Law of Lithuania
Lithuanian law is part of the Roman- Germanic legal family.
Legal History
Under Lithuanian law was understood that in force in the former Grand Duchy of Lithuania law, which remained at the private law area in the Lithuanian, White and Little Russian provinces until 1842, only to be replaced by the Russian private law.
The Lithuanian law was primarily due to the regulations of the former Grand Duke of Lithuania, but was also the awarding of Magdeburg and the city of Kulm law to individual cities on the formation of the Lithuanian law of decisive influence.
Important steps in the codification of the Lithuanian law were:
- The Casimir statute: the first general law book had been adopted by the Grand Duke Casimir IV in 1468.
- The Statute of Lithuania: Rechtskodifikation of the Polish-Lithuanian state in the 16th century for its design and training and Polish Law and the invading Roman law immediately contributed. The 16th century was a cultural flowering time in Lithuania. 1529, 1566 and 1588 were drafted 3 Statute of Lithuania. They are evidence of a mature legal culture. The last statute of 1588 was in the area of the former Grand Duchy of Lithuania even in the 19th century, although the state had long since disappeared from the map of Europe.
- The Constitution of May 3, 1791 Poland - Lithuania: it is the oldest written constitution in Europe.
- While the independence of Lithuania from 1918 to 1941 were still substantial Russian law books from tsarist time: the Civil Procedure Code, Civil Code, Criminal Code, Code of Criminal Procedure - Lithuanian translations had only informative character.
From the adoption of the Soviet system and the incorporation of Lithuania into the USSR as a Soviet Socialist Republic of Communist law books have been introduced:
Sources of law
Inheritance
Organisation of justice
The Constitution of the Republic of Lithuania provides that the administration of justice, the courts shall have exclusive jurisdiction. Judges and courts are independent in the exercise of justice. At the trial of cases judges are bound by the laws. Judges will not laws that are contrary to the Constitution, not apply.
The National Courts Administration Authority began its work after the new version of the Law of the Republic of Lithuania on dishes or after the entry into force of the Act on the National Court Administration Authority on 1 May 2002.
The main task of this authority is to assist institutions in the field of judicial self-government in the performance of their duties.
Judiciary
The Lithuanian Constitutional Court watches over the observance of the Constitution. The Supreme Courts of Lithuania, the Supreme Court:
- Lietuvos Aukščiausiasis Teismas ( ordinary jurisdiction )
- The Supreme Administrative Court in Vilnius Vyriausiasis Administracinis Teismas ( administrative courts).
The bulk of the case law is the responsibility of the national courts.
The highest courts are only appeal instance ( cassation ) and examine the decisions of the national courts ( district courts and district courts ) to formal legality.
The Court of Appeal and District Courts examine the decisions on procedural and substantive legality ( as a trial court ).
Judicial self-government
The General Assembly of the judges is the highest body of judicial self-government. All Lithuanian judges are members of the General Assembly.
The Judicial Council is an executive body of judicial self-governing and consists of 24 members.
The judicial court of honor is an institution of judicial self-government. It negotiates disciplinary proceedings against judges and lawsuits for defamation of judges.
Civil jurisdiction
General Court of Jurisdiction:
- District courts have jurisdiction in the first instance for criminal and civil matters and for violations of the law of administration ( which, under the law within the jurisdiction of the district court ); also for cases which fall within the competence of the judges for the liens, and for cases relating to the enforcement of decisions and judgments. The District Court Judge also act as judge in preliminary proceedings and as a judge of. They also comply with all other, the district court assigned tasks according to the law.
- District courts are the courts of first instance for criminal and civil cases that fall within the jurisdiction of the district courts under the law. In addition, there is a right of appeal for official judicial judgments, decisions, rulings and decisions.
The President of the District Court organized the administration of the district courts and the supervisory authority of the district courts and magistrates that fall within its jurisdiction in accordance with the procedure prescribed by law.
- The Court of Appeals is the appellate authority for the front of the district courts negotiated in the first instance cases. Before the Court of Appeals, applications for recognition of judgments of foreign and international courts and applications for the recognition of foreign and international arbitral awards and their enforcement within the Republic of Lithuania are being negotiated. The Court of Appeals also performs other tasks assigned to it by law.
The President of the Court of Appeal organized the administration of the district courts and the supervisory authority of the district courts and the district judge in accordance with the procedure prescribed by law.
- The Supreme Court of Lithuania is the only cassation. The Supreme Court is responsible for the review of final judgments, decisions, rulings and decisions of the competent courts in general. The Supreme Court is responsible for the development of consistent case law in the interpretation and application of laws and other legal acts.
See general jurisdiction in Lithuania.
Administrative jurisdiction
District administrative courts
District administrative courts ( in Kaunas, Klaipeda, Vilnius, Panevėžys and Šiauliai) are courts of special jurisdiction. They negotiate complaints ( inputs ) in relation to administrative acts, as well as to acts and omissions ( non-fulfillment of obligations) of administrative bodies in the public and private area. District administrative courts hear disputes in the field of public administration, on matters relating to the legality of administrative rules on tax disputes etc.
Before referral to an administrative tribunal, individual acts or actions which will be taken by administrative bodies in the cases provided by law, be attacked in a pre-trial. In this case, the disputes of an urban Commission for administrative disputes, a regional commission for administrative disputes or the Main Commission for administrative disputes will be investigated.
Supreme Administrative Court of Lithuania
The Supreme Administrative Court of Lithuania is the first and last resort for administrative cases, which fall within the jurisdiction of that court under the law. The court also has jurisdiction on appeal for the following things: For cases arising from the decisions, rulings and decisions of the district administrative courts and for cases relating to violations of the law of administration, arising from the decisions of the district courts.
The Supreme Administrative Court is competent to hear an application for reopening a completed administrative matter including cases of administrative violations of law in statutory cases.
The Supreme Administrative Court has jurisdiction of the administrative courts for the development of consistent case law in the interpretation and application of laws and other legal acts.
Prosecutor
At the top of the Lithuanian Prosecutor General's Office, the Republic of Lithuania is ( led by the Attorney General of the Republic of Lithuania ).
There are territorial prosecutor's offices in large cities ( District Attorney's Office, lit. Apygardos Prokuratura ) and Rajons ( Rajonsstaatsanwaltschaft, lit. Rajono Prokuratura ). These individual prosecutors and the departments and divisions of the Generalanstaatsanwaltschaft are led by top prosecutors ( Vyriausiasis prokuroras ). This the deputy public prosecutor ( vyriausiojo prokuroro pavaduotojas ) and prosecutors ( prokuroras ) are assigned.