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    Legal Updates

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    Legal News Letter (by FORESTA<
    Business Law Group "FORESTA"
    April, 2002
    All articles
    <...>
    Various

          The new Code of Civil Procedure of the Republic of Lithuania has been adopted by the Parliament. It shall enter into force on 1 January 2003. Adoption of the

          new Civil Procedure Code is highly important as the new Civil Code is in force already and some provisions thereat cannot not be applied effectively due to the incompatibility of procedural

          norms. Generally, the new Code of Civil Procedure shall ensure prompt hearing of cases, conscientious conduct of the parties during the procedure and shall put more restrictions on the abuse of

          the partyís rights. Moreover, the stamp duty is reduced to the considera le extent, i.e. to 3 per cent of the claim amount for claims not exceeding LTL†100.0000 (about USD 25.000). The maximum stamp duty shall not exceed

          LTL†30.000 (about USD 7.500). l On 7 March 2002, the Parliament for the first time assented to the amendment of Art. 47 of the Constitution of the Republic of Lithuania. This amendment shall allow sales of agricultural land to Lithuanian legal persons and foreign entities. The amendment to the Constitution shall

          enter into force after the second assent of the Parliament, provided that the second voting on this issue in the Parliament shall take place in May 2002.

          l The Higher Administrative Court of Lithuania referred to the Constitutional Court with a request to investigate, whether provisions of Article 11 of the Law on Pharmaceutical Activities contradict or not the provisions of the

          Constitution of the Republic of Lithuania.

          According to Article 11 of the Law on Pharmaceutical Activities, only natural persons who have obtained higher pharmaceutical education shall own

          pharmacies, except those owned by the state and charity organisations. Moreover, pharmacies can be owned by a group of natural persons, where the persons who have obtained higher or

          specialised secondary pharmaceutical

          education own more than a half of the authorised capital of a pharmacy.

          On 14 March 2002, the Constitutional

          Court resolved that Article†11 of the Law on Pharmaceutical Activities contradicted

          relevant provisions of the Constitution.

          The court has found that the Law limited the freedom to choose an occupation or business and the freedom of economic activity and initiative of an individual,

          and also contradicted to the principles of property immunity and protection of the ownership right. It means that the abovementioned provisions of Article†11 of the Law on Pharmaceutical Activities

          shall not be applicable. This resolution of the Constitution Court shall be final and not subject to appeal.

          On 22 March 2002, by the Order of the Minister of Finance the procedure for the payment of the interest on tax loan and default interest on taxes that were not paid in due course was established for the second quarter of 2002. Starting from 1 April 2002, the interest on tax loan shall be 0,01per cent of the amount of the tax loan per each day of the use of the loan. The increased interest on the tax loan shall be 0,04†per cent of the amount of the loan. Default interest on taxes, which have not been paid in due

          course, from 1April 2002, shall be 0,04†per cent per each delayed day.

          l On 28 March 2002, the Parliament

          adopted the law supplementing Art.123 of the Administrative Code. According to this amendment, driving a vehicle

          without compulsory motor thirdparty

          liability insurance policy shall incur a fine in the amount of LTL100.

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