Kasacinio proceso naujovės Civilinio proceso kodekse

Abstract

Upon the evaluation of the historical development of the cassation institution, also the experience of the foreign countries regulating this institution, in the preparation work of the new Civil Process Code to compare with the present regulation of the cassation in the civil process, partial reform of the cassation institution is required. Though in the new code as the base of the cassation model the current cassation system can be foreseen, practice of the several years has pointed to the need of including some essential innovations. It is important to determine the fundamental aim of the cassation and the purpose of the cassation court - development of the law and formation of the uniform practice of courts, fulfilling and explaining legal regulations. The rule (relevant to the practise of courts) of application and interpretation the law in the concrete case is to be called the basic result of the cassation. The limits of the foundations in the cassation and the requirement, that cassation claims be complied and persons participating in the case be represented by skilled professional lawyers - barristers and some other persons with higher-university law education, also creating the system of the permissions, making decision on the acceptance of cassation claims in the Cassation Court of Lithuania, are determined in these aims of the cassation. The creation of the permissions system enables to reject nearly all the absolute (provided directly in the law) restrictions of the cassations too. To emphasise the importance of such principles of the civil process as contest and disposition, also the independence and impartiality of judges, the new Civil Process Code rejects
the cassation proposal institution, which can be called one of the most positive change in the present reform of the cassation.
Some other innovations of Civil Process Code (which is confirmed by law 28th February 2002 No. IX-743 and which will come into force at first of January 2003) are discussed in the article. These innovations (in the opinion of the authors) will help to facilitate an effectively realization of the tasks raised to the cassation - first, the question of the limits of the cassation (the rights of the cassation court), validity of principle non reformatio in pejus in the cassation and others.