THE CONSTITUTIONAL COURT OF                                    
                  THE REPUBLIC OF LITHUANIA                                     
                                                                                
                                                                                
                           RULING                                               
                                                                                
On the compliance of the Seimas of the Republic of Lithuania                    
   resolution "On amending item 5 of the resolution of the                      
               Supreme Council of the Republic                                  
of Lithuania "On the procedure for implementing the Republic                    
                        of Lithuania                                            
   Law on Citizenship", adopted 22 December 1993, with the                      
          Constitution of the Republic of Lithuania                             
                                                                                
                   13 April 1994, Vilnius                                       
                                                                                
      The Constitutional Court of the Republic of Lithuania,                    
composed  from  the  Justices of  the  Constitutional  Court                    
Algirdas  GailiŻnas,  Kśstutis Lapinskas,  Zigmas  Levickis,                    
Vladas   Pavilonis,  Pranas  Vytautas  RasimaviŤius,  Stasys                    
StaŤiokas, Teodora StaugaitienŽ and Juozas řilys,                               
     the secretary of the hearing - SigutŽ BrusovienŽ,                          
       the   petitioner   -   Vilija  AleknaitŽ-AbramikienŽ,                    
representative of a group of Seimas members ,                                   
      the  party  concerned - Seimas member Petras  Papovas,                    
Seimas representative,                                                          
      pursuant to Part 1, Article 102 of the Constitution of                    
the  Republic of Lithuania and Part 1, Article 1 of the  Law                    
on the Constitutional Court of the Republic of Lithuania, in                    
its   public   hearing  of  8  April  1994   conducted   the                    
investigation  of Case No 7/94 subsequent  to  the  petition                    
submitted  to  the  Court by a group of the  Seimas  of  the                    
Republic  of Lithuania members requesting to investigate  if                    
Seimas  resolution ÷On amending item 5 of the resolution  of                    
the  Supreme  Council of the Republic ÷On the procedure  for                    
implementing  the Republic of Lithuania Law on Citizenship’,                    
adopted 22 December 1993, is in compliance with Articles 12,                    
28  and the first part of Article 29 of the Constitution  of                    
the Republic of Lithuania.                                                      
                                                                                
     The Constitutional Court                                                   
                         has established:                                       
      On  22  December 1993, the Seimas of the  Republic  of                    
Lithuania  adopted resolution "On amending  item  5  of  the                    
resolution  of  the  Supreme  Council  of  the  Republic  of                    
Lithuania "On the procedure for implementing the Republic of                    
Lithuania  Law on Citizenship"" (Official Gazette "ValstybŽs                    
řinios", No 2 -24, 1994).                                                       
      The  petitioner  -  a group of the  Seimas  members  -                    
requests  the Constitutional Court to recognize that  Seimas                    
resolution  "On  amending item 5 of the  resolution  of  the                    
Supreme  Council  of  the  Republic  of  Lithuania"  On  the                    
procedure for implementing the Republic of Lithuania Law  on                    
Citizenship"  ",  22  December,  1993  Article  29  of   the                    
Constitution of the Republic of Lithuania.                                      
      The  petitioner grounds his request on the  fact  that                    
said  resolution  establishes the norm that  persons  having                    
served  in  the armed forces of the Soviet Union and  having                    
terminated  their service within the period up  to  1  march                    
1992  and up to 4 November 1994 having been issued a Citizen                    
of  the  republic  of  Lithuania  Certification  Card  or  a                    
Certification  Testifying  to  the  (Person's)  Decision  to                    
acquire  Citizenship  of the Republic of  Lithuania  ,  have                    
citizenship of the Republic of Lithuania and may  be  issued                    
the  passport of a citizen of the republic of Lithuania.  In                    
the  petitioner's opinion, in Article 12 of the Constitution                    
it  is  specified,  that  citizenship  of  the  Republic  of                    
Lithuania  shall  be acquired by birth  or  on  other  bases                    
established by law and the procedure for the acquisition and                    
loss  of  citizenship shall be established by  law,  whereas                    
Seimas has resolved this issue by adopting said resolution.                     
       The   petitioner  has  stated  that  said  resolution                    
contradicts   the  second  part  of  Article   12   of   the                    
Constitution  in  which  it  is determined  that,  with  the                    
exception of cases established by law, no person  may  be  a                    
citizen  of the Republic of Lithuania and another  state  at                    
the  same  time. ÷Persons who served in the armed forces  as                    
well  as another repressive structures of the Soviet  Union,                    
had  to  be and were citizen of the Soviet Union, therefore,                    
documents to their decisions to acquire citizenship  of  the                    
Republic of Lithuania, which they have been issued shall  be                    
invalid. Hereby, this resolution contradicts Article  28  of                    
the  Constitution of the Republic of Lithuania as  well.  By                    
said    resolution,   the   Seimas   legalises   citizenship                    
irrespective of the fact whether a person, has  acquired  it                    
lawfully  or  not. The constitutional principle establishing                    
that  all  people shall be equal before the law, the  court,                    
and  other state institutions, has also been violated  (Part                    
1, Article 29, Constitution)’.                                                  
      In  the court hearing, the petitioner's representative                    
has submitted the following additional arguments.                               
      The fact that the presence of the armed forces of  the                    
Soviet  Union  in Lithuania was unlawful is confirmed  by  a                    
number of legal acts: the Supreme Council of the republic of                    
Lithuania  resolution ÷On 1939 treaties between Germany  and                    
USSR and elimination (liquidation) of their consequences  to                    
Lithuania’, 7 February 1990, ÷13 March 1990 address  of  the                    
Supreme  Council’ To the Chairman of the Supreme  Soviet  of                    
the  USSR’,  19  March 1990 declaration  (statement  of  the                    
Supreme  Council  ÷On the status of Soviet armed  forces  in                    
Lithuania’, and partly 24 December 1989 resolution passed in                    
the  meeting of USSR People's deputies. The Soviet army  was                    
unlawfully stationed in Lithuania, thus, there is no  ground                    
for maintaining that persons, who formed that army, had come                    
to Lithuania lawfully. Hereford the conclusion is to be made                    
that  the factual presence of servicemen of the Soviet Union                    
on  the  territory of Lithuania did not mean, however,  that                    
they had permanent place of residence in Lithuania, because:                    
      a)  they  could  not choose their place  of  residence                    
themselves;                                                                     
      b)  Serviceman of the Soviet Union were registered  in                    
Lithuania according to legal status of foreign state.                           
      The  petitioners  representative has  maintained  that                    
Certification  Testifying to the  (Person's)  Decisions   to                    
Acquire  Citizenship of the Republic of Lithuania  may  have                    
been   issued  only for civilians as they  were  valid  only                    
along  with soviet passport they possessed. At that time  it                    
was   not  the  passport  but  military  card  (serviceman's                    
identity  card)  which confirmed the person's  identity  and                    
citizenship    of   Soviet   servicemen,   therefore,    the                    
certifications they have been issued are invalid (unlawful).                    
       The   representative  of  the  party  concerned   has                    
explained,  that the petitioner's request is groundless  and                    
the adopted resolution ÷On amending item 5 of the resolution                    
of  the Supreme Council of the Republic of Lithuania ’On the                    
procedure for implementing  the Republic of Lithuania Law on                    
Citizenship’  does  not contradict the Constitution  of  the                    
Republic of Lithuania.                                                          
     The representative of the party concerned has submitted                    
the following counter - arguments:                                              
      The  goal (purpose) of the resolution adopted  by  the                    
Seimas is - to regulate equal application of laws and  other                    
legal  acts that are in force now and were in effect earlier                    
according  to  the  principles of equality  of  men.  Seimas                    
resolution of 22 December 1993 has regulated the meaning  of                    
items  8,  5  and  4  of  10 December  1991  resolution  and                    
provision  thereof that no legal acts shall have retroactive                    
and,  more  so, they are not validity with respect  to  1989                    
Law,  on  Citizenship  which is no  longer  in  force.  Said                    
resolution  adopted by the Seimas provides  the  possibility                    
for  the  citizens of the Republic of Lithuania to  lawfully                    
and  validity  be issued with passports of citizens  of  the                    
republic of Lithuania’.                                                         
      The  representative of the party concerned holds  that                    
the  arguments submitted by the petitioner are not grounded,                    
as:                                                                             
     ÷1. The Seimas resolution has not amended the provision                    
of  Article  12  of  the Constitution  of  the  Republic  of                    
Lithuania, but , on the contrary, has regulated that persons                    
who  have  acquired citizenship on the bases  prescribed  by                    
laws be  issued passports of a citizen.                                         
      2.  Said  resolution  is in conformity  with  Part  2,                    
Article  12  of  the  Constitution,  because  the  laws   on                    
Citizenship  have  provided for other  separate  cases  when                    
persons  are  considered to be citizens of the  Republic  of                    
Lithuania, and items 7 and 4 of the Supreme Council  of  the                    
Republic  of  Lithuania  resolution ÷On  the  procedure  for                    
implementing  the Republic of Lithuania Law on  Citizenship’                    
establish  that citizenship of the Soviet Union with  regard                    
to  persons specified in Article 1 of the Law on Citizenship                    
is null and void.                                                               
      3. The Seimas resolution cannot contradict Article  28                    
of The Constitution of the Republic of Lithuania as well, as                    
citizenship has been legalised not by said resolution but by                    
above   mentioned  Laws  on  Citizenship.  The  Seimas   has                    
regulated the application of legal laws in issuing passports                    
for  the  citizen of the Republic of Lithuania. The  wording                    
÷May  be’ established in said resolution allows for passport                    
agencies to check whether a person has acquired his  or  her                    
citizenship validly and lawfully.                                               
      4.  Seimas' said resolution has also not violated  the                    
provisions of Part 1, Article 28 of the Constitution, as the                    
Seimas ÷has only regulated all the provisions of legal  acts                    
specifying  that all citizens of the Republic  of  Lithuania                    
must  be  issued  passports  of  citizens,  i.e.  that   the                    
principle   of   all  person's  equality  before   Laws   on                    
Citizenship and passport agencies be established.’                              
      The  representative  of  the party  concerned  in  his                    
additional explanation (argumentation) on 7 April  1994  has                    
also   that  Law  on  Citizenship  did  not  forbid   Soviet                    
servicemen  to  be citizens of Lithuania and  they,  by  the                    
Supreme Council of the Republic of Lithuania resolution  ÷On                    
the procedure for implementing the Republic of Lithuania Law                    
on Citizenship’ were allowed to serve in military structures                    
within  the  period  up  to  1  March  1992.  Therefore,  he                    
maintains  that, persons specified in paragraph 3 Article  1                    
of  the  Law  on Citizenship may as well be servicemen,  and                    
they  are  not forbidden to be citizens of the  Republic  of                    
Lithuania  and may be issued with passports of a citizen  of                    
the Republic of Lithuania.                                                      
      There may not be different explanations with regard to                    
what  is  the permanent place of residence of servicemen  or                    
other  persons.  Besides, the permanent place  of  residence                    
should  be decided in accordance with permanent registration                    
of  residents which was  in force at that time (at the  time                    
of their residing).                                                             
                                                                                
     The Constitutional Court                                                   
                         holds that:                                            
      Citizenship  is  a person's permanent political  legal                    
relation  to a certain state, grounded on mutual rights  and                    
obligations  as  well mutual trust, loyalty  and  protection                    
therefrom.  Laws on citizenship adopted by states  precisely                    
regulate conditions and procedure for acquiring citizenship,                    
providing  for the oath to the state and pledge  of  loyalty                    
(with  exception of cases when citizenship  is  acquired  by                    
birth),  forbidding or restricting badly double citizenship.                    
In   modern  contemporary  international  law  international                    
agreements concerning (on) double citizenship between states                    
concerned  is  considered a usual  way  of  legalisation  of                    
double citizenship.                                                             
      The  Republic of Lithuania Law on Citizenship, adopted                    
1989,  did  not  provide for possibility for  a  citizen  of                    
Lithuania to be at the same time a citizen of another state.                    
This provision was also established in Provisional Basic Law                    
in Part 2, Article 13 of which it was promulgated: ÷As rule,                    
a  citizen  of Lithuania may not be currently a  citizen  of                    
another state’. The above mentioned constitutional provision                    
was  later specified by the Supreme Council  of the Republic                    
of Lithuania resolution ÷On the procedure for application of                    
Articles 7 and 35 of the Law of the republic of Lithuania on                    
Citizenship’,  passed on 9 June 1990. In said resolution  it                    
was interpreted: ÷A citizen of the Republic of Lithuania may                    
possess the citizenship of another state only in cases when,                    
by  way  of  exception,  he is granted  citizenship  of  the                    
Republic of Lithuanian accordance with Article 7 of the  Law                    
of the Republic of Lithuania on Citizenship’.                                   
      Double  citizenship  has become more  restricted  upon                    
adoption  of 16 April 1991 Law " On amending Article  18  of                    
the Republic of Lithuania Law on Citizenship", by which said                    
Article  establishing the cases of the loss  of  citizenship                    
was appended by item 4 providing for the loss of citizenship                    
on  the following basis: "upon acquisition of citizenship of                    
another  state". True, the provisions concerning restriction                    
of  double  citizenship  in Lithuania  were  later  adjusted                    
(amended)  providing for additional ways  of  exception  for                    
this  prohibition.  It  concerned, however  persons  of  one                    
category  -  persons who were citizens of  the  republic  of                    
Lithuania  prior  to  June 15 1940, and  their  descendants.                    
Thus,  there is no legal ground for maintaining  that,  with                    
the exception of said prescribed by law cases, other persons                    
acquiring  citizenship  of  the Republic  of  Lithuania  may                    
currently be citizens of other states.                                          
      In  Article  1  of  the Republic of Lithuania  Law  on                    
Citizenship, adopted 1989, it established that the following                    
persons shall be citizens of Lithuania:                                         
      (1)  Persons  who  were citizens of  the  Republic  of                    
Lithuania,  children and grandchildren of such  persons,  as                    
well  as other persons who were permanent residents  on  the                    
current  territory of the Lithuanian SSR prior  to  15  July                    
1940,  and their children and grandchildren who now  are  or                    
have  been  permanent  residents on  the  territory  of  the                    
Lithuanian SSR;                                                                 
      (2) Persons who have a permanent place of residence in                    
the Lithuanian SSR, provided they were born on the territory                    
of the Lithuanian SSR, or have provided that at least one of                    
their  parents  or grandparents was born on said  territory,                    
and provided that they are not citizens of another state;                       
      (3) Other persons who, up to and including the date of                    
entry  into force of this Law, have been permanent residents                    
on  the  territory of the Republic and have here a permanent                    
place  of  employment or another constant  legal  source  of                    
support;  such persons shall freely choose their citizenship                    
during two years following the entry into force of this Law;                    
and                                                                             
      (4)  Persons  who  have acquired  citizenship  of  the                    
Lithuanian SSR under this law".                                                 
      It  is  obvious  that completely different  groups  of                    
persons  ,  which  have  had  specific  relations  with  the                    
Republic of Lithuania, are specified in every item  of  said                    
Article,  therefore, not only general requirements for  them                    
have  been established by law, but also different procedures                    
for  granting citizenship for separate groups of persons  or                    
additional conditions necessary to acquire citizenship.                         
      General requirements and conditions for persons of all                    
groups  were as follows: at first they were considered  only                    
as  potential citizens as they were guaranteed the right  to                    
freely  decide  on  their citizenship; the prerequisite  for                    
becoming  citizens of Lithuania was permanent  residence  on                    
the territory of Lithuania;  having accepted citizenship  of                    
Lithuania they all had to take the pledge of loyalty to  the                    
Republic of Lithuania.                                                          
      Citizens specified in paragraphs 1 and 2 of Article  1                    
of  the  Law on Citizenship ex officio (by virtue  of  their                    
previous  right)  have become citizens of  the  Republic  of                    
Lithuania  -  they had only to provide evidence for  (about)                    
appropriate  circumstances and to apply for the issuance  of                    
citizens'  documents. Their right to decide  on  citizenship                    
actually   meant  the  right  to  renounce  citizenship   of                    
Lithuania.  In  this respect, the status of the  persons  of                    
other groups was completely different. Persons mentioned  in                    
paragraph  4 of said Article could acquire citizenship  only                    
in accordance with other Articles of the Law on Citizenship:                    
Article  7  (granting  citizenship  by  way  of  exception),                    
Article  15  (granting citizenship by naturalisation),  etc.                    
Conditions  and  procedure  for  granting  citizenship   for                    
persons  specified  in  paragraph 3,  Article  1  were  also                    
different.   These  persons  were  different  from   persons                    
specified  in items 1 and 2, Article 1 as earlier  they  had                    
never had firm permanent legal relations with Lithuania.  As                    
matter  of fact, they were immigrants (settlers),  who  have                    
come  from  places that are beyond the borders of Lithuania.                    
As  a  rule, they had citizenship of the Soviet Union. After                    
restoration  of independent state of Lithuania  they  became                    
here  foreigners.  In  other states,  citizenship  for  such                    
persons   is   generally  granted  by   naturalisation.   In                    
Lithuania,  citizenship for them was  granted  in  a  rather                    
simplified  procedure.  It  was required  from  them  to  be                    
permanent residents on the territory of Lithuania  and  have                    
here  a  permanent  place of employment or another  constant                    
legal  source of support. They had the right within 2  years                    
following  the  enforcement of the  Law  on  Citizenship  to                    
freely  decide  on citizenship , i. e. could  either  retain                    
citizenship  of  the  Soviet Union  or  become  citizens  of                    
Lithuania.  This case may be interpreted as  acquisition  of                    
citizenship   by   voicing  one's  option,   because,   upon                    
restoration of independent state and end of occupation, part                    
of  residents,  who had not have firm legal  relations  with                    
former  state  of Lithuania, were entitled to the  right  to                    
choose citizenship.                                                             
      Voicing one's option as a way of acquiring citizenship                    
is  usually provided for by bilateral international treaties                    
with the Republic of Lithuania. This opportunity of choosing                    
one's  citizenship (i. e. by voicing one's option, in  fact)                    
which  had  been unilaterally promulgated by Lithuania,  was                    
later  recognised  by Russia as Soviet Union  successor.  On                    
international level this principle of option was actually de                    
jure  registered (included) in the treaty between  Lithuania                    
and  Russia  "On  the  basis of state relations"  which  was                    
signed on 29 July 1991 in Moscow.                                               
      In  accordance with the Republic of Lithuania  Law  on                    
Citizenship,  adopted 1989, the prerequisite  for  acquiring                    
citizenship for persons who were born beyond the borders  of                    
the  Republic  of Lithuania (with exception of those  cases,                    
when at least one of his or her parents or grandparents  was                    
born  on the territory of Lithuania) was permanent residence                    
on  the  territory  of Lithuania and a  permanent  place  of                    
employment  or another constant legal source of  support  in                    
Lithuania.  Only those persons in conformity with  paragraph                    
3, Article 1 of the Law on Citizenship, were entitled to the                    
right  to  freely  decide  on  citizenship  within  2  years                    
following the enforcement of the Law, i. e. until 4 November                    
1991.                                                                           
       Conditions  prescribed  by  said  Law  had   relevant                    
significance in resolving issues on citizenship.  They  have                    
priority with regard to person's decision on citizenship  of                    
Lithuania, i. e. only a person who meets these conditions is                    
entitled to the right to decide on citizenship of Lithuania.                    
And,  on  the contrary, - when a person fails to meet  above                    
mentioned conditions for acquiring citizenship, his wish  to                    
become  a  citizen  of the Republic of Lithuania  shall  not                    
bring  legal consequences, and if on this ground thereof  he                    
or  she  has  been  issued  a Citizen  of  the  Republic  of                    
Lithuania  Certification Card or a Certification  testifying                    
to  the  [Person's] Decision to Acquire Citizenship  of  the                    
Republic of Lithuania, they must be recognised invalid.                         
       Therefore,  the  interpretation  of  above  mentioned                    
concepts "permanent residence on the territory of Lithuania"                    
and "permanent place of employment constant legal source  of                    
support"  acquires  special importance. In  the  Law,  these                    
concepts  were  not fully defined, thus their interpretation                    
was  formed  while practically applying norms  of  the  law,                    
their  contents was certainly specified (particularised)  in                    
resolutions  of  the  Supreme Council.  Said  concepts  were                    
clearly  enough  defined in item 3 of  the  Supreme  Council                    
resolution  "On the procedure for implementing the  Republic                    
of  Lithuania Law on Citizenship" adopted 10 December  1991,                    
which  specified  that  "a person  shall  be  considered  as                    
permanently residing in Lithuania if he or she:                                 
      -  has  been  registered in the register of  permanent                    
residents of the Republic of Lithuania;                                         
      - and has acquired living quarters in Lithuania by the                    
right  to ownership or leased same for an indefinite period,                    
or is the owner's or tenant's family member;                                    
      -  and  is  employed  in  Lithuania  under  employment                    
contract  or  has another paid occupation in  Lithuania,  is                    
somebody's dependant or is paid a pension legally due to him                    
or her in Lithuania;                                                            
      -  and pays on the territory of Lithuania income  tax,                    
and  other  taxes  established by laws of  the  Republic  of                    
Lithuania,  or is exempt therefrom in the manner established                    
by law."                                                                        
       There   is   no  much  doubt  expressed   about   the                    
interpretation  of  these concepts  (the  interpretation  of                    
these  concepts is not is not questioned a lot), only it  is                    
maintained  that such resolution and provisions thereof  are                    
applicable  solely  to  the new Law on  Citizenship  (1991).                    
Thus,  it  is  stated,  that  in order  to  prove  permanent                    
residence  on the territory of Lithuania under 1989  Law  on                    
Citizenship,  it  should be necessary  to  refer  to  former                    
registration  of  residents. This is  a  doubtful  statement                    
because previous temporary as well as permanent registration                    
of  residents was, in essence, administrative measure  which                    
restricted one of the fundamental human rights -  the  right                    
to  freely move on the territory of the state and to  freely                    
choose  one's place of residence. It should also  be  noted,                    
that  such  procedure  for  registration  was  obviously  of                    
discriminative  nature as restrictions of registration  were                    
not  applied  to  servicemen of occupation  army  and  other                    
officials of occupation regime (they enjoyed exceptions  and                    
privileges). It is also important, that servicemen could not                    
freely  choose place of their residence themselves  as  they                    
were  stationed and periodically dislocated under the orders                    
of high military authority.                                                     
      The  issue concerning the status of Soviet army troops                    
stationed on the territory of Lithuania arose in the process                    
of preparation for 1990 elections to the Supreme Council and                    
local councils. At the beginning, the Supreme Council by its                    
29  September  1989  and  7 December  1989  resolutions  has                    
elucidated  that  servicemen of  Soviet  army  troops  shall                    
participate  in elections general (i. e. former  occupation)                    
procedure: separate election Committees shall be formed  and                    
lists  of voters shall be established in submits, candidates                    
to  the posts of deputies shall be nominated in the meetings                    
of  soldiers.  Later,  however, when on  the  initiative  of                    
citizens  of  Lithuania, referendum on the  possibility  for                    
Soviet  servicemen  to participate in elections  was  called                    
forth,  the  Supreme Council by 15 January  1990  resolution                    
recognised  said  elucidation's  null  and  void   and   has                    
established that only those servicemen who under  Article  1                    
of the Law on Citizenship may be citizens of Lithuania shall                    
participate  in  elections.  Thus,  already  prior  to   the                    
restoration  of independent state of Lithuania it  had  been                    
established  that  servicemen of occupation  army  were  not                    
entitled  to the right to participate in elections organised                    
in Lithuania, with exception of those persons who under 1989                    
Law   on   Citizenship  could  be  recognised  citizens   of                    
Lithuania.  These  were  the  persons  who  were  recognised                    
citizens  of  Republic  of  Lithuania  in  accordance   with                    
paragraphs 1 and 2, Article 1 of Law on Citizenship, as well                    
as  other persons who in established judicial procedure  had                    
already become citizens of the Republic of Lithuania.                           
      Lithuania's standpoint (point of view) to armed forces                    
of  the  Soviet  Union  stationed on  its  territory  as  to                    
occupation  army  was officially expressed (stated)  in  the                    
Supreme Council 7 February 1990 resolution "On 1939 treaties                    
between  Germany and the USSR and elimination  (liquidation)                    
of  their consequences to Lithuania", the Supreme Council 19                    
March 1990 declaration "On the status of Soviet armed forces                    
in  Lithuania"  as  well as in many other documents  of  the                    
Supreme Council. The activities of KGB, internal troops  and                    
other repressive structures of the Soviet Union operating in                    
Lithuania  were  appropriately (accordingly)  evaluated.  It                    
should  be  noted,  that  the fact of  1940  annexation  and                    
occupation of Lithuania was recognised by many states of the                    
world. The same recognition was expressed in the preamble to                    
the  treaty  between Lithuania and Russia "On the  basis  of                    
interstate of relations" which was signed on 29 July 1991 in                    
Moscow.                                                                         
      Therefore,  the provisions of the Supreme  Council  10                    
December  1991 resolution "On the procedure for implementing                    
the  Republic  of Lithuania Law on Citizenship are  actually                    
based  on  the same interpretation of illegal stationing  of                    
occupation  army on the territory of another state  together                    
with  (along  with) other legal consequences  therefrom.  It                    
should  be  noted, that former (previous)  item  5  of  said                    
resolution  could  be applied only to former  servicemen  of                    
occupation army of foreign state as well as persons who  had                    
served  in  repressive  structures  of  foreign  state.  The                    
statement  that  "persons  serving  in  the  armed   forces,                    
internal  troops and state security structures, as  well  as                    
other  law  enforcement  and repressive  structures  of  the                    
Soviet  Union  which  have  been  unlawfully  stationed  and                    
operating  in  Lithuania since 15  June  1940,  may  not  be                    
considered   as   permanently  residing   or   employed   in                    
Lithuania",   was   logically  related  to   said   official                    
declarations  (statements) of the  Seimas  of  Lithuania  on                    
(pertaining to) the location residing of occupation army  in                    
Lithuania and may not be evaluated as new interpretation  of                    
the  provisions of 1989 Law in Citizenship. The  explanation                    
that  evaluation  of occupation army can be  different  with                    
regard  to  time, may not be admitted either. It is  obvious                    
that irrespective of time:                                                      
      1)  neither occupation army (along with soldiers)  nor                    
repressive  structures  (along  with  officers)  of  foreign                    
state,  which resided in Lithuania without free-will consent                    
of    Lithuania's   authorities,   could   be    interpreted                    
(considered) as lawfully residing;                                              
      2) service in occupation army or repressive structures                    
of  foreign state could not be considered as legal permanent                    
employment on the territory of Lithuania;                                       
      3)  Unlawful,  i.  e.  without  free-will  consent  of                    
official  authorities of the Republic of Lithuania, residing                    
on  the territory of Lithuania irrespective of its duration,                    
could not be considered as lawful permanent on the territory                    
of Lithuania.                                                                   
      Reservations  should also be made  about  explanations                    
that laws of the Republic of Lithuania allowed servicemen of                    
the Soviet Union to be citizens of the Republic of Lithuania                    
and  that the latter were permitted to stay in said services                    
until  1  March  1992.  In  this  case,  different  ways  of                    
acquiring  citizenship are mixed, thus, providing conditions                    
for  evading prohibitions for soldiers of occupation  troops                    
to become citizens of Lithuania. In cases when in legal acts                    
mention is made of citizens of the Republic of Lithuania who                    
serve  in  army  troops of the Soviet  Union,  it  is  meant                    
persons  who acquired citizenship under paragraph  1  or  2,                    
Article  1  of  1989  Law on Citizenship.  They  could  find                    
themselves   in  occupation  army  for  different   reasons,                    
however,  the  citizenship  of Lithuania  they  acquired  is                    
lawful   because  they  are  either  descendants  of  former                    
citizens  of Lithuania or they themselves (or their parents,                    
grandparents)  were  born  in  Lithuania.  Namely  for  such                    
persons, i. e. lawful citizens of Lithuania, item 4  of  the                    
Supreme   Council  10  December  1991  resolution  "On   the                    
procedure for the implementing the Republic of Lithuania Law                    
on  Citizenship"  was meant, which set the  terms  (until  1                    
March  1992)  for  the  termination of military  or  another                    
service in institutions of foreign state.                                       
      The  above mentioned as well as other persons who  had                    
lawfully  acquired citizenship of the Republic of  Lithuania                    
were  considered as having lost citizenship  of  the  Soviet                    
Union.  With  regard  to said persons,  citizenship  of  the                    
Soviet Union was declared null and void. Such decision meant                    
that  consequences of occupation and annexation with  regard                    
to  citizens  of Lithuania who had been enforced citizenship                    
of   the  Soviet  Union  against  their  will,  were   being                    
eliminated  (overcome). It goes without  saying,  that  such                    
decision on the part of the state could be adopted only with                    
regard  to  its citizens, and the state, by no means,  could                    
resolve issues concerning citizenship of another state.                         
      In  accordance  with laws of the  Soviet  Union,  only                    
citizens  of the Soviet Union, only citizens of  the  Soviet                    
Union  were  allowed to serve in the armed  forces  of  that                    
state.  Therefore, in cases when servicemen  of  the  Soviet                    
Union upon issuance of Citizens of the Republic of Lithuania                    
certification  Card  or  Certification  Testifying  to   the                    
[Persons']  Decision  to  Acquire  Citizenship  Republic  of                    
Lithuania   (with   exception  of  persons   stipulated   in                    
paragraphs 1 and 2, Article 1 of 1989 Law of the Republic of                    
Lithuania on Citizenship), continued their military service,                    
laws  were  violated  twice: 1)they  unlawfully  acquired  a                    
Citizen of the Republic of Lithuania Certification Card,  as                    
said servicemen could not become citizens of the Republic of                    
Lithuania  under  paragraph 3,  Article  1  of  the  Law  on                    
Citizenship; 2) they unlawfully acquired double citizenship,                    
as  laws  of  the Republic of Lithuania do not  provide  for                    
double citizenship for this category of persons.                                
      Provisions of item 5 of the Republic of Lithuania  Law                    
on  Citizenship", 10 December 1991, are in  compliance  with                    
the  main principles of international law. In Article 49  of                    
12  August 1949 Geneva Convention on Protection of Civilians                    
During  War  it  is promulgated (declared):  "The  occupying                    
country  may  not  deport or dislocate  part  of  its  civil                    
residents   to   the   territory  it  occupies".   If   such                    
restrictions  are  imposed with regard  to  civil  residents                    
(civilians),  it  is inappropriate even to  talk  about  the                    
right  of  servicemen of occupation army  and  officials  of                    
other  repressive structures to citizenship of the  occupied                    
state.                                                                          
       The   representative  of  the  party  concerned   has                    
maintained  that  the  item  5 of  the  Supreme  Council  10                    
December  1991 resolution "On the procedure for implementing                    
the  Republic of Lithuania Law on Citizenship"  may  not  be                    
applied  to  1989 Law on Citizenship which is no  longer  in                    
force,  Nevertheless, it is requested to recognize as lawful                    
amendment  to  said  resolution by which  item  5  has  been                    
appended  by a new second part, considering that it  may  be                    
applied  retroactively, i. e. applied to legal  consequences                    
ensuing  from the law which is no longer in effect, striving                    
for the revision (with the purpose to revise them).                             
      The  first  and second parts of item 5 of  the  Seimas                    
resolution  "On  the  Supreme Council  of  the  Republic  of                    
Lithuania  resolution   "On the procedure  for  implementing                    
the  Republic  of Lithuania Law on Citizenship""  contradict                    
each  other  and even deny each other. Furthermore,  in  the                    
second   part  attempts  are  made  to  legalise   documents                    
conforming   citizenship  of  Lithuania  which   have   been                    
unlawfully  obtained  by  some servicemen,  thus  this  part                    
contradicts  the  provisions of 1989 Law on Citizenship.  In                    
this  case, by said resolution provisions of the  law  which                    
has  already  been realised and is no longer in  effect  are                    
revised,  and attempts are made to achieve the result  which                    
was not stipulated either in 1989 law on Citizenship nor  in                    
1991  Law  on Citizenship which is now in force.  Therefore,                    
the   resolution  in  dispute  according  to  its   contents                    
contradicts the Republic of Lithuania Laws on Citizenship as                    
well  as  Article 28 of the Constitution of the Republic  of                    
Lithuania,  and according to its form - Article  12  of  the                    
Constitution of the Republic of Lithuania.                                      
      Conforming to Article 102 of the Constitution  of  the                    
Republic of Lithuania as well as Articles 53, 54, 55 and  56                    
of  the  Law on the Constitutional Court of the Republic  of                    
Lithuania,  the  Constitutional Court  of  the  Republic  of                    
Lithuania has passed the following                                              
                          ruling :                                              
      To  recognize  that  the Seimas  of  the  Republic  of                    
Lithuania  resolution "On amending  item 5  of  the  Supreme                    
Council  of  the  Republic of Lithuania resolution  "On  the                    
procedure for implementing the Republic of Lithuania Law  on                    
Citizenship"",  adopted 22 December 1993, according  to  its                    
contents  contradicts  the Republic  of  Lithuania  Laws  on                    
Citizenship  as  well as Article 28 of the Constitution   of                    
the  Republic of Lithuania, and according its form - Article                    
12 of the Constitution of the Republic of Lithuania.                            
      This  Constitutional Court  ruling is  final  and  not                    
subject to appeal.                                                              
      The ruling is promulgated on behalf of the Republic of                    
Lithuania.                                                                      
                                                                                
     Justices of the Constitutional Court:                                      
Algirdas GailiŻnas            Kśstutis Lapinskas                                
                                                                                
Zigmas Levickis               Vladas Pavilonis                                  
                                                                                
Pranas Vytautas RasimaviŤius  Stasys StaŤiokas                                  
                                                                                
Teodora StaugaitienŽ          Juozas řilys