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LIETUVOS RESPUBLIKOS

LIETUVOS RESPUBLIKOS REPUBLIC OF LITHUANIA LAW ON THE STATE SECURITY DEPARTMENT 20 January 1994 No I-380 (As last amended on 6 October 2008 – No X-1741) Vilnius I. GENERAL PROVISIONS This law shall re

paragraph 2 before 1 January 2009: The system of the Security Department shall be consist of the central office of the Security Department, territorial offices and special mission offices under the Security Department. The structure of the Security Department shall consist of the central office (with structural divisions) as well as territorial offices.

paragraph 2 after 1 January 2009: The system of the Security Department shall be consist of the central office of the Security Department, territorial offices and special mission offices under the Security Department. The structure of the Security Department shall consist of the central office (with structural divisions) and territorial offices. The structural divisions of the Security Department shall be as follows: directorates, boards, units, subunits, and groups. The number of positions in structural divisions shall be established by the Director General of the Security Department. Divisions of the Security Department, with the exception of special mission offices, shall be established and wound-up as well as the internal structure thereof shall be determined by Director General of the Security Department. Article

  1. Heads of the Security Department The head of the Security Department shall be Director General, who shall be appointed for a term of five years and dismissed by the President of the Republic subject to the approval of the Seimas. Prior to the expiry of his term of office, the Director General of the Security Department may be dismissed on the general grounds for dismissing security officers from service as provided for by the Statute of the State Security Department. Deputies of the Director General shall be appointed and dismissed by the President of the Republic on the recommendation of the Director General. A collegium shall be formed at the Security Department. The collegium of the Security Department shall be an advisory institution to the Director General. Its activities shall be regulated by regulations of the collegium of the Security Department, which shall be approved by the Director General of the Security Department, and the main principles of activities shall be specified by the Statute of the Security Department. Article
  2. Territorial Offices of the Security Department In order to perform the functions of the Security Department, territorial offices of the Security Department shall be established in compliance with the administrative-territorial organisation of the Republic of Lithuania. Article
  3. Special Mission Office under the Security Department In order to perform specific functions of the Security Department (protection of government communications, protection of special information and others), special mission offices may be established under the Security Department. The Government of the Republic of Lithuania shall establish and wind up these offices and approve the regulations of activities thereof. A special mission office under the Security Department shall be a public legal person financed from the State budget. A special mission office shall be the administrator of the appropriations allocated to it. Governmental communications services shall be provided to state and municipal institutions, state establishments and the state enterprises indicated in the Law of the Republic of Lithuania on Enterprises and Facilities of Strategic Importance to National Security and Other Enterprises Important for Ensuring National Security by the special mission office Governmental Communications Centre at the State Security Department. A detailed list of such institutions, establishments, enterprises and the positions whose holders shall be entitled to make use of governmental communications services shall be approved by the Government of the Republic of Lithuania. Article
  4. Status of Employees of the Security Department Employees of the Security Department shall consist of statutory civil servants (security officers), other career civil servants as well as the persons employed under employment contracts.

paragraph 2 before 1 January 20009: The persons who work at the Security Department and have been conferred the official ranks of security officers shall be granted the social guarantees of security officers as provided for by this Law, the Statute of the Security Department and other laws.

paragraph 2 after 1 January 2009: The persons who work at the Security Department and have been conferred the ranks of security officers shall be granted the social guarantees of security officers as provided for by this Law, the Statute of the Security Department and other laws. Article

  1. Repealed on 1 August
  2. Article
  3. Repealed on 1 August
  4. Article
  5. Repealed on 1 August
  6. Article
  7. Oath of an Officer of the Security Department The persons recruited to serve as officers of the Security Department shall take an oath of allegiance to the State of Lithuania. A person taking the oath shall have the right to choose one of the texts of the oath specified in this Article: The following texts of the oath shall be specified: 1) “With you as witness, I, (name and surname): swear to faithfully defend the State of Lithuania and its independence, to observe, in good faith, laws of the Republic of Lithuania and orders of the officers to whom I am subordinate, to conscientiously perform my duties, to serve the people of the Republic of Lithuania and the State; swear to protect all state and official secrets entrusted to me; swear to act in a manner to always and everywhere protect the good repute of an officer of the Security Department. So help me God.”; 2) “With you as witness, I, (name and surname): swear to faithfully defend the State of Lithuania and its independence, to observe, in good faith, laws of the Republic of Lithuania and orders of the officers to whom I am subordinate, to conscientiously perform my duties, to serve the people of the Republic of Lithuania and the State; swear to protect all state and official secrets entrusted to me; swear to act in a manner to always and everywhere protect the good repute of an officer of the Security Department.” Upon taking the oath, a person shall affix his signature to the text of the oath. Article
  8. Legal Position of an Officer of the Security Department The service of officers of the Security Department shall be regulated by the Statute of the Security Department. The life, health, honour and dignity as well as rights of an officer of the Security Department shall be protected by laws of the Republic of Lithuania. No one, with the exception of the institutions and officers directly authorised by law, shall have the right to interfere in his official activities. In performing official duties, officers of the Security Department shall act in compliance with laws and other regulatory enactments. Where an officer of the Security Department is given an order or an instruction which is in contradiction with laws, he must act in compliance with the law and notify heads of the Security Department of the unlawful order or instruction. The execution of an unlawful order shall not release the officer from liability. Every officer of the Security Department shall be personally liable for his actions and consequences thereof. An officer of the Security Department shall be held liable for infringements of laws in accordance with the procedure set forth by laws of the Republic of Lithuania. Lawful requests of officers of the Security Department shall be binding on state, public and private establishments as well as organisations, citizens of the Republic of Lithuania, the aliens as well as stateless persons resident in the Republic of Lithuania. Article
  9. Rights of Officers of the Security Department In order to perform the tasks and functions of the Security Department, officers of the department shall have the right: 1) to carry out the operational investigative activities provided for by the Republic of Lithuania Law on Operational Investigative Activities by exercising the rights granted to entities of operational investigative activities; 2) in conjunction with divisions of the systems of internal affairs and national defence and other authorised state or municipal institutions or agencies, to implement the joint measures ensuring state security; 3) to investigate the crimes and other offences assigned to the competence of the Security Department; 4) to use the detention cells of police commissariats for the detention of the persons suspected of a criminal act assigned to the investigation competence of the Security Department and, where necessary, to guard and convoy them independently or in conjunction with other authorised institutions; 5) to issue official warnings to persons in accordance with the procedure set forth by this Law; 6) upon a written request of the head of the board, unit of the central office or territorial office of the Security Department, to gratuitously obtain from state and municipal institutions, all types of undertakings, establishments and organisations the information recorded by any means and required for investigation. The right to obtain the information comprising state, official, commercial or bank secrets shall be vested only in the officers authorised by Director General of the Security Department upon their written request. Liability for the confidentiality of the information obtained in the said manner shall be assumed by appropriate officers of the Security Department in accordance with the procedure set forth by the law. The damage caused by a compromise of the information comprising a commercial or a bank secret shall be compensated at the expense of the Security Department; 7) to request to appear and/or to interrogate persons as well as to obtain their oral, written clarifications on the issues under investigation by the Security Department; 8) to address specialists and experts of the Republic of Lithuania or foreign states on the issues under investigation by the Security Department and to obtain their conclusions; 9) in urgent cases and in accordance with the procedure set forth by the law, to be granted unimpeded access to the territories, premises and vehicles belonging to legal persons, the persons not holding the status of a legal person as well as natural persons as well as to make use of the vehicles or means of communication of these persons. Upon the request of the owner or user of a vehicle or a means of communication, a certificate of the form set by Director General of the Security Department shall be issued to serve as the basis for compensation by the Security Department of the losses or material damage incurred.

Article 20before 1 January 2009: Article 20.

Official Ranks of Officers Officers of the Security Department shall be conferred the following official ranks of security officers: 1) security instructor; 2) junior security consultant; 3) security consultant; 4) senior security consultant; 5) 3rd rank security adviser; 6) 2nd rank security adviser; 7) 1st rank security adviser; 8) senior state security adviser; 9) chief state security adviser. The grounds and procedure for conferring and losing the official ranks of officers of the Security Department shall be set forth by the Statute of the Security Department.

Article 20after 1 January 2009: Article 20.

Ranks of Officers Officers of the Security Department shall be conferred the following ranks of officers (hereinafter referred to as “ranks”): 1) security petty officer; 2) security junior lieutenant; 3) security first lieutenant; 4) security second lieutenant; 5) security captain; 6) security major; 7) security lieutenant colonel; 8) security colonel; 9) security general. Ranks shall be conferred to the officers who fulfil statutory duties in the system of the Security Department, also the officers included in the reserve of officers of the Security Department. The grounds and procedure for conferring and losing the ranks of officers of the Security Department shall be set forth by the Statute of the Security Department. Article

  1. Uniform and Distinctive Insignia of Officers of the Security Department Officers of the Security Department shall wear a uniform with distinctive insignia of the Security Department. Samples of the uniform and distinctive insignia shall be approved by the Government of the Republic of Lithuania. Article
  2. Training of the Personnel of the Security Department The personnel of the Security Department shall be trained at general and special institutions of education and science in Lithuania and in the foreign states with long-standing democratic traditions. Special in-service training courses shall be organised for officers of the Security Department. Article
  3. Qualification Categories and Performance Appraisal of Officers of the Security Department In order to determine the qualification of officers of the Security Department, qualification categories shall be established. In order to evaluate the performance results of officers and to assess their suitability for a position, the officers shall be subject to performance appraisal. The grounds and procedure for conferring qualification categories and for conducting performance appraisal shall be set forth by the Regulations for Conferral of Qualification Categories and the Regulations for Performance Appraisal as approved by Director General of the Security Department. Article
  4. Public Activities of Officers of the Security Department Officers of the Security Department may participate in the activities of public organisations, societies, clubs and other non-political associations. Activities of political parties and political organisations in the Security Department shall be prohibited. Officers of the Security Department may not hold membership in and be sponsors of political parties, political organisations as well as public political movements and may not participate in activities thereof. Officers of the Security Department may not strike or picket. Article
  5. Repealed on 1 August
  6. IV. RIGHT OF OFFICERS OF THE SECURITY DEPARTMENT TO USE A WEAPON AND SPECIAL MEANS Article
  7. Use of Firearms and Special Means Officers of the Security Department shall be granted the right to possess, keep and use authorised firearms as well as special means. The grounds and procedure for using firearms and special means shall be regulated by the Statute of the Security Department. V. REMUNERATION AND SOCIAL GUARANTEES OF OFFICERS OF THE SECURITY DEPARTMENT Article
  8. Remuneration of Officers of the Security Department The remuneration of officers of the Security Department shall be determined and the procedure for paying it shall be set forth by the Statute of the Security Department and the Law on Civil Service.

Article 28before 1 January 2009: Article 28.

Time Served by Officers of the Security Department The time served by an officer of the Security Department, which shall grant the right to receive the pension of an officer of the Security Department pending the entry into force of the Republic of Lithuania Law on State Pensions of Officers and Servicemen, shall include: 1) service in the system of the Security Department from the day of appointment to the position; 2) the period of employment in the system of the Security Department under the Law on the Employment Contract, provided the position was subsequently attributed to the status of an officer; service in the systems of the Ministry of the Interior and the Ministry of National Defence of the Republic of Lithuania and the Lithuanian Customs, provided this service was organised on statutory grounds; 4) the period of studies as a full-time student at civil establishments of higher education and as a full-time student at educational establishments of internal affairs, national defence and other educational establishments operating on statutory grounds, provided the persons who had graduated from the said establishments were forthwith appointed to and held the position referred to in this Article; 5) the period of employment in the position of judges, prosecutors, deputies thereof and interrogators; 6) service in the position of officers of security units in the Republic of Lithuania Supreme Council or the Seimas; 7) the duration of research work at research and educational establishments; 8) service in the armed forces, internal affairs and special services of foreign states in accordance with the procedure set forth by the Government of the Republic of Lithuania.

Article 28after 1 January 2009: Article 28.

Length of Service of Officers of the Security Department The commencement of the length of service of officers of the system of the Security Department shall be the date of recruitment of a security officer to service in the system of the Security Department. The length of service of officers of the system of the Security Department shall include the following periods (including periods until 11 March 1990): 1) the actual duration, from the date of appointment to the position of an officer or acquiring of the status of a serviceman, of service in the systems of internal affairs, national defence, the Security Department, prosecutor’s office, in the Special Investigation Service, the Prisons Department under the Ministry of Justice, agencies and state undertakings subordinate to it, and in the Customs Department; 2) the duration of work in agencies and organisations, if an officer has been assigned to work in them already having been included in the personnel reserve of the Ministry of the Interior, the temporary personnel reserve of professional military service (the personnel reserve of the Ministry of National Defence), the reserve of officers the Special Investigation Service and the reserve of officers of the Security Department; 3) the duration of conviction of a sentenced officer or serviceman, provided that later this person was rehabilitated; 4) the actual duration of service in the armed forces, border guard service, internal affairs and other services of other states in the accordance with the procedure laid down by the Government; 5) the period of employment in the systems of internal affairs, the Security Department, national defence and the prosecutor’s office under the Law on the Employment Contract, provided the position was subsequently attributed to the position of an officer; 6) duration of service or employment in the structural divisions of the Department of National Defence of the Republic of Lithuania from 25 April 1990 until 23 August 1991, in the system of the State Security Department under the Government of the Republic of Lithuania from 26 March 1990 until 23 August 1991 and in the Division of the Protection of the Supreme Council of the Republic of Lithuania from 8 June 1990 until 23 August 1991 – one service or working day shall be included as three days of service; 7) for the officers who commenced service or employment in the national defence system of the Republic of Lithuania as well as for the persons who commenced service or employment in the Division of the Protection of the Supreme Council of the Republic of Lithuania before 31 December 1991, also in the State Security Department under the Government of the Republic of Lithuania from 26 March 1990 until 2 December 1991 and in the National Security Service of the Republic of Lithuania from 2 December 1991 until 31 December 1991 – 80 per cent of the length of service acquired until that time; 8) the duration of studying in establishments of professional training in the field of internal affairs, Republic of Lithuania police (internal affairs) and military schools of higher, special secondary, college education. The duration of studies in the same schools of other states shall be included in the length of service, provided profession qualification has been recognised by a competent authority in accordance with the procedure laid down by legal acts. Half of the time spent studying in other establishments of higher education shall be also included in officers’ length of service, provided the persons who graduated from the said establishments are recruited to service on statutory grounds within three months following graduation extending this time limit by the duration of sickness, maternity, paternity leave, also mandatory military service or participation in military trainings; 9) the duration of officer’s incapacity for work, annual, additional, maternity, paternity, parental, educational and unpaid leave, the duration of forced absence from work due to unlawful dismissal, also the duration of being under the authority of the Personnel Department of the Ministry of the Interior; 10) the duration of service in international missions by assignment of the Government – one day of service shall be included in an officer’s length of service as two days; 11) the periods provided for in Article 42 of the Law on Civil Service; 12) service in the position of officers of security units in the Republic of Lithuania Supreme Council or the Seimas; 13) the duration of research work at research and educational establishments – before 1 January 1995; 14) the period of studies as a full-time student at civil establishments of higher education, provided the persons who had graduated from the said establishments were recruited, until 1 January 1995, to service on statutory grounds within three months following graduation extending this time limit by the duration of sickness, maternity leave, also mandatory military service or participation in military trainings. Note. The periods indicated in Article 28 of the Law on the State Security Department coming prior to the entry into force of this Law No X-1741 and lawfully included in the length of service of officers of the system of the Security Department shall not be considered and adjusted anew. Article

  1. Pensions of Officers of the Security Department The procedure for granting pensions to officers of the Security Department shall be regulated by a separate law on the pensions of officers of appropriate services. Article
  2. Leave of Officers of the Security Department The officers of the Security Department who have served the time referred to in Article 28 of this Law shall be granted annual leave of the following duration: 1) up to 10 years – 30 calendar days; 2) from 10 to 15 years – 35 calendar days; 3) from 15 to 20 years – 40 calendar days; 4) more than 20 years – 45 calendar days. Other types of the leave and duration thereof shall be specified and the procedure for granting it shall be set forth by the Statute of the Security Department. Article
  3. Compensations Payable to Officers of the Security Department The family of an officer of the Security Department who has perished in connection with the service shall be paid a lump-sum compensation equal to the amount of remuneration received over a period of ten years (120 months). Burial expenses shall be covered by the State. An officer of the Security Department who has been injured in connection with the service shall, in accordance with the procedure set forth by the Government, be paid a compensation equal to the amount of remuneration received over a period of one year up to a period of five years (from 12 to 60 months) taking account of the degree to which the officer has been injured. Officers of the Security Department shall be fully compensated for the material damage which they have suffered in connection with the service. Article
  4. Social Insurance of Officers of the Security Department Officers of the Security Department shall be insured by the State from the day of their appointment to an appropriate position until dismissal therefrom. Article
  5. Provision of Officers of the Security Department with Apartments Officers of the Security Department shall be provided with apartments in accordance with the procedure set forth by laws of the Republic of Lithuania. Officers of certain divisions of the Security Department may be granted official apartments in accordance with the procedure set forth by the Government of the Republic of Lithuania. Article
  6. Other Social Guarantees of Officers of the Security Department The length of the working week of officers of the Security Department shall be 40 hours. On the instruction of the heads, employees may work in excess of the specified standard number of working hours per week. They shall be additionally paid therefore. Officers of the Security Department shall be granted the social guarantees provided for under the Law on State Social Insurance; appropriations allocated from the budget to the Security Department shall be used to ensure the guarantees. VI. FINANCING AND MATERIAL AND TECHNICAL SUPPORT OF THE SECURITY DEPARTMENT Article
  7. Financing of and Assistance to the Security Department The Security Department shall be financed from the State budget of the Republic of Lithuania. In order to implement the tasks and functions specified by this Law, the Security Department shall have the right to obtain assistance from institutions and agencies of foreign states as well as from international organisations in accordance with the procedure set forth by the law. Article
  8. Provision of the Security Department with Premises The Security Department shall be granted official premises, which shall be transferred into its balance sheet. The maintenance, heating and lighting of these premises shall be ensured by municipalities at the expense of the Security Department. The Security Department may have an official dwelling. This dwelling shall be acquired in accordance with the procedure set forth by the Government of the Republic of Lithuania. VII. PARLIAMENTARY SCRUTINY OF ACTIVITIES OF THE SECURITY DEPARTMENT Article
  9. Parliamentary Scrutiny of Activities of the Security Department The parliamentary scrutiny of the Security Department shall be carried out by the Seimas of the Republic of Lithuania. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS

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