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LAW ON BAILIFFS

LAW ON BAILIFFS Official translation REPUBLIC OF LITHUANIA LAW ON BAILIFFS 9 May 2002 No IX-876 (revised version of 14 November 2008 No X-1837, acting since 1 April 2009) Vilnius CHAPTER I GENERAL PROVISIONS Article

  1. Purpose of the Law This Law shall regulate the procedure of granting, revocation and termination of powers, professional rights and duties of bailiffs, the system of bailiffs’ self-governance as well as other relations relating to bailiffs’ activities. Article
  2. Bailiff
  3. A bailiff shall be a person authorised by the State, empowered by it to perform the functions of enforcement of writs of execution, to make findings of fact, to serve proceedings and carry out any other functions provided by law. A bailiff may provide the services set forth in this Law unless this interferes with the performance of the bailiff’s functions (hereinafter “his functions”).
  4. Bailiffs shall be appointed and dismissed by the Minister of Justice, according to the procedure specified by this Law.
  5. The Minister of Justice shall determine the number of bailiffs and shall assign to them the territories of their jurisdiction, according to the procedure laid down in this Law. Article
  6. Principles of Bailiffs’ Activities
  7. In carrying out their functions, bailiffs must adhere to the principles of lawfulness, co-operation and democracy of bailiffs’ activities as well as to the principles of civil procedure. A bailiff must carry out his professional duties in good faith, maintain confidentiality in respect of circumstances of a person's private life, protect commercial secrets and any other statutory secrets that come to his knowledge in the course of his duties. In enforcing writs of execution, the bailiff must use all lawful remedies to protect adequately the interests of the plaintiff, without violating the rights and lawful interests of other parties to the enforcement procedure.
  8. In carrying out their functions bailiffs shall be independent and shall be guided in their activities by the Constitution of the Republic of Lithuania, international treaties to which the Republic of Lithuania is a party, this Law, other legal acts, and the Bailiffs' Code of Professional Ethics. CHAPTER II AQUIRING, REVOCATION AND TERMINATION OF BAILIFF’S POWERS Article
  9. Requirements Set for Persons Seeking to Exercise the Bailiff’s Activities
  10. A person may be appointed a bailiff if he is a citizen of the Republic of Lithuania, a person of good repute, holds a university degree in law (single step or bachelor’s degree), has served as an assistant bailiff for at least two years, has won a public tender or has practised law for at least five years after winning a public tender. A person holding a degree of Doctor of Social Sciences (Law) or Habil. Doctor or a person who worked as a bailiff for at least five years if at least three years have passed after his dismissal from the position of bailiff, who has won the public tender may be appointed bailiff without an examination.
  11. Law practice shall be considered as activities specified in the list of legal professions approved by the Government of the Republic of Lithuania. The period of law practice shall be calculated from the moment the person is awarded a university degree in law and starts practising law. Article
  12. Good Repute A person may not be held to be of good repute, if he: 1) has been convicted of a serious or grave crime, irrespective of whether or not the conviction has expired; 2) has been sentenced for a criminal offence, a minor or serious intentional criminal offence or crime of negligence and the conviction has not yet expired; 3) abuses alcohol, psychotropic, narcotic, or other toxic substances or; 4) his conduct or activity is incompatible with the requirements of the Bailiffs' Code of Professional Ethics; 5) he has been dismissed for professional misconduct or misconduct in office from the office of a judge, a prosecutor, an advocate, an advocate’s assistant, a notary, an assessor, a notary's representative, a court bailiff, a bailiff, a bailiff's representative, an assistant bailiff or a civil servant and less than five years have passed since the dismissal. Article
  13. Public Tender for Bailiffs
  14. A public tender shall be held for persons seeking admission to the profession and to perform the duties of .bailiff. The tender shall be announced by the Ministry of Justice.
  15. A public tender for bailiffs shall consist of a bailiff's qualification examination and evaluation of advantages of the applicants. The programme of the bailiff’s qualification examination shall be approved by the Minister of Justice.
  16. A public tender for bailiffs shall be held by the Commission of Public Tender for Bailiffs. The Commission shall be formed, its regulations and the Procedure of the Public Tender for Bailiffs shall be approved by the Minister of Justice. The Commission of Public Tender for Bailiffs shall be provided services and support in its activities by the Ministry of Justice. The Commission of Public Tender for Bailiffs shall be composed of seven members, three of whom, the Chairman included, shall be appointed by the Minister of Justice, three members shall be appointed by the Bailiffs Chamber of Lithuania and one member by the Chairman of the Supreme Court of Lithuania. One of the three Commission members appointed by the Minister of Justice shall be a person having a higher education in economy, one of the three Commission members appointed by the Bailiffs Chamber of Lithuania shall be a person having a higher education in psychology. Five of the seven members of the Commission of Public Tender for Bailiffs
  17. Persons meeting the requirements set out in this Law, after filing the documents specified in the Procedure of Public Tender for Bailiffs with the Ministry of Justice shall be eligible to take part in the tender. Article
  18. Approval of the Results of Public Tender
  19. The Commission of Public Tender for Bailiffs shall submit the tender results for the approval by the Minister of Justice. The results of public tender for bailiffs shall be approved by an order indicating the winner/s.
  20. The Minister of Justice may refuse to approve the results of a public tender for bailiffs, if it is established that the public tender was held in violation of the requirements set out in this Law or the Procedure of Public Tender for Bailiffs.
  21. The order of the Minister of Justice on the approval or refusal to approve the results of the public tender may be appealed against to court in accordance with the procedure set out in the Law on Administrative Proceedings. Article
  22. The Right to Exercise the Bailiff’s Activities
  23. The winners of the public tender shall havethe right to exercise the bailiff’s activities provided they are compulsorily insured by professional liability insurance according to the procedure laid down by this Law, have been appointed bailiffs by the order of the Minister of Justice and have sworn an oath in accordance with the procedure laid down by this Law. The persons who acquired the right to exercise the bailiff’s activities shall declare their and their family members’ assets according to the procedure established by the Law on the Declaration of Assets of the Population of the Republic of Lithuania
  24. Within three months after the results of the public tender for bailiffs have been approved, the winner must establish a bailiff's office that meets all the prescribed requirements or must conclude a partnership agreement to exercise the activities at a bailiffs' office, pay a fixed premium for third party liability insurance to the Lithuanian Chamber of Bailiffs and submit documentary proof thereof to the Ministry of Justice.
  25. The winner of the public tender for bailiffs, meeting the requirements set out in paragraph 2 of this Article, shall be appointed bailiff by order of the Minister of Justice within ten days after submitting the documents evidencing he has met the aforesaid requirements.
  26. After swearing an oath, the person appointed a bailiff shall be included in the List of Bailiffs of Lithuania, issued a certificate confirming his right to exercise the activities of a bailiff, a bailiff's license and a badge.
  27. The Lithuanian List of Bailiffs shall be made and administered by the Ministry of Justice. The Lithuanian List of Bailiffs shall be announced by the Minister of Justice and published in the "Valstybės žinios"(Official gazette).
  28. An order of the Minister of Justice to appoint or to refuse to appoint a person bailiff may be appealed against to court in accordance with the procedure laid down in the Law on Administrative Proceedings.
  29. Personal files of bailiffs shall be kept at the Ministry of Justice. Article
  30. Bailiff's Oath
  31. Before he starts to exercise the activities of the bailiff a person, at least within two months from his appointment as a bailiff, shall swear an oath. The oath shall be sworn to the Minister of Justice.
  32. The text of the oath shall be as follows: "I, bailiff (name), swear my allegiance to the Republic of Lithuania, to act in accordance with the Constitution and laws, to be honest and perform my duties in good faith. So help me God."
  33. The oath may be sworn without the second sentence.
  34. After swearing the oath the bailiff shall sign the text of the oath. The text of the oath shall be kept in his personal file.
  35. A bailiff may not perform the duties of a bailiff without swearing an oath. Article
  36. Constraint on the Bailiff’s Activities When exercising the activities provided by this Law the bailiff may not hold any other paid position at enterprises, institutions and organisations or be engaged in any other work, with the exception of service at the institutions of bailiffs' self-governance, or research, creative work or teaching, also he may be not elected (appointed) director of the enterprise whose activities are related to enforcement of payments, to conserving of assets, valuation of assets, legal advice, allocation of financial intermediation services. Article
  37. Suspension of the Bailiff's Powers
  38. The bailiff's powers may be suspended by order of the Minister of Justice, if: 1) the bailiff is suspected or accused of the commission of intentional criminal offence; 2) following a performance review of the bailiff’s activities, serious violations were detected in managing, protecting and using the provided funds or other material assets entrusted to the bailiff or received when he carried out the functions prescribed by this Law and disciplinary proceedings have been instituted on the grounds thereof: 3) the bailiff defaults on the payment to the Chamber of Bailiffs of a premium of compulsory professional third party liability insurance.
  39. The decision of the Minister of Justice to suspend the bailiff's powers must be justified. The order of the Minister of Justice to suspend the bailiff's powers may be appealed against to court according to the procedure established by the Law on Administrative Procedure.
  40. The bailiff’s powers may be suspended on the ground specified in subparagraph 2 of paragraph 1 of this Article by the order of the Minister of Justice pending the coming into force of the decision of the Bailiffs’ Court of Honour.
  41. The bailiff’s powers shall be immediately updated once the grounds on which they were suspended disappear. The bailiff’s powers shall be updated by the Minister of Justice except in cases when the ground of termination of suspension of powers was specified in the decision on the suspension of the bailiff’s powers.
  42. The bailiff’s powers may also be suspended according to the procedure and on the grounds established by other laws.
  43. The bailiff whose powers have been suspended or the bailiff’s representative may not exercise the bailiff’s activities in the period of suspension of powers. Article
  44. Termination of the Bailiff's Powers
  45. The powers of the bailiff shall expire 1) upon the bailiff’s death; 2) upon the bailiff's dismissal from his position.
  46. A person shall be dismissed from the bailiff’s position in the following cases: 1) upon losing citizenship of the Republic of Lithuania; 2) at his request; 3) if, in the opinion of a medical commission, he cannot work as a bailiff for health reasons 4) when a judgement of conviction against the bailiff for a criminal act becomes effective; 5) after imposing upon him a disciplinary sanctiony - dismissal from the bailiff's position; 6) in the event of unsatisfactory results of performance evaluation; 7) upon reaching the age of 65 and, where his powers have not been extended by the Minister of Justice, having regard to the results of his performance evaluation and health examination. The bailiff's powers may not be extended for a period longer than until he reaches the age of 70; 8) where, upon his appointment a bailiff, he fails to take an oath within two months after his appointment; 9) where, upon his appointment a bailiff, previous facts come to light the disclosure of which at the moment of appointment could have served as a ground for refusal to appoint him a bailiff.
  47. A bailiff shall be dismissed by order of the Minister of Justice. Upon termination of the bailiff's powers, the person shall be cancelled from the List of Bailiffs of Lithuania.
  48. The order of the Minister of Justice to dismiss a person from the bailiff’s position may be appealed against to court under the procedure specified in the Law on Administrative Proceedings.
  49. After expiration of the bailiff's powers, pending cases of execution and other documents, moneys recovered but not paid down or property seized but not transferred to the plaintiff shall be passed to another bailiff/s following the procedure determined by the Minister of Justice, while all the records of the bailiff shall be transferred to the Bailiffs Chamber of Lithuania, following the procedure defined by the Minister of Justice. The Chamber of Bailiffs must ensure that the actions indicated in this Article will be performed and the termination of employment relations of the bailiff's staff under law shall be duly executed. CHAPTER III DISCIPLINARY LIABILITY OF BAILIFFS AND BAILIFF'S ASSISTANTS Article
  50. Procedure of Disciplinary Proceedings against Bailiffs/ Bailiff's Assistants
  51. The bailiff/ bailiff's assistant may incur disciplinary liability provided by this Law for the violations of this Law, instructions on the enforcement of judgements, the Code of Professional Ethics of Bailiffs, other legal acts regulating the non-procedural activities of bailiffs, violations of the execution procedure of expenditure not related to the calculation of the amount of expenditure or if the court decision notes the breaches of imperative procedural law norms.
  52. Disciplinary proceedings against a bailiff may be instituted by the Minister of Justice or the Presidium of the Bailiffs Chamber of Lithuania. Disciplinary proceedings against an assistant bailiff may be instituted by the Minister of Justice or the Presidium of the of Bailiffs Chamber of Lithuania upon its own initiative or on the recommendation of the bailiff with whom the bailiff's assistant has concluded a contract of employment. Disciplinary proceedings against the bailiff/ bailiff's assistant must be instituted within three months from the date of disclosure of the violation. The time during which the bailiff/ bailiff's assistant was ill or on leave shall not be included in that period.
  53. In cases set forth in Article 11, paragraph 1

(2), the hearing of the disciplinary case against the bailiff must not last longer than thirty days from the date of institution of the proceedings.
  1. Disciplinary proceedings against the bailiff/ bailiff's assistant may not be instituted later than one year after the date of the violation.
  2. If it becomes known that the violation may have elements of a criminal act, the case shall be referred for investigation to relevant authorities; this, however, shall not interrupt instituting disciplinary proceedings or hearing of the case.
  3. Disciplinary proceedings against bailiffs/ bailiff's assistants shall be heard by the Bailiffs' Court of Honour. The procedure for instituting and conducting disciplinary proceedings shall be defined by the regulations for instituting and conducting disciplinary proceedings which shall be approved by the Minister of Justice. Article
  4. Procedure for Imposing Disciplinary Sanctions
  5. After hearing of a disciplinary case, the Bailiffs' Court of Honour shall adopt one of the following decisions: 1) to discontinue disciplinary proceedings if the fact of the violation has not been established or if it becomes known that the deadline for instituting proceedings has been missed; 2) to exempt from disciplinary liability for the marginal nature of the committed disciplinary violation; 3) to impose on the bailiff/ bailiff's assistant one of disciplinary sanctions indicated in Article 15 below.
  6. When taking a decision, the nature and circumstances of the violation as well as the existing disciplinary sanctions imposed on the bailiff/ bailiff's assistant shall be taken into account.
  7. A disciplinary sanction shall remain in force for a period of one year from the date of its imposition. The Bailiffs' Court of Honour may lift the disciplinary sanction according to the procedure established in the rules for opening and hearing disciplinary proceedings against the bailiffs/bailiff's assistants prior to the expiration of the term of the sanction but not earlier than after six months rom the imposition of the sanction.
  8. The decisions of the Bailiffs' Court of Honour may be appealed against to the Vilnius County Court within thirty days from the day of serving to the bailiff/assistant bailiff of a copy of the decision... Article
  9. Disciplinary Sanctions
  10. The following disciplinary sanctions may be imposed upon bailiffs: 1) a notice; 2) a reprimand; 3) deprivation of the right to provide services indicated in paragraph 2 of Article 21 for a period of up to six months; 4) deprivation of right to perform the functions indicated in paragraph 1 of Article 21 for a period of up to six months; 5) dismissal.
  11. The following disciplinary sanctions may be imposed on the bailiff's assistant: 1) a notice; 2) a reprimand; 3) deprivation of the right to provide the services of the bailiff's assistant.
  12. The bailiff and bailiff's assistant may be additionally imposed the obligation to apologize to a person according to the procedure established by the Bailiffs’ Court of Honour. CHAPTER IV. OTHER LIABILITY OF BAILIFFS Article
  13. Liability of Bailiffs
  14. The bailiff shall be held liable for damage caused by him or a member of his staff in accordance with the procedure provided by law. Compensation for damage must also be paid by a person whose powers as bailiff have terminated.
  15. A bailiff shall be held liable as a public servant for commission, during the performance of his functions, of violations of laws and other legal acts involving him in criminal or administrative liability. Article
  16. Third Party Liability Insurance of Bailiffs
  17. Professional third party liability of bailiffs for damage caused to natural or legal persons in the performance of the bailiff’s functions in the amount of more than LTL 1,000 shall be covered by compulsory insurance.
  18. Compulsory insurance of a bailiff against professional third party liability shall cover a bailiff’s third party liability for damage caused in the performance of bailiff’s functions by illegal actions of a bailiff, his representative, bailiff's assistant or a member of his staff.
  19. Bailiffs shall be covered by compulsory insurance against professional third party liability by entering into a collective professional third party liability insurance contract of all bailiffs. The Bailiffs Chamber of Lithuania of shall be the policy holder of the compulsory insurance of bailiffs against professional third party liability. Each bailiff must pay a premium to the Lithuanian Bailiffs Chamber of Lithuania. The premium shall not be included in the premium indicated in paragraph 5, Article
  20. The minimum amount of compulsory insurance of a bailiff against professional liability shall be LTL 200, 000 for each insurance event.
  21. Bailiffs may buy a policy of additional compulsory insurance against professional third party liability for damage caused in the performance of bailiff’s functions to natural or legal persons.
  22. The maximum premium for compulsory insurance against professional third party liability for damage caused in the performance of bailiff’s functions to natural or legal persons shall be determined by the Government or an institution authorised by it.
  23. Insurance events shall be unlawful actions (acts or omissions) committed by a bailiff, his representative, bailiff's assistants or any other members of his staff during the insurance period, resulting in damage.
  24. The insurer holding a license issued by the State Insurance Supervisory Authority under the Ministry of Finance of the Republic of Lithuania to engage in compulsory insurance of bailiffs against professional third party liability must enter into an insurance contract of compulsory insurance of bailiffs against professional third party liability with the Bailiffs Chamber of Lithuania when the latter submits the application and all other documents required for entering into such a contract. The regulations of the compulsory obligatory professional third party liability insurance of bailiffs shall be defined by the Government or an institution authorised by it.
  25. Damage caused in the performance of a bailiff’s functions shall be indemnified by the insurer in the form of an insurance benefit. If the insurance benefit is not enough to indemnify the damage in full, the difference between the benefit and the actual amount of damage shall be covered by the bailiff who caused damage, with the exception of the case stipulated in Article 35
(6)of this Law. CHAPTER V BAILIFF'S OFFICE Article
  1. Bailiff's Office
  2. One or several bailiffs shall establish a bailiff's office to practice their profession. A bailiff's office shall be his place of business. A bailiff's office shall be established within the territory assigned for a bailiff. If a bailiff's office is to be established jointly by several bailiffs, it must be located within the territory assigned for one of the bailiffs; the territories assigned for other bailiffs must be in the vicinity of the territory where a bailiff's office is to be established..
  3. A bailiff's office shall not be an entity of civil legal relations, including commercial and economic relations.
  4. Requirements for the place of business and office hours of a bailiff or bailiffs shall be approved by the Minister of Justice.
  5. A bailiff's office must have adequate facilities for reception of customers. Article
  6. Branch of Bailiff's Office A branch of a bailiff's office may be established in the territory assigned to the bailiff subject to an authorisation of the Minister of Justice. Article
  7. Address and Sign of Bailiff's Office
  8. Any changes in the address or other details of a bailiff's office must be communicated by the bailiff to the Ministry of Justice or published in a national daily and local newspaper, and to the court in the territory of which the bailiff carries out his functions.
  9. The Minister of Justice shall determine a uniform form of signs for all bailiff's offices. CHAPTER VI BAILIFF’S FUNCTIONS AND OTHER ACTIVITIES Article
  10. Bailiff's Functions and other Activities
  11. A bailiff must enforce the instruments permitting enforcement prescribed by laws, state the factual background, transmit and serve, by court order, documents on natural and legal persons in the Republic of Lithuania and perform any other duty prescribed by law.
  12. Bailiffs may provide, under the procedure established by law, the following services: 1) to keep/administer property during the process of execution; 2) to establish the facts, submit and serve written documents on natural and legal persons in the Republic of Lithuania without court order; 3) to provide legal advice; 4) to sell pledged movable property by auction; 5) to mediate in the performance of property obligations.
  13. Provision of services must not interfere with the carrying out of the statutory functions of bailiffs. When providing services, the bailiff must avoid conflict of interests or other circumstances which might give reason to doubt the objectivity and neutrality of the bailiff in the performance of the statutory functions. In all cases the bailiff must develop a priority of the functions established by law for the purpose of exercising certain statutory functions. The bailiff may not provide paid services in enforcement cases if he must perform the same actions by forced execution measures. When carrying out the functions and providing services the delimitation of carrying out of functions and provision of services must be ensured.
  14. The procedure and amount of remuneration to a bailiff for enforcement of executory documents defined by law, making findings of fact by a court order, service of written proceedings issuing out of court by a court order to natural and legal persons in the Republic of Lithuania shall be determined by the Government of the Republic of Lithuania or an authority authorised by it.
  15. The procedure and amount of remuneration for services specified in paragraph 2 of this Article shall be agreed between the bailiff and the client by entering into a contract, unless otherwise provided by law. Article
  16. Bailiff’s Right to Receive Information
  17. In the performance of the functions specified in Article 21, paragraph 1, a bailiff shall have a right to receive, free of charge, the necessary information from the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania, agencies of the State Social Insurance Fund, cadastres and registers as well as from other natural and legal persons, including banks and other credit and financial institutions, irrespective of the form and method of providing the information, copies of documents, computer data or their copies concerning the property, funds, proceeds, expenditure and activities as well as other information necessary for the performance of the bailiff’s functions.
  18. Bailiffs shall not have a right to request documents indicated in paragraph 1 of this Article, other documents or any other information unless they are related to the performance of the bailiff's functions. Article
  19. Making Findings of Fact
  20. Making findings of fact shall be a detailed statement about the circumstances, items or property and their condition in the record of finding of fact. Making findings of fact may also be recorded by means of other, video or audio, devices. An audio or video recording of findings of fact shall be considered a constituent part of the record of findings of fact.
  21. The bailiff shall make findings of fact in accordance with the principles of fairness, impartiality and accurateness.
  22. The record of findings of fact drawn up by the bailiff, following the procedure prescribed by law, shall be considered an official documentary evidence.
  23. When making findings of fact at the request of natural or legal persons, the record of findings of fact shall be made in two copies. One copy shall be issued to a person at whose request the findings of facts have been made, while the second copy shall be kept in the bailiff’s office. An electronic version of the record of finding of facts, with the exception of video and audio records, shall be forwarded, not later than on the next day following the date of drawing up of the record, to the data base of the Bailiffs' Information System under the procedure defined by regulations of the Bailiffs' Information System.
  24. Findings of facts by a court order shall be made following the procedure prescribed by the Code of Civil Procedure. Article
  25. Service of Written Proceedings
  26. Written proceedings issuing out of court shall be served following the procedure prescribed by the Code of Civil Procedure.
  27. At the request of natural and legal persons, a bailiff shall serve written proceedings to other natural or legal persons in the Republic of Lithuania. The procedure of service of written proceedings shall be approved by order of the Minister of Justice.
  28. Written proceedings shall be served in person, by mailing a registered letter or in any other way defined in the Procedure of Service of Written Proceedings , by communicating that the written proceedings are being served by a bailiff. At the request of the issuing person , the bailiff, when serving the written proceedings may, and in cases prescribed by law, must explain to the receiver the legal consequences of service of written proceedings or refusal to accept them. Article
  29. Mediation in the performance of Property Obligations
  30. Mediation in the performance of property obligations shall be aimed at ensuring recovery of debts out of court without recourse to compulsory measures. Mediation in the performance of property obligations shall cover measures aimed at performance of a property obligation by a debtor by good will or satisfying the creditor's claim in any other lawful way.
  31. When providing services of mediation in the performance of property obligations, a bailiff may not resort to measures which violate or restrict a person's rights.
  32. A mediation service may not be provided in the performance of property obligations unless the time period for the fulfilment of the obligation has expired or unless the creditor has supplied to the bailiff documents in proof of the existence of a property obligation to the creditor and its amount.
  33. Where the debtor contests the property obligation or its amount in court, a service of mediation in the performance of property obligations may not be provided, or must be terminated where it had already started.
  34. A bailiff must immediately inform the person at whose request he is providing a service of mediation in the performance of property obligations if it transpires that, owing to the actions of the debtor or of third parties and the debtor's property situation, the debt may not be recovered out of court without resorting to compulsory measures. Article
  35. Bailiff Territory
  36. The territory assigned to the bailiff shall coincide with the territory of one or several court districts. The territory assigned to the bailiff shall be determined by the Minister of Justice. Several bailiffs may carry out bailiff activities within one territory.
  37. A bailiff may not refuse to accept executory judicial decisions for enforcement or to perform other functions specified in Article 21 of this Law which are to be fulfilled within the territory of his activities, with the exception of cases provided by law. Article
  38. Control and Inspection of the Activities of Bailiff and Bailiff's Assistant
  39. Lawfulness of the proceedings undertaken by a bailiff shall be controlled by court, following the procedure established by law. Article
  40. Control and Inspection of the Activities of Bailiff and Bailiff’s Assistant
  41. The lawfulness of the procedural steps of a bailiff shall be controlled by court in accordance with the procedure set out in the Code of Civil Procedure.
  42. Organisation of a bailiffs work shall be inspected by the Ministry of Justice and the Bailiffs Chamber of Lithuania following the procedure defined by the Minister of Justice.
  43. Bailiffs activities may also be inspected by other institutions under the procedure prescribed by law.
  44. A bailiff must control the activities of his assistants. CHAPTER VII ASSISTANT BAILIFF Article
  45. Assistant Bailiff
  46. An assistant bailiff must be a person of high moral character, a national of the Republic of Lithuania, the holder of a university degree in law, who has entered into a contract of employment with a bailiff to fill the position of an assistant bailiff and who is eligible to perform the duties of an assistant bailiff.
  47. A person shall be authorised to engage in the activities of an assistant bailiff by entering his name in the list of assistant bailiffs.
  48. The list of assistant bailiffs shall be made and administered by the Ministry of Justice which shall also issue certificates of assistant bailiffs. The procedure of entering a person in the list of assistant bailiffs shall be determined by the Minister of Justice.
  49. Refusal to grant an authorisation to carry out the activities of an assistant bailiff may be appealed against to court under the procedure set out in the Law on Administrative Proceedings. Article
  50. Withdrawal of the Authorisation to Engage in the Activities of Assistant Bailiff
  51. The authorisation to engage in the activities of an assistant bailiff shall be withdrawn by cancelling the assistant bailiff from the list of assistant bailiffs: 1) following imposition of a sanction specified in Article 15
(2); 2) after expiry of the contract of employment as an assistant bailiff. 2. Withdrawal of the authorisation to work as an assistant bailiff in the case specified in Article 15
(2)shall be a ground for terminating with the person a contract of employment as an assistant bailiff. Article
  1. Rights and Duties of Assistant Bailiff An assistant bailiff shall have a right to serve written proceedings on behalf of the bailiff and under his written authorisation, to conduct proceedings other than making findings of facts, instituting or staying execution proceedings, returning of a writ of execution, sale of property, collocation and distribution of pecuniary assets to the plaintiffs, computation of enforcement expenses.
  2. An assistant bailiff must comply with the requirements of work discipline, the Code of Bailiffs’ Professional Ethics, perform the bailiff’s instructions diligently, behave in a manner which would not be derogatory to the reputation of the profession, and report to the bailiff forthwith about fulfilment of an instruction. Article
  3. Liability of Assistant Bailiff
  4. For breaches of work discipline or damage caused, an assistant bailiff shall be responsible to the bailiff with whom he has entered into a contract of employment.
  5. When performing the functions specified in Article 30 of this Law, an assistant bailiff shall be held liable under the procedure set out in Chapter III of this Law. Article
  6. Limitations on the Activities of Assistant Bailiff An assistant bailiff may not have any other paid position at enterprises, offices and organisations or have any other employment other than research, creative work or teaching. Article
  7. Training and In-service Training of Assistant Bailiffs
  8. Training and in-service training of assistant bailiffs shall be organised by the Bailiffs Chamber of Lithuania.
  9. The programme for training and in-service training of bailiff’s assistants shall be approved by the President of the Bailiffs Chamber of Lithuania. CHAPTER VIII BAILIFF’S REPRESENTATIVES AND ACTING BAILIFFS Article
  10. Notice of Non-Performance of Bailiff’s Functions
  11. If a bailiff is not able to perform his functions through a leave, illness or other cause, a bailiff’s representative or an acting bailiff shall be appointed by order of the Minister of Justice.
  12. A bailiff who is not able to perform his functions for more than three days through illness, leave or other cause must give a notice to the Ministry of Justice and the Presidium of the Bailiffs Chamber of Lithuania. If the bailiff knows he will not be able to perform his functions for predictable reasons, he must give a notice in due time to the Ministry of Justice and the Presidium of the Bailiffs Chamber of Lithuania. If the bailiff failed to perform his functions for a period of three days without giving any notice to the Ministry of Justice and the Presidium of the Bailiffs Chamber of Lithuania, the bailiff must communicate to the foregoing institutions at their request the reasons which prevented him from the performance of his functions. Article
  13. Bailiffs’ Representative
  14. A person may be appointed to the position of a bailiff’s representative if he is of high moral character, a national of Lithuania, the holder of a university degree in law (basic cycle, bachelor’s or master’s degree), has passed the bailiffs’ qualification examinations, is an assistant bailiff of at least one year standing, or practising lawyer of at least five years standing. A person having a degree of Doctor in Social Sciences (Law), and Doctor Habil.(Law) may be appointed to the position of the bailiff’s representative without examinations. The bailiff’s representative shall be appointed at the request of the bailiff and the person who agrees to act as the bailiff’s representative. Where the bailiff is incapable of performing the duties of bailiff for reasons other than his own fault and is not able to submit a motivated application for appointment of his representative, the Minister of Justice, having regard to the opinion of the Presidium of the Bailiffs Chamber of Lithuania, shall have a right to appoint the bailiff’s representative on his own initiative.
  15. A person may be appointed a representative of one bailiff only. The bailiff’s representative may be appointed for a specific period of time which may be extended, by specifying the cases when he may act as bailiff. The duties of a bailiff’s representative may be carried out by a person who has been appointed a bailiff’s representative and who has sworn an oath under the procedure defined in Article 9 of this Law. If the person swore the bailiff’s oath before his appointment as the bailiff’s representative, following the procedure defined by this Law, it shall not be necessary to swear a new oath. The bailiff instead of whom his representative has been appointed may not carry out any duties of bailiff or render any other services set forth in the Law during the period of agency.
  16. Before the bailiff’s representative starts his activities, the bailiff shall sign with his representative a written agreement of agency specifying the terms and conditions of agency and remuneration for the activities. Where the bailiff’s representative is appointed on the initiative of the Minister of Justice, an agreement with the bailiff’s representative on the terms and conditions of agency as well as the remuneration for activities of agency shall be concluded by the Presidium of the Bailiffs Chamber of Lithuania.
  17. A bailiff’s representative shall be dismissed by order of the Minister of Justice in the following cases: 1) upon expiry of the time period of agency; 2) at the request of the bailiff or his representative; 3) upon expiry of the bailiff’s powers on the grounds specified in Article 12 of this Law.
  18. A bailiff’s representative shall be held liable under disciplinary procedure as a bailiff. Unless the agreement specifies otherwise, the bailiff’s representative shall have all the rights and duties of the bailiff, including those of the employer. The bailiff’s representative shall be subject to limitations applicable to the bailiff’s activities according to this Law. The bailiff’s representative shall carry out all and every action on behalf of the bailiff he is representing, using the latter’s seal indicating that he is acting in the capacity of the bailiff’s representative.
  19. Damage caused by the bailiff’s representative shall be indemnified out of the insurance benefit under the professional third party liability insurance of bailiffs. The uncovered damage shall be compensated jointly and severally by the bailiff and his representative under the procedure defined by the Civil Code and this Law. Article
  20. Substitution of Bailiff
  21. The Minister of Justice, on the recommendation of the bailiff, may appoint, by his order, the acting bailiff for a period not longer than 14 days. Where there is no recommendation of the bailiff, another bailiff from the same bailiffs’ office, serving as bailiff in the same or a neighbouring territory may be appointed the acting bailiff.
  22. If the powers of the bailiff are suspended or if the bailiff’s representative is not appointed under the procedure set out in Article 35 of this Law, the acting bailiff may be appointed on the initiative of the Minister of Justice. In the case specified in this paragraph, the acting bailiff may be appointed for a period longer than 14 days.
  23. During the period of substitution, the bailiff may not perform any duties of bailiff or render any services specified in this Law.
  24. The acting bailiff and the bailiff shall conclude a written agreement on the terms and conditions of substitution and remuneration for the substitution. Where the acting bailiff and the bailiff fail to agree on the terms and conditions of substitution or where the acting bailiff is appointed on the initiative of the Minster of Justice, the terms and conditions of substitution as well as the remuneration for the acting bailiff shall be fixed under the procedure prescribed by the Minister of Justice.
  25. The acting bailiff shall administer the bailiff’s office and carry out all the functions of the employer and the bailiff in the manner the bailiff would have done. The acting bailiff shall be held liable for damage caused during the period of substitution under the procedure laid down in this Law. CHAPTER IX OTHER PROVISIONS RELATING TO BAILIFF’S FUNCTIONS Article
  26. Recording and Storing of Data and Information Received in the Performance of Bailiff’s Duties
  27. Writs of execution accepted by the bailiff for enforcement shall be entered in the general list of writs of execution. Information about the enforcement of the writs of execution, findings of facts and service of written proceedings shall be kept at the bailiff’s office. The procedure of acceptance and enforcement of the writs execution, making findings of facts, and service of written proceedings as well as the procedure of safe-keeping, recording, using and destroying of the documents shall be approved by the Minister of Justice.
  28. The bailiff must ensure proper use and safe-keeping of information about the enforcement of writs of execution, making of findings of facts and service of written proceedings. Information technologies such as computers, special software, data bases, data transmission networks constituting the Information System of Bailiffs may be employed for gathering, accumulation and transmission of data. The provisions and procedure of disclosure of data shall be defined by the Minister of Justice.
  29. Information about circumstances of private life and professional secrets of an individual or commercial secrets of legal entities which was received or became known during the enforcement of writs of execution, making of findings of facts or service of written proceedings may not be disclosed or made available unless it is provided by law.
  30. Statements about the acts of enforcement, findings of facts, service of written proceedings, documents or their copies made during the process of the said actions may be made available only to the persons involved in the enforcement process, to natural and legal persons at whose request findings of facts were made or documents were served or to their legal representatives, with the exception of cases provided by law.
  31. The procedure of recording and use of documents, data and information, set out in this Law shall also apply to the bailiff’s representative, bailiff’s assistant, other staff members of the bailiff’s office who get knowledge of such data or information during their employment at the bailiff’s office, also to the persons whose services as bailiff, bailiff’s assistant and staff members of the bailiff’s office were terminated. Article
  32. In-service Training
  33. Bailiffs must regularly improve their qualifications. In-service training shall be organised by the Bailiffs Chamber of Lithuania and co-ordinated by the Ministry of Justice.
  34. The regulations of in-service training of bailiffs shall be approved by the Minister of Justice on the recommendation of the Presidium of the Bailiffs Chamber of Lithuania. Article
  35. Performance Evaluation and Health Examination of Bailiffs
  36. Performance evaluation of bailiffs shall be held every three years. Performance evaluation of bailiffs shall be carried out by the Performance Evaluation Commission. The Commission shall be formed, its regulations and the procedure of evaluation shall be approved by the Minister of Justice.
  37. The Performance Evaluation Commission shall be comprised of five members three of whom, the chairman included, shall be appointed by the Minister of Justice and two – by the Presidium of the Bailiffs Chamber of Lithuania.
  38. Every five years bailiffs must have their health examined under the procedure defined by the Minister of Health and the Minister of Justice. Article
  39. Clerical Work
  40. The state language shall be used in all clerical work and procedural actions taken by a bailiff. At the request and the expense of the plaintiff or debtor, documents may be drafted in both the state language and a foreign language of the choice of the plaintiff or the debtor.
  41. The forms of bailiffs’ procedural documents shall be determined by the Minister of Justice. Article
  42. Bailiff’s Deposit Accounts, Seal and Signature
  43. A bailiff shall have a seal with the national emblem and his name. The form of the seal shall be defined by the Minister of Justice.
  44. A bailiff shall have a separate deposit account/s as well as other accounts under the procedure established by law.
  45. Before starting to act as bailiff, a bailiff must provide to the Ministry of Justice and the Bailiffs Chamber of Lithuania a sample of his seal and signature.
  46. Where the seal or signature of a bailiff have been changed, he must provide to the Ministry of Justice and the Bailiffs’ Chamber of Lithuania their samples. Article
  47. Use of National Symbols A bailiff shall use the national emblem of Lithuania on his letterforms, seal and sign. Article
  48. Bailiff’s Records
  49. A bailiff must keep his records in proper order. The model nomenclature of bailiff’s files and the procedure of keeping other documents and records shall be approved by the Minister of Justice subject to approval of the Director of Archives Department of Lithuania under the Government of the Republic of Lithuania.
  50. The Minister of Justice together with the Director of Archives Department of Lithuania under the Government of the Republic of Lithuania shall approve the index of the storage period of a bailiff’s records
  51. A bailiff’s records shall constitute a part of the Fund of the Archives of Lithuania. Article
  52. Prohibition of Advertising
  53. A bailiff shall be prohibited from advertising his activities.
  54. Information about a bailiff, his activities, the bailiff’s office published in information bulletins (telephone directories, company directories, web sites, etc.), on official letterforms, business cards shall not be considered advertising of a bailiff’s activities. CHAPTER X. SELF-GOVERNANCE OF BAILIFFS Article
  55. Bailiffs Chamber of Lithuania
  56. Self-governance of bailiffs shall be implemented by the Bailiffs Chamber of Lithuania.
  57. Bailiffs of the Republic of Lithuania shall unite into the Bailiffs Chamber of Lithuania. Its seat shall be in Vilnius.
  58. Every bailiff shall be a member of the Bailiffs Chamber of Lithuania.
  59. The Bailiffs Chamber of Lithuania shall be a legal entity. The activities of the Bailiffs Chamber of Lithuania shall be regulated by the Law on Associations to the extent this Law does not provide otherwise, and by the statute of the Bailiffs Chamber of Lithuania.
  60. Activities of the Bailiffs Chamber of Lithuania shall be financed from the dues paid by bailiffs. The rate of such dues shall be determined by a bailiffs’ meeting. Article
  61. Functions of the Bailiffs Chamber of Lithuania
  62. The Bailiffs Chamber of Lithuania shall have the following functions: 1) co-ordination of bailiffs’ activity; 2) representation of bailiffs’ interests at state institutions, international and foreign organisations; 3) drafting of legislation on the issues relating to bailiffs’ practice and submission thereof to the Ministry of Justice; 4) monitoring of bailiffs’ practice under the procedure defined by this Law and other legal acts; 5) organisation and implementation of in-service training for bailiffs and assistant bailiffs; 6) administering, under the procedure prescribed by the Minister of Justice, of the records of bailiffs whose powers have expired; 7) other functions defined by this Law.
  63. The Bailiffs Chamber of Lithuania may also perform other functions set forth in the statute of the Bailiffs Chamber of Lithuania. Article
  64. Bailiffs’ Meeting
  65. The bailiffs’ meeting shall be convened by the chairman of the Presidium of the Bailiffs Chamber of Lithuania. The bailiffs' meeting shall be held at least once a year. An extraordinary bailiffs' meeting must be convened when at least one third of all bailiffs request it.
  66. The bailiffs' meeting shall: 1) elect members and chairman of the Presidium of the Bailiffs Chamber of Lithuania; 2) elect two members to the Bailiffs Court of Honour; 3) hear a report of the Presidium of the Bailiffs Chamber of Lithuania; 4) approve the rules of order of the Presidium of the Bailiffs Chamber of Lithuania; 5) adopt regulations of the Bailiffs Chamber of Lithuania and the Code of Professional Ethics of Bailiffs to be published by the Minister of Justice in the "Valstybes Zinios" (Official Gazette); 6) approve on the recommendation of the Presidium of the Bailiffs Chamber of Lithuania the rate of dues payable to the Bailiffs Chamber of Lithuania; 7) decide other issues relating to bailiffs' activities.
  67. More than half of all bailiffs must be present at the bailiff's meeting for it to be valid. The bailiffs' meeting shall be presided over by the Chairman of the Presidium of the Bailiffs Chamber of Lithuania or any other member of the Presidium assigned by the Chairman of the Presidium. Decisions of the bailiffs' meeting shall be adopted by a simple majority of the bailiffs present.. Minutes of the bailiffs' meetings shall be signed by the Chairman and Secretary of the meeting. Article
  68. Presidium of the Bailiffs Chamber of Lithuania
  69. The Presidium of the Bailiffs Chamber of Lithuania shall be the managing body of the Bailiffs Chamber of Lithuania. It shall have five members, the Chairman of the Presidium included, elected by the bailiffs' meeting for a term of four years. A bailiff may be elected a member of the Presidium of the Bailiffs Chamber of Lithuania, the Chairman of the Presidium included, for no more than two terms in succession. The Chairman of the Presidium of the Bailiffs Chamber of Lithuania shall represent the Bailiffs Chamber of Lithuania.
  70. The powers and standing procedure of the Presidium shall be defined by this Law and official rules of procedure of the Presidium of the Bailiffs Chamber of Lithuania.
  71. In performing the functions assigned to the Bailiffs Chamber of Lithuania, the Presidium of the Bailiffs Chamber of Lithuania shall: 1) inspect organisation of bailiffs’ practice; 2) make motions to the bailiffs' meeting on issues relating to bailiff’s practice; 3) insure third party professional liability of bailiffs; 4) organise in-service training courses and workshops for bailiffs; 5) may request that bailiffs provide information necessary for the performance of the functions of the Bailiffs Chamber of Lithuania; 6) carry out other functions established in the regulations of the Bailiffs Chamber of Lithuania and standing rules of the Presidium.
  72. The Presidium of the Bailiffs Chamber of Lithuania shall recommend the Regulations of the Bailiffs Chamber of Lithuania approved by the meeting of bailiffs to be made public by the Minister of Justice. The Minister of Justice may refuse to make publish the Regulations of the Bailiffs Chamber of Lithuania if they contravene this Law or any other legal acts. Refusal of the Minister of Justice to publish the Regulations may be appealed against in court under the procedure defined by the Law on Administrative Proceedings. Article
  73. Bailiffs Court of Honour
  74. The Bailiffs Court of Honour shall be comprised of five members, two of whom shall be elected at the bailiffs' meeting, other two shall be appointed by the Minister of Justice and one member shall be appointed by the Chairman of the Supreme Court of Lithuania.
  75. Members to the Bailiffs Court of Honour shall be appointed from among bailiffs for a term of four years. A person may be elected or appointed a member of the Bailiffs Court of Honour for no more than two terms in succession.
  76. The Bailiffs Court of Honour may function if at least three members have been elected or appointed. Regulations of the Bailiffs Court of Honour shall be approved by the Minister of Justice. CHAPTER XI FINAL PROVISIONS Article
  77. Coming into Force and Implementation of the Law
  78. This Law, except for paragraph 3 of this Article, shall come into force in 1 April
  80. The provisions of Article 1 of this Law shall not ne applied to persons who filed applications to enter them in the list of assisting bailiffs or who became assisting bailiffs before the coming into force of this Law. The provisions of paragraph 2 of Article 2 of this Law shall be applied to persons made redundant after the coming into force of this Law.
  81. The Minister of Justice shall enact the legal acts necessary for the implementation of this Law before its coming into force. I promulgate this Law passed by the Seimas of the Republic of Lithuania PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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