REPUBLIC OF LITHUANIA                                          
                              LAW                                               
                               ON                                               
                      THE SEIMAS OMBUDSMEN                                      
                                                                                
     Article 1.  The Seimas Ombudsmen shall investigate citizens'               
complaints concerning  abuse of  official position or bureaucracy               
of state and local government officials.                                        
     The  Ombudsmen   shall  investigate   citizens'   complaints               
concerning abuse  of official  position  or  bureaucracy  of  the               
following officials:  employees  of  the  institutions  of  State               
government and  administration,  employees  of  local  government               
Councils and  their departments,  or the authorized persons whose               
duties embrace  the performance  of organizational, managerial or               
administrative functions.                                                       
     The  jurisdiction  of  the  Ombudsmen  shall  not  encompass               
investigation of the activities of the President of the Republic,               
the members  of the  Seimas, the  judges  of  the  Constitutional               
Court, the Supreme Court and other courts, the procedural actions               
of prosecutors, investigators or interrogators, the activities of               
the Prime Minister, the State Controller and the Government (as a               
collective institution),  or local  government Councils and their               
Boards (as collective institutions).                                            
     Article 2. Citizens of the Republic of Lithuania who have an               
impeccable reputation, who are trained in law and who have served               
in the  legal  profession  or  who  have  been  employed  in  the               
institutions of  State government and administration for at least               
5 years shall be eligible for appointment as Ombudsmen.                         
     Article 3.   The  Ombudsmen shall be appointed by the Seimas               
for the  term of  4 years  from the  candidates nominated  by the               
Speaker of the Seimas.                                                          
     If an  Ombudsman dies  or is removed from office for reasons               
specified in  Article 4  of this  Law, the Seimas shall appoint a               
new Ombudsman for the remaining period of office.                               
     The number  of terms of office of the Ombudsmen shall not be               
limited.                                                                        
     Article 4.  An Ombudsman  may be  removed from office before               
the expiration  of his  term of office if more than a half of the               
Seimas members express non-confidence in him.                                   
     An Ombudsman  shall also  be  removed  from  office  in  the               
following cases:                                                                
     1) on personal request;                                                    
     2) upon reaching the pensionable age established pursuant to               
the Law on Pensions;                                                            
     3) upon  the expiration  of his term of office, if he is not               
reappointed;                                                                    
     4) if  he is  elected to  another office  or transferred  to               
another job with his consent;                                                   
     5) if  the Ombudsman  is incapable  of fulfilling his duties               
for reasons  of health,  i.e. if  in the course of one year he is               
ill for more than 4 months; and                                                 
     6) if a court sentence concerning him becomes effective.                   
     In the  cases prescribed  in Par.  2  hereof,  the  decision               
concerning the  removal of  an Ombudsman  from  office  shall  be               
adopted by the Seimas by simple majority vote.                                  
     Article 5. The Seimas shall appoint 5 Ombudsmen: 2 Ombudsmen               
for  the   investigation  of   activities  of  state  institution               
officials, 1  Ombudsman for  the investigation  of activities  of               
military institution  officials  and  officials  of  institutions               
having the  status of  military institutions, and 2 Ombudsmen for               
the investigation  of activities of officials of local government               
institutions.                                                                   
     When nominating  candidates for the office of Ombudsmen, the               
Seimas  Speaker   shall  specify   the   institutions   for   the               
investigation of activities whereof they are appointed.                         
     Article 6.  All the Seimas Ombudsmen shall have equal rights               
and duties,  and  each  of  them  shall  function  independently.               
Together with  the  ancillary  personnel,  they  shall  form  the               
Ombudsmen's Office, which shall be a legal person. Its structure,               
staffing, and financing shall be approved by the Seimas.                        
     The Seimas Speaker shall appoint the head of the Ombudsmen's               
Office who,  alongside with  the direct  duties of the Ombudsman,               
shall also  perform necessary  administrative functions:  on  the               
recommendation of  the Ombudsmen, he shall employ or dismiss from               
office deputies  of the  Ombudsmen, shall employ or dismiss other               
employees  of   the  Office,  shall  monitor  their  work,  shall               
represent the  Office, and  shall  organize  the  preparation  of               
annual reports.                                                                 
     In the  absence of  the Ombudsman  who is  the head  of  the               
Office, the eldest Ombudsman shall substitute for him.                          
     The internal  regulations of  the  Ombudsmen's  Office,  the               
issues concerning  the activities  of the  Ombudsmen as  well  as               
other issues shall be regulated by the Statute of the Ombudsmen's               
Office approved by the Seimas.                                                  
     Article 7.  If an  Ombudsman is  incapable of performing his               
duties by  reason of illness, departure abroad, or other reasons,               
the head  of the Office shall empower another Ombudsman to act in               
his place.                                                                      
     If an  Ombudsman is incapable of impartially investigating a               
certain complaint  because of  relationship by blood or affinity,               
or for any other valid reasons, the head of the Ombudsmen' Office               
shall charge  another Ombudsman  to investigate the complaint. In               
the  event   that  the   head  of  the  Office  is  incapable  of               
investigating a  certain complaint  due to  the above reasons, he               
must refer it over to another Ombudsman for investigation.                      
     Article 8.  The Ombudsmen may not hold any other elective or               
appointive office,  nor may  they be  employed  in  other  trade,               
commerce or  any other government, public or private institutions               
or firms,  or receive  any other  remuneration except  the salary               
established  according  to  their  office  and  remuneration  for               
creative activities.                                                            
     Article 9.  The Ombudsmen  shall be  paid a  salary which is               
equal to  that of  the Supreme  Court judges.  The  head  of  the               
Ombudsmen's Office  shall be  paid a  salary which  is 10 percent               
more than the salary of the Ombudsmen.                                          
     Article 10.  When discharging their functions, the Ombudsmen               
shall act in pursuance of the Constitution and laws, and shall be               
independent of  Seimas members,  other institutions,  officers or               
persons.                                                                        
     Article 11.  If an  Ombudsman detects other violations which               
are  not   specified  in   the  citizens,  complaints,  he  shall               
investigate  them   on  his  own  initiative  provided  that  the               
appropriate issues  are within  his competence, or he shall refer               
them  over   for   investigation   to   other   competent   state               
institutions.                                                                   
     Article 12.  Abuse of  an official  position  shall  be  the               
actions or  lack of  action of  an official  whereby the official               
position is  used not  in the interests of the office, or is used               
contrary to  laws or other legal acts, or in pursuit of mercenary               
ends (unlawful  appropriation or  conveyance to  other persons of               
property, finances, etc. which do not belong to him, etc.), or in               
pursuit  of  other  personal  goals  (revenge,  jealousy,  career               
advance or  provision of  illegal services, etc.), as well as the               
actions of  the official  whereby he  exceeds his  powers, or his               
arbitrary actions.                                                              
     Article 13.  Bureaucracy shall  be the  actions of officials               
when,   rather   than   settling   matters   in   essence,   they               
systematically  maintain   unnecessary  or  made-up  formalities,               
groundlessly refuse  to settle  issues  which  are  within  their               
jurisdiction, or  delay adopting  decisions or  fulfilling  their               
duties. The  style of  work of officials characterized by failure               
to perform  the duties established by laws or other legal acts as               
well as  unsatisfactory performance  of such duties shall also be               
considered bureaucracy.                                                         
     Article 14.  Every citizen  shall have  the  right  to  file               
complaints  with  the  Ombudsman  concerning  abuse  of  official               
position or bureaucracy of officials of state or local government               
institutions which are assigned to the Ombudsman's competence.                  
     The Ombudsmen  shall also  investigate citizens'  complaints               
referred to  them by Seimas members, provided that the complaints               
correspond to the requirements set forth in this Law.                           
     The Ombudsmen  shall not investigate complaints arising from               
legal  relations   of  employment   and  other   complaints   the               
investigation whereof is assigned to the competence of courts.                  
     Article 15.  Complaints must  be submitted  within 3  months               
after the action in question was committed.                                     
     Complaints filed  after the expiration of the time limit, as               
well as  anonymous complaints,  shall not  be investigated unless               
the Ombudsman decides otherwise.                                                
     Article 16. The complaint must indicate:                                   
     1) the addressee - the Ombudsman;                                          
     2) the complainant's name, surname and address;                            
     3) the  name, surname and official position of the officials               
against whom the complaint is brought, as well as the name of the               
institution where they are employed;                                            
     4) the  name of  the decision against which the complaint is               
brought and the date of the adoption thereof, or a description of               
the actions complained against, and the time and circumstances of               
their commission;                                                               
     5) the complainant's position;                                             
     6)  a   distinctly  phrased  application  addressed  to  the               
Ombudsman;                                                                      
     7) a list of the documents attached to the complaint; and                  
     8)  the   date  of   the  complaint  and  the  complainant's               
signature.                                                                      
     Attached to the complaint may be:                                          
     1) a copy of the contested decision;                                       
     2) available evidence or description thereof; and                          
     3) a list of the persons to be questioned as proposed by the               
complainant, specifying their address and the circumstances which               
may be confirmed by each of them.                                               
     Article 17.  The Ombudsman  shall refuse  to investigate the               
complaint and return it to the complainant no later than within 7               
days if:                                                                        
     1) he  makes a conclusion that the matter complained against               
is insignificant;                                                               
     2) the complaint is brought after the expiration of the time               
limit for complaints established in Article 15 of this Law;                     
     3) the  circumstances referred  to in  the complaint are not               
within the Ombudsmen's competence;                                              
     4) an  analogous complaint has been investigated or is being               
investigated in court; and                                                      
     5)  a  criminal  action  has  been  brought  or  preliminary               
investigation  is   in  progress   on  the  case  concerning  the               
complaint.                                                                      
     If the complaint is returned to the complainant, grounds for               
refusal to  investigate the  complaint must  be specified. In the               
cases when  the complaint  is not  within the  competence of  the               
Ombudsmen, the  refusal to  investigate it  must also specify the               
institution which the complainant might address on the matter.                  
     A complaint  filed repeatedly  after investigation shall not               
be investigated unless the Ombudsman decides otherwise.                         
     Article 18.  When investigating  a complaint,  the Ombudsman               
must ascertain:                                                                 
     1) whether  the decisions  referred to in the complaint have               
been adopted  and whether  there have  been grounds for complaint               
(actions or failure to act, or instances of conduct);                           
     2)  on   what  grounds  and  under  what  circumstances  the               
abovementioned was committed;                                                   
     3) whether  the decisions  or actions  referred  to  in  the               
complaint contradict  laws and  other legal  acts, and whether in               
the activity  of the  official there  are instances  of abuse  of               
official position or bureaucracy;                                               
     4) what officials committed the violations, for what reasons               
(or in  pursuit of  what goals),  and what  is the culpability of               
concrete officials  and  how  the  officials  who  committed  the               
violation account for their actions; and                                        
     5) what facts or evidence confirm the committed violation.                 
     All circumstances  clarified and  evidence collected  in the               
course of  investigation as  well as  the legal evaluation of the               
investigated activities shall be set forth in the statement which               
in all cases shall be signed by the Ombudsman.                                  
     If the  accusations  brought  out  in  the  complaint  prove               
groundless, notification  of this shall be given in the statement               
which shall  also contain  the description  of the  circumstances               
which have  been established  and  the  characterization  of  the               
investigatory actions which have been carried out.                              
     The statement shall be delivered to the complainant.                       
     Article 19.  At the  Ombudsman's request, officials of state               
and  local   government  institutions  must  immediately  present               
information, documents  and material  which are necessary for the               
Ombudsman to carry out his functions.                                           
     Article 20.  The Ombudsman shall investigate complaints both               
on his  own and  by commissioning  his assistants on the staff to               
carry out separate investigatory actions.                                       
     The Ombudsman shall have the right to enlist the services of               
police officers  if  he  or  his  assistants  are  hindered  from               
entering civil or military institutions which are investigated by               
them, or  if they  are refused  access to  required documents  or               
material. In said cases, police officers must seize the documents               
and material requested by the Ombudsman.                                        
     Article 21.  The Ombudsman  shall have  the right to request               
that the  officials  whose  activities  are  under  investigation               
present a  written explanation; he may also question the required               
persons. In  the event  that the Ombudsman is refused explanation               
or evidence, a report shall be drawn up thereon.                                
     Upon completion of the investigation, the head of the office               
wherein the  investigation was  conducted as well as the official               
whose actions  were investigated  and the  complainant  shall  be               
acquainted with the results.                                                    
     Article 22.  The Ombudsman  and the ancillary personnel must               
guard State, professional or other secrets which are protected by               
law and  which come  to their  knowledge in  the course  of their               
duties. The  same pledge  of secrecy  shall also  be incumbent on               
persons who  are not  employed in  the Ombudsmen's Office but who               
participated in the investigation of the complaint.                             
     Article 23. Upon completing an investigation, the Ombudsman                
shall adopt one of the following decisions:                                     
     1) to refer the material to investigative bodies if elements               
of crime are found;                                                             
     2) to  bring a  court action  recommending  that  the  court               
dismiss  from  office  officials  guilty  of  abuse  of  official               
position or  bureaucracy, with  the exception of officers who are               
appointed by the President or who are appointed or elected by the               
Seimas, and  to suggest  that moral and material damage which the               
person  suffered   by  reason  of  the  violations  committed  by               
officials be compensated;                                                       
     3) to recommend that the departmental collective institution               
or  head   of  the  institution  wherein  the  investigation  was               
conducted or a superior institution impose disciplinary penalties               
on the officials guilty of violation;                                           
     4) to  bring the  fact of  negligence in work, noncompliance               
with laws,  or violation of professional ethics or bureaucracy to               
the attention of the officials concerned;                                       
     5) to  reject the  complaint  if  the  violations  specified               
therein are not confirmed; or                                                   
     6) to  notify the Seimas of the Republic of Lithuania or the               
President  of   the  Republic  of  the  violations  committed  by               
Ministers or  other officials  accountable to  the Seimas  or the               
President (with  the exception  of officials enumerated in Par. 3               
of Article 1).                                                                  
     When adopting  decisions on  the  official's  abuse  of  his               
official position  or acts  of bureaucracy, the Ombudsman may not               
revise or revoke the official's decisions. Upon establishing that               
while adopting  the decision the officer abused his position, the               
Ombudsman must  apply measures  to revoke  the  decision  in  the               
manner established  by law.  The  Ombudsman's  recommendation  to               
revise the  unlawful decision of the official must be examined in               
the institution to which the official is accountable.                           
     The decision  of the  court to  remove from  office, on  the               
recommendation of  the Ombudsman,  officials guilty  of abuse  of               
official position  or bureaucracy  shall  be  obligatory  to  the               
employer  and   shall  constitute  grounds  for  terminating  the               
employment contract.                                                            
     Article  24.   Complaints  must   be  investigated  and  the               
complainant must be given a response no later than within 1 month               
of the  day of  receipt  of  the  complaint.  As  necessary,  the               
Ombudsman may  extend the  period of  investigation for up to one               
more month. He must notify the complainant thereof.                             
     Article 25.  Officials specified  in Par.2  of Article  1 of               
this  Law  may  address  the  Ombudsman  with  a  request  for  a               
conclusion on  whether or  not the  decisions  will  bring  about               
consequences  which  later  might  be  appealed  against  to  the               
Ombudsman. The Ombudsman may refuse to present such a conclusion.               
     Article 26.  If numerous  or flagrant  violations of law are               
established during  investigation, the  Ombudsman must notify the               
Seimas, the  Government, or  the corresponding  local  government               
Council thereof.                                                                
     Article  27.  If  during  the  investigation  the  Ombudsman               
becomes aware  of shortcomings,  contradictions or  loopholes  in               
statutory law  or other  legal acts,  he shall notify the Seimas,               
the Government,  or the  corresponding local  government  Council               
thereof.                                                                        
     Article 28.  Each year, the Ombudsman shall submit a written               
report on  his general  activities during  the previous  calendar               
year to  the Seimas  by 15  March; the report must be made public               
and considered  in the  Seimas. The  report  shall  also  contain               
generalized information  stating in  which  of  the  institutions               
specified in  Par.2 of  Article 1 of this Law the greatest number               
of violations  committed by  the officials  has been established,               
which statutory  laws or  other legal  acts  encourage  abuse  of               
official position,  and what  measures should  be applied so that               
the abuse of official position by officials would be diminished.                
     At the  same time, the information concerning the activities               
of the Ombudsmen's Office presented by the Committee on Human and               
Citizen's Rights  and Nationalities  Affairs as well as proposals               
how to  improve said activities shall be submitted and considered               
in the Seimas.                                                                  
                                                                                
     I promulgate  this Law adopted by the Seimas of the Republic               
of Lithuania.                                                                   
                                                                                
                                        ALGIRDAS BRAZAUSKAS                     
                                             President                          
                                             of the Republic                    
Vilnius                                                                         
11 January 1994                                                                 
No. I-363                                                                       
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