Administracinio proceso atnaujinimo instituto tam tikrų ypatumų vertinimas konstituciniu požiūriu

Abstract

Once a court decision enters into force, there is the possibility that, due to certain circumstances, the decision cannot be considered justified and lawful. Therefore, in exceptional circumstances established by law, proceedings may be resumed, and the final decision may be reviewed. Renewal of the process is an exclusive form of control of final court decisions, and serves as an extraordinary and optional form of review of a court decision. The legislature has established the requirement that a request for the reopening of an administrative case must be made by a person with a university degree in law. This requirement is different from the regulation of this issue in the regulations of the other main types of proceedings. In the event of such a difference, the question arises as to whether the provision that a request for reopening of the administrative proceedings must be made by a person with a university degree in law violates the constitutional principle of equality of all persons. Therefore, the aim of the authors of this study is to analyze the peculiarities of the institute for the renewal of administrative filings by assessing it through the prism of the aforementioned principle. As the issues of reopening an administrative case are only briefly analyzed in the works of Lithuanian and international scholars, the focus of this article is on the analysis of court practice, on the basis of which final conclusions will be presented.