Peculiarities of the Application of Temporary Protective Measures in Civil and Administrative Proceedings

Under the Constitution of the Republic of Lithuania, justice is administered by the courts. It is the court's decision that is the act of administering justice, which is adopted after a full and complete assessment of the evidence gathered and examined in the case, providing a reasoned response to the arguments of the parties, and resolving the legal dispute that arose. However, a considerable period may elapse before a judgment is given in a case, and it is therefore necessary to provide for the interim measures in court proceedings in order to ensure that the future execution of the judgment is not impeded. These interim measures are intended to temporarily regulate or "freeze" the situation to ensure that the future judgment (and thus justice) is actually carried out. One of the fundamental principles of civil procedure - access to justice and the right to due process of law - establishes not only the State's obligation to ensure the protection of the subject's substantive rights and access to justice, but also to guarantee the enforcement of the judgment rendered in civil proceedings, as the defence of a person's violated rights must be not only effective but also realistic. Interim measures of protection and measures to secure claims are, in their essence, a temporary mechanism for the settlement of a disputed situation, which is applied on the legal grounds laid down by law in order to ensure that a future judgment can be enforced in practice. They are not to be understood as a remedy for the protection of a substantive legal relationship, since they merely provide procedural protection of a temporary nature, normally lasting until the judgment is enforced. They are 'provisional' in nature, as they can be modified or revoked and normally expire once the judicial dispute has been finally settled. The principles of legal equality, economy of proceedings, fairness and other principles of judicial procedure are important in deciding whether to grant interim measures of protection or interim measures of security or not. The article presents the grounds for the application of interim measures of protection (security measures) both in civil and administrative court proceedings, the specifics, the main procedural peculiarities and problems of this type of procedural issues in both civil and administrative court proceedings, as well as conclusions.