REPUBLIC OF LITHUANIA
LAW
ON
CONCERNING THE APPROVAL OF THE STATUTE
OF THE SEIMAS OMBUDSMEN'S OFFICE
OF THE REPUBLIC OF LITHUANIA
1. To approve the Statute of the Seimas Ombudsmen's Office
of the Republic of Lithuania (appended).
2. This Law comes into force as of 31 March 1995.
I promulgate this Law passed by the Seimas of the Republic
of Lithuania.
Algirdas Brazauskas
President of the Republic
Vilnius
22 February 1995
No. I-804
Approved by
the Republic of Lithuania Law
of 22 February 1995 No. I-804
STATUTE
OF THE SEIMAS OMBUDSMEN'S OFFICE OF
THE REPUBLIC OF LITHUANIA
I. General Provisions
Article 1. The Statute of the Seimas Ombudsmen's Office of
the Republic of Lithuania shall regulate the organisational
structure, powers and internal order of the Office and establish
the guarantees of the Ombudsmen's activities and other
guarantees.
Article 2. The Seimas Ombudsmen's Office is an independent
State institution consisting of the Ombudsmen appointed by the
Seimas as well as the personnel which ensures technical, business
and financial servicing of the Ombudsmen.
Article 3. All the Seimas Ombudsmen shall have equal rights
and duties, and each one of them shall act independently when
investigating citizens' complaints concerning the abuse of
official position or bureaucracy of state or local government
officials.
Article 4. In their activities the Ombudsmen shall be guided
by the Constitution of the Republic of Lithuania, the Law on the
Seimas Ombudsmen, this Statute, other laws, international
treaties and agreements.
The Ombudsmen shall base their activities on the principles
of lawfulness and openness as well as their conscience.
Article 5. The Seimas Ombudsmen's Office is a legal person.
It shall be financed with the funds from the State Budget.
Article 6. The Seimas Ombudsmen's Office shall have its seal
with the Lithuanian State emblem and the name "The Seimas
Ombudsmen's Office of the Republic of Lithuania" imprinted
thereon.
The head of the Seimas Ombudsmen's Office shall be
responsible for the use and keeping of the seal of the Seimas
Ombudsmen's Office.
II. The Structure of the Seimas Ombudsmen's Office
Article 7. The Seimas Ombudsmen's Office shall comprise the
Ombudsmen, the Board of the Seimas Ombudsmen's Office, assistants
of the Ombudsmen, departments and other structural divisions
approved by the Board of the Seimas Ombudsmen's Office.
The Seimas Ombudsmen's Office shall be directed by the head
of the Seimas Ombudsmen's Office.
Article 8. The competence of the structural divisions of the
Seimas Ombudsmen's Office and the Office employees shall be
determined by the rules of the Seimas Ombudsmen's Office approved
by the Board of the Seimas Ombudsmen's Office.
III. Spheres and Objects of Investigation
of the Seimas Ombudsmen
Article 9. The Ombudsmen of the Republic of Lithuania shall
investigate citizens' complaints concerning the abuse of official
position or bureaucracy of officials of State and local
government institutions as well as military institutions and
institutions equated to them. Equated to military institutions
are the Ministry of Internal Affairs, State Security Department
and institutions subordinate to them. The division of spheres of
action by the Ombudsmen investigating citizens' complaints
concerning State and local government institutions shall be
approved by the Board of the Seimas Ombudsmen's Office.
Article 10. When referring a complaint over to another
Ombudsman for investigation on the grounds specified in Article 7
of the Law, the head of the Seimas Ombudsmen's Office shall first
of all refer it over to another Ombudsman who investigates
complaints of the same category, and in case he is not in the
position to investigate it - to any other Ombudsman.
Article 11. On the instructions of the Ombudsmen, individual
actions may be performed by their respective assistants.
IV. Guarantees of the Ombudsmen's Activities
and other Guarantees
Article 12. When performing his duties, the Ombudsman shall
have the right to:
1) request that information, documents and material required
for the discharge of his functions be presented without delay, as
well as familiarise himself with documents which are deemed
confidential and constitute a State secret. As necessary, for the
implementation of the right the assistance of police officers
shall be enlisted and an appropriate act concerning the seizure
of documents shall be drawn up;
2) enter the premises of controlled institutions,
organisations. The territory and premises of military
institutions and institutions equated to them shall be entered
with the officers of the institutions accompanying;
3) request that the officials whose activities are being
investigated give a written or oral explanation;
4) take part in the sittings of the Seimas, the Government
and local government institutions when issues related to the
activities of the Seimas Ombudsmen's Office are being considered;
5) inform the Seimas, the Government or the Council of the
appropriate local government of gross violations of law or
shortcomings, contradictions or loopholes in laws or other legal
acts; and
6) recommend to the Seimas, the Government or other state
institutions that laws or other standard acts restricting human
rights and freedoms be amended.
The assistants of the Ombudsmen who investigate complaints
on the instruction of the Ombudsmen shall also have the rights
specified in items 1-4 of Par. 1 hereof.
Article 13. Without the consent of the Seimas criminal
proceedings may not be instituted against an Ombudsman, he may
not be arrested or have his freedom restricted in any other way.
Article 14. It shall be permitted to enter the Seimas
Ombudsman's office or residential premises, to make a search of
the premises, as well as to make an inspection, search or seizure
in his official vehicle only provided that criminal proceedings
have been instituted in accordance with the established
procedure.
Article 15. The salary of the Ombudsman may not be lower
than the average salary of the Supreme Court judge.
Article 16. The Ombudsmen shall have social guarantees
established by law with regard to the State Controller.
Article 17. The powers of the Ombudsman may be terminated
only on the grounds provided for by the Constitution of the
Republic of Lithuania and the Law on the Seimas Ombudsmen.
V. The Board of the Seimas Ombudsmen's Office
Article 18. The Board of the Seimas Ombudsmen's Office shall
consist of five Ombudsmen.
The Board of the Seimas Ombudsmen's Office shall:
1) consider the most urgent issues of the Ombudsmen's
activities and hear out other issues put forward by the
Ombudsmen;
2) approve the division of spheres of activity among the
Ombudsmen;
3) hear out the reports of departments of the Seimas
Ombudsmen's Office on the issues of work organisation;
4) approve the rules of the Seimas Ombudsmen's Office;
5) submit proposals concerning the financing of the Seimas
Ombudsmen's Office;
6) approve the structure of the Seimas Ombudsmen's Office,
list of staff and the salary coefficients;
7) give material incentives to the employees of the Seimas
Ombudsmen's Office;
8) approve annual reports; and
9) send the Ombudsmen and employees of the Seimas
Ombudsmen's Office on business trips and to training courses
abroad, as well as on business trips or to training courses in
Lithuania if the duration of the trip or training period exceeds
one month.
Article 19. The meetings of the Board shall be presided over
by the head of the Seimas Ombudsmen's Office, and, in his
absence, by the eldest Ombudsman.
The Board of the Seimas Ombudsmen's Office shall issue
resolutions on issues within its competence which shall be passed
by majority vote of the Board members.
The procedure of work of the Seimas Ombudsmen's Office shall
be established by rules of the Seimas Ombudsmen's Office.
VI. The Head of the Seimas Ombudsmen's Office
Article 20. The head of the Seimas Ombudsmen's Office shall
be appointed by the Seimas on the recommendation of the Seimas
Speaker.
Article 21. In addition to his direct functions as the
Ombudsman, the head of the Seimas Ombudsmen's Office shall also
perform the following functions:
1) convene the meetings of the Board and preside over them;
2) direct the work of the Office and represent the Office;
3) on the recommendation of the Ombudsmen, employ or dismiss
from office the assistants of the Ombudsmen;
4) employ or dismiss other employees of the Office;
5) supervise the work of the Office employees and adopt
decisions concerning the improvement of work of the Seimas
Ombudsmen's Office;
6) determine the salaries of the employees;
7) grant vacations to the Ombudsmen and the Office
employees;
8) address issues concerning the improvement of
qualifications of the employees, training courses and business
trips in Lithuania if the duration thereof is not in excess of
one month;
9) present the structure of the Seimas Ombudsmen's Office,
the staff list and the salary coefficients to the Board for
approval;
10) impose disciplinary penalties on the employees;
11) propose to the Board to fix salary supplements and
bonuses for the employees;
12) form provisional work groups of employees for the urgent
settlement of certain issues;
13) organise the preparation of annual reports;
14) charge another Ombudsman to temporarily act for the
Ombudsman who is incapable of performing his duties by reason of
illness, vacations, departure abroad, etc.; and
15) in accordance with the procedure set forth in Article 10
of this Statute, charge another Ombudsman to investigate a
certain complaint if the Ombudsman who must investigate the
complaint is incapable of investigating it impartially because of
relationship by blood or affinity, or any other reasons.
Article 22. The head of the Office shall exercise his
authority by issuing orders. In the absence of the head of the
Office, the eldest Ombudsman shall substitute for him.
VII. Complaint Acceptance and Investigation
Article 23. The Seimas Ombusdmen shall accept citizens'
(natural persons') complaints for investigation, concerning the
abuse of official position and bureaucracy of the employees of
government and state institutions and military institutions or
the institutions having the same status as military institutions,
or persons authorised by them, who perform organisational,
managerial or administrative functions.
The Seimas Ombudsmen shall not investigate the activities of
the President of the Republic, the members of the Seimas, the
judges of the Constitutional Court, and other courts, as well as
the procedural actions of prosecutors, investigators or
interrogators, the activities of the Prime Minister, the State
Controller and the Government (as collegiate institution) and
local government councils and their boards (as collegiate
institutions). The Seimas Ombusdmen shall not investigate the
complaints arising from legal labour relations and other
complaints that are subject to court investigation, and they
shall not investigate the validity and legitimacy of court
decisions and sentences.
Article 24. The complaints shall be lodged in writing. The
procedure for the registration and transfer of complaints shall
be prescribed by the regulations of the Seimas Seimas Ombudsmen's
Office.
If complaints are voiced verbally, received by phone or if
the Seimas Ombudsmen have established the indications of abuse of
office or bureaucracy from the press and other mass media, the
Seimas Ombudsmen may start investigation on their on initiative.
Article 25. The complaint must state:
1) the addressee _ the Seimas Ombudsman;
2) the complainant's name, surname and address;
3) the name, surname and official position of the officials
against whom the complaint is lodged, and their place of
employment;
4) the name of the decision against which the complaint is
brought and the date of its adoption, or the description of
actions against which the complaint is brought, the date and
circumstances of the commitment thereof;
5) the complainant's stand;
6) a distinctly phrased application addressed to the
Ombudsman;
7) a list of documents attached to the complaint; and
8) the date on which the complaint was drawn up and the
signature of the complainant.
Complaints must be submitted within 3 months after the
commitment of actions against which the complaint is lodged.
Complaints lodged after the expiration of this term as well
as anonymous complaints shall not be investigated unless the
Ombudsman decides otherwise.
Article 26. Attached to the complaint may be:
1) a copy of the contested decision;
2) available evidence or the decision thereof; and
3) a list of persons to be questioned as proposed by the
complainant, indicating their addresses and circumstances which
may be substantiated by each of them.
Article 27. The Ombudsman shall refuse to investigate the
complaint and return it to the complainant no later that within 7
days, provided:
1) he makes a conclusion that the matter complaint against
is insignificant;
2) the complaint is lodged after the expiration of the term
prescribed by Article 15 of the Law on the Seimas Ombudsmen of
the Republic of Lithuania;
3) the circumstances referred to in the complaint do no
qualify for the investigation by the Ombusdmen;
4) the complaint concerning the same matter has already been
investigated or is being investigated in court; and
5) a criminal action has been brought against or a
preliminary investigation is in progress on the matter against
which the complaint is lodged.
Article 28. A complaint lodged repeatedly after its
investigation shall not be investigated unless the Ombudsman
decides otherwise.
Article 29. If the complaint is returned to the complainant,
grounds for the refusal to investigate it must be specified. In
the cases where the complaint is not within the competence of the
Seimas Ombudsmen, it must be specified in the refusal to what
institution the complainant may address this matter.
Non-compliance with the form of complaint prescribed by law
or failure to specify the requisites may not serve as the grounds
for refusal to investigate the complaint, with the exception of
cases where it is impossible to commence investigation due to the
lack of facts and the complainant refuses to furnish them.
Article 30. When investigating the complaint, the Ombudsman
shall be entitled to request that the official whose activities
are under investigation give his explanations. Such explanation
must be given within the 5 business days. If said explanation is
not received, the Seimas Ombudsman shall have the right to
address to the senior official (collegiate body), who must either
demand and obtain the explanation or give explanations himself
within the time limit set by the Seimas Ombudsman.
Article 31. Upon the completion of the investigation of the
complaint, a statement shall be drawn up, in which the
circumstances revealed in the course of investigation, the
collected evidence and legal evaluation of the official's
activities shall be provided. The statement shall be signed by
the Seimas Ombudsman. The head of the office in which
investigation was conducted as well as the official whose actions
were investigated and the complainant shall be familiarised with
the findings of the investigation.
Article 32. The complaint must be investigated and the
response must be given to complainant within one month from the
receipt of complaint. Where necessary, the Seimas Ombudsman may
extend the term of investigation for up to one more month and the
complainant shall be notified thereof.
Article 33. Upon completing the investigation, the Ombudsman
shall pass one of the following decisions:
1) to refer the material to investigation agencies if
indications of a crime are revealed;
2) to bring a court action and recommend to remove from
office the officials guilty of the abuse of their official
position and bureaucracy, with the exception of those who are
appointed by the President of the Republic or elected by the
Seimas, and to propose that moral and material damage caused to
the person by reason of the violations committed by the officials
be compensated;
3) to bring a court action or to appeal to a superior
institution in order to repeal the decision concerning the
official's abuse of his official position;
4) to recommend that the departmental collegiate
institution, head of the institution in which the investigation
is conducted, or the superior institution impose disciplinary
penalties on the officials guilty of violations;
5) to bring the fact of negligence in work, non-compliance
with laws, or violation of professional ethics or bureaucracy to
the attention of the officials concerned;
6) to reject the complaint if the violations indicated
therein are not substantiated;
7) to report to the Seimas or President of the Republic
about the violations committed by the ministers or other
officials accountable to the Seimas or the President of the
Republic.
VIII. Procedure for the Preparation
of Annual Reports
Article 34. The preparation of annual reports shall be
organised by the head of the Seimas Ombudsmen's Office. The
annual report on the activities during the preceding calendar
year shall be prepared annually and submitted in writing to the
Seimas by 15 March.
Article 35. The Seimas Ombudsmen shall prepare and present
to the head of the Ombudsmen's Office information about their
activities by 1 February. The information received shall be
generalised and the draft report shall be prepared, stating in
which government and state institutions, municipal Councils and
Boards, military and other institutions having similar status the
greatest number of violations have been established, what the
causes of these violations are, which laws or legal acts
encourage abuse of one's official position or bureaucracy, what
measures should be taken in order to reduce the number of cases
of the abuse or bureaucracy.
IX. The Openness of the Activities
of the Seimas Ombudsmen
Article 36. The Seimas Ombudsmen shall provide information
according to the spheres of investigation or with their consent,
representative of the Seimas Ombudsmen's Office for public
relations and information shall provide information for the press
and other mass media about the cases of abuse of office,
committed by the officials, or bureaucracy.
Information which according to the list of news of the
Republic of Lithuania constitutes state secret shall not be
divulge to the public.
Article 37. The activities of a representative of the Seimas
Ombudsmen's Office for public relations and information shall be
regulated by the Regulations of the Seimas Ombudsmen's Office.
Article 38. A representative of the Seimas Ombudsmen's
Office for public relations and information must record the
information published in the press, or transmitted by radio and
television relative to the activities of the Seimas Ombudsmen and
the decisions passed by them, and shall immediately notify the
appropriate Seimas Ombudsmen.
Article 39. The the Seimas Ombudsmen's Office shall publish
an information bulletin.