Official translation

Official translation Official translation REPUBLIC OF LITHUANIA LAW ON THE AMENDMENT OF THE LAW ON ADMINISTRATIVE PROCEEDINGS 14 January 1999 No. VIII-1029 Vilnius (New edition by 19 September 2000 No. VIII-1927) Article 1. Revised Version of the Law of the Republic of Lithuania on Administrative Proceedings The Law of the Republic of Lithuania shall be amended and set forth to read as follows: "LAW OF THE REPUBLIC OF LITHUANIA ON ADMINISTRATIVE PROCEEDINGS CHAPTER ONE GENERAL PROVISIONS SECTION ONE BASIC PROVISIONS Article 1. Purpose of the Law 1. This Law establishes the procedure for the hearing of administrative cases  concerning disputes arising from administrative legal relations. 2. When hearing the cases, the administrative court shall be governed by the norms of this Law  and by the norms of the Code of Civil Procedure where a direct reference is made thereto by this Law. 3. The procedure of hearing administrative cases of different categories may also be regulated by other laws. Article 2. Definitions As used in this Law, 1. “Public administration” means executive activity of state and local government institutions and other entities empowered by law, which is regulated by laws and other legal acts and the purpose whereof is implementation of laws, other legal acts and decisions of municipal institutions as well as administration and rendering of the public services provided for .    2. “Internal administration” means activities of administration whereby the functioning (structure handling, personnel management, management and administration of available material financial resources) of a particular state or local government institution, agency, service or organisation is ensured so as to enable it to implement in the due manner the tasks of public administration or other  state activities assigned to it. 3. “Entities of administration” means entities which implement the functions of  public or internal administration. 4. “Entities of public administration” means institutions, agencies, services, employees (officers) having the rights of public administration granted by law and implementing in practice the executive power or certain functions thereof. Enterprises and organisations granted by law the powers of public administration shall also be attributed to the entities of public administration. Note. The classification of employees (officers) according to administrative powers granted to them is specified and their belonging to the entities of administration of a certain type is defined by the laws regulating public service or other special laws. 5. “System of public administration” means the system comprised of: 1) entities of state administration, 2) entities of municipal administration,  3) other entities of administration. The above entities of public administration shall be granted the powers of public administration by laws or other legal acts adopted on the basis thereof.  6. “Entities of state administration” means state institutions, agencies, services as well as  public servants (officers), who are conferred by law the rights of public administration. The entities of public administration shall be divided into central and territorial entities of public administration. 7. “Central entities of state administration ” (institutions, agencies, services, enterprises,  their employees (officers) means entities  which  effect administration in  the entire territory of the state. 8. “Territorial entities of state administration” (institutions, agencies, services, their employees (officers) means entities which effect  administration in the designated territory. 9. “Entities of municipal administration” means the municipal council, municipal controller, the mayor, the board, also agencies, services, enterprises subordinate to them,  municipal public servants (officers) who are granted by law or by the decisions of the municipal council the rights of public administration in the territory of the municipality. 10. “Other entities of public administration” means public institutions, enterprises and NGOs, empowered in the manner prescribed by law to effect public  administration.  11. “Collegial body” means an institution in which the decisions are taken not by the head of the institution alone, but by a group of persons by a majority vote. 12. “Person” means a natural person or a group of natural persons, a legal person, or a person without the rights of a legal person. 13. “Statutory act” means a law, administrative or any other legal act which establishes the rules of conduct for group of entities, not characterised by individual features. 14. “Individual legal act” means a single act of law application, intended for a particular entity or a group of entities characterised by individual features. 15. “Administrative act” means a legal act adopted by an entity of administration in the exercise of administrative functions. 16. “Administrative-legal relations” means public relations developing in the process of effecting public administration as well as internal  administration, which are regulated by laws and other statutory acts. 17. “Administrative disputes” means conflicts of persons with the entities of public administration or conflicts between entities of public administration which are not subordinate to each other. The disputes between the employees and the administration as well as electoral disputes shall also be attributed to administrative disputes. 18. “Tax disputes” means disputes between the taxpayer (or the person deducting the tax) and the tax administrator or his officer regarding tax calculation or payment as well as  underpayment or overpayment of tax. 19. "Office-related disputes" means disputes arising between public servants empowered to effect public administration and the administration, connected with the acquisition of the status of a public servant, change in the status or loss thereof and the application of disciplinary measures. 20. “Complaint, petition” means the forms of appeal to the empowered institution requesting the resolution of an administrative dispute. Complaints shall be lodged with the empowered institution by private persons, whereas state and municipal institutions, their representatives, public servants shall file petitions. Laws may also provide for other forms of appeal. Article 3.  Disputes over Issues of Law 1. The Administrative court shall settle disputes over issues of law in  public or internal administration. 2. The court shall not offer assessment of the disputed administrative acts and acts (or omission) from the point of view of political or economic expediency and shall only establish whether or not there has been in a particular case a violation of a law or any other legal act, whether or not the entity of  administration has acted within the limits of its competence, also whether or not the act (action) complies with the objectives and tasks for the purpose whereof the institution has been set up and vested with appropriate powers. Article 4. Application of Laws in the Hearing of Administrative Cases 1. The court may not apply laws which conflict with the Constitution. 2. Where there is ground to believe that the law or the act applicable in a particular case contravenes the Constitution, the court shall suspend the hearing of the case and, in view of the competence of the Constitutional Court of the Republic of Lithuania, apply to it with a request to determine whether the aforesaid law or other legal acts complies with the Constitution. Having received the ruling of the Constitutional Court, the court shall resume the hearing of the case. The above rules shall also be applicable in the cases where the court questions compliance of the decree of the President of the Republic or the act of the  Government, which are applicable in a certain case, with the laws or the Constitution. 3. The administrative proceedings shall be held according to the laws of administrative procedure effective at the moment of hearing of the case, during the performance of individual procedural steps or execution of court decisions. 4. In case of conflict of the norms of this Law and those of other laws (with the exception of special laws), the court must follow the norms of the Law on Administrative Proceedings. 5. In case of the absence of a law regulating the matter of the dispute, the court shall apply the law regulating similar matters, while in case of the absence of such a law, the court shall conform to the common fundamentals of laws and their meaning, as well as to the criteria of justice and reasonableness. Article 5. Right to Apply to the Court for Remedy 1. Every interested entity shall be entitled to apply to the court, in the manner prescribed by law, for the protection of his infringed or contested right or interest protected under law. 2. Waiver of the right to apply to the court shall be inadmissible. 3. The court shall accept an administrative case for consideration: 1) on the complaint or petition of the person or his representative, applying for the protection of his right or interest protected under law; 2) on the petition for the protection of the rights of other persons lodged by the institutions or agencies specified by laws or by the employees thereof; 3) on the petition for the protection of state or other public interests lodged in the cases established by law by the prosecutor, entities of administration, state control officers, other state institutions, agencies, organisations or natural persons; 4) on the petition for the protection of the rights of municipalities in the sphere of public administration; lodged by municipal  institutions, agencies, services 5) in the cases established by law, on the petition for the resolution of administrative disputes lodged by  entities of public administration. Article 6. Courts as the Only Institution Administering Justice In administrative cases justice shall be administered only by the courts guided by the principle of equality of all persons before the law and the court, irrespective of their sex, race, nationality, language, origin, social status, religion, convictions or views, type and character of activity, place of residence and other circumstances. Article 7. Judicial Independence 1. When dispensing justice, the judges and courts shall be independent and obey only the laws. The judges and courts shall hear administrative cases on the basis of laws and under such conditions which do not provide conditions for influencing the judges' decisions. 2. The interference with the activities of the judge or the court by the institutions of State government and administration, members of the Seimas and other officers, political parties, political or public organisations or natural persons shall be prohibited and shall make them liable under law. 3. Rallies, pickets and other actions held at a less than 75-metre distance from the court house and in the court house, aimed at influencing the judge or the court, shall be treated as interference with the activities of the judge or the court and shall be prohibited. 4. In case of interference with the activities of the court or the judge dispensing justice, the court or the judge must react in the manner prescribed by law. Article 8. Investigation of Cases Open to the Public 1. The hearing of cases at administrative courts shall be held in public. The presence in the courtroom of persons who are under the age of 16 shall not be allowed, unless they are parties to the proceedings or witnesses. 2. The court may hold a closed session seeking to protect the privacy of personal or family life, also where public hearing of the case may disclose a state, official, professional or commercial secret. The court shall issue a justified order on the issue. Parties to the proceedings and, where necessary, witnesses, specialists, experts and interpreters may also appear in a closed session of the tribunal. 3. The principle of hearing the cases in open sessions shall also be not applicable where the law prescribes written proceedings for the hearing of  complaints and cases.  Article 9. Language of the Judicial Proceedings 1. Administrative proceedings shall be held, decisions shall be made and announced in the Lithuanian language. 2. Before being submitted and announced, the documents drawn up in other languages shall be translated into the Lithuanian language and certified in the prescribed manner. 3. Upon the resolution of the judge who is preparing the case for hearing or of the court hearing the case, a document drawn up in another language may be translated at the court session by a translator. 4. Persons who have no command of the Lithuanian language shall be guaranteed the right to have the assistance of an interpreter. The services provided by the interpreter shall be paid for from  the State budget. Article 10. Explaining to the Parties to the Proceedings their Rights and Duties The court must explain to the parties to the proceedings their procedural rights and duties, warn them of the consequences of the performance of or failure to perform  procedural actions and assist the said persons in exercising their procedural rights. Article 11. Use of Technical  Means in the Court 1. The court may use any technical means for recording the court hearing  and for recording and investigating the evidence. 2. Exercising their procedural rights, parties to the proceedings may audio-record the hearing. The parties must notify the court of the audio-recording being made. 3. Other persons shall be prohibited from filming, making photographs, audio-or video-recordings or using any other technical means during the hearing. 4. Persons who act in violation of the above prohibition of the use of technical means during the hearing shall be held liable under  law. Article 12. Public Character of the Case Material 1. The material of the heard administrative case, except for the material of the cases heard in a closed session of the court, shall be public and available for examination to the interested persons, including the persons who were not parties to the proceedings. The persons shall acquire the said right after the decision disposing of the case or the order to dismiss the case or to leave the petition unconsidered becomes effective. 2. When issuing the final decision in the public hearing of the case or making an order to dismiss the case or to leave the petition unconsidered or having received a petition for granting access to the case material, the court shall have the right, upon the petition of the parties to the proceedings or on its own initiative, to determine by a reasoned order that the case material or part thereof is not of public character, provided this is necessary for the protection of the person's personal identity, private life and property, also for preserving confidentiality of the information relating to the person's health, also where there is a good ground to believe that a state, official, professional or commercial secret will be disclosed. A separate appeal may be filed against the order.  3. Seeking access to the material of the case which has been heard, a person shall file a standard form petition, indicating in it his name, surname, place of residence and personal code. The procedure of granting access to the material of a case that has been heard shall be established by the Ministry of Justice and the Archives Department of Lithuania. Article 13. Formation of a Uniform Court Practice 1. A uniform administrative court practice in applying the laws shall be formed by the Supreme Administrative  Court of Lithuania. 2. The Supreme Administrative  Court of Lithuania shall pronounce the decisions, rulings and orders made under the appeal procedure at the plenary session, also decisions, rulings  and orders made under the appeal procedure by  the chambers of five or seven judges as well as all decisions made in relation to legality of administrative acts. When applying the laws, the courts, state and other institutions as well as other entities shall have regard to the interpretation of the application of laws, given in the decisions and orders pronounced in the established manner. 3. The Supreme Administrative Court of Lithuania shall examine the case-law practice of administrative courts in the application of the laws and shall give appropriate interpretation on the issue.. 4. The Supreme Administrative Court of Lithuania when examining the practice of the administrative courts may consult the courts on the general issues of the application of laws. 5. The Supreme Administrative  Court of Lithuania shall publish the bulletin "Administracinių teismų praktika" (Practice of Administrative Courts). Article 14. Binding Effect of the Court Decision, Ruling  and Order 1. An effective court decision, ruling  and order shall have a binding effect on all state institutions, officers and public servants, enterprises, agencies, organisations, other natural and legal persons and must be executed within the entire territory of the Republic of Lithuania. 2. The binding effect of the court decision, ruling and order shall not deprive the interested persons of the right to apply to the court for the protection of the rights and interests protected under the law, the dispute in respect of which has not been heard and resolved in the court. SECTION TWO COMPETENCE OF ADMINISTRATIVE COURTS Article 15. Cases Assigned to the Competence of the Administrative courts 1. Administrative courts shall decide cases relating to: 1) lawfulness of legal acts passed and actions performed by the entities of public administration, also the legality and validity of refusal by the said entities to perform the actions within the remit of their competence or delay in performing the said actions; 2) lawfulness of acts passed and actions performed by the entities of municipal administration, also the legality and validity of refusal by the said entities to perform the actions within the remit of their competence or delay in performing the said actions; 3) compensation for material and moral damage inflicted on a natural person or organisation by unlawful acts or omission in the sphere of public  administration by state or municipal institutions, agencies, services and their employees (Civil Code, Article 485); 4) payment, repayment or exaction of taxes, other mandatory payments and levies, the application of financial sanctions  and the tax disputes; 5) office-related disputes, where one of the parties is a public or municipal servant possessing the powers of public administration (including officers and heads of agencies); 6) decisions of the Chief Institutional Ethics Commission and  petitions by the said Commission for the severance of service relations with public servants; 7) disputes between the entities of public administration which are not subordinate to one another concerning competence or breaches of laws, except for civil litigation cases assigned to the courts of general jurisdiction; 8) violation of the election laws and the Law on the Referendum; 9) complaint against the decision in the case of administrative law violation; 10) lawfulness of the decisions made and actions performed in the sphere of public administration by public agencies, enterprises and NGOs with public administration powers, also lawfulness and validity of the refusal by the above entities to perform the actions assigned within their competence or delay in performing the said actions; 11) lawfulness of acts of general character passed by public organisations, communities, political parties, political organisations or associations; 12) complaints by aliens about the refusal to issue permits for residence and work in Lithuania or withdrawal of such permits as well as complaints about the status of the refugee. 2. Other cases may also be assigned by law to the competence of administrative courts. Article 16. Cases not Assigned to the Competence of Administrative Courts 1. Administrative courts shall not hear cases assigned to the competence of the Constitutional Court, also cases assigned to the courts of general jurisdiction and other specialised courts. 2. Investigation of the activities of the President of the Republic, the Seimas, members of the Seimas, the Prime Minister, the Government (as a collegial body), judges of the Constitutional Court, the Supreme Court of Lithuania and the Court of Appeals of Lithuania, procedural actions of judges of other courts, also of prosecutors, investigators, persons conducting an inquiry and court bailiffs, connected with the administration of justice or investigation of a case as well as the execution of decisions shall be outside the remit of competence of administrative courts. 3. District courts shall be the courts of first instance hearing cases relating to administrative offences in accordance with the Code of Administrative Offences. Certain cases of administrative law violations provided for by the above Code shall also be heard by other state institutions (officers) authorised by laws. Article 17. Assignment of Administrative Cases to Courts 1. In case of joinder of several interconnected claims some of which are assigned to the competence of the court, whereas the others are outside the remit of competence of judicial institutions, all the claims must be heard  in court. 2. If the assignment of a particular dispute raises doubts or results in the collision of effective laws, the dispute shall be heard in court. 3. If there are several interconnected claims in the case, some of which are assigned to the Vilnius Regional Administrative Court, whereas other claims are within the competence of administrative courts of  other counties,  the case must  be heard  at the Vilnius Regional Administrative Court. 4. Where the defendants in the proceedings are several entities of administration who are within the territorial jurisdiction of different courts, the issue of assignment of the case shall be decided according to the seat of the superior entity of administration. If the entities of administration are of equal legal status, the claimant shall have the right to choose the court in which the case shall be heard. Article 18. Competence of the Regional Administrative Court 1. The Regional Administrative Court shall be the court of the first instance for the cases specified in Article 15 of this Law, if the claimant or the respondent is a territorial entity of state administration or an entity of municipal administration, except for the cases referred to in Article 15 paragraph 1 subparagraphs 6, 11 and 12 of this Law. 2. Where the procedure of preliminary extrajudicial investigation is not applied, the Regional Administrative Court shall hear the following cases as the court of the first instance: 1) cases relating to lawfulness of regulatory administrative acts adopted by the territorial entities of administration or entities of municipal administration; 2) cases relating to the petitions by the Seimas Ombudsmen in accordance with the Law on the Seimas Ombudsmen, where the respondent  is territorial entities of administration and entities of municipal administration; 3) cases relating to petitions lodged by  municipal councils regarding the infringement of their rights, where the respondent is territorial entities of state  administration; 4) on the petitions of the Government representative concerning the acts of municipal institutions and their officials, which are not in compliance with the Constitution of the Republic of Lithuania and the laws, concerning failure to implement laws and Government resolutions, concerning the lawfulness of the acts or actions infringing the rights of the residents and organisations; 5) cases concerning compensation for material and moral damage inflicted on  a natural person or organisation  by unlawful acts or omission in the sphere of public administration by territorial state or municipal institutions, agencies, services and their staff performing their official  duties (Civil Code, Article 485); 6) in respect of office-related disputes in which one of the parties is a public servant or municipal employee with powers of public administration, with the exception of cases where the claimant or the respondent is a central institution, agency, service of administration or a staff member of any of the above and provided that the Law on Public Service does not prescribe any other dispute resolution procedure; 7) on the petitions in the event of disputes about competence or violation of laws between the entities of public administration not subordinate to each other (Article 15 paragraph 1 subparagraph 7 of this Law), except in cases where one of the parties to the dispute is a central  administration institution, agency, service; 8) cases  relating to complaints about the decisions of state institutions (officers) in the cases of administrative offences; 9) cases relating to complaints against the decision of the district electoral committee or the decision of the district committee for the Referendum on the mistakes made in the voter list or in the list of citizens entitled to participate in the Referendum; 10) concerning the petitions requesting to ensure enforcement of decisions of the administrative disputes commissions. 3. The Regional administrative court shall also be the court of the first instance for investigating complaints (petitions) against the decisions of the Chief Administrative Disputes Commission, the Tax Disputes Commission and, in cases provided for by law, also against the decisions adopted by other institutions for preliminary extrajudicial  investigation of disputes. Article 19. Additional Competence of the Vilnius Regional Administrative Court 1. Along with the competence established in Article 18 of this Law, the Vilnius Regional Administrative Court shall be the court of the first instance in the cases pointed out in Article 15 of this Law, when the claimant or respondent is an entity of central administration, with the exception of the cases on the lawfulness of the regulatory administrative acts adopted by entities of central administration, as well as the cases pointed out in Subparagraph 11 of Paragraph 1 of Article 15 of this Law. 2. The Vilnius Regional Administrative Court, as a court of the first instance, shall hear the following cases without application of the procedure of preliminary extrajudicial investigation: 1) cases relating to the petitions by the Seimas Ombudsmen in accordance with the Law on the Seimas Ombudsmen, where the respondent is central entities of State administration; 2) cases relating to petitions lodged by municipal councils regarding the infringement of their rights, where the respondent is central entities of State administration; 3) cases concerning compensation for material and moral damage inflicted on a natural person or organisation by unlawful acts or failure to act in the sphere of public administration by a central administrative institution, establishment, service performing their official duties (Civil Code, Article 485); 4) in respect of office-related disputes in which one of the parties is a public servant with powers of public administration, in cases where the claimant or the respondent is a central institution, establishment, service of administration or a staff member of any of the above and provided that the Law on Public Service does not prescribe any other dispute resolution procedure; 5) cases subsequent to complaints concerning decisions adopted by the Chief Institutional Ethics Commission and petitions by the said Commission for the severance of service relations with public servants; 6) cases subsequent to the petitions in the event of disputes about empowerment or violation of laws regulating administrative relations (Subparagraph 7 of Paragraph 1 of Article 15 of this Law) in cases where the claimant or the respondent is a central administrative institution, establishment or service; 7) cases subsequent to complaints by aliens about the refusal to issue permits for residence and work in Lithuania or withdrawal of such permits, as well as complaints about the status of the refugee; 8) cases subsequent to complaints requesting to guarantee the implementation of decisions by the Chief Administrative Disputes Commission. 3. The Vilnius Regional Administrative Court shall also be a court of the first instance for investigating complaints (petitions) against the decisions of the Chief Administrative Disputes Commission, the Tax Disputes Commission and, in the cases provided for by law, also against the decisions taken by other institutions under the procedure of preliminary extrajudicial investigation of disputes. Article 20.  Competence of the Supreme Administrative  Court of Lithuania 1. The Supreme Administrative  Court of Lithuania is: 1) the appellate instance for cases heard by the administrative courts as courts of the first instance, including cases concerning administrative offences; 2) the appellate instance for hearing cases on administrative offences, which have been heard by district court; 3) the single and last instance for the cases relating to the lawfulness of regulatory administrative acts adopted by the central entities of state administration as well as for the cases referred to in Article 15 paragraph 1 subparagraph 11 of this Law; 4) the last instance for the cases relating to the complaints against the decisions or omission of the Central Electoral Committee, with the exception of those assigned to the competence of the Constitutional Court; 5) the last instance for deciding the issues concerning the assignment of administrative cases to the relevant courts. 2. The Supreme Administrative  Court of Lithuania shall  hear petitions for renewal  of proceedings in administrative cases, including cases of administrative offences, which have been disposed of by virtue of an effective court decision, ruling or order. 3. The Supreme Administrative  Court of Lithuania shall form the uniform practice of the administrative courts in applying laws. 4. The Supreme Administrative  Court of Lithuania shall also  fulfil other functions assigned to its competence by laws. Article 21. Determination of the Issues regarding the Amenability of the Case to the Jurisdiction of Relevant Courts 1. The issues of whether the case is amenable to the jurisdiction of the court of general jurisdiction or to the administrative court shall be decided in the course of written proceedings by a special chamber of judges comprising the Chairman of the Civil Division of the Supreme Court of Lithuania, the Chairman of the Civil Division of the Court of Appeals of Lithuania as well as the Chairman of the Supreme Administrative  Court of Lithuania and his deputies or the judges assigned by the chairmen of the relevant courts. 2. Motivated petitions or orders to determine the issues of assignment of the case to the relevant courts shall be filed through the Supreme Administrative  court of Lithuania. The sessions of the chamber shall be presided over in rotation by the Chairman of the Civil Division of the Supreme Court of Lithuania and the Chairman of the Supreme Administrative  Court of Lithuania. The decision shall be taken by a majority vote. In case of a tie vote, the presiding judge shall have the casting vote. The order concerning the case being subject to the jurisdiction of relevant courts shall not be subject to appeal. SECTION THREE GENERAL PROVISIONS CONCERNING THE COMPLAINTS/PETITIONS Article 22. Right to File a Complaint/Petition 1. Persons as well as other entities of public administration, including state and municipality public administration employees, officers and agency heads shall have the right to file a complaint/petition against an administrative act adopted by an entity of public or internal administration or against the act (omission) of the above entities if they believe that their rights or interests protected by law have been infringed. 2. The complaint/petition shall be filed directly with the administrative court in the cases provided for in Article 18 paragraph 2 and Article 19 paragraph 2 of this Law. 3. In the cases provided for by law the complaint/petition shall be filed in the first instance with the administrative disputes commission or any other institution for preliminary extrajudicial investigation of disputes, thereafter the complaint may be also be filed with the administrative court. 4. In other cases the complaint/petition may be filed at the claimant's discretion either with the administrative disputes commission or directly with the administrative court. 5. A complaint/petition may be sent by post, except in case of disputes provided for in Article 18 paragraph 2 subparagraph 9 and Article 20 paragraph 1 subparagraph 4 of this Law.  If the complaint/petition is sent by fax, the original copy of the complaint/petition must be within three days filed with the court. Article 23. The Form and Contents of the Complaint/Petition 1. Complaints/petitions shall be filed with the administrative disputes commission or administrative court in writing. 2. The complaint/petition must contain the following: 1) the name of the commission or the court with which the complaint/petition is filed; 2) the claimant's name, surname (name of the institution), personal code number (code number),  place of residence (seat), also name, surname and address of his representative, if any; 3) name, surname, personal code number (if known), the office of the public servant whose actions are complained about or the name, seat of the institution (entity of administration); 4) name, surname (name), personal code number (code number, if known), place of residence (seat) of the third interested persons; 5) the particular contested action (omission) or act, date of its performance (adoption); 6) the circumstances upon which the claimant's claim is based, supporting evidence, surnames, first names and place of residence of witnesses, location of other evidence; 7) the claimant's claim; 8) the list of  attached documents; 9) place and date of the drawing up of the complaint/petition. 3. The complaint/petition shall be signed by the claimant or his representative. The power of attorney or any other document confirming the representative’s authorisation must be attached to the complaint/petition filed by the representative. Article 24. Documents Accompanying the Complaint/Petition 1. The following documents shall be attached to the complaint/petition: the challenged act; a relevant decision of the administrative disputes commission  or any other institution for preliminary extrajudicial investigation of disputes if the complaint/petition has been heard  in the administrative disputes commission or any other institution for preliminary extrajudicial investigation of disputes; if  necessary -- a document confirming the date of filing of demands or objections addressed to the institution, agency, service against which the complaint is lodged. 2. The stamp duty receipt or a justified request for exemption must be attached to the complaint/petition, except in the cases specified in Article 40 of this Law. 3. The number of copies of the complaint/petition and the attached subparagraphs must be sufficient to deliver copies thereof to each party to the proceedings, with a copy of documents being reserved for the court file. SECTION FOUR PRELIMINARY EXTRAJUDICIAL CONSIDERATION OF COMPLAINTS/PETITIONS Article 25. Preliminary Extrajudicial Investigation of Disputes 1. Before applying to the administrative court, individual legal acts adopted by public administration entities provided for by law as well as their acts/omission may be and in the cases established by law must be contested by applying to the institution for preliminary extrajudicial investigation of disputes. 2. When a complaint/petition is filed for extrajudicial investigation of the dispute, the form and contents thereof must meet the requirements set in Article 23 of this Law. Article 26. Administrative Disputes Commissions, the Procedure of their Establishment and Work 1. Unless the laws provide otherwise, preliminary extrajudicial investigation of  disputes shall be carried out by municipal public administrative disputes commissions, Regional administrative disputes commissions and the Chief Administrative Disputes Commission. 2. The procedure of establishment of administrative disputes commissions and the principles of their work shall be laid down by a separate law. 3. The decisions or actions/omission of entities of tax administration  on the issues of taxes, other mandatory payments, except for tax-related disputes, may be filed selectively with either the Tax Disputes Commission or directly with the administrative court. The obligatory preliminary extrajudicial consideration of tax-related disputes shall be established by tax laws. 4. Other institutions for preliminary extrajudicial investigation of disputes may also be prescribed by law for certain categories of administrative disputes.  Article 27. The Competence of Municipal and Regional Administrative Disputes Commissions 1. Unless otherwise established by law, a person’s complaint concerning individual administrative acts adopted by entities of public administration or their acts (or omission) may be filed with the municipal public administrative disputes commission. 2. Unless the laws provide otherwise, a complaint/petition concerning individual administrative acts adopted by territorial entities of state  administration located in the Regional,  their acts (or omission), also concerning individual administrative acts adopted by the entities of municipal  administration located in the Regional territory or their acts (or omission) may be filed with the Regional administrative disputes commission. Article 28. Competence of the Chief Administrative Disputes Commission  Unless the laws provide otherwise, complaints/petitions concerning administrative acts or acts (or omission) in the sphere of public administration, where one of the parties to the dispute is the central entity of state administration, may be filed with the Chief Administrative Disputes Commission. Article 29. Disputes outside the Jurisdiction of Administrative Disputes Commissions Municipal, Regional administrative disputes commissions and the Chief Administrative Disputes Commission shall not settle disputes specified in Article 18 paragraph 2 and 3, Article 19 paragraphs 2 and 3 and Article 20 paragraph 1 of this Law, also disputes related to taxes, other mandatory payments and charges.. Article 30. Time Limits for Filing Complaints/Petitions with Administrative Disputes Commissions 1. A complaint/petition must be lodged with the administrative disputes commission within one month from the publication of the challenged administrative act or the day of delivery to the party concerned of the individual act or its notification of the acts (omission) of the administration (employees) or within two months from the day of expiry of the time limit set for complying with the demand. 2. In cases where the administration (employees) fail to perform their duties or delay the adoption of decisions, a complaint about such omission/delay may be lodged within two months from the day of expiry of the time limit set for the settlement of the issue. Article 31. Time Limits for Preliminary Extrajudicial Investigation of Complaints 1. An complaint/petition filed with the administrative disputes commission  must be investigated by extrajudicial procedure and a decision thereon must be made within fourteen days from the receipt of the complaint. 2. As necessary, the total time-limit for considering the dispute may be extended for an additional period of fourteen days upon a justified decision of the commission. SECTION FIVE BASIC RULES OF FILING COMPLAINTS/PETITIONS WITH THE ADMINISTRATIVE COURT Article 32. Filing of Complaints/Petitions with the Administrative Court Contesting the Decision of the Commission 1. The decision of an appropriate administrative disputes commission or any other institution for preliminary extrajudicial investigation of disputes, adopted after investigating an administrative dispute in accordance with the extrajudicial procedure, may be appealed against to the administrative court by any of the parties to the dispute, contesting the decision of the administrative disputes commission or any other institution for preliminary extrajudicial investigation of disputes. In such an event the administrative court may  be appealed to within 20 days of the day of  receipt of the decision. 2. If the administrative disputes commission or any other institution for preliminary extrajudicial investigation of disputes fails to consider the complaint/petition within the prescribed time limit, the entities specified in Article 22 paragraph 1 of this Law may file with the administrative court an complaint/petition about the infringed right within two months from the day by which the decision ought to have been taken. 3. After a complaint has been lodged against the decision of the administrative disputes commission or any other institution for preliminary extrajudicial investigation of disputes, the procedural status of the parties to the dispute shall not change. Article 33. Other Time Limits for Filing Complaints/petitions with the Administrative Court 1. Unless a special law establishes otherwise, a complaint/petition may be filed with the administrative court within one month from the day of publication of the contested act or the day of delivery of the individual act to party concerned or the notification of the party concerned of the act (or omission) or within two months from the day of expiry of the time limit set by a law or any other legal act for the compliance with the demand. 2. If the entity of public or internal administration delays the consideration of a certain issue and fails to resolve it by the due date, a complaint about such failure to act (such delay) may be lodged within two months from the day of expiry of the time limit set by a law or any other legal act for the settlement of the issue. 3. No time limits shall be set for the filing of petitions for the review of the lawfulness of administrative legal acts with the administrative court. Article 34 Restoration of the Status Quo Ante 1. If it is recognised that the time limit for filing a complaint/petition have not been observed for a good reason and there are no circumstances specified in a 37 paragraph 2 subparagraphs 1 to 7 of this Law, at the claimant's request the administrative court may grant restoration of the status quo ante. 2. The petition for the restoration of the status quo ante shall indicate the reasons of failure to observe the time limit and present the evidence confirming the reasons of failure to observe the time limit. The complaint/petition shall be filed with the administrative court together with the petition for the restoration of the status quo ante. 3. The petition for the restoration of the status quo ante for filing the complaint/petition shall be considered by the chairman of the court, the judge or the chamber of judges formed by the chairman of the court in accordance with the written proceedings within ten days from the filing with the court of the petition accompanied by the evidence confirming the reasons. The claimant may file a separate appeal against the order to refuse granting the restoration of the status quo ante in case of failure to observe the time limit for filing the complaint. Upon the entry into effect of the order to refuse granting the restoration of the status quo ante in case of failure to observe the time limit for filing the complaint, the complaint shall be returned to the claimant. 4. Having granted the restoration of the status quo ante, the administrative court shall resolve the issue of acceptance of the complaint/petition and shall render decision on the merits in accordance with the procedure established by this Law. Article 35. Filing of Complaints/Petitions according to the Location of the Institution The complaint/petitions hall be filed with the administrative court within the territory of whose jurisdiction the seat of the entity of public or internal  administration whose legal acts or acts/or omission are contested is located. Article 36. The Claim of the Seimas Ombudsman In cases where, pursuant to the Law on the Seimas Ombudsmen, the Seimas Ombudsman applies to the administrative court on account of the citizen’s complaint, his petition must be in compliance with the requirements of Article 23 paragraphs 1 and 2 and Article 24 paragraph 3 of this Law. Article 37. Admission of the  Complaint/Petition 1. After the court has received a complaint/petition, the chairman or the judge of the administrative court shall within seven days decide the issue of acceptance thereof by making an order. If the complaint/petition does not comply with the requirements set in Articles 23, 24 and 39 of this Law, the order shall set the time limit for rectifying the shortcomings. In case of failure to rectify the shortcomings within the time limit set by the court, the complaint/petition shall be deemed not to have been filed and shall be returned to the claimant by virtue of a court order. A separate appeal may be filed against the order to return the complaint/petition to the claimant. 2. The chairman of the administrative court or the judge/the court shall by virtue of an order declare the complaint/petition not receivable if: 1) the complaint/petition is not subject to investigation by the court; 2) the case does not come within the jurisdiction of the court; 3) the claimant has not complied with the procedure for extrajudicial consideration of the case established by the law for the cases of the said category; 4) the court decision adapted in relation to a dispute between the same parties thereto, regarding the same subject matter and on the same ground, or a court order to accept the claimant's withdrawal of the complaint/petition has become effective; 5) the court seised is of a case relating to a dispute between the same parties, regarding the same subject matter and on the same ground; 6) the complaint/petition is filed by a legally incapacitated person; 7) the complaint/petition is filed on behalf of the interested person by a person not authorised to conduct the proceedings; 8) the time limit for filing a complaint/petition has lapsed and the claimant has not requested to be granted the restoration of the status quo ante or the court has dismissed the request. 3. In the order declaring the complaint/petition not receivable the chairman of the court or the judge must indicate the institution the claimant has to apply to if the case is not subject to investigation by the court or the way of eliminating the circumstances which make the complaint/petition not receivable. The order must also direct that the stamp duty should be repaid in the cases where such duty was paid when filing the complaint/petition. A transcript of the order made by the chairman or judge of the court, declaring the complaint/petition to be not receivable, shall be within three days after the making of the order delivered or communicated to the claimant. A separate appeal may be filed against the order of the court chairman or judge to declare the complaint/petition to be not receivable. After the order becomes effective, the complaint/petition shall be returned to the claimant.    4. If the claimant fails to indicate in the complaint the respondent or the third interested party or indicates not the actual respondent or third interested party, or indicates the  persons whose rights and duties are not affected by the dispute, but sufficiently clearly defines in his complaint the subject matter of the dispute (indicates the contested legal act, the challenged act or omission to omission, or delay in performing actions) and the entity of administration the act adopted by whom, or whose act or omission, or delay constitutes the subject matter of the complaint, the chairman or judge of the court may eliminate the shortcomings by virtue of an order. In such case an order to declare the complaint/petition to be receivable shall be made, indicating who shall be included as the party to the administrative proceedings as the respondent/respondents and/or the third interested party/parties. The final decision on the replacement of a party by the appropriate one shall be made by the court during the preparatory part of the court session. SECTION SIX LEGAL COSTS Article 38. Stamp Duty Except in cases provided for by law, complaints/petitions shall be received and heard by the administrative courts only after the payment of the stamp duty prescribed by the law. Article 39. Amount of Stamp Duty 1. Every complaint/petition in the administrative cases, irrespective of the demands made therein,  shall be subject to a stamp duty in the amount of LTL 100, save for the exceptions specified in Articles 40 and 41 of this Law. 2. An appeal for the review of a court decision shall be subject to the stamp duty in the amount of LTL 50. Article 40. Complaints/Petitions Exempt from Duty 1. Exempt from stamp duty shall be complaints/petitions relating to: 1) delay by the entities of public  administration to perform the actions assigned within the remit of their competence; 2) awarding of pensions or refusal to award the same; 3) violations of election laws and the Law on the Referendum; 4) petitions by public servants and municipality employees when they concern legal relations in the office; 5) petitions by tax administrators and their officers concerning recovery of taxes and other payments into the budget, also their petitions concerning tax disputes; petitions by officers about the recovery of levies; 6) petitions by state and municipal control officers relating to the recovery into the State or municipal budgets of unlawfully received income or misappropriated grants, subsidies and allocations; 7) petitions, in the cases provided for by laws, by the prosecutors, entities of administration, other State institutions, agencies, organisations, services or natural persons, relating to the protection of State or other public interests, as well as the petitions by the government institutions, agencies or their staff members prescribed by laws concerning the protection of other individuals’ rights; 8) petitions by the Seimas Ombudsmen in accordance with the Law on the Seimas Ombudsmen; 9) petition by the Government representative concerning the acts adopted by municipal institutions, agencies, services as well as unlawful actions of their staff members; 10) imposition of administrative sanctions or refusal to impose the sanctions; 11) compensation for damage inflicted upon a natural person or organisation by unlawful acts/omission in the sphere of public administration of a State or municipal institution, agency, service or its staff member in the performance of official duties (Article 485 of the Civil Code). 2. Other petitions to the administrative court by the entities of public administration which are directly related to public administration functions performed by them shall also be exempt from stamp duty. 3. Exempt from stamp duty shall also be separate appeals by the parties to the proceedings, also appeals against decisions of administrative courts adopted on the complaints/petitions  specified in paragraphs 1 and 2 of this Article as well as petitions by entities specified in Article 110 paragraphs 1 and 2 of this Law, contesting the legality of an administrative act or other act of general character. 4. The court shall have the right to demand that stamp duty be paid by the persons who abuse the right to legal remedy (i.e. who appeal to the court without a valid reason or more than once a month).   Article 41. Exemption from Stamp Duty Having regard to the property status of a natural person or group of natural persons, the administrative court may grant them a full or partial exemption from stamp duty. The petition for exempting the natural person from stamp duty must be justified and substantiated by appropriate evidence.  Article 42. Repayment of Stamp Duty 1. The paid stamp duty or part thereof shall be repaid: 1) in case of overpayment in excess of the amount prescribed by law; 2) if the claimant withdraws his complaint/petition; 3) when the complaint/petition or petition is found to be not receivable or when they are returned to the claimant; 4) in the event of dismissal of the case where the case is not subject to investigation by the court  or when the claimant has not observed the procedure of preliminary extrajudicial settlement of dispute prescribed for the cases of the particular category and it is no longer possible to use the procedure; 5) when the complaint/petition is not admissible for hearing unless the claimant makes use of the possibility to follow the procedure of preliminary extrajudicial dispute settlement prescribed for the cases of the particular category where there is still an opportunity to make use of the same procedure; 6) when the complaint/petition is not admissible for hearing where the complaint/petition has been filed by a legally incapacitated person or the person not authorised to conduct the proceedings; 7) when the complaint filed with the court is found not receivable. 2. Stamp duty shall be repaid by the State Tax Inspectorate on the basis of the court or judge's order, provided that the petition has been filed with the court within at least two years of the date on which the judge's order to declare the petition not receivable or to return the petition as well as the court order to dismiss the case or to leave the petition unconsidered was made. Where an overpaid amount of the stamp duty is subject to be returned, the said time period shall run from the date of entry into effect of the court decision, order or ruling.   Article 43. Other Costs Relating to the Investigation of the Case 1. The following shall be attributed to costs relating to the investigation of the case: 1) amounts paid to the witnesses, specialists, experts and organisations of experts; 2) costs of publication in the press of information regarding the venue and time of the hearing. 2. For keeping and recovering the amounts payable to the witnesses, specialists, experts and organisations of experts a special account shall be opened in the bank according to the location of the court. 3. The amounts payable to the witnesses, specialists, experts and organisations of experts shall be paid in advance by the party which made an appropriate request. 4. If the above-mentioned requests have been made by both parties, or if the witnesses, specialists and experts are summoned or the examination is carried out on the initiative of the court, the required amounts shall be paid in by the parties to the proceedings in equal amounts. 5. The specified amounts shall be paid into a special bank account of the court. Having regard to the property status of the natural person or group of natural persons, the administrative court may fully or in part exempt them from the payment into the special court account of the amounts specified in this Article which are connected with the investigation of the case. The request for exemption from the payment into the account of the said amounts must be justified and substantiated by relevant evidence. The aggrieved party may also be exempted from the payment into the account of the amounts indicated in this Article. 6. After the witnesses, specialists and experts have performed their duties, the court shall pay out the amounts due to them from the special account of the court and the amounts payable  to the interpreter -  from the budget resources allocated for the purpose. 7. The amounts unpaid in by the parties, which are payable as costs connected with the investigation of the case, shall be awarded into a special account of the court from the nonprevailing adverse party to the proceedings or from the parties to the proceedings in proportion to the amount of the satisfied and refused claims. Article 44. Recovery of Costs by the Parties to the Proceedings 1. The prevailing party to the proceedings shall be entitled to recover costs from the nonprevailing adverse party. 2. When the claimant has obtained a decision in his/its favour, he/it shall be entitled to recover: the paid stamp duty; other costs relating to the drawing up and filing of the complaint/petition; costs connected with the investigation of the case; transport costs; the costs of renting of accommodation during the proceedings and the daily allowance in the amount of 10% of the approved sum of the minimum living standard for every day of the proceedings.  3. The claimant's right to recovery of costs provided for in paragraph 2 of this Article shall not be forfeited when the claimant withdraws his petition/complaint after the friendly settlement of the claim by the adverse party following the filing of the petition/complaint with the court. 4. When the decision is adopted in the respondent's favour, he shall be entitled to recover costs incurred while preparing the submission to the court written documents; other costs connected with the investigation of the case; transport costs; the costs of renting of accommodation during the proceedings and the daily allowance in the amount of 10% of the approved sum of the minimum living standard for every day of the proceedings.  5. When the third persons obtain a relief or remedy following the hearing of the case, the said parties shall have the rights specified in paragraph 2 of this Article to recover the costs. 6. The party to the proceedings in whose favour the decision has been adopted shall also be entitled to reimbursement of representation expenses. The issue of reimbursement of representation expenses shall be determined in accordance with the procedure laid down by the Code of Civil Procedure and other legal acts. Article 45. Taking a Decision on the Recovery of Costs 1. The party interested in the recovery of costs shall file with the court a written petition with the calculation and substantiation of the costs incurred. Petitions for the recovery of costs that have not been filed with the court by the termination of the hearing of the case on the merits must be filed with the court within 14 days after the coming into effect of the decision. 2. The court shall hear the petitions filed with the court before the termination of the hearing of the case on the merits by adopting a decision on the administrative case. In other cases the court shall as a rule dispose of the petition for the recovery of costs by making an order in a written proceeding. 3. The order made by the court of the first instance on the recovery of costs may be appealed to the Supreme Administrative Court of Lithuania within seven days from its pronouncement. CHAPTER SEVEN COMPOSITION OF THE COURT. DISQUALIFICATIONS Article 46. Composition of the Administrative Court 1. Cases provided for in Article 15 paragraph 1 subparagraphs 3, 5 and 9 of this Law, except for the complaints about the rulings of the district court in the cases of administrative offences, shall be heard by one judge, whereas other cases shall be heard by a chamber of three judges. In certain cases a …