1.The senate (academic council) of a higher education institution may confer the title of a professor emeritus upon professors who have actively performed research and pedagogical work in the higher education institution, for the special merit to science or arts.
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2.A professor emeritus shall, in accordance with the procedure laid down by the statute of a higher education institution, be provided with the possibilities to participate in research and other activities of the higher education institution.
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3.A professor emeritus shall, in accordance with the procedure laid down by a higher education institution, be paid with the funds of the higher education institution a monthly contribution of a professor emeritus fixed by the council of the higher education institution.
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Article 64Rights and duties of the staff of a higher education and research institution
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1.The staff of a higher education and research institution shall, in accordance with the procedure laid down by legal acts, have the right:
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1)within the limits of their competence to participate in competitions for implementation of research programmes and for securing support from higher education and research funds, as well as to utilize appropriated resources;
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2)to participate in competitions for graduate and postdoctoral scholarships in the Republic of Lithuania and abroad;
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3)to obtain from state institutions the information which is necessary for research work. If such information is a state or official secret, it shall be furnished and used in accordance with the procedure laid down by legal acts;
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4)to participate in consideration of a statute (regulations) and trends of activities of their institution;
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5)to participate in various trade unions and associations, including those functioning abroad;
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6)to work independently or join creative groups;
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7)to independently publish their scientific works.
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2.Every five years teaching staff members may be released for a period not longer than one year from their pedagogical work to conduct research and to improve their scientific and pedagogical qualification. The teacher shall be paid his average salary during the said period.
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3.The staff of a higher education and research institution, related to research and study activities, must:
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1)observe the Code of Academic Ethics;
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2)perform other duties set out in the statute (regulations, statutes) of their institution and their employment contracts.
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Article 65Admission to the positions of teachers and research workers of higher education and research institutions
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1.Persons shall be accepted to the positions of teachers and research workers of higher education and research institutions, with the exception of postdoctoral fellowship holders and persons indicated in Article 61 and paragraph 4 of this Article, through an open competition for a five-year term of tenure. The procedure for organizing a competition to fill the positions of teachers and research workers of a higher education institution shall be laid down by the higher education institution, and the procedure for organizing a competition to fill the positions of teachers and research workers of a research institute – by the research institute.
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2.Persons shall be appointed to the position of a postdoctoral fellowship holder for a period not longer than two years in accordance with the procedure laid down by the Government. This period may be extended by one more year in accordance with the procedure laid down by the Government.
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3.With not less than three months remaining before the expiry of the term of tenure of a teacher and research worker of a higher education and research institution, an open competition shall be announced to fill these positions. A person who already holds this position may participate in the said competition. An announcement about a competition to fill a position must be published in the websites of the institution and the Research Council of Lithuania, as well as in the Lithuanian mass media and, where appropriate, in the international mass media.
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4.An employment contract of unlimited duration for holding this position shall be concluded with a person who has the second time in succession won the competition to hold the same position of a teacher or a research worker. Performance evaluation of this person shall be carried out every five years in accordance with the procedure laid down by higher education and research institutions. A person who fails the performance evaluation shall be dismissed from the position. Persons shall be accepted to a higher position of a teaching staff member or research staff member by way of an open competition.
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5.A recruitment commission which evaluates candidates for the position of a teacher and a research worker, with the exception of postdoctoral fellowship holder, shall be set up in accordance with the procedure laid down by higher education and research institutions. Not less than one third of the members of the recruitment commission must be persons who do not work in this higher education and research institution. When making arrangements for a competition to fill the position of a chief research worker or a professor, at least one international expert must be in the recruitment commission.
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6.An extraordinary performance evaluation may be conducted for teachers and research workers of higher education and research institutions in accordance with the procedure laid down by the councils of the institutions.
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Article 66Organizations of students, teachers, scientists and other researchers
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1.Students, teachers, scientists and researchers shall have the right to join unions and other associations pursuant to the procedure laid down by the Law on Associations.
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2.The Lithuanian Academy of Sciences shall be a state budgetary institution which unites the most prominent Lithuanian and foreign scientists related through their activities to Lithuania. The Lithuanian Academy of Sciences shall act in compliance with its statute. The statute of the Lithuanian Academy of Sciences shall be approved by the Seimas.
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3.The Lithuanian Catholic Academy of Sciences shall unite the most prominent catholic-oriented Lithuanian scientists, Lithuanian scientists living abroad and foreign scientists related through their activities to Lithuania. The Lithuanian Catholic Academy of Sciences shall act in compliance with its statutes.
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4.Student unions and organizations, organizations of teaching staff members, scientists and other researchers, scientific societies and other associations of students, which act in compliance with laws and their statutes, may, in accordance with the procedure laid down by the Research Council of Lithuania, receive state budgetary funds for activities related to the purposes set for the system of higher education and research.
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CHAPTER VII
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FUNDING OF HIGHER EDUCATION AND RESEARCH
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Article 67Funds of higher education and research institutions
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1.Funds of higher education and research institutions shall comprise the following:
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1)resources of the basic funding of the state budget for state higher education and research institutions;
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2)state budgetary funds appropriated for studies to higher education and research institutions in accordance with the procedure laid down by this Law;
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3)funds of state investment programmes and state investment projects to state higher education and research institutions;
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4)income received as payment for studies, as well as income received from economic, research activities and rendered services;
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5)funds received as competition-based programme funding of research;
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6)funds of state funds;
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7)funds appropriated by international and foreign funds and organizations;
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8)funds received as charity under the Law on Charity and Sponsorship;
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9)other funds received in legal ways.
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2.State budget appropriations for each state university and state research institution shall be allocated under a separate budget heading. State colleges shall be funded with the state budget appropriations allocated for the state institutions or establishments which perform the functions of their founder.
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Article 68Funds of the basic funding of the state budget
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1.The funds of the basic funding of the state budget shall be allocated to state higher education and research institutions for:
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1)research, experimental (social, cultural) development and the expansion of artistic activities;
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2)administration and economy;
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3)other needs.
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2.State budget funds for research, experimental (social, cultural) development and expansion of artistic activities shall be allocated to state higher education and research institutions in compliance with the procedure laid down by the Government according to the results of evaluation of research (artistic) activities of the state higher education and research institutions.
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Article 69State budget funds for studies
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1.State budget funds for studies shall be appropriated:
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1)to cover the cost of studies in student places which are funded by the state;
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2)to compensate, in the manner prescribed by Article 71 of this Law, a tuition fee paid by the students who achieved the best results of studies in the student places which are not funded by the state;
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3)for targeted funding of studies;
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4)state loans or state-supported loans;
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5)social scholarships and other support.
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2.Repealed.
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3.Funds related to preparation of scientists or specialists shall, in accordance with the procedure laid down by the Government, be allocated to research institutes and other institutions which together with state universities prepare these scientists or help preparing these specialists.
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Article 70Payment of the cost of studies in student places funded by the State
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1.Priority to state-funded student places pursuant to study programmes of the first cycle and integrated study programmes shall be given to entrants according to their capabilities which are determined by taking into account the results of matura examinations, studying, other results as well as special capabilities. A ranking list of the persons who have completed a secondary education programme with the best results shall be determined by the Ministry of Education and Science.
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2.State-funded student places according to study programmes of the first cycle and integrated study programmes shall be allocated to higher education institutions in accordance with the choice among higher education institutions made by enrolling persons who have completed the secondary education programme with the best results, without exceeding state funding established for each study area. Distribution of funding for study areas shall be established by the Government, taking into account the needs of the national economic, social and cultural development and financial possibilities of the State.
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3.A preliminary number of state-funded student places of the first cycle and integrated studies in each study area or a set of study fields shall be announced by the Ministry of Education and Science not later than by 16 February of each year.
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4.Only those persons whose study results are not lower than the minimum criteria fixed by the Ministry of Education and Science may apply for state-funded student places of the first cycle and integrated study programmes.
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5.The final number of state-funded student places of the first cycle and integrated studies to which students are admitted as well as their distribution among higher education institutions and study areas shall be approved by the Ministry of Education and Science after the results of admission to higher education institutions are made known and study agreements are signed.
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6.The number, approved by the Ministry of Education and Science, of student places in studies of a full-time form in a higher education institution, when the cost of studies in the said student places are covered with the state budget funds pursuant to the provisions of this Article, shall remain unchanged during the whole set period of studies; the number of student places in studies of a part-time form in a higher education institution, when the cost of studies in the said student places are covered with the state budget funds, shall remain unchanged during a period which lasts one-and-a-half time longer than the study period established for the respective studies of a full-time form, with the exception of the cases provided for in paragraph 8 of this Article. In the cases when a person is excluded from a higher education institution, loses the state funding or terminates studies and when a state-funded student place is not occupied in accordance with the procedure laid down in paragraph 14 of this Article, state funding for the student place shall remain for a higher education institution until the end of a budgetary year.
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7.A person whose studies of the first cycle or integrated studies are funded by the State shall, upon the end of the period of academic studying set by the higher education institution, but not exceeding an academic year, after which a regular main check of knowledge is carried out, lose state funding for studies if the mean of the results of his studies during a respective period is more than 20 percentage points lower than the mean of the results of studies of a respective study programme and form by higher education institution students of the same year of studies during a respective period. A person who loses state funding must pay for his studies a tuition fee fixed by a higher education institution and his state-funded student place shall be occupied by a person whose study results in a student place which is not funded by the State are the best.
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8.A person whose studies are funded by the State in accordance with the procedure laid down by the Government shall have the right to change a study programme within the same study area, without losing the remaining part of state funding of the studies, where such part does not exceed the normative cost of that study programme.
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9.The number of state-funded student places of the second cycle, doctoral studies and studies which do not award a degree shall be fixed each year prior to 11 March according to concrete study fields by the Government, taking account of national economic, social and cultural development needs as well as financial possibilities of the State. Student places of studies of the second cycle and studies which do not award a degree shall be distributed among universities by the Ministry of Education and Science according to the results of their research (artistic) activities and/or the choice of the entrants to study programmes of the first cycle and integrated study programmes according to a study or research field. Doctoral student places shall be distributed for higher education and research institutions by the Ministry of Education and Science in accordance with the results of research (artistic) activities and doctoral studies.
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10.The state shall fund the cost of studies of persons studying in state-funded student places in accordance with the procedure laid down in Article 76 of this Law.
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11.State budget funds to cover the cost of studies in state-funded student places shall be allocated in accordance with the procedure laid down by the Government.
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12.In Government-set cases and pursuant to the procedure laid down by the Government, persons who have been studying in state-funded student places and who have been excluded from a higher education institution or have terminated their studies, must return into the state budget the funds (or part thereof) intended to cover the cost of studies in state-funded student places.
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13.The Ministry of Education and Science shall lay down the procedure of competition to state-funded student places of persons who have acquired education in the institutions of foreign countries.
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14.After a person who studied in a state-funded student place has been excluded from a higher education institution or after he himself terminates studies (with the exception of the cases provided for in paragraph 8 of this Article), another person who studies in the same study programme of the same year of studies in a student place which is not funded by the State may be transferred to the said state-funded student place in the manner prescribed by the higher education institution (with the exception of the person referred to in Article 72 of this Law).
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Article 71Reimbursement of the tuition fee
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1.Pursuant to the procedure and to the extent prescribed by the Government a part of the persons in the student places of the first cycle or integrated studies not funded by the State, who have finished with the best results the first two academic years (in the case of part-time studies –half of a study programme) and the remaining academic years, shall be reimbursed for the tuition fee paid for the studies during a respective period (a part of the fee which does not exceed the normative cost of studies). After the first two years of studies (in the case of part-time studies – after finishing half of a study programme) reimbursement shall cover the tuition fee paid by a person during a respective period of time (a part of the fee which does not exceed the normative cost of studies).
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Upon completion of the studies, reimbursement shall cover the tuition fee (a part of the fee which does not exceed the normative cost of studies) paid for the period from the third year of studies until the end of the first cycle of studies or the end of the integrated studies (in the case of part-time studies – for the other half of a study programme). The number of persons for whom the tuition fee (a part of the fee which does not exceed the normative cost of studies) is reimbursed shall be determined according to a specific study field of a higher education institution in the manner prescribed in paragraph 2 of this Article. Ranking lists of persons who finished with the best results the first two academic years (in the case of part-time studies – half of a study programme) and the remaining academic years in the student places which are not funded by the State shall be set in the manner prescribed by a higher education institution according to the study fields.
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2.The number of persons in a specific study field of a higher education institution, who finished with the best results the first two years of studies (in the case of part-time studies - half of a study programme) or the remaining academic years and for whom according to the provisions of paragraph 1 of this Article the tuition fee (a part of the fee which does not exceed the normative cost of studies) is reimbursed, shall be proportionate to the number of persons who have been admitted to the state-funded student places of the same study field in a respective year of admission. The overall number of persons for whom according to the provisions of paragraph 1 of this Article the tuition fee is reimbursed shall not exceed 10 per cent of the number of persons who that academic year finished studies (in the case of part-time studies – half of a study programme) or the remaining academic years in the state-funded student places of studies of the first cycle or integrated studies.
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Article 72Cases when state funding is not provided for studies and a tuition fee is not reimbursed
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1.The following persons shall not have the right to state-funded student places or reimbursement of a tuition fee in accordance with the procedure laid down in Articles 70 and 71 of this Law:
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1)persons who repeatedly study according to a study programme of the same or lower cycle, if they have acquired more than a half of the credits of that study programme with the state budget funds, with the exception of the cases provided for by the Government;
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2)persons who simultaneously study according to two or more study programmes which award a degree of the same cycle or according to study programmes which do not award a degree, if their studies are financed with the state budget funds according to at least one of these study programmes (they themselves pay for the second or other study programmes);
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3)foreign nationals, with the exception of the persons specified in paragraph 2 of Article 73 of this Law, as well as citizens of the member states of the European Union and other states of the European Economic Area, unless otherwise provided for by international agreements or other legal acts of the Republic of Lithuania;
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4)in other cases set out by the Government.
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2.The following persons shall pay for studies a tuition fee which is proportionate to the volume of a subject (modules):
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1)persons who study according to non-formal education programmes;
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2)persons who repeatedly study individual subjects of a study programme.
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Article 73Targeted funding of studies
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1.In accordance with the procedure laid down by the Ministry of Education and Science, state budget funds may, by way of competition, be appropriated to higher education and research institutions for the implementation of study programmes, taking into consideration the most urgent needs of the economic, social and cultural development of the State, if the said needs may not be satisfied in other ways laid down in this Law. The number of student places of target funding of studies according to study field or study programmes shall be announced by the Ministry of Education and Science each year but not later than before 15 April.
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2.Studies of children, grandchildren, great-grandchildren of the Lithuanians living abroad and foreigners of the Lithuanian origin may be additionally funded in accordance with the procedure laid down by the Ministry of Education and Science. Citizens of the Republic of Lithuania who have lived abroad at least three years or citizens of foreign states who have lost the citizenship of the Republic of Lithuania shall be regarded as Lithuanians living abroad. A foreigner shall be considered to be a foreigner of Lithuanian descent if at least one of his parents or grandparents is or was Lithuanian and who considers himself Lithuanian.
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Article 74State loans and state-supported loans
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1.Students may get state loans or state-supported loans:
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1)to pay the tuition fee;
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2)for living expenses;
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3)to pay partial studies pursuant to international (interdepartmental) agreements.
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2.State budget appropriations allocated to the State Studies Foundation, funds accumulated from the repayment of loans, interest and interest charged for late payment, support, as well as funds of private economic entities and other funds may be used for granting state loans or state-supported loans and for covering the expenses related to administration thereof. The Government shall lay down the procedure for grating, administering and repaying state loans or state-supported loans.
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3.The limit of state-supported loans shall be set in the Law of the Republic of Lithuania on the Approval of Financial Indicators of the State Budget and Municipal Budgets for the corresponding year.
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Article 75Scholarships and other support for students
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1.Students may be granted social and incentive scholarships.
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2.Social scholarships from the state budget funds may be granted in the manner prescribed by the Government to students of studies of the first cycle, the second cycle and the integrated studies of a higher education institution.
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3.Incentive scholarships from the funds of higher education institutions or other funds may be granted to the best students taking into consideration their study results or other academic achievements. The fund of incentive scholarships of state higher education institutions shall be established and the said scholarships shall be granted in accordance with the procedure laid down by the senates (academic councils) of state higher education institutions, after consultation with a students' representative body.
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4.Other types of support may be provided to students of higher education institutions with the state budget funds in accordance with the procedure laid down by the Government.
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5.Students of higher education institutions shall be entitled to receive also other types of support.
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6.The Government shall approve a profile of a procedure for granting state support for studies abroad, as well as support to persons studying in doctoral studies and students studying according to study programmes which do not award a degree, and to students who have been admitted to student places in which studies are paid with state budget funds.
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Article 76Cost of studies
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1.The cost of studies shall be fixed by a higher education institution. The cost of studies shall be indicted in the rules on admission to a higher education institution.
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2.The cost of studies in higher education institutions shall be fixed taking into consideration the studies-related expenses specified in paragraph 3 of this Article. In those cases when the cost of studies of persons who study in student places which are not funded by the State, such cost of studies may additionally include the expenses which are not specified in paragraph 3 of this Article, but which are necessary to ensure the quality of studies.
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3.The following funds necessary for carrying out studies shall be included in the expenses of studies:
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1)salaries of teachers, research workers and other employees related to studies;
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2)to purchase goods and services related to studies;
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3)to give incentives to students.
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4.The normative cost of studies of a respective study field or a set of study programmes shall be calculated in accordance with the procedure laid down by the Government, where such normative cost of studies shall comprise all the expenses specified in paragraph 3 of this Article. The normative cost of studies of students admitted to a higher education institution in a corresponding year shall be each year approved by the Ministry of Education and Science before 15 January. In the cases where the cost of studies fixed by a higher education institution does not exceed the normative cost of studies, the cost of studies of a higher education institution shall be paid with the state budget funds. In the cases where the cost of studies fixed by a higher education institution exceeds the normative cost of studies, the normative cost of studies shall be covered with the state budget funds.
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5.Persons who study in state-funded student places of state higher education institutions shall not have to pay to a higher education institution any fee related to the implementation of a study programme, with the exception of the cases referred to in paragraph 2 of Article 72 of this Law.
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6.The cost of studies or its part for persons studying in the student places not funded by the state may be covered by employers of the studying person, the higher education institution, other natural and legal persons.
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Article 77State funding of research, experimental (social, cultural) development and artistic activities
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1.Research, experimental (social, cultural) development and artistic activities shall be funded:
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1)with funds of the basic financing of the state budget designated for research, experimental (social, cultural) development and artistic activities;
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2)according to national research programmes and national complex programmes;
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3)according to other competition-based programmes.
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2.Competition-based programmes shall be the totality of measures of research, experimental (social, cultural) development works, the results of which are new scientific knowledge and technologies, the research, experimental (social, cultural) development infrastructure, a higher competence of researchers and other matters necessary to solve urgent problems of the state and society. Competition-based programmes shall be implemented by way of competition funded projects.
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3.National research programmes shall be competition-based programmes which create conditions to solve problems important to the state and society and to increase the international competitiveness of the Lithuanian science. The purpose of national research programmes shall be to concentrate the scientific potential of Lithuania and financial resources, to initiate new and to coordinate on-going research necessary to solve a certain problem. The provisions of national research programmes shall be approved by the Government.
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4.National complex programmes shall be sets of projects selected by way of competition the purposes and tasks of which are oriented towards the training of specialists of the highest qualification, conducting of research, experimental (social, cultural) development, creation of general infrastructure, strengthening of scientific and business ties in the specific subsectors of the economy (business segments).
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5.Other competition-based programmes shall be initiated and implemented in accordance with the procedure laid down by an institution administering these programmes.
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6.Applicants shall compete for competition-based programme funding by presenting applications which are assessed with due regard being paid to their compliance with the objectives of research, experimental (social, cultural) development projects, and the criteria of their topicality, competence, quality and other criteria.
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7.Competition-based programme funding shall be administered by the Research Council of Lithuania and an institution authorised by the Government or the Ministry of Education and Science.
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8.Research in the fields of Lithuanian economy, culture, social protection, health care, national defence and environmental protection, other spheres, experimental (social, cultural) development, training of specialists and other fields of activities related to competition-based programmes shall be financed with the funds which are provided for when approving such programmes; these funds shall be disposed of by the interested ministries, foundations, higher education and research institutions, business entities.
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9.Teachers, research workers and other researchers may receive state support for postdoctoral scholarships as well as support for participation in scientific conferences abroad, for teaching in foreign higher education and research institutions. This support shall be administered by the Research Council of Lithuania in accordance with the procedure laid down by it. State support may also be provided by other state institutions. State support to the teachers, research workers and other researchers who have gained postdoctoral scholarships abroad under international agreements shall be provided in accordance with the procedure laid down by the Government.
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Article 78Accounting, financial statements and audit of higher education and research institutions
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1.Accounting of higher education and research institutions, organisation and management thereof, compiling of financial statements and reports on implementation of the budget shall be established by laws and other legal acts.
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2.Income of state budgetary research institutes accrued from scientific, economic activities and rendered services shall be included in the state budget income, but shall be used pursuant to the procedure laid down by legal acts and according to special programmes for the implementation of purposes and tasks set out in statutes of state research institutions.
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3.State assets transferred under a property trust agreement must be recorded separately from other assets of a state higher education institution.
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4.State higher education and research institutions shall each year (but not later than until March) publicly announce and submit to the Ministry of Education and Science and the founder annual reports on activities, as well as publicly announce annual revenue and expenditure estimates and reports on their implementation.
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5.The National Audit Office shall conduct audits of state higher education and research institutions in accordance with the procedure laid down by legal acts. When necessary, the Ministry of Education and Science or the founder may initiate an audit of financial statements of state higher education and research institutions.
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CHAPTER VIII
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MANAGEMENT, USE AND DISPOSAL OF ASSETS OF STATE HIGHER EDUCATION INSTITUTIONS
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Article 79
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Principles of management, use and disposal of the assets of state higher education institutions, inviolability of the territory and buildings of state higher education institutions 1. While managing, using and disposing of assets, higher education institutions shall adhere to the following principles:
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1)public benefit. This principle shall mean that the assets must be managed, used and disposed of carefully, with an aim to develop an educated individual and society, receptive to science, cultural values and latest technologies, to freely create, accumulate and communicate scientific knowledge and cultural values to the public, to foster the civilizational identity of Lithuania;
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2)efficiency. This principle shall mean that while managing, using and disposing of the assets, a state higher education institution must seek the greatest benefit for society;
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3)rationality. This principle shall mean that the assets must be taken care of and managed in a reasonable, purposeful and proper manner;
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4)accountability to the public. This principle means that state higher education institutions, when implementing the autonomy, the freedom of culture, science, research, teaching guaranteed by the Constitution of the Republic of Lithuania, and independently managing the assets entrusted to them, are accountable to the public for quantitative and qualitative changes of the assets managed, used and disposed of by them;
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5)autonomy of economic activities. This principle means that a state higher education institution is granted a freedom of economic activities which is related to the institution’s responsibility for the implementation of the mission of the higher education institution.
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2.State higher education institutions shall exercise the right to the inviolability of their territories and buildings. Only the Government may, upon having evaluated the opinion of a state higher education institution, change the boundaries of the territory of the state higher education institution or the managers of the state buildings. If the council of a state university does not agree, the boundaries of the territory or the managers of the state buildings may be changed by the Seimas.
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Article 80Transfer under trust agreements of state assets to state higher education institutions
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1.The State may transfer the fixed tangible assets belonging to it by the right of ownership to state higher education institutions by the right of trust and under a property trust agreement, the transfer being executed in accordance with the procedure and under the terms and conditions laid down by the Law on the Management, Use and Disposal of State and Municipal Assets, with the exception of the cases provided for in this Chapter.
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2.A state property trust agreement shall be drawn up for a period not exceeding twenty years. A model form of a property trust agreement shall be approved by the Government.
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3.A state property trust agreement shall expire in the cases referred to in Article 6.967 of the Civil Code and in the event of reorganization.
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4.Besides other terms and conditions specified in Article 6.959 of the Civil Code, a state property trust agreement must provide for the duty that a state higher education institution must, not later than before 1 May of the next year, publicly announce in the webpage of the higher education institution a report on the management, use and disposal of the state assets for the last financial year.
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5.A state higher education institution may lease the state assets transferred to it under a property trust agreement to the third persons, may transfer these assets under a contract of loan for use, if that has been provided for in the property trust agreement and if this is necessary to ensure activities of the higher education institution.
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6.The state assets transferred under a property trust agreement may not be the object of recovery according to the obligations of a state higher education institution, including the obligations which occurred while managing, using and disposing of the said assets.
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Article 81Management, use and disposal of the assets of higher education institutions by the right of ownership
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1.The following shall comprise the assets managed, used and disposed of by state higher education institutions by the right of ownership:
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1)assets invested by the State;
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2)income received as payment for studies, as well as income received from economic, research activities and rendered services;
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3)funds and other assets received as charity under the Law on Charity and Sponsorship;
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4)other funds, with the exception of state budget funds;
\n
5)assets purchased with the state budget funds and with the funds provided for in subparagraphs 2-4 of this paragraph, with the exception of the immovable property acquired with the European Union assistance, funds of the state budget and state foundations;
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6)donations;
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7)inherited property;
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8)property rights arising from intellectual activity results (scientific or artistic works and objects of industrial property rights - patents, design, trademarks and topographies of semiconductor products, other intellectual property objects);
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9)income, assets or other benefit gained while managing, using and disposing of the funds or other assets indicated in subparagraphs 1-8 of this paragraph.
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2.While managing, using and disposing of the assets referred to in paragraph 1 of this Article, state higher education institutions may conclude only those civil transactions which are in conformity with their founding documents and purposes of activities.
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Article 82Rights arising from intellectual activity results
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1.Property rights arising from intellectual activity results (scientific or artistic works and objects of industrial property rights - patents, design, trademarks and topographies of semiconductor products, other intellectual property objects) acquired under contract or in accordance with the procedure laid down by laws shall belong to state higher education institutions by the right of ownership.
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2.A person must notify a state higher education institution in accordance with the procedure laid down by it about the intellectual activity results which have been achieved in that state higher education institution through the use of its experience or technologies and/or equipment and/or in the process of a research with the said person performing his job functions during the research. Issues pertaining to the transfer of economic rights to a higher education institution or conferring of such rights for use shall be regulated in accordance with the procedure laid down by the law and/or contracts.
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3.Not less than one third of the profit gained through commercial use of the intellectual activity results achieved by employees of a state higher education institution in the process of a research with the employees performing their job functions during the research and by persons studying in doctoral studies in the process of a research must be allocated to the author (co-authors), unless otherwise provided for in an employment contract or a contract concluded between the state higher education institution and the employee (person studying in doctoral studies).
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4.When cooperating in the sphere of research and/or experimental (social, cultural) development with other establishments, enterprises and organizations, state higher education institutions shall lay down the conditions of management, use and disposal of intellectual property in a contract.
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Article 83Restrictions on the disposal of the assets managed and used by state higher education institutions by the right of ownership
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1.Transactions on the basis of which the state assets of a higher education institution are transferred to the third persons shall be concluded in compliance with market prices which are fixed in accordance with the Law on Basics of Property and Business Valuation, after a consent of the Government or an institution authorised by it has been obtained according to the procedure laid down by the Government.
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2.State higher education institutions shall not have the right to invest in legal persons of unlimited civil liability and to found them. State higher education institutions may establish and invest in legal persons of limited civil liability under the conditions and in the manner prescribed by the council of a higher education institution only when such establishment or investment is related to activities concerning organization of studies delivered by a state higher education institution or research carried out by this institution, and is necessary to achieve such objectives.
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3.It shall be prohibited for state higher education institutions to provide a security in the form of the assets they manage for performance of obligations of the third persons.
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4.State higher education institutions shall have the right to borrow, i.e. is to sign loan agreements, lease (financial lease) agreement and other promissory debt instruments, observing the general limit on borrowing by state higher education institutions as fixed by the Law on the Approval of Financial Indicators of the State Budget and Municipal Budgets of the relevant year. The Ministry of Education and Science shall distribute this limit on borrowing among state higher education institutions. State higher education institutions shall account for the undertaken debt obligations to the Ministry of Education and Science in accordance with the procedure laid down by it. A state higher education institution may not mortgage more than 20 per cent of the tangible assets managed by the right of ownership in order to ensure the performance of debt obligations. Before concluding immovable property mortgage contracts it shall be required to obtain in the manner prescribed by the Government, a consent of the Government or an institution authorised by it.
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CHAPTER IX
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REGULATION OF ACTIVITIES OF RESEARCH INSTITUTIONS DURING THE TRANSITIONAL PERIOD
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Article 84Types of research institutions and foundations of their activities
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1.State research institutions shall be of the following types:
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1)a state research institute;
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2)a university research institute;
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3)a state research establishment.
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2.Research institutions shall conduct long-term research and experimental (social, cultural) development, important for the State and society, in an area defined by the founder (a meeting of the members of the legal person).
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3.Research institutions may be state and non-state. The founder of state research institutions shall be the Government. Founders of non-state research institutions shall be natural or legal persons, with the exception of state and municipal establishments, as well as the branches, located in Lithuania, of enterprises established in the Member States of the European Union or other states which signed the Agreement on the European Economic Area.
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4.State research institutions shall be public legal persons that function as budgetary or public establishments.
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5.Non-state research institutions may be public or private legal persons. They shall be founded to fulfil scientific objectives of their founders (members of the legal person).
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Article 85Rights and duties of research institutions
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1.Research institutions shall have the right:
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1)in compliance with laws and other legal acts, to determine their structure, internal working arrangements, number of employees, their rights and duties, workpay conditions;
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2)when accomplishing their mission, to cooperate with enterprises, establishments and organizations;
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3)to publish scientific and other literature as well as to choose scientific publications, other ways to communicate the results of their research and experimental (social, cultural) development to the public;
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4)together with higher education institutions to train scientists, to help to train specialists;
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5)to promote the use of the results of research and experimental (social, cultural) development in the fields of the economy, social and cultural life;
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6)to manage, use and dispose of assets in accordance with the procedure laid down by legal acts;
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7)to carry out expert examinations, to provide scientific consultations and other services in the fields of science and technologies;
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8)to acquire other rights and duties in accordance with the procedure laid down by legal acts.
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2.Research institutions must:
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1)ensure academic freedom of members of the academic community;
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2)in accordance with the procedure laid down by the founder or an institution authorised by it to inform the founders (members of the legal person) and the public about the measures of quality assurance in research activities, their financial and economic activities, and the use of funds;
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3)furnish in due time official information to institutions authorised by the Government (statistical data and relevant information) which is necessary for the management and monitoring of the higher education and research system;
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4)perform other obligations established by legal acts.
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Article 86State research institute
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1.A state research institute shall be a research institution whose main activity is long-term international-level fundamental and applied research important to the national economy and culture and which requires groups of specialized scientists.
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2.The main purposes of a state research institute shall be as follows:
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1)to conduct long-term research and experimental (social, cultural) development, important for the development of the national economy, culture and society, in a certain area (areas);
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2)to cooperate with representatives of business, the government and the public, to carry out commissioned works of research and experimental (social, cultural) development, to render methodological and other assistance;
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3)together with higher education institutions to train scientists, to help to train specialists, to ensure the scientific competence of the international level;
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4)to communicate scientific knowledge to the public, to apply it in culture and education, social and economic activities, to contribute to the establishment of an economy based on innovations and knowledge, development of society receptive to knowledge.
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Article 87University research institute
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1.A university research institute shall be a research institution which conducts research and experimental (social, cultural) development in a certain area (certain area) corresponding to the purposes and mission defined by the university, which provides a scientific base for studies of university students and training of scientists, improvement of the scientific qualification of the teachers.
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2.The main purposes of a university research institute shall be as follows:
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1)to conduct long-term research and experimental (social, cultural) development, important for the development of the national economy, culture and society, in a certain area (areas);
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2)together with the university to train scientists, to help to train specialists, taking into consideration the latest scientific achievements and the needs of the national economy;
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3)to create conditions for studies of students, improvement of the qualification of teachers and other specialists.
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Article 88State research establishment
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1.A state research establishment shall be a research institution which conducts applied research and experimental (social, cultural) development works important for the development of a respective sphere of the economy or culture, and/or which develops experimental production.
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2.The main purposes of a state research establishment shall be as follows:
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1)to conduct applied research and experimental (social, cultural) development, training, to create methodologies of a concrete area of research and experimental (social, cultural) development, which is topical for the founder (members of the legal person) or the institution performing the functions of the founder;
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2)to communicate results of research and experimental (social, cultural) development to the public and to contribute to the creation of an economy based on innovations and knowledge, development of a society receptive to knowledge.
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Article 89Governing bodies of a research institution
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1.The governing bodies of a state research institution (with the exception of a state research establishment) shall be the council of the research institution and the director of the research institution.
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2.Governing of state research establishments and non-state research institutions shall be regulated by the founding documents.
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Article 90Council of a state research institute and university research institute
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1.The governing body of a state research institute and a university research institute shall be the council.
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2.The council shall perform the following functions:
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1)approve the institute’s perspective action plan;
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2)approve the institute’s structure and changes therein;
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3)approve an annual report on activities of the institute, organize a permanent qualification analysis of activities and evaluate how the institute implements its tasks, objectives and mission in the State;
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4)lay down the procedure for organising the performance evaluation of research workers and competitions to fill positions of research workers;
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5)consider a revenue and expenditure estimate of the institution, reporting on its implementation, other documents regulating research activities and internal procedure;
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6)perform other functions set by the statutes.
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3.Two thirds of the members of the council shall be elected by scientists of a state research institute and one third of the members of the council shall be delegated by the founder or an institution authorised by him. The Government may fix another proportion of members of the council elected by scientists of a state research institute and members of the council appointed by the founder, moreover, it may determine that the council of a state research institute includes representatives of the interested institutions, establishments and organizations.
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4.Two thirds of members of the council of a university research institute shall be members of the council elected by scientists of the university research institute and one third of members of the council shall be members of the council appointed by the university senate. The Government may fix another proportion of members of the council of a university research institute elected by scientists of the university research institute and members of the council of the university research institute appointed by the university senate, moreover, the Government may also determine the procedure in compliance with which representatives of the interested institutions, establishments and organizations are included in the council of the university research institute.
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5.The director of a state research institute and a university research institute shall be an ex officio member of the council, but he may not be the chairman of the council.
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Article 91Director of a state research institution
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1.The director of a state research institution shall be a single-person management body of the state research institution, shall act in the name of the said institution and represent it. The director shall perform the functions of the head of the institution as provided for in the statutes and legal acts.
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2.The Minister of Education and Science shall, upon the recommendation of the council of the state research institute, appoint and dismiss the director of the state research institute elected by secret ballot in an open competition by the council of the state research institute.
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3.The director of a university research institute shall be elected from among scientists for a term of office not exceeding five years and for not more than two terms of office in succession by secret ballot in an open competition by a commission; this commission shall comprise an equal number of representatives of the council of the university research institute and the university senate, and one representative of the Ministry of Education and Science. The Ministry of Education and Science shall lay down the procedure for holding a competition and setting up the commission. The university rector shall conclude a fixed-term employment contract with the elected director of the university research institute.
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4.A person having a scientific degree and the experience in management may be the director of a state research institution.
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5.The term of office of the director of a state research institution shall be five years. The same person may hold the office of the director of the research institution only for two terms of office in succession and not earlier than after an interval of five years since the end of the last term of office, if the last term of office was consecutively the second.
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Article 92Funding of research institutions
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State budget appropriations for each state research institute and university research institute shall be allocated under a separate budget heading. State research establishments shall be funded with the state budget appropriations allocated for the state institutions or establishments which perform the functions of the founder of the respective state research establishments.
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CHAPTER X
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FINAL PROVISIONS
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Article 93Implementation of the Law
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1.The Government or an institution authorised by it, other institutions specified in this Law shall prepare and approve legal acts necessary for the implementation of this Law.
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2.Upon entry into force of this Law, universities may not accept persons to college studies and colleges may not accept persons to university studies.
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3.State higher education institutions established prior to entry into force of this Law shall be regarded as having the right to carry out studies and activities related thereto. These state higher education institutions shall, within six months from the entry into force of this Law, be issued authorizations to deliver studies and to carry out activities related thereto.
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4.The Government or an institution authorised by it shall organize the restructuring of research institutions until 1 January 2010.
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5.The qualification acquired upon completion of a non-university study programme shall be equalled to the qualification acquired upon completion of a college study-programme. The equivalence of specialized professional studies to the corresponding studies in accordance with the composition of the study system approved by this Law shall be established by the Government.
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6.Until 1 January 2010 universities together with state research institutes or university research institutes shall have the right to carry out doctoral studies.
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7.The procedure, laid down in Article 52 of this Law, of setting and announcement of a list of competition subjects according to study fields and principles of composition of a competition score, the lowest passing entrance score and other criteria shall not apply to the conditions of admission to state higher education institutions, which have been established and announced prior to the entry into force of this Law in accordance with the procedure laid down by legal acts.
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8.State higher education institutions must be restructured from budgetary establishments into public establishments by 31 December 2011.
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9.Study programmes, assessed and registered in the Register of Study and Training Programmes prior to the entry into force of this Law, must be accredited by the Centre for Quality Assessment in Higher Education by 31 August 2009. Study programmes registered in the Register of Study and Training Programmes, which have not been assessed externally, must be assessed by 31 December 2010.
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10.Higher education institutions shall create conditions to complete their studies for persons who were accepted to the higher education institutions before the entry into force of this Law.
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11.Programmes of specialized professional studies designated for acquisition of a teacher’s qualification, which were registered in the Register of Study and Training Programmes before the entry into force of this Law, shall be held equivalent to the study programmes which do not confer a degree and which are designated for acquiring of a teacher’s qualification.
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12.Councils of state colleges shall, by the date set by the Government, draw up drafts amending statutes of colleges, which implement the provisions of this Law, and submit them to the Government.
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13.Change of the legal form of a state higher education institution shall not affect contracts of loan for use of state land which were concluded before the restructuring of the state higher education institution from a budgetary establishment into a public establishment.
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14.A council of the Centre for Quality Assessment in Higher Education shall be set up within six months of the entry into force of this Law in accordance with the procedure laid down by paragraph 2 of Article 17 of this Law.
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15.The Regulations of the Council of Higher Education shall be evaluated and, if necessary, amended within six months of the entry into force of this Law.
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16.The Statute of the Lithuanian Academy of Sciences shall be evaluated and, if necessary, amended within ten months of the entry into force of this Law.
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Article 94Entry into force and application of the provisions of Chapter VIII of the Law
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1.Paragraph 2 of Article 67 and paragraph 2 of Article 69 of this Law shall enter into force on 1 January 2010.
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2.Subparagraphs 1 and 2 of paragraph 1 of Article 69, paragraphs 6, 7, 8, 10, 11, 12 and 14 of Article 70, Articles 71, 72 and paragraphs 1, 2, 3, 4 and 5 of Article 76 of this Law shall not be applied to persons who were accepted to higher education institutions before the entry into force of this Law.
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3.State budget funds designated to fund studies of the persons accepted to state higher education institutions before the entry into force of this Law shall be appropriated in accordance with the procedure laid down by the Government, taking account of the number of student places, fixed pursuant to the procedure laid down by legal acts before the entry into force of this Law, where the studies in state higher education institutions of the students accepted to the said student places are fully or partly covered with state budget funds.
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4.Students of undergraduate, integrated studies and studies of the second cycle of all forms of state higher education institutions, accepted to state higher education institutions before the entry into force of this Law, with the exception of the students specified in paragraphs 8 and 9 of this Article, if their studying does not meet the criteria of good studying as defined in paragraph 5 of this Article, shall each semester pay a study fee to a higher education institution in the amount of four basic social benefits established by legal acts.
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5.Free education shall be ensured for students of state higher education institutions with good academic results, accepted to the state higher education institutions before the entry into force of this Law, with the exception of the students specified in paragraphs 8 and 9 of this Article. Students with good academic results shall be students who do not have academic failures and whose average of the evaluation of study subjects within a semester is not less than eight on a ten-point grading scale in accordance with the system of evaluation of study results approved by the Government or an institution authorised by it.
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6.Students who were accepted to state higher education institutions before the entry into force of this Law shall be struck off the register of students of the higher education institution for poor academic progress in accordance with the procedure laid down by the higher education institution. The following persons, accepted to state higher education institutions before the entry into force of this Law, who study in the same study programme of the same year of studies (except the persons referred to in subparagraphs 1-3 of paragraph 8 of this Article) shall qualify to fill vacancies according to the progress and in the order of priority:
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1)students of the same study form;
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2)students of other study forms.
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7.In the case when it is impossible to fill vacancies in accordance with the procedure laid down in paragraph 6 of this Article, state budget funds designated for funding of these free student places may be used for funding the studies of students of the same year of studies who were accepted to state higher education institutions before the entry into force of this Law and who study according to the study programmes the cost of which is not lower than that of the said free student places.
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8.The following persons accepted to a state higher education institution prior to the entry into force of this Law shall pay a tuition fee, fixed by the state higher education institution, for studies in the state higher education institution:
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1)persons studying according to a study programme of the same cycle or a lower cycle which they have completed in the state higher education institution, if they paid the full tuition fee for not more than half of the credits of the completed study programme, with the exception of the cases provided for by the Government;
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2)persons who simultaneously study according to two or more study programmes, if their studies are fully or partly financed with the state budget funds according to at least one of these study programmes (they themselves pay for the second or other study programmes);
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3)foreign nationals, if the international agreements of the Republic of Lithuania or other legal acts do not provide otherwise;
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4)persons who have failed to be accepted to the student places where the studies are fully or partly financed with state budget funds.
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9.The following persons accepted to state higher education institutions before the entry into force of this Law shall pay a tuition fee proportionate to the volume of a study subject:
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1)persons who do not undertake sequential studies;
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2)persons who repeat separate subjects of a sequential study programme.
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10.Students who were accepted to state higher education institutions before the entry into force of this Law may receive state loans or state-subsidized loans to pay the study fees referred to in paragraph 4 of this Article. The Government shall lay down the procedure for granting, administering and repaying these loans.
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11.Paragraph 2 of Article 75 of this Law shall apply in 2009 only to students of state higher education institutions. State budget funds designated for payment of incentive scholarships and other support for students of state higher education institutions accepted to those state higher education institutions before the entry into force of this Law shall be granted in accordance with the procedure laid down by the Government.
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Article 95Entry into Force and Application of the Law
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1.Paragraph 1 of Article 8 of this Law to the extent defining the obligation of universities to carry out only university studies, paragraph 1 of Article 9 to the extent defining the obligation of colleges to carry out only college studies, and paragraph 2 of Article 93 shall enter into force on 1 January 2010.
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2.Paragraph 21 of Article 4 and paragraphs 3, 4, 5, and 6 of Article 47 of this Law shall enter into force on 1 September 2011. Until 1 September 2011 the following definition of “study credit” shall be used: a unit for measuring the scope of studies, equalling forty work (academic, laboratory, independent, etc.) hours of a notional student, i.e., one week of the student’s work.
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3.The qualification degree of the licentiate of art shall be awarded to the persons who will have completed the postgraduate art study programme by 1 September 2012. Postgraduate art studies shall be carried out in compliance with the regulations of postgraduate art studies which are approved by the Government. Postgraduate art students may receive scholarships in accordance with the procedure laid down by the Government. The equivalence of postgraduate art studies to the appropriate studies in accordance with the system of the composition of studies, approved by this Law, shall be established by the Government.
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4.Chapter IX of this Law shall be valid until 1 January 2010.
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5.Paragraphs 2 and 12 of Article 20, paragraphs 2 and 3 of Article 21, paragraphs 2 and 7 of Article 22 of this Law shall be applied to the management bodies of those state higher education institutions whose legal form is a budgetary establishment, where such bodies are formed in accordance with the procedure laid down by this Law. Elected or formed before the entry into force of this Law the management bodies of a state higher education institution, whose legal form is a budgetary establishment, shall perform their duties in accordance with the procedure laid down by the statute of the higher education institution, in as much as it is in compliance with this part of the paragraph, until the expiry of the term of office set at the moment the said bodies were formed, but not longer than until the restructuring of the state higher education institution into a public establishment, with the exception of state colleges in which the management bodies were formed not earlier than the year 2007, or until the formation (election) of new management bodies, or until 31 December 2011.
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Members who are appointed by scientists, teaching staff, administration and other employees to the first councils of state higher education institutions set up in accordance with the procedure laid down by this Law shall be appointed by way of election in accordance with the procedure laid down by the Ministry of Education and Science. Upon the entry into force of this Law, the rector (director) of a state higher education institution shall be elected (appointed) only by that council of the state higher education institution which has been set up in accordance with the procedure laid down by this Law. Where there is no council of a state higher education institution set up in accordance with the procedure laid down by this Law, the powers of the rector (director) of the state higher education institution shall be extended until the election of a new rector (director) of the state higher education institution, but not longer than for six months.
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6.The provisions of Chapter VIII of this Law concerning the management, use and disposal of the assets of state higher education institutions shall be applied to those state higher education institutions which have been restructured into public establishments and in which the management bodies have been formed (elected), appointed in compliance with the provisions of this Law.
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7.The provisions of Chapter IV of this Law regulating the establishment, termination and restructuring of higher education and research institutions, the authorization to deliver studies and/or to carry out activities related thereto shall be applied to the procedures of the establishment, termination and restructuring, the authorization to deliver studies and/or to carry out activities related thereto which started following the entry into force of this Law. If the procedures of the establishment, termination and restructuring of higher education and research institutions, the authorization to deliver studies and/or to carry out activities related thereto started before the entry into force of this Law, such procedures shall be completed pursuant to the then valid laws.
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8.The provision of paragraph 4 of Article 65 of this Law which determines that an employment contract of unlimited duration shall be concluded with the persons who win the competition to fill the position of a teacher or a research worker for the second time in succession shall be applied only in the cases when such procedures are carried out only after the entry into force of this Law or when the competition to fill the position of the professor is won by the person who has previously won such a competition twice in the same state higher education institution.
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9.The increase of state-funded student places in 2009 and 2010 according to separate study programmes of state higher education institutions may not exceed the number of student places fixed by the Ministry of Education and Science.
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Article 96Restructuring of state higher education institutions from budgetary establishments into public establishments
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1.State higher education institutions shall be restructured from budgetary establishments into public establishments pursuant to the provisions of the Civil Code.
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2.The Government shall take a decision regarding the investment in state higher education institutions of the assets belonging to the State by the right of ownership. When state higher education institutions are restructured into public establishments, immovable property may not be invested in such institutions.
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3.After the restructuring of a state higher education institution into a public establishment, all the rights and duties which that state higher education institution acquired when it was a budgetary establishment shall be transferred to it.
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4.Within twelve months of the entry into force of this Law, state universities shall apply to the Ministry of Education and Science concerning the setting-up of a council of a higher education institution provided for in this Law and shall apprise the Ministry of the members who are being appointed to the said council by the higher education institution.
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Article 97Restructuring of non-state higher education institutions
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Non-state higher education institutions established before the entry into force of this Law shall, upon the decision of the founder (member of the legal person), have the right to change the legal form of the non-state higher education institution to that legal form of a private legal person which the founder chooses at his own discretion.
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Article 98Repealing of Legal Acts
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Upon the entry into force of this Law, the following laws shall be repealed:
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1)the Republic of Lithuania Law on Science and Studies (Official Gazette, 1991, No. 7-191);
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2)the Republic of Lithuania Law on Science and Studies (Official Gazette, 2000, No. 27-715);
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3)the Republic of Lithuania Law Amending Articles 5, 9, 11, 15, 34, 40, 51, 54, 56, 59, and 67 of the Law on Higher Education (Official Gazette, 2001, No. 16-496);
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4)the Republic of Lithuania Law Amending Article 2, the Title of Chapter II, Articles 14, 15, 17, 27, 28, 29, 37, 39, 41, 47, 48, 54, 56, 57, 58, 59, 60, 61, 62, 63, 66, and 67, and Repealing Articles 18, 64, 65, and 68 of the Law on Higher Education (Official Gazette, 2002, No. 3-75);
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5)the Republic of Lithuania Law Amending the Law on Science and Studies (Official Gazette, 2002, No. 68-2758);
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6)the Republic of Lithuania Law Amending Articles 59 and 67 of the Law on Higher Education (Official Gazette, 2002, No. 71-2968);
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7)the Republic of Lithuania Law Amending Articles 2, 3, 13, 15, 16, 17, 19, 22, 23, 24, 32, 36, 37, 39, 40, 41, 42, 44, 47, 48, 49, 54, 56, 57, 58, 59, 60, 61, 62, 63, and 67 (Official Gazette, 2003, No. 47-2058);
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8)the Republic of Lithuania Law Amending Article 24 of the Law on Science and Studies (Official Gazette, 2004, No. 158-5756);
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9)the Republic of Lithuania Law Amending the Law on Higher Education and the Law on Science and Studies (Official Gazette, 2005, No. 85-3136);
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10)the Republic of Lithuania Law Amending the Law on Higher Education and the Law on Science and Studies (Official Gazette, 2006, No. 87-3395);
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11)the Republic of Lithuania Law Amending Article 11 of the Law on Science and Studies (Official Gazette, 2007, No. 105-4287);
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12)the Republic of Lithuania Law Amending Articles 22, 23, 25, 47, 56, 58, 59, 60, and 61 of the Law on Higher Education (Official Gazette, 2008, No. 73-2798);
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13)the Republic of Lithuania Law Amending Article 10 of the Law Amending Articles 22, 23, 25, 47, 56, 58, 59, 60, and 61 of the Law on Higher Education (Official Gazette, 2008, No. No 127-4832);
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I promulgate this Law passed by the Seimas of the Republic of Lithuania.
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PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS