Official translation

Official translation Official translation REPUBLIC OF LITHUANIA LAW ON THE AMENDMENT OF THE LAW ON ADMINISTRATIVE PROCEEDINGS 14 January 1999 No. VIII-1029 Vilnius (New edition by 19 September 2000 No. VIII-1927) Article

1. Revised Version of the Law of the Republic of Lithuania on Administrative Proceedings The Law of the Republic of Lithuania shall be amended and set forth to read as follows: "LAW OF THE REPUBLIC OF LITHUANIA ON ADMINISTRATIVE PROCEEDINGS CHAPTER ONE GENERAL PROVISIONS SECTION ONE BASIC PROVISIONS Article
2. Purpose of the Law
3. This Law establishes the procedure for the hearing of administrative cases concerning disputes arising from administrative legal relations.
4. When hearing the cases, the administrative court shall be governed by the norms of this Law and by the norms of the Code of Civil Procedure where a direct reference is made thereto by this Law.
5. The procedure of hearing administrative cases of different categories may also be regulated by other laws. Article
6. Definitions As used in this Law,
7. “Public administration” means executive activity of state and local government institutions and other entities empowered by law, which is regulated by laws and other legal acts and the purpose whereof is implementation of laws, other legal acts and decisions of municipal institutions as well as administration and rendering of the public services provided for .
8. “Internal administration” means activities of administration whereby the functioning (structure handling, personnel management, management and administration of available material financial resources) of a particular state or local government institution, agency, service or organisation is ensured so as to enable it to implement in the due manner the tasks of public administration or other state activities assigned to it.
9. “Entities of administration” means entities which implement the functions of public or internal administration.
10. “Entities of public administration” means institutions, agencies, services, employees (officers) having the rights of public administration granted by law and implementing in practice the executive power or certain functions thereof. Enterprises and organisations granted by law the powers of public administration shall also be attributed to the entities of public administration. Note. The classification of employees (officers) according to administrative powers granted to them is specified and their belonging to the entities of administration of a certain type is defined by the laws regulating public service or other special laws.
11. “System of public administration” means the system comprised of: 1) entities of state administration, 2) entities of municipal administration, 3) other entities of administration. The above entities of public administration shall be granted the powers of public administration by laws or other legal acts adopted on the basis thereof.
12. “Entities of state administration” means state institutions, agencies, services as well as public servants (officers), who are conferred by law the rights of public administration. The entities of public administration shall be divided into central and territorial entities of public administration.
13. “Central entities of state administration ” (institutions, agencies, services, enterprises, their employees (officers) means entities which effect administration in the entire territory of the state.
14. “Territorial entities of state administration” (institutions, agencies, services, their employees (officers) means entities which effect administration in the designated territory.
15. “Entities of municipal administration” means the municipal council, municipal controller, the mayor, the board, also agencies, services, enterprises subordinate to them, municipal public servants (officers) who are granted by law or by the decisions of the municipal council the rights of public administration in the territory of the municipality.
16. “Other entities of public administration” means public institutions, enterprises and NGOs, empowered in the manner prescribed by law to effect public administration.
17. “Collegial body” means an institution in which the decisions are taken not by the head of the institution alone, but by a group of persons by a majority vote.
18. “Person” means a natural person or a group of natural persons, a legal person, or a person without the rights of a legal person.
19. “Statutory act” means a law, administrative or any other legal act which establishes the rules of conduct for group of entities, not characterised by individual features.
20. “Individual legal act” means a single act of law application, intended for a particular entity or a group of entities characterised by individual features.
21. “Administrative act” means a legal act adopted by an entity of administration in the exercise of administrative functions.
22. “Administrative-legal relations” means public relations developing in the process of effecting public administration as well as internal administration, which are regulated by laws and other statutory acts.
23. “Administrative disputes” means conflicts of persons with the entities of public administration or conflicts between entities of public administration which are not subordinate to each other. The disputes between the employees and the administration as well as electoral disputes shall also be attributed to administrative disputes.
24. “Tax disputes” means disputes between the taxpayer (or the person deducting the tax) and the tax administrator or his officer regarding tax calculation or payment as well as underpayment or overpayment of tax.
25. "Office-related disputes" means disputes arising between public servants empowered to effect public administration and the administration, connected with the acquisition of the status of a public servant, change in the status or loss thereof and the application of disciplinary measures.
26. “Complaint, petition” means the forms of appeal to the empowered institution requesting the resolution of an administrative dispute. Complaints shall be lodged with the empowered institution by private persons, whereas state and municipal institutions, their representatives, public servants shall file petitions. Laws may also provide for other forms of appeal. Article
27. Disputes over Issues of Law
28. The Administrative court shall settle disputes over issues of law in public or internal administration.
29. The court shall not offer assessment of the disputed administrative acts and acts (or omission) from the point of view of political or economic expediency and shall only establish whether or not there has been in a particular case a violation of a law or any other legal act, whether or not the entity of administration has acted within the limits of its competence, also whether or not the act (action) complies with the objectives and tasks for the purpose whereof the institution has been set up and vested with appropriate powers. Article
30. Application of Laws in the Hearing of Administrative Cases
31. The court may not apply laws which conflict with the Constitution.
32. Where there is ground to believe that the law or the act applicable in a particular case contravenes the Constitution, the court shall suspend the hearing of the case and, in view of the competence of the Constitutional Court of the Republic of Lithuania, apply to it with a request to determine whether the aforesaid law or other legal acts complies with the Constitution. Having received the ruling of the Constitutional Court, the court shall resume the hearing of the case. The above rules shall also be applicable in the cases where the court questions compliance of the decree of the President of the Republic or the act of the Government, which are applicable in a certain case, with the laws or the Constitution.
33. The administrative proceedings shall be held according to the laws of administrative procedure effective at the moment of hearing of the case, during the performance of individual procedural steps or execution of court decisions.
34. In case of conflict of the norms of this Law and those of other laws (with the exception of special laws), the court must follow the norms of the Law on Administrative Proceedings.
35. In case of the absence of a law regulating the matter of the dispute, the court shall apply the law regulating similar matters, while in case of the absence of such a law, the court shall conform to the common fundamentals of laws and their meaning, as well as to the criteria of justice and reasonableness. Article
36. Right to Apply to the Court for Remedy
37. Every interested entity shall be entitled to apply to the court, in the manner prescribed by law, for the protection of his infringed or contested right or interest protected under law.
38. Waiver of the right to apply to the court shall be inadmissible.
39. The court shall accept an administrative case for consideration: 1) on the complaint or petition of the person or his representative, applying for the protection of his right or interest protected under law; 2) on the petition for the protection of the rights of other persons lodged by the institutions or agencies specified by laws or by the employees thereof; 3) on the petition for the protection of state or other public interests lodged in the cases established by law by the prosecutor, entities of administration, state control officers, other state institutions, agencies, organisations or natural persons; 4) on the petition for the protection of the rights of municipalities in the sphere of public administration; lodged by municipal institutions, agencies, services 5) in the cases established by law, on the petition for the resolution of administrative disputes lodged by entities of public administration. Article
40. Courts as the Only Institution Administering Justice In administrative cases justice shall be administered only by the courts guided by the principle of equality of all persons before the law and the court, irrespective of their sex, race, nationality, language, origin, social status, religion, convictions or views, type and character of activity, place of residence and other circumstances. Article
41. Judicial Independence
42. When dispensing justice, the judges and courts shall be independent and obey only the laws. The judges and courts shall hear administrative cases on the basis of laws and under such conditions which do not provide conditions for influencing the judges' decisions.
43. The interference with the activities of the judge or the court by the institutions of State government and administration, members of the Seimas and other officers, political parties, political or public organisations or natural persons shall be prohibited and shall make them liable under law.
44. Rallies, pickets and other actions held at a less than 75-metre distance from the court house and in the court house, aimed at influencing the judge or the court, shall be treated as interference with the activities of the judge or the court and shall be prohibited.
45. In case of interference with the activities of the court or the judge dispensing justice, the court or the judge must react in the manner prescribed by law. Article
46. Investigation of Cases Open to the Public
47. The hearing of cases at administrative courts shall be held in public. The presence in the courtroom of persons who are under the age of 16 shall not be allowed, unless they are parties to the proceedings or witnesses.
48. The court may hold a closed session seeking to protect the privacy of personal or family life, also where public hearing of the case may disclose a state, official, professional or commercial secret. The court shall issue a justified order on the issue. Parties to the proceedings and, where necessary, witnesses, specialists, experts and interpreters may also appear in a closed session of the tribunal.
49. The principle of hearing the cases in open sessions shall also be not applicable where the law prescribes written proceedings for the hearing of complaints and cases. Article
50. Language of the Judicial Proceedings
51. Administrative proceedings shall be held, decisions shall be made and announced in the Lithuanian language.
52. Before being submitted and announced, the documents drawn up in other languages shall be translated into the Lithuanian language and certified in the prescribed manner.
53. Upon the resolution of the judge who is preparing the case for hearing or of the court hearing the case, a document drawn up in another language may be translated at the court session by a translator.
54. Persons who have no command of the Lithuanian language shall be guaranteed the right to have the assistance of an interpreter. The services provided by the interpreter shall be paid for from the State budget. Article
55. Explaining to the Parties to the Proceedings their Rights and Duties The court must explain to the parties to the proceedings their procedural rights and duties, warn them of the consequences of the performance of or failure to perform procedural actions and assist the said persons in exercising their procedural rights. Article
56. Use of Technical Means in the Court
57. The court may use any technical means for recording the court hearing and for recording and investigating the evidence.
58. Exercising their procedural rights, parties to the proceedings may audio-record the hearing. The parties must notify the court of the audio-recording being made.
59. Other persons shall be prohibited from filming, making photographs, audio-or video-recordings or using any other technical means during the hearing.
60. Persons who act in violation of the above prohibition of the use of technical means during the hearing shall be held liable under law. Article
61. Public Character of the Case Material
62. The material of the heard administrative case, except for the material of the cases heard in a closed session of the court, shall be public and available for examination to the interested persons, including the persons who were not parties to the proceedings. The persons shall acquire the said right after the decision disposing of the case or the order to dismiss the case or to leave the petition unconsidered becomes effective.
63. When issuing the final decision in the public hearing of the case or making an order to dismiss the case or to leave the petition unconsidered or having received a petition for granting access to the case material, the court shall have the right, upon the petition of the parties to the proceedings or on its own initiative, to determine by a reasoned order that the case material or part thereof is not of public character, provided this is necessary for the protection of the person's personal identity, private life and property, also for preserving confidentiality of the information relating to the person's health, also where there is a good ground to believe that a state, official, professional or commercial secret will be disclosed. A separate appeal may be filed against the order.
64. Seeking access to the material of the case which has been heard, a person shall file a standard form petition, indicating in it his name, surname, place of residence and personal code. The procedure of granting access to the material of a case that has been heard shall be established by the Ministry of Justice and the Archives Department of Lithuania. Article
65. Formation of a Uniform Court Practice
66. A uniform administrative court practice in applying the laws shall be formed by the Supreme Administrative Court of Lithuania.
67. The Supreme Administrative Court of Lithuania shall pronounce the decisions, rulings and orders made under the appeal procedure at the plenary session, also decisions, rulings and orders made under the appeal procedure by the chambers of five or seven judges as well as all decisions made in relation to legality of administrative acts. When applying the laws, the courts, state and other institutions as well as other entities shall have regard to the interpretation of the application of laws, given in the decisions and orders pronounced in the established manner.
68. The Supreme Administrative Court of Lithuania shall examine the case-law practice of administrative courts in the application of the laws and shall give appropriate interpretation on the issue..
69. The Supreme Administrative Court of Lithuania when examining the practice of the administrative courts may consult the courts on the general issues of the application of laws.
70. The Supreme Administrative Court of Lithuania shall publish the bulletin "Administracinių teismų praktika" (Practice of Administrative Courts). Article
71. Binding Effect of the Court Decision, Ruling and Order
72. An effective court decision, ruling and order shall have a binding effect on all state institutions, officers and public servants, enterprises, agencies, organisations, other natural and legal persons and must be executed within the entire territory of the Republic of Lithuania.
73. The binding effect of the court decision, ruling and order shall not deprive the interested persons of the right to apply to the court for the protection of the rights and interests protected under the law, the dispute in respect of which has not been heard and resolved in the court. SECTION TWO COMPETENCE OF ADMINISTRATIVE COURTS Article
74. Cases Assigned to the Competence of the Administrative courts
75. Administrative courts shall decide cases relating to: 1) lawfulness of legal acts passed and actions performed by the entities of public administration, also the legality and validity of refusal by the said entities to perform the actions within the remit of their competence or delay in performing the said actions; 2) lawfulness of acts passed and actions performed by the entities of municipal administration, also the legality and validity of refusal by the said entities to perform the actions within the remit of their competence or delay in performing the said actions; 3) compensation for material and moral damage inflicted on a natural person or organisation by unlawful acts or omission in the sphere of public administration by state or municipal institutions, agencies, services and their employees (Civil Code, Article 485); 4) payment, repayment or exaction of taxes, other mandatory payments and levies, the application of financial sanctions and the tax disputes; 5) office-related disputes, where one of the parties is a public or municipal servant possessing the powers of public administration (including officers and heads of agencies); 6) decisions of the Chief Institutional Ethics Commission and petitions by the said Commission for the severance of service relations with public servants; 7) disputes between the entities of public administration which are not subordinate to one another concerning competence or breaches of laws, except for civil litigation cases assigned to the courts of general jurisdiction; 8) violation of the election laws and the Law on the Referendum; 9) complaint against the decision in the case of administrative law violation; 10) lawfulness of the decisions made and actions performed in the sphere of public administration by public agencies, enterprises and NGOs with public administration powers, also lawfulness and validity of the refusal by the above entities to perform the actions assigned within their competence or delay in performing the said actions; 11) lawfulness of acts of general character passed by public organisations, communities, political parties, political organisations or associations; 12) complaints by aliens about the refusal to issue permits for residence and work in Lithuania or withdrawal of such permits as well as complaints about the status of the refugee.
76. Other cases may also be assigned by law to the competence of administrative courts. Article
77. Cases not Assigned to the Competence of Administrative Courts
78. Administrative courts shall not hear cases assigned to the competence of the Constitutional Court, also cases assigned to the courts of general jurisdiction and other specialised courts.
79. Investigation of the activities of the President of the Republic, the Seimas, members of the Seimas, the Prime Minister, the Government (as a collegial body), judges of the Constitutional Court, the Supreme Court of Lithuania and the Court of Appeals of Lithuania, procedural actions of judges of other courts, also of prosecutors, investigators, persons conducting an inquiry and court bailiffs, connected with the administration of justice or investigation of a case as well as the execution of decisions shall be outside the remit of competence of administrative courts.
80. District courts shall be the courts of first instance hearing cases relating to administrative offences in accordance with the Code of Administrative Offences. Certain cases of administrative law violations provided for by the above Code shall also be heard by other state institutions (officers) authorised by laws. Article
81. Assignment of Administrative Cases to Courts
82. In case of joinder of several interconnected claims some of which are assigned to the competence of the court, whereas the others are outside the remit of competence of judicial institutions, all the claims must be heard in court.
83. If the assignment of a particular dispute raises doubts or results in the collision of effective laws, the dispute shall be heard in court.
84. If there are several interconnected claims in the case, some of which are assigned to the Vilnius Regional Administrative Court, whereas other claims are within the competence of administrative courts of other counties, the case must be heard at the Vilnius Regional Administrative Court.
85. Where the defendants in the proceedings are several entities of administration who are within the territorial jurisdiction of different courts, the issue of assignment of the case shall be decided according to the seat of the superior entity of administration. If the entities of administration are of equal legal status, the claimant shall have the right to choose the court in which the case shall be heard. Article
86. Competence of the Regional Administrative Court
87. The Regional Administrative Court shall be the court of the first instance for the cases specified in Article 15 of this Law, if the claimant or the respondent is a territorial entity of state administration or an entity of municipal administration, except for the cases referred to in Article 15 paragraph 1 subparagraphs 6, 11 and 12 of this Law.
88. Where the procedure of preliminary extrajudicial investigation is not applied, the Regional Administrative Court shall hear the following cases as the court of the first instance: 1) cases relating to lawfulness of regulatory administrative acts adopted by the territorial entities of administration or entities of municipal administration; 2) cases relating to the petitions by the Seimas Ombudsmen in accordance with the Law on the Seimas Ombudsmen, where the respondent is territorial entities of administration and entities of municipal administration; 3) cases relating to petitions lodged by municipal councils regarding the infringement of their rights, where the respondent is territorial entities of state administration; 4) on the petitions of the Government representative concerning the acts of municipal institutions and their officials, which are not in compliance with the Constitution of the Republic of Lithuania and the laws, concerning failure to implement laws and Government resolutions, concerning the lawfulness of the acts or actions infringing the rights of the residents and organisations; 5) cases concerning compensation for material and moral damage inflicted on a natural person or organisation by unlawful acts or omission in the sphere of public administration by territorial state or municipal institutions, agencies, services and their staff performing their official duties (Civil Code, Article 485); 6) in respect of office-related disputes in which one of the parties is a public servant or municipal employee with powers of public administration, with the exception of cases where the claimant or the respondent is a central institution, agency, service of administration or a staff member of any of the above and provided that the Law on Public Service does not prescribe any other dispute resolution procedure; 7) on the petitions in the event of disputes about competence or violation of laws between the entities of public administration not subordinate to each other (Article 15 paragraph 1 subparagraph 7 of this Law), except in cases where one of the parties to the dispute is a central administration institution, agency, service; 8) cases relating to complaints about the decisions of state institutions (officers) in the cases of administrative offences; 9) cases relating to complaints against the decision of the district electoral committee or the decision of the district committee for the Referendum on the mistakes made in the voter list or in the list of citizens entitled to participate in the Referendum; 10) concerning the petitions requesting to ensure enforcement of decisions of the administrative disputes commissions.
89. The Regional administrative court shall also be the court of the first instance for investigating complaints (petitions) against the decisions of the Chief Administrative Disputes Commission, the Tax Disputes Commission and, in cases provided for by law, also against the decisions adopted by other institutions for preliminary extrajudicial investigation of disputes. Article
90. Additional Competence of the Vilnius Regional Administrative Court
91. Along with the competence established in Article 18 of this Law, the Vilnius Regional Administrative Court shall be the court of the first instance in the cases pointed out in Article 15 of this Law, when the claimant or respondent is an entity of central administration, with the exception of the cases on the lawfulness of the regulatory administrative acts adopted by entities of central administration, as well as the cases pointed out in Subparagraph 11 of Paragraph 1 of Article 15 of this Law.
92. The Vilnius Regional Administrative Court, as a court of the first instance, shall hear the following cases without application of the procedure of preliminary extrajudicial investigation: 1) cases relating to the petitions by the Seimas Ombudsmen in accordance with the Law on the Seimas Ombudsmen, where the respondent is central entities of State administration; 2) cases relating to petitions lodged by municipal councils regarding the infringement of their rights, where the respondent is central entities of State administration; 3) cases concerning compensation for material and moral damage inflicted on a natural person or organisation by unlawful acts or failure to act in the sphere of public administration by a central administrative institution, establishment, service performing their official duties (Civil Code, Article 485); 4) in respect of office-related disputes in which one of the parties is a public servant with powers of public administration, in cases where the claimant or the respondent is a central institution, establishment, service of administration or a staff member of any of the above and provided that the Law on Public Service does not prescribe any other dispute resolution procedure; 5) cases subsequent to complaints concerning decisions adopted by the Chief Institutional Ethics Commission and petitions by the said Commission for the severance of service relations with public servants; 6) cases subsequent to the petitions in the event of disputes about empowerment or violation of laws regulating administrative relations (Subparagraph 7 of Paragraph 1 of Article 15 of this Law) in cases where the claimant or the respondent is a central administrative institution, establishment or service; 7) cases subsequent to complaints by aliens about the refusal to issue permits for residence and work in Lithuania or withdrawal of such permits, as well as complaints about the status of the refugee; 8) cases subsequent to complaints requesting to guarantee the implementation of decisions by the Chief Administrative Disputes Commission.
93. The Vilnius Regional Administrative Court shall also be a court of the first instance for investigating complaints (petitions) against the decisions of the Chief Administrative Disputes Commission, the Tax Disputes Commission and, in the cases provided for by law, also against the decisions taken by other institutions under the procedure of preliminary extrajudicial investigation of disputes. Article
94. Competence of the Supreme Administrative Court of Lithuania
95. The Supreme Administrative Court of Lithuania is: 1) the appellate instance for cases heard by the administrative courts as courts of the first instance, including cases concerning administrative offences; 2) the appellate instance for hearing cases on administrative offences, which have been heard by district court; 3) the single and last instance for the cases relating to the lawfulness of regulatory administrative acts adopted by the central entities of state administration as well as for the cases referred to in Article 15 paragraph 1 subparagraph 11 of this Law; 4) the last instance for the cases relating to the complaints against the decisions or omission of the Central Electoral Committee, with the exception of those assigned to the competence of the Constitutional Court; 5) the last instance for deciding the issues concerning the assignment of administrative cases to the relevant courts.
96. The Supreme Administrative Court of Lithuania shall hear petitions for renewal of proceedings in administrative cases, including cases of administrative offences, which have been disposed of by virtue of an effective court decision, ruling or order.
97. The Supreme Administrative Court of Lithuania shall form the uniform practice of the administrative courts in applying laws.
98. The Supreme Administrative Court of Lithuania shall also fulfil other functions assigned to its competence by laws. Article
99. Determination of the Issues regarding the Amenability of the Case to the Jurisdiction of Relevant Courts
100. The issues of whether the case is amenable to the jurisdiction of the court of general jurisdiction or to the administrative court shall be decided in the course of written proceedings by a special chamber of judges comprising the Chairman of the Civil Division of the Supreme Court of Lithuania, the Chairman of the Civil Division of the Court of Appeals of Lithuania as well as the Chairman of the Supreme Administrative Court of Lithuania and his deputies or the judges assigned by the chairmen of the relevant courts.
101. Motivated petitions or orders to determine the issues of assignment of the case to the relevant courts shall be filed through the Supreme Administrative court of Lithuania. The sessions of the chamber shall be presided over in rotation by the Chairman of the Civil Division of the Supreme Court of Lithuania and the Chairman of the Supreme Administrative Court of Lithuania. The decision shall be taken by a majority vote. In case of a tie vote, the presiding judge shall have the casting vote. The order concerning the case being subject to the jurisdiction of relevant courts shall not be subject to appeal. SECTION THREE GENERAL PROVISIONS CONCERNING THE COMPLAINTS/PETITIONS Article
102. Right to File a Complaint/Petition
103. Persons as well as other entities of public administration, including state and municipality public administration employees, officers and agency heads shall have the right to file a complaint/petition against an administrative act adopted by an entity of public or internal administration or against the act (omission) of the above entities if they believe that their rights or interests protected by law have been infringed.
104. The complaint/petition shall be filed directly with the administrative court in the cases provided for in Article 18 paragraph 2 and Article 19 paragraph 2 of this Law.
105. In the cases provided for by law the complaint/petition shall be filed in the first instance with the administrative disputes commission or any other institution for preliminary extrajudicial investigation of disputes, thereafter the complaint may be also be filed with the administrative court.
106. In other cases the complaint/petition may be filed at the claimant's discretion either with the administrative disputes commission or directly with the administrative court.
107. A complaint/petition may be sent by post, except in case of disputes provided for in Article 18 paragraph 2 subparagraph 9 and Article 20 paragraph 1 subparagraph 4 of this Law. If the complaint/petition is sent by fax, the original copy of the complaint/petition must be within three days filed with the court. Article
108. The Form and Contents of the Complaint/Petition
109. Complaints/petitions shall be filed with the administrative disputes commission or administrative court in writing.
110. The complaint/petition must contain the following: 1) the name of the commission or the court with which the complaint/petition is filed; 2) the claimant's name, surname (name of the institution), personal code number (code number), place of residence (seat), also name, surname and address of his representative, if any; 3) name, surname, personal code number (if known), the office of the public servant whose actions are complained about or the name, seat of the institution (entity of administration); 4) name, surname (name), personal code number (code number, if known), place of residence (seat) of the third interested persons; 5) the particular contested action (omission) or act, date of its performance (adoption); 6) the circumstances upon which the claimant's claim is based, supporting evidence, surnames, first names and place of residence of witnesses, location of other evidence; 7) the claimant's claim; 8) the list of attached documents; 9) place and date of the drawing up of the complaint/petition.
111. The complaint/petition shall be signed by the claimant or his representative. The power of attorney or any other document confirming the representative’s authorisation must be attached to the complaint/petition filed by the representative. Article
112. Documents Accompanying the Complaint/Petition
113. The following documents shall be attached to the complaint/petition: the challenged act; a relevant decision of the administrative disputes commission or any other institution for preliminary extrajudicial investigation of disputes if the complaint/petition has been heard in the administrative disputes commission or any other institution for preliminary extrajudicial investigation of disputes; if necessary -- a document confirming the date of filing of demands or objections addressed to the institution, agency, service against which the complaint is lodged.
114. The stamp duty receipt or a justified request for exemption must be attached to the complaint/petition, except in the cases specified in Article 40 of this Law.
115. The number of copies of the complaint/petition and the attached subparagraphs must be sufficient to deliver copies thereof to each party to the proceedings, with a copy of documents being reserved for the court file. SECTION FOUR PRELIMINARY EXTRAJUDICIAL CONSIDERATION OF COMPLAINTS/PETITIONS Article
116. Preliminary Extrajudicial Investigation of Disputes
117. Before applying to the administrative court, individual legal acts adopted by public administration entities provided for by law as well as their acts/omission may be and in the cases established by law must be contested by applying to the institution for preliminary extrajudicial investigation of disputes.
118. When a complaint/petition is filed for extrajudicial investigation of the dispute, the form and contents thereof must meet the requirements set in Article 23 of this Law. Article
119. Administrative Disputes Commissions, the Procedure of their Establishment and Work
120. Unless the laws provide otherwise, preliminary extrajudicial investigation of disputes shall be carried out by municipal public administrative disputes commissions, Regional administrative disputes commissions and the Chief Administrative Disputes Commission.
121. The procedure of establishment of administrative disputes commissions and the principles of their work shall be laid down by a separate law.
122. The decisions or actions/omission of entities of tax administration on the issues of taxes, other mandatory payments, except for tax-related disputes, may be filed selectively with either the Tax Disputes Commission or directly with the administrative court. The obligatory preliminary extrajudicial consideration of tax-related disputes shall be established by tax laws.
123. Other institutions for preliminary extrajudicial investigation of disputes may also be prescribed by law for certain categories of administrative disputes. Article
124. The Competence of Municipal and Regional Administrative Disputes Commissions
125. Unless otherwise established by law, a person’s complaint concerning individual administrative acts adopted by entities of public administration or their acts (or omission) may be filed with the municipal public administrative disputes commission.
126. Unless the laws provide otherwise, a complaint/petition concerning individual administrative acts adopted by territorial entities of state administration located in the Regional, their acts (or omission), also concerning individual administrative acts adopted by the entities of municipal administration located in the Regional territory or their acts (or omission) may be filed with the Regional administrative disputes commission. Article
127. Competence of the Chief Administrative Disputes Commission Unless the laws provide otherwise, complaints/petitions concerning administrative acts or acts (or omission) in the sphere of public administration, where one of the parties to the dispute is the central entity of state administration, may be filed with the Chief Administrative Disputes Commission. Article
128. Disputes outside the Jurisdiction of Administrative Disputes Commissions Municipal, Regional administrative disputes commissions and the Chief Administrative Disputes Commission shall not settle disputes specified in Article 18 paragraph 2 and 3, Article 19 paragraphs 2 and 3 and Article 20 paragraph 1 of this Law, also disputes related to taxes, other mandatory payments and charges.. Article
129. Time Limits for Filing Complaints/Petitions with Administrative Disputes Commissions
130. A complaint/petition must be lodged with the administrative disputes commission within one month from the publication of the challenged administrative act or the day of delivery to the party concerned of the individual act or its notification of the acts (omission) of the administration (employees) or within two months from the day of expiry of the time limit set for complying with the demand.
131. In cases where the administration (employees) fail to perform their duties or delay the adoption of decisions, a complaint about such omission/delay may be lodged within two months from the day of expiry of the time limit set for the settlement of the issue. Article
132. Time Limits for Preliminary Extrajudicial Investigation of Complaints
133. An complaint/petition filed with the administrative disputes commission must be investigated by extrajudicial procedure and a decision thereon must be made within fourteen days from the receipt of the complaint.
134. As necessary, the total time-limit for considering the dispute may be extended for an additional period of fourteen days upon a justified decision of the commission. SECTION FIVE BASIC RULES OF FILING COMPLAINTS/PETITIONS WITH THE ADMINISTRATIVE COURT Article
135. Filing of Complaints/Petitions with the Administrative Court Contesting the Decision of the Commission
136. The decision of an appropriate administrative disputes commission or any other institution for preliminary extrajudicial investigation of disputes, adopted after investigating an administrative dispute in accordance with the extrajudicial procedure, may be appealed against to the administrative court by any of the parties to the dispute, contesting the decision of the administrative disputes commission or any other institution for preliminary extrajudicial investigation of disputes. In such an event the administrative court may be appealed to within 20 days of the day of receipt of the decision.
137. If the administrative disputes commission or any other institution for preliminary extrajudicial investigation of disputes fails to consider the complaint/petition within the prescribed time limit, the entities specified in Article 22 paragraph 1 of this Law may file with the administrative court an complaint/petition about the infringed right within two months from the day by which the decision ought to have been taken.
138. After a complaint has been lodged against the decision of the administrative disputes commission or any other institution for preliminary extrajudicial investigation of disputes, the procedural status of the parties to the dispute shall not change. Article
139. Other Time Limits for Filing Complaints/petitions with the Administrative Court
140. Unless a special law establishes otherwise, a complaint/petition may be filed with the administrative court within one month from the day of publication of the contested act or the day of delivery of the individual act to party concerned or the notification of the party concerned of the act (or omission) or within two months from the day of expiry of the time limit set by a law or any other legal act for the compliance with the demand.
141. If the entity of public or internal administration delays the consideration of a certain issue and fails to resolve it by the due date, a complaint about such failure to act (such delay) may be lodged within two months from the day of expiry of the time limit set by a law or any other legal act for the settlement of the issue.
142. No time limits shall be set for the filing of petitions for the review of the lawfulness of administrative legal acts with the administrative court. Article 34 Restoration of the Status Quo Ante
143. If it is recognised that the time limit for filing a complaint/petition have not been observed for a good reason and there are no circumstances specified in a 37 paragraph 2 subparagraphs 1 to 7 of this Law, at the claimant's request the administrative court may grant restoration of the status quo ante.
144. The petition for the restoration of the status quo ante shall indicate the reasons of failure to observe the time limit and present the evidence confirming the reasons of failure to observe the time limit. The complaint/petition shall be filed with the administrative court together with the petition for the restoration of the status quo ante.
145. The petition for the restoration of the status quo ante for filing the complaint/petition shall be considered by the chairman of the court, the judge or the chamber of judges formed by the chairman of the court in accordance with the written proceedings within ten days from the filing with the court of the petition accompanied by the evidence confirming the reasons. The claimant may file a separate appeal against the order to refuse granting the restoration of the status quo ante in case of failure to observe the time limit for filing the complaint. Upon the entry into effect of the order to refuse granting the restoration of the status quo ante in case of failure to observe the time limit for filing the complaint, the complaint shall be returned to the claimant.
146. Having granted the restoration of the status quo ante, the administrative court shall resolve the issue of acceptance of the complaint/petition and shall render decision on the merits in accordance with the procedure established by this Law. Article
147. Filing of Complaints/Petitions according to the Location of the Institution The complaint/petitions hall be filed with the administrative court within the territory of whose jurisdiction the seat of the entity of public or internal administration whose legal acts or acts/or omission are contested is located. Article
148. The Claim of the Seimas Ombudsman In cases where, pursuant to the Law on the Seimas Ombudsmen, the Seimas Ombudsman applies to the administrative court on account of the citizen’s complaint, his petition must be in compliance with the requirements of Article 23 paragraphs 1 and 2 and Article 24 paragraph 3 of this Law. Article
149. Admission of the Complaint/Petition
150. After the court has received a complaint/petition, the chairman or the judge of the administrative court shall within seven days decide the issue of acceptance thereof by making an order. If the complaint/petition does not comply with the requirements set in Articles 23, 24 and 39 of this Law, the order shall set the time limit for rectifying the shortcomings. In case of failure to rectify the shortcomings within the time limit set by the court, the complaint/petition shall be deemed not to have been filed and shall be returned to the claimant by virtue of a court order. A separate appeal may be filed against the order to return the complaint/petition to the claimant.
151. The chairman of the administrative court or the judge/the court shall by virtue of an order declare the complaint/petition not receivable if: 1) the complaint/petition is not subject to investigation by the court; 2) the case does not come within the jurisdiction of the court; 3) the claimant has not complied with the procedure for extrajudicial consideration of the case established by the law for the cases of the said category; 4) the court decision adapted in relation to a dispute between the same parties thereto, regarding the same subject matter and on the same ground, or a court order to accept the claimant's withdrawal of the complaint/petition has become effective; 5) the court seised is of a case relating to a dispute between the same parties, regarding the same subject matter and on the same ground; 6) the complaint/petition is filed by a legally incapacitated person; 7) the complaint/petition is filed on behalf of the interested person by a person not authorised to conduct the proceedings; 8) the time limit for filing a complaint/petition has lapsed and the claimant has not requested to be granted the restoration of the status quo ante or the court has dismissed the request.
152. In the order declaring the complaint/petition not receivable the chairman of the court or the judge must indicate the institution the claimant has to apply to if the case is not subject to investigation by the court or the way of eliminating the circumstances which make the complaint/petition not receivable. The order must also direct that the stamp duty should be repaid in the cases where such duty was paid when filing the complaint/petition. A transcript of the order made by the chairman or judge of the court, declaring the complaint/petition to be not receivable, shall be within three days after the making of the order delivered or communicated to the claimant. A separate appeal may be filed against the order of the court chairman or judge to declare the complaint/petition to be not receivable. After the order becomes effective, the complaint/petition shall be returned to the claimant.
153. If the claimant fails to indicate in the complaint the respondent or the third interested party or indicates not the actual respondent or third interested party, or indicates the persons whose rights and duties are not affected by the dispute, but sufficiently clearly defines in his complaint the subject matter of the dispute (indicates the contested legal act, the challenged act or omission to omission, or delay in performing actions) and the entity of administration the act adopted by whom, or whose act or omission, or delay constitutes the subject matter of the complaint, the chairman or judge of the court may eliminate the shortcomings by virtue of an order. In such case an order to declare the complaint/petition to be receivable shall be made, indicating who shall be included as the party to the administrative proceedings as the respondent/respondents and/or the third interested party/parties. The final decision on the replacement of a party by the appropriate one shall be made by the court during the preparatory part of the court session. SECTION SIX LEGAL COSTS Article
154. Stamp Duty Except in cases provided for by law, complaints/petitions shall be received and heard by the administrative courts only after the payment of the stamp duty prescribed by the law. Article
155. Amount of Stamp Duty
156. Every complaint/petition in the administrative cases, irrespective of the demands made therein, shall be subject to a stamp duty in the amount of LTL 100, save for the exceptions specified in Articles 40 and 41 of this Law.
157. An appeal for the review of a court decision shall be subject to the stamp duty in the amount of LTL
158. Article
159. Complaints/Petitions Exempt from Duty
160. Exempt from stamp duty shall be complaints/petitions relating to: 1) delay by the entities of public administration to perform the actions assigned within the remit of their competence; 2) awarding of pensions or refusal to award the same; 3) violations of election laws and the Law on the Referendum; 4) petitions by public servants and municipality employees when they concern legal relations in the office; 5) petitions by tax administrators and their officers concerning recovery of taxes and other payments into the budget, also their petitions concerning tax disputes; petitions by officers about the recovery of levies; 6) petitions by state and municipal control officers relating to the recovery into the State or municipal budgets of unlawfully received income or misappropriated grants, subsidies and allocations; 7) petitions, in the cases provided for by laws, by the prosecutors, entities of administration, other State institutions, agencies, organisations, services or natural persons, relating to the protection of State or other public interests, as well as the petitions by the government institutions, agencies or their staff members prescribed by laws concerning the protection of other individuals’ rights; 8) petitions by the Seimas Ombudsmen in accordance with the Law on the Seimas Ombudsmen; 9) petition by the Government representative concerning the acts adopted by municipal institutions, agencies, services as well as unlawful actions of their staff members; 10) imposition of administrative sanctions or refusal to impose the sanctions; 11) compensation for damage inflicted upon a natural person or organisation by unlawful acts/omission in the sphere of public administration of a State or municipal institution, agency, service or its staff member in the performance of official duties (Article 485 of the Civil Code).
161. Other petitions to the administrative court by the entities of public administration which are directly related to public administration functions performed by them shall also be exempt from stamp duty.
162. Exempt from stamp duty shall also be separate appeals by the parties to the proceedings, also appeals against decisions of administrative courts adopted on the complaints/petitions specified in paragraphs 1 and 2 of this Article as well as petitions by entities specified in Article 110 paragraphs 1 and 2 of this Law, contesting the legality of an administrative act or other act of general character.
163. The court shall have the right to demand that stamp duty be paid by the persons who abuse the right to legal remedy (i.e. who appeal to the court without a valid reason or more than once a month). Article
164. Exemption from Stamp Duty Having regard to the property status of a natural person or group of natural persons, the administrative court may grant them a full or partial exemption from stamp duty. The petition for exempting the natural person from stamp duty must be justified and substantiated by appropriate evidence. Article
165. Repayment of Stamp Duty
166. The paid stamp duty or part thereof shall be repaid: 1) in case of overpayment in excess of the amount prescribed by law; 2) if the claimant withdraws his complaint/petition; 3) when the complaint/petition or petition is found to be not receivable or when they are returned to the claimant; 4) in the event of dismissal of the case where the case is not subject to investigation by the court or when the claimant has not observed the procedure of preliminary extrajudicial settlement of dispute prescribed for the cases of the particular category and it is no longer possible to use the procedure; 5) when the complaint/petition is not admissible for hearing unless the claimant makes use of the possibility to follow the procedure of preliminary extrajudicial dispute settlement prescribed for the cases of the particular category where there is still an opportunity to make use of the same procedure; 6) when the complaint/petition is not admissible for hearing where the complaint/petition has been filed by a legally incapacitated person or the person not authorised to conduct the proceedings; 7) when the complaint filed with the court is found not receivable.
167. Stamp duty shall be repaid by the State Tax Inspectorate on the basis of the court or judge's order, provided that the petition has been filed with the court within at least two years of the date on which the judge's order to declare the petition not receivable or to return the petition as well as the court order to dismiss the case or to leave the petition unconsidered was made. Where an overpaid amount of the stamp duty is subject to be returned, the said time period shall run from the date of entry into effect of the court decision, order or ruling. Article
168. Other Costs Relating to the Investigation of the Case
169. The following shall be attributed to costs relating to the investigation of the case: 1) amounts paid to the witnesses, specialists, experts and organisations of experts; 2) costs of publication in the press of information regarding the venue and time of the hearing.
170. For keeping and recovering the amounts payable to the witnesses, specialists, experts and organisations of experts a special account shall be opened in the bank according to the location of the court.
171. The amounts payable to the witnesses, specialists, experts and organisations of experts shall be paid in advance by the party which made an appropriate request.
172. If the above-mentioned requests have been made by both parties, or if the witnesses, specialists and experts are summoned or the examination is carried out on the initiative of the court, the required amounts shall be paid in by the parties to the proceedings in equal amounts.
173. The specified amounts shall be paid into a special bank account of the court. Having regard to the property status of the natural person or group of natural persons, the administrative court may fully or in part exempt them from the payment into the special court account of the amounts specified in this Article which are connected with the investigation of the case. The request for exemption from the payment into the account of the said amounts must be justified and substantiated by relevant evidence. The aggrieved party may also be exempted from the payment into the account of the amounts indicated in this Article.
174. After the witnesses, specialists and experts have performed their duties, the court shall pay out the amounts due to them from the special account of the court and the amounts payable to the interpreter - from the budget resources allocated for the purpose.
175. The amounts unpaid in by the parties, which are payable as costs connected with the investigation of the case, shall be awarded into a special account of the court from the nonprevailing adverse party to the proceedings or from the parties to the proceedings in proportion to the amount of the satisfied and refused claims. Article
176. Recovery of Costs by the Parties to the Proceedings
177. The prevailing party to the proceedings shall be entitled to recover costs from the nonprevailing adverse party.
178. When the claimant has obtained a decision in his/its favour, he/it shall be entitled to recover: the paid stamp duty; other costs relating to the drawing up and filing of the complaint/petition; costs connected with the investigation of the case; transport costs; the costs of renting of accommodation during the proceedings and the daily allowance in the amount of 10% of the approved sum of the minimum living standard for every day of the proceedings.
179. The claimant's right to recovery of costs provided for in paragraph 2 of this Article shall not be forfeited when the claimant withdraws his petition/complaint after the friendly settlement of the claim by the adverse party following the filing of the petition/complaint with the court.
180. When the decision is adopted in the respondent's favour, he shall be entitled to recover costs incurred while preparing the submission to the court written documents; other costs connected with the investigation of the case; transport costs; the costs of renting of accommodation during the proceedings and the daily allowance in the amount of 10% of the approved sum of the minimum living standard for every day of the proceedings.
181. When the third persons obtain a relief or remedy following the hearing of the case, the said parties shall have the rights specified in paragraph 2 of this Article to recover the costs.
182. The party to the proceedings in whose favour the decision has been adopted shall also be entitled to reimbursement of representation expenses. The issue of reimbursement of representation expenses shall be determined in accordance with the procedure laid down by the Code of Civil Procedure and other legal acts. Article
183. Taking a Decision on the Recovery of Costs
184. The party interested in the recovery of costs shall file with the court a written petition with the calculation and substantiation of the costs incurred. Petitions for the recovery of costs that have not been filed with the court by the termination of the hearing of the case on the merits must be filed with the court within 14 days after the coming into effect of the decision.
185. The court shall hear the petitions filed with the court before the termination of the hearing of the case on the merits by adopting a decision on the administrative case. In other cases the court shall as a rule dispose of the petition for the recovery of costs by making an order in a written proceeding.
186. The order made by the court of the first instance on the recovery of costs may be appealed to the Supreme Administrative Court of Lithuania within seven days from its pronouncement. CHAPTER SEVEN COMPOSITION OF THE COURT. DISQUALIFICATIONS Article
187. Composition of the Administrative Court
188. Cases provided for in Article 15 paragraph 1 subparagraphs 3, 5 and 9 of this Law, except for the complaints about the rulings of the district court in the cases of administrative offences, shall be heard by one judge, whereas other cases shall be heard by a chamber of three judges. In certain cases a chamber of judges may also be formed by virtue of an order of the chairman of the court for the hearing of cases for which the hearing by a single judge is provided.
189. At the Supreme Administrative Court of Lithuania cases shall be heard before a chamber of three judges. For hearing complex cases an expanded chamber of five or seven judges may be formed on the initiative of the chairman of the court or on the recommendation of the chamber or the case may be referred to the plenary session of the court.
190. The composition of the chamber of judges shall be formed, its chairman and judge rapporteur shall be appointed by the chairman of the administrative court or the chairman of the Supreme Administrative Court of Lithuania.
191. The judge who participated in the hearing of the administrative case and in the rendering of the decision/order/ruling on the merits therein may not participate in the hearing of the case either in the appellate court or in the hearing de novo of the case in the court of the first instance. The rule shall not be applicable when an extended chamber of judges is formed in the Supreme Administrative Court of Lithuania or when the case is referred to the plenary session of the court.
192. Cases shall be prepared for the hearing and separate procedural actions shall be performed by a single judge on behalf of the court. The issues which the judge is entitled to decide on his own may also be decided by the chamber of judges or the plenary session of the court. Article
193. Disqualification of the Judge and Other Persons
194. The judge, the recording clerk of the court hearing, the specialist, the expert and the interpreter may not participate in the hearing of the case and must be disqualified if they themselves are directly or indirectly interested in the disposition of the case or there are other circumstances which give reasons to doubt the impartiality of the above persons.
195. The judge may not participate in the hearing of the case if: 1) he participated in the legal proceedings initiated prior to his involvement in the case in the capacity of a witness, specialist, expert, interpreter, representative, the prosecutor, the recording clerk of the court hearing; 2) he is in family relationship with the parties, other participants in the proceedings or judges of the chamber; 3) he himself or his relatives have a direct or indirect interest in the disposition of the case or if there are circumstances which give reason to doubt his impartiality.
196. The reasons for disqualification specified in paragraph 2 subparagraphs 2 and 3 of this Article shall also be applicable with respect to a specialist, expert, interpreter and the recording clerk of the court hearing. In addition, an expert may not participate in the investigation of the case if: 1) he is subordinate in his employment or otherwise to at least one of the parties or other participants in the proceedings; 2) he carried out an audit the material whereof served as the ground for instituting the proceedings; 3) he is found to be incompetent.
197. The fact that the specialist, the expert, the interpreter and the recording clerk of the court hearing were involved in the previously held investigation of the case accordingly as a specialist, expert, interpreter, and recording clerk of the court hearing shall not be grounds for their disqualification.
198. If there are circumstances specified in this Article, the judge, specialist, expert, interpreter, recording clerk of the court hearing shall make a request for their disqualification. The participants in the proceedings may request their disqualification on the above-stated grounds.
199. Disqualification must be justified and requested prior to the commencement of the hearing of the case on the merits. Subsequently, the request for disqualification shall be admissible only if the person submitting the request gets knowledge of the grounds on which it is made after the commencement of the hearing of the case on the merits.
200. After the request for disqualification has been made, the court must hear the opinion of the participants in the proceedings as well as the explanation of the person whose disqualification is requested, if the person is willing to explain. The issues of disqualification and self-disqualification shall be determined by the judge hearing the case or the court in the conference room. SECTION EIGHT PARTICIPANTS IN THE ADMINISTRATIVE PROCEEDINGS Article
201. Parties to and Participants in the Proceedings
202. Parties to the dispute/administrative case shall be the claimant and the respondent.
203. Parties to the administrative proceedings shall be: the claimant (the entity who filed the complaint, petition; the court, which issued the order); the respondent (the institution, agency, service, the employee whose acts or actions are contested); the third interested persons (i.e. those persons whose rights or duties may be affected by the disposition of the case).
204. Participants in the administrative proceedings shall be: parties to the proceedings and their representatives, also the prosecutor, entities of administration, organisations and natural persons participating in the case on the grounds specified in Article 56 of this Law. Article
205. Representation in the Court
206. The parties to the proceedings shall defend their interests in the court themselves or through their representatives. By participating in the case the party shall not forfeit the right to be represented in the case. State institutions, agencies, services shall be entitled to obtain the assistance of representatives of the interested superior State institutions.
207. The heads of the appropriate institutions, agencies, services, enterprises, organisations and, in the cases provided for by laws or other legal acts, other employees acting within the powers granted on the basis of law or other legal acts, shall be heard as statutory representatives. The said persons shall submit to the court documents confirming the office held by them. The court which applied to the administrative court shall be represented by the judge who issued the order (or the chairman of the chamber of judges).
208. As a rule, counsel for defence shall act as attorneys in the court (acting under the power of attorney). The powers of the counsel or assistant counsel shall be confirmed by the warrant of attorney of the counsel or assistant counsel or the agreement concluded with the client. The powers of other representatives must be specified in the power of attorney issued and executed according to the procedure laid down in the Civil Code and the Code of Civil Procedure.
209. Where a party to the proceedings is a minor or a disabled person, their statutory representatives (parents, adoptive parents, foster parents, guardians) shall have the right to represent their interests. Article
210. Powers of Representatives
211. The statutory representatives shall perform on behalf of the represented persons all procedural actions which the represented persons are entitled to perform; at the same time the restrictions provided for by laws shall be applied. The statutory representatives may delegate the authority to conduct the proceedings in the court to another person, chosen by them as the representative.
212. The attorney's power of attorney to handle a case in the court entitles the attorney to perform all procedural actions on behalf of the principal except for: 1) referring the case to another court or institution; 2) full or partial withdrawal of the complaint/petition; 3) allowing of claims presented in the complaint/petition; 4) changing the grounds or subject matter of the complaint/petition; 5) appealing against the decision or order of the court; 6) delegation of power of attorney to another person; 7) receiving the writ of execution and presenting the same for execution; 8) receiving the awarded sums.
213. The authority to perform any of the actions specified in this Article paragraph 2 subparagraphs 1-8 shall be the subject of special consideration in the attorney's power of attorney. Article
214. The Right of Access to the Case File of the Participants in the Proceedings. Making of Copies
215. The participants in the proceedings shall have the right to examine in the court the documents, other material of the case, and, with the leave of the court/the judge, make copies and transcripts thereof at their own expense.
216. The party or the institution submitting documents or material to the court, which contain data constituting State, official, professional or commercial secret, may request that the court refrain from granting access to the data and allowing to make copies thereof. The court shall make an order on the issue.
217. The charge in the amount set by the Minister of Justice shall be payable for the copy of every page of the case file. The amount received for making copies of the case file shall be deposited in the special account of the court and used for purchasing, maintaining the copying equipment and for paying other clerical expenses. Article
218. Withdrawing the Complaint/petition The claimant shall have the right to withdraw the complaint/petition before it is found to be receivable, also to specify and change the grounds or subject matter of the complaint/petition, or to withdraw the complaint/petition at any stage of the investigation of the case before the court retires to the conference room. Article
219. Other Rights and Duties of the Parties to the Proceedings
220. The parties shall have equal procedural rights. The special character of the procedural rights of the parties in the cases of separate categories shall be established by special laws.
221. The parties to the proceedings shall have the right to request disqualification and submit petitions, submit evidence, take part in the examination of evidence, put questions to other participants in the proceedings, witnesses, specialists and experts, present explanations, present their arguments and reasoning, to object to the petition, arguments and reasoning of other parties to the proceedings, to apply to the court for the order regarding nondisclosure of the case material, to obtain transcripts of the court decisions, rulings and orders by virtue whereof the case was disposed of, to appeal against the court decisions, rulings and orders and to exercise other rights provided for by this Law.
222. The procedural rights of the parties to the proceedings (with the exclusion of the courts, counsel for the defence and prosecutors) shall be explained to them in writing, delivering to them or sending them the explanation of their rights attached to the summons. The parties to the proceedings must exercise their procedural rights in good faith. Article
223. Replacing the Inappropriate Party If the court establishes in the course of the investigation of the case that the complaint/petition has been filed not by the person who has the right of claim, or to the inappropriate respondent, it will have the right to replace them, with the claimant's consent, by the appropriate claimant or respondent. In case the claimant refuses to give his consent, the court shall hear the case on the merits, and the persons summoned by the court shall participate in the proceedings with the rights of the third interested persons. Article
224. Succession to the Procedural Rights
225. Where one of the parties withdraws from the case (by reason of a person's death, dissolution of the legal person, reorganisation or liquidation of the institution or organisation or transfer of the claim), the court shall replace the party by its legal successor. The taking over of the rights may be effected at any stage of the proceedings.
226. All the actions performed in the course of the proceedings before the participation of the legal successor shall be binding on him to the extent they would be binding on the person in whose stead the legal successor is participating in the proceedings. Article
227. Procedural Rights of the Prosecutor, Entities of Administration, State Institutions, Agencies, Organisations, Services and Natural Persons Protecting the Rights of the State, Municipality and Persons
228. In the cases established by law the prosecutor, the entities of administration, State institutions, agencies, organisations, services, or natural persons may apply to the court with a petition for the protection of the public interest or protection of the rights of the state, municipality and persons as well as the interests protected by laws.
229. The entities specified in paragraph 1 of this Article shall have the procedural rights and duties of the party to the proceedings. Withdrawal by the above-stated persons of the petition filed by them shall not deprive the person, for the protection of whose rights and interests the petition was filed, of the right to demand that the court should hear the case on the merits. The court may not accept the withdrawal of the petition filed by the entities specified in paragraph 1 of this Article, if this is contrary to law or public interest or infringes anyone's rights or interests protected by law. SECTION NINE EVIDENCE Article
230. Evidence
231. Evidence in an administrative case are all factual data found admissible by the court which hears the case and based whereon the court finds, according to the procedure established by law, that there are circumstances which justify the claims and rebuttals of the parties to the proceedings and other circumstances which are relevant to the fair disposition of the case or that there are no such circumstances.
232. The above-mentioned factual data shall be established with the help of the following means: explanations of the parties to the proceedings and their representatives, the testimony of witnesses, explanations of specialists and opinion of experts, physical evidence, documents and other written, audio and visual evidence.
233. As a rule, the factual data which constitutes a state or official secret may not be evidence in an administrative case, until the data have been declassified in the manner prescribed by law.
234. The evidence shall be submitted by the parties to the proceedings and other participants in the proceedings. As necessary, the court may advise the said persons should submit additional evidence or upon the request of the these persons or on its own initiative compel the production of the required documents, demand that the officers give explanations.
235. The evidence collected and documented in the manner prescribed by law shall retain its evidential value in all stages of the proceedings and as a rule they shall not be subject to review de novo.
236. No evidence shall have for the court any value set in advance. The court shall assess the evidence according to their inner conviction based on the scrupulous, comprehensive and objective review of all the circumstances of the case on the basis of the law as well as the criteria of justice and reasonableness. Article
237. Circumstances or Facts which are not Subject to be Proved
238. The circumstances recognised by the court as commonly known shall not be required to be proved.
239. The facts established by the effective court decision in one administrative or civil case shall not be required to be proved in another administrative proceedings in which the same persons are participating.
240. The facts presumed under the law as having been established shall not be required to be proved while hearing the case. Such renewal s may be rebutted according to the general procedure.
241. An effective court decision in a criminal case shall be binding on the court which hears administrative cases regarding the administrative legal consequences of the actions by the person in respect of whom the court decision has been rendered. Article
242. Responsibility of Persons Summoned to the Court
243. If the person summoned to the court fails to put in an appearance, he may be brought to the court upon the court or judge's order. Failure to appear in the court or refusal to give evidence, explanations or opinion in the court may be punishable by a fine in the amount of up to LTL 1 000 or detention in custody for the term of up to one month.
244. Giving knowingly false witness's testimony, presenting the expert's or auditor's false opinion, the specialist's false explanation or findings, also for knowingly false translation/interpretation by the translator/interpreter shall make the persons liable under the Criminal Code and the Code of Administrative Offences. The judge hearing the case or the court shall warn the witness, specialist, expert, translator/interpreter thereof against their signature. Article
245. Witness
246. The person summoned as a witness must appear in the court and give truthful testimony. Upon the court's decision the witness may be examined in the place of his residence or employment.
247. The person who requests a witness to be summoned must indicate the witness's name and surname, place of residence or employment and the circumstances material to the case, which the witness is able to corroborate.
248. The following persons may not be summoned ands examined as witnesses: 1) representatives in a civil case and counsel for the defence in a criminal case, concerning the circumstances which came to their knowledge in this capacity; 2) persons who due to their physical or mental deficiencies are unable to correctly comprehend the circumstances material to the case or to give true testimony in relation thereto; 3) clergymen, concerning the information that became known to them under the seal of confession. Article
249. Specialist
250. Specialists shall be invited where, special knowledge is required in the court in the course of the investigation of the case for examining and evaluating documents, articles or actions.
251. The explanations of the specialist shall be recorded in a separate document and signed by the specialist or recorded in the minutes of the court hearing. In the latter case the specialist shall have the right of access to the minutes and shall be entitled to present his comments in writing under his signature. Article
252. Expert and his Opinion
253. If questions arise in the administrative case which require special knowledge in the sphere of science, art, technology and crafts, the court or the judge shall appoint an expert or charge an appropriate expert institution to carry out the expert examination.
254. The questions on which the opinion of an expert is requested may be put to the court by each participant in the proceedings, however, the questions shall be finally determined by the court or the judge.
255. The expert's opinion shall be presented in writing in the report of the expert examination. Where there are several experts appointed to the case, their joint opinion shall be signed by those of them who advance the opinion . The experts who disagree with them shall draw up their opinion separately.
256. The expert's opinion shall not be binding on the court. However, the court must motivate its disagreement with the expert's opinion. Article
257. Rights of the Specialist and Expert
258. The specialist and the expert shall have the right to examine the case material, be present at the hearing of the case, put questions to the parties to the proceedings, witnesses, request the court for additional material, if this is required in order to give explanations or opinion.
259. The specialist and expert shall have the right to refuse to give explanations or opinion if he considers the presented material insufficient for giving explanations or opinion or that the question put to him is outside his remit. Article
260. Letters Rogatory
261. When it is necessary to collect evidence in another town or district, the court which hears the case shall send a communication requesting the relevant court to perform certain procedural actions. If the evidence is in a foreign state, the court which hears the case shall send a communication with a request to the court in the foreign country through the Ministry of Justice according to the procedure established by the international agreements to which the Republic of Lithuania is a party.
262. The order concerning a rogatory letter shall give a brief description of the merits of the case, indicate the circumstances which have to be discovered, the evidence which the court to which the rogatory letter is addressed has to collect. The order shall be binding on the court to which it is addressed and must be executed within ten days.
263. The rogatory letter shall be executed during the court session. The participants in the proceedings shall be informed of the time and place of the session, however, their non-appearance shall not preclude the execution of the rogatory letter.
264. The minutes and all the material collected during the execution of the rogatory letter shall be without delay sent to the court which hears the case. SECTION TEN PROCEDURAL TIME LIMITS Article
265. Procedural Time Limits
266. The procedural actions shall be performed within the time limits set by laws. Where the time limits have not been set by law, they shall be set by the court. The court may grant an extension of the time limits it has set.
267. As a rule the preparation of administrative cases for hearing in the court must be completed within one month from the day of acceptance of the complaint/petition.
268. The hearing of the case in the administrative court must be completed and the decision must be adopted in the court of the first instance within two months from the day of issuance of the order to hear the case in the court, unless the law establishes shorter time limits for the hearing.
269. As necessary, the above-mentioned time limit for the hearing of the case may be extended for up to one month and in the cases in which the legality of regulatory administrative acts is contested -- for up to three months. Article
270. Determining the Duration of the Procedural Time Limits
271. Time limits for performing procedural actions shall be determined by the fixed calendar day or by specifying the event which must occur or by a period of time. In the latter case the action may be performed within the duration of the entire period.
272. A time limit determined in years, months, weeks or days shall commence on the next day after the calendar day or event which corresponds to the day on which the time limit began.
273. A time limit determined in years shall expire on the appropriate day of the appropriate month of the last year. time limit determined in months shall expire on the appropriate day of the appropriate month of the last month. If the time limit which is determined in years or months expires in the month which lacks the appropriate day, the time limit shall be deemed to expire on the last day of the said month. A time limit determined in weeks shall expire on the appropriate day of the last week of the time limit.
274. If the end of a time limit falls on a day-off, the time limit shall expire at the next workday.
275. The performance of a procedural action for which a time limit has been set may last until 24.00 of the last day of the time limit. If the action must be performed in the court or any other institution, the time limit shall expire at the end of the fixed office hours.
276. The time limit shall not be considered missed if the complaint, documents or sums of money have been filed or delivered to the post or telegraph by 24.00 of the last day of the time limit. Article
277. Suspension of Procedural Time Limits and Consequences of the Missed Time Limits
278. The running of all unexpired procedural time limits shall be suspended upon the suspension of the proceedings. The suspension of the running of the time limits shall commence from the moment of emergence of circumstances which provide grounds for the suspension of the proceedings. From the day of renewal of the case, the procedural time limits shall continue.
279. The right to perform procedural actions shall lapse upon the expiry of the time limit set for the performance thereof by the court or the law. Complaints and documents filed after the expiry of the term shall be returned to the persons who filed them. CHAPTER TWO PROCEEDINGS IN THE COURT OF THE FIRST INSTANCE I. GENERAL ADMINISTRATIVE PROCEEDINGS SECTION ELEVEN PREPARATION FOR THE HEARING OF ADMINISTRATIVE CASES Article
280. Preparation for the Hearing of Administrative Cases in Court
281. The chairman or judge of the court who by virtue of an order recognised the appeal/petition to be receivable, shall, as necessary, determine the following mandatory issues relating to the preparation for the hearing of the case in the court: 1) take measures to secure the claim; 2) obligate the claimant to submit evidence or present additional explanation in writing as regards the submitted claims and set the time limits for execution; 3) send transcripts of the appeal/petition to the third interested person and the respondent and demand that the respondent present to the court the opinion within the specified time limit but not later than within fourteen days; 4) upon the request of the parties compel the production of evidence which the parties are unable to get or issue a certificate for receiving the evidence; 5) decide on the summoning of the specialist or on the conduct of the expert examination; 6) perform other actions necessary when preparing for the hearing of the case.
282. The chairman of the court or the judge shall issue the orders necessary for preparing the hearing of the case in the court without notifying the participants in the proceedings, except when deciding the issue of ordering the expert examination.
283. The material or documents demanded by the judge must be delivered to the court within three working days, unless another time limit is set by the judge.
284. Considering that there are no obstacles for the hearing of the case, the judge shall make a motion to the chairman of the court to refer the case to be considered at the court hearing. The order made by the chairman shall indicate: 1) the composition and chairman of the chamber; 2) time and venue of the hearing; 3) request to send summonses to the persons participating in the proceedings and notify them of the hearing in any other manner; 4) request to send transcripts of the complaint/petition and other documents to the respondents or third interested persons, if they were not sent during the preparation of the case for hearing; 5) other requests necessary for the timely hearing of the case.
285. The actions provided for in this Article paragraph 4 subparagraphs 3-5 may also be performed by the judge rapporteur. In the cases for which the hearing by a single judge is provided the actions provided for in this Article paragraph 4, except for that referred to in paragraph 1, shall be performed by the judge rapporteur. Article
286. Joinder and Separation of Cases
287. Having established that two or more appeals/petitions contesting the legality of one and the same regulatory administrative act have been filed with the same court or that the appeal/petition has been filed by different claimants, however, with regard to the same act or action/omission by the same respondent, the judge rapporteur or the court hearing the case may, before the completion of the hearing of the case on the merit, join them into one case by virtue of an order.
288. Where there is more than one claim in a case, the court may, as necessary, separate certain of the claims into a separate case/cases. Article
289. Referral of a Case to another Court
290. The court shall refer a case to another court: 1) if, upon the withdrawal of one or several judges, they may not be replaced by other judges in the same court; 2) when it becomes evident that the court seised of the case in violation of the rules of jurisdiction of the appropriate courts; 3) when a judge is a party to the proceedings and the case falls under the jurisdiction of the court in which he or his close relative is employed as a judge (with the exception of the Supreme Administrative Court of Lithuania).
291. The issue of referral of the case from one court to another shall be determined by the chamber of judges of the appropriate court or the chairman of the Supreme Administrative Court of Lithuania.
292. If it transpires that the case falls under the jurisdiction of the court of general jurisdiction, the administrative court shall refer the case by virtue of an order to the appropriate court of general jurisdiction.
293. The court must unconditionally seise of every case referred to it by another court and disputes on the issue between the courts shall be inadmissible, except in the cases provided for in Article 21 of this Law. Article
294. Measures Securing the Claim
295. The court or the judge may, upon a motivated petition of the participants in the proceedings or upon his/its own initiative, take measures with a view to securing a claim. The claim may be secured at any stage of the proceedings if failure to take provisional measures to secure a claim may impede the enforcement of the court decision or render the decision unenforceable.
296. Provisional measures may be as follows: 1) granting an injunction restraining the respondent from certain actions; 2) stay of execution under the writ of execution; 3) suspension of validity of a contested act.
297. The judge or the court shall hear the petition for securing the claim within one day from the receipt thereof, without notifying the respondent and other participants in the proceedings. If such a petition is filed together with the complaint/petition, it shall be heard within one day from the acceptance of the complaint/petition. The court or the judge shall make an order on securing the claim, in which the procedure and manner of the execution thereof shall be indicated.
298. A separate appeal may be filed against the court order on the issues regarding the securing of claims. The filing of a separate appeal against the order to secure the claim shall not stay the execution of the order or suspend the hearing of the case.
299. The court order to secure the claim shall be executed without delay. The order to replace a measure securing a claim or to cancel the measure aimed at securing a claim shall be executed upon the expiry of the time limit for filing an complaint against such orders and, where the complaint has been filed, upon making an order to reject the complaint. The orders specified in this Article shall be executed in accordance with the procedure established for the execution of court decisions.
300. Where the injunctions specified in paragraph 2 of this Article are not complied with, the guilty persons shall be imposed a fine by a court order in the amount of up to LTL
301. Article
302. Request for a Response to an Complaint/petition The chairman of the court or the judge shall send to the respondent a transcript of the complaint/petition and, as necessary, also the transcripts of the documents attached thereto and shall set the time limit within which the respondent must file with the court his/its written response to the complaint/petition as well as submit as many transcripts of the response as there are claimants in the case. In the response the respondent shall indicate his agreement or disagreement with the demands stated in the complaint/petition and whether or not he intends to take part in the court hearing of the case. If there is time enough before the opening of the hearing, the claimant shall be sent a transcript of the written response received from the respondent. Article
303. Summons and Notice Given by the Court
304. The participants in the proceedings and representatives shall be notified of the time and place of court hearing or performance of separate procedural action by summonses and notices. The witnesses, specialists, experts and interpreters shall also be required to appear in the court by having a summons served on them.
305. Unless otherwise established by laws, the summons must be served on the participants in the proceedings and representatives at least three days prior to the date of the court hearing.
306. The person on whom a notice or a summons is served shall have the summons delivered to the officially declared place of residence or sent to his place of work. The entity of administration shall be notified at its seat. At the request and with the funds of the participants in the proceedings the court may publish an announcement regarding the time and place of the proceedings in the press. As necessary, the court shall do so on its own initiative. Upon the decision of the court, the announcement must be published in the local (regional) or/and national newspaper according to the place of residence of the person summoned at least seven days prior to the day of the hearing of the case. In such event the participants in the proceedings shall be deemed to have been notified of the time and place of the hearing. The day of publishing of the announcement shall be deemed the day of serving the summons on the above-mentioned persons.
307. In the event of the deferral of the hearing of the case and the setting of a different time and place of the court hearing, the persons who appeared in the court shall be notified thereof against their signature. Other participants in the proceedings, also in case of deferral of the hearing of the case without a different time and place of the next court hearing being set, may be given a notification of the hearing of the case by means of court notices without the detachable slip subject to be returned to the court, in which the addressee shall confirm by his signature the service of the notice. The contents of the notice must correspond to the requisites of the summons. A transcript of the summons shall be deposited in the file. The notices shall be delivered by post or by courier service. In this case the sending of the notice shall be equated with serving of the notice and the above-mentioned participants in the proceedings shall be considered to have been notified of the time and place of the hearing of the case. Article
308. Contents of the Summons
309. The following shall be indicated in the summons: 1) the name of the addressee or the name, surname, address of the person; 2) the name and accurate address of the court; 3) the time and place of the court hearing or of the performance of a separate procedural action; 4) the name of the case to which the addressee is summoned; 5) the procedural status of the summoned person; 6) that the participants in the proceedings must submit all available evidence relating to the case; 7) that the person who received the summons in the absence of the addressee must deliver it to the addressee at the earliest possibility; 8) consequences of failure to appear (Articles 59, 78, 84 and 103 of this Law ).
310. The basic procedural rights and duties of the parties to the proceedings shall be indicated in writing under the text of the summons. The service of the summons shall mean that the relevant party to the proceedings has been informed of his procedural rights. Article
311. Delivery and Service of Summonses
312. The summonses shall be delivered by post or courier service. The time of serving on the addressee shall be marked in the served summons and in the detachable slip, subject to be returned to the court, in which the addressee shall put his signature confirming the receipt of the summons.
313. If the participant in the proceedings gives his consent, the judge may present him with the summons to be served on another person who is notified or summoned to participate in the proceedings. The person charged by the court to serve the summons must return to the court the detachable slip of the summons where the addressee has put his signature confirming the receipt of the summons.
314. At the request and at the expense of the interested party the parties to the proceedings may be notified or the persons may be summoned also by a telephonogram or telegram. They shall be delivered against signature. A summons may also be sent by facsimile transmission. The person who receives the message sent by facsimile transmission must deliver it to the addressee at the earliest possibility.
315. The summons shall be served on the addressee against his signature. The summons addressed to an enterprise, agency, organisation shall be served on its head officer or other employee. The person who receives the summons shall put his signature.
316. If the person serving the summons fails to find the person who is notified or summoned to participate in the proceedings at his place of residence or work, the summons shall be served on any of the adult family members residing with the addressee or, in their absence, apartment maintenance administration, the warden (his deputy) or the administration of the workplace. In the latter cases the person who receives the summons must when signing in confirmation of receipt indicate his name, surname as well as relationship with the addressee or official position. The person who receives the summons must deliver it to the addressee at the earliest possibility.
317. The detachable slip of the summons with the signature of the addressee or the notice of the service of the summons shall be returned to the court. If the actual whereabouts of the summoned person are unknown, the court shall open the hearing upon the receipt in the court of the summons with an inscription confirming that the summons has been received by the apartment maintenance administration of the last known place of residence of the summoned person or the elder of the war (his deputy). Article
318. Consequences of Refusal to Accept the Summons
319. If the addressee refuses to accept the summons, the person serving it shall make a corresponding notice in the summons and the summons shall be returned to the court. The notice in the summons about the refusal to accept the summons by the addressee and the motives of the refusal shall be confirmed by the person serving the summons.
320. The refusal by the addressee to accept the summons shall be equated to the service of the summons on him. Article
321. Duty to Inform of the Change of the Address during the Proceedings
322. The participants in the proceedings and representatives must inform the court of the change of the address during the proceedings. Where there has been no appropriate notification, the summons shall be sent to the address last known to the court or to the address of the officially declared place of residence or to the seat and shall be considered served even though the addressee might not be residing at the address or might have changed its seat.
323. The court may impose on the participants in the proceedings and representatives a fine in the amount of up to LTL 200 for failure to comply with the requirement to notify the court of the change in their address during the proceedings if there has been a deferral of the hearing due to the failure to notify. SECTION TWELVE HEARING OF THE CASE IN THE COURT Article
324. Conditions for Opening the Court Hearing
325. A case shall be considered at the hearing of the administrative court only when the parties to the proceedings have been informed in advance by a summons, notice or public announcement in the press of time and place of the hearing.
326. Where the case relates to the violation of the election laws or the Law on the Referendum, also complaints and disputes for the consideration whereof special time limits have been set by law, the summons may be served on the parties to the proceedings a day before the opening of the hearing.
327. Failure to appear at the court hearing by the parties to the proceedings and their representatives, even though duly notified of the commencement of the court hearing, shall not preclude the hearing of the case and adoption of the decision. Article
328. Impartiality of the Hearing of the Case in the Court
329. When hearing the case, the court of the first instance must examine the evidence in the case; hear the explanations by the parties to the proceedings, the testimony of the witnesses, explanations by the specialists and the opinion of the experts, examine the written evidence and review the physical evidence.
330. The court of the first instance shall hold the oral hearing of the case also where the composition of judges has not been changed. If at least one of the judges is replaced following the deferral of the hearing during the proceedings, the case must be heard from the beginning, however, as a rule, the witnesses questioned in the court shall not be again summoned to the hearing.
331. The hearing of the case shall be uninterrupted, except for the rest period. Until the disposition of the case or suspension or deferral of the hearing, the court of the said composition shall have no right to hear other cases.
332. If the case is not disposed of during the commenced court hearing, the next court hearing shall begin with the procedural action which closed the previous court hearing, provided that the parties to the proceedings have been duly notified.
333. In case of failure to appear at the hearing by either parties to the proceedings or their representatives, even though they have been notified of the time and place of the hearing in the manner prescribed by law, the court of the first instance may decide to hear the case according to the written proceedings, i.e. following the procedure laid down in Article 137 paragraph 4 of this Law. Article
334. Deferral of the Hearing of the Case
335. In case of failure to appear at the hearing by the interpreter or a party to the proceedings, the court may defer the hearing of the case by virtue of an order, should the court decide that their presence is indispensable for the hearing of the case or when it is necessary to compel submission of new evidence and in other cases when required.
336. When deferring the hearing of the case, the court shall appoint the time of the next court hearing and notify the persons present thereof against their signature.
337. When the hearing of the case is deferred since it is necessary to compel submission of new evidence, the court shall set the time limit for the submission thereof in the order.
338. When deferring the hearing of the case, the court may examine the witnesses who are present, provided that all participants in the proceedings have been notified of the court hearing. Article
339. Comprehensive and Objective Review of the Circumstances of the Case When hearing administrative cases the judges must actively participate in the examination of evidence, establishing all the circumstances material for the case and make a comprehensive and objective review of the said circumstances. Article
340. Procedure of the Court Hearing
341. When the court enters the courtroom, the court usher or the recording clerk of the court hearing shall announce: "All rise for the Court." All persons present in the courtroom shall rise, then take their seats upon the invitation of the presiding judge. All participants in the proceedings shall address the court and give testimony and explanations standing.
342. The court hearing shall be opened by the presiding judge who shall announce the case which will be heard.
343. The recording clerk of the court hearing shall announce who is present at the court hearing. The court shall establish the identity of those present, ascertain whether the officers and representatives have appropriate warrants. If any of the parties (or their representatives) fail to appear, the recording clerk of the court hearing shall inform whether or not they have been duly notified of the time and place of the court hearing, while the court shall decide whether the case may be heard in their absence.
344. The presiding judge shall announce the composition of the court, the recording clerk of the court hearing, the specialist, the expert, the interpreter, and explain to the participants in the proceedings their right to make requests for disqualification as well as their other procedural rights and duties, unless these have been explained earlier.
345. If the interpreter, the specialist, or the expert participates in the court hearing, the presiding judge shall explain their duties and warn them of the administrative and criminal liability for knowingly incorrect interpreting or for giving a knowingly untruthful conclusion. In this relation the interpreter, the specialist or the expert shall be requested to make a written undertaking. The court shall also decide on the requests by the parties (their representatives). The witnesses who have put in their appearance before the examination shall be removed from the courtroom.
346. The hearing of the case on the merits shall commence with the report given by the judge, in which he shall state the matter in dispute, the grounds for the dispute, the limits of the dispute and other material circumstances of the case. Thereafter the claimant/claimants, the respondent/respondents, the third interested party/parties and/or their representatives shall address the court. The duration of the address shall not be restricted, however, the presiding judge may warn any of the parties or their representatives if they deviate from the merits of the case. The parties/their representatives may be asked questions: the judge/judges shall be the first to put questions, to be followed by other parties/their representatives. After the explanations by the parties other evidence shall be examined: the testimony of the witnesses, explanation by the specialists and conclusions of the experts shall be heard, physical evidence shall be reviewed and written evidence shall be read out. Before the witness gives testimony, the presiding judge shall establish his personal identity and warn him of the liability for refusal to testify or evasion of giving testimony and for giving knowingly false testimony. The witness shall be requested to make an appropriate written undertaking which shall be attached to the minutes of the court hearing. Before completion of the hearing of the case on the merits, new applications by the parties shall be heard.
347. The pleadings in court shall comprise the argument by the claimant/claimants, respondent/respondents, the interested third person/persons or their representatives and the specific final requests of the complaint/petition and rebuttals thereto. The duration of the argument shall not be restricted, however, the presiding judge may warn any of the parties or their representatives if they deviate from the merits of the case. Presented their arguments, the parties/their representatives may one more time exercise the right to reply.
348. If new circumstances are discovered during the pleadings in court, which have to be examined, the court may make an order to renew the hearing of the case on the merits. Subsequently the pleadings in court shall proceed following the above-mentioned procedure.
349. After the pleadings in court the court shall withdraw to the conference room to make the decision (ruling, order). The presiding judge shall make an announcement to the effect to those present in the courtroom. Article
350. Minutes of the Court Hearing
351. Minutes shall be taken at every hearing of the administrative court, except for the sessions in written proceedings.
352. The following shall be indicated in the minutes: 1) the date and place of the court hearing; 2) the time of opening and closure of the court hearing; 3) the name and composition of the court hearing the case, the recording clerk of the court sitting, the persons participating in the administrative proceedings, also whether or not these persons are present and if any of them has failed to appear -- whether or not they have been duly notified of the time and place of the hearing; 4) the subject matter of the dispute; 5) that the participants in the proceedings have been explained their rights and duties; 6) applications and statements by the participants in the proceedings; 7) directions by the presiding judge and court orders made without retiring to the conference room; 8) that the judge rapporteur has introduced the case; 9) who of the participants in the proceedings presented their arguments at the court hearing; 10) new evidence submitted at the court hearing (explanations and testimony by the parties, other evidence listed in Article 57 of this Law), unless it has been submitted or collected in the course of the preparation for the court hearing; 11) written, physical or other evidence examined during the court hearing and representations of the parties in relation thereto; 12) summary of the pleadings in court s and rebuttals; 13) that the adopted decision, ruling or order have been read out and the procedure and time limits for appeal have been explained.
353. If a document was interpreted into the Lithuanian language during the court hearing according to the procedure laid down in Article 9 paragraph 3 of this Law, the interpreted text shall be recorded in the minutes and signed by the interpreter.
354. The minutes must be completed and signed by the presiding judge or, upon his order, by the judge rapporteur and the recording clerk of the court hearing (indicating the date of signing) not later than within three working days after the end of the court hearing.
355. The parties shall have the right to examine the minutes and present to the court which heard the case written remarks regarding the minutes within three working days after the signing of the minutes.
356. The remarks concerning the minutes shall be examined by the judge who heard the case or the chairman of the chamber of judges. If the remarks meet with no objections, they shall be approved and ordered to be attached to the minutes. If the judge who heard the case disagrees with the presented remarks, he shall reject them and issue a motivated order. If objections to the remarks are voiced by the chairman of the chamber of judges, the issue of agreement or disagreement with the remarks shall be decided by virtue of an order made by the chamber of judges which heard the case, and, where the chamber of the same composition cannot convene, the issue shall be decided with the majority of the members of the chamber which heard the case participating. Remarks concerning the minutes must be examined within three days from the receipt thereof in the court as a rule according to written proceedings. In all cases the remarks concerning the minutes shall be attached to the case.
357. Minutes of a separate procedural action performed not during the court hearing may also be taken. Article
358. The Right of the Court Hearing an Administrative Case to Impose Fines
359. The judge or the court which hears an administrative case shall be entitled to impose fines if: 1) officers and persons fail to meet, by the set time and without a good reason, the requests by the judge or the court for a reply to the complaint/petition, documents and other material as well as for failure to comply with other requirements put by the judge/the court related to the hearing of the case; 2) the witness, specialist or expert fails to appear, without a good reason, before the judge preparing the case for hearing or at the court hearing; 3) after having been given a warning, the persons participating in the proceedings again speak out of turn, insult other persons participating in the proceedings or the court; 4) the persons present in the courtroom upset the order, disregard the demands of the presiding judge that order be observed.
360. The court which hears the administrative case shall have the right to impose upon natural persons and their representatives a fine in the amount of up to LTL 1000 and upon officers or representatives of institution or agencies - in the amount of up to LTL 2000 for every case of violation. A separate appeal may be filed against the order of the court of the first instance concerning the imposition of a fine. SECTION THIRTEEN COURT DECISIONS Article
361. Adopting the Decision
362. The decision in the case heard on the merits shall be rendered by the administrative court in the conference room by a majority vote of the judges. The judges shall have no right to refuse to vote or to abstain, also to disclose the opinions voiced during the deliberations in the conference room. The presiding judge shall be the last to vote. The decision adopted shall be signed by al the judges participating in the hearing.
363. The judge whose opinion of the case differs from that of the majority of the judges may write his dissenting opinion. The dissenting opinion shall not be announced publicly, but shall be attached to the case file.
364. The introduction and substantive provisions of the decision shall be drawn up and announced, as a rule, on the same day after the hearing of an individual case. The parts of the decision comprising the recital and the motivation shall be drawn up no later than within seven working days after the pronouncement of the decision.
365. If the respondent fully allows the claims of the applicant, the court may present in the decision a summary version of the motivation indicating: the circumstances determined by the court, the evidence upon which the conclusions made by the court are based, the laws by which the court was governed.
366. The decision in the cases regarding the legality of the regulatory administrative act and in other complex cases may be adopted and pronounced not on the same day, but not later than after ten days from the disposition of the case. The parties to the proceedings shall be notified of the date when the decision will be pronounced and a notice to the effect shall be made in the minutes of the court hearing. During the time when the decision is being drafted, the judges of the chamber may hear other cases. The decision or the order the passing and pronouncement whereof has been postponed may be pronounced by one of the judges who heard the case, other judges of the chamber not participating.
367. The decision of the administrative court shall be adopted and pronounced in the name of the Republic of Lithuania. Article
368. Legality and Motivation of the Decision
369. The court decision must be legal and motivated.
370. When adopting the decision, the administrative court shall assess the evidence examined at the court hearing, state which circumstances material for the case have been established and which have not, which law may be applied in the case and whether the complaint/petition is allowable. The complaint/petition may be allowable fully or in part.
371. All basic claims put forward by the claimant must be responded to in the court decision. Article
372. Contents of the Decision
373. The decision of the court shall consist of the introduction, the recital, the motivation and the substantive provisions.
374. The following shall be indicated in the introduction of the decision: 1) time and place of the adoption of the decision; 2) the name of the court which adopted the decision; 3) the composition of the court, the recording clerk of the court hearing, the parties, other participants in the proceedings.
375. The following shall be indicated in the recital of the decision: 1) the claims of the claimant; 2) the rebuttals by the respondent; 3) explanations by other participants in the [proceedings;
376. The following shall be indicated in the motivation of the decision: 1) the circumstances of the case established by the court; 2) the evidence on which the conclusions of the court are based; 3) the arguments based whereon the court rejects certain evidence; 4) the laws invoked by the court, references to specific norms that were applied.
377. The following shall be indicated in the substantive provisions of the decision: 1) the conclusion of the court to grant the petition in full or in part, at the same time setting forth the contents of the allowed claim, or to reject the petition; 2) the apportionment of legal costs; 3) the time limits and procedure of appeal against the decision. Article
378. Types of Decisions Upon hearing the case, the administrative court shall adopt one of the following decisions: 1) to reject the complaint/petition as unfounded; 2) to meet the complaint/petition and revoke the contested act (part thereof) or to obligate the appropriate entity of administration to remedy the committed violation or carry out other orders of the court; 3) to meet the complaint/petition and to obligate the appropriate entity of municipal administration to accordingly implement the law, the Government resolution or another legal act; 4) to meet the complaint and to settle the dispute in any other manner provided for by law; 5) to meet the complaint/petition and to award damages or redressing of a moral wrong caused to a natural person or an organisation by the unlawful acts or omission in the sphere of public administration performed by State or municipal institutions, agencies, services and their employees while discharging of their official functions (Civil Code, Article 485). Article
379. Grounds for Annulment of Contested Acts
380. A contested act (or a part thereof) may be annulled if it is: 1) illegal in essence, i.e., conflicting by its contents with legal acts of superior power; 2) illegal by reason of being adopted by an entity of administration acting outside the remit of his competence; 3) illegal as it was adopted in violation of the basic procedures, especially the rules which were to ensure objective evaluation of all circumstances and validity of the decision.
381. The contested act (or a part thereof) may also be annulled on other grounds recognised as material by the administrative court. Article
382. Decision in the Cases relating to Delay or Omission In the cases relating to omission by an entity of administration, i.e., failure to perform official duties or in the cases regarding delay in settling the matters, the administrative court may adopt a decision obligating the appropriate entity of administration to make a relevant decision or comply with any other court order within the prescribed time limits. Article
383. Court Decision to Ensure Enforcement of the Decisions Made by the Administrative Disputes Commission
384. In the cases when the claimant applies to the administrative court with a petition to ensure enforcement of a decision made by the administrative disputes commission, the court shall compel production by the appropriate commission of the material on the basis whereof the decision was made and shall verify, by under procedure of written proceedings, the legality of the making thereof. If the court establishes that the decision of the administrative disputes commission is illegal, it shall adopt a decision to annul the commission's decision and shall itself decide the case on the merits in the manner prescribed by this Law.
385. If the court adjudges that the commission's decision is legal, it shall adopt a decision to obligate the entity of public administration to implement the decision of the administrative disputes commission within the time limit set by the court. Provisions of Article 97 of this Law shall be applied to enforce the court decision. Article
386. Legal Consequences of Annulment of the Act The annulment of the contested act (action) shall signify restoration in a certain specific case of the status quo which existed before the making of the contested act (action), i.e., the claimant is granted restoration of the infringed rights or lawful interests, however