Determination of Tangible Truth as One of the Procedure Renovation Functions
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Abstract
Procedure renovation institute in the civil procedure law is not new. The retrial of the case on the basis established in the law was known in Lithuania already in the period between the wars. But the procedure retrial was established as a separate institute only by Law on the Amendment and Supplement to the Civil Procedure Code of the Republic of Lithuania that came into effect on 1 January 1999. Even though the institute of procedure renovation is not new, it has not undergone an exhaustive analysis and exploration in the Lithuanian civil procedure law science. It should be indicated, that there is also no abundant literature. Therefore, according to the author, the discussion on the process renovation is relevant and significant. The article provides a short review of the procedure renovation development in the Lithuanian civil procedure law, the determination of tangible truth as a process renovation function is revealed applying historical, systemic and comparative methods, procedure renovation and reversal as court decision (court ruling) legitimacy and validity control forms, restriction problems are analyzed.
The purpose of the reversal procedure and the procedure renovation is the same – not to leave incorrect decisions in valid, but the reasons determining the incorrectness of court decision (ruling) are different. The reversal object is the validated court decision, not the case itself. The court of cassation without going over the limits of the court of cassation and following the circumstances established by the first and appeal instance courts, verifies the court decisions and rulings that are appealed against only under the aspect of law application. This means that the tangible truth is not determined in the reversal procedure, i. e. the case is not judged for the second time following general rules. In the cases, during which the procedure is renovated, the court decision that have been validated can not be changed or eliminated and new decisions (rulings) made due to the court mistakes made in them, because, in such a case, we would have another court decision (ruling) legitimacy and validity control form. After renovating the procedure in the case, which was finalized by a validated court decision (ruling), another truth might be determined on the procedure renovation basis than the one determined in the validated decision (ruling) of the court, which determines the amendment or elimination of the validated court decision (ruling) and making a new decision (ruling). Nevertheless, Articles 1, 6, 7, 8 and 9 of Part 1 of the Item 366 of the Civil Procedure Code of the Republic of Lithuania establish basis for assumption (possibility) of correcting the mistakes made by the court in the validated court decisions (rulings), which makes the procedure renovation another court decision (ruling) control form.
The purpose of the reversal procedure and the procedure renovation is the same – not to leave incorrect decisions in valid, but the reasons determining the incorrectness of court decision (ruling) are different. The reversal object is the validated court decision, not the case itself. The court of cassation without going over the limits of the court of cassation and following the circumstances established by the first and appeal instance courts, verifies the court decisions and rulings that are appealed against only under the aspect of law application. This means that the tangible truth is not determined in the reversal procedure, i. e. the case is not judged for the second time following general rules. In the cases, during which the procedure is renovated, the court decision that have been validated can not be changed or eliminated and new decisions (rulings) made due to the court mistakes made in them, because, in such a case, we would have another court decision (ruling) legitimacy and validity control form. After renovating the procedure in the case, which was finalized by a validated court decision (ruling), another truth might be determined on the procedure renovation basis than the one determined in the validated decision (ruling) of the court, which determines the amendment or elimination of the validated court decision (ruling) and making a new decision (ruling). Nevertheless, Articles 1, 6, 7, 8 and 9 of Part 1 of the Item 366 of the Civil Procedure Code of the Republic of Lithuania establish basis for assumption (possibility) of correcting the mistakes made by the court in the validated court decisions (rulings), which makes the procedure renovation another court decision (ruling) control form.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
