Bendrosios kompetencijos teismų sprendimų instancinė kontrolės sistema Lietuvoje 1918-2003 m.

Abstract

This dissertation systematically analyses the development of the institute of instance system of control of judgments by ordinary courts in Lithuania in 1918-2003, analyzing its elements - constitutional jurisprudence, principle of judicial independence, judicial instance system and norms of criminal and civil procedure law relevant to the object. The aim is also to reveal the origins of the instance system of control of judgements, to assess the impact of this system on the efficiency of the courts of ordinary jurisdiction and legislative processes, and to identify the features of the institute’s continuity between the First and Second Republic periods. The aim of this research is to demonstrate that the effectiveness of the instance system of control of judgements had a fundamental impact on the formation of the national judicial system of ordinary jurisdiction, and that the right of a person to a higher court was ensured despite dynamic historical circumstances. Furthermore, an effective instance system of control of judgments in the Republic of Lithuania started operating only in 2003, when the legislator accepted the principles and practice established in international practice and adopted authentic national codes of civil and criminal procedure.