Įstatymas skelbtas: ˇin Official translation REPUBLIC OF LITHUANIA LAW ON THE ORGANISATION OF THE NATIONAL DEFENCE SYSTEM AND MILITARY SERVICE 5 May 1998 No VIII-723 (As last amended on 10 March 2009

Article 38

of this Law), terminate a contract on professional military service upon giving a notice to the serviceman at least two months in advance or without giving the notice, but subject to payment to the serviceman an additional compensation specified in paragraph 3 of Article

2. A contract on professional military service may not be terminated and a serviceman man not be dismissed from military service in the cases specified in subparagraphs 1, 2, 5, 6 and 12 of paragraph 2 of Article 38 during his illness (temporary incapacity for work), provided the period of illness does not exceed four months.
3. In the cases provided for in subparagraphs 1, 2, 3, 4, 7, 8, and 9 of paragraph 1 and subparagraphs 3, 7, 8, and 13 of paragraph 2 of Article 38 of his Law, a contract on professional military service may be terminated and a serviceman may be dismissed from military service also during the period of his illness (temporary incapacity for work).
4. Where a decision is adopted to terminate a contract on professional military service in the cases provided in subparagraphs 5 and 6 of paragraph 1 and subparagraphs 4, 5, 6, 9, 10, 11 and 12 of paragraph 2 of Article 38 and paragraph 1 of Article 37 of this Law, and a serviceman becomes sick prior to the planned day of dismissal from military service, he may be dismissed also during the period of his illness. In this case, the day of his dismissal from military service shall be postponed until a day following the last day of illness, but not more than for 60 days. Article
5. Severance Pay upon Dismissal of a Serviceman from Service
6. When a contract on professional military service is terminated at the initiative or by the will of the leadership not through the fault of a serviceman (subparagraphs 1, 2, 5, 6,

Article 38

of this Law), when a professional military serviceman attains the age for transfer to the reserve as specified by this Law (subparagraph 7 of paragraph 1 of Article 38 of this Law), also when the term of validity of a fixed-term contract on professional military service expires and the serviceman to be transferred to the reserve is not entitled to a serviceman’s state pension, he shall receive a severance pay. The amount of the severance pay shall depend upon the length of the serviceman’s service in the national defence system: 1) up to 5 years of service – in the amount of one month’s basic pay; 2) more than 5 years of service – in the amount of two months’ basic pay; 3) more than 10 years of service – in the amount of three months’ basic pay; 4) more than 15 years of service – in the amount of four months’ basic pay. 2. When a contract on professional military service is terminated at the initiative or by the will of the leadership not through the fault of a serviceman (subparagraphs 1, 2, 5, 6,

Article 38

of this Law), but the serviceman to be transferred to the reserve is entitled to a serviceman’s state pension, a severance pay in the amount of two months’ basic pay shall be paid to him regardless of the length of service in the national defence system. 3. All servicemen whose contract on professional military service is terminated not through their fault (subparagraphs 1, 2, 5, 6,

Article 38

of this Law) and who do not receive a prior notice thereof shall be paid an additional compensation in the amount of one month’s basic pay, and a serviceman raising a child or children under the age of 14 years shall be pay an additional compensation in the amount of two months’ basic pay.

1. In calculating the allowances indicated in paragraphs 1-2 of this Article, only the actual time of service in the national defence system, without any credits, shall be taken into account. Article
2. Adjustment of Servicemen’s Ranks and Positions
3. The Minister of National Defence shall, taking into account recommendations of the Commander of the Armed Forces, establish lists of positions (staff) of structural elements and the military ranks which servicemen need to hold to be appointed to the appropriate positions specified in the lists of positions.
4. Servicemen shall be appointed to a position commensurate with their rank. In specific cases and under the specific conditions specified by the Minister of National Defence, an officer may be appointed to a position requiring the next higher rank of an officer. When there are no available positions requiring an appropriate rank, the Minister of National Defence may, subject to a written consent of the officer, appoint him to a position requiring the next lower rank for a period of up to one year.
5. Civilians, including reserve servicemen, may not be appointed to a position requiring a serviceman as specified in lists of positions. Article
6. Transfer of a Serviceman in Professional Military Service to Another Place of Service, Another Position or the Temporary Reserve
7. A serviceman in professional military service may be transferred to another position, another unit, combined unit or location or to the temporary reserve of the personnel of professional military service by a decision of the Minister of National Defence or his authorised commander. A serviceman is rotated to another position in accordance with the procedure laid down by the Minister of National Defence.
8. A serviceman in professional military service may be transferred to the temporary reserve of the personnel of professional military service in the following cases: 1) in the case of rotation, when transferring to another position – until transferred to another position, but for a period not exceeding two months; 2) in the case specified in paragraph 5 of this Article – for a period of employment at another state institution, but not later than attaining by the serviceman of the age of transfer to the reserve as specified in Article 45 of this Law; 3) in the case specified in paragraph 6 of this Article – during an illness or until the day of dismissal from service in the cases specified in this Law; 4) upon removing the serviceman from office – for a period specified in Article 43 of this Law; 5) where a court reinstates the serviceman in professional military service – until the serviceman is appointed to a position, but for a period not exceeding two months; 6) in the case provided for in paragraph 3 of Article 49 of this Law – for a period of a traineeship or studies; 7) upon the serviceman’s return from the traineeship or studies indicated in paragraph 3 of Article 49 of this Law or from the position (service) indicated in paragraphs 3 and 5 of this Article – until he is appointed to another position, but for a period not exceeding one month; 8) in the case specified in paragraph 9 of Article 59 of this Law – for a period of a parental leave; 9) where the spouse of a serviceman appointed to a position (service) indicated in paragraph 3 of this Article or of a civil servant transferred to another position at Lithuanian diplomatic missions, consular posts and missions to international organisations, also to a position at international or foreign institutions, EU institutions or agencies is accompanying the spouse to his place of service – for a period specified by the Minister of National Defence, disregarding the procedure for fulfilling professional military service and the conditions of supply of servicemen as laid down by this Law.
9. A serviceman may, by an order of the Minister of National Defence and in accordance with the procedure laid down by the Government, be appointed for a period not exceeding 3 years to fulfil military service as a military representative, deputy or assistant thereof at a mission of the Republic of Lithuania to an international organisation or as a special attaché, deputy or assistant thereof at a diplomatic mission of the Republic of Lithuania or to fulfil military service at a military or defence institution of a foreign state or an international military or defence institution. The serviceman may be appointed to a position at a mission of the Republic of Lithuania to an international organisation or at a diplomatic mission of the Republic of Lithuania only subject to approval of the Minister of Foreign Affairs. The serviceman may be appointed to the position of a military representative at a mission of the Republic of Lithuania to an international organisation or of a special attaché at a diplomatic mission of the Republic of Lithuania only subject to approval of the Seimas Committee on National Security and Defence.
10. Where an officer in professional military service is appointed, on the recommendation of the Minister of National Defence, as the Commander of the Riflemen Union, first deputy or deputy thereof, he may fulfil professional military service in this Union for a period not exceeding three years.
11. The Minister of National Defence may, at the request of a state institution outside the national defence system and where it is necessary to perform the functions requiring a military qualification, assign an officer in professional military service to this institution for a period not exceeding three years disregarding the procedure for fulfilling professional military service and the conditions of supply of servicemen. Upon the expiry of this term, the Minister of National Defence may, at the request of the appropriate state institution, assign the serviceman to continue working at this institution, but for a period not exceeding two years.
12. Where a serviceman is on a sickness leave for more than 60 days, he may be dismissed from a position held by him prior to going on the sickness leave and transferred to the temporary reserve of the personnel of professional military service without a change in pay for the duration of the sickness leave.
13. The regulations of the temporary reserve of the personnel of professional military service shall be approved by the Minister of National Defence.
14. Where a serviceman is deprived of the right to access classified information and use it and cannot perform the duties relating to the use of such information, he may be transferred to another position not relating to the use of such information, provided such a position exists. Where no position not relating to the use of classified information appears until the expiry of the term for transfer to the temporary reserve of the personnel of professional military service as provided for in subparagraph 1 of paragraph 2 of this Article, the serviceman shall be dismissed from professional military service. Article
15. Removal of a Serviceman in Professional Military Service from Office Where a serviceman in professional military service violates, or is suspected of having violated, the procedure of service or discipline, provisions of the Code of an Officer’s Ethics or the circumstances arise contravening the interests of service, he may be removed from office by an order of a higher commander (superior officer). The serviceman removed from office may be transferred to the temporary reserve of the personnel of professional military service until a decision is adopted regarding continuation of this serviceman’s service. In this case, the serviceman may be transferred to the temporary reserve for a period not exceeding one month, and where investigation of the violation or other circumstances related to service requires additional time – until completion of the investigation and for a period of two weeks following it. Article
16. Recovery of a Serviceman’s Education and Training Expenses
17. Where a cadet is expelled from a Lithuanian military training establishment or from a foreign military training establishment to which he was assigned by the Ministry of National Defence or refuses to conclude a contract on professional military service, his training expenses as calculated in accordance with the procedure laid down by the Government or an institution authorised by it shall be recovered from him in accordance with the procedure laid down by the law.
18. A serviceman whose contract on professional military service is terminated at his initiative prior to expiry of its term of validity or a serviceman whose contract on professional military service is terminated in the cases provided for in subparagraphs 1, 2, 3, 5, 6 and 8 of paragraph 1 and in subparagraphs 3, 4, 7, 8, 9, 10 and 11 of paragraph 2 of Article 38 may be subject to recovery of the expenses of the national defence system directly relating to his education and training, professional training or improvement of qualifications in accordance with the procedure laid down by the law.
19. The expenses indicated in paragraph 2 of this Article, with the exception of the expenses relating to an officer’s training at a military school, may be recovered only for a period of the last three years in respect of a serviceman in professional military service and only for a period of one year in respect of a volunteer serviceman. The rules for calculating the expenses to be recovered shall be approved by the Government or an institution authorised by it.
20. The expenses indicated in paragraph 2 of this Article shall not be recovered where a serviceman terminates a contract on professional military service with the approval of the Minister of National Defence prior to expiry of its term of validity for the recognised valid reasons which are beyond the serviceman’s control and which cannot be eliminated.
21. When terminating a contract on p