REPUBLIC OF LITHUANIA
LAW
ON
PUBLIC ORGANISATIONS
CHAPTER I
GENERAL PROVISIONS
Article 1. Objective of the Law
This law shall establish the basic principles of the
establishment, activity and cessation of activity of public
organisations.
The law shall not be applicable to political parties, trade
unions, religious associations and organisations, and those
associations or organisations, charitable organisations,
charitable and support foundations whose establishment and
activity procedure is established by other laws of the Republic
of Lithuania.
Article 2. Concept of Public Organisation
A public organisation shall be a voluntary association
(union, society, foundation, association etc.), formed in order
to satisfy and implement the common needs and goals of members
that shall not contradict the Constitution and laws of the
Republic of Lithuania.
Article 3. Basic Principles of Public Organisations
Public organisations shall act in accordance with the
Constitution of the Republic of Lithuania, this and other laws
and decrees of the Government of the Republic of Lithuania and
shall base their activities upon the public organisation bylaws,
registered according to the procedure established by this Law.
Public organisations shall be prohibited from establishing
themselves and engaging in activity, if their goal or manner of
action are aimed at overthrowing or changing the constitutional
order of the Republic of Lithuania or violating the integrity of
the territory of the Republic of Lithuania, propagating war and
violence, and authoritarian or totalitarian rule, inciting
racial, religious and social dissent, restricting human rights
and freedoms and also, performing actions that are contrary to
the laws of the Republic of Lithuania and universally recognised
norms of international law, acting in the interest of other
states, if these shall contradict the interests of the Lithuanian
state.
It shall be prohibited to establish public organisations
whose members are uniting on the basis of organisations that have
acted against the independence of the Republic of Lithuania and
the integrity of its territory.
Governing bodies and headquarters of the public
organisation must be located within the territory of the Republic
of Lithuania.
Record keeping of public organisations shall be conducted
according to the law.
Chapter II
ESTABLISHMENT AND ACTIVITY PRINCIPLES
OF PUBLIC ORGANISATIONS
Article 4. Establishment of Public Organisations
Citizens of the Republic of Lithuania who have reached
the age of 18, may become founders of public organisations.
Initiators of the establishment of a public organisation
shall call a constituent gathering , conference or meeting, in
the course of which laws shall be adopted and administrative
bodies shall be elected. Participants of the constituent meeting
shall be comprised of no fewer than 15 constituent members.
Lithuanian branches (structural subdivisions) of
international public organisations whose goals, manner of
activity and bylaws shall not contradict the Constitution of the
Republic of Lithuania or the principles of Par.2 and 3 of Article
3 of this Law. All the provisions of this Law shall apply to
registration and activity in Lithuania of Lithuanian
branches(structural subdivisions) of international public
organisation. A public organisation shall be considered
established from the date of registration of its bylaws.
Article 5. Establishment of Public Organisation
Structural Subdivisions
Public organisation bylaws shall establish the procedure
for establishing public organisations, including those which
possess the rights of a legal person.
A structural subdivision of public organisations shall be
considered established from the time when a decision to establish
a structural subdivision is adopted in accordance with the
procedure established by public organisation bylaws.
The administrative body designated in public organisation
bylaws shall inform in writing the state institution which had
registered the bylaws of this organisation and the executive
institution of the municipal authority upon whose territory is
located the headquarters of this structural subdivision,
regarding the establishment of such structural subdivision,
having a legal person's status, no later than within 15 days
after the establishment of the structural subdivision.
Article 6. Unions of Public Organisations
Public organisations have the right to unite into public
organisation unions.
The union of public organisations shall have the right to
establish two or more public organisations.
Public organisation unions shall be established and shall
act according to the procedure established by this Law.
In wishing to establish a public organisation union,
public organisations must, according to procedure established in
their bylaws, adopt a resolution to unite into a union and to
authorise an organisation governing body or its own member
(members) to participate in the constituent meeting, conference
or meeting of the public organisation union.
Article 7. Name and Symbols of Public Organisations
Name and symbols of newly-established public
organisations, and their unions must differ from previously-
registered political party and political organisation, other
public organisation and their union names and symbols.
Article 8. Members of Public Organisations or
Persons Participating in Activities of
these Organisations
A public organisation shall be comprised of its members
or other persons participating in its activity. Citizens of
Lithuania, 18 or above, may become members.
Members of public organisations whose activity supplies
the needs of children and youth, or persons participating in the
activity of these organisations, may also be under 18 years of
age.
Members of public organisations and persons participating
in the activity of these organisations shall have equal rights,
regardless of the size of the amount of entrance or member
(participant) fee they shall pay, or whether they shall provide
support.
Members of public organisations or persons participating
in the activities of these organisations, may leave the public
organisation at any time. In this eventuality, a public
organisation member or person participating in the public
organisation activity fees or funds otherwise paid into the
organisation, shall be nonrefundable.
A person (persons) designated in the bylaws and elected
according to the procedure established in the bylaws shall
represent the public organisation.
As designated in the bylaws of the public organisation,
its governing body or its chief must keep the list of
organisation members or individuals participating in the activity
of this organisation, which must be freely accessible to every
organisation member or individual participating in its activity.
This type of list must be submitted to the state institution
which had registered the public bylaws, when it investigates
whether the public organisation has violated the Constitution of
the Republic of Lithuania and this or other laws. The person
representing it, according to its bylaws, shall be responsible to
the public organisation for the implementation of this
regulation.
Article 9. Public Organisation Bylaws
Public organisation bylaws must include:
1) name, symbols and headquarters' address;
2) activity goals, tasks and activity territory;
3) procedure and conditions for acceptance, leaving and
removal of public organisation members or participants;
4) rights and obligations of members and participants;
5) procedure for establishment, reorganisation and
activity termination of structural subdivisions, relations
between governing bodies of structural subdivisions and public
organisations and their rights;
6) procedure and frequency of convocation of the highest
governing bodies (convention, conference, meeting), and their
competence;
7) procedure for electing other governing bodies and
their competence;
8) accountability of governing bodies and their heads to
the highest governing body of the public organisation and control
procedure for their activity;
9) fund and income sources and procedure for control of
fund and income use;
10) procedure for amendments and supplements of bylaws;
11) procedure for conclusion of activity and property
utilisation.
Other regulations of public organisation activity may
also be included in the bylaws, provided they shall not
contradict the Constitution of the Republic of Lithuania, this or
other laws.
In the event that, following adoption of new laws, the
public organisation bylaws, fail to conform with these laws, the
public organisation shall be obliged to co-ordinate its bylaws
with adopted laws, at the nearest meeting, conference and
congress of the authorised governing body. The public
organisation shall be guided by (shall apply) the norms of laws,
rather than bylaws, during the period the bylaws of the public
organisation shall remain uncoordinated with the newly-adopted
laws.
Article 10. Public Organisation Rights
In order to implement the goals and tasks included in the
bylaws of public organisations, the latter, according to the
procedure established by laws, shall have the right to:
1) disseminate information concerning their own activity
and propagate the goals and tasks of the organisation, without
written, verbal or other type of interference;
2) establish public information means and engage in
publishing;
3) organise: meetings, pickets, demonstrations,
processions, various marches and other peaceful and unarmed
meetings and mass events;
4) purchase or otherwise acquire necessary property, use
it, manage it and dispose of it;
5) engage individuals to carry on activities provided for
in the bylaws;
6) obtain funds or other property from international
public organisations, non state organisations, foundations, as
well as individuals;
7) establish (act as founder) of enterprises, which shall
be registered and functioning in accordance with laws of the
Republic of Lithuania;
8) establish foundations.
Public organisations may engage in other necessary
activity, as well, in order to implement, according to procedure
established by laws, the goals and tasks provided for in their
bylaws, except that which is prohibited by laws.
Article 11.Guarantees of Public Organisation
Activity
State institutions and officials, political parties and
political organisations and other organisations and individuals
shall be prohibited from interfering in public organisation
activity.
A state institution, which has registered a public
organisation, in resolving the question regarding warning a
public organisation, activity termination or cessation, if it has
violated the Constitution of the Republic of Lithuania, this and
other laws, does have the right to verify whether the public
organisation is observing this Law, and whether its activity does
not contradict the Constitution of the Republic of Lithuania,
this or other laws. The administrative body representing the
public organisation, or the individual representing the
organisation must, according to its bylaws, furnish the required
documents and explanations.
Article 12. Limitations of Public Organisation Activity
Public organisations shall be prohibited from:
1) fulfilment of state functions, state institution or
its officers' functions;
2) fulfilment of trade union functions;
3) arming its members, organising of military training
for them and formation of military detachments, except in
instances provided by laws;
4) receiving funds or other property, allocated by
governments of other states power and government institutions or
state organisations, with the exception of funds or other
property intended for support of education, culture, health
protection and sports.
Article 13. Public Organisation International
Relations
According to their bylaws, public organisations may join
international public (non state) organisations, whose goals and
activity are not in contradiction of the Constitution of the
Republic of Lithuania and this and other laws, in order to
maintain relations with public organisations of other states, as
well as with international organisations, and to form agreements
with them, provided they do not contradict the Constitution of
the Republic of Lithuania, and this and other laws.
Article 14. Public Organisation Property
According to property right, public organisations may
possess buildings, equipment, publishing facilities, printing
facilities, transportation means, and charity donations, as well
as other property, necessary for the implementation of the goals
and tasks indicated in their bylaws, that may be acquired for
public organisation funds and also, through gifts, inheritance or
other legal means.
The funds of public organisations shall be comprised of:
1) membership and participant individual fees, as
indicated in the bylaws;
2) gift funds (contributed) by natural persons,
charitable organisations, and charitable foundations;
3) gift funds (contributed) by non state and
international public organisations;
4) interest from credit institutions from public
organisation funds deposited there;
5) loan capital funds;
6) other legally acquired funds.
State power and government institutions and municipal
authorities may allocate funds to public organisations only
towards implementation of specific cultural, educational, sports,
health and other social or special purpose programs. These funds
may be used solely for the implementation of these programs and
only, in accordance with the confirmed estimate of the state
institution which allocated the funds.
Property and funds of public organisations must be
utilised for the implementation of the goals and tasks specified
in their bylaws and shall not be in any form allocated to members
of this organisation, except in the eventuality when the public
organisation terminates its activity, based upon its own
decision. In this eventuality, having satisfied all creditor
demands, of the public organisation being dissolved, having
compensated all individuals who were employed according to work
contracts, the public organisation bodies, which adopted the
decision to terminate activity of a public organisation, shall
utilise the funds in accordance with the procedure.
Article 15. Public Organisation Liability
A public organisation shall be held liable for its
obligations by way of all of the property in its possession.
A public organisation shall not be liable for obligations
incurred by its members, while the members shall not be liable
for obligations incurred by the public organisation.
A public organisation, shall be held liable, in
accordance with the procedure established by laws, for
compensation with its property for damage caused to natural and
legal persons.
Article 16. Legal Regulation of Work of Persons
Employed by Public Organisations
Work contracts shall be drawn up with employees hired by
public organisations, according to the procedure established by
laws.
Persons, employed by public organisations, by means of a
work contract, shall have the right to social insurance and other
rights and guarantees, which have been established by laws, for
those employed in state enterprises, institutions and
organisations.
For these purposes, public organisations pay the same
type of contributions from their income, to the state social
insurance fund, as do the state enterprises, institutions and
organisations.
Chapter III
REGISTRATION OF BYLAWS OF PUBLIC ORGANISATIONS
Article 17. Procedure of Registration of Public
Organisation Bylaws
The Ministry of Justice of the Republic of Lithuania
shall register the bylaws of a public organisation whose activity
extends beyond more than one county territory.
The county governor shall register the bylaws of a public
organisation whose activity extends beyond more than one
municipal county and whose headquarters are located in the county
centre or another territory of the county, namely a city or rural
settlement.
The municipal executive institution shall register the
bylaws of a public organisation whose activity encompasses the
territory of one region or city.
The public organisation shall file with the appropriate
state institution an application regarding bylaws registration no
later than within a one-month period from the day of adoption of
bylaws and election of governing bodies. In accordance with the
bylaws, the application shall be signed by a person representing
the public organisation, who shall indicate his place of
residence.
The following shall be included with the application: a
protocol of the constituent meeting, conference or meeting and
four copies of the public organisation bylaws.
The state institution which registers the bylaws, shall
examine the application for registration of bylaws during a
period of one month from the day of receipt of all the documents
indicated in this Article. The state institution which registers
the bylaws shall have the right to verify documents submitted for
registration and the documents indicated therein.
Changes in public organisation names, symbols, bylaws and
supplements shall be registered in the same procedure and with
same time limits as the bylaws. Changes in bylaws and symbols
shall become effective from the day of their registration.
The state institution which registers the bylaws of
public organisations, shall manage the register of these
organisations. The Government of the Republic of Lithuania shall
establish the register management procedure.
Article 18. Postponement of Bylaw Registration
Registration of public bylaws shall be postponed if:
1) procedure for establishment of a public organisation,
specified in Articles 4,6, and 7, was not adhered to;
2) data specified in Article 9 of this Law, are not
included with the bylaws submitted for registration.
Following postponement of bylaw registration, the state
institution which registers the bylaws shall return the bylaws
and other documents to the founders of the organisation, and
shall include a written listing of existing shortcomings. These
shortcomings must be corrected no later than within a one-month
period.
Following presentation of the corrected bylaws and other
documents, their investigation time limit shall be computed anew,
from the day of the presentation of the corrected bylaws and
documents, as indicated in Par.6 of Article 17 of this Law.
Article 19. Refusal to Register Bylaws
Bylaws of public organisations shall not be registered
if:
1) the goals and tasks, and modes of activity indicated
therein shall contradict the Constitution of the Republic of
Lithuania, this or other laws and the decrees of the Government
of Lithuania;
2) public organisation bylaws shall have been previously
registered under the same title;
3) requirements of Chapters 9 and 17 of this Law shall
not have been observed;
4) data of the presented for registration documents shall
not reflect reality.
Upon refusal to register the bylaws, applicants shall be
notified in writing, no later than within 5 days from the
adoption of the decision and specific reasons for refusal shall
be furnished.
The decision to register bylaws of public organisations
may be appealed within a period of 15 days from the receipt of
such by the district court, in accordance with the headquarters
location of the state institution registering it.
Article 20. Status of Public Organisations
Public organisations and their unions are legal persons from
date of registration.
Public organisations have their own balance sheet, their own
name stamp and their own currency account at only one bank,
registered within the Republic of Lithuania and also one currency
account in any foreign state.
Structural subdivisions of public organisations acquire the
rights of legal persons according to procedure established in the
public organisation bylaws.
Chapter IV
SUPERVISION OF PUBLIC ORGANISATION ACTIVITY
Article 21. Supervision of Public Organisation
Financial Activity
Financial activity of public organisations is supervised by
state tax inspectorates, insofar as this is connected with tax
payments.
In the event the public organisation receives funds from the
state budget, municipal budget, and also state enterprises,
institutions and organisations, the state shall have the right to
look into the utilisation of such funds.
Article 22. Warning Concerning Violation of
Constitution or Laws of the Republic of
Lithuania
The state institution which has registered the bylaws of the
public organisation, having established that the public
organisation or its structural subdivision has violated the
Constitution of the Republic of Lithuania and this or any other
laws, shall inform the governing body of the public organisation
concerning this, in writing, and shall set a time limit for the
removal of the indicated violations.
In the event the violation shall fail to be removed within
the set time limit, the state institution which had registered
the bylaws of the public organisation, must appeal to the court
concerning cessation of the public activity.
Should the violations fail to be removed in the course of a
one-year period from the receipt of warning concerning violations
of the Constitution of the Republic of Lithuania and this or
other laws, the state institution which had registered the bylaws
of the public organisation, must appeal to court concerning the
discontinuation of the public activity.
The state institution, that had registered the bylaws of
the public organisation, in deliberating whether the public
organisation had violated the Constitution of the Republic of
Lithuania, and this or other laws and also, whether the
organisation may continue its activity following the court's
decision to stop it, shall have the right of appeal to other
state institutions and obtain the conclusions they form.
Article 23. Court Examination of Complaints
Regarding Registration of Public
Organisation Bylaws, Reorganisation of
Public Organisation or Court Examination
of Activity Interruption by Organisation
Decision
The district court shall examine appeals regarding bylaws
of public organisation registration, its reorganisation or
activity interruption by organisation decision, in accordance
with location of the public organisation headquarters. No fewer
than one-third of public organisation members or persons
participating in its activity, shall have the right to appeal to
court, concerning recognition as invalid of the public
organisation governing bodies' decision on the registration of
public organisation bylaws and reorganisation or interruption of
organisation activity. Such court appeals may be submitted no
later than 20 days following the receipt of appeal decisions.
The state institution that has registered the public
bylaws and consequently has determined that the data submitted
for bylaw registration do not reflect reality, must turn to the
court concerning the cessation of public organisation activity.
Chapter V
TERMINATION OF PUBLIC ORGANISATION ACTIVITY
Article 24. Termination of Public Organisation
Activity
Public organisation activity may be terminated:
1) upon adoption of a decision, to reorganise the public
organisation, i. e. to divide it into several new public
organisations or to join it to another public organisation,
according to established procedure;
2) upon adoption of a decision to terminate activity, in
accordance with procedure established in public organisation
bylaws;
3) upon adoption of a court decision to terminate
activity.
This law and bylaws of public organisations set the basis
and procedure for public organisation reorganisation as well as
cessation of public organisation activity.
Article 25. Public Organisation Reorganisation
Only the supreme governing body of the organisation being
reorganised shall have the right to adopt a decision concerning
reorganisation of a public organisation by means of dividing it
into several new organisations or joining it to another public
organisation.
In the event the public organisation shall be reorganised
by means of dividing it into several new organisations, its funds
and property are allocated to the new organisations, according to
procedure established in the public organisation bylaws. If this
question is not defined in the bylaws of the public organisation
being reorganised, the funds and property shall be apportioned to
new organisations based upon a decision by the supreme governing
organ, which shall be adopted concurrently with the decision to
reorganise the public organisation.
In deciding questions of means of reorganisation and
division of public organisations, the supreme governing body of
the public organisation must concurrently decide, what the name
of the public organisation shall be and what symbols it shall
use.
Upon division of a public organisation into several new
organisations, bylaws of newly-created public organisations shall
be registered according to the procedure established by this Law.
Public organisations are considered established from day of their
registration.
In the event a public organisation shall join another
public organisation, its property shall become the property of
the organisation, to which it is joined.
Upon adoption of decision according to the procedure
established in the bylaws, of terminating activity of a public
organisation, its property shall be used according to the
procedure established in the bylaws, if the laws shall not
establish otherwise.
Article 26. Separation of Public Organisation's
Structural Subdivision from Public
Organisation and Termination of its
Activity
A structural division of a public organisation, also
possessing the rights of a legal person, shall have the right to
separate from a public organisation and to become a new public
organisation, if this is provided for in the public organisation
bylaws. The person representing the structural subdivision of a
public organisation, must serve notification, in writing, no
later than within 5 days after the decision to separate is taken,
to the supreme governing body of the public organisation from
which it is separating, and also to the executive institution of
the municipal government of the territory where the headquarters
of this structural subdivision is located.
The structural subdivision of a public organisation loses
its former name and symbols, from the day the decision is taken,
according to the procedure established in the bylaws of the
public organisation, to separate. According to the procedure,
established by this Law, such a structural subdivision shall be
registered as a new public organisation.
According to the procedure established in its bylaws, a
public organisation may, at any time, interrupt the activity of
its structural divisions, including those which possess the right
of a legal person. If the public organisation bylaws contain the
appropriate provision the property and funds of such structural
subdivisions including those which possess legal person's rights,
are transferred to the public organisation. If the bylaws of the
public organisation do not provide for the disposition of the
property and funds of a structural subdivision, whose activity is
being stopped, the question of their utilisation shall be
resolved according to the procedure established by laws.
Article 27. Public Organisation Activity Cessation
or Termination by Court Decision
Cessation of public organisation activity may be effected
by court decision.
A statement concerning cessation or termination of public
organisation activity is submitted to a district court according
to location of headquarters of the public organisation. This type
of statement is exempt from charges.
Article 28. Reasons for Cessation of Public
Organisation Activity
A court may effect cessation of a public activity, if the
latter, or its structural subdivision fails to remove, by the
appointed time, violations of the Constitution of the Republic of
Lithuania and this and other laws, as established by the state
institution which had registered the bylaws of the public
organisation, or continues illegal activity, following receipt of
warning concerning termination of activity, which is in violation
of the Constitution of the Republic of Lithuania and this and
other laws.
Cessation of activity of a public organisation may be
effected for a period not to exceed six months.
Article 29. Consequences of Activity Cessation
When cessation of public organisation activity is in
effect throughout the entire cessation time limit, the public
organisation and its structural subdivisions are prohibited from
use of mass information media, organising meetings, utilisation
of funds belonging to the public organisation or its structural
division accounts, use, administering and disposal of property
and funds belonging to the public organisation and its structural
divisions.
Cessation of activity of public organisations, included
in the union of public organisations, shall not raise any legal
consequences for this union, if no fewer than half of the public
organisations within the union, have not ceased their activity.
When the activity of a public organisation union is
ceased, the public organisations, included within it, shall act
according to their bylaws only.
Upon expiration of the time limit established by the
court for cessation of the public activity, the public
organisation informs the state institution which has registered
it, in writing, that it has removed the causes, due to which its
activity had been ordered by court, to cease. The public
organisation whose activity had been subject to cessation, may
continue its activity only after the state institution, which had
registered the bylaws of said organisation, shall certify that
those causes which have been instrumental in the cessation of the
public activity, have been removed, and that it shall permit this
public organisation to continue its activity.
Refusal to permit continuation of public organisation
activity, issued no later than within a period of 10 days from
its adoption, may be appealed in court.
Article 30. Public Organisation Activity Termination
The court may terminate the activity of a public
organisation if:
1) the public organisation, or its structural
subdivision, whose activity has ceased per court decision, shall
violate the requirements provided in Article 29 of this Law;
2) the public organisation or its structural subdivision,
shall have violated the Constitution of the Republic of Lithuania
and this or other laws, within the period of one year from
receipt of warning concerning violation of laws.
Having adopted a resolution to terminate activity of a
public organisation, the court obligates the state institution,
which had registered the bylaws of this organisation, to appoint
liquidates and establish their authorisations.
Property and funds of the public organisation whose
activity has been terminated by court decision, is used according
to the procedure established by laws.
I promulgate this Law passed by the Seimas of the
Republic of Lithuania.
ALGIRDAS BRAZAUSKAS
President of the Republic
Vilnius
2 February 1995
No. I - 784