THE (NON-) APPLICATION OF THE PRINCIPLE OF PUBLICITY OF PROCEEDINGS IN THE REMOTE HEARING OF A CIVIL CASE
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Abstract
The article analyses the problems of proper implementation of the principle of publicity in the remote court hearing in civil proceedings. Since in Lithuania the remote court hearing is increasingly used not for individual procedural actions, but for the substantive hearing of the case, the article analyses whether it ensures one of the fundamental principles and objectives of civil proceedings - publicity. First of all, the study identifies the elements of the principle of publicity that allow to conclude that the case is heard in open court, analyses the peculiarities of the remote hearing, the adequacy and sufficiency of its regulation, finally assesses whether the remote hearing fully ensures the implementation of the principle of publicity, discusses some practical problems in the application of the remote hearing and presents possible solutions to them.
Keywords: remote court hearing, publicity, oral hearing.
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