Sėkmingas sprendimų vykdymo procesas neįmanomas be tinkamo finansavimo. Nuo 2003-01-01 pradėjus veikti privačiai antstolių sistemai pasikeitė ir vykdymo proceso finansavimo tvarka. Valstybė vykdymo proceso finansavimo naštą perkėlė išieškotojui. Pagal šiuo metu galiojančią tvarką, išieškotojas pateikdamas sprendimą priverstiniam vykdymui privalo apmokėti ir visas su tokio sprendimo vykdymo susijusias išlaidas. Vykdymo išlaidų atlyginimo tvarkos teisiniame reglamentavime įtvirtintas bendrasis principas, kad įvykdžius vykdomąjį dokumentą visos vykdymo išlaidos išieškomos iš skolininko. Tačiau kaip vėliau darbe atskleidžiama, praktinis minėto principo taikymas kelia daug problemų visiems vykdymo proceso dalyviams. / The main target for this work is to find out how effective is today`s regulations about payments made for execution process and how capable are those regulations in order to protect one`s right`s not to be involved in a perpetual legal proceedings to have those payments back?. There were four tasks author had to do. First to have an analysis in law regulating payment for execution process. Second task was to find out if those regulation have any dearth`s. If results were positive, than how they affects parties rights in execution process in order to keep their assets and not to be forced to pay for those proceedings again and again and not to start court proceedings. Third there was a need to define how important is to have better regulations about payments made for execution process. Fourth task was to give suggestions about how to improve regulations about payments made for execution process in order to have parties assets protected and annul all chances to start court proceedings for the same question. In order to get better results for his researches author has tried to separate each party. In that way it was possible to learn from each parties perspective exactly how civil execution costs and the order of reimbursing them, affects their material and procedural rights. In doing that first party was the bailiff. For him our regulations in most of the cases establishes broadly acknowledged principle that all expenses he suffers must be compensated by recoverer... [to full text]

The execution process is very important for protection of human rights. If court decisions were not executed the very court decisions would loose their importance. Rights of a creditor and a debtor are written in the Code of Civil Procedure (CPC) and in other legal acts, but these rights should be properly explained to the parties of the execution process. Only the prescription to present the writ of execution is determined in Lithuanian laws, but any prescription for the whole case of execution is not determined usually. It would be reasonable to determine such a period of time at least for enforcement of administrative sanctions. A proposal to fulfil a decision is an important mean to offer to a debtor to pay the debt by himself. But according to CPC the proposal is sent not in every case. For example, it is not sent in cases of enforcement of administrative sanctions. According to the new Instruction on Execution of Judgements, there is an alternative document to the proposal. To have in mind that both these documents have the same functions and almost the same content, there is a doubt if it is reasonable to regulate the same thing in different laws. The Supreme Administrative Court of Lithuania has decided that the Instruction on Execution of Judgements adopted in 2002 years violates other legal acts adopted by the Government. So there is a problem which Instruction should be implemented for the executive cases which were started before adopting the new Instruction... [to full text]

Execution process is a significant part of civil process that helps to assure the legal peace between the parties of civil conflict as well as the stability of legal relations in the society. In this master thesis the rights and duties of a bailiff are analysed at the same time as comparing the legal regulation of this sphere in Lithuania and other countries. Possibilities to improve the regulation affecting procedural activities of a bailiff in Lithuania are considered on the basis of analysis. This work is started by analysing the relation between the process of execution and the civil one. It is done by reviewing the analysis of stages and principles of the civil process made by scientists as well as investigating whether the legal regulation of the execution process are found in the Codes of Civil Procedure or in the separate legal acts. The conclusion is done that the execution process is part of a civil one. The trends of harmonisation of the execution process in the world and separately in the European Union are also considered. The analysis of the rights and duties of a bailiff, his activities in the separate stages of the execution process takes the main part of this work. The procedural rights and duties of a bailiff while enforcing the monetary and non- monetary claims are discussed separately. The analysis of activities of a bailiff while enforcing monetary claims begins with the review of the stage of initiating a case of compulsory execution. This is done... [to full text]