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Official Translation Official Translation REPUBLIC OF LITHUANIA LAW ON THE AMENDMENT OF THE LAW ON ALCOHOL CONTROL 18 April 1995 No. I-857 Vilnius (New edition by March 9, 2004. No. IX – 2052) Article

Article 34(1) of this Law.

  1. The persons indicated in sub-paragraphs 1 and 2 of paragraph 1 of this Article shall be hereinafter referred to as parties to the proceedings.
  2. Representatives authorised by the parties may represent them in the proceedings. Article
  3. Notification Regarding Proceedings The parties to the proceedings shall be given written notification regarding the established violations of this Law, the time and place of the hearing of the case and shall also be offered access to the case material and requested to present written explanations. Article
  4. Hearing of Case 1.The case shall be heard in the presence of the parties to the proceedings and other participants in the proceedings.
  5. During the hearing of the case the parties shall have the right to familiarise themselves with the collected material, give oral and written explanations, present evidence, lodge applications.
  6. If the parties to the proceedings do not participate in the hearing of the case, the case may only be heard in those instances, when information is available, that the parties to the proceedings have been informed in due time of the place and time of the hearing of the case. Article
  7. Decisions Adopted upon the Hearing of the Case 1.The institutions indicated in of Article 34

(1)of this Law, having heard the case, shall have the right to adopt a decision to: 1) apply the economic sanctions established by this Law; 2) refuse to apply economic sanctions, when there are no grounds established by this Law; 3) terminate the case, when a violation of this Law does not exist; 4) return the case for additional investigation.
  1. A decision shall be adopted following the hearing of the case. It must indicate: the name of the institution which has adopted the decision; the date and place of the case hearing; information regarding the violator; circumstances of the violation; proof of the violator’s guilt on which the decision is based, the Article of this Law, which establishes liability for the violation; the explanations of the violator and the assessment thereof; the adopted decision; the terms and procedure of the appeal against the decision;
  2. The decisions

Article 34

(1)of this Law shall be delivered to persons in respect of whom such decisions have been adopted within two working days from their adoption. Article
  1. Exaction of Fines
  2. Fines must be paid into the State Budget and in instances, when the fines are imposed by municipal executive institutions, into the budget of the municipality which imposed the fine, no later than within one month of the day, when the decision to impose a penalty was delivered to the persons who violated this Law.
  3. Bailiffs shall collect the unpaid fines enforcing the decisions

Article 39

of this Law in accordance with the procedure established by the Code of Civil Procedure of the Republic of Lithuania. Decisions may be referred for enforcement no later than within 3 years of the day of adoption thereof. Article 41. Appeal against Decisions regarding Application of Economic Sanctions 1. Economic entities, which object to the decisions,

Article 34

(1)of this Law regarding application of economic sanctions shall have the right to appeal against the decision to the court within a month’s period from the delivery of the decision to them according to the procedure established by the Law on Administrative Proceedings of the Republic of Lithuania. 2. A court appeal shall suspend the implementation of the decisions

Article 34(1) of this Law regarding the application of economic sanctions.

Article

  1. Disputes about Violations of this Law
  2. Disputes about violations of this Law shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania. Annex to the Law of the Republic of Lithuania on Alcohol Control LEGAL ACTS OF THE EUROPEAN UNION WITH WHICH THE LAW OF REPUBLIC OF LITHUANIA ON ALCOHOL CONTROL HAS BEEN HARMONISED The Law of the Republic of Lithuania on Alcohol Control is harmonised with the following legal acts of the European Union: 1) Council Directive of 3 October 1989 on the coordination of certain provisions laid down by law, regulation of administrative action in Member States concerning the pursuit of television broadcasting activities, 89/552/EEC (with the latest amendments, enacted on 30 June 1997 in the Directive of the European Parliament and Council 97/36/EC). 2) Council Regulation (EEC) of 29 May 1989 No 1576/89, laying down general rules on the definition, description and presentation of spirit drinks (with the latest amendments, enacted on 22 December 1994 in the Council and European Parliament Regulation (ECN) No 3378/1994); 3) Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (with the latest amendments, enacted in Council Regulation (EC) No 2585/2001 of 19 December 2001); 4) Commission Regulation (EC) No 1622/2000 of 24 July 2000 laying down certain detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine and establishing a Community code of oenological practices and processes (with the latest amendments, enacted in Commission Regulation No 2244/2002 of 16 December 2002);      Article
  3. Recommendations to the Government of the Republic of Lithuania The Government of the Republic of Lithuania shall by 15 April 2004 approve the legal acts necessary for the implementation of this Law or authorise other institutions to do this. Article
  4. Entry into Force of the Law The Law shall enter into force as of 1 May
  5. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC ROLANDAS PAKSAS

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