LAW ON PROCEDURES OF PREPARATION OF LAWS Official Translation REPUBLIC OF LITHUANIA LAW ON PROCEDURE OF DRAFTING OF REPUBLIC OF LITHUANIA LAWS AND OTHER REGULATORY ENACTMENTS May 2, 1995, No I-872 as amended by May 20, 1999 No. VIII - 1193 Vilnius Article
- Purpose of the Law This Law shall regulate the drafting of Republic of Lithuania laws and other regulatory enactment (further - legal acts) and stages thereof and requirements of form, structure, contents and language of legal acts. Article
- Legal Act A legal act in this Law shall be a legal act of the authorised public authority institution or one adopted by referendum, which establishes, amends or annuls legal norms. Article
- Stages of Drafting of a Legal Act The stages of drafting of a legal act shall be as follows: 1) establishment of purpose of a legal act and task of its drafting; 2) determination (selection) of compiler; 3) drafting of the text of a legal act; 4) co-ordination and approbation of legal act. Article
- Drafting of a Legal Act
- All legal and natural persons shall have the right to submit proposals on drafting of a legal act. Persons having the right of legislative initiative in the Seimas, as well as public authority institutions within the limits of their competence, shall have the right to determine the purpose of legal act and the task of drafting thereof.
- The compilers of a legal act may be persons or a group thereof appointed by a public authority institution or selected by tender, as well as a person or initiative group of persons.
- A legal act shall be deemed drafted if it corresponds to the requirements set forth in Articles 5-12 of this Law.
- The drafted legal act shall be co-ordinated, approved and submitted to the institution, authorised to adopt it, according to the procedure established by such an institution.
- The co-ordination of a draft legal act regulating economic relations shall be evaluated from the point of view of anti-corruption.
- Should there be any reason to think that the approved legal act may have an impact on the crime situation, the institution authorised to adopt it shall assign a criminological expert examination.
- The Government shall approve the procedure of remuneration for drafting and expert examination of legal acts performed by commissions and working groups, formed by the Seimas, the President of Lithuania or the Government. Article
- Requirements of a Legal Act
- A legal act must comply with the Constitution of the Republic of Lithuania, as well as other legal acts in force unless the act includes standards which modify the governing legal acts.
- The Legal Act must correspond to the requirements of form, structure, contents and language provided in this Law. Article
- Form of a Legal Act
- A legal act shall include: 1) name of institution authorised to adopt it; 2) name of the kind of the legal act; 3) name of the legal act (heading); 4) date, number, place of adoption of a legal act; 5) text of the legal act; 6) office, name, surname of the person signing the legal act.
- A draft legal act shall give reference "Draft" in front of the name of the act, in the right-hand corner of the page. Article
- Form of a Law
- The Law shall indicate in order of succession : 1) name of the law; 2) date and number of adoption of the law; 3) place of adoption of the law; 4) text of the law; 5) office, name, surname of a person signing the law.
- The name of the law shall appear in capital letters in the centre of the line, and the word "law" shall be transferred to the centre of the next line.
- The date and number of the adoption of the law shall appear at the centre of one row.
- The place of adoption shall appear in the centre in lower case letters.
- The text of the law shall be started from the new line.
- The office of the person signing the law shall appear under the text in capital letters in the left - hand corner of the line, while the name and surname will appear in the right-hand corner of the line.
- An explanatory note shall be presented together with the draft law pursuant to the provisions of Article 140 of the Statute of the Seimas of the Republic of Lithuania. Article
- Structure of a Law
- A law shall be composed of: 1) parts; 2) chapters; 3) sections; 4) articles.
- All constituent parts of a law provided in paragraph one of this Article shall have names (headings). The names of parts, chapters and sections of a law shall be rendered in capital letters in the centre of the line. The names of articles shall be rendered in lower case letters.
- The parts and sections of law shall be marked by Roman numerals in turn. Chapters shall be marked by numerals expressed in words. Articles shall be marked by Arabic figures and enumerated in turn. A dot shall be placed after the word "article" and the name of the article shall be written on the same line.
- The article of a law is composed of paragraphs and items of the paragraphs. The paragraphs of articles of a law shall be started from a new line. The items of paragraphs of the article shall be marked by Arabic figures with a round bracket.
- Superscripts shall be marked in additional Arabic figures, written at the top right-hand corner of the main mark, which marks the sequence of the paragraph of the act's text.
- According to the character, contents and volume of a law, it may include not all of the constituent parts.
- A law may have a preamble, tables, schedules, tariffs, schemes, lists, as well as the other appendices.
- At the beginning of a law the purpose and other general provisions of this act are usually indicated.
- At the end of a law the procedure of its enforcement, as well as the other laws which cease to be in force are usually indicated. Article
- Form and Structure of Other Legal Acts
- The institutions which adopt legal acts shall draft them in accordance with the provisions of Articles 6 and 11 of this Law.
- The Resolutions of the Seimas, as well as the Decrees of the President of the Republic shall be composed of articles, paragraphs thereof and items. Articles without names shall be marked by Arabic figures and shall be numerated in turn. The word "article" shall be set after the numeral with a dot, the text of the article shall be started from a new line. The paragraphs of the article shall be marked by Arabic figures in turn. The items of paragraphs of the articles shall be marked by Arabic figures with a round bracket. The legal acts which are approved by Resolutions of the Seimas and Decrees of the President shall have paragraphs and subparagraphs. Their paragraphs shall be marked by Arabic figures with a dot, while the subparagraphs are marked by an Arabic figure with a round bracket.
- The legal acts of the Government and of other institutions are composed of items, their paragraphs and sub-items. The items shall be marked by Arabic figures and are numerated in turn. A dot shall be placed after the figure. The sub-items shall not be numerated. The sub-items shall be marked by Arabic figures and shall have an initial numeral of an item and their turn number. Dots shall be put between the item and sub-item and after the numeral of the sub-item. The separately numerated sub-items may be called items. The numeration of all items of the legal act shall be continuous.
- A legal act of larger volume can be divided into sections and chapters. Sections and chapters shall be marked by Roman numerals in turn. Article
- Requirements of Contents of the Legal Act
- Contents of the legal act shall correspond with its purpose.
- Contents of the legal act must be logical, concise and clear.
- The text must not include unimportant or irregular words, word combinations, remarks and ambiguities. The text of an article shall not be repeated in other articles. The abbreviations of words are inadmissible excepting in cases when there is a reference to a publication in which this act is published officially. A name used for the first time shall not be abbreviated. Article
- Requirements of Legal Act by which Another Legal Act is Modified or Amended
- Upon the modification of a legal act, if an article, its paragraph or item is modified in essence, this essence of modification shall be set forth and the new wording of the article-under-modification, its paragraph or item be presented. In a case where a legal act shall be amended by a new article (paragraph or item thereof), the essence of the amendment shall be set forth and the wording of the new article ( paragraph or item thereof) be presented. Upon the modification of a legal act which article paragraph or item thereof) requires to cross out words (numbers), to inscribe new words (numbers), to inscribe words (numbers) instead of other words (numbers), while defining the essence of modifications the article-under-modification (its paragraph or item) shall be specified, which words (numbers) are to be crossed out, after which words (numbers) or instead of which words (numbers) the new words (numbers) are to be inscribed and the new wording of the article (paragraph or item thereof) shall be set forth. If an article, paragraph or item thereof is recognised as invalid, the article (paragraph or item thereof) shall be indicated.
- If in the legal act-under-modification more than one half of its articles are being modified or have been modified, the legal act-under-modification usually shall be set forth in new wording or a new legal act is to be drafted.
- Only one law shall be usually modified by one law. If a law-under-modification or amendment is related to modifications of other laws, they may be modified or amended by one law. In this case the law shall be divided into chapters and articles. The articles in each chapter shall be numerated anew.
- At the beginning of the law, which modifies, amends or recognises the other law as invalid, after the reference to the place of adoption of the law, the official source of publication of the other law which modifies, amends or recognises it as invalid, as well as the official sources of publication of laws which modified or amended the corresponding articles of the law, its paragraphs or items, shall be indicated (by a separate line in brackets). In a case where one law modifies several laws (their articles, paragraphs or items) the official publication sources shall be indicated after the name of the chapter of the modifying law.
- Upon the modification or amendment of laws, adopted prior to the enforcement of the law on drafting of the procedure of laws and other regulatory enactments of the Republic of Lithuania their form and structure shall not be modified. ARTICLE
- Language of a Legal Act Legal acts shall be worked out according to the principles of common Lithuanian language and legal terminology. International words shall be used only when no equivalents can be found in the Lithuanian language. Article
- Coming into Force of this Law This Law shall come into force from January 1,
- I promulgate this Law passed by the Seimas of the Republic of Lithuania PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS `