THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA
D E C I S I O N
On the dismissal of the initiated legal proceedings of the
case
4 July 1994, Vilnius
The Constitutional Court of the Republic of
Lithuania, composed from the Justices of the Constitutional
Court Algirdas Gailiūnas, Kęstutis Lapinskas, Zigmas
Levickis, Vladas Pavilonis, Pranas Vytautas Rasimavičius,
Stasys Stačiokas, Teodora Staugaitienė, Stasys Šedbaras and
Juozas Žilys,
the secretary of the hearing - Rolanda Stimbirytė,
in the procedural sitting of the Constitutional Court
considered the report made by Justice Zigmas Levickis and
Justice Teodora Staugaitienė about the case in preparation
for the court hearing subsequent to the petition submitted
to the Court by a group of Seimas members requesting to
investigate if the Government of the Republic of Lithuania
Resolution No 137 "On urgent activities while implementing
land reform in 1993", adopted 4 March 1993; Resolution No
138 "On the confirmation of interim procedure for the lease
of state land in rural areas", adopted 4 March 1993; and
Resolution No 849 "On the confirmation of interim
regulations concerning the seizure of plots of land and
their allocation for the needs of state", adopted 9 November
1992, are in compliance with the Constitution of the
Republic of Lithuania, the Law of the Republic of Lithuania
"On the Procedure and Conditions of the Restoration of the
Rights of Ownership to the Existing Real Property", and the
Law of the Republic of Lithuania on Land Reform.
The Constitutional Court
has established:
On 19 October 1993 the Government of the Republic of
Lithuania by Resolution No 785 (Official Gazette "Valstybės
Žinios" No 55-1075, 1993) nullified the disputable
Resolution No 137 of 4 March 1993 "On urgent activities
while implementing land reform in 1993"; on 14 April 1994 by
Resolution No 280 (Official Gazette "Valstybės žinios" No 29-
519, 1994) nullified the disputable Resolution No 138 of 4
March 1993" On the confirmation of interim procedure for the
lease of state land in rural areas". In item 2 of the
Government of the Republic of Lithuania Resolution No 849
"On the confirmation of interim regulations concerning the
seizure of plots of land and their allocation for the needs
of state", adopted 9 November 1992, it was established that
the Resolution would be valid until the adoption of the Law
of the Republic of Lithuania on Land. The said Law was
enforced on 1 July 1994. Therefore, the disputable
Resolution No 849 of 9 November 1992, upon the enforcement
of the Law of the Republic of Lithuania on Land (Official
Gazette "Valstybės žinios" No 34-618, 1994), became invalid.
In the fourth part of Article 69 of the Law on the
Constitutional Court it is established: "The annulment of a
disputable legal act shall be grounds to adopt a decision to
dismiss the initiated legal proceedings".
Conforming to the fourth part of Article 69 of the
Law on the Constitutional Court of the Republic of
Lithuania, the Constitutional Court has taken the following
decision:
to dismiss the initiated legal proceedings of this
case.
Justices of the Constitutional Court:
Algirdas Gailiūnas Kęstutis Lapinskas
Zigmas Levickis Vladas Pavilonis
Pranas Vytautas Rasimavičius Stasys Stačiokas
Teodora Staugaitienė Stasys Šedbaras
Juozas Žilys