Translation from Lithuanian

Translation from Lithuanian Translation from Lithuanian GOVERNMENT OF THE REPUBLIC OF LITHUANIA R E S O L U T I O N No. 455 On Implementation Program of Legal System Reform Vilnius, 9 June 1994 Government of the Republic of Lithuania r e s o l v e s:

1. To approve the implementation program of the legal system reform (attached).
2. To instruct the Ministry of Justice to organize and to coordinate the implementation program referred to in Article 1 herein and to inform the Government of the Republic of Lithuania on the implementation of the outlined measures not less frequent than every six months.
3. To establish that the funds to finance the program referred to in Article 1 herein are available from the State Budget of Lithuania. Prime Minister Adolfas Ðleþevièius Minister of Justice Jonas Prapiestis APPROVED by Resolution No. 455 of 9 June 1994 of the Government of the Republic of Lithuania Implementation Programme of Legal System Reform Phasing of Legal System Reform
4. Implementation of legal reform is carried out in three stages. With respect to a different degree of reorganization of various law enforcement institutions and a different need for material resources, the reform shall continue for 10 - 15 years. Phasing of the reform is notional as the implementation of the appropriate arrangements, training and retraining of specialists, development of draft legislation and passage thereof, establishment of material assets will be carried on throughout all the phases of implementation process.
5. The initial phase of the legal system reform includes the development of legal basis. This stage shall be carried out within 3 years. Firstly, the Law on Administrative-Territorial Division of the Republic of Lithuania is adopted, serving as the basis for clarification and harmonization of territories on which district and area courts, procurator's offices under these courts, other subdivisions of law enforcement structures function, and the financial and material needs (premises, wages, facilities) of these institutions are ascertained. Legislation regulating the structure and competence of the courts and law enforcement institutions, also amendments and supplements to the procedural legislation are developed and passed. Upon the passage of new legislation, the State Arbitration of the Republic of Lithuania is reorganized into the Commercial Court of the Republic of Lithuania, the bar association and the notary's office are restructured. State Control Department and State Tax Inspectorate are partly reorganized as they assist in carrying out functions outlined in the guidelines of Legal System Reform. Department of Imprisonment Administration under the Ministry of the Interior (hereinafter Department of Imprisonment Administration) is reorganized into the independent institution which from 1995 is expected to be directly financed from the state budget after its relations with the Ministry of Justice and the Ministry of the Interior are defined. Pursuant to the Law on Courts of the Republic of LIthuania, in the initial stage of the reform the Senate is established within the Supreme Court of the Republic of Lithuania which proceed to investigate courts' practice and submit recommendations to the courts on the application of legislation. Besides, Council of Judges is set up which, in cases established by the Constitution, advises President of the Republic of Lithuania on the matters of appointment, transfer or dismissal of judges from the office. Pursuant to the Law on Procurator's Office of the Republic of Lithuania and the Statute of Service in Procurator's Office, the provisions and procedure are coordinated which provide for a transfer of a part of the functions of the Procurator's Office to the Seimas Ombudsmen and Government Commissioners (these institutions are established in the initial phase), as well as to the courts and the state control and other institutions. Within this stage the General Procurator's Office of the Republic of Lithuania is reorganized into the General Procurator's Office under the Supreme Court of the Republic of Lithuania, the regional Procurator's Offices are reorganized into the Procurator's Offices under the District Courts. After introduction of supplements to the Criminal Procedural Code of the Republic of Lithuania, the officials of the State Control Department of the Republic of Lithuania and the State Tax Inspectorate with respect to their competence are granted the powers of interrogators.
6. In the second stage of the legal reform the legal basis is finally established, and the courts and law enforcement institutions are reorganized. Criminal Procedural Code and Civil Procedural Code are adopted and organizational and personnel matters are resolved. After the Criminal Procedural Code and Civil Procedural Code are adopted, the court system, as set up in the Constitution of the Republic of Lithuania, starts to operate, also the Procurator's Office under the Court of Appeal of the Republic of Lithuania and the Procurator's Offices under the area courts as stipulated in the legislation. District courts initiate investigation of complaints that people and organization make against the city (regional) councils and executive institutions that adopt acts or carry out actions infringing the rights of people or organizations. Upon the adoption of the Criminal procedural code of the Republic of Lithuania, the interrogation becomes the most important form of investigation prior to the trial, the interrogation is carried out by the police and other interrogators under prosecutors' guidance. Investigation Department under the Ministry of the Interior and the Preliminary Investigation Divisions within the system of the Interior Affairs and Procurator's Office are liquidated (except for the case defined in the guidelines of the Legal System Reform). Investigators acquire the responsibilities of interrogators or prosecutors, and retain the social guarantees outlined in the guidelines. After the Seimas of the Republic of Lithuania adopts the decision, supervision of punishment infliction (Ministry of Justice) and a part of general competence (Ombudsmen of the Seimas of the Republic of Lithuania, Commissioners of the Government of the Republic of LIthuania) are taken over from the Procurator's Office. After the Code of Punishment Infliction is adopted and a number of the organizational matters resolved, the Department of Imprisonment Administration is incorporated into the structures of the Ministry of Justice upon the decision of the Government of the Republic of Lithuania.
7. The third stage of legal system reform analyses the way the new legal system operates and proceed with further improvement thereof. Legislation and other normative acts requisite for implementation of legal system reform
8. The legal system reform is implemented pursuant to the legislation adopted or in the process of development and other normative acts. ______________________________________________________________________ Title of the law or Responsible Comments other normative act authorities ______________________________________________________________________ Law on Territorial- Administrative Division of the Republic of Lithuania Law on Courts of the Ministry of Justice passed Republic of Lithuania Law on Commercial Court State Arbitration of " of the Republic of the Republic of Lithuania Lithuania Law on Legal Procedure of " Disputes Resolution in Commercial Court of the Republic of Lithuania Law on Procurator's General Procurator's drafted Office of the Republic Office of the of Lithuania Republic of Lithuania Statute of Service in " Procurator's Office Supplements and amendments Ministry of Justice drafted to Law on the Bar Association of the Republic of Lithuania Supplements and amendments " " to Law on Notary's Office of the Republic of Lithuania Supplements and amendments Ministry of the Interior to Law on Police of the Republic of Lithuania Supplements and amendments Ministry of the Interior to Provisional Law on Service in the Interior of the Republic of Lithuania Law on State Control State Control Department of the Republic of Lithuania New Edition of Law on Ministry of Finance State Tax Inspectorate of the Republic of Lithuania Criminal Code of the Republic of Lithuania Criminal Procedural Code " of the Republic of Lithuania Punishment Infliction Code " of the Republic of Lithuania Civil Code of the " Republic of Lithuania Commercial Code of the " Republic of Lithuania Civil Procedural Code of the " Republic of Lithuania Marriage and Family Code " of the Republic of Lithuania Labour Code of the Working group drafted Republic of Lithuania Customs Code of the " Republic of Lithuania Supplements and amendments to " Code of Administrative Law Infringement of the Republic of Lithuania New Edition of Law on Ministry of the Interior, Operational Activities of the State Security Department Republic of Lithuania of the Republic of Lithuania Law on Suppressive Ministry of the Interior, drafted Imprisonment Ministry of Justice Law on Application of Social and Psychological Working group passed Rehabilitation Measures of the Republic of Lithuania Foreign Trade Law Ministry of Economics Supplements and amendments to Bank of Lithuania, Commercial Bank Law of the Ministry of Finance Republic of Lithuania Supplements and amendments to Ministry of Justice Mortgage Law of the Republic of Lithuania Seimas Resolution on " "Ratification of Regulations of International Trade" of the Republic of Lithuania Seimas Resolution on " "Ratification of Geneva and New York Conventions" of the Republic of Lithuania Transport (air, sea, rail) Ministry of Transport, Code Institute of Justice, Working group Normative Act on Performance of Institute of Court Court Examination Examination Material Assets Necessary for Implementation of Legal System Reform
9. New premises: 6.
10. for courts: Court of Appeal of Lithuania (in Vilnius); for 5 area courts (in Vilnius, Kaunas, Klaipëda, Ðiauliai, Panevëþys); district courts (in Akmenë, Ignalina, Joniðkis, Kaiðiadorys, Kretinga, Lazdijai, Marijampolë, Palanga, Radviliðkis, Ðalèininkai, Ðilutë, Tauragë, Trakai); 6.
11. Procurator's offices: for Procurator's office under the Court of Appeal of Lithuania (Vilnius); for 5 Procurator's offices under the area courts (Vilnius, Kaunas, Klaipëda, Ðiauliai, Panevëþys); Procurator's offices under the district courts (Kaunas, Lazdijai, Ðvenèionys, Vilkaviðkis, Zarasai); to procurator's office training centre; 6.
12. Penitential institutions: 12 penitentiaries; 10 houses of detention; premises for all penitential institutions may be selected only after the administrative-territorial division of the Republic of Lithuania is approved; 6.
13. for the Ombudsmen of Seimas of the Republic of Lithuania (in Vilnius); 6.
14. police institutions (in Vilnius, Birþai, Kretinga, Lazdijai, Maþeikiai, Pasvalys, Plungë, Raseiniai, Ðakiai, Ukmergë, Vilkaviðkis, Zarasai, Klaipëda regions); 6.
15. for customs institutions (in Vilnius, Ðalèininkai, Zarasai, Maþeikiai customs, Panevëþys and Utena local customs).
16. Reconstruction of premises: 7.
17. district courts (in Vilnius, Klaipëda, Jonava); 7.
18. General Procurator's Office under the Supreme Court of the Republic of Lithuania, procurator's offices under the district courts (Anykðèiai, Pasvalys); 7.
19. penitentiaries (Kaunas Disciplinary Colony, Vilnius and Pravieniðkiai Colony with a Reinforced Regime, Alytus and Marijampolë Colony with a Strict Regime, Pravieniðkiai Colony with a General Regime and for Medical Treatment, Pravieniðkiai Social and Psychological Rehabilitation institutions); 7.
20. police commissariats (Druskininkai, Joniðkis, Palanga, Ðvenèionys, Tauragë, Utena, Visaginas), the central office of the Ministry of the Interior; 7.
21. Institute of Court Examination.
22. Computers, other hardware for: 8.
23. courts - 200 computers, 100 copying machines, 70 faxes; 8.
24. Commercial Court of the Republic of Lithuania - 5 computers, 2 copying machines, 1 fax; 8.
25. Procurator's office - 400 computers, 10 copying machines, 150 faxes; 8.
26. Ministry of Justice - if needed, according to a separate statement; 8.
27. State Control Department of the Republic of Lithuania - if needed, according to a separate statement; 8.
28. State Tax Inspectorate - 55 computers, 55 copying machines, 55 faxes; 8.
29. Ministry of the Interior - if needed, according to a separate statement; 8.
30. Ombudsmen of the Seimas of the Republic of Lithuania - if needed, according to a separate statement; 8.
31. Customs department under the Ministry of Finance - 200 computers, 45 copying machines, 50 faxes; 8.
32. Institute of Court Examination - 2 computers, 2 copying machines, 10 faxes; 8.
33. Faculty of Law of Vilnius University - 8 computers, 5 copying machines, 1 fax; 8.
34. Institute of Law - 3 computers, 1 copying machine; 8.
35. Lithuanian Police Academy - according to a separate statement.
36. Means of transport: 9.
37. courts - 1 or 2 cars (in total 100 cars); 9.
38. offices of the bailiffs - 1 car for each office (in total 6 cars); 9.
39. Procurator's office - 130 cars (5 load vehicles, 1 bus); 9.
40. Ministry of Justice - if needed, according to a separate statements; 9.
41. Ministry of the Interior - 250 cars; 9.
42. Commercial Court of the Republic of Lithuania - 250 cars; 9.
43. State Control Department of the Republic of Lithuania - according to a separate statement; 9.
44. State Tax Inspectorate - if needed, according to a separate statement; 9.
45. Ombudsmen of the Seimas of the Republic of Lithuania - if needed, according to a separate statement; 9.
46. Customs Department under the Ministry of Finance - 15 cars (1 for each custom); 9.
47. Institute of Court Expertise - 4 cars. Training of Lawyers and other specialists
48. Each of the law enforcement institution concludes the agreement with Vilnius University, Lithuanian Police Academy and other higher institutions on training of specialists. A number of specialists shall be coordinated with higher schools. In this case law enforcement institutions cover tuition fees, whilst specialists commit themselves to work a certain number of time or to repay the tuition fees. According to preliminary data, law enforcement institutions will need the following specialists: ___________________________________________________________________________ Law Enforcement Higher School, Number of specialists Institution Faculty, speciality needed annually ___________________________________________________________________________ Ministry of Justice Law Faculty of 10 Vilnius University, lawyers Department of Lithuanian Police Academy 50 Imprisonment and Law Faculty of Administration Vilnius University, lawyers Faculty of Psychology of 5 Vilnius University, psychologists Medical Faculty of 5 Vilnius University, psychiatrists Vilnius University, 10 social workers Pedagogical Faculty of 20 Vilnius Pedagogical University, teachers Procurator's Office Law Faculty of 150 Vilnius University, procurators State Security Law Faculty of 10 Department of the Vilnius University, Republic of Lithuania lawyers Lithuanian Police 10 Academy, lawyers Ministry of the Lithuanian Police 250 Interior Academy, lawyers State Tax Inspectorate Law Faculty of 56 Vilnius University, lawyers Institute of Court Faculty of Law of 2 Examination Vilnius University, lawyers Faculty of Economy of 2 Vilnius University, economists Kaunas Technical University, 2 car technicians Institute of Law Faculty of Law of 2 Vilnius University Training and Re-training of Lawyers
49. To re-train lawyers and to expand knowledge of officers of law enforcement institutions it is necessary to establish a training centre of Imprisonment Administration Department that would organize 1 - 3 months courses (a number of trainees up to 100 people), a training centre of the Procurator's Office that will organize courses and seminars (a number of trainees up to 40 persons at a time) and to organize Ministry of Justice training courses up to 1 month. These courses could be attended up to 40 persons at a time. The above mentioned centres and courses are financed by the appropriate law enforcement institutions, to this end the number of their staff members should not be large. Up to 1800 officers of the interior system will be trained in the Lithuanian Police Academy. Officials of the State Control Department, State Tax Inspectorate, State Security Department, Police, Customs Departments under the Ministry of Finance may participate in the courses of the training centre of the Procurator's office, and in the re-training courses of the Ministry of Justice and Lithuanian Police Academy. Short seminars, discussions, etc. may be organized to investigate some specific problems of law application. Scientific Methodological Provisions for Implementation of Legal System Reform
50. The Institute of Law, Law Faculty of Vilnius University, Lithuanian Police Academy, Institute of Law Examination, Training Centre of Law Enforcement institutions and that of the Information Analysis as well as working groups undertake scientific research work (the development) in legal system reform and according to the coordinated programmes develop methodological basis (concepts, teaching and methodological aids, comments to the legislation, recommendations, information material, etc.) that are needed to implement that reform. These institutions also participate in developing the legislative basis of the reform. Development programmes of scientific research and normative acts approved according to the established procedure are financed from the state budget of Lithuania according to the individual statements. The statements of law Enforcement institutions shall assign funds to finance scientific research that is requested as well as to finance training of students and retraining of specialists in Vilnius University and the Lithuanian Police Academy. In accordance with the established procedure, Law Faculty of Vilnius University is granted the status of the legal entity, and provisions for the promotion of the material assets for teaching purposes are established. Implementation of the programme
51. Implementation of the program is coordinated with the Government Programme of the Republic of Lithuania, Lithuanian Social Programme, Economic reforms and other purposeful programmes. The Ministry of Justice is instructed to implement, organize, coordinate and control implementation of the programme. Institutions mentioned in the programme and working groups develop and carry out specific implementation measures for programme implementation. To develop and implement these measures, specific working (coordination) plans - programmes are prepared outlining the consecutive arrangement of the measures, timeshare of implementation, financial statements, etc. The Government of the Republic of Lithuania finances implementation of the Programme. Note: Funds for the implementation of the legal system reform within the forthcoming three years are specified in the annexes prepared by the respective institutions.