and the conditions of lawfulness of the use of coercion. Article
and other statutory establishments of the interior are insufficient or inappropriate. Article 7. Rights of Protected Persons A protected person shall have the right to: 1) require that protection be assigned to his family members, the place of residence and/or work; 2) require that his protection, also the protection of his place of residence and/or work be tightened; 3) inviolability of private life. Officers
shall be prohibited from violating the privacy of life of protected persons, their relations with family members or other persons, with the exception of the cases when ensuring of this right would seriously harm the ensuring of security of a protected person; 4) require, on a reasoned basis, to replace the officers ensuring his physical protection; 5) submit proposals concerning a better organisation of protection, require that existing shortcomings be eliminated. Article 8. Duties of Protected Persons 1. Protected persons: 1) shall forthwith notify the VIP Protection Department of the threat posed to their own and/or their family members’ health or life; 2) shall ensure the provision
with information on their agenda and changes thereof; 3) upon the receipt, from officers
, of information on a potential threat to their life or health, shall take into consideration the changes to the agenda or itinerary proposed by them; 4) may not use the vehicles intended for their protection to carry accidental persons, where this could impede the ensuring of their own security; 5) may not pose obstacles to officers
in performing their duties; 6) must create for the officers protecting them appropriate conditions to perform their functions, refrain from the actions which would substantially complicate the ensuring of security; 7) must refrain from the actions not related to their duties, where the officers
inform of the impossibility to ensure the security of these persons.
. Legal Status
The VIP Protection Department shall be a budgetary institution established in accordance with the procedure laid down by laws and ensuring protection of protected persons and performing other tasks assigned thereto by the laws. Article 11. Tasks
1. The key tasks
shall be to ensure protection of protected persons against attempts on their life and/or health and protection of protected facilities. 2. The peculiarities of performance of the tasks
in the event of war, also in the case of protection of diplomatic missions of foreign states, representations of international organisations and consular posts as well as the persons enjoying diplomatic and consular immunities and privileges and of performance of the tasks in military territories as well as other facilities with a special legal regime shall be specified by treaties and other legal acts. Article 12. Functions
The VIP Protection Department shall: 1) in the territory of the Republic of Lithuania, organise and carry out protection of protected persons, co-ordinate the actions of services of the Ministry of the Interior and other institutions assisting in ensuring the protection of protected persons and protected facilities and be responsible for the security of the protected persons and the protected facilities within the sphere of its competence; 2) outside the Republic of Lithuania, ensure solely the physical protection of state leaders. The basic principles of ensuring of protection of the state leaders outside the Republic of Lithuania shall be stipulated by international instruments; 3) in accordance with the procedure laid down by laws and to the extent specified by the Government, carry out operational activities to ensure the implementation of the tasks assigned thereto; 4) establish and ensure a special regime at protected facilities; 5) by controlling access to protected facilities by the persons lawfully carrying arms, parts of firearms or ammunition, provide conditions for leaving the arms, parts of firearms or ammunition in temporary custody during the period of stay at a protected facility in accordance with the procedure laid down by the Director
; 6) collect, accumulate, analyse and generalise the information relating to implementation of tasks and performance of functions thereof; 7) perform other functions specified by legal acts. Article 13. Co-operation
with Institutions and Agencies of the Republic of Lithuania and Foreign Countries For the purpose of implementing its tasks and performing its functions, the VIP Protection Department shall co-operate with state and municipal institutions, agencies and public organisations of the Republic of Lithuania, entities of operational activities, other law enforcement institutions and agencies as well as institutions and agencies of foreign countries. Article 14. Right
to Obtain Information
The VIP Protection Department shall be established and regulations thereof shall be approved by the Government. The VIP Protection Department shall be reorganised, transformed or liquidated in accordance with the procedure laid down by legal acts. 2. The VIP Protection Department shall consist of divisions, subdivisions and other structural units. Article 16. Heads
shall be directly subordinate and accountable to the Minister of the Interior. 3. Deputy Directors
shall be appointed and dismissed by the Minister of the Interior on the recommendation of the Director. Article 17. Director
1. The Director
shall: 1) be responsible for implementation of tasks and performance of functions
as well as organisation of work thereof; 2) organise, control and co-ordinate the activities
and its structural units; 3) submit to the Minister of the Interior proposals on the establishment, transformation, reorganisation or liquidation of structural units
; 4) submit to the Minister of the Interior for approval the structure
and list of positions; 5) approve job descriptions of civil servants
; 6) appoint and dismiss officers and other civil servants
; 7) grant incentives to officers and other civil servants
and impose disciplinary penalties on them; 8) on the instruction of the Minister of the Interior and within the sphere of his competence, represent the Ministry of the Interior in considering the issues related to the VIP Protection Department; 9) in accordance with the procedure laid down by laws, draft and submit to the Ministry of the Interior and the Ministry of Finance the applications
for allocation of budget appropriations; 10) within the sphere of his competence, issue orders, organise and control execution thereof; 11) upon assigning protection to protected persons, ensure their familiarisation with the rights and duties to be acquired; 12) determine the levels of ensuring of protection of protected persons and protected facilities; 13) perform other functions specified by legal acts. 2. The Director
shall have the right, within the sphere of his competence, to change, suspend or revoke the unlawful decisions taken by officers
. 3. A person who has a university degree of higher education or equivalent degree and has worked in a high-ranking position in civil service for at least three years may be the Director
. Article 18. Civil Servants
The status of officers
shall be specified by the Law on Civil Service, this Law and other legal acts regulating the legal relationships of service of statutory civil servants, and that of other civil servants
– by the Law on Civil Service and other legal acts regulating the legal relationships of service of civil servants. CHAPTER FIVE RIGHTS, DUTIES AND LIABILITY OF AN OFFICER
. Rights of an Officer
1. The officers
shall have the right, within the sphere of their competence, to change or revoke the decisions taken by officers subordinate to them or suspend execution thereof. 2. In ensuring implementation of tasks
, an officer
shall have the right: 1) to require that natural or legal persons take immediate action to promptly eliminate the obstacles preventing the officer
from performing his immediate tasks. The lawful demands of the officer
must be complied with unconditionally and without delay; 2) in the cases specified by this Law, to use firearms, physical force and/or other means of coercion; 3) in ensuring the forwarding of the information which a protected person requests to forward in special cases, to use the means of communications belonging to natural or legal persons. If required so by the owner of the means of communication, the VIP Protection Department must, in accordance with the procedure laid down by legal acts, compensate to the owner for the expenses and/or losses incurred; 4) to refer to the traffic police for restriction or prohibition of vehicle or pedestrian traffic, impose on natural and legal persons an obligation to suspend works on streets and roads, where a threat is posed to security of protected persons; 5) in accordance with the procedure laid down by laws, to obtain from state and municipal institutions and agencies, other legal and natural persons the information necessary for the implementation of tasks
; 6) to make photographs, audio or video records without infringing the inviolability of a person’s private life; 7) to use seals with a view to ensuring protection of protected persons and protected facilities; 8) in ensuring the security of protected persons and protected facilities, also in seeking to prevent an offence being committed against the protected persons, to detain and deliver offenders in accordance with the procedure laid down by laws to the official premises
or other law enforcement institutions for the purpose of their identification, also for drawing up of protocols, statements and notices, examination of the persons’ belongings; 9) when persecuting a person who is suspected of a criminal act against protected persons and/or protected facilities, also when seeking to prevent a criminal act being committed, to enter at any time of day and night the residential and non-residential premises, territories belonging to natural and legal persons, to stop and enter vehicles. In the event of a refusal to comply, the officer
shall have the right to enter the premises and vehicles by force. The officer must notify a prosecutor of such actions without delay, not later than within 24 hours; 10) when persecuting a person who is suspected of a criminal act against protected persons and/or protected facilities, when carrying a protected or another person in need of emergency medical aid to a health care establishment or in other urgent cases, to have unrestricted access to all vehicles belonging to natural or legal persons. If required so by the owner of the vehicle, the VIP Protection Department must, in accordance with the procedure laid down by legal acts, compensate to the owner for the expenses and/or losses incurred; 11) in ensuring a special regime at protected facilities, to receive from natural or legal persons and hand over to the police in accordance with the procedure laid down by legal acts firearms, ammunition, explosives, explosive, narcotic and other substances, means or items which are subject to a permit or whose holding or use is prohibited by law, in the event of violation of the regulations governing the holding or use thereof; 12) in ensuring the security of protected persons and/or protected facilities, to restrict access to the protected facilities by persons carrying arms, parts of firearms or ammunition or other persons who may pose a threat; 13) in ensuring the security of a protected person in the places attended by him or the security of a protected facility, to visually inspect the arms, ammunition belonging to legal and natural persons and the places of storage and safekeeping thereof; 14) in ensuring the security of a protected person, to use special vehicles; 15) in ensuring protection, also in seeking to detect explosive devices, substances and/or other hazardous substances and to neutralise them, upon agreement with owners, to visually inspect and examine with the help of special equipment the residential and non-residential premises, territories belonging to natural and legal persons, also sealed premises, territories and/or vehicles. In urgent cases, the officer
shall have the right to carry out these actions without prior agreement with owners of the premises or vehicles. In this case, a prosecutor must be notified of such actions without delay, not later than within 24 hours; 16) to check and visually inspect the vehicles entering and leaving the territory of protected facilities, the goods and items kept in the vehicles belonging to natural or legal persons, also to check and visually inspect the persons and their luggage at control posts; 17) subject to agreement with protected persons, to alter their planned travel itinerary, places of residence and the places they attend, in the event of a threat posed to the life and/or health of the protected persons and when this is necessary to ensure their security; 18) other rights granted thereto by laws. Article 20. Duties of an Officer
1. An Officer
must: 1) respect and defend human dignity and honour, other rights and freedoms; 2) ensure protection of protected persons and protected facilities; 3) upon receiving a notification of a criminal act or another offence being committed or when being a witness to an accident, take immediate measures to prevent the criminal act or another offence being committed, protect the place of the accident and evidence, establish witnesses of the criminal act, detain a person who is suspected of having committed the act prohibited by law and bring him to a police establishment. The requirements of this subparagraph, with the exception of the requirement to notify the police establishment thereof, shall not apply to an officer
when the fulfilment of this duty would in principle interfere with the performance of the task assigned to the officer
; 4) ensure the rights and legitimate interests of detained persons, provide emergency assistance to a victim of an offence or a person in a helpless state; 5) take all possible measures to save human life and health, personal property, the property of the state, public or other organisations in the event of natural disasters, catastrophes, accidents and other emergencies; 6) in accordance with the procedure laid down by legal acts, protect the information relating to the protected person’s private life, unless his official duties require otherwise; 7) carry out operational activities within the scope of his competence; 8) avoid unnecessary restrictions of a person’s rights; 9) fulfil other duties provided for by law. 2. When performing official duties, an officer
must introduce himself. Where the officer does not wear distinctive insignia (special clothing (uniform) or special official badge) or if a person requires so, the officer
must present an official identification document. Article 21. Liability of an Officer
1. An officer
shall be personally liable for his actions, decisions and consequences thereof. 2. An officer
who violates requirements of law in performing the duties assigned to him shall, depending on the nature of the violation and in accordance with the procedure laid down by laws and other legal acts, be subject to disciplinary, administrative, civil, material or criminal liability.
shall be compensated in accordance with the procedure laid down by laws. 5. An officer
shall not be held liable for the damage caused when acting according to the powers granted by laws and other legal acts. CHAPTER SIX Use of Firearms and OTHER Means OF COERCION Article 22. Means of Coercion and Conditions of Use Thereof 1. An officer
may, in the cases and in accordance with the procedure laid down by this Law and other legal acts, use physical coercion, a firearm and blasting agents.
may, as a means of coercion, use a vehicle, also various ancillary tools. 4. An officer
shall have the right to use the means of coercion only as the needs of the service require and only to the extent required to perform an official duty as well as only after means of persuasion and other non-coercive means prove to be ineffective or impossible. The type of the means of coercion and limits of use thereof shall be selected by an officer
taking account of a specific situation, nature of an offence as well as individual characteristics of the offender. In using coercion, an officer
must attempt to avoid serious consequences in respect of people and property. Prior to using coercion, an officer
must warn an offender of such an intention, with the exception of the cases when a delay poses a threat to the life and/or health of a protected person, the officer or another person or when such a warning is impossible for other reasons. 5. A prosecutor shall be immediately notified of the coercion used by an officer
and leading to a person’s death or bodily injury. Article
shall have the right to use physical coercion in the following cases: 1) when defending a protected person, himself or another person against an initiated or imminent attempt on life or health; 2) when an attempt is made against a protected facility or another property; 3) when detaining a person who has committed an offence and who is showing resistance or is otherwise actively avoiding detention; 4) when securing compliance with a lawful demand, where a person is avoiding the compliance; 5) when stopping a vehicle in the event of official necessity. 2. An officer
shall have the right to stop a vehicle, block or ram another vehicle where the driver thereof or another person in that vehicle poses, by his actions, a threat to the life or health of a protected person. The police must be forthwith notified of such accidents. Where an officer
, when driving a vehicle, blocks or rams another vehicle thus posing a threat to the life or health of persons, after carrying out such actions he must take measures to eliminate the effects of the actions.
shall have the right to use a firearm against a person, animal or vehicle. A firearm may be used only in exceptional cases, where other means are ineffective. 2. An officer
shall have the right to use a firearm against a person in the following cases: 1) when defending a protected person, himself or another person against an initiated or imminent dangerous attempt on life or health; 2) when defending a protected facility against an attempt, where it is related to a threat to human life or health; 3) when detaining a person who has committed an attempt on a person’s life or health and who is showing resistance or is otherwise actively avoiding detention; 4) when detaining a person attempting to commit a criminal act dangerous to life or health, where this person refuses to comply with the demand to put down a weapon or another item which could be used to deprive a person of life or injure him; 5) when an attempt is initiated against a firearm, where a threat arises to a person’s life. 3. An officer
shall have the right to use a firearm against an animal where it poses a threat to a protected person’s, the officer’s or other persons’ life or health. An officer
shall also have the right to use a firearm in other cases of direct necessity. 4. An officer
shall have the right to use a firearm against a vehicle in the following cases: 1) when the vehicle is used for the purposes of committing a dangerous attempt on life or health against a protected person, the officer or another person; 2) when detaining a person who has committed a criminal act, when the latter attempts to escape using the vehicle.
shall exercise his right to use a firearm in compliance with the legal acts of the country wherein protection is ensured. Article 25. Use of Blasting Agents An officer
shall, without posing a threat to human life and health, have the right to use blasting agents to destroy explosive devices, entry the premises wherein criminal acts are being committed. Article 26. Guarantees of Security of an Officer
1. An officer
shall have the right to take out a firearm from the holster and to prepare it for use in all cases when he believes that he may be forced to use it. 2. An officer
shall have the right to fire from a firearm not posing a threat to the valuables protected by law, where it is necessary to give an alarm signal, to call for help or to warn a person about a possible use of the firearm against him. CHAPTER SEVEN FINANCING, TECHNICAL SUPPLY AND CONTROL OF ACTIVITIES
. Financing
1. The VIP Protection Department shall be a budgetary institution financed with the state budget and having a separate estimate of expenditure. The Director
shall be the manager of state budget appropriations allocated to the VIP Protection Department.
1. The activities
shall be controlled by the Minister of the Interior, authorised state institutions and agencies in accordance with the procedure laid down by laws and other legal acts and within the sphere of their competence. 2. The internal working and control arrangements
shall be established by the Director
. CHAPTER EIGHT FINAL PROVISIONS Article
shall remain in force until adoption of relevant legal acts replacing them and implementing this Law.
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