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Įstatymas skelbtas: ˇin OFFICIAL TRANSLATION REPUBLIC OF LITHUANIA LAW ON THE APPROVAL OF THE STATUTE OF THE STATE SECURITY DEPARTMENT 5 July 2002 No IX-1042 (As last amended on 17 June 2008 – No X-16

19) Vilnius Article

  1. Approval of the Statute of the State Security Department of the Republic of Lithuania The Statute of the State Security Department of the Republic of Lithuania shall be approved (enclosed). Article
  2. Entry into Force of the Law This Law shall enter into force on 1 August
  3. I promulgate this Law passed by the Seimas of the Republic of Lithuania. president of the republic VALDAS ADAMKUS APPROVED By Republic of Lithuania Law No IX-1042 of 5 July 2002 IX-1042 STATUTE OF THE STATE SECURITY DEPARTMENT OF THE REPUBLIC OF LITHUANIA CHAPTER I GENERAL PROVISIONS Article
  4. Purpose of the Statute The Statute of the State Security Department of the Republic of Lithuania (hereinafter referred to as “the Statute”) shall regulate the basic principles of service at the State Security Department (hereinafter referred to as “the Security Department”, “the Department”), the organisational structure and management of the Security Department, the conditions of and procedure for recruiting to service as well as dismissing therefrom the officers of the Security Department (hereinafter referred to as “security officers”), the course of their service, provision with incentives as well as responsibility of security officers, social guarantees and other peculiarities of their status as well as service. Article
  5. Regulation of the Legal Status of Security Officers The status of security officers shall be regulated by the Law on the State Security Department, this Statute and other legal acts. CHAPTER II SYSTEM AND MANAGEMENT OF THE SECURITY DEPARTMENT Article
  6. System of the Security Department
  7. The system of the Security Department shall consist of the central office and territorial offices of the Security Department as well as special mission offices under the Security Department (hereinafter referred to as “special mission offices”). The structure of the Security Department shall consist of the central office of the Security Department (with structural divisions) as well as territorial offices.
  8. The central office of the Security Department shall perform functions of the Security Department, organise and control the activities of territorial as well as special mission offices.
  9. Territorial offices shall, in accordance with the powers granted to them by Director General of the Security Department, perform functions in the specified administrative territorial units of the Republic of Lithuania. Article
  10. Heads of the Security Department
  11. The Security Department shall be headed by the Director General. The Director General shall have deputies.
  12. The collegium of the Security Department shall be an advisory institution to the Director General of the Security Department.
  13. The Director General of the Security Department shall: 1) organise the work of the Department and be in charge thereof; 2) represent the Department; 3) submit to the President of the Republic candidatures for the office of Deputy Directors General of the Security Department as well as proposals on their dismissal from office; 4) submit to the Prime Minister candidatures for the office of heads of special mission offices as well as proposals on the dismissal of the heads of these offices from office; 5) in accordance with the established procedure, submit draft laws and other legal acts to the state institutions granted the right of legislative initiative; 6) determine the structure of the Security Department, set up and liquidate structural divisions of the central office as well as territorial offices of the Security Department; 7) approve the regulations of the structural divisions of the central office and territorial offices of the Security Department, establish and approve lists of staff and positions of officers and other civil servants of the Security Department; 8) recruit and dismiss from service officers as well as other civil servants of the Security Department, take decisions on their transfer to another post, removal from office as well as other issues related to their legal status; 9) form the collegium of the Security Department, the Performance Appraisal Commission as well as approve the legal acts regulating activities thereof; 10) confer the official ranks and qualification categories of security officers to officers of the Security Department, with the exception of the official ranks conferred by the President of the Republic; 11) provide information, conclusions and recommendations on the issues of state security to the President of the Republic, the Seimas and the Government and where necessary, to state and municipal institutions and bodies; 12) carry out the assignments of the President of the Republic, the Seimas and the Government related to the functions of the Security Department; 13) issue orders and control implementation thereof; 14) perform other functions provided for in the Law on the State Security Department as well as other legal acts.
  14. Deputies of the Director General of the Security Department shall organise and control the activities of structural divisions without exceeding the powers granted to them by the Director General.
  15. Where the Director General of the Security Department is away, cannot perform his duties because of sickness or for other important reasons, his duties shall be performed by the Deputy Director General authorised by the Director General. Article
  16. Collegium of the Security Department
  17. A collegium of the Security Department shall be formed by an order of the Director General of the Security Department (hereinafter referred to as “the Collegium”). The Collegium shall consist of the Director General, deputies thereof, heads of the boards and units of the central office, heads of territorial offices and other officials of the Security Department as appointed thereto by the Director General.
  18. The Collegium shall consider and generalise the work of the Security Department and consider other issues assigned to it by the Director General as well as raised by members of the Collegium. Decisions of the Collegium shall be taken in the form of resolutions.
  19. The activities of the Collegium shall be regulated by the regulations of the Collegium as approved by an order of the Director General. Article
  20. Performance Appraisal Commission
  21. A standing Performance Appraisal Commission shall be set up by an order of the Director General of the Security Department. It shall consist of the security officers appointed by the Director General.
  22. The Performance Appraisal Commission shall evaluate the work of security officers and results thereof, decide whether the officers are suitable for a specific post as well as consider the issues of determination of the qualification categories and the initial official ranks of the security officers and submit to the Director General proposals on the conferment of the qualification categories and the initial official ranks.
  23. The legal basis, periodicity and procedure of the performance appraisal of security officers as well as activities of the Performance Appraisal Commission shall be regulated by the Regulations for Performance Appraisal as approved by an order of the Director General. Article
  24. Security Officers
  25. Security officers shall be the statutory civil servants appointed to a certain post within the system of the Security Department and granted administrative powers in respect of the persons not subordinate to them.
  26. Persons shall become security officers upon appointment to a specific post and taking the oath of loyalty to the State of Lithuania.
  27. Security officers shall perform the functions specified in the Law on the State Security Department, the Law on Intelligence, other laws and other legal acts. The functions, rights and duties of the security officers shall also be regulated by the regulations of structural divisions of the central office and territorial offices of the Security Department, job descriptions of the security officers as well as other legal acts approved by orders of the Director General of the Security Department. CHAPTER III SERVICE OF SECURITY OFFICERS Article
  28. Service of Security Officers
  29. The service of security officers shall be based on the principle of official subordination.
  30. A security officer must carry out the orders or instructions of a superior security officer. The security officer must immediately notify the Director General of the Security Department or the Deputy Director General who is in charge of a respective field of official activities of a received order or instruction which is in contradiction to law or exceeds the official powers of a superior officer. The Prosecutor General or his deputy shall be immediately notified of an order or instruction of the Director General of the Security Department which is in a clear contradiction to law. The carrying out of an order or instruction which is in contradiction to law shall not exempt from liability.
  31. It shall be permitted to refer to the senior management where the orders or instructions of an immediate superior are unlawful as well as where the immediate superior fails to deal with the issues falling within the limits of his competence or for other important reasons. Security officers may refer to an official of another structural division on the issues related to service upon obtaining a consent (permission) of their immediate superior.
  32. Security officers may be sent on a business trip in accordance with the procedure laid down by the Director General of the Security Department.
  33. In the event of official necessity, security officers may, upon a written or verbal instruction of the Director General of the Security Department, be placed on duty or be ready for duty. Article
  34. Guarantees of the Activities of Security Officers
  35. Criminal proceedings may be instituted against a security officer upon a decision of the Prosecutor General or deputy thereof.
  36. In the course of their official duties, security officers may not be brought in or detained, subjected to a body search, search of their personal effects, personal or official vehicles, where the immediate superior of a security officer or another authorised representative of the Director General of the Security Department does not consent thereto or does not participate therein, with the exception of the cases when the security officer is detained in flagrante delicto. In this case, the institution which has detained the security officer must give notice of his detention within 24 hours to the Director General of the Security Department and the Prosecutor General or deputy thereof.
  37. Security officers shall be liable for administrative offences in accordance with the disciplinary procedure on the basis of this Statute, except for the cases specified by laws. Material on an administrative offence committed by a security officer and subject to disciplinary liability shall be handed over to the Director General of the Security Department.
  38. In order to ensure the protection of security officers and their family members, measures may be applied as provided for in the Law on the Protection of Participants in Criminal Proceedings and Operational Activities and Officials of Justice and Law Enforcement Institutions against Criminal Influence.
  39. Data on security officers shall not be submitted to the register of civil servants. Article
  40. Use of the Documents and Means not Disclosing the Identity and Affiliation with the Service
  41. Security officers may, in performing the tasks related to service, make use of the documents and means not disclosing the identity and affiliation with the service.
  42. The basis and procedure for issuing, using, seizing and returning the documents and means specified in paragraph 1 of this Article shall be regulated by an order of the Director General of the Security Department and other legal acts. Article
  43. Restrictions of the Activities of Security Officers
  44. Security officers shall be prohibited from: 1) holding membership in and being sponsors of political parties and political organisations or participating in activities thereof as well as participating in any other political activities; 2) being an appointed (elected) member of the governing body of an undertaking, agency or organisation and receiving remuneration for this work; 3) concluding transactions on behalf of the Security Department with individual (personal) enterprises and partnerships the owners or general/limited members of which are either they themselves or the persons specified in subparagraph 8 of Article 16 of the Statute as well as with the companies in which they themselves or the specified persons hold or control under the power of attorney another person’s shares; 4) representing the interests of domestic and foreign undertakings; 5) working as an employee, advisor, expert or consultant in private legal entities, state or municipal enterprises, other state or municipal institutions and agencies, public establishments as well as receiving remuneration other than provided for by the laws or other legal acts regulating the remuneration for work of security officers, with the exception of the cases when this is necessary for the interests of service and does not exceed the time period required to achieve the objective of a task; 6) striking or picketing.
  45. A security officer may not accept presents or services directly or indirectly related to the post held by him, except for the cases specified by laws.
  46. Subject to a consent of the Director General of the Security Department, a security officer may be engaged in scientific, teaching or creative activities as well as receive remuneration for the scientific activities and author’s fees for the works considered to be objects of intellectual property rights. Article
  47. Training and Improvement of Qualifications of Security Officers
  48. Security officers may be trained as well as may improve their qualifications at general and special scientific and educational institutions and other establishments in Lithuania and abroad.
  49. In-service training courses shall be organised for security officers at the Training Centre of the Security Department according to approved programmes.
  50. The Security Department may conclude with a security officer a contract on the conditions of payment for his studies. A security officer who has failed to comply with the contract, has not worked for a time period provided for in the contract or has resigned from the civil service prior to the expiry of the contract or has been dismissed through his own fault must cover the expenses borne by the Security Department and related to his training. CHAPTER IV SECURITY OFFICERS’ RECRUITMENT, TRANSFER TO ANOTHER POST AND DISMISSAL FROM SERVICE Article
  51. Requirements Set to the Persons Willing to Serve as Security Officers
  52. The citizens of the Republic of Lithuania of sufficiently good record, not younger than 20 years old and having the command of the state language may be recruited as security officers, where they have completed mandatory initial military service in accordance with the procedure laid down by the Law on National Conscription or relieved from it in accordance with the procedure laid down by law as well as are suitable for a specific post according to their education, intellect and moral qualities, professional and physical preparedness and state of health.
  53. The Director General of the Security Department may set additional requirements (in respect of education, professional activities, period of employment, knowledge of foreign languages) for certain positions.
  54. The persons having the education necessary to be appointed to a post according to the requirements set by the Law on Civil Service may be appointed as security officers. Article
  55. Selection of Security Officers Persons shall be recruited to the service of security officers by means of selection. The selection shall be carried out in accordance with the procedure laid down by an order of the Director General of the Security Department in order to determine whether a person is suitable for service as a security officer. Article
  56. Health Check-up The persons who have applied for service at the Security Department shall be examined by an appropriate medical examination commission. The commission shall present a conclusion on the state of health of the person. Article
  57. Restrictions on Recruitment to the Security Department The Security Department may not recruit the persons: 1) who have been convicted for an intentional crime or crime against civil service; 2) who have been dismissed for the actions discrediting the name of the officer; 3) who have been dismissed from the civil service for misconduct in office or upon the loss of confidence, unless 10 years have lapsed from the day of dismissal; 4) who have refused to take the oath of loyalty to the State of Lithuania; 5) who are members or sponsors of political parties and political organisations or the persons who otherwise participate in activities thereof or participate in any other political activities; 6) who are former staff members of the USSR state security committee (NKVD, NKGB, MGB, KGB) – in compliance with the requirements of the Law on the Assessment of the USSR State Security Committee (NKVD, NKGB, MGB, KGB) and the Current Activities of the Staff Members of this Organisation; 7) who are subject to limitations of activities pursuant to the Law on Registering, Confession, Entry into Records and Protection of Persons who Have Admitted to Secret Collaboration with Special Services of the Former USSR; 8) whose parents, adoptive parents, brothers, sisters, spouses, children, or adopted children serve as security officers, where they would be related by direct subordination. Article
  58. Procedure of Recruitment to Service and the Oath of a Security Officer
  59. With the exception of the persons who are appointed by a decree of the President of the Republic, persons shall be recruited to service at the Security Department and appointed by an order of the Director General.
  60. A security officer shall assume office upon the taking of the oath of loyalty to the State of Lithuania. Every officer shall take the oath in person and sign the text of the oath. This text shall be kept in a personal file of the officer. Article
  61. Probationary Period
  62. When recruited to service at the Security Department, a six-month probationary period shall be established in respect of a security officer from the day of his appointment. The period of leave and temporary incapacity shall not be included in the probationary period. No probationary period shall be established in respect of the officers appointed by the President of the Republic.
  63. During the probationary period, the Director General of the Security Department shall have the right to terminate the service of a security officer without specifying reasons therefor. In this case, the security officer shall be dismissed from the service according to subparagraph 7 of paragraph 1 of Article 22 of this Statute. Article
  64. Official Identification Card and Uniform
  65. Security officers shall have an official identification card and a uniform with distinctive insignia. Security officers may have an official badge.
  66. The uniform of security officers shall be sewed according to the sketches and models approved by the Government. Samples of distinctive insignia shall be approved and the procedure for arranging them shall be laid down by the Government.
  67. The procedure for issuing and wearing a uniform shall be laid down by the Director General of the Security Department.
  68. In accordance with the procedure laid down by the Director General of the Security Department, security officers may be paid a compensation in the amount of 80 per cent of the value of the uniform. Article
  69. Transfer to Another Post
  70. A security officer may, under an order of the Director General of the Security Department, be transferred to a senior, equivalent or lower post of a security officer.
  71. A security officer may be promoted: 1) by consent of the officer; 2) in the event of official necessity – for a period not exceeding 3 months.
  72. A security officer may be transferred to an equivalent post: 1) by his own request or consent; 2) due to the reduction of the number of employees; 3) in the event of official necessity – for a period not exceeding 3 months.
  73. A security officer may be transferred to a lower post: 1) by his own request or consent; 2) due to the reduction of the number of employees – where it is impossible to transfer him to an equivalent post; 3) due to the reduction of the number of employees – where it is impossible to transfer him to an equivalent post; 4) for disciplinary misconduct.
  74. An order of the Director General of the Security Department on the transfer of a security officer to an equivalent or lower post must specify the reason for the transfer. Article
  75. Temporary Assignment to Perform Other Duties
  76. In the event of official necessity, the Director General of the Security Department may issue an order temporarily assigning a security officer, without transferring him to another post and without his consent, to perform another senior, equivalent or lower duties of a security officer corresponding to his qualifications.
  77. The duration of a temporary assignment of a security officer as specified in paragraph 1 of this Article may not exceed 1 year over 5 years of his service at the Security Department.
  78. Upon assigning a security officer to perform senior duties in accordance with the procedure laid down in paragraph 1 of this Article, he shall be paid a remuneration according to this post. Upon assigning him to perform lower duties, he shall be paid the remuneration before the temporary assignment.
  79. A security officer may, subject to his consent and in addition to his main duties, be assigned to perform the duties of an officer who is temporarily absent or additional tasks. In the event of the assignment to perform other duties or tasks, a security officer shall be paid the bonus payments as specified by the laws regulating the conditions of remuneration of security officers. Article
  80. Basis for Dismissal from Service
  81. A security officer shall be dismissed from service at the Security Department: 1) when he resigns; 2) upon the entry into force of a court judgement whereby the officer is imposed a punishment for an intentional crime or a crime against the civil service or a punishment which precludes him from occupying his office; 3) when he loses the citizenship of the Republic of Lithuania; 4) upon recognition as unsuitable for the continuation of service by a decision of the Performance Appraisal Commission; 5) when he breaches the oath; 6) when he cannot continue service pursuant to the conclusions of a medical or disability commission; 7) where he has not passed the probationary period; 8) where it emerges that when admitted to the service, he concealed or submitted false data (documents) which made him not eligible for the service; 9) where he degrades the name of a security officer by his behaviour during service hours or outside of service hours; 10) where a circumstance specified in Article 11 or Article 16 of this Statute transpires; 11) when he commits disciplinary misconduct, where a disciplinary penalty – severe reprimand or a more severe penalty – has been imposed on him at least once over the past 12 months; 12) when a disciplinary penalty – dismissal from service – is imposed on him for disciplinary misconduct; 13) when he reaches the age specified in Article 47 of this Statute or has served a time period established by law to receive a state pension of officers and servicemen, where the duration of his service has not been extended in accordance with the established procedure or the term of the extension of his service has expired; 14) in the event of reduction of the number of employees due to changes in the organisation of work; 15) when an officer who previously occupied the post is reinstated in service in the cases specified by law; 16) when he is deprived, in accordance with the procedure laid down by laws, of the special rights related to the performance of his direct duties; 17) when he refuses to work after a change in the conditions of service the cases specified in subparagraph 2 of paragraph 2 of Article 20, subparagraph 3 of paragraph 3 of Article 20 and in paragraph 1 of Article 21; 18) when he is absent from work due to temporary incapacity for more than 120 calendar days in succession or more than 140 calendar days over the past 12 months, unless the laws provide that in the case of certain illnesses the post shall be retained for a longer period, or where absence from work is not due to a bodily injury, mutilation or other health impairment resulting from official duties.
  82. Degrading of the name of a security officer shall mean an act whereby an officer degrades the authority of the Security Department and creates a negative misleading public opinion about the Security Department and officials thereof. Article
  83. Dismissal of a Security Officer upon His Resignation
  84. A security officer shall have the right to resign subject to a written notification of the Director General of the Security Department not later than 14 calendar days in advance. Where the Director General consents, service may be terminated 3 calendar days after the submission of the request.
  85. Where a request for dismissal from service is based on an illness or disability of an officer that prevent him from properly performing official duties, it must be satisfied as of the day specified in the officer’s request.
  86. A security officer shall have the right to withdraw a request not later than within 3 calendar days of the day of its submission, where an order of the Director General on dismissal on this ground has not been issued. Article
  87. Requirements on Dismissal from Service
  88. A security officer may not be dismissed from service during his temporary incapacity or leave, except for the cases of dismissal specified in subparagraphs 1, 2, 6, 8, 16 and 18 of paragraph 1 of Article 22 of this Statute. Where a security officer has been dismissed from service in breach of this provision, the day of his dismissal shall be considered the day of service following the last day of his leave or following the last day of the temporary incapacity.
  89. A pregnant woman as well as a mother or father raising a child under 3 years of age may not be dismissed from service at the Security Department, unless these security officers are guilty.
  90. A security officer may be dismissed from service pursuant to subparagraph 14 of paragraph 1 of Article 22 of this Statute only after notifying him in writing 2 months in advance. Pregnant women (where the Security Department or a special mission office is liquidated), women and/or men alone raising a child (children) under 14 years of age as well as persons entitled to a full old age pension in not more than five years shall be notified in writing about the planned dismissal from service 4 months in advance. Where a security officer is dismissed from service prior to the expiry of the period of notice, the date of his dismissal shall be postponed until the planned expiry of the period of notice.
  91. A security officer may be dismissed from service pursuant to subparagraphs 14 and 15 of paragraph 1 of Article 22 of this Statute only where it is impossible to transfer him to an equivalent post or, subject to the security officer’s consent – to a lower post. Article
  92. Procedure of Dismissal from Service
  93. Security officers shall be dismissed from service by an order of the Director General of the Security Department, with the exception of the officers dismissed by a decree of the President of the Republic.
  94. When dismissed from service, a security officer must, in the accordance with the procedure laid down by the Director General of the Security Department and not later than on the day of dismissal, return his service weapon, special means, official identification card, official badge, documents as well as other work equipment which he received in the course of service. Article
  95. Removal from the Lists of Security Officers The security officers who have died, have been declared dead in accordance with the established procedure or declared missing shall be removed from the lists of officers by an order of the Director General of the Security Department. Article
  96. Reinstatement
  97. A security officer who does not agree to dismissal from service shall have the right to apply to court within 1 month of the receipt of a document confirming the dismissal.
  98. Where a court reinstates a security officer who has been unlawfully dismissed in the post formerly occupied by him, this officer shall be paid his average monthly salary for the entire period of forced absence. Article
  99. Reserve of Security Officers
  100. A reserve of security officers may be formed at the Security Department. The security officers dismissed from service at the Security Department, employed in other institutions and performing specific official tasks as assigned by the Security Department may be included in the reserve of security officers. Persons may be included in the reserve of security officers for a time period not exceeding 4 years.
  101. The procedure for the formation and operation of the reserve of security officers shall be laid down by the Director General of the Security Department. CHAPTER V OFFICIAL RANKS AND QUALIFICATION CATEGORIES OF SECURITY OFFICERS Article
  102. Procedure for Awarding Official Ranks of Security Officers
  103. The official ranks as provided for in the Law on the State Security Department (hereinafter referred to as “official ranks”) shall be conferred by an order of the Director General of the Security Department, account being taken of the post occupied by an officer, the duration of his service, professional experience and performance results. Official ranks shall be conferred to the Director General of the Security Department and deputies thereof by the President of the Republic.
  104. The first official rank shall be conferred to security officers, with the exception of Deputy Directors General, following a 6-month probationary period.
  105. The duration of service of a security officer as necessary for an official rank to be awarded shall be counted as of the day of conferment of a previous official rank. This provision may be omitted in the event of conferring a higher official rank as an incentive.
  106. Official ranks shall not be conferred to security officers with valid disciplinary penalties.
  107. The first official ranks shall be conferred to security officers in accordance with the following procedure: 1) the first official rank, not higher than that of a security instructor, shall be conferred to junior specialists performing the functions of physical security; 2) the first official rank, not higher than that of a junior security consultant, shall be conferred to junior inspectors as well as inspectors performing the functions of physical security; 3) the first official rank, not higher than that of a security consultant, shall be conferred to specialists and inspectors (with the exception of those performing the functions of physical security); 4) the first official rank, not higher than that of a senior security consultant, shall be conferred to senior inspectors and senior specialists; 5) the first official rank, not higher than that of 3rd rank security adviser, shall be conferred to heads of subdivisions and deputies thereof, heads of units of special mission offices and deputies thereof, heads of subdivisions and chief specialists; 6) the first official rank, not higher than that of 2nd rank security adviser, shall be conferred to heads of independent units of the central office and deputies thereof, heads of units of boards and territorial offices and deputies thereof, heads of the boards of special mission offices and chief specialists, heads of units and deputies thereof; 7) the first official rank, not higher than that of 1st rank security adviser, shall be conferred to heads of boards and deputies thereof, heads of special mission offices and deputies thereof; 8) the first official rank, not higher than that of a senior state security adviser, shall be conferred to Deputy Directors General; 9) the Director General of the Security Department shall be conferred the official rank of a chief state security adviser.
  108. Higher official ranks shall be conferred to security officers in accordance with the following provisions: 1) the official rank of a senior state security adviser – to Deputy Directors General, heads of the boards of the central office and deputies thereof, heads of the independent units of the central office, heads of special mission offices and deputies thereof who have served as 1st rank security advisers for at least 4 years; 2) the official rank of 1st rank security adviser – to deputy heads of the independent units of the central office, heads of units of boards and territorial offices as well as deputies thereof, heads of the boards of special mission offices and deputies thereof who have served as 2nd rank security advisers for at least 4 years; 3) the official rank of 2nd rank security adviser – to heads of subdivisions and deputies thereof, heads of the units of special mission offices and deputies thereof, heads of subdivisions and chief specialists who have served as 3rd rank security advisers for at least 3 years; 4) the official rank of 3rd rank security adviser – to senior inspectors, inspectors, senior specialists and specialists (with the exception of those performing the functions of physical security) who have served as senior security consultants for at least 3 years; 5) the official rank of a senior security consultant – to junior inspectors as the inspectors performing the functions of physical security who have served as security consultants for at least 2 years; 6) the official rank of a security consultant – to junior security consultants who have served for at least 2 years; 7) the official rank of a junior security consultant – to security instructors who have served for at least 2 years;
  109. The grades of security officers valid prior to the entry into force of this Statute shall be equal to the following official ranks: 1) the grade of master sergeant and lower grades – to the official rank of a security instructor; 2) the grade of junior lieutenant – to the official rank of a junior security consultant; 3) the grade of lieutenant – to the official rank of a security consultant; 4) the grade of first lieutenant – to the official rank of a senior security consultant; 5) the grade of captain – to the official rank of 3rd rank security adviser; 6) the grade of major – to the official rank of 2nd rank security adviser; 7) the grade of colonel lieutenant – to the official rank of 1st rank security adviser; 8) the grade of colonel – to the official rank of a senior state security adviser. Article
  110. Lowering and Divesting of an Official Rank
  111. For disciplinary misconduct, a security officer may, in accordance with the procedure laid down by this Statute, be conferred an official rank which is lower by one level. A higher official rank may be returned to the officer not earlier than after the lapse of one year. The period of the officer’s absence from service because of leave, studies or sickness shall not be included in this period. A security officer’s official rank may not be lowered again until a higher official rank is returned to him,
  112. A security officer may be divested of an official rank only upon the entry into force of a court judgement of conviction or after the officer loses the citizenship of the Republic of Lithuania. A security officer shall be divested of his official rank by an officer who has conferred the rank. Article
  113. Qualification Categories and the Procedure for Conferring Them
  114. Qualification categories shall be conferred to security officers by the Director General of the Security Department.
  115. The requirements set to qualification categories as well as the procedure for conferring these categories shall be regulated by the Regulations for the Conferment of Qualification Categories.
  116. The following qualification categories may be conferred to security officers: fifth (V), fourth (IV), third (III), second (II) and first (I). The first qualification category shall be the highest, and the fifth qualification category shall be the lowest category.
  117. The Director General of the Security Department shall be, according to the post occupied by him, conferred the first qualification category. CHAPTER VI INCENTIVES FOR SECURITY OFFICERS AND THEIR RESPONSIBILITY Article
  118. Incentives, Awards and Conferment Thereof
  119. Security officers may be provided with the following incentives for exemplary service: 1) note of acknowledgement; 2) payment of a lump sum in the amount of the average monthly salary of a security officer; 3) personal gift; 4) conferment of a departmental badge of distinction; 5) (repealed on 29 October 2003); 6) conferment a higher official rank without having served for a period provided for in paragraph 6 of Article 29 of this Statute and necessary for the conferment of the higher official rank.
  120. Security officers may be may be recommended for state awards for their outstanding service.
  121. The procedure for providing security officers with incentives shall be laid down by an order of the Director General of the Security Department.
  122. The regulations of a departmental badge of distinction of the Security Department shall be approved by the Director General of the Security Department.
  123. The incentives and state awards given to security officers shall be entered in their personal file.
  124. The security officers with valid disciplinary penalties shall not be provided with incentives. Article
  125. Disciplinary Penalties
  126. Security officers shall be imposed the following disciplinary penalties for breaches of laws and other legal acts and for other disciplinary misconduct: 1) note of warning; 2) reprimand; 3) severe reprimand; 4) lowering of the official rank; 5) demotion; 6) dismissal from service.
  127. Only one disciplinary penalty shall be imposed for one misconduct.
  128. A decision on the imposition of a disciplinary penalty may be appealed against to court within 1 month.
  129. A disciplinary penalty imposed on a security officer shall be entered in his personal file. Article
  130. Investigation of Disciplinary Misconduct and Imposition of Penalties
  131. The procedure for imposing a disciplinary penalty shall be initiated upon the receipt, by the Director General of the Security Department or an officer authorised by him, of information about disciplinary misconduct of a security officer. Investigation of disciplinary misconduct shall be conducted by the officers authorised by the Director General of the Security Department or a commission formed by him.
  132. A disciplinary penalty must be imposed not later than within 1 month of the day of transpiration of misconduct, excluding the period of absence of a security officer from service because of sickness or leave. A disciplinary penalty may not be imposed if a period of one year has expired from the day of misconduct.
  133. Prior to imposing a disciplinary penalty, a security officer shall be requested to present a written clarification. Where an officer refuses to present the written clarification, a disciplinary penalty may be imposed without a clarification.
  134. A disciplinary penalty shall be imposed by an order of the Director General of the Security Department.
  135. The procedure for investigating disciplinary misconduct shall be laid down by an order of the Director General of the Security Department. Article
  136. Expiry of a Disciplinary Penalty
  137. A security officer shall be deemed not to have incurred a disciplinary penalty after the expiry of a one-year period from the date of the imposition of a penalty for disciplinary misconduct (with the exception of dismissal from service).
  138. A disciplinary penalty may be cancelled by an order of the Director General of the Security Department for good service. Article
  139. Material Liability
  140. A security officer must compensate for direct damage caused by his unlawful actions or decisions, failure to perform duties or serious negligence when performing the duties, where the Security Department had to, by its own or a court’s decision, compensate for the damage or where the damage has been caused to the Security Department, but not exceeding the amount of the average monthly salary for the past 6 months.
  141. A security officer may voluntarily compensate for the damage caused to the Security Department.
  142. Where a security officer has not compensated for damage, in good faith and by mutual agreement, the Director General of the Security Department shall take a decision on compensation for damage by deducting from the security officer’s remuneration the amount of damage, but not in excess of his average salary. The decision shall be taken within 1 months of the transpiration of damage or receipt of a court decision. The portion of damage which has not been compensated shall be recovered by bringing legal action to court.
  143. Upon the taking of a decision on compensation for damage, the amount to be recovered from a security officer’s salary shall not exceed 20 percent of the salary to be paid to the security officer per month. CHAPTER VII REMOVAL FROM OFFICE OF A SECURITY OFFICER Article
  144. Basis for and Time Limits of Removal from Office
  145. A security officer shall be removed from office: 1) where he is intoxicated with alcohol or drugs, toxic or psychotropic substances when on duty – for that day; 2) where criminal liability is incurred in his respect – for the entire period of investigation and hearing of the criminal case.
  146. A security officer may be removed from office where he is suspected of disciplinary misconduct – until official investigation is carried out and a decision is taken on the imposition of a disciplinary penalty or the continuation of service, however, for a period not exceeding 3 months. The period of the officer’s sickness or leave shall not be included in this period. Article
  147. Procedure for Removing from Office and Requirements Set for an Officer Removed from Office
  148. A security officer shall be removed from office by an order of the Director General.
  149. A recommendation on the removal from office of a security officer shall be submitted to the Director General of the Security Department by the immediate superior of this officer or another authorised security officer.
  150. When removed from office, a security officer must return to his immediate superior or another authorised officer his service weapon, special means, official badge, documents as well as other work equipment which he had at his disposal in the course of performance of official duties.
  151. No salary shall be paid during the period of removal from office. Where a decision is taken that a security officer has not committed any disciplinary misconduct, he shall be reinstated in the post formerly occupied by him and paid his salary for the period when no salary was paid to him due to removal from office. CHAPTER VIII USE OF FIREARMS, PHYSICAL OR OTHER COERCION Article
  152. Types of Coercion and Conditions of Use Thereof
  153. A security officer shall have the right to use coercion where it is necessary to prevent violations of law, detain the persons who have committed the violations or in other cases when safeguarding the interests of the individual, the public and the State. A coercion which may cause a bodily injury or death may be used only to the extent required to perform an official duty and only after all possible means of persuasion or other means have proved to be ineffective. The type of coercion and limits of use thereof shall be selected by an officer taking account of a specific situation, nature of a violation of law as well as individual characteristics of the offender. In using coercion, security officers must attempt to avoid serious consequences.
  154. On the grounds and under the conditions specified in Articles 40 and 41 of this Statute, a security officer may use mental or physical coercion and a firearm.
  155. Mental coercion shall be understood in this Statute as a warning of the intention to immediately use physical coercion or a firearm. Demonstration of a firearm as well as warning shots shall be equal to mental coercion, however, such means of mental coercion may be used only under the conditions listed in paragraph 2 of Article 41 of this Statute.
  156. Physical coercion shall be understood in this Statute as: 1) the use of any type of physical force as well as methods of combat wrestling; 2) use of special means – sticks, handcuffs as well as restraining devices as are in the inventory of the Security Department, gas (intended for defence and designed for a special purpose), military working dogs, stopping of vehicles by force as well as other means of active and passive defence as permitted by law and approved by an order of the Director General of the Security Department.
  157. Where a security officer does not carry special means or a firearm with him, he may make use of any additional means necessary to repel an attempt or to neutralise the source of danger.
  158. Prior to using physical coercion or a firearm, a security officer must warn of such an intention, providing a person with an opportunity to comply with lawful requirements, with the exception of the cases when a delay poses a threat to the life or health of the officer or another person or when such a warning is impossible.
  159. The security officers of appropriate divisions must undergo special training and be checked on a periodical basis as to whether they can act in the situations in which a physical coercion or a firearm is used.
  160. No liability shall be incurred in respect of a security officer who has used coercion in compliance with the requirements of this Statute and has inflicted damage on the valuables protected by law.
  161. Where a person has died or his health has been impaired as a result of coercion used by a security officer, the Director General of the Security Department shall notify thereof the Prosecutor General or deputy thereof.
  162. The Director General of the Security Department, deputies thereof, the immediate superior or another officer authorised by the Director General may take a firearm and special means from a security officer without specifying the reasons therefor. Where the firearm and special means have been taken by a person other than the Director General of the Security Department, he shall be immediately notified thereof in writing. Article
  163. Use of Physical Coercion
  164. A security officer shall have the right to use physical coercion: 1) when defending himself or another person against an attempt initiated or posing a direct threat to life or health as well as when rescuing the persons kidnapped or taken hostage; 2) when persecuting or detaining a person who has committed or is committing a violation of law and who is actively avoiding detention; 3) when an attempt is made against an object, vehicle, firearm, special means of communication, active or passive defence, official documents controlled or protected by the Security Department or other property of the Security Department as well as when it is necessary to recover them; 4) to detain a person driving a vehicle in the event of official necessity; 5) when seeking to detain the arrested (detained) persons attempting to escape or having escaped during a convoy operation.
  165. It shall be prohibited to use the methods of combat wrestling as well as special means against pregnant women as well as against disabled persons or minors, where such individual characteristics are known or visible to an officer, with the exception of the cases when such persons attack or offer armed resistance or resist in another manner which is dangerous to life or health or when a group of such persons attacks and this attack poses a threat to life or health. Article
  166. Use of a Firearm
  167. A security officer shall have the right to use a firearm, where other means of coercion are ineffective.
  168. A security officer shall have the right to use a firearm against a person in the following cases: 1) when defending himself or another person against an attempt initiated or posing a direct threat to life or health as well as when rescuing the persons kidnapped or taken hostage; 2) when persecuting or detaining a person who has committed a crime and is actively avoiding detention, where it is impossible to detain him otherwise, as well as in the cases when a person refuses to comply with a lawful requirement to put down a weapon or another item which could be used to injure a person, where it is impossible to disarm him otherwise; 3) where an attempt is made against a firearm, official documents, official vehicles or other special purpose property of the Security Department or where it is necessary to repel an attack on the objects under the control or protection of the Security Department, where a danger is posed to a person’s life or health; 4) when seeking to detain the arrested (detained) persons attempting to escape or having escaped during a convoy operation.
  169. When performing official duties, a security officer shall have the right to use a firearm against a vehicle in the cases provided for in paragraph 2 of this Article. A security officer shall also have the right to use a firearm against vehicles as well as animals in the cases of immediate necessity and self-defence.
  170. It shall be prohibited to use a firearm in public gathering places, where this may cause injuries in respect of accidental persons, against pregnant women as well as against disabled persons or minors, where such individual characteristics are known or visible to an officer, with the exception of the cases when such persons attack or offer armed resistance, resist in another manner posing a danger to life or health or when a group of such persons attacks and this attack poses a threat to life or health.
  171. A security officer shall have the right to take out a firearm from the holster and to prepare it for use, where he believes that he may be forced to use it in a specific situation.
  172. A security officer shall have the right to fire from a firearm not posing a threat to the valuables protected by law, where it is necessary to give an alarm signal or to call for help.
  173. The Director General of the Security Department as well as the Prosecutor General or deputy thereof shall be immediately notified of the use of a firearm against persons. A detailed official statement shall be presented not later than within 24 hours following the incident. CHAPTER IX SOCIAL AND OTHER GUARANTEES FOR SECURITY OFFICERS Article
  174. Leave of Security Officers
  175. The duration of the annual leave of security officers as provided for in Article 30 of the Law on the State Security Department shall be determined taking into account the length of service. The length of service of a security officer shall include: 1) the period of service as specified in Article 28 of the Law on the State Security Department; 2) the period of service specified in the Law on State Pensions of Officers and Servicemen.
  176. Annual leave may be granted to security officers in whole or in parts, however, one uninterrupted part of the leave may not be less than 14 calendar days.
  177. Security officers may be granted the following types of special leave: 1) maternity leave; 2) parental leave; 3) educational leave; 4) leave a change of residence.
  178. The duration of and the procedure for granting maternity leave, parental leave and educational leave shall be regulated by this Law and other laws.
  179. Educational leave shall be granted upon a request of a security officer subject to the submission of an appropriate document from an educational establishment.
  180. A security officer who is changing his place of residence due to a transfer to another post or a temporary assignment to perform other duties in a new place of residence shall be granted up to 5 working days for resettlement. For this period, a security officer shall be paid his average salary, and resettlement expenses shall also be reimbursed in accordance with the procedure laid down by the Director General of the Security Department.
  181. At a security officer’s request, unpaid leave for a period not exceeding 30 calendar days may be granted once per calendar year, for family reasons or other important circumstances. A security officer who has been granted unpaid leave shall not be divested of the right to annual or special leave. Article
  182. Remuneration
  183. The remuneration of security officers shall consist of the basic salary, bonuses for an official rank, length of service and qualification category and additional pays.
  184. Bonuses of security officers for an official rank shall be as follows: 1) to a security inspector – 15 per cent of the base amount of the basic salary; 2) to a junior security consultant – 20 per cent of the base amount of the basic salary; 3) to a security consultant – 30 per cent of the base amount of the basic salary; 4) to a senior security consultant – 40 per cent of the base amount of the basic salary; 5) to a 3rd rank security adviser – 50 per cent of the base amount of the basic salary; 6) to a 2nd rank security adviser – 60 per cent of the base amount of the basic salary; 7) to a 1st rank security adviser – 70 per cent of the base amount of the basic salary; 8) to a senior state security adviser – 80 per cent of the base amount of the basic salary; 9) to a chief state security adviser – 90 per cent of the base amount of the basic salary.
  185. Bonuses of security officers for a qualification category shall be as follows: 1) for the fifth qualification category – 10 per cent of the basic salary; 2) for the fourth qualification category – 20 per cent of the basic salary; 3) for the third qualification category – 30 per cent of the basic salary; 4) for the second qualification category – 40 per cent of the basic salary; 5) for the first qualification category – 50 per cent of the basic salary.
  186. The basic salary of a security officer, bonus for the length of service as well as additional pays shall be paid in the accordance with the procedure laid down by the Law on Civil Service.
  187. Where a security officer receiving a benefit during the period of the parental leave is granted maternity leave and she becomes entitled to receive a benefit during the period of the maternity leave, she shall be paid both these benefits. During a temporary incapacity or maternity leave, security officers shall be paid their average salary as calculated in accordance with the procedure laid down by the Government, whereas during parental leave from the end of the maternity leave, until a child reaches one year of age – 100 per cent, and until the child reaches two years of age – 85 per cent of their average salary calculated in accordance with the procedure laid down by the Government. Benefits shall be paid during the parental leave irrespective of a child for the purpose of whose attendance the parental leave has been granted. Where two or more children are born to a security officer, and he is on a leave to attend for these children, the average salary calculated for him shall be increased taking account of the number of the children born at the same time (in the event of birth of twins – twofold, in the event of birth of triplets – threefold, etc.). A benefit for the maternity period shall be increased in accordance with the same procedure.
  188. Where a security officer who was or is on parental leave until a child reaches two years of age receives a salary which is lower than the average salary (the aggregate amount of average salaries) as indicated in paragraph 5 of this Article, he shall be paid a difference between this average salary (aggregate amount thereof) and his respective salary during a period until the child reaches two years of age. Article
  189. Compensations
  190. In the event of a security officer’s death in relation to service at the Security Department, a lump-sum compensation equal to the amount of the salary for 120 months shall be paid in equal portions, within 1 year of the death of the officer, to his family – minor children (adopted children), until they reach 16 years of age, as well as the children (adopted children) studying in accordance with the established procedure at full-time divisions of registered educational establishments, until they reach 24 years of age, the spouse, the children of the deceased who were born after his death, farther or mother – as well as the persons incapable of working who were maintained by the deceased or had, at the time of his death, the right to be maintained by him.
  191. Where a security officer is declared missing or dead, it shall be considered that he is declared missing or dead in relation to service, unless proved otherwise, and a compensation equal to the amount of his average salary shall be paid on a monthly basis in equal portions to his family and the persons incapable of working maintained by him or having the right, on the specified day, to be maintained by him without exceeding the amount of the salary for 120 months as of the declaration of the officer missing or dead.
  192. When a security officer who has been injured when performing his official duties or in relation to service at the Security Department presents a medical commission’s conclusion, he shall be paid a compensation equal to the amount of the salary for 1 to 5 years (from 12 to 60 months) in accordance with the procedure laid down by the Government.
  193. The following compensations shall be paid: 1) to the disabled in group I due to an injury – in the amount of the salary for 60 months; 2) to the disabled in group II due to an injury – in the amount of the salary for 48 months; 3) to the disabled in group III due to an injury – in the amount of the salary for 36 months; 4) in the event of a serious injury (mutilation) – in the amount of the salary for 24 months; 5) in the event of a less serious injury (mutilation) – in the amount of the salary for 18 months; 6) in the event of a minor injury (mutilation) – in the amount of the salary for 12 months.
  194. The degree of the injury (mutilation) of a security officer, also where the injury resulted in health impairment or reduction of his suitability for service, shall be determined by an authorised medical commission of a personal healthcare institution of the Lithuanian national health system in accordance with the procedure laid down by legal acts. Article
  195. Health Insurance Security officers shall be covered by compulsory health insurance from state funds. Article
  196. Payments to Dismissed Security Officers
  197. A security officer dismissed from service for the reasons specified in subparagraphs 6, 13, 14, 15 and 18 of paragraph 1 of Article 22 of this Statute shall be paid a severance pay equal to twice the amount of his monthly average salary.
  198. A severance pay provided for in paragraph 1 of this Article in respect of the security officers dismissed for the reasons specified in subparagraphs 6, 13, 14 and 18 of paragraph 1 of Article 22 of this Statute shall be increased in accordance with the following procedure: in respect of the officers who have served at the Security Department for more than 5 years – by half the amount, in respect of those who have served for more than 10 years – twofold, and for more than 20 years – threefold.
  199. The payment of the severance pay as specified in paragraphs 1 and 2 of this Article to the security officers dismissed for the reason specified in subparagraph 14 of paragraph 1 of Article 22 of this Statute shall begin after one month from the day of dismissal of the officer and shall be paid every month in equal portions. Its payment shall be terminated where a person takes up a new employment. In other cases, a severance pay shall be paid on the day of dismissal from office. Article
  200. Period of Service
  201. Security officers shall serve at the Department until they reach 62 years and 6 months of age.
  202. Security officers, with the exception of the Director General and deputies thereof, shall serve at the Security Department: 1) up to a 1st rank security adviser inclusive – until they reach 50 years of age; 2) senior state security advisers – until they reach 55 years of age.
  203. The Director General of the Security Department and deputies thereof shall serve at the Security Department until the entry into force of a decree issued by the President of the Republic on their dismissal from office, but not longer than until they reach the age specified in paragraph 1 of this Article.
  204. At the request of a security officer, his period of service may be extended by an order of the Director General of the Security Department specifying the term of extension of service, but not longer than until he reaches 62 years and 6 months of age. Article
  205. Provision with Residential Premises
  206. The security officers who do not possess any residential premises at the place of service may be granted official apartments.
  207. The security officers who do not possess by the right of ownership any residential premises at the place of service may be, in accordance with the procedure laid down by the Director General of the Security Department, compensated for the expenses of rental of residential premises (including official residential premises): they shall be paid in the amount of 3 MLSs. Article
  208. Other Guarantees The security officers in a difficult financial position by reason of their sickness, the sickness or death of a family member, natural disaster or loss of property as well as in other extraordinary cases may be granted an allowance in the amount of up to 5 MMS. The allowance shall be paid from the remuneration funds allocated to the Security Department.

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