Oficialus vertimas 2007 12 18 The resolution published in: Valstybės žinios (Official Gazette) No 26-924, 2002 Unofficial text of the resolution Government of the REpublic of Lithuania RESOLUTION No 314 of 5 March 2002 on the ESTABLISHMENT of the Register of WILLS and On the Approval of the Regulations of the Register of WILLS Vilnius (As amended by Resolution No 888 of 8 July 2003 and Resolution No 578 of 13 June 2007) Pursuant to paragraph 2 of Article 3 of the Law on the Register of Property Seizure Acts of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 101-2897, 1999), the Government of the Republic of Lithuania has resolved:
- To approve the Regulations of the Register of Property Seizure Acts (as appended).
- To repeal Resolution No 644 of the Government of the Republic of Lithuania of 5 June 2000 on the Approval of the Regulations of the Register of Property Seizure Acts (Valstybės žinios (Official Gazette) No 47-1360, 2000). Prime Minister Algirdas Brazauskas Minister of Justice Vytautas Markevičius _______________ The new version of the amendment to the Resolution as of 22 June 2007: No 578,13 June 2007, Valstybės žinios (Official gazette), No 68-2666, 2007 (21 June 2007) APPROVED by Resolution No 314 of the Government of the Republic of Lithuania of 5 March 2002 (As amended by Resolution No 578 of the Government of the Republic of Lithuania of 13 June 2007) REGULATIONS OF THE REGISTER OF PROPERTY SIEZURE ACTS I. GENERAL PROVISIONS
- The Regulations of the Register of Property Seizure Acts (hereinafter referred to as "the Regulations") shall regulate the purpose and objects of the Register of Property Seizure Acts (hereinafter referred to as "the Register"), the institutions managing the Register, their rights and obligations, management of the Register data, interaction with other registers, the Register data security, the Register data provision, transfer of the Register data to foreign states, Register funding, and the reorganization and liquidation of the Register.
- The purpose of the Register shall be to register the objects specified in paragraph 3, to collect, accumulate, process, systemize, keep, use and provide the data and documents specified in the Regulations to natural and legal persons.
- The Register objects shall be the property seizure acts of courts, judges, bailiffs, prosecutors, pre-trial investigations officers, the State Tax Inspectorate under the Ministry of Finance (hereinafter referred to as “the State Tax Inspectorate”), the State Social Insurance Fund Board under the Ministry of Social Security and Labour (hereinafter referred to as “the State Social Insurance Fund Board”) and other state institutions and officers that forcibly temporarily limit the rights to property located in the Republic of Lithuania by seizing it on the grounds and according to the procedure established by the laws of the Republic of Lithuania. The property seizure acts adopted by the mentioned institutions (officers) shall not be registered if the seized movable property (products, other perishable things, animals) are taken and transferred for realization without delay in accordance with the procedure established in the laws of the Republic of Lithuania, also if things of personal or household use of insignificant value are seized.
- Personal data shall be managed with the aim to collect, accumulate, process, systemize, keep and provide thorough and correct information about Register objects.
- The Register data shall be accumulated in a single database of the Register.
- The Register data providers shall be courts, judges, bailiffs, prosecutors, pre-trial investigation officers, officers of the State Tax Inspectorate, the State Social Insurance Fund Board, and other state institutions and officers (hereinafter referred to as “institutions or officers that adopted a property seizure act”) empowered to seize property on the grounds and according to the procedure established by the laws of the Republic of Lithuania.
- The Register shall be managed in compliance with the Law on Property Seizure Acts of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 101-2897, 1999), the Law on the State Registers of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 86-2043, 1996; No 124-4488, 2004), the Law on Legal Protection of Personal Data of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 63-1479, 1996; No 15-597, 2003), other laws of the Republic of Lithuania, the Regulations and other legislation governing the activities of state registers. The main terms used in the Regulations correspond to the terms used in the Code of Civil Procedure of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 36-1340, 2002), the Law on the Register of Property Seizure Acts of the Republic of Lithuania, the Law on the State Registers of the Republic of Lithuania and other legislation. II. REGISTER MANAGEMENT INSTITUTIONS
- The Ministry of Justice shall be the leading Register management institution (hereinafter referred to as “the leading Register management institution”). The Register management institutions shall by the mortgage departments under district courts (hereinafter referred to as “mortgage departments”) and the Central Mortgage Office. The leading Register management institution shall be the holder of personal data, and the Register management institutions shall be the managers of personal data.
- The leading Register management institution shall: 9.
- coordinate the activities of Register management institutions, methodically direct them and carry out the supervision of those activities in accordance with the procedure established in the legislation; 9.
- draft and adopt legislative acts related to the Register management and Register data security and adopt the forms of certificates issued by the Register; 9.
- organize and coordinate the allocation of financial resources for the computer equipment, software as well as communication and office equipment, establish the maintenance requirements for that equipment, and deal with the issues of Register modernization and development; 9.
- perform the supervision of compliance with the requirements of Register data security; 9.
- plan the annual and the long-term budgets of the Register and control their implementation; 9.
- provide information about the activities of the Register; 9.
- examine the proposals of the Register management institutions regarding the improvement of the Register’s activities and summarize them; 9.
- organize and coordinate the training of the civil servants and employees of the Register management institutions working under employment contracts, prepare training and qualification improvement programmes as well as other methodological documents relating to qualification improvement; 9.
- ensure the management of the Register in accordance with the Law on State Registers of the Republic of Lithuania, the Regulations and other legislation; 9.
- perform other functions and actions prescribed in the Regulations, the Law on the Register of Property Seizure Acts of the Republic of Lithuania, the Law on State Registers of the Republic of Lithuania and the Law on Legal Protection of Personal Data of the Republic of Lithuania.
- The Central Mortgage office shall perform the following functions: 10.
- receive electronic copies of property seizure acts sent by fax (using the special line only) or make electronic copies of property seizure acts delivered by post or in person, enter the data specified in paragraphs 14.1, 14.2, 14.10 and 14.11 of the Regulations into the database (hereinafter referred to as “the minimum data of a property seizure act”) and distribute the property seizure acts over data transfer networks to mortgage departments for registration; 10.
- receive the data of property seizure acts sent electronically and distribute the property seizure acts over the data transfer networks to mortgage departments for registration; 10.
- accumulate and manage electronic copies of property seizure acts as well as the data of property seizure acts registered by mortgage departments and update and keep them; 10.
- provide data about the registered property seizure acts in accordance with the procedure established by the laws of the Republic of Lithuania and the Regulations; 10.
- ensure the Register data security and transmission over the data transmission networks and submit proposals to the leading Register management institution regarding the improvement of the Register data security; 10.
- perform the Register supervision work; 10.
- establish relations with other Registers, transfer Register data to other registers and receive data from other registers. 10.
- manage the archive of the Register’s database; 10.
- provide the statistical data of the Register; 10.
- organize training and educational courses on the subjects of registration of property seizure acts and data provision for Register data providers as well as for the civil servants and employees of the Register management institutions; 10.
- perform the other functions specified in the Regulations, the Law on State Registers of the Republic of Lithuania and the Law on Legal Protection of Personal Data of the Republic of Lithuania.
- Mortgage branches shall perform the following functions: 11.
- register property seizure acts in the Register by entering the data of property seizure acts (except for the minimum data of property seizure acts) into the Register database; 11.
- in accordance with the procedure established by the Law on the Register of Property Seizure Acts of the Republic of Lithuania and the Regulations, correct errors in the Register data and inform the persons concerned by fax or electronically; 11.
- issue certificates about the registration and removal from the Register of a property seizure act; 11.
- provide the Register data to natural and legal persons in accordance with the procedure established by the laws of the Republic of Lithuania and the Regulations; 11.
- performs other functions specified in the Regulations, the Law on the Register of Property Seizure Acts of the Republic of Lithuania, the Law on State Registers of the Republic of Lithuania and the Law on Legal Protection of Personal Data of the Republic of Lithuania.
- The Register management institutions, implementing the functions assigned to them based on their competence, must ensure that: 12.
- the Register operates continuously; 12.
- the Register data corresponds to the data specified in the documents submitted to the Register management institutions; 12.
- the Register data received from the related registers is regularly updated; 12.
- incorrect, inaccurate or incomplete Register data or Register data changes are immediately corrected, updated or supplemented in accordance with the procedure established in the Law on the Register of Property Seizure Acts of the Republic of Lithuania and the Regulations; 12.
- the Register data recipients that received incorrect, inaccurate or incomplete Register data are informed about the corrections made; 12.
- the Register data security requirements are complied with; 12.
- the Register is managed in accordance with the Regulations and other legislation.
- The Register management institutions, implementing the functions assigned to them according to their competence, shall have the right: 13.
- to demand from the Register data providers that the Register data, their amendments and documents should be drafted appropriately, delivered in time and correspond to the data of the related registers; 13.
- to grant a period of time for the elimination of defects if the Register management institution determines that the data or documents provided to the Register are inaccurate or in violation of the requirements established by the legislation; 13.
- to perform the other actions prescribed by the Regulations. III. REGISTER DATA
- The following data about property seizure acts shall be accumulated and managed in the Register: 14.
- the unique number of a property seizure act in the Register; 14.
- the person whose property is seized: the name, surname, personal code and address of a natural person; the name, code, and office address of a legal person; 14.
- the person whose claims are to be satisfied by property seizure (creditor), except for the cases when the creditor is unknown: the name, surname, personal code and address of a natural person; the name, code and office address of a legal person; 14.
- the name, code (if the property is registered in the property register), location, short description, and other identifying data of the seized property; 14.
- the owner (co-owner) of the seized property: the name, surname, personal code and address of a natural person; the name, code and office address of a legal person; 14.
- the grounds for property seizure; 14.
- the ways of property seizure (the right to property can be limited entirely or separate constituent parts of the right may be limited), its scope as well as the term of property seizure expressed as a calendar date, if one is established; 14.
- other limitations of rights related to property seizure, if applicable; 14.
- the keeper or administrator of the seized property: the name, surname, personal code and address of a natural person; the name, code and office address of a legal person; 14.
- the time and place of adopting the act of property seizure; 14.
- the institution (name and office) or officer (name and surname) that adopted the property seizure act; 14.
- the date and time of the receipt of the property seizure act by the Register; 14.
- the date and time of the registration in the Register (removal from the Register) of the property seizure act; 14.
- the status assigned to the property seizure act; 14.
- an electronic copy of the property seizure act.
- The unique number of a property seizure act, which is assigned when registering the act in the Register, shall consist of 10 characters. The first and the second characters shall represent the Register management institution that registered the property seizure act, the third and the fourth characters shall stand for the year when the property seizure act was registered (the last two digits of a year), and the remaining characters shall represent the serial number of the property seizure act in the Register.
- The identification codes assigned by the registers registering persons and property, apart from other data, shall be used in property descriptions and the Register for the identification of persons and seized property in property seizure acts. The data classifications used by the Register to classify a Register object shall be the following: 16.
- the classification of the Register management institutions; 16.
- the classification of the status of property seizure acts (“Temporary” or “Final”); 16.
- the classification of the reasons for changes in a property seizure act; 16.
- the classification of the reasons for removing a property seizure act from the Register.
- In order to identify the property objects not subject to registration in the registers, the leading Register management institution shall set the requirements for the description of such objects. The persons whose registration is optional according to the laws of the Republic of Lithuania shall be assigned, in accordance with the procedure established by the leading Register management institution, temporary identification codes used to identify the said persons in the Register. IV. REGISTRATION OF REGISTER OBJECTS
- Data about a property seizure act shall be entered into the Register from the property seizure acts and property descriptions submitted by data providers to the Central Mortgage Office. Data providers shall be responsible for the accuracy and correctness of the data provided to the Register in accordance with the procedure established by the laws of the Republic of Lithuania and, after receiving information that the data they provided is incorrect or incomplete, shall correct it and provide the corrected data to the Central Mortgage Office. A property seizure act shall be submitted by fax (the special line only), electronically, by post or in person for registration by the institution or officer that adopted the property seizure act.
- At the Central Mortgage Office, an electronic copy of a property seizure act sent by fax (special line only) shall be received or an electronic copy of a property seizure act delivered by post or in person shall be made and saved in the Register database.
- A received property seizure act shall be registered in the electronic journal of received documents (hereinafter referred to as “the electronic journal”). The electronic journal shall contain the following data: 20.
- the date when the property seizure act was received; 20.
- the serial number of the electronic journal; 20.
- the institution or officer that adopted the property seizure act.
- Having noticed that a property seizure act does not contain the data specified in subparagraphs 1, 3, 4, 5, 6 and 9 of paragraph 1 of Article 8 of the Law on Property Seizure Acts of the Republic of Lithuania or that the data is inaccurate, the Central Mortgage Office shall inform the institution or officer that adopted the property seizure act about that without delay.
- The Central Mortgage Office shall enter the minimum data of a property seizure act into the Register database. This data, connected with the electronic copy of the property seizure act saved in the Register database, shall be transferred over the data transmission networks to mortgage departments for registration.
- A mortgage department shall enter the data of a property seizure act from the electronic copy of the property seizure act and register the property seizure act in the database without delay and no later that within 8 working-hours, except for the cases when the registration of the act is refused by an order of a mortgage judge.
- In the cases specified in Article 11 of the Law on the Register of Property Seizure Acts of the Republic of Lithuania, a property seizure act shall be registered temporarily without specifying the complete data on the whole or part of the property seized prescribed by Article 8 of the said law. The mortgage department shall give the status “Temporary” to a temporarily registered property seizure act.
- The grounds and the procedure of refusal to register a property seizure act are established by Article 9 of the Law on the Register of Property Seizure acts of the Republic of Lithuania. An order regarding the refusal to register a property seizure act shall be passed by a mortgage judge in accordance with the procedure established by the laws of the Republic of Lithuania.
- If an order of a mortgage judge regarding the refusal to register a property seizure act was reversed on appeal or cassation and a court has ruled to order the Register management institution to register a property seizure act, the property seizure act must be registered in the Register without delay and no later than within 8 working-hours from the receipt of the res judicata court ruling ordering the registration of the property seizure act.
- A property seizure act shall be deemed registered when the registration data is entered in the database and the Register object is assigned a unique number. After registering a property seizure act in the Register database, a certificate about the registration of the property seizure act shall be printed and signed at the mortgage department, specifying the status of the registration of the document in the Register as “Temporary” or “Final”.
- Within 3 workdays from the day of the registration of a property seizure act, the mortgage department shall send a certificate referred to in paragraph 27 of the Regulations to the institution or officer that adopted the property seizure act. In those cases when property is seized by a ruling (order) of a court (judge), the said certificate shall also be sent to the person whose property was seized within 3 workdays from the day of the registration of the property seizure act.
- The Register data shall be changed when a document (ruling, order, resolution, additional property seizure act or property description) changing or supplementing a registered property seizure act or cancelling the seizure of a part of the seized property is delivered to the Central Mortgage Office by fax (special line only), electronically, by post or in person. The Central Mortgage Office, having established a link between the change of a property seizure act and the property seizure act being changed, shall transfer them over data transmission networks to a mortgage department for registration. When submitting changes of a property seizure act or the documents confirming the fact of the cancellation of property seizure, the unique number of the property seizure act being changed or removed from the Register shall be specified.
- Changes to property seizure acts shall be registered in accordance with the same procedure and terms that apply to the registration of property seizure acts.
- A property seizure act (change thereof) shall be removed from the Register on the basis of: 31.
- a decision of the institution that adopted the property seizure act, a ruling (order) of a court (judge) or a decision of another institution or officer empowered to cancel property seizure; 31.
- a deed of property sale (transmission to the creditor) if the property is sold (transferred to the creditor) in accordance with the procedure established in the Code of Civil Procedure of the Republic of Lithuania. The mentioned documents and data shall be provided to the Central Mortgage Office by fax (the special line only), electronically, by post or in person.
- When changes of a property seizure act or documents confirming the fact of cancelling property seizure are submitted, the unique Register number of the property seizure act being changed or removed from the Register shall be specified.
- Property seizure acts shall be removed from the Register by mortgage departments. At the Central Mortgage Office, an electronic copy of the document confirming the fact of the cancellation of property seizure received by fax shall be saved or an electronic copy of the document delivered by post or in person shall be made and the received document shall be registered in the electronic journal. The electronic copy shall be linked with a registered property seizure act (the main document) and the minimum data of the document confirming the fact of the cancellation of property seizure shall be entered into the data base and transferred to mortgage departments. The mortgage departments shall remove the property seizure act along with all of the registered changes and supplementations from the Register. Property seizure acts shall be removed from the Register within 8 working-hours from the receipt of the documents confirming the fact of the cancellation of property seizure. After removing a property seizure act, a certificate of the removal from the Register of a property seizure act shall be printed and signed at the mortgage department.
- After removing a property seizure act from the Register, the data of the property seizure act shall be immediately transferred from the Register database to the database archive and assigned the status “Archive”.
- A certificate about the registration or removal from the Register of a property seizure act (or a change thereof) shall be sent, within 3 workdays from the day of the registration of a change of the data of the property seizure act or the removal from the Register of the property seizure act, to the institution or officer that adopted the property seizure act.
- The Register data about changes in the data of the seized property (a change of the identification code, merging or division of property or other data) based on a notification from the Register management institution of the property shall be changed in the Register by the Register management institutions within 24 hours from the receipt of the notification. The institution or officer that adopted the property seizure act shall be informed about a change of the Register data within 3 workdays from the day of the registration of the change.
- After establishing the fact that incorrect data was provided in the documents submitted for registration, the mortgage department must immediately notify the institution or officer that adopted the property seizure act in writing so that the error is corrected and inform the Central Mortgage Office about that. After a data provider submits the documents with a corrected error, the Central Mortgage Office shall enter the minimum data of the property seizure act into the database, link the received document with the property seizure act and transfer it to the mortgage department for the correction of the data of the property seizure act. An error in the Register shall be corrected within 3 workdays from the day of the receipt of the notification at the Register management institution. Within 3 working-days from the day of the correction of the error, the Register management institutions shall notify the institution or officer that adopted the property seizure act as well as the persons to whom incorrect data was transferred by sending them a certificate of registration of a property seizure act (or a change thereof).
- If it is established that incorrect, inaccurate or incomplete data was entered into the Register database through the fault of the Register management institution, it must, within 3 workdays, correct the inaccuracies and notify all the Register data recipients to whom incorrect, inaccurate or incomplete data was transferred free of charge.
- Having noticed that incorrect, incomplete or unnecessary data is specified in the Register, the institution or officer that adopted the property seizure act shall have the right to demand that incorrect data is corrected, incomplete data is supplemented and unnecessary data is removed. Having received this demand and having made sure that it is grounded, the Register management institution must satisfy it in accordance with the procedure established in the Regulations and notify the institution or officer that adopted the property seizure act. The demand must be examined and the error corrected or a reasoned refusal to satisfy the demand must be presented within 5 workdays from the day of the receipt of the demand.
- The person whose data is entered into the Register, having familiarized itself with its data managed at the Register, shall have the right to demand that incorrect or inaccurate data is corrected, incomplete data is supplemented, and unnecessary or illegally collected data is removed. The Register management institutions must, within 5 workdays from the day of the receipt of the demand and the documents confirming the facts specified in the demand, correct the specified inaccuracies and notify the person that demanded the correction or present a reasoned refusal to change data.
- The persons handling personal data must protect the data secrecy for the period defined in the laws and other legislation of the Republic of Lithuania.
- Legal, administrative, organizational, technical and other measures shall be used to ensure that no incorrect, inaccurate or incomplete data is entered in the course of Register management and that Register data corresponds to that contained by the registration documents. V. INTERACTION WITH OTHER REGISTERS
- The data of other registers shall be used in the Register data management: 43.
- the data of the Residents Register of the Republic of Lithuania – to verify the data of natural persons specified in paragraphs 14.2, 14.3, 14.5, 14.9 and 14.11 of the Regulations; 43.
- the data of the Register of Legal Persons – to verify the data of legal persons specified in paragraphs 14.2, 14.3, 14.5, 14.9 and 14.11 of the Regulations; 43.
- the data of the Register of Immovable Property – to verify the data on immovable property specified in paragraph 14.4 of the Regulations; 43.
- the data of the registers of movable property – to verify the data of seized movable property and registered movable property specified in paragraph 14.4 of the Regulations.
- In those cases when property registered in the Register is seized, the Central Mortgage Office shall send a notification on the limitation of the right to the property registered in the Register to the respective property register (Register of Immovable Property or registers of movable property) in accordance with the procedure established in the data exchange agreement within 8 working-hours from the moment of the Registration of the property seizure act. Data shall also be sent to a respective property register within 8 working-hours when a change of a property seizure act is registered or a property seizure act is removed from the Register.
- In those cases when a property administrator is appointed after seizing the property of a legal person, the manager of the Register database shall inform the Register of Legal Persons in accordance with the procedure established in the data exchange agreement about the established property administration (termination of administration) within 8 working-hours from the registration of the property seizure act.
- Interaction with each register shall be defined in a data provision (exchange) agreement.
- If it is established that the data received from a relevant register differs from the data provided by Register data providers or other inaccuracies of the data received from a relevant register are found, the Register management institution of the relevant register shall be informed about the noticed inaccuracies of the data it has provided without delay and incorrect, inaccurate or incomplete data together with the explanation of the circumstances shall be transferred to it without delay.
- The Register management institution that receives information on the established inaccuracies of the data transferred to it and the explanations of the circumstances from a relevant register, must verify the provided information within 3 workdays and, if it is found to be true, correct the inaccuracies. This term shall be extended to 30 days when the Register management institution has to contact the Register data provider regarding the correction of the inaccuracies. After correcting the inaccuracies in the Register data, the Register management institution shall immediately notify the Register management institution of the relevant register and the recipients of Register data to whom incorrect, inaccurate or incomplete data was transferred. VI. PROVISION AND USE OF THE REGISTER DATA
- The Register data shall be provided: 49.
- by electronic transfer; 49.
- by issuing certificates about the registration or removal from the Register of a property seizure act (or a change thereof) (hereinafter referred to as “certificates”); 49.
- by providing extracts from the Register: 49.3.
- complete Register information consisting of all the relevant data on a Register object; 49.3.
- complete Register information integrated with a summary of the documents of the Mortgage Register of the Republic of Lithuania consisting of all the relevant data of the Register as well as the data identifying an object of the Mortgage Register of the Republic of Lithuania; 49.3.
- a summary of Register data consisting of all the data identifying a Register object; 49.3.
- a summary of Register documents integrated with a summary of the documents of the Mortgage Register of the Republic of Lithuania consisting of the data identifying an object of the Register and an object of the Mortgage Register of the Republic of Lithuania; 49.3.
- a short message of the Register about the seizure of pledge of a thing (property right) confirming or denying the fact that the Register and the Mortgage Register of the Republic of Lithuania contains data about the seizure and pledge of a thing (property right); a short message of the Register according to the personal code of a natural (legal) person confirming or denying the fact that the Register and the Mortgage Register of the Republic of Lithuania contains data about the seizure and pledge of the property of the specified person; 49.
- by providing information collections (summaries) to order; 49.
- by viewing data on a computer screen. Register extracts may be provided in writing, electronically or by other means of communication. A specific form of Register data provision shall be established in the Rules of Registration of Register Objects adopted by the leading Register management institution.
- The certificate referred to in paragraph 49.2 of the Regulations shall be issued after the registration or removal from the Register of a property seizure act (or a change thereof) or at the request of a natural or legal person. A person willing to obtain an extract from the Register or a collection of information to order must submit a written application to the Register management institutions, specifying the following data: the name and surname (the code, legal form and name of a legal person) and address of the applicant, the purpose of applying for data and one of the data items specified in paragraph 53 of the Regulations. A received application shall be registered in the journal of received applications and marked with a stamp specifying the serial number in the journal of received applications and the date when the application was received. Data shall be provided electronically in accordance with the agreements between the Central Mortgage Office and Register data recipients. The agreements must indicate the purpose of obtaining data. Data shall be provided in other ways according to a written application of a person in compliance with the procedure established by the Regulations.
- A Register extract must be provided (sent by post, electronically, by other means of communication or handed to a person) within 5 workdays from the day of the receipt of the application for a Register extract at the Register management institutions. Data shall be viewed on a computer screen without delay and free of charge.
- Personal data shall be provided on the basis of data provision agreements or personal written applications in compliance with the Law on Legal Protection of Personal Data of the Republic of Lithuania. An agreement (application) must specify the purpose, conditions and procedure of personal data use.
- The Register data may be provided according to: 53.
- the unique number of a property seizure act; 53.
- the identification code of the property owner; 53.
- the identification code of the seized property.
- The Register data shall be provided to natural and legal persons, with the exception of state institutions that enjoy the right to receive the Register data free of charge in the cases specified in Article 16 of the Law on the Register of Property Seizure Acts of the Republic of Lithuania, for a fee the amount and the payment procedure of which shall be established by the Government of the Republic of Lithuania.
- The Register data shall be public. Every person shall have access to the Register data in accordance with the procedure established in the Regulations.
- Every natural person whose data is entered in the Register shall have the right to access his personal data at the Register management institutions. The person must produce an identification document and a written application specifying the following data: the name, surname and address of the person applying for data, one of the data items specified in paragraph 53 of the Regulations, and the desired way of obtaining data. Once a calendar year, such data shall be provided to a data subject free of charge. A received application shall be registered in the journal of received applications and marked with a stamp specifying the serial number in the journal of received applications and the date when the application was received. A person may view the data on a computer screen without delay and the data must be delivered (by post, electronically or by other means of communication or handed to a person) within 3 workdays from the day of the receipt of the application at the Register management institutions.
- The website of the Central Mortgage Office shall provide information about the Register’s object and purposes, the Register management institutions, Register management, the rights of persons to access their data managed at the Register, the procedure of correcting incorrect or inaccurate data or supplementing incomplete data, the Register data providers, the Register data recipients, the ways of providing the list of documents and data provided to the Register as well as the amount thereof. VII. TRANsfer of REgister DATA to Foreign States
- Register data shall be provided to the legal and natural persons of the states of the European Economic Area as well as to company branches and representative offices established in those states in accordance with the same procedure that applies to the legal and natural persons of the Republic of Lithuania as well as to the branches and representative offices of companies established the European Economic Area states that are established in the Republic of Lithuania.
- Register data shall be provided to the legal and natural persons of third countries in accordance with the laws of the Republic of Lithuania and the international agreements and other legislation of the Republic of Lithuania. viii. SECURITY OF REGISTER DATA
- Register data security shall be the responsibility of the Register management institution. Specific Register data security measures shall be established in the Regulations of Register Data Security adopted by the leading Register management institution.
- Personal data shall be managed pursuant to the Law on Legal Protection of Personal Data of the Republic of Lithuania, other legislation as well as the guidelines of the State Data Protection Inspectorate.
- The Register management institutions shall choose organizational and technical security measures for the Register data in accordance with the type of data and the risks posed by its management. Register data must be protected from accidental or unlawful destruction, disclosure, change and any other unlawful handling.
- Administrative, organizational, technical, programme and other measures shall be prescribed in accordance with the General Data Protection Requirements approved by Resolution No 952 of the Government of the Republic of Lithuania of 4 September 1997 (Valstybės žinios (Official Gazette) No 83-2075, 1997; No 2-45, 2003) and other legislation on data security. These measures shall be prescribed by the leading Register management institution.
- The measures of Register data security must cover: 64.
- limited access to the premises of the Register institution for the Register data providers and recipients as well as other persons; 64.
- a hierarchic system of access to the Register data for employees managing Register data; 64.
- a depository for the information systems and copies of the database; 64.
- resumption of the operation of the information system of the Register in the cases of data damage or destruction.
- Software measures of Register data security must comply with the following requirements: 65.
- perform unique identification of every Register data recipient and employee handling Register data; 65.
- ensure a password system; 65.
- register all computer operations of the Register data management and attempts to perform them; 65.
- ensure the invulnerability of the Register data to system and application software.
- The technical measures of the Register data security must prevent information leakage as well as distortion in computer workplaces as well as in communication lines.
- The employees of the Register management institution who violate the requirements of the Republic of Lithuania laws, the Regulations or other legislation shall be liable in accordance with the laws of the Republic of Lithuania. iX. REGISTER DATA
- The Register is financed from the State Budget of the Republic of Lithuania and from the revenues received by the Register management institutions for the Register services provided. X. REORGANIZATION AND LIQUIDATION OF THE REGISTER
- The Register shall be reorganized and liquidated according to the procedure established by the Law on State Registers of the Republic of Lithuania and the Government of the Republic of Lithuania.
- The data of a liquidated or reorganized state register shall be transferred to another register, destroyed or transferred to the state archives in accordance with the procedure prescribed in the Law on Documents and Archives of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 107-2389, 1995; No 57-1982, 2004). ––––––––––––––––