Translation from Lithuanian Translation from Lithuanian GOVERNMENT OF THE REPUBLIC OF LITHUANIA R E S O L U T I O N No. 1380 On the Approval of Regulations of the Issuance of Licences for Legal Practice Vilnius, 25 October 1995 The Government of the Republic of Lithuania r e s o l v e s:
- To approve the Regulations of the Issuance of Licences for Legal Practice (attached).
- To authorise the Ministry of Justice to issue licences for legal practice.
- To recognise as invalid Resolution No. 476 adopted on 4 April 1995 by the Government of the Republic of Lithuania “On the Approval of Regulations of the Issuance of Licences of Legal Practice” (Records, 1995, No. 31-722) Prime Minister Adolfas Ðleþevièius Minister of Justice Jonas Prapiestis APPROVED by Resolution No. 1380 of 25 October 1995 of the Government of the Republic of Lithuania Regulations of Issuance of Licences for Legal Practice
- The holder of a licence to engage in legal practice (hereinafter referred to as the Licence) has the right to give legal aid to natural and legal persons according to the laws of the Republic of Lithuania.
- The Licence may be issued to persons who have had higher legal education, have been actively engaged in legal work in the last two years and have successfully passed the examination in substantive and procedural law (hereinafter referred to as Examination). .
- An applicant for the Licence shall file with the Ministry of Justice the following documents: 3.
- application to the Minister of Justice for the issuance of the Licence; 3.
- copies of documents proving qualifications of higher education; 3.3 copies of employment record book and social security book.
- The Licence may not be issued to a person: 4.1 who has a conviction record for intentional offence which is still in force and has not been revoked; 4.2 who has been employed as a judge, procurator, notary public, police official or an employee of the security system of the Ministry of Internal Affairs and has been dismissed for breach of professional rules; 4.3 has not passed the Examination.
- Applications for the issuance of the Licence must be considered and the applicant must receive an answer within a month since the application date.
- The examination board shall be formed by the Minister of Justice and shall include judges, barristers and other legal practitioners as well as legal academics. The examination syllabus must be approved by the Minister of Justice. The procedure of the examination and the payment for the examination shall be set forth in the regulations of the examination board approved by the Minister of Justice. The expenses of the Examinations shall be paid by the examinee.
- On the resolution of the College of the Ministry of Justice the Licence may be issued without the Examination: 7.
- to persons who hold the Doctor’s or the Habilitated Doctor’s degree in Jurisprudence or Social Sciences, docents or professors in Jurisprudence; 7.
- judges who have worked in this capacity for no less than 5 last years; 7.
- procurators who have worked in this capacity for no less than 7 last years.
- Applications for the Licence shall be considered, examination board meetings called, issuance of Licences executed by the person appointed by the Minister of Justice. ` Licences of the form established by the Ministry of Justice must be issued within 15 calendar days after the resolution of the examination board or the College of the Ministry of Justice has been taken to issue the licence. If the licence is not issued, the applicant must receive an explanation for the denial within the same time.
- The Licence shall be issued for the unlimited period of time.
- The Licence shall be signed by the Minister of Justice, with the Seal of the Ministry of Justice attached. All the licences issued shall be registered in a register according to the established procedure.
- After the resolution on the issuance of the Licence has been taken, the applicant shall pay a stamp tax of the amount established by the Government of the Republic of Lithuania. The bank receipt of the payment of the stamp tax shall be filed with the employee of the Ministry of Justice responsible for the issuance of licences.
- On the loss of the Licence and the announcement about its invalidation in the press the holder may be issued a duplicate on the basis of the record contained in the register book.
- The licence shall be cancelled when its holder is convicted of an intentional offence. On learning about the conviction of the holder, the Ministry of Justice shall demand the appropriate court to send the sentence to the Ministry of Justice, which will form the basis for the cancellation of the licence. A licence shall be cancelled on the order of the Minister of Justice. Information on the cancellation of a licence shall be supplied to the Ministry of Economics or local authority which has registered the legal firm. On the receipt of the information about the cancellation of his licence, the holder must return it to the Ministry of Justice within 7 days.
- Information about the issuance and cancellations of licences shall be published in the “Valstybës þinios” (Records). ___________________