THE CONSTITUTIONAL COURT OF                                    
                  THE REPUBLIC OF LITHUANIA                                     
                                                                                
                                                                                
                          DECISION                                              
                                                                                
                                                                                
On the dismissal of initiated legal proceedings of Case No 8                    
"On the request of Vilnius 2nd District Court to investigate                    
                        if Article 81                                           
   of the Law of the Republic of Lithuania on Operational                       
                      Activities is in                                          
     compliance with the Constitution of the Republic of                        
                         Lithuania"                                             
                                                                                
                  21 December 1993, 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,                         
      representative  of  the  party  concerned  -  Egidijus                    
Bičkauskas, deputy Chairman of the Seimas,                                      
                                                                                
      in  court sitting conducted the investigation  of  the                    
request  of  the  representative of the party  concerned  to                    
dismiss  the initiated legal proceedings of Case  No  8  "On                    
the request of Vilnius 2nd District Court to investigate  if                    
Article  81  of  the  Law of the Republic  of  Lithuania  on                    
Operational  Activities in compliance with the  Constitution                    
of the Republic of Lithuania".                                                  
                                                                                
          The Constitutional Court                                              
                         established:                                           
      The petitioner - a judge of Vilnius 2nd District Court                    
while  investigating on 24 August 1993 civil case No 24-1765                    
concerning   illegal actions of officials restricting  civil                    
rights,  faced doubts whether Article 81 of the Law  of  the                    
Republic    of    Lithuania   on   Operational    Activities                    
(Parliamentary Record, No 30-679, 1993), which provides  for                    
preventive detention of persons, is in compliance  with  the                    
Constitution of the Republic of Lithuania. The judge by  his                    
ruling   suspended  the  investigation  of  said  case   and                    
addressed  the  Constitutional Court  with  the  request  to                    
examine   the  conformity  of  Article  81  of  the  Law  on                    
Operational  Activities  with Articles  20  and  31  of  the                    
Constitution of the Republic of Lithuania.                                      
      On  15  December 1993, the Seimas adopted the Law  "On                    
Appending the Code of Criminal Procedure of the Republic  of                    
Lithuania" (Parliamentary Record, No 70-1310, 1993), in  the                    
second  Article  of which it is established  that  upon  the                    
enforcement of said law, the Provisional Law of the Republic                    
of  Lithuania  "On  Appending the Law  of  the  Republic  of                    
Lithuania on Operational Activities shall become   null  and                    
void.  Taking the fact that the act in dispute ceased to  be                    
force  into  consideration, the Constitutional  Court  holds                    
that  there  is a ground for the dismissal of the  initiated                    
legal proceedings of the case.                                                  
      Conforming to the fourth part of Article 69 of the Law                    
of   the  Republic of Lithuania on the Constitutional Court,                    
the  Constitutional Court of the Republic of  Lithuania  has                    
taken                      the                     following                    
decision:                                                                       
     To dismiss the initiated legal proceedings of the 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