| Abstract [eng] |
Institute of administrative contracts is famous in Western European countries. Administrative contracts have been acknowledged since the 20th century as well as enacted in positive law. Institute of administrative contracts of Lithuanian Republic has not been enacted in positive law and the issue of administrative contracts has not been discussed in administrative law doctrine. Various problems arise due to absence of legal regulation of administrative contracts in Lithuania, such as concept of administrative contract, determination of its essential features and delimitation from other kinds of contracts, for instance, civil contracts. The aim of the current master thesis is to analyze peculiarities of legal nature of contracts concluded by authority institutions seeking to define criteria predetermining administrative legal nature of such contracts. In order to attain the aim of the paper, it is necessary to reveal the concept of administrative contract presented in legal doctrine, as well as summarize criteria determining the administrative legal nature of contract. After the concept of administrative contract is revealed the current paper delves into analysis and evaluation of legal nature peculiarities of contracts concluded by authority institutions. The following conclusions have been discovered after the research. There is no common opinion about the concept of administrative contract – it is explained to a broad extent by some authors and more narrow by others. The practice of the Supreme Administrative Court of Lithuania is not plentiful but united in respect of issue of administrative contract. Both representatives of Lithuanian legal science and courts acknowledge the existence of administrative contracts in Lithuanian legal system; nevertheless it has not been enacted in positive law. Administrative contract is characteristic of both private and public law elements. If elements of private law are absent in administrative contract, such contract is no longer treated as an agreement and becomes an administrative act. On the other hand, the presence of obligatory party in administrative contract – body of public administration that is implementing public administration and has authorization, specific goal of the contract, such as consideration of society needs and protection of public interest and other criteria exclude administrative contract from other kinds of contract, moreover, it confirms that administrative contract is a special type of public law contracts. Various types of agreements are being used in activities of institutions of Vilnius City Municipality. Civil contracts include agreements concluded by Vilnius City Municipality concerning various financial obligations for management of assets controlled in law of municipality property. Specialists of administrative law consider contracts of concession and public procurement which are concluded by institutions of Vilnius City Municipality as administrative contracts. Vilnius City Municipality which functions as a body of public administration concludes cooperation and joint activity (it should be referred as competence in its matter) contracts performing public administration functions that are established by legislative act. The aim of such contracts is consideration of society needs, assurance and protection of public interest. Thus, these two types of contracts are considered as administrative contracts. |
