Įstatymas skelbtas: ˇin

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 – No XI-188) Vilnius CHAPTER ONE GENERAL PROVISIONS Article 1. Purpose of the Law This law shall establish the basic principles of organisation, management and control of the national defence system, the procedure for fulfilling military service and provision of servicemen, also specific features of civilian service within the national defence system. Article 2. Definitions 1. National defence system shall mean a part of the national security system of the Republic of Lithuania comprising the body of the state institutions whose purpose is to protect and defend the sovereignty of the State, its territorial inviolability and integrity, perform the international defence and military co-operation obligations assumed by Lithuania, other functions relating to national defence, also the enterprises and agencies set up by these institutions as well as the military territories and other objects of infrastructure used for the needs of national defence. 2. Lithuanian Army (hereinafter referred to as the “Army”) shall mean the institution of the armed defence of the State – the principal part of the national defence system safeguarding the sovereignty of the State and the inviolability of its territory and air space, defending the State by arms against aggression or another armed attack, and performing military tasks in compliance with the international obligations assumed by the Republic of Lithuania. 3. Military element shall mean each element of the Army of an approved structure which is of any size and which has been assigned a common task. 4. Unit shall mean a battalion or a military element equivalent thereto (consisting of at least two companies) of the Army of an approved permanent structure. 5. Combined unit shall mean several units or other structural military elements which have been given a joint operational purpose or task and are under a single command. 6. Active military reserve (hereinafter referred to as the “active reserve”) shall mean the reserve servicemen entered into the active reserve record file of the reserve personnel of the Army and performing military tasks on a periodical basis as well as participating in military exercises or trainings in accordance with the procedure laid down by legal acts. 7. Operational command shall mean exercise of the right delegated to a commander to organise the forces assigned to him and be in command of actions of these forces through commanders of military elements in a manner deemed by him to be necessary for the forces to accomplish an assigned mission or task. The concept of operational command shall not include responsibility for the training, administration, internal organisation, discipline and logistics of the military elements. 8. Military territory shall mean a territory (field territory, building or premises) controlled or used by institutions of the national defence system; another fenced territory or a territory marked in a comprehensible manner that is attributed to and/or used for the needs of the institutions of the national defence system, also a location marked in a comprehensible manner where the Army carries out military training and exercises, defusing of explosives, rescue or other works for the needs of security and defence of the State during these exercises, training or works. 9. Military operation shall mean the military actions carried out in performing strategic, tactical or administrative military tasks (missions) and training. 10. NATO standards shall mean the body of the general principles, regulatory documents and standards regulating the activities of military and other defence structures of NATO Member Countries, also other related institutions. 11. Active military service shall mean the mandatory military service of citizens of the Republic of Lithuania, professional military service, national defence volunteer military service, also service by cadets. 12. Mandatory military service shall mean the obligatory military service which has been established by the Constitution of the Republic of Lithuania for a citizen of the Republic of Lithuania and which shall be fulfilled in accordance with the procedure laid down by the law. It shall consist of initial military service of the duration specified by the law fulfilled on a continuous basis or otherwise, a non-continuous service in the active reserve as well as service in the event of mobilisation. 13. Professional military service shall mean a continuous military service to fulfil which a citizen of the Republic of Lithuania has voluntarily committed himself under a professional military service contract and which is fulfilled in the Army or at other institutions of the national defence system under the conditions and in accordance with the procedure laid down by legal acts, also in the cases specified by this Law at other state, foreign state or international institutions. 14. Volunteer military service shall mean a non-continuous military service in the National Defence Volunteer Forces to fulfil which citizens of the Republic of Lithuania voluntarily commit themselves (under a written contract with the Ministry of National Defence) and which is fulfilled under the conditions and in accordance with the procedure laid down by legal acts. 15. Service in the active reserve shall mean a non-continuous military service of reserve servicemen to fulfil which they have voluntarily committed themselves or which is mandatory in accordance with the procedure laid down by legal acts. 16. Serviceman shall mean a citizen of the Republic of Lithuania fulfilling active military service. 17. Volunteer serviceman shall mean a citizen of the Republic of Lithuania who has entered into a non-continuous (non-permanent) volunteer military service in the National Defence Volunteer Forces. 18. Reserve serviceman shall mean a citizen of the Republic of Lithuania who has been entered into the record file of the reserve personnel of the Army (active or individual reserve) in accordance with the procedure laid down by legal acts and who has acquired a required basic military training. 19. Civilian national defence service shall mean a statutory civil service to fulfil which a citizen of the Republic of Lithuania has voluntarily committed himself basis under a civilian national defence service contract and which shall be fulfilled under the conditions and in accordance with the procedure laid down by legal acts. 20. Cadet shall mean a serviceman fulfilling military service while studying at a Lithuanian or foreign military training establishment whose graduates receive the rank of an officer. Cadet service shall last until a cadet joins professional military service or is transferred to the reserve or is dismissed or expelled therefrom in accordance with the procedure laid down by legal acts or by the military training establishment. 21. Individual reserve shall mean the reserve servicemen who have been entered into the individual reserve record file of the reserve personnel of the Army and who are incapable of serving or have been exempted from the obligation to serve in the active service due to age or for other reasons and who may be drafted into mandatory military service only in the event of mobilisation. 22. Retirement shall mean the dismissal of a serviceman from professional or volunteer military service when he is not entered into the record file of the reserve personnel of the Army due to age or health condition or the striking off of a reserve serviceman from the record file of the reserve personnel of the Army due to age or health condition. 23. Temporary personnel reserve of professional military service shall mean a category of the professional military servicemen to which the professional military service who are temporarily not carrying out their regular duties are transferred. 24. Draftee shall mean a military conscript who has not fulfilled initial mandatory or alternative service until the specified age in accordance with the procedure and methods established by the Law on Military Conscription nor has been released from it. During a period of time from assignment of a draft commission to fulfil mandatory military service until gaining of a serviceman’s status, a draftee shall be referred to as a recruit. 25. Re-enlistee shall mean a citizen of the Republic of Lithuania who enters professional military service within 60 days after completing his initial mandatory military service. 26. Military representative shall mean a permanent representative of the commander of the Lithuanian armed forces at an international organisation. A military representative may have deputies and assistants. 27. Military standardisation shall mean the introduction of the NATO standards established by international treaties and agreements of NATO Member Countries and decisions of NATO institutions regulating defence planning, organisation and carrying out of military operations, arms and ammunition, information and communications systems, other technical means, maps and documentation as well as other technical issues relating to national defence. The procedure of military standardisation shall be set forth by the Government or an institution authorised by it. Article 3. National Defence System 1. The national defence system shall consist of: 1) the Ministry of National Defence – the leading institution of the national defence system; 2) the Army, and upon introduction of martial law or in the event of an armed defence against aggression (in wartime) – also other armed forces: the State Border Guard Service, a public security unit (service) of the police, combat platoons of the Riflemen’s Union and other combat (partisan) elements of the armed resistance of citizens and their organisations subordinate to the command of the armed forces; 3) the General Jonas Žemaitis Military Academy of Lithuania, the Non-Commissioned Officers’ School and other military training establishments; 4) intelligence and counterintelligence service (the Second Investigation Department under the Ministry of National Defence), the institutions of military conscription and mobilisation as well as other institutions subordinate to the Minister of National Defence; 5) the military territories intended for the needs of national defence and other infrastructure facilities; 6) the enterprises and establishments the founder of which is the Ministry of National Defence or other institutions of the national defence system. 2. Lithuania’s national defence system shall be developed as a part of the transatlantic collective defence system. To this end: 1) institutions of the national defence system shall co-operate with appropriate institutions of NATO and the European Union and institutions of other NATO Member Countries and the European Union Member States in planning common defence, international military operations (hereinafter referred to as “international operations”) and carrying them out; 2) the Army and other institutions of the national defence system shall be developed in line with NATO standards with a view to ensuring their efficient interoperability with institutions of NATO and the European Union and the armed forces of other NATO Member Countries and the European Union Member States; 3) servicemen shall be trained for participation in collective defence, crisis response and other international operations; 4) the Lithuanian military and civil air surveillance, control and defence system shall be developed as a part of the NATO integrated air surveillance, control and defence system; 5) in ensuring the protection of classified information, NATO and EU standards for the protection of classified information shall be applied; 6) military standardisation shall be conducted; 7) other instruments of NATO membership and participation in the common defence policy of the European Union shall be implemented, also implementation of instruments of NATO membership and participation in the common defence policy of the European Union shall be ensured in accordance with the procedure laid down by the law. 3. In accordance with the procedure laid by legal acts, institutions of the national defence system shall control and/or use military territories for the performance of their functions and tasks. Commanders (superior military officers) of institutions of the national defence system and military elements and other officials shall be responsible for compliance with laws and other legal acts within the military territories controlled or used by them. Within military territories, officials of civilian institutions may perform their functions only in the cases stipulated by the Government and only with the participation of the officers of the national defence system holding control rights within an appropriate military territory. The control regime and internal procedures of military territories shall be established, within the sphere of their competence, by the Minister of National Defence, the Commander of the Armed Forces or duly authorised commanders (superior military officers) of units, other military elements, services or other institutions of national defence. 4. Military chaplains shall be a part of the system of national defence. The conditions and procedure governing their activities shall, within the sphere of his competence, be established by the Minister of National Defence in co-ordination with heads of appropriate officially recognised traditional Lithuanian churches which appoint chaplains. Article 4. Legal Grounds for the Activity of Institutions of the National Defence System In their activities, institutions of the national defence system will be governed by the Constitution of the Republic of Lithuania, laws and other legal acts passed by the Seimas, decrees of the President of the Republic, resolutions of the Government, orders of the Minister of National Defence, and treaties of the Republic of Lithuania. Article 5. International Co-operation of Institutions of the National Defence System 1. Institutions of the national defence system shall, within the sphere of their competence, co-operate with appropriate institutions of NATO and the European Union and other institutions of NATO Member Countries and the European Union Member States: 1) in training the Army and other institutions of the national defence system; 2) in preparing servicemen and civilian statutory civil servants for participation in international operations; 3) in exchanging the information required for the performance of their functions and ensuring the protection of classified information; 4) in conducting military standardisation; 5) in training servicemen, civil servants of the national defence system and the employees working under employment contracts; 6) in acquiring and improving arms, ammunition and other equipment; 7) in ensuring, in accordance with the procedure laid down by laws and other legal acts, the military protection of the territory of the State, surveillance and control of the exclusive economic zone and continental shelf, also responding to violations of the sovereignty of the State on land, in the airspace and in the territorial sea; 8) in other areas of defence and development of the national defence system. 2. Institutions of the national defence system shall, within the sphere of their competence, also co-operate with appropriate institutions of the states seeking NATO membership and other states and international institutions. 3. Military elements of the Republic of Lithuania, servicemen and civilian servants of the national defence system shall, in accordance with the procedure laid down by laws and other legal acts, participate in international operations, exercises and other events of military co-operation, also military elements, servicemen and civilian servants assigned to the armed forces of foreign states shall participate in international operations, exercises and other international events of military co-operation in the territory of the Republic of Lithuania. CHAPTER TWO BASICS OF THE ORGANISATION AND MANAGEMENT OF THE NATIONAL DEFENCE SYSTEM Article 6. Principles of the System of National Defence 1. The national defence system shall be developed in accordance with provisions of the Constitution of the Republic of Lithuania and the Republic of Lithuania Law on Basics of National Security. 2. The principle of democratic civilian control shall apply to institutions of the national defence system. Article 7. Democratic Civilian Control of the Army 1. The development of the Army and the appropriations intended for the procurement of weapons and for other needs shall be determined by the Seimas. The Seimas shall, in accordance with the procedure laid down by the law, exercise parliamentary scrutiny of the national defence system. 2. The national defence policy and the appropriations for defence as approved by the Seimas shall be made public. 3. Decisions regarding mobilisation, declaration of martial law, deployment of the armed forces and defence against an armed aggression shall be taken by the President of the Republic and the Seimas, in accordance with the procedure established by the Constitution of the Republic of Lithuania and laws. 4. Decisions on the supply of the Army, procurement of arms and development of the material resources of the national defence system shall, in accordance with the long-term programme for development of the national defence system as approved by the Seimas of the Republic of Lithuania, be taken by the Government or an institution authorised by it. 5. The Government, the Minister of National Defence, and the Commander of the Armed Forces shall be accountable to the Seimas for the management and command of the armed forces. 6. Only civilians may be appointed the Minister of National Defence, the Vice Minister of National Defence and the Secretary General of the Ministry. 7. Deployment locations of the Army in peacetime and territorial boundaries for manoeuvring as well as decisions on redeployment of military units shall be approved solely by a decree of the President of the Republic. 8. A military element of the size not smaller than a unit may move in peacetime outside the territorial boundaries for manoeuvring as approved for it only subject to an order of the Minister of National Defence co-ordinated with the President of the Republic. Article 8. Funding, Control of Activities of the National Defence System and Restrictions on the Conclusion of Transactions by Legal Entities Thereof 1. Institutions of the national defence system shall be funded from the State budget. Foreign credits and assistance may also be used for the development of the national defence system in accordance with the established procedure. 2. The Minister of National Defence shall be the chief manager of the appropriations allocated to the national defence system. The financial activity and budgets of institutions of the national defence system shall be controlled in accordance with the procedure laid down by the law. 3. Conclusion of transactions by the Army and other legal entities of the national defence system, with the exception of the Ministry of National Defence, may be subject to the restrictions set by the Minister of National Defence. Article 9. Ministry of National Defence 1. Regulations of the Ministry of National Defence shall be approved by the Government. 2. The Ministry of National Defence shall be headed by a minister. On the basis of the Law on the Government, this Law and other legal acts, the Minister shall establish the sphere of competence and functions of the Vice Ministers, the Secretary General of the Ministry and the Chief of Defence Staff. 3. The principal tasks of the Ministry of National Defence shall be: 1) to carry out strategic planning of the national defence system, develop the national defence system and the defence capability of the Army, prepare the Army and other institutions of the national defence system for defence of the state of Lithuania and common defence of NATO Member Countries and for performance of other NATO tasks, for the implementation of the common defence policy of the European Union and other international commitments; 2) to ensure performance of the functions of state defence as well as military and other functions of national defence in peacetime and in war; 3) to administer, in the fields of ensuring national security as specified by laws and in accordance with the procedure laid down by legal acts, the activities of intelligence and counterintelligence institutions of the national defence system; 4) to administer the international co-operation of institutions of the national defence system, ensure, within the sphere of its competence, the implementation of treaties and agreements, development and implementation of international co-operation plans and programmes; 5) to administer, in accordance with the procedure laid down by laws and other legal acts, the personnel of the national defence system, military service and mobilisation; 6) to administer provision of publicly available information about the national defence system, co-operation of the Army with civilian institutions, the Riflemen’s Union, and other associations and public establishments directly contributing to the consolidation of the national defence system, and to preparation of the public for defence; 7) to administer, in accordance with the procedure laid down by legal acts, military standardisation; 8) to perform the functions of the Minister of National Defence as established by this law and any other laws and resolutions of the Government. 4. The Ministry of National Defence shall have the right: 1) to establish an arsenal, an institute for military technologies, and enterprises for the repair of weapons and military equipment; 2) to establish a military archive; 3) to have military medical and health care institutions; 4) to have intelligence and counterintelligence operational services; 5) to establish cultural and recreational facilities for servicemen – officers’ clubs and sports clubs; 6) to establish the means of provision of information to the public or their editor’s offices; 7) to maintain own housing stock and rent houses and apartments in order to provide servicemen with official accommodation; 8) to receive foreign assistance items for the national defence system and bring them across the State border; 9) to acquire and bring across the State border the weapons, firearms, explosives, special means, military equipment and other goods relating to arms and required by the national defence system. 5. In administering the personnel of the national defence system, the Ministry of National Defence may assign candidates to study at foreign military and other training establishments. The conditions of and procedure for selecting the candidates shall be established by the Minister of National Defence. Article 10. Rights, Duties and Responsibility of the Minister of National Defence 1. The Minister of National Defence shall be in charge of activities of the Ministry of National Defence and the entire national defence system. He shall be responsible for implementation of the defence policy, performance of the tasks and functions assigned to the national defence system, development of the national defence system and efficient use of the resources allocated to it. 2. The Minister of National Defence shall: 1) be in charge of implementation of the defence policy, development of the national defence system and its capabilities, international defence and military co-operation, also represent the Republic of Lithuania, within the sphere of competence specified by laws and other legal acts, at the institutions of NATO, the European Union and other international defence institutions; 2) approve regulations of institutions of the national defence system (with the exception of the cases specified by legal acts) and a list of military specialities, also determine the structure and lists of positions of institutions of the national defence system and their subdivisions; 3) establish the policy of recruitment, training and management of the personnel of the national defence system and other internal administration areas of the national defence system; 4) establish the resource policy and the procedure for efficiently using and controlling them; 5) set forth requirements for the protection of activities and internal security of the national defence system and establish the procedure for implementing them; 6) lay down the procedure for accumulating, processing and providing data of the Second Investigation Department under the Ministry of National Defence; 7) submit to the President of the Republic for approval the permanent deployment locations of military units, also submit to the President of the Republic, in conjunction with the Minister of Foreign Affairs, proposals regarding participation of military elements of the Republic of Lithuania in international operations and participation of military elements of other states in international operations in the territory of the Republic of Lithuania;  8) draft and submit to the State Defence Council for consideration and, upon obtaining its approval and recommendation, approve the military strategy of the State; 9) submit to the State Defence Council for consideration and, upon obtaining its approval and authorised by the Government, submit to the Seimas for approval the coming year’s principal structure of the Army (the number of permanent combined units and units, the total limit number of servicemen, the limit numbers of servicemen in professional and mandatory military service, volunteer servicemen and other servicemen of the active reserve, cadets, senior officers of each rank and generals as well as admirals), the limit number of the statutory civil servants fulfilling civilian national defence service, also guidelines for planning of the principal structure of the Army for a period of six years; 10) lay down the system of and procedure for selecting servicemen and appointing commanders; 11) establish a system of selection of servicemen for promotion; award to the servicemen higher ranks, with the exception of the initial rank of an officer and the ranks higher than that of a lieutenant colonel (commander); 12) submit to the President of the Republic proposals for awarding to servicemen of the ranks of a colonel (navy captain) and general (admiral) and, in accordance with Article 85 of the Constitution of the Republic of Lithuania, co-sign acts-decrees of the President of the Republic on the awarding of the highest military ranks; 13) submit to the President of the Republic proposals for granting state awards to servicemen, the persons held equivalent to them by law and other persons who have distinguished themselves in national defence; 14) submit to the President of the Republic the candidate for the Commander of the Field Forces, also submit proposals regarding candidates for the Commander of the Armed Forces; 15) appoint and dismiss the Inspector General of National Defence, the Head of the Military Academy of Lithuania, the Chief of Defence Staff, the Commander of Volunteer Forces, commanders of regular forces, commanders of military districts, heads of the Non-Commissioned Officers’ School and other military training establishments, and designate their rights and duties in accordance with the powers and within the sphere of competence granted by the law; 16) appoint servicemen to the office of the commander of a battalion and higher-level positions, also to the positions corresponding to the rank of a lieutenant colonel (commander) and colonel (navy captain), dismiss them from the office or transfer them from one institution of the national defence system (military unit) to another; where necessary, delegate servicemen to serve at the institutions not subordinate to the Ministry of National Defence; 17) admit servicemen to professional military service and transfer them to the reserve; 18) lay down the procedure for transferring servicemen in professional military service to the temporary reserve of professional military service and approve regulations of this reserve; 19) be a founder of medals of the national defence system and badges of qualification and distinction and lay down the procedure for awarding them; 20) exercise other powers granted to him by laws, the Government and the Prime Minister. 3. The Minister of National Defence shall assign tasks and issue orders as well as other legal acts approved by the orders to all institutions of the national defence system. 4. By his orders, the Minister of National Defence may delegate a part of the rights, duties and responsibilities provided for in this Law to the Vice Ministers, the Secretary General of the Ministry, the Commander of the Armed Forces, other commanders and heads of institutions and divisions of the national defence system by laying down the terms of, formalities of and the procedure for exercising the rights delegated by him and taking of decisions. 5. The rights of the Minister of National Defence as to a member of the Government may not be delegated. In the absence of the Minister of National Defence, his rights as a member of the Government may be exercised only by another minister appointed as acting Minister of National Defence. 6. The Minister of National Defence shall have the right to establish advisory institutions. CHAPTER THREE LITHUANIAN ARMY Article 11. Status and Structure of the Army 1. The founder of the Lithuanian Army shall be the Republic of Lithuania. The founder’s rights shall be exercised by the Ministry of National Defence in compliance with this Law and other laws. 2. The Lithuanian Army shall be a single institution having the status of a public legal entity. The rights and duties of the Army as a public legal entity shall be exercised by the Commander of the Armed Forces. Units, combined units or other military elements of the Army shall not have the status of a separate legal entity. The units, combined units, services or other military elements of the Army may be delegated the rights and duties of the Army as a public legal entity as are required for implementation of the activities assigned to their sphere of competence. In exercising these rights and duties, the units, combined units, services or other military elements of the Army shall represent the Army and act on its behalf. The Lithuanian Army shall have its flag, which shall, on the recommendation of the Minister of National Defence, be approved by the President of the Republic. Flags of types of the forces, combined units, units, other independent military elements of the Army shall be approved and granted to the military elements by the Minister of National Defence. 3. The sphere of competence of units, combined units, services or other military elements of the Army and commanders thereof and the procedure for representing the Army when entering into transactions and in other civil legal relationships shall be established by the Minister of National Defence on the recommendation of the Commander of the Armed Forces. 4. The Lithuanian Army shall consist of: 1) regular forces; 2) volunteer forces; 3) the active reserve. 5. The regular forces shall consist of: 1) land force; 2) military air force; 3) military naval force. 6.  The principal combat element of the land and volunteer forces shall be a battalion. 7. The detailed structure of the Army shall be determined and combined units and units of the Army shall be established, reorganised or liquidated by the Minister of National Defence in compliance with the principal structure of the Army as approved by the Seimas. 8. Field forces shall be formed to carry out military operations. They shall consist of military and other elements of the land and other forces assigned by the Commander of the Armed Forces to the operational command of the Commander of the Field Forces. 9. Permanent combined units and other specialised military elements may be formed for the performance of special military functions and tasks. Article 12. Tasks of the Army 1. The principal tasks of the Army in peacetime shall be: 1) to guard the territory of the State (including surveillance, control and defence of the airspace and the territorial sea) and military territories, also conduct surveillance of and control the exclusive economic zone and a continental shelf in co-operation with other state institutions; 2) to maintain combat readiness, prepare for international operations and participate therein; 3) in the cases specified by the law, provide assistance to other state and municipal institutions. 2. The principal task of the Army in the event of an armed defence against an aggression (in wartime) shall be to organise, independently and in conjunction with the armed forces of the allies, the armed defence of the State of Lithuania and other allies. 3. In implementing the task specified in subparagraph 1 of paragraph 1 of this Article, the Army shall, under international treaties of the Republic of Lithuania or international agreements of the Ministry of National Defence and in accordance with the procedure laid down by laws and other legal acts, co-operate with NATO institutions and the armed forces of other NATO Member Countries thus jointly ensuring the military protection of the territory of the Republic of Lithuania, surveillance and control of the exclusive economic zone and a continental shelf, also responding to violations of the sovereignty of the State on land, in the airspace and the territorial sea. 4. When implementing the military protection of the territory of the Republic of Lithuania, surveillance and control of the exclusive economic zone and a continental shelf, also responding to violations of the sovereignty of the Republic of Lithuania on land, in the airspace and the territorial sea in accordance with paragraph 3 of this Article, the armed forces of other NATO Member Countries may hold the same rights as are established for the Lithuanian Army by laws and other legal acts of the Republic of Lithuania. Article 13. Commander of the Armed Forces 1. The Commander of the Armed Forces shall be appointed by the President of the Republic in accordance with the procedure laid down by the Constitution of the Republic of Lithuania. The appointed Commander of the Armed Forces shall hold office for a period not exceeding five years. Upon assuming his office, the Commander of the Armed Forces shall take an oath and affix his signature to an oath form in a formal ceremony. 2. A person taking the oath shall have the right to choose one of the texts of the oath specified in this Article. The following texts of the oath of the Commander of the Armed Forces shall be specified: “ I (name and surname), having been appointed the Commander of Lithuania’s Armed Forces, without any reservations, do solemnly swear: to faithfully serve the Republic of Lithuania, to protect the integrity of its territory, to conscientiously observe the Constitution and laws of the Republic of Lithuania and duly perform my duties,             to strengthen the Lithuanian Army to the best of my ability, to defend the State of Lithuania, its freedom and independence. So help me God.”; “ I, (name and surname), having been appointed the Commander of Lithuania’s Armed Forces, without any reservations, do solemnly swear: to faithfully serve the Republic of Lithuania, to protect the integrity of its territory, to conscientiously observe the Constitution and laws of the Republic of Lithuania and perform my duties, to strengthen the Armed Forces of Lithuania to the best of my ability, to defend the State of Lithuania, its freedom and independence.” 3. (Repealed on 8 December 2005.) 4. The Commander of the Armed Forces shall be directly subordinate to the Minister of National Defence and shall carry out the established policy of development of the Army. The Commander of the Armed Forces shall be the chief military official of the State representing the Lithuanian Army on military issues. 5. In performing his duties, the Commander of the Armed Forces shall exercise the rights granted to him directly by laws and other legal acts. 6. The principal task of the Commander of the Armed Forces in peacetime shall be to appropriately train the army for the armed defence of the State by ensuring its interoperability with the armed forces of other NATO Member Countries and participation in international operations. 7. In implementing the command of the army, the Commander of the Armed Forces shall, in peacetime: 1) develop the military defence strategy of the State and be responsible for advance development of armed defence plans in the event of an unexpected attack and other contingencies; 2) specify for the Army the tasks of protection of the state territory, control and protection of the territorial sea, the economic zone and the airspace; 3) draw up plans for the development of the Army and mobilisation of the Armed Forces; 4) set forth requirement mandatory for all the Armed Forces, ways and means to ensure interoperability; 5) set forth combat readiness requirements for the border police and other police elements forming a part of the Armed Forces; 6) be responsible for the functioning of the national defence strategic command post; 7) ensure the reliable functioning of military command and control systems; 8) ensure the enforcement of laws and other legal acts, be responsible for the order and discipline in the Army; 9) ensure the protection of secrets in the Army in accordance with the requirements set forth by legal acts; 10) set forth the general requirements for military service applicable to the entire military personnel of the national defence system, which shall include all servicemen in active military service of the national defence system, with the exception of servicemen of the Second Investigation Department under the Ministry of National Defence; 11) draw up deployment plans for units of the Army; 12) be responsible for the efficient functioning of the military administration and logistics system; 13) submit proposals to the Minister of National Defence regarding improvement of military structures and functional systems (logistics, communications, etc.); 14) approve military exercise and training programs; 15) set forth military personnel recruitment, education and training as well as professional training requirements, be responsible for the training of the active military reserve and the effective functioning of the military educational establishments subordinate thereto; 16) form selection commissions for proposal of candidates for the commanders appointed by him and promotion of junior officers; 17) advise the Minister of National Defence on military matters; 18) submit to the Minister of National Defence justification of the Army’s budget needs and proposals on the distribution of funds; 19) control and be responsible for the efficient and targeted use of funds and property of the Army; 20) be in charge of the supply of the Army: distribute arms, equipment, other material resources, be responsible for the organisation of their protection and accounting as well as efficient use; 21) submit to the Minister of National Defence drafts of statutes and other legal acts; 22) in accordance with the procedure laid down by the Minister of National Defence, appoint, transfer to or dismiss servicemen from office, ranging from company commanders to deputy battalion commanders and equivalent positions, also transfer servicemen with the rank of a major or a lower rank from one combined unit to another or from one type of forces to another; 23) perform other functions specified by legal acts or assigned by the Minister of National Defence as well as the tasks assigned by him. 8. In performing the functions specified by laws and other legal acts or assigned by the Minister of National Defence, the Commander of the Armed Forces shall issue orders and mandatory instructions to the Army (the Armed Forces). 9. Upon declaration of martial law, the Commander of the Armed Forces shall, by a decree of the President of the Republic, be appointed the Commander of all the Armed Forces of the State subordinate to the civilian command of defence actions. Article 14. Command of Defence of the State and Military Operations 1. Command of defence of the State and military operations shall be exercised at three levels: strategic, operational and tactical. 2. At the strategic level, the President of the Republic, the State Defence Council, the Minister of National Defence, and the Commander of Armed Forces shall take strategic decisions on the military protection of the State, armed defence, and military operations and assign tasks to the Armed Forces to carry out defence or other military operations. 3. At the operational level, the Commander of the Field Forces shall plan military operations and exercise command thereof. For the purpose of carrying out of international operations, elements of the Lithuanian Army (Armed Forces) may, in accordance with the procedure laid down by the law, transferred under the operational command and control of institutions of other states or the United Nations, NATO or the European Union. 4. At the tactical level, military elements shall carry out actions, combat tasks shall be planned and performed, and commanders of the military elements shall exercise tactical command. 5. The civilian command of defence of the State shall comprise the President of the Republic, as the Commander-in-Chief of the Armed Forces, and the Minister of National Defence. 6. In accordance with the principle of democratic civilian control, the chain of operational command of military operations and other defence actions shall begin with the President of the Republic and normally go down to the Commander of the Armed Forces through the Minister of National Defence. The tasks assigned by the President of the Republic and the Minister of National Defence within the chain of operational command shall be implemented by orders of the Commander of the Armed Forces. 7. The Minister of National Defence must obtain a prior written consent of the President of the Republic for his travels abroad. When the President of the Republic leaves the country, the Minister of National Defence must remain in Lithuania, with the exception of the cases during peacetime when the Minister travels abroad on an official or work visit arranged in advance or to participate in international events on security and defence issues. When the President of the Republic and the Minister of National Defence are both abroad at the same time and hence cannot temporarily perform their duties in the operational chain of command of the Army, they shall be temporarily replaced respectively by the Speaker of the Seimas and another member of the Government appointed as Acting Minister of National Defence. 8. The Commander of the Field Forces shall be responsible for the operational command of the forces assigned to him and for the efficient accomplishment of military operations. 9. The Commander of the Field Forces shall determine specific combat tasks for the combined units and units under his operational command and issue orders to the elements under his operational command. 10. In peacetime, the Commander of the Field Forces shall, in accordance with the directions specified by the Commander of the Armed Forces, develop plans of exercises and military operations and be in command of the exercises. 11. The Commander of Field Forces shall be appointed by the President of the Republic on the recommendation of the Minister of National Defence. The Commander of Field Forces shall be also the Deputy Commander of the Armed Forces and the Commander of the Regular Land Force. 12. The specific functions, rights and responsibility of the Commander of the Field (Land) Forces shall be specified by the Commander of the Armed Forces subject to prior co-ordination with the Minister of National Defence. 13. In discharging his functions, the Commander of the Field Forces shall be assisted by the Field Forces (Land) Staff, which shall be directly subordinate to him and whose structure shall be established by the Minister of National Defence. 14. The Inspector General of National Defence shall control the general and combat readiness of the Army, also the preparedness of the State Border Guard Service and police forces for joint defence actions with the Army. Article 15. Defence Staff 1. The Defence Staff shall be a division of the Ministry of National Defence providing assistance in the performance of the functions of strategic command of the Armed Forces of the State. It shall assist the Minister of National Defence in drawing up plans of development of the national defence system and the military strategy of the State, and the Commander of the Armed Forces – in performing his duties and functions. 2. The Defence Staff shall draw up plans of the armed defence of the State in co-operation with other institutions of the national defence system and state institutions, which shall provide all the data necessary for these plans. 3. The Defence Staff shall be headed by the Chief of Defence Staff. He shall be directly subordinate to the Commander of the Armed Forces and accountable to the Minister of National Defence. In the field of internal administration of the Ministry of National Defence, the Chief of Defence Staff shall be accountable to the Minister of National Defence. 4. In the areas of activities specified for him by the Minister, the Chief of Defence Staff shall: 1) organise the drafting and co-ordination of the legal acts conforming to strategic goals of the Ministry and provisions of the programme of the Government; 2) organise and control execution of assignments of the Prime Minister and the Government, the Minister and the Commander of the Armed Forces; 3) co-ordinate and control the activities of the Defence Staff, the Joint Staff and staffs of the Armed Forces; 4) perform other functions assigned by the Minister or by the Commander of the Armed Forces. 5. The Chief of Defence Staff shall be appointed by the Minister of National Defence on the recommendation of the Commander of the Armed Forces. Other servicemen shall be appointed to and dismissed from positions at the Defence Staff by the Minister of National Defence. 6. In the event of absence of the Chief of Defence Staff or he is temporarily unable to perform his duties, the head of a structural subdivision of the Defence Staff shall be appointed Acting Chief of Defence Staff by an order of the Minister of National Defence. 7. The structure of the Defence Staff shall be established by the Minister of National Defence. Article 16. Purpose of the Types of Regular Forces 1. The purpose of the land force shall be the military protection and defence of the land territory of the State. 2. The purpose of the military air force shall be surveillance, control and defence of the airspace. 3. The purpose of the military naval force shall be surveillance, control and defence of the territorial sea, surveillance and control of the exclusive economic zone and a continental shelf. 4. Functions of the types of the regular forces, combined units and autonomous units shall be specified by the Minister of National Defence on the recommendation of the Commander of the Armed Forces by approving regulations thereof. In compliance with legal acts and the needs of defence and international military co-operation, specific tasks to the types of the regular forces, combined units and autonomous units shall be assigned by the Commander of the Armed Forces. Article 17. National Defence Volunteer Forces  1. The National Defence Volunteer Forces (hereinafter referred to as the “Volunteer Forces”) shall be a constituent part of the Army. 2. The Volunteer Forces shall be formed from volunteer servicemen and professional military servicemen. 3. Elements of the Volunteer Forces shall be trained for joint actions with elements of the regular forces. 4. In peacetime, the Volunteer Forces shall have the following functions: training of volunteer servicemen, preparation of elements of the Volunteer Forces for defence within their own territory and for the performance of joint defence tasks, protection of the defence infrastructure and strategic objects, assistance in the event of natural disasters and calamities. In wartime, units of the Volunteer Forces shall perform the defence tasks assigned thereto. Article 18. Assistance Rendered by the Army to Other State and Municipal Institutions 1. Military elements may be engaged in rendering assistance to other state and municipal institutions in the following cases: 1) in the event of emergencies, when the scope of an accident is expanding rapidly, for the performance of certain tasks of rescue and other urgent works in the emergency area; 2) in the event of a state of emergency, when a resolution of the Seimas or a decree of the President of the Republic regarding introduction of the state of the state of emergency indicates that the Lithuanian Army shall be used during the emergency; 3) where necessary, to reinforce the guarding of the State border; 4) when rendering assistance to the state border guard, customs, environment protection, fisheries and maritime control institutions with a view to implementing their powers in the territorial sea, exclusive economic zone and continental shelf of the Republic of Lithuania; 5) in extraordinary cases, when a threat is posed to human life and where necessary, to assist the police in carrying out urgent operations of detention of, search for or rescue of persons; 6) where necessary, to render assistance to the commander of a crisis management operation in the carrying out of an operation of response to a terrorist attack, provided capacities of other state institutions or agencies are insufficient or inappropriate; 7) where necessary, to temporarily reinforce the guarding of important state or municipal facilities or to defend them against terrorist or mass violence attacks; 8) where necessary, to assist the VIP Protection Department at the Ministry of the Interior (hereinafter referred to as the “VIP Protection Department) in ensuring the protection of protected persons, provided capacities of the VIP Protection Department and other statutory establishments of the interior are insufficient or inappropriate; 9) where necessary, to assist the institutions responsible for co-ordination of works of search for and rescue of persons as well as spill removal works, to carry out works of search for and rescue of the persons in the event of occurrence, or a threat of occurrence, of an aircraft or vessel accident, or spill removal works. 2. In the cases indicated in subparagraph 1 of paragraph 1 of this Article, military elements may be sent to assist forces of the civil protection and rescue system upon an order of the Minister of National Defence and at a written request of the head of the Government Emergency Commission or the governor of a county the territory whereof includes an emergency area or the director a relevant municipal administration. Actions of military elements and civil protection and rescue forces shall be co-ordinated according to the interoperability plans developed in advance by the Commander of the Armed Forces or the commanders of military elements authorised by him and the Director of the Fire and Rescue Department at the Ministry of the Interior or the officers of the civil protection and rescue system authorised by him. 3. In the case indicated in subparagraph 2 of paragraph 1 of this Article, military elements shall be sent to assist the institutions ensuring implementation of the Law on the State of Emergency under an order of the Minister of National Defence and upon the receipt of a written request of the head of an institution responsible for the management of emergencies. Interoperability of the military elements with other state and municipal institutions shall be co-ordinated by the head of an institution responsible for the management of emergencies. 4. In the case indicated in subparagraph 3 of paragraph 1 of this Article, military elements may be sent to assist the State Border Guard Service under an order of the Minister of National Defence and at a written request of the Minister of the Interior. Interoperability of the military elements and the State Border Guard Service or divisions thereof shall be exercised according to a state border guard protection plan approved in accordance with the procedure laid down by the Government. 5. In the case indicated in subparagraph 4 of paragraph 1 of this Article, the technical facilities of surveillance and control as well as military vessels and aircrafts assigned to the Army may be used. Such an assistance shall be rendered by the Army according to general plans of its interoperability with the state border guard, customs, environment protection, fisheries and shipping control institutions and agreements on assistance. These plans and agreements shall be developed by the Commander of the Armed Forces or commanders (superior officers) authorised by him and heads of the state border guard, customs, environment protection, fisheries and shipping control institutions or the officials authorised by them. The drawing up and implementation of general interoperability plans and agreements on assistance shall be co-ordinated by the interdepartmental Commission for the Protection and Control of the Territorial Sea, the Exclusive Economic Zone and a Continental Shelf. 6. In the cases indicated in subparagraph 5 of paragraph 1 of this Article, a military element may be used by an order of the Commander of the Armed Forces or a commander within the chain of operational command authorised by him and at a written request of the Commissioner General of the police or an officer authorised by him. An order on sending of the military element to assist the police shall be immediately notified to the Minister of National Defence, who shall have the right to repeal the order subject to co-ordination with the Minister of the Interior. The military element to be sent may render to the police only the one-time assistance requested whose duration shall not exceed 24 hours. Where necessary, the duration of rendering of assistance to the police may, in accordance with the same procedure, be extended up to 48 hours or until the goals of detention of, search for or rescue of a person are attained. The operation of detention of, search for or rescue of the person in which assistance is rendered by the military element shall be led by an officer appointed by the Commissioner General of the police or by his deputy or by the head of a higher-level police commissioner’s office.   7. In the case indicated in subparagraph 6 of paragraph 1 of this Article, a military element may be used by an order of the Minister of National Defence, when the Crisis Management Committee takes a decision on the use of the military element due to a terrorist attack. A terrorist attack response operation in which assistance is rendered by the military element shall be led by the commander of a crisis management operation appointed in accordance with the procedure laid down by legal acts. 8. In the cases indicated in subparagraph 7 of paragraph 1 of this Article, military elements may be used by an order of the Minister of National Defence and at a written request of the Minister of the Interior or in executing decisions of the Government on reinforcement of protection of the important state and municipal or other facilities as specified by the Government. 9. In the case indicated in subparagraph 8 of paragraph 1 of this Article, a military element may be used by an order of the Commander of the Armed Forces and at a written request of the Director of the VIP Protection Department or his deputy. An order on sending of the military element to assist the VIP Protection Department shall be immediately notified to the Minister of National Defence, who shall have the right to repeal the order subject to prior co-ordination with the Minister of the Interior. The military element to be sent may render to the VIP Protection Department only the one-time assistance requested, whose duration shall not exceed 24 hours. Where necessary, the duration of rendering of assistance to the VIP Protection Department may, in accordance with the same procedure, be extended up to 48 hours or as long as this is necessary according to the specified level of ensuring the security of protected persons. In ensuring the protection of protected persons, actions of the military element and other state institutions or agencies shall be co-ordinated by an officer appointed by the Director of the VIP Protection Department or his deputy. 10. In the case indicated in subparagraph 9 of paragraph 1 of this Article, the technical facilities of surveillance and control as well as military vessels and aircrafts assigned to the Army may be used. Such an assistance shall be rendered by the Army in accordance with the procedure laid down by the Government or an institution authorised by it by an order of the commander within the operational chain of command authorised by the Commander of the Armed Forces at a written request of the head of an institution responsible for co-ordination of search for and rescue of persons as well as spill liquidation works or an official authorised by him. 11. The Minister of National Defence must immediately notify the President of the Republic, the Government, the Speaker of the Seimas and the Seimas National Security and Defence Committee of an order indicated in paragraphs 2, 4, 7 and 8 of this Article. 12. When rendering assistance to other state or municipal institutions in the cases indicated by this Article, the Army may use special means and weapons only to the extent that it is necessary to attain the goals of assistance. The special means and weapons shall be used in accordance with the procedure laid down by the law. Article 19. Military Police 1. The military police shall be a constituent part of the Army. 2. The functions and rights of the military police shall be stipulated by a separate law. The structure thereof shall be established by the Minister of National Defence. Article 20. General Jonas Žemaitis Military Academy of Lithuania 1. The Jonas Žemaitis Military Academy of Lithuania (hereinafter referred to as the “Academy”) shall be a school of higher education for the education and training and improvement of qualifications of officers which is accountable to the Minister of National Defence – a military institution of the national defence system organising, in accordance with the procedure laid down by legal acts, university-level studies and military training as well as non-continuous studies. The head of the Academy shall be subordinate to the Minister of National Defence. 2. The Academy shall be subject to general principles for the establishment and management of schools of higher education. The status thereof shall be approved by the Government on the recommendation of the Minister of National Defence. The Minister of National Defence shall approve the officer training system, th …