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- Title
NE TEISMO IŠDUODAMI VYKDOMIEJI DOKUMENTAI.
- Authors
Višinskis, Vigintas
- Abstract
The article analyses the notion of enforcement orders, reviews the enforcement orders issued by other institutions than courts, and discusses the proceedings of their issue, their importance in the civil procedure. The article is divided into four parts. In the first part analyses the notion of enforcement orders and its legal significance. The Code of Civil Procedure of the Republic of Lithuania ("CCP", Art. 1) determines the order of hearing of civil cases, decision making and their enforcement, application for recognition and enforcement of foreign court judgments and arbitration awards. The decisions of other institutions and officials are implemented by an order established by CCP, but CCP does not regulate their decision making, entry into force, the procedure of issue of enforcement orders etc. The main difference between the documents issued by courts and other institutions is that the legitimacy of the court decisions, judgments, rulings and decrees can be monitored by the appeal and cassation procedure established by the CCP. For this reason the courts cannot consider the validity of the enforcement orders of other institutions. But if the enforcement order is issued by a different institution than court, in some cases the focus of the dispute can be this document itself. The second part of the article discusses the procedure of issuance of enforcement orders by institutions and officials other than courts and the claims for their enforcement in the cases of administrative legal violation as far as they are related to monetary claims. According to Article 312 of the Code of Administrative Legal Violations the decision to impose a fine is enforced by bailiffs by an order provided for in the Code of Administrative Legal Violations and other laws of the Republic of Lithuania. That is why the enforcement order for fine recovery is the decision of institution or an official to impose a fine. The third part discusses the procedure of issuance of the enforcement order to enforce the decisions of the Industrial disputes commission. The decision of the Industrial disputes commission is documented as a protocol of the Industrial disputes commission. In this case, the enforcement order is the transcript of the protocol of the Industrial disputes commission. The forth part analysis enforcement registers of negotiable or non negotiable bills of exchange or cheques as executive documents by notaries. The fifth part of the article discusses the European enforcement orders issued by notaries. The European Parliament and Council regulation No. 805/2004 establishes a European enforcement order for uncontested claims. It has created a system pursuant to which the confirmed authentic documents can freely circulate in all member states, and has set only minimum requirements according to which it is not necessary to undergo any interim procedures in a member state where such a decision must be enforced. Under the national law of Lithuania, European enforcement order can only be issued by a notary on the basis of the authentic documents.
- Subjects
LITHUANIA; EUROPE; ENFORCEMENT; CIVIL procedure; CIVIL law; DECISION making; ADMINISTRATIVE law; FINES (Penalties)
- Publication
Jurisprudence / Jurisprudencija, 2008, Vol 7, Issue 109, p47
- ISSN
1392-6195
- Publication type
Article