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Įstatymas skelbtas: Žin

Įstatymas skelbtas: Žin OFFICIAL TRANSLATION REPUBLIC OF LITHUANIA LAW ON THE STATE SECURITY DEPARTMENT 20 January 1994 No I-380 (As last amended on 18 January 2007 – No X-1030) Vilnius I. GENERAL PRO

VISIONS This law shall regulate the purpose and legal grounds for activities and establish tasks and functions, structure, rights and duties, financing, social guarantees of employees as well as ways of the control of activities of the Republic of Lithuania State Security Department. Article

  1. Republic of Lithuania State Security Department The Republic of Lithuania State Security Department (hereinafter referred to as the “Security Department”) shall be a state institution accountable to the Seimas of the Republic of Lithuania and the President of the Republic, the purpose whereof shall be to safeguard the sovereignty of the Republic of Lithuania and constitutional order thereof. The Security Department shall be a legal person holding a settlement account in a Lithuanian bank and a seal with the Lithuanian emblem and the title “Republic of Lithuania. State Security Department”. Article
  2. Principles of Activities of the Security Department Activities of the Security Department shall be based on the principles of lawfulness, respect for human rights and freedoms, balance between openness and confidentiality, single authority and collegiality as well as accountability to the main government institutions of the Republic of Lithuania. Article
  3. Legal Grounds of Activities of the Security Department The Security Department shall, in its activities, be based on the Constitution of the Republic of Lithuania, laws of the Republic of Lithuania, this Law, international treaties and agreements, the Statute of the Security Department, other legal acts and regulatory enactments of the Department. The Statute of the Security Department shall be approved by a law. Article
  4. Openness of Activities of the Security Department The Security Department shall provide information on the issues of state security to the public, state institutions, and the media. The information comprising a state secret, a professional or commercial secret as well as the particulars which would restrict constitutional human rights and freedoms shall not be made public, except for the cases specified by law. Article
  5. Activities of the Security Department and Human Rights and Freedoms The Security Department shall strictly observe the principle of inviolability of human rights and freedoms. Human rights and freedoms may be restricted only in the cases specified by law. Upon the request of a person, officers of the Security Department must explain the legal grounds for the restriction of his freedoms and rights. The Security Department shall guarantee the confidentiality of the sensitive information provided to it. The persons who have provided assistance to the Security Department and suffered material injury as a result thereof shall be compensated at the expense of the State. The actions of officers of the Security Department resulting in the violation of human rights and freedoms may be appealed against to heads of the Security Department or to the court. The officers of the Security Department who are guilty thereof shall be held liable under law or in accordance with the procedure set forth by the Statute of the Security Department. Article
  6. Official Relations of the Security Department In carrying out of the tasks assigned to it, the Security Department shall maintain official relations with Republic of Lithuania state institutions and public institutions as well as private undertakings. The Security Department may maintain official relations with the appropriate institutions of other countries as well as international organisations. Article 6

(1). Right to Obtain Information The Government of the Republic of Lithuania, ministries as well as other state and municipal institutions and agencies must, upon the request of the Security Department, submit thereto within 5 working days the legal acts which have been adopted, but have not been published in the official gazette Valstybės žinios. State and municipal institutions, agencies as well as undertakings must grant the Security Department free and unimpeded access to the databases of state registers, cadastres and classifiers. The Security Department may use other databases of state and municipal institutions and agencies, undertakings, other establishments, organisations and natural persons under separate agreements, except where other laws provide otherwise. II. TASKS AND FUNCTIONS OF THE SECURITY DEPARTMENT Article
  1. Tasks of the Security Department Tasks of the Security Department shall be timely identification of the acts presenting a treat to state security, its sovereignty, inviolability and integrity of the territory, constitutional order, state interests, defence and economic power, prevention of these acts, elimination of the causes and conditions for commitment thereof and combating them in accordance with the procedure set forth by law. Article
  2. Functions of the Security Department In carrying out the tasks provided for by this Law, the Security Department, acting in interests of the State of Lithuania, shall: 1) engage in intelligence and counterintelligence activities; 2) study, analyse and forecast the public political and economic processes related with state security; 3) combat terrorism, which presents a threat to state security; 4) independently or in conjunction with other authorised state or municipal institutions or agencies, prepare and implement the measures aimed at preventing the acts presenting a threat to the State at energy, main lines of communication, communications as well as other objects of strategic importance to national security; 5) investigate the crimes and other offences assigned to the competence of the Security Department and search for the persons suspected of such offences; 6) investigate the acts of persons which may cause or are causing prejudice to state security, its economic and strategic interests; 7) organise and ensure the technical protection of government communication; 8) control the protection of the information of the Republic of Lithuania classified “Top Secret”, “Secret”, “Confidential” within the State as well as in its establishments abroad; 9) independently or in conjunction with other authorised state or municipal institutions or agencies, prepare and implement the measures required for the organisation and ensuring of the security of foreign diplomatic posts in Lithuania and of posts of the Republic of Lithuania abroad; 10) provide information, conclusions as well as recommendations on the issues of state security to the President of the Republic, the Seimas, the Government and, where necessary, to other state institutions. Article 8
(1). Official Warning to a Person Official warning to a person shall be a written request issued to the person by an officer of the Security Department requesting to observe the Constitution and laws of the Republic of Lithuania, not to restrict the rights and freedoms of other people, not to commit other offences and acquainting with likely legal consequences. An official warning may be issued where, on the basis of the data obtained in accordance with the established procedure, there are reasonable grounds to believe that the person may commit the offences likely to harm the security interests of the State. The right to issue an official warning to a person shall be vested in Director General of the Security Department, deputies thereof, heads of the boards and units of the central office or heads of territorial offices. The official warning referred to in paragraph 1 of this Article shall be given in person by delivering it to a person against his signature. A person warned officially shall have the right to obtain a copy of the official warning. III. STRUCTURE AND PERSONNEL OF THE SECURITY DEPARTMENT Article
  1. Organisational Principles of the Security Department The structure of the Security Department shall be formed on the basis of the purpose of the Security Department and the tasks assigned thereto. The system of the Security Department shall be consist of the central office of the Security Department, territorial offices and special mission offices under the Security Department. The structure of the Security Department shall consist of the central office (with structural divisions) as well as territorial offices. Divisions of the Security Department, with the exception of special mission offices, shall be established and wound-up as well as the internal structure thereof shall be determined by Director General of the Security Department. Article
  2. Heads of the Security Department The head of the Security Department shall be Director General, who shall be appointed and dismissed by the President of the Republic subject to the approval of the Seimas. Deputies of Director General shall be appointed and dismissed by the President of the Republic on the recommendation of Director General. A collegium shall be formed at the Security Department. The collegium of the Security Department shall be an advisory institution to Director General. Its activities shall be regulated by regulations of the collegium of the Security Department, which shall be approved by Director General of the Security Department, and the main principles of activities shall be specified by the Statute of the Security Department. Article
  3. Territorial Offices of the Security Department In order to perform the functions of the Security Department, territorial offices of the Security Department shall be established in compliance with the administrative-territorial organisation of the Republic of Lithuania. Article
  4. Special Mission Office under the Security Department In order to perform specific functions of the Security Department (protection of government communications, protection of special information and others), special mission offices may be established under the Security Department. The Government of the Republic of Lithuania shall establish and wind up these offices and approve the regulations of activities thereof. A special mission office under the Security Department shall be a public legal person financed from the state budget. A special mission office shall be the administrator of the appropriations allocated to it. Article
  5. Status of Employees of the Security Department Employees of the Security Department shall consist of civil servants (security officers), other career civil servants as well as the persons employed under employment contracts. The persons who work in the Security Department and have been conferred the official ranks of security officers shall be granted the social guarantees of security officers as provided for by this Law, the Statute of the Security Department and other laws. Article
  6. Repealed as of 1 August
  7. Article
  8. Repealed as of 1 August
  9. Article
  10. Repealed as of 1 August
  11. Article
  12. Oath of an Officer of the Security Department The persons recruited to the service of officers of the Security Department shall take an oath of allegiance to the State of Lithuania, the text whereof shall be as follows: “With you as witness, I (forename, surname): Swear to faithfully defend the State of Lithuania and its independence, to execute laws of the Republic of Lithuania and orders of the officers to whom I am subordinate in good faith, to conscientiously perform my duties, and to serve the people of the Republic of Lithuania and the State; Swear to protect all state and official secrets entrusted to me; Swear to act in a manner to always and everywhere protect the repute of an officer of the Security Department. So help me God.” The oath may be taken omitting the last sentence. Article
  13. Legal Position of an Officer of the Security Department The service of officers of the Security Department shall be regulated by the Statute of the Security Department. The life, health, honour and dignity as well as rights of an officer of the Security Department shall be protected by laws of the Republic of Lithuania. No one, with the exception of the institutions and officers directly authorised by law, shall have the right to interfere in his official activities. In performing official duties, officers of the Security Department shall act in compliance with laws and other regulatory enactments. Where an officer of the Security Department is given an order or an instruction which is in contradiction with laws, he must act in compliance with the law and notify heads of the Security Department of the unlawful order or instruction. The execution of an unlawful order shall not release the officer from liability. Every officer of the Security Department shall be personally liable for his actions and consequences thereof. An officer of the Security Department shall be held liable for infringements of laws in accordance with the procedure set forth by laws of the Republic of Lithuania. Lawful requests of officers of the Security Department shall be binding on state, public and private establishments as well as organisations, citizens of the Republic of Lithuania, the aliens as well as stateless persons resident in the Republic of Lithuania. Article
  14. Rights of Officers of the Security Department In order to perform the tasks and functions of the Security Department, officers of the department shall have the right: 1) to carry out the operational investigative activities provided for by the Republic of Lithuania Law on Operational Investigative Activities by exercising the rights granted to entities of operational investigative activities; 2) in conjunction with divisions of the systems of the Interior and national defence and other authorised state or municipal institutions or agencies, to implement the joint measures ensuring state security; 3) to investigate the crimes and other offences assigned to the competence of the Security Department; 4) to use the detention cells of police commissariats for the detention of the persons suspected of a criminal act assigned to the investigation competence of the Security Department and, where necessary, to guard and convoy them independently or in conjunction with other authorised institutions; 5) to issue official warnings to persons in accordance with the procedure set forth by this Law; 6) upon a written request of the head of the board, unit of the central office or territorial office of the Security Department, to gratuitously obtain from state and municipal institutions, all types of undertakings, establishments and organisations the information recorded by any means and required for investigation. The right to obtain the information comprising state, official, commercial or bank secrets shall be vested only in the officers authorised by Director General of the Security Department upon their written request. Liability for the confidentiality of the information obtained in the said manner shall be assumed by appropriate officers of the Security Department in accordance with the procedure set forth by law. The damage caused by a compromise of the information comprising a commercial or a bank secret shall be compensated at the expense of the Security Department; 7) to request to appear and/or to interrogate persons as well as to obtain their oral, written clarifications on the issues under investigation by the Security Department; 8) to address specialists and experts of the Republic of Lithuania or foreign states on the issues under investigation by the Security Department and to obtain their conclusions; 9) in urgent cases and in accordance with the procedure set forth by law, to be granted unimpeded access to the territories, premises and vehicles belonging to legal persons, the persons not holding the status of a legal person as well as natural persons as well as to make use of the vehicles or means of communication of these persons. Upon the request of the owner or user of a vehicle or a means of communication, a certificate of the form set by Director General of the Security Department shall be issued to serve as the basis for compensation by the Security Department of the losses or material injury incurred. Article
  15. Official Ranks of Officers Officers of the Security Department shall be conferred the following official ranks of security officers: 1) security instructor; 2) junior security consultant; 3) security consultant; 4) senior security consultant; 5) 3rd rank security adviser; 6) 2nd rank security adviser; 7) 1st rank security adviser; 8) senior state security adviser; 9) chief state security adviser. The grounds and procedure for conferring and losing the official ranks of officers of the Security Department shall be set forth by the Statute of the Security Department. Article
  16. Uniform and Distinctive Insignia of Officers of the Security Department Officers of the Security Department shall wear a uniform with distinctive insignia of the Security Department. Samples of the uniform and distinctive insignia shall be approved by the Government of the Republic of Lithuania. Article
  17. Training of the Personnel of the Security Department The personnel of the Security Department shall be trained at general and special institutions of education and science in Lithuania and in the foreign states with long-standing democratic traditions. Special in-service training courses shall be organised for officers of the Security Department. Article
  18. Qualification Categories and Performance Appraisal of Officers of the Security Department In order to determine the qualification of officers of the Security Department, qualification categories shall be established. In order to evaluate the performance results of officers and to assess their suitability for a post, the officers shall be subject to performance appraisal. The grounds and procedure for conferring qualification categories and for conducting performance appraisal shall be set forth by the Regulations for Conferment of Qualification Categories and the Regulations for Performance Appraisal as approved by Director General of the Security Department. Article
  19. Public Activities of Officers of the Security Department Officers of the Security Department may participate in the activities of public organisations, societies, clubs and other non-political associations. Activities of political parties and political organisations in the Security Department shall be prohibited. Officers of the Security Department may not hold membership in and be sponsors of political parties, political organisations as well as public political movements and may not participate in activities thereof. Officers of the Security Department may not strike or picket. Article
  20. Repealed as of 1 August
  21. IV. RIGHT OF OFFICERS OF THE SECURITY DEPARTMENT TO USE A WEAPON AND SPECIAL MEANS Article
  22. Use of Firearms and Special Means Officers of the Security Department shall be granted the right to possess, keep and use authorised firearms as well as special means. The grounds and procedure for using firearms and special means shall be regulated by the Statute of the Security Department. V. REMUNERATION AND SOCIAL GUARANTEES OF OFFICERS OF THE SECURITY DEPARTMENT Article
  23. Remuneration of Officers of the Security Department The remuneration of officers of the Security Department shall be determined and the procedure for paying it shall be set forth by the Statute of the Security Department and the Law on Civil Service. Article
  24. Time Served by Officers of the Security Department The time served by an officer of the Security Department, which shall grant the right to receive the pension of an officer of the Security Department pending the entry into force of the Republic of Lithuania Law on State Pensions of Officers and Servicemen, shall include: 1) service in the system of the Security Department from the day of appointment to the post; 2) the period of employment in the system of the Security Department under the Law on the Employment Contract, provided the post was subsequently attributed to the status of an officer; 3) service in the systems of the Republic of Lithuania Ministry of the Interior and the Ministry of National Defence and the Lithuanian Customs, provided this service was organised on statutory grounds; 4) the period of studies as a full-time student at civil establishments of higher education and as a full-time student at educational establishments of the Interior, national defence and other educational establishments operating on statutory grounds, provided the persons who had graduated therefrom were forthwith appointed to and held the post referred to in this Article; 5) the period of employment in the position of justices, prosecutors, deputies thereof and interrogators; 6) service in the position of officers of security units in the Republic of Lithuania Supreme Council or the Seimas; 7) the duration of research work at research and educational establishments; 8) service in the armed forces, the Interior and special services of foreign states in accordance with the procedure set forth by the Government of the Republic of Lithuania. Article
  25. Pensions of Officers of the Security Department The procedure for granting pensions to officers of the Security Department shall be regulated by a separate law on the pensions of officers of appropriate services. Article
  26. Leave of Officers of the Security Department The officers of the Security Department who have served the time referred to in Article 28 of this Law shall be granted annual leave of the following duration: 1) up to 10 years - 30 calendar days; 2) from 10 to 15 years - 35 calendar days; 3) from 15 to 20 years - 40 calendar days; 4) more than 20 years - 45 calendar days. Other types of the leave and duration thereof shall be specified and the procedure for granting it shall be set forth by the Statute of the Security Department. Article
  27. Compensations Payable to Officers of the Security Department The family of an officer of the Security Department who has died in connection with the service shall be paid a lump-sum compensation equal to the amount of remuneration received over a period of ten years (120 months). Burial expenses shall be covered by the State. An officer of the Security Department who has been injured in connection with the service shall, in accordance with the procedure set forth by the Government, be paid a compensation equal to the amount of remuneration received over a period of one year up to a period of five years (from 12 to 60 months) taking account of the degree to which the officer has been injured. Officers of the Security Department shall be fully compensated for the material injury which they have suffered in connection with the service. Article
  28. Social Insurance of Officers of the Security Department Officers of the Security Department shall be insured by the State from the day of their appointment to an appropriate post until dismissal therefrom. Article
  29. Provision of Officers of the Security Department with Apartments Officers of the Security Department shall be provided with apartments in accordance with the procedure set forth by laws of the Republic of Lithuania. Officers of certain divisions of the Security Department may be granted official apartments in accordance with the procedure set forth by the Government of the Republic of Lithuania. Article
  30. Other Social Guarantees of Officers of the Security Department The length of the working week of officers of the Security Department shall be 40 hours. On the instruction of the heads, employees may work in excess of the specified standard number of working hours per week. They shall be additionally paid therefor. Officers of the Security Department shall be granted the social guarantees provided for under the Law on State Social Insurance; appropriations allocated from the budget to the Security Department shall be used to ensure the guarantees. VI. FINANCING AND MATERIAL AND TECHNICAL SUPPORT OF THE SECURITY DEPARTMENT Article
  31. Financing of and Assistance to the Security Department The Security Department shall be financed from the state budget of Lithuania. In order to implement the tasks and functions specified by this Law, the Security Department shall have the right to obtain assistance from institutions and agencies of foreign states as well as from international organisations in accordance with the procedure set forth by law. Article
  32. Provision of the Security Department with Premises The Security Department shall be granted official premises, which shall be transferred into its balance sheet. The maintenance, heating and lighting of these premises shall be ensured by municipalities at the expense of the Security Department. The Security Department may have an official dwelling. This dwelling shall be acquired in accordance with the procedure set forth by the Government of the Republic of Lithuania. VII. PARLIAMENTARY SCRUTINY OF ACTIVITIES OF THE SECURITY DEPARTMENT Article
  33. Parliamentary Scrutiny of Activities of the Security Department The parliamentary scrutiny of the Security Department shall be carried out by the Seimas of the Republic of Lithuania. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS

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