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Translation from Lithuanian APPROVED by Law No. IX-1409 of the Republic of Lithuania as of 1 April 2003 S T A T U T E OF

Translation from Lithuanian APPROVED by Law No. IX-1409 of the Republic of Lithuania as of 1 April 2003 S T A T U T E OF THE SPECIAL INVESTIGATION SERVICE OF THE REPUBLIC OF LITHUANIA CHAPTER I GENERAL PROVISIONS Article

  1. Purpose of the Statute The Statute of the Special Investigation Service (hereinafter referred to as the Statute) shall lay down key principles of service in the Special Investigation Service, the status of the officers of the Special Investigation Service (hereinafter referred to as the officers of the Service), the procedure of their appointment to and dismissal from the Service, the course of their service, incentive pays, penalties and responsibility, conditions and the procedure of using force, social guarantees and other peculiarities of their status and service. CHAPTER II ORGANISATION OF SERVICE IN THE SPECIAL INVESTIGATION SERVICE Article
  2. Requirements for Persons Appointed to the Special Investigation Service
  3. Citizens of the Republic of Lithuania, not younger than 18 years of age, of irreproachable character, having accomplished mandatory initial military service at the procedure prescribed by the Law on National Conscription or exempt from it at the prescribed procedure, knowing the national language, also qualified for the concrete position according to education, intellect and moral qualities, professional and physical preparation and the state of health, may be appointed officers of the Service.
  4. Only persons of irreproachable character with a higher university or equivalent education and the length of public service not shorter than 5 years may be appointed Director of the Special Investigation Service and Deputy Directors.
  5. Persons with education essential for a position according to the requirements of the Law on Public Service may be appointed officers of the Service. Only persons with a higher university or equivalent education may be appointed heads of subdivisions of the Special Investigation Service, or officers of pre-trial investigation.
  6. The Director of the Special Investigation Service may establish additional requirements (education, professional activities, length-of-service, knowledge of foreign languages) for certain positions.
  7. Persons indicated in Article 9

(3)of the Law on Public Service cannot be appointed officers of the Service.
  1. Persons who have expressed their wish to serve in the Special Investigation Service shall be sent to the medical examining commission. The commission shall present the opinion on the person’s state of health.
  2. Persons who have expressed their wish to serve in the Special Investigation Service as well as their parents, children and a spouse shall be vet according to the records of the state or public institutions and registers of persons. Article
  3. Data About a Person
  4. The Special Investigation Service shall have the right to manage personal data and specific personal data about a person who has applied for a position in the Special Investigation Service and about an officer according to the Law on Legal Protection of Personal Data.
  5. Data about the applicant, as well as data about admission, the oath, appointment, dismissal, removal, incentives, official penalties of the officer, issue of special measures and other, shall be managed in the personal file stored in the Service in compliance with the Personal File Management Rules approved of by the Director of the Special Investigation Service. Article
  6. Appointment of Officers to the Special Investigation Service
  7. The Director of the Special Investigation Service shall appoint officers (with the exception of those appointed by the President of the Republic) to and dismiss from the Special Investigation Service.
  8. Persons shall be appointed officers of the Service selectively. Selection shall be conducted at the procedure established by the order of the Director of the Special Investigation Service with a view to determine whether a person is qualified as the officer of the Service. Article
  9. Oath of the Officer of the Service
  10. A person appointed to the Special Investigation Service shall, prior to starting the performance of the official duties, make the following oath to the Republic of Lithuania: “I, (name, surname), the officer of the Special Investigation Service, swear to serve faithfully to the Republic of Lithuania, observe the Constitution and other legislation, fight against corruption and crime, and safeguard state and official secrets; I promise to be a just and fair officer and duly perform my duties. So help me God.”
  11. The last sentence may be omitted while making the oath.
  12. The oath of the Director of the Special Investigation Service and Deputy Directors shall be accepted by the President of the Republic, the oath of other officers of the Service – by the Director of the Special Investigation Service.
  13. Signed oath documents shall be stored in the personal files of the officers.
  14. A person who has not made an oath shall not be employed as an officer of the Special Investigation Service. Article
  15. Officers of the Service
  16. The officer of the Service shall be a lawful public servant appointed to a certain position in the Special Investigation Service and having within his competence administrative authority upon persons who are not subordinate to him.
  17. The officer of the Service shall be personally responsible for his own actions, decisions and the consequences thereof, as well as for the actions, decisions and the consequences thereof of the officers subordinate to him according to authority and competence.
  18. Legal directives of the officer of the Service shall be obligatory to all persons.
  19. The officer of the Service shall obey orders or directives of the officer of the Service with a higher rank. He shall immediately inform the Director of the Special Investigation Service about a received order or directive that contradicts the law or exceeds official authority of the officer with a higher rank. He shall immediately inform the General Prosecutor or his deputy about a received order or directive of the Director of the Special Investigation Service that obviously contradicts the law. Execution of an order or directive that contradicts the law shall not exempt from responsibility. Article
  20. Probationary Period The probationary period up to 6 months may be established for a person who is appointed to the Special Investigation Service. Holiday and sick leave shall not be included into the probationary period. If during the probationary period a person is not dismissed from office, it shall be considered that his service is assessed positively. The probationary period shall not be established for the officers of the Service who are appointed by the President of the Republic. Article
  21. Transfer to Another Position
  22. Upon the order of the Director of the Special Investigation Service, the officer of the Service may be transferred to a higher, equivalent or lower position of the officer of the Service.
  23. The officer of the Service may be transferred to a higher position in the event of: 1) official necessity – not longer than for 3 months; 2) a very good assessment of the officer of the Service by a certifying commission.
  24. The officer of the Service may be transferred to an equivalent position in the event of: 1) his own request or consent; 2) reduction of positions due to changes in organisation of the Service; 3) official necessity – not longer than for 3 months; 4) state of health preventing from due performance of the official duties.
  25. The officer of the Service may be transferred to a lower position in the event of: 1) his own request or consent; 2) reduction of positions due to changes in organisation of the Service – if there is no possibility for transfer to an equivalent position; 3) state of health preventing from due performance of the official duties – if there is no possibility for transfer to an equivalent position; 4) official necessity – not longer than for 3 months; 5) official penalty – transfer to a lower position.
  26. The order of the Director of the Special Investigation Service concerning transfer of the officer of the Service to a higher, equivalent or lower position shall indicate the grounds for transfer. Article
  27. Provisional Commission to Discharge Other Duties
  28. In the event of official necessity the Director of the Special Investigation Service may issue an order to provisionally commission, without transferring to another position, the officer of the Service without his consent to discharge other duties of a higher, equivalent or lower position of the officer of the Service corresponding to his qualification.
  29. Provisional commission of the officer of the Service stipulated in Paragraph 1 of this Article shall not last more than one year during five years of his service in the Special Investigation Service.
  30. If, at the procedure specified in Paragraph 1 of this Article, the officer of the Service is commissioned to discharge duties of a higher position, he shall be paid wages corresponding to this position. In the event of commission of discharging duties of a lower position he shall be paid wages received before provisional commission.
  31. The officer of the Service may, upon his consent, be commissioned to discharge duties of a temporarily absent officer or perform additional tasks beside his main duties. Upon the commission to discharge such duties or perform such tasks, the officer of the Service shall be paid an allowance established by the Law on Public Service. Article
  32. Assessment of the Officers of the Service
  33. Upon the order of the Director of the Special Investigation Service, a permanent certifying commission shall be formed for the two-year period. It shall consist of the officers of the Service appointed by the Director.
  34. The certifying commission shall assess results of the activities and the qualification of the officers of the Service.
  35. The activities of the officer of the Service during the calendar year shall be assessed by the direct head of the officer of the Service. At the end of each calendar year the direct head of the officer of the Service or a person who has appointed the officer of the Service or his authorized person shall give a very good, good or unsatisfactory assessment of the activities of the officer of the Service. In the event of a very good or unsatisfactory assessment of the activities of the officer of the Service, the officer of the Service shall be assessed by the certifying commission concerning further service.
  36. The certifying commission may give a very good, good or unsatisfactory assessment of the officer of the Service.
  37. The certifying commission shall, after giving a very good assessment of the officer of the Service, suggest the Director of the Special Investigation Service: 1) granting the officer of the Service a higher qualification category; 2) transferring the officer of the Service to a higher position; 3) leaving the same (the highest) qualification category and the additional pay for the qualification category if there is no possibility to offer a higher position in the Special Investigation Service.
  38. The certifying commission shall, after giving an unsatisfactory assessment of the officer of the Service, suggest the Director of the Special Investigation Service: 1) improving qualification of the officer of the Service; 2) granting the officer of the Service a lower qualification category; 3) transferring the officer of the Service to a lower position; 4) dismissing the officer of the Service from office.
  39. The decisions of the Director of the Special Investigation Service that are made in compliance with the proposals of the certifying commission may be appealed against at the procedure prescribed by the Law on the Administrative Proceedings.
  40. The criteria, periodicity and procedure of assessing the officers of the Service, as well as the activities of the certifying commission shall be regulated by the Assessment Regulations of the Officers of the Special Investigation Service approved by the Director of the Special Investigation Service. Article
  41. Dismissal of the Officers of the Service
  42. The officer of the Service shall be dismissed from office in the event of: 1) voluntary resignation; 2) coming into effect of a conviction, whereby the officer is convicted for the committed intentional criminal act or a criminal act against the public service, or he is awarded a punishment due to which he cannot discharge official duties; 3) deprivation of citizenship of the Republic of Lithuania; 4) the decision of a certifying commission whereby he is acknowledged unqualified for the service; 5) breach of oath; 6) ill health attested by an opinion of an appropriate medical examining commission; 7) unsatisfactory assessment of his service during the probationary period; 8) transpiring of the circumstance referred to in Article 15 of the Law on the Special Investigation Service or Article 9
(3)of the Law on Public Service; 9) imposition of an official penalty – dismissal from the Service; 10) reaching the age of 62 years and 6 months; 11) transpiring of the fact that, upon appointment to the Service, data (documents) was concealed or data (documents) inconsistent with reality was presented due to which a person could not be appointed to the Service; 12) refusal to work after changing the conditions of office in the cases provided in Point 1 of Article 8
(2), Point 3 of Article 8
(3), Point 4 of Article 8
(4)and Article 9
(1). 2. The officer of the Service may be dismissed from office in the event of: 1) reaching the age specified in Article 34
(1)of this Statute; 2) accomplishment of the term of office established by laws to be eligible for the state pension for officers and servicemen, where their term of office has not been extended in the prescribed order, or the extended term of office has ended; 3) absence in the Service due to sick leave for more than 120 successive calendar days or for more than 140 calendar days during the last 12 months and if absence is not related to bodily injury, mutilation or any other health problem which occurred while discharging the official duties; 4) reduction of positions due to changes in organisation of the Service; 5) reinstatement by the court decision of the officer who held that post earlier; 6) deprivation of the special rights related to discharging the direct duties at the procedure prescribed by laws. Article
  1. Dismissal of the Officer of the Service on Voluntary Resignation
  2. The officer of the Service shall have the right to resign voluntarily, notifying the Director of the Special Investigation Service in writing not later than before 14 calendar days. Upon the consent of the Director of the Special Investigation Service, service may be terminated 3 calendar days after submission of the request.
  3. If the request for dismissal from office is based on sickness or disablement of the officer of the Service, which prevent him from proper performance of the official duties, it shall be satisfied from the date indicated in the request of the officer of the Service.
  4. The officer of the Service shall have the right to revoke the request not later than within 3 calendar days since its submission date, provided that the decision of the Director of the Special Investigation Service to dismiss on this ground has not been made. Article
  5. Requirements for Dismissal in Other Cases
  6. The officer of the Service cannot be dismissed from office during sick or holiday leave, with the exception of dismissal in accordance with Points 1, 2, 6, 11 of Article 11
(1)and Points 3, 6 of Article 11
(2)of this Statute. In the event that the officer of the Service is dismissed violating this provision, the dismissal day shall be the other service day after termination of the holiday or sick leave.
  1. Dismissal from office shall not be applied to the pregnant officer of the Service or to the officer of the Service during child (children) care leave up to three years, provided that the actions of these officers of the Service constitute no fault (with the exception of cases when the Special Investigation Service or its institution is liquidated).
  2. The officer of the Service may be dismissed from office according to Point 4 of Article 11
(2)of this Statute only after giving him a written notice before 2 months. The pregnant officer of the Service (when the Special Investigation Service or its institution is liquidated), the officer of the Service bringing a child (children) until 14 years of age, as well as the officer of the Service who has not more than 5 years left until he is eligible for a state pension of officers or servicemen shall be given a written notice about the planned dismissal from office before 4 months. In the event that the officer of the Service is dismissed from office prior to the termination of the period of notice, the dismissal date shall be postponed until that date when the period of notice had to terminate. 4. The officer of the Service may be dismissed from office according to Points 4 and 5 of Article 11
(2)only in the event that there is no possibility to transfer him to an equivalent position or, upon the consent of the officer of the Service, to a lower position. Article
  1. Procedure of Dismissal from Office
  2. Officers of the Service shall be dismissed from the Special Investigation Service by the order of the Director of the Special Investigation Service, with the exception of the officers of the Service dismissed by the Decree of the President of the Republic.
  3. The officer of the Service who is being dismissed shall, not later than on the day of dismissal, return the official firearm, special measures, the authority card, the badge, the uniform, the documents and other means of work which he was given in the course of the official duties. Article
  4. Procedure of Appealing Against Dismissal and Grounds for Reinstatement to Office
  5. Disputes arising in connection with the dismissal of the officers of the Service shall be settled at the procedure prescribed by the Law on the Administrative Proceedings.
  6. After the court reinstates the unlawfully dismissed officer of the Service to the previous position, such officer shall be paid his average monthly wages for the whole period of compulsory absenteeism starting from the dismissal date until the date of execution of the judgment.
  7. When the unlawfully dismissed officer of the Service declares that after his reinstatement to the previous position unfavourable work conditions were created for him, the court may, stating the unlawful dismissal, not reinstate the officer of the Service to the position upon his request, but award a compensation of the amount up to six average monthly wages and the average monthly wages for the whole period of compulsory absenteeism starting from the dismissal date until the date of execution of the judgment. In this case the officer of the Service shall be considered having been dismissed from office in accordance with Point 1 of Article 11
(1)of this Statute since the date of execution of the judgment. Article
  1. Reserve of the Officers of the Service
  2. A reserve of the officers of the Service may be formed in the Special Investigation Service. This reserve may include the officers of the Service dismissed from the Special Investigation Service and employed in other institutions related to the tasks of the Special Investigation Service. Persons may be included in the reserve of the officers of the Service for not longer than 4 years during the entire term of office. Period of time spent in the reserve shall be included in the length-of-service only in the event that the officer of the Service is again appointed to the Special Investigation Service and works there for not less than one year.
  3. Persons included in the reserve of the officers of the Service shall not be paid wages and other service related benefits.
  4. The procedure of forming the reserve of the officers of the Service and of its activities shall be established by the Director of the Special Investigation Service. Article
  5. Badge, Authority card and Uniform of the Officers of the Service
  6. Officers of the Service shall possess the authority card, the badge and the uniform with distinguishing marks. Examples of the authority card and the badge shall be approved by the Government.
  7. The uniform of the officers of the Service shall be made in compliance with the design and model approved by the Government. Examples of distinguishing marks shall be approved and the order of arrangement thereof shall be established by the Government.
  8. The uniform shall be given and warn at the procedure approved by the Director of the Special Investigation Service.
  9. Officers of the Service may be paid compensation of 80 per cent of the value of the uniform not more than once per 3 years at the procedure approved by the Director of the Special Investigation Service. Article
  10. Training of the officers of the Service and Improvement of Qualification
  11. Officers of the Service may be trained as well as improve their qualification in Lithuanian and foreign education, training and other institutions.
  12. The social guarantees specified in this Statute shall apply to the officers of the Service during improvement of qualification.
  13. The procedure of improving qualification of the officers of the Service shall be established by the Director of the Special Investigation Service.
  14. The Special Investigation Service may conclude a contract with the officer of the Service on the conditions of payment for his training. The officer of the Service, who has not performed the contract, has not worked the entire period specified in the contract or who has resigned from the public service before expiration of the term of contract or who has been dismissed due to his own fault, shall pay all expenses related to his training to the Special Investigation Service. CHAPTER III RANKS AND QUALIFICATION CATEGORIES OF THE OFFICERS OF THE SERVICE Article
  15. Ranks of the Officers of the Service and the Procedure of Conferring the Ranks
  16. Officers of the Service shall be conferred the following ranks: 1) extraordinary special agent; 2) chief special agent; 3) senior special agent; 4) special agent; 5) special agent advisor; 6) senior agent; 7) agent; 8) under-agent.
  17. The ranks shall be conferred on the officers of the Service at the following procedure: 1) the rank of a senior special agent – for the heads of the departments and the field offices and for the deputies of the head of the department; 2) the rank of a special agent – for the deputies of the heads of the field offices and for the heads of the divisions; 3) the rank of a special agent adviser – for the chief specialists; 4) the rank of a senior agent – for the senior specialists; 5) the rank of an agent – for the specialists; 6) the rank of an under-agent – for the under-specialists.
  18. the structure of the Special Investigation Service and the list of positions shall be approved of by the Director of the Special Investigation Service.
  19. The rank of an extraordinary special agent shall be conferred on the Director of the Special Investigation Service upon his appointment to this position by the President of the Republic.
  20. The rank of a chief special agent shall be conferred on the Deputy Directors of the Special Investigation Service upon their appointment to this position by the President of the Republic of Lithuania.
  21. The ranks specified in the Statute shall be conferred on the officers of the Service (with the exception of those specified in Paragraphs 4 and 5) upon their appointment to the positions by the order of the Director of the Special Investigation Service. Article
  22. Qualification Categories and the Procedure of Conferring Thereof
  23. Having regard to the level of professional preparation, length-of-service and results of the professional activities of the officers of the Service, they shall be conferred the following qualifications by the order of the Director of the Special Investigation Service: 3d, 2nd and 1st. Requirements for these qualification categories and the procedure of conferring thereof shall be established by the Director of the Special Investigation Service.
  24. The 1st qualification category shall be conferred on the Director of the Special Investigation Service upon appointment to the position by the President of the Republic. CHAPTER IV INCENTIVE PAYS, MALFEASANCES, PENALTIES AND RESPONSIBILITY OF THE OFFICERS OF THE SERVICE Article
  25. Incentive Pays and Awards of the Officers of the Service
  26. The Director of the Special Investigation Service may give an incentive to the officers for exemplary service by: 1) giving an official message of thanks; 2) giving a personal gift; 3) giving a medal of honour of the Special Investigation Service.
  27. Officers of the Service may be nominated for the state award for a special merit in the service.
  28. Incentives and awards of the officers of the Service shall be recorded in their personal files.
  29. Regulations of a medal of honour of the Special Investigation Service shall be approved by the Director of the Special Investigation Service.
  30. Officers of the Service who have a valid disciplinary penalty shall not be given an incentive. Article
  31. Official Penalties
  32. The following official penalties shall be imposed on the officers of the Service for malfeasances at the procedure established by this Statute: 1) admonition; 2) reprimand; 3) severe reprimand; 4) transfer to a lower position; 5) dismissal from office.
  33. One malfeasance shall be subject to the application of only one official penalty.
  34. The decision to impose an official penalty may be appealed against at the procedure established by the Law on the Administrative Proceedings.
  35. Data about penalties imposed on the officers of the Service shall be recorded in the personal files. Article
  36. Subjects of Investigation of Malfeasances of the Officers of the Service, the Procedure of Imposing Penalties and Lifting of Penalties
  37. The procedure of imposing official penalties shall be started on the initiative of the Director of the Special Investigation Service, the Deputy Directors, or the direct head of the officer of the Service or upon their receipt of information about a malfeasance of the officer of the Service. Investigation of malfeasances shall be carried out by the Director of the Special Investigation Service or his authorized officers or his formed commission.
  38. An official penalty shall be imposed not later than within one month since the date when a malfeasance transpired, excluding the period when the officer of the Service was absent due to the sick or holiday leave, or he was seconded on a business trip or traineeship abroad. An official penalty shall not be imposed if one year has passed from the date when a malfeasance was committed.
  39. The officer of the Service who is suspected of commission of a malfeasance may submit a written explanation about a malfeasance. In the event that the officer of the Service does not submit a written explanation, a report shall be written. It shall be signed by the officer of the Service who carried out the investigation and two other officers of the Service or members of the investigation commission.
  40. Upon transpiring that a malfeasance possesses signs of a criminal act or violation of administrative law, the procedure of imposing official penalties shall be suspended and the investigation material shall be transferred to the competent authority. If the pre-trial investigation or the proceedings of the case on violation of administrative law are refused or a person is not brought to criminal or administrative responsibility and the proceedings are over, the procedure of imposing an official penalty shall be continued and an official penalty may be imposed not later than within one month since occurrence of these conditions.
  41. An official penalty shall be imposed by the order of the Director of the Special Investigation Service.
  42. The procedure of investigating malfeasances shall be established by the order of the Director of the Special Investigation Service.
  43. The officer of the Service shall be considered not having been penalized, if one year has passed since imposition of a penalty for a malfeasance (with the exception of dismissal from office).
  44. An official penalty may be lifted by the grounded decision of the Director of the Special Investigation Service for good service earlier than due term established in Paragraph 7 of this Article. Article
  45. Removal of the Officer of the Service from Office
  46. The officer of the Service shall be removed from office in the event that: 1) he is drunk or intoxicated by narcotic, toxic or psychotropic substances at work – on that day; 2) he is brought to criminal responsibility – during the entire period of investigation of a criminal case.
  47. The officer of the Service may be removed from office, in the event that he is suspected of commission of a malfeasance – until the investigation is carried out and the decision is made on imposition of an official penalty or on his further service.
  48. During the investigation, the Director of the Special Investigation Service and the Deputy Directors shall have the right to remove the officer of the Service from office. The Director and the Deputy Directors shall be removed from office on the initiative of the President of the Republic or upon the proposal of the commission formed by the Seimas or upon submission of the General Prosecutor.
  49. Wages shall not be paid during removal. In the event that the officer of the Service is acknowledged of not having committed a malfeasance, he shall be reinstated to the previous position and paid wages for the period when it was not paid due to removal from office.
  50. The removed officer of the Service shall, since the moment of removal, return the authority card, the badge, the official firearm, the documents and other measures of work which he possessed in the course of the official duties. Article
  51. Material Responsibility
  52. The officer of the Service shall repair the direct material damage made to the Special Investigation Service by his unlawful criminal act; however, the size of the reparable damage cannot exceed 6 average wages of the officer of the Service, with the exception of cases when material damage occurs due to a criminal act of the officer of the Service.
  53. The officer of the Service may voluntarily repair material damage made to the Special Investigation Service.
  54. In the event that the officer of the Service has not repaired the damage in kind or by cash by goodwill agreement of the parties, the Director of the Special Investigation Service shall make the decision on reparation of damage to deduct from wages of the officer of the Service, not exceeding his average wages. The decision on reparation of damage shall be made not later than within one month since the date of transpiring of damage. The rest part of damage that was not repaired shall be recovered by presenting a claim in court.
  55. After the decision on reparation of damage is made, not more than 20 per cent of monthly wages of the officer of the Service shall be deducted from his wages monthly.
  56. In the event that the officer of the Service does not agree with the decision of the Director of the Special Investigation Service on reparation of damage made to the Special Investigation Service, he shall have the right to turn to court. Turning to court shall suspend recovery of damages. CHAPTER V USE OF FIREARMS, PHYSICAL AND OTHER FORCE Article
  57. Types of Coercion and Conditions of the Use Thereof
  58. The officer of the Service shall have the right to use coercion when it is necessary to prevent violations of law, to apprehend the persons who have committed violations, as well as in other cases when protecting and defending lawful interests of an individual, society or the state. The type of coercion and the limits of the use thereof shall be selected by the officers of the Service, taking into account the concrete situation, nature of the violation of law and individual features of the offender. When using coercion, the officers of the Service must seek to avoid detrimental consequences.
  59. The officer of the Service may, on the grounds and in cases provided for by the law, use mental or physical coercion and a firearm.
  60. For the purpose of this Statute, mental coercion shall mean a warning about an intention to immediately use physical coercion or a firearm. Demonstration of a firearm and warning shots shall be regarded as mental coercion; however, such measures of mental coercion may be used only in the presence of the conditions laid down in Article 28
(2)of this Statute.
  1. For the purpose of this Statute, physical coercion shall mean: 1) use of physical force of any kind as well as methods of combat wrestling; 2) use of special measures, i.e. truncheons, handcuffs and restraining devices, gas, dogs of the Special Investigation Service, as well as methods of stopping transport by force, and other means of active and passive defence permitted by the law and approved by the order of the Director of the Special Investigation Service.
  2. Prior to using physical coercion or a firearm, the officer of the Service must warn the person about such an intention, providing the said person with a possibility to fulfil lawful requirements, with the exception of the cases when delaying poses a threat to life or health of the officer of the Service or another person, or when such warning is impossible.
  3. Officers of the Service must undergo special training and at regularly checked whether they are able to act in the situations related to the use of physical coercion, special measures and a firearm.
  4. The officer of the Service who has used coercion without violating the requirements of this Statute, but who has inflicted damage on the valuables protected by the law, shall not be held responsible.
  5. The Director of the Special Investigation Service or the head of its subdivision shall immediately inform the prosecutor in the event that a person died or was injured due to the use of coercion by an officer of the Service. Article
  6. Use of Physical Coercion
  7. The officer of the Service shall have the right to use physical coercion in the following cases: 1) when defending himself or another person from a started attempt or an attempt posing direct threat to life or health; 2) when apprehending a person suspected of commission of the violation of law who evades arrest by active actions; 3) when an attempt is made to commit an offence against facilities controlled or guarded by the Special Investigation Service, means of transport, a firearm, measures of special communication, active or passive defence or against other property of the Special Investigation Service, or when it is necessary to retrieve them; 4) when mass riot or group actions, whereby the public order is seriously violated, take place; 5) when stopping a means of transport to apprehend a person suspected of commission of a criminal act.
  8. It shall be prohibited to use methods of combat wrestling and special measures against women who are obviously pregnant, as well as against persons when they are visibly disabled, against minors, if the officer of the Service knows their age or if their appearance corresponds to their age, with the exception of cases when they attack or resist in a manner which is dangerous to life or health, or a group of such persons attack and this attack poses a threat to life or health. Article
  9. Use of Firearms
  10. The officer of the Service shall have the right to use a firearm as an extraordinary measure when other coercive measures are ineffective.
  11. The officer of the Service shall have the right to use a firearm against persons in the following cases: 1) when defending himself or another person from a started criminal attempt or a criminal attempt which poses a direct threat to life or health; 2) when apprehending a person suspected of commission of a criminal act and who evades arrest by active actions, if it is impossible to apprehend him in any other way, as well as in cases when the person refuses to fulfil a lawful requirement to put down a weapon or another thing with which it is possible to injure an individual, if it is impossible to disarm him in any other way; 3) when protecting a guarded object from an attempt, if it poses threat to life or health of individuals; 4) when seeking to apprehend detained (arrested) persons who try to escape or who have escaped during convoy.
  12. The officer of the Service shall also have the right to use a firearm against means of transport and animals in cases of immediate necessity, self-defence and (or) when apprehending a person suspected of commission of a criminal act.
  13. It shall be prohibited to use a firearm in places of public gatherings, if it endangers innocent people; against women who are obviously pregnant, as well as against persons who are visibly disabled, against minors, if the officer of the Service knows their age or their appearance corresponds to their age, with the exception of cases when said persons attack or resist in a manner dangerous to life or health.
  14. The officer of the Service shall have the right to take a firearm out of a holster and prepare it for use where he thinks that he might have to use it in a concrete situation.
  15. The officer of the Service shall, without posing a threat to the valuables protected by the law, have the right to fire from a firearm, when it is necessary to give an alarm signal or call for help.
  16. The officer of the Service shall, after using a firearm, immediately inform the Director of the Special Investigation Service and write an explanation. CHAPTER VI SOCIAL GUARANTEES OF THE OFFICERS OF THE SERVICE Article
  17. Holiday Leave of the Officers of the Service
  18. Duration of annual leave of the officers of the Service shall be established having regard to the length-of-service. Duration of annual leave shall be established for the officers of the Service who have served: 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.
  19. The officer of the Service may be granted annual leave in parts. One part of annual leave cannot be shorter than 14 calendar days.
  20. Officers of the Service may be granted the following purposive leave: 1) maternity leave; 2) child care leave; 3) training leave; 4) leave due to residential mobility; 5) unpaid leave.
  21. Length and the procedure of granting maternity, child care, training and unpaid leave shall be regulated by this Statute and other legislation.
  22. Training leave shall be granted upon the request of the officer of the Service, after submission of adequate documents from the training institution.
  23. The officer of the Service, who changes the place of residence due to transfer to another position or provisional commission to discharge other duties in another settlement, shall be given up to 5 working days to move. The officer of the Service shall be paid his average wages for this period, and he shall have the expenses of moving compensated at the procedure established by the Director of the Special Investigation Service.
  24. Upon the request of the officer of the Service due to family circumstances or other important reasons, he shall be granted unpaid leave not longer than 30 calendar days once per calendar year. The officer of the Service, who has been granted unpaid leave, shall not be deprived of the right to annual or other purposive leave. Article
  25. Wages and Other Service Related Allowances of the Officers of the Service
  26. Wages of the officers of the Service shall consist of the basic salary, increments for the length-of-service, the official rank, the qualification category, and additional pays. The basic salary, increments for the length-of-service, the official rank, the qualification category, and additional pays of the officers of the Service shall be paid at the procedure prescribed by the Law on Public Service and this Statute. The procedure of applying social guarantees for the officers of the Service during their holiday or training leave, provisional performance of duties and in other cases shall be established by the Government.
  27. Increment for the official rank for the officers of the Service shall be 10 per cent of the basic salary.
  28. The size of the increment for the length-of-service of the officer of the Service shall be established by the Law on Public Service. Length-of-service of the officers of the Service shall include: 1) periods, provided in Article 42 of the Law on Public Service, in the event that the officer of the Special Investigation Service started working as a lawful public servant after 11 March 1990; 2) term of office provided in Articles 6 and 16 of the Law on the State Pensions of the Officers and Servicemen of the Interior, the Special Investigation Service, State Security, National Defence, Prosecutor’s Office, Prison Department and Subordinate Institutions and Public Enterprises, in the event that the officer of the Special Investigation Service has worked as a lawful public servant in the institutions of the Interior system or the prosecutor’s office before 11 March 1990 and started working as a lawful public servant in statutory public institutions reorganized or newly established after 11 March
  30. Under the Law on Public Service, increment for the 3d qualification category of the officer of the Service shall be 15 per cent of the basic salary, for the 2nd qualification category – 30 per cent of the basic salary, for the 1st qualification category – 45 per cent of the basic salary.
  31. Increments for the activities that are not specified in the description of the position or that exceed the usual workload or for the performance of additional tasks performed while exceeding the established duration of work, as well as for the work at nights, during rest and holiday days, at harmful, very harmful and dangerous working conditions, shall be paid at the procedure prescribed by the Law on Public Service.
  32. During sick or maternity leave, officers of the Service shall be paid the average wages calculated at the procedure prescribed by the Government, and during the child care leave until the child turns one year of age, or the holiday leave – 70 per cent of the average wages calculated at the said procedure. Article
  33. Compensations and Benefits
  34. In the event that the officer of the Service loses life due to his service in the Special Investigation Service, his family – children (adopted children) until 18 years of age, as well as children (adopted children) who are day-time students in education institutions registered at the prescribed procedure until 24 years of age, a spouse, children of the deceased who are born after his death, father or mother – and persons incapable for work who were maintained by the deceased or had the right to receive his maintenance on the day of death, shall be paid a single compensation of the amount of 120 month wages in equal parts within one year after the day of death of the officer. The officer of the Service, who has lost his life due to his service in the Special Investigation Service, shall be buried from the state funds.
  35. In the event that the officer of the Service has been declared missing or dead, he shall be considered declared missing or dead due to service, unless proved otherwise, and his family and the persons incapable for work, who were maintained by the deceased or had the right to receive his maintenance on the day of death, shall be paid benefit of his average wages not exceeding the sum of 120 month wages in equal parts each month since the day when the officer of the Service was declared missing or dead.
  36. In the event that the officer of the Service, whose health was injured in the course of the official duties or due to service in the Special Investigation Service, presents an opinion of a medical commission, he shall be paid compensation of the amount of 1 to 5 year (12 to 60 month) wages at the procedure established by the Government. The following compensations shall be established in the event of: 1) becoming the I group invalid due to health injury – of the amount of 60 month wages; 2) becoming the II group invalid due to health injury – of the amount of 48 month wages; 3) becoming the III group invalid due to health injury – of the amount of 36 month wages; 4) serious health injury – of the amount of 24 month wages; 5) medium health injury – of the amount of 18 month wages; 6) minor health injury – of the amount of 12 month wages.
  37. The level of seriousness of health injury of the officer of the Service, also whether health problems remained or the officer’s suitability for service decreased after the injury shall be established by an authorized medical commission of the personal health care institution of the Lithuanian national health care system at the procedure prescribed by laws.
  38. The officer of the Service who changes the place of residence due to transfer to another position or provisional commission to discharge other duties in another settlement shall be paid a single benefit of the amount of one average monthly wages.
  39. Officers of the Service shall be repaired material damages suffered due to the service at the procedure prescribed by the Government. Article
  40. Allowances of the Officers Dismissed from the Special Investigation Service
  41. Upon dismissal of the officers from the Special Investigation Service on the grounds specified in Point 4 or 7 of Article 12
(1), Article 12
(2)of the Law on the Special Investigation Service, Point 6 of Article 11
(1), Point 4 or 5 of Article 11
(2)of this Statute, he shall be paid a severance pay of the amount of two average monthly wages.
  1. A severance pay established in Paragraph 1 of this Article for the officers of the Service whose length-of-service is more than 5 years shall be increased by one and a half time, more than 10 years – by two times, more than 20 years – by three years. Article
  2. Providing the Officers of the Service with Dwelling
  3. Officers of the Service who do not have a place of residence in the place of their service shall be provided with flats at the procedure prescribed by the Government.
  4. If there is no possibility to provide the officer of the Service with a flat an in the event that, during the recent 5 years, the officer of the Service or his family members do not have and did not have a flat (a house or its part) belonging to them by title in the place of the service, the expenses of the rent of dwelling may be compensated at the procedure established by the Director of the Special Investigation Service: an allowance not exceeding 3 minimum standards of living per month may be paid. Article
  5. Term of Office
  6. Officers of the Service, with the exception of the Director of the Special Investigation Service, shall hold office in the Special Investigation Service in the following procedure: 1) all up to a senior special agent inclusively – until reaching 50 years of age; 2) chief special agents – until reaching 55 years of age.
  7. The Director of the Special Investigation Service shall hold office until coming into effect of the Decree of the President of the Republic on Dismissal of the Director of the Special Investigation Service from Office but not longer than until reaching 62 years and 6 months of age.
  8. Upon the request of the officer of the Service, his term of office may be extended but not longer than until he reaches 62 years and 6 months of age. The term of office shall be extended by a person authorized to appoint an officer to the position and dismiss him from office indicating the term of extension of the service. Article
  9. Other Social Guarantees
  10. Officers of the Service shall work 40 hours per week. Upon commission of the Director of the Special Investigation Service, his Deputy Director or the direct head of the officer, the officers of the Service may work longer hours than the established norm of a working week. They shall be additionally paid for these hours.
  11. The social guarantees established in the Law on State Social Insurance shall be applied to the officers of the Service. Budget assignations allocated to the Special Investigation Service shall be used to implement those guarantees.
  12. The officer of the Service, who has used an official firearm against a person, shall be granted psychological consultation. Upon recommendation of a specialist, the officer shall be sent for medical-psychological rehabilitation.
  13. Officers of the Service, who are in a difficult material situation due to illness, death or illness of a family member, natural disaster, loss of property, also in other special cases, may be granted benefit of the amount up to 5 minimum monthly wages. The benefit shall be paid from the wages funds of the Special Investigation Service.
  14. Officers of the Service shall be insured by a compulsory medical insurance from the state funds. CHAPTER VII FINAL PROVISIONS Article
  15. Provisions of the Probationary Period Ranks of position of the officers of the Special Investigation Service shall be equated to the official ranks provided in Article 19 of this Statute.

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