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Įstatymas skelbtas: Žin

Obsah (9)Article 145Article 151Article 178Article 187Article 189Article 198Article 301Article 302Article 179

Įstatymas skelbtas: Žin REPUBLIC OF LITHUANIA LAW ON OPERATIONAL ACTIVITIES 20 June 2002 No IX-965 (As last amended on 12 May 2011 – No XI-1374) Vilnius CHAPTER ONE GENERAL PROVISIONS Article 1. Purpo

Article 145

, paragraphs 2 and 3 of Article 146,

Article 151

, Article 162,

Article 178

, paragraph 1 of Article 180, paragraph 1 of Article 181,

Article 187

,

Article 189

, paragraph 1 of Article 1891,

Article 198

, paragraph 1 of Article 213, Articles 214 and 215, paragraph 1 of Article 225, paragraphs 1 and 2 of Article 226, paragraphs 1 and 2 of Article 227, paragraph 1 of Article 228, Article 2281, Article 240, paragraph 1 of Article 253, paragraph 1 of Article 256, paragraphs 2 and 3 of Article 300,

Article 301

,

Article 302

and paragraphs 1 and 2 of Article 307 of the Criminal Code of the Republic of Lithuania or about a person planning, committing or having committed a crime; 2) information is available about the activities of the special services of other states; 3) the suspect, the accused or the convicted person goes into hiding; 4) a person is reported missing; 5) protection of persons against criminal influence is being implemented; 6) protection of state secrets is being implemented; 7) information is available about the acts positing a threat to the constitutional system of the State, independence and economic security thereof, ensuring of the defence power of the State or other interests of importance to national security. Article

  1. Covert Monitoring of Postal Items, Document Items, Money Orders and Documents Thereof, Use of Economic, Financial Operations of a Natural or Legal Person, Financial Instruments and/or Means of Payment, Use of Technical Means in Accordance with the Special Procedure and Obtaining of Information from the Economic Entities Providing Electronic Communications Networks and/or Services, from the Bank of Lithuania, Commercial Banks, Other Credit and Financial Institutions, Also from Other Legal Persons
  2. The covert monitoring of postal items, document items, money orders and documents thereof, the use of economic, financial operations of a natural or legal person, financial instruments and/or means of payment and the use of technical means in accordance with the special procedure shall be authorised by the chairmen of regional courts or the judges authorised by them according to reasoned applications by the Prosecutor General or prosecutors of the Prosecutor General’s Office or regional prosecutor’s offices who have been authorised by him and who co-ordinate and control the lawfulness of operational actions, where the applications are prepared according to the data submitted by the heads of the entities of operational activities or deputy heads authorised by them.
  3. In urgent cases, when a danger is posed to human life, health, property, public or state security, it shall be permitted to carry out the actions specified in paragraph 1 of this Article pursuant to a decision by the prosecutors listed in paragraph 1 of this Article. In such a case, a prosecutor who has taken the decision shall, within 24 hours, submit an application for the confirmation of the lawfulness or of the grounds of the actions by a reasoned ruling to a judge indicated in paragraph 1 of this Article. If the time limit expires on a day off or a holiday, the application shall be submitted on the day following the day off or the holiday. Where the judge does not confirm the grounds of the actions by a reasoned ruling, they shall be terminated, and the information obtained in the course thereof shall be destroyed immediately.
  4. For the purposes of conspiracy, a ruling on the carrying out of the operational actions indicated in paragraph 1 of this Article may be handed down by any regional court.
  5. An application shall indicate: 1) the name, surname and position of the officer who has filed the application; 2) data obtained on targets of operational activities; 3) data (grounds) substantiating the necessity of carrying out operational actions; 4) the economic, financial operations of a natural or legal person and/or bank account number, financial instruments and/or means of payment planned to be monitored; 5) the postal items, document items, money orders and documents thereof planned to be monitored (when monitoring thereof is planned); 6) duration of the application of operational actions; 7) the result aimed at.
  6. Covert monitoring of postal items, document items, money orders and documents thereof, the use of economic, financial operations of a natural or legal person, financial instruments and/or means of payment and the use of technical means in accordance with the special procedure shall be authorised for a period not exceeding three months. This period may be extended, but not more than three successive times. The total duration of the period may not exceed 12 months.
  7. The extension of the time period provided for in paragraph 5 of this Article shall be authorised in accordance with the same procedure as the prescription of those actions. The number of extensions shall not be limited, however, each extension may not exceed a time period specified in paragraph 5 of this Article.
  8. In the event of adoption of a reasoned ruling on covert monitoring with respect to postal items, document items, money orders and documents thereof, use of economic, financial operations of a natural or legal person, financial instruments and/or means of payment, the use of technical means in accordance with the special procedure or on extension of these actions, the head of an entity of operational activities or a deputy head authorised by him shall forward one copy of the ruling to the Prosecutor General or to the Deputy Prosecutor General authorised by the Prosecutor General not later than the next working day following the receipt of the ruling.
  9. Where a prosecutor refuses to submit an application for authorisation of the actions specified in paragraph 1 of this Article, the head of the entity of operational activities or his authorised deputy shall have the right to refer to a superior prosecutor of those specified in paragraph 1 of this Article who has the powers to submit applications for authorisation of these actions. The refusal by the prosecutor must be substantiated in writing. The prosecutor who has taken a decision not to submit an application for authorisation of the mentioned actions must inform thereof the Prosecutor General or the Deputy Prosecutor General authorised by him. The decision of the superior prosecutor shall be final.
  10. Where the judge referred to in paragraph 1 of this Article hands down a reasoned ruling to refuse to authorise the actions specified in paragraph 1 of this Article, the prosecutor submitting the application may appeal against the ruling to the chairman of the regional court. The decision of the chairman of the regional court shall be final.
  11. Where a court hands down of a ruling, and in urgent cases, where the prosecutor specified in paragraph 1 of this Article takes a decision, an institution authorised by the Government shall notify an economic entity providing electronic communications networks and/or services of the use of technical means in its network in accordance with the special procedure indicating the application’s number, the date of the handing down of the ruling and the court which has handed down the ruling or the date of the decision of the prosecutor, the prosecutor who has taken the decision as well as the duration of the application of operational actions. Responsibility for the conformity to the court ruling of the content of the notification intended for the economic entity providing electronic communications networks and/or services shall be borne in accordance with the procedure laid down by law by the officer submitting the notification. The economic entity providing electronic communications networks and/or services must take provide a technical possibility to implement monitoring of the information transmitted by means of electronic communications.
  12. The technical commands sent to the network of an economic entity providing electronic communications networks and/or services to commence or discontinue wire tapping or other monitoring of the information transmitted over electronic communications networks shall be stored in such a manner that would prevent the data of the commands sent and received from being modified by the entity of operational activities which has sent the command or by the economic entity providing electronic communications networks and/or services which has received the command. An institution authorised by the Government must provide the Prosecutor General or a prosecutor authorised by him with access to the data medium which holds a record of these commands.
  13. Entities of operational activities shall have the right to obtain from the economic entities providing electronic communications networks and/or services the specific information on former electronic communications events as required for an operational investigation, also information on specific operations performed with funds in an account from the Bank of Lithuania, commercial banks, other credit and financial institutions, also other legal persons upon a reasoned ruling by the chairman of a district court or a judge authorised by him, handed down in accordance with the reasoned applications of the heads of the entities of operational activities or their authorised deputies. In urgent cases, when a danger is posed to human life, health, property, public or state security, it shall be permitted to carry out the actions specified in this paragraph under decisions of heads of entities of operational activities or deputy heads authorised by them. In such a case, the heads of the entities of operational activities or the deputy heads authorised by them shall, within 24 hours, submit an application for the confirmation of the lawfulness or of the grounds of the actions by a reasoned ruling to the chairman of a district court or to a judge authorised by him. If the time limit expires on a day off or a holiday, the application shall be submitted not later than on the day following the day off or the holiday. Where the judge does not confirm the lawfulness of the mentioned actions by a reasoned ruling, the information obtained shall be destroyed immediately.
  14. In seeking to obtain the information indicated in paragraph 12 of this Article, a notice shall be submitted to the economic entities providing electronic communications networks and/or services, the Bank of Lithuania, commercial banks, other credit or financial institutions or other legal persons indicating the application number, date of adoption of the ruling and the court which has adopted the ruling. Responsibility for the conformity of this notice to the court ruling shall be borne by the officer submitting the notice in accordance with the procedure laid down by law.
  15. The information directly related to subscriber telephone numbers or terminal equipment of a network, to the affiliation of a telephone number or terminal equipment of a network, the account numbers of a natural or legal person or the affiliation of bank accounts and/or financial instruments and/or means of payment and the persons authorised to have it at their disposal shall not be subject to a court ruling. Specific information on the electronic communications events, economic, financial operations, the use of financial instruments and/or means of payment directly related to a person may also be collected upon this person’s request or consent. This information shall be provided in accordance with the requests of officers of the entities of operational activities. Where the information is requested upon a person’s request or consent, a copy of the person’s request or consent shall be submitted upon prior approval by an officer submitting the request to provide information.
  16. The head of an entity of operational activities or his authorised deputy shall, in accordance with the established procedure, give a notice to the prosecutor referred to in paragraph 1 of this Article of the subscriber telephone numbers, terminal equipment of a network, accounts, financial instruments and/or means of payment, as used by a person, which were identified and became subject to covert monitoring by the entity of operational activities during the period authorised by the court. The notice of the entity of operational activities shall indicate the date and number of the court ruling, the period of validity of the authorisation, data on the person, the subscriber telephone numbers, terminal equipment of the network, financial instruments and/or means of payment subject to covert monitoring. The notice shall be sent not later than 24 hours after commencement of covert monitoring and recording of the subscriber telephone numbers, the terminal equipment of the network, the accounts, the financial instruments and/or means of payment by a decision of the head of the entity of operational activities or his authorised deputy. If the time limit expires on a day off or a holiday, the notice shall be sent not later than on the day following the day off or the holiday. Article
  17. Covert Entry in Residential and Non-residential Premises and Vehicles and Inspection Thereof, Temporary Seizure and Inspection of Documents, Seizure of Samples of Substances, Raw Materials and Production and Other Objects for Investigation without Disclosing the Fact of Seizure Thereof
  18. Covert entry in residential and non-residential premises and vehicles as well as inspection thereof, temporary seizure and inspection of documents, seizure of samples of substances, raw materials and production as well as other objects for investigation without disclosing the fact of seizure thereof shall be authorised by the chairmen of regional courts or the judges authorised by them under reasoned applications of the Prosecutor General or the prosecutors of the Prosecutor General’s Office or regional prosecutor’s offices who have been authorised by him and who co-ordinate and control the lawfulness of operational actions, where these applications have been prepared on the basis of the data submitted by heads of entities of operational activities or their authorised deputies.
  19. In urgent cases, when a danger is posed to human life, health, property, public or state security, it shall be permitted to carry out the actions specified in paragraph 1 of this Article on the basis of a decision by the prosecutors listed in paragraph 1 of this Article. In this case, a prosecutor who has taken this decision shall, within 24 hours, submit an application for the confirmation of the lawfulness or of the grounds of the actions by a reasoned ruling to a judge indicated in paragraph 1 of this Article. If the time limit expires on a day off or a holiday, the application shall be submitted on the day following the day off or the holiday. Where the judge does not confirm the grounds of the actions, they shall be terminated, and the information obtained in the course thereof shall be destroyed immediately.
  20. A ruling reasoned by conspiracy on the carrying out of the operational actions indicated in paragraph 1 of this Article may be handed down by any regional court.
  21. An application shall indicate: 1) the name, surname and position of the officer who has filed the application; 2) a description of the residential and non-residential premises and vehicles which will be covertly inspected, the documents, samples of substances, raw materials and production and other objects planned to be seized; 3) data (grounds) substantiating the necessity of carrying out operational actions; 4) duration of the application of operational actions; 5) the result aimed at.
  22. Covert entry in residential and non-residential premises and vehicles and inspection thereof, temporary seizure of documents, samples of substances, raw materials and production and other objects shall be authorised for a period not exceeding three months. This period may be extended.
  23. The extension of the time period provided for in paragraph 5 of this Article shall be authorised in accordance with the same procedure as the prescription of those actions. The number of extensions shall not be limited, however, each extension may not exceed a time period specified in paragraph 5 of this Article.
  24. In the event of adoption of a reasoned ruling on covert entry in residential and non-residential premises and vehicles as well as inspection thereof, temporary seizure and inspection of documents, seizure of samples of substances, raw materials and production as well as other objects for investigation without disclosing the fact of seizure thereof or for extension of these actions, the head of an entity of operational activities or a deputy authorised by him shall forward one copy of the reasoned court ruling to the Prosecutor General or the Deputy Prosecutor General authorised by the Prosecutor General not later than the next working day following the receipt of the ruling.
  25. Where a prosecutor refuses to submit an application for the authorisation of the actions specified in paragraph 1 of this Article, the head of an entity of operational activities or his authorised deputy shall have the right to refer to a superior prosecutor of those specified in paragraph 1 of this Article who has the powers to submit applications for the authorisation of these actions. The refusal by the prosecutor must be substantiated in writing. The prosecutor who has taken a decision not to authorise the mentioned actions must inform thereof the Prosecutor General or the Deputy Prosecutor General authorised by him. The decision of the superior prosecutor shall be final.
  26. Where the judge referred to in paragraph 1 of this Article hands down a reasoned ruling to refuse to authorise the actions specified in paragraph 1 of this Article, the prosecutor submitting the application may appeal against the ruling to the chairman of the regional court. The decision of the chairman of the regional court shall be final.
  27. It shall be prohibited to carry out the operational actions specified in this Article, where they pose a direct danger to human life and health or may give rise to other serious consequences. Article
  28. Mode of Conduct Imitating a Criminal Act
  29. The mode of conduct imitating a criminal act shall be authorised by the Prosecutor General or by the prosecutors of the Prosecutor General’s Office or regional prosecutor’s offices who have been authorised by him and who co-ordinate and control the lawfulness of operational actions on the basis of a reasoned application by the head of an entity of operational activities or his authorised deputy.
  30. An application shall indicate: 1) the name, surname and position of the officer who has filed the application; 2) the data substantiating the necessity of employing the mode of conduct imitating a criminal act; 3) data about the persons to whom the mode of conduct imitating a criminal act shall be applied (if available); 4) the limits of the specific actions carried out in the course of application of the mode of conduct imitating a criminal act, in accordance with the characteristics of the criminal acts specified in the Criminal Code and the Code of Administrative Offences; 5) data about the persons who will carry out actions according to the mode of conduct imitating a criminal act; 6) the anticipated duration of the mode of conduct imitating a criminal act; 7) the result aimed at.
  31. The mode of conduct imitating a criminal act as prepared by an entity of operational activities shall be authorised for a period not exceeding 6 months. This period may be extended.
  32. The extension of the mode of conduct imitating a criminal act as provided for in paragraph 3 of this Article shall be authorised in accordance with the same procedure as the prescription of the mode of conduct imitating a criminal act. The number of extensions shall not be limited, however, each extension may not exceed a time period specified in paragraph 3 of this Article.
  33. Upon the authorisation of the mode of conduct imitating a criminal act or extension thereof, the head of an entity of operational activities or his authorised deputy shall, not later than the next working day following authorisation, send one copy of the application to the Prosecutor General or to the Deputy Prosecutor General authorised by him.
  34. Where a prosecutor refuses to authorise the actions specified in paragraph 1 of this Article, the head of the entity of operational activities or his authorised deputy shall have the right to refer for the authorisation of the application to a superior prosecutor among those specified in paragraph 1 of this Article who has been granted powers to authorise these actions. The refusal by the prosecutor must be substantiated in writing. The prosecutor who has taken a decision not to authorise the mentioned actions must inform thereof the Prosecutor General or the Deputy Prosecutor General authorised by him. The decision of the superior prosecutor shall be final.
  35. It shall be prohibited to act according to the modes of conduct imitating a criminal act which pose a direct danger to human life and health or may give rise to other serious consequences. Prior to initiating actions according to the mode of conduct imitating a criminal act, a person shall be acquainted against his signature with the established action limits for the mode in accordance with the procedure laid down by the main institutions of entities of operational activities. Article
  36. Controlled Delivery
  37. Controlled delivery shall be authorised by the Prosecutor General or by the prosecutors of the Prosecutor General’s Office or regional prosecutor’s offices who have been authorised by him and who co-ordinate and control the lawfulness of operational actions subject to a reasoned application by the head of an entity of operational activities or his authorised deputy.
  38. An application shall indicate: 1) the name, surname and position of the officer who has filed the application; 2) the data substantiating the necessity of controlled delivery; 3) the data concerning a natural or legal person (persons) who is suspected of delivering controlled items; 4) the names of the countries from which and to which a controlled item is being carried; 5) the anticipated duration of controlled delivery; 6) the result aimed at as well as the intermediate and final objectives of controlled delivery.
  39. Upon the authorisation of controlled delivery, the head of an entity of operational activities or his authorised deputy shall, not later than the next working day following authorisation, send one copy of the application to the Prosecutor General or to the Deputy Prosecutor General authorised by him.
  40. Where a prosecutor refuses to authorise the actions specified in paragraph 1 of this Article, the head of an entity of operational activities or his authorised deputy shall have the right to refer to a superior prosecutor of those specified in paragraph 1 of this Article who has the powers to authorise these actions for the authorisation of the application. The refusal by the prosecutor must be substantiated in writing. The prosecutor who has taken a decision not to authorise the mentioned actions must inform thereof the Prosecutor General or the Deputy Prosecutor General authorised by him. The decision of the superior prosecutor shall be final.
  41. It shall be prohibited to carry out controlled delivery, where it poses a direct danger to human life and health or may give rise to other serious consequences. CHAPTER FOUR PARTICIPATION OF PERSONS IN OPERATIONAL ACTIVITIES Article
  42. Assistance in Operational Activities by Persons
  43. Operational activities shall be based on a voluntary, overt and covert assistance by persons.
  44. Active and effective assistance may be subject to remuneration. Article
  45. Covert Participants in Operational Activities
  46. Covert participants in operational activities shall be the employees of entities of operational activities whose affiliation with an entity of operational activities shall be classified and the adult persons who covertly co-operate with entities of operational activities and with whom the entities of operational activities have entered into written arrangements on covert co-operation or the employees of an entity of operational activities have entered into verbal agreements on covert co-operation. Entities of operational activities and employees thereof may not enter into verbal agreements or written arrangements with the persons who must maintain the seal of confession. The procedure for entering into and terms of the verbal agreements on covert co-operation, the procedure for entering into, terms and model forms of the written arrangements on covert co-operation shall be stipulated by the main institutions of the entities of operational activities.
  47. The employees of entities of operational activities whose affiliation with an entity of operational activities is classified may, while performing the tasks of the entities of operational activities, be employed in accordance with a cover story in other undertakings, agencies or organisations and receive remuneration or other funds in connection with the carrying out of their classified activities. The restrictions set in the Law on Civil Service and other laws or statutes with regards to employment in other undertakings, agencies or organisations and receipt of remuneration shall not apply to them.
  48. Covert participants in operational activities shall be protected by the State. The data which establish the identity of covert participants in operational activities and detailed information about the quantitative and personal composition of these participants shall constitute a state secret. In the event of a danger arising to the life, health and property of participants in operational activities or the members of their families, entities of operational activities shall, in compliance with laws and other legal acts, take the necessary measures in order to ensure the security of these persons.
  49. Complaints concerning the written arrangements on covert co-operation or verbal agreements on covert co-operation concluded with persons by entities of operational activities shall be examined by the entity of operational activities with which a person has concluded such an arrangement or such an agreement or the main institution of this entity. A complaint must be examined within 30 days of the receipt thereof. Article
  50. Drafting of Procedural Documents Used in Accordance with a Cover Story and Necessary in Applying the Use of Agents to Arrested Persons
  51. The procedural documents which are used in accordance with a cover story, are subject to a court authorisation and are necessary in applying the use of agents to arrested persons shall be authorised by the chairmen of district courts or their authorised deputies upon the reasoned applications of heads of entities of operational activities or their authorised deputies as agreed with the chief prosecutors or deputy chief prosecutors of district prosecutors’ offices.
  52. The main institutions of entities of operational activities shall determine the form of the applications provided for in paragraph 1 of this Article. CHAPTER FIVE FORWARDING AND USE OF CLASSIFIED OPERATIONAL INTELLIGENCE AND OTHER CLASSIFIED INFORMATION PREPARED ON THE BASIS THEREOF. LIABILITY FOR VIOLATIONS OF THIS LAW Article
  53. Forwarding and Use of Classified Operational Intelligence and Other Classified Information Prepared on the Basis Thereof
  54. Classified operational intelligence may be used in the following cases: 1) in the course of co-operation of entities of operational activities; 2) in criminal proceedings; 3) in the cases provided for in paragraph 3 of this Article.
  55. Classified operational intelligence may be used in criminal proceedings. Where such information is used in criminal proceedings, a record of carrying out of operational actions must be drawn up. The content of the record of carrying out of operational actions must be in conformity with the requirements set forth in

Article 179of the Code of Criminal Procedure.

  1. Classified operational intelligence shall be submitted for familiarisation to the President of the Republic, the Speaker of the Seimas, the Prime Minister of the Republic of Lithuania, also to the state institutions exercising control of operational activities or to the persons authorised to exercise control of such activities at their reasoned written request, where the classified information prepared on the basis of operational intelligence and submitted for familiarisation proves to be insufficient for the performance of the functions specified for them in legal acts or for adoption of decisions.
  2. Other state institutions or persons not carrying out operational activities may, in accordance with the procedure laid down by the Law on State Secrets and Official Secrets, be provided solely with the classified information prepared on the basis of operational intelligence.
  3. Detailed data which might disclose classified methods and means of operational activities, tactics of the carrying out of operational activities, impede the carrying out of operational activities or prejudice unfinished operational investigations, also the data which might disclose covert participants in operational activities shall not be provided.
  4. The procedure for furnishing classified operational intelligence shall be laid down by the Government. As of 1 July 2011, the Article shall be supplemented with paragraph 3; paragraphs 3, 4, 5 and 6 of Article 17 shall be renumbered as paragraphs 4, 5, 6 and 7 respectively:
  5. Where classified operational intelligence on an act involving elements of corruptive nature as committed by a person has not been used in accordance with the procedure laid down in

this Article, it may be declassified by a decision of the head of the main institution of the entity of operational activities and may be used in investigation of a disciplinary misconduct and/or misconduct in office.

  1. Classified operational intelligence shall be submitted for familiarisation to the President of the Republic, the Speaker of the Seimas, the Prime Minister of the Republic of Lithuania, also to the state institutions exercising control of operational activities or to the persons authorised to exercise control of such activities at their reasoned written request, where the classified information prepared on the basis of operational intelligence and submitted for familiarisation proves to be insufficient for the performance of the functions specified for them in legal acts or for adoption of decisions.
  2. Other state institutions or persons not carrying out operational activities may, in accordance with the procedure laid down by the Law on State Secrets and Official Secrets, be furnished solely the classified information prepared on the basis of operational intelligence.
  3. Detailed data which might disclose classified methods and means of operational activities, tactics of the carrying out of operational activities, impede the carrying out of operational activities or prejudice unfinished operational investigations, also the data which might disclose covert participants in operational activities shall not be provided.
  4. The procedure for furnishing classified operational intelligence shall be laid down by the Government. Article
  5. Liability for Violation of the Requirements of This Law
  6. The persons in breach of the requirements of this Law shall be held liable under law.
  7. A person who has carried out the operational actions provided for in this Law shall be exempt from legal liability, unless he has exceeded the limits of the actions authorised in accordance with the established procedure. CHAPTER SIX FINANCING OF OPERATIONAL ACTIVITIES Article
  8. Financing of Operational Activities
  9. Operational activities shall be funded from the state budget according to estimates of state institutions. The principles of and procedure for spending the funds allocated to operational activities shall be laid down by the main institutions of entities of operational activities. Operational activities may be financed also from other sources in accordance with the procedure laid down by the Government or institutions authorised by it.
  10. The funds obtained in the course of operational activities shall be accounted as non-budgetary funds and may be used to finance these activities in accordance with the procedure laid down by the Government or an institution authorised by it.
  11. The Auditor General or, on his assignment, the officers of the National Audit Office especially authorised for this purpose as well as the officers authorised by the internal audit services of entities of operational activities shall control the use of funds by the entities of operational activities.
  12. The National Audit Office shall inform the Seimas commission provided for in paragraph 1 of Article 23 of the results of verification of the use of funds by entities of operational activities. CHAPTER SEVEN CONTROL, CO-ORDINATION AND SCRUTINY OF OPERATIONAL ACTIVITIES Article
  13. Internal Control
  14. The internal control of operational activities shall be organised by the heads of entities of operational activities and by the heads of the main institutions of the entities of operational activities.
  15. Covert participants in operational activities as well as the information concerning them, operational investigation files and tactics of operational actions shall be the object of internal control of entities of operational activities.
  16. The Minister of Finance, Minister of National Defence and Minister of the Interior shall, within the limits of their powers, co-ordinate and scrutinise the activities of the main institutions of entities of operational activities subordinate to them. Article
  17. Co-ordination of Operational Actions and Control of Lawfulness Thereof The Prosecutor General or the prosecutors of the Prosecutor General’s Office or regional prosecutor’s offices authorised by him shall co-ordinate the operational actions of entities of operational activities and control the lawfulness thereof when preparing the reasoned applications provided for in Articles 10 and 11 of this Law, authorising or refusing to authorise the actions specified in Articles 12 and 13 of this Law, obtaining the information concerning the course and results of the actions specified in Articles 10, 11, 12, and 13, and examining persons’ complaints in respect of the actions of entities of operational activities. The Prosecutor General shall laid down the procedure for co-ordinating actions referred to in Articles 10, 11, 12 and 13 of this Law and controlling lawfulness thereof. Article
  18. Government Control
  19. The Government shall exercise control over operational activities in accordance with the limits of powers established by the Constitution and laws of the Republic of Lithuania.
  20. The Government shall co-ordinate the activities of entities of operational activities and the main institutions thereof with a view to ensuring their co-operation and pooling their efforts to efficiently solve, within the limits of their powers, the topical problems of crime and state security. Article
  21. Parliamentary Scrutiny
  22. A Commission for Parliamentary Scrutiny of Operational Activities (hereinafter referred to as “the Commission”) shall be formed by a Seimas decision in accordance with the procedure laid down by the Statute of the Seimas by maintaining the principle of proportional representation of the Seimas parliamentary groups. This Commission shall consist of seven members and shall be a standing commission.
  23. The tasks of the Commission shall be: 1) to control the protection of constitutional rights and freedoms in the course of operational activities; 2) to scrutinise whether the activities of entities of operational activities are in conformity with the Constitution and laws of the Republic of Lithuania and to analyse the efficiency and rationality of the use of financial resources by the entities of operational activities; 3) to submit proposals to the Seimas, the Government and other institutions with respect to the adoption and improvement of the legal acts regulating operational activities; 4) to analyse the status of the regulatory enactments regulating operational activities as well as to determine whether these acts are in conformity with the requirements of the laws; 5) to investigate the cases of a gross violation of the Law on Operational Activities and exceeding the limits of activities established by entities of operational activities and to analyse the grounds and expediency of operational activities.
  24. The Commission shall have the right: 1) to hear the information and reports of entities of operational activities, the main institutions thereof, prosecutors, ministries and other state institutions regarding the implementation of the Law on Operational Activities; 2) in its work, to engage the professional experts authorised to acquaint themselves with the information comprising a state secret; 3) to require and obtain from state and municipal institutions, organisations, the entities of operational activities, the economic entities providing electronic communications networks and/or services documents, explanations and other information necessary to implement the control; 4) to invite to sittings officials and other persons, hear them and require the officials to submit verbal or written clarifications in respect of nonfeasance or violation of the requirements of this Law as well as other legal acts.
  25. Duties of the members of the Commission and the persons engaged by the Commission shall be: 1) to maintain the secrecy of the data or information which they have obtained in the course of an investigation, where such data or information comprise a state, official, commercial or other secret which is protected by law; 2) to avoid a conflict of interest and not to make use of the data or information obtained in the course of performance of these duties for personal or other persons’ benefit; 3) not to reveal the information related to an on-going investigation and available material until the Commission completes the investigation.
  26. The Commission may take the following decisions: 1) to bring to the attention of officials and other civil servants a failure to comply with laws and other violations and to require the elimination of identified shortcomings; 2) to hand over the material of an investigation to law enforcement institutions as well as to request that an official verification be carried out and the issue of liability be resolved, to propose the imposition of disciplinary penalties to officials for misfeasance of their duties or to suspend the activities thereof until a decision is taken on the results of the investigation.
  27. The Commission shall be prohibited from familiarising with the data which establish the identity of covert participants in operational activities and with the particulars concerning the quantitative and personal composition of these participants, operational investigation files and tactics of the carrying out of operational activities. CHAPTER EIGHT FINAL PROVISIONS Article
  28. Repealed as of 24 December
  29. Article
  30. Repealed as of 14 May
  31. Article
  32. Proposals to the Government
  33. To propose to the Government to review, by 1 October 2002, the laws and other legal acts currently in force and related to the provisions of this Law and, where necessary, adopt appropriate amendments thereof or draft new legal acts.
  34. To propose to the Government to draft a Law Amending the Law on Operational Activities in view of the entry into force of the new versions of the Criminal Code and Code of Criminal Procedure. Article
  35. Repealed Legal Acts Upon the entry into force of this Law, the following laws shall be repealed: 1) Law of the Republic of Lithuania on Operational Activities (Official Gazette, No 50-1190, 1997); 2) Law Amending Articles 3, 5 and 16 of the Law of the Republic of Lithuania on Operational Activities (Official Gazette, No 50-1604, 1999); 3) Law Amending Article 4 of the Law of the Republic of Lithuania on Operational Activities (Official Gazette, No 28-762, 2000); 4) Law Amending and Supplementing Articles 3, 5 and 16 of the Republic of Lithuania Law on Operational Activities (Official Gazette, No 41-1168, 2000); 5) Law Amending Article 4 of the Law of the Republic of Lithuania on Operational Activities (Official Gazette, No 111-3572, 2000). I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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