The annulment of the contested act (action) shall signify restoration in a certain specific case of the status quo which existed before the making of the contested act (action), i.e., the claimant is granted restoration of the infringed rights or lawful interests, however the legal power of another legal act in effect before the annulled act shall not be restored per se.
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Article 93Sending Transcripts of the Court Decisions
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Unless otherwise established by law, the parties to the proceedings and the third interested persons who did not participate in the court hearing shall be sent transcripts of the administrative court decision within three days from the drawing up of the decision. If so requested in writing, transcripts of the decision shall also be sent to the parties in the proceedings which participated in the hearing.
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Article 94Correction of Clerical Errors and Construction of the Decision
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1.The court, having pronounced a decision in the case, shall have no right to reverse or amend the decision by itself.
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2.Pending the execution of the decision the court may, on its own initiative or at the request of the parties, correct the clerical errors and obvious errors in calculation discovered in the decision. The issue of correction shall be determined without notifying the parties by making an order. A separate appeal may be filed against such an order of the court.
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3.Pending the execution of the decision, the court shall have the right to construction, at the request of the parties to the proceedings, of the decision rendered by it, however, without changing its contents. A court hearing shall devoted to the construction on the decision and the parties to the proceedings shall be notified thereof. However, their failure to appear at the hearing shall not preclude the hearing of the issue relating to the construction of the decision. The court order regarding the construction of the decision may be appealed against by a separate appeal.
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Article 95Complementary Decision
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1.Having adopted a decision in the case, the court may, upon the petition of the parties to the proceedings, also upon its own initiative, adopt a complementary decision:
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1)in case of failure to examine in the decision any of the claims in respect whereof evidence has been submitted and explanations have been made by the parties to the proceedings;
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2)if the court, having determined the issue of law, has failed to indicate the actions which the respondent must perform or from the performance whereof he must abstain.
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2.The issue regarding the adopting of a complementary decision may be raised within fourteen days from the delivery of the court decision.
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3.The court shall adopt the complementary decision after having heard the issue at the court hearing. The participants in the proceedings shall be notified of the time and venue of the hearing. Transcripts of the complementary decision shall be sent to the parties and third interested persons if they did not attend the court hearing.
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4.The complementary decision may be appealed against according to the appeals procedure within fourteen days from the day of adopting thereof.
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5.A separate appeal may be filed against the court order dismissing the petition for adopting a complementary decision.
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Article 96Coming into Effect of the Decision
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1.The decisions of the court of the first instance which have not been appealed against shall become effective after the time-limit for appeal has elapsed.
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2.The decision which has been appealed according to the appeals procedure shall become effective, unless it has been reversed after the case has been heard on appeal.
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3.The court decision adopted after the case has been heard on appeal shall become effective from the day of the adoption of the new decision.
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4.After the decision has become effective, the parties and other participants in the proceedings, also their legal successors may not file with the court anew the same claims on the same grounds as well as contest in another proceedings the facts and legal relations determined by the court.
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Article 97Execution of the Decision
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1.After the court decision meeting the complaint/petition becomes effective, the transcript of the decision shall be sent for execution to the entity of administration whose actions or omission have been complained about and to the claimant.
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2.If the decision is not executed within fifteen days or within the time limit set by law, the appropriate administrative court shall issue the claimant, at his request, with a writ of execution, at the same time ordering the bailiff's office under the district court of the locality where the respondent's seat is situated to execute the aforementioned writ in accordance with the procedure established by the Code of Civil Procedure.
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3.Unexecuted court decision s ordering compensation of damage as well as the exaction of sums awarded by the court and of unpaid fines shall be executed in accordance with the procedure established by the Code of Civil Procedure. In the said cases claimants shall be issued writs of execution after the court decision becomes effective.
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SECTION FOURTEEN SUSPENSION, TERMINATION OF PROCEEDINGS AND LEAVING THE COMPLAINT/PETITION UNCONSIDERED
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Article 98Grounds for Suspension of the Proceedings
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1.The court shall suspend the proceedings in the following cases:
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1)in case of death of the person who was a party to the proceedings or dissolution of the legal person, provided that the legal relation of the dispute allows the succession;
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2)when a party loses its legal capacity;
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3)when a case may not be heard pending the disposition of another case which is being investigated in accordance with civil, criminal or administrative procedure;
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4)when the court applies to the Constitutional Court requesting to determine whether the law or any other legal act applicable in the case conforms with the Constitution;
\n
5)when the administrative court is applied to with a request to review the legality of a regulatory administrative act or when the administrative court itself decides, while hearing a specific case, to review the legality of a regulatory administrative act;
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6)when the court orders an expert examination to be performed;
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7)when the court recognises the necessity to obtain from a foreign state the evidence/documents required in the case.
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2.A separate appeal may be filed against the court order to suspend the proceedings, save for the order to suspend the proceedings due to the petition to the Constitutional Court or administrative court, or the order to commence the review of legality of a regulatory administrative act.
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Article 99Time Limits of the Suspension of the Proceedings
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The proceedings shall be suspended:
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1)in the cases provided for in Article 98 paragraph 1 subparagraphs 1 and 2 of this Law until the establishment of the legal successor of the diseased person or of the dissolved legal person or until the assignment of the statutory representative of the legally incapacitated person;
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2)in the cases provided for in Article 98 paragraph 1 subparagraph 3 of this Law - until the coming into effect of the court decision, decision , ruling or order;
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3)in the cases provided for in Article 98 paragraph 1 subparagraphs 4, 5, 6 and 7 of this Law - until the disposition of the case by the Constitutional Court or the administrative court, accordingly, or until the expert examination is performed or evidence is obtained from a foreign state.
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Article 100Renewal of the Proceedings
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The proceedings shall be renewed upon elimination or disappearance of the circumstances by reason whereof the proceedings were suspended, upon the motion of the participants in the proceedings or on the initiative of the court. The court or the judge shall make an order according to written procedure regarding the renewal of the proceedings. Upon renewal of proceedings the case shall be heard according to the general rules laid down in this Law.
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Article 101Grounds for Terminating the Proceedings
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The court shall terminate the proceedings:
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1)if the case is not within the competence of administrative courts;
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2)if there is an effective court decision made in relation to the dispute between the same parties, in relation to the same subject matter and on the same grounds or the court order to accept the claimant's withdrawal of the complaint/petition;
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3)if the claimant has withdrawn his complaint/petition, save in the cases provided for in Article 56 paragraph 2 of this Law;
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4)if, upon the demise of the claimant, the legal relation of the dispute precludes legal succession;
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5)if, upon the liquidation of a legal person who was the claimant, the legal relation of the dispute precludes legal succession;
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6)if it transpires that the complaint/petition was accepted after the expiry of the time limit set for the filing thereof, while the claimant did not request the restoration of the status quo ante or the court dismissed such a request;
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7)if the claimant failed to comply with the procedure of preliminary extrajudicial hearing of the case prescribed for the cases of the category and the observance of the procedure is no longer possible.
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Article 102Procedure of Termination of the Proceedings and the Consequences thereof
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1.The proceedings shall be terminated by a court order. If the proceedings are terminated by reason of the case being outside the jurisdiction of the courts, the court must indicate the institution to which the claimant must apply;
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2.A separate appeal may be filed against the court order to terminate the proceedings.
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3.Appeal to the court in relation to the dispute between the same parties about the same subject matter and on the same grounds shall be inadmissible upon the termination of the proceedings.
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4.The court shall explain to the claimant the consequences of withdrawal of the complaint/petition except when the petition as regards withdrawal was received by post or delivered through other persons.
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Article 103Grounds for Leaving the Complaint/Petition Unconsidered
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The court shall leave the complaint/petition unconsidered:
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1)if the interested person failed to observe, upon petition to the court, the procedure of preliminary extrajudicial investigation of the case prescribed for the cases of the category and the possibility to comply with the procedure still exists;
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2)if the complaint/petition has been filed by a legally incapacitated person;
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3)if the complaint/petition has been filed on behalf of the interested person by a person not authorised to conduct the proceedings;
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4)if an administrative dispute between the same parties about the same administrative dispute is being heard before the court;
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5)if the claimant failed to appear at the hearing and the court does not deem it possible to dispose of the case on the basis of the material available in the case, where the claimant has been notified thereof.
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Article 104Procedure and Consequences of Leaving a Complaint/Petition Unconsidered
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1.If the complaint/petition is left unconsidered, the case shall be disposed of by a court order. The court must specify in the order the procedure for eliminating the circumstances listed in Article 103 paragraphs 1, 2 and 3, which preclude the hearing of the case.
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2.After the elimination of the circumstances which constituted grounds for leaving the complaint/petition unconsidered, the interested person shall be entitled to file a complaint/petition de novo pursuant to the provisions generally applicable.
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3.A separate appeal may be filed against the court order to leave the complaint/petition unconsidered.
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SECTION FIFTEEN COURT ORDER
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Article 105Making of a Court Order
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1.The court of the first instance shall make orders on separate issues which are not decided on the merits during the proceedings.
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2.The court shall make orders in the conference room in accordance with the procedure established by this Law. The orders shall be signed by all judges who participated in the hearing.
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3.Upon determining less complex issues, the court may make an order after a deliberation in the courtroom, without withdrawing to the conference room. Such an order shall be recorded in the minutes of the court hearing.
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4.The orders made shall be read out.
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Article 106Contents of an Order
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1.The following must be indicated in an order:
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1)the time and venue of making of the order;
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2)the name of the court, the composition of the court, also the recording clerk of the court hearing, if the order is made in oral proceedings;
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3)the participants in the proceedings and the subject matter of the dispute;
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4)the issue in respect of which the order is made;
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5)motives on the basis whereof the judges have arrived at their conclusions and the laws invoked by the court;
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6)court ruling;
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7)procedure and time limits of appealing the order.
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2.The order made by the court without withdrawing to the conference room must contain the data specified in this Article paragraph 1 subparagraphs 4, 5 and 6 of this Law.
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Article 107Sending of Orders to the Parties to the Proceedings
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The parties to the proceedings and the third interested persons who fail to appear at the court hearing shall be sent transcripts of orders to terminate or to suspend the proceedings, to leave the complaint/petition unconsidered or to refer the case to the court within the jurisdiction of which it falls. The transcripts of the order shall be sent no later than within three days form the day of making of the order.
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Article 108Separate Orders
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1.If during the hearing of an administrative case the court comes to a conclusion that the officers, institutions, agencies, enterprises, organisations and persons have violated the laws or other legal acts, it shall make a separate order indicating therein the violations committed and shall send the order to the appropriate institutions of public administration, the heads of enterprises, agencies, organisations.
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2.The court shall be within one month submitted a response about the measures adopted in respect of the separate court order.
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Article 109Court Actions if Elements of Crime are Established during the Hearing of an Administrative Case
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1.If in the course of hearing of an administrative case the court establishes elements of crime in the actions of a party to the proceedings or any other person, it shall notify the prosecutor thereof or institute criminal proceedings.
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2.In the cases provided for in paragraph 1 of this Article the court, taking into account the circumstances of the case, shall either hear the administrative case on the merits or suspend the proceedings if the administrative case cannot be heard pending the disposition of the criminal case.
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II. CHARACTERISTICS OF HEARING CASES OF CERTAIN CATEGORIES SECTION SIXTEEN PETITIONS FOR REVIEW OF LEGALITY OF REGULATORY ADMINISTRATIVE ACTS
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Article 110An Abstract Petition for Review of Legality of a Regulatory Administrative Act
\n
1.The right to apply to the administrative court with a petition for review of conformity of a regulatory administrative act (part thereof) with a law or a regulation issued by the Government shall be vested in the Seimas members, the Seimas Ombudsmen, officers of the State Control, Regional governors, courts of general jurisdiction and specialised courts, as well as the prosecutors. The above-mentioned entities shall also be entitled to apply to the administrative court with a petition to review the legality of an act of general character adopted by a specific public organisation, society, political party, political organisation or association.
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2.The right to apply to the administrative court with a petition for review of conformity of a regulatory administrative act issued by the entity of municipal administration with a law or Government regulation shall also be vested in the Government representatives supervising the activities of municipalities.
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3.Copies of the contested regulation and of the law or the Government regulation with which the contested regulatory administrative act conflicts shall be attached to the petition for reviewing the legality of a regulatory administrative act or any other act of general character.
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Article 111Petition for Reviewing the Legality of a Regulatory Administrative Act in Relation to an Individual Case
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1.Entities specified in Article 22 paragraph 1 of this Law shall have the right to petition the administrative court to review conformity of a regulatory administrative act (or part thereof) with the law or Government regulation when a specific case regarding infringement of their rights is heard before the court.
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2.In the cases provided for in paragraph 1 of this Article the administrative court shall decide on the admissibility of the petition by making an order. The court shall reject a petition for review of legality of a regulatory administrative act if:
\n
1)the petition is not connected with the specific case heard before the court;
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2)there is an effective court decision adopted in respect of the contested regulatory administrative act;
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3)the court seised of a case regarding the contested regulatory administrative act;
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4)the petition is based not on legal motives.
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3.Where there are no grounds for rejecting the petition or when during the hearing of an individual case the administrative court itself has doubts about the legality of the regulatory administrative act subject to be applied in a specific case, the relevant administrative court shall by virtue of an order suspend investigation of a particular case and, provided that review of legality of such an act has been assigned within its jurisdiction, shall decide to commence appropriate investigation. In other cases Article 112 of this Law shall be applicable.
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4.After the decision of the administrative court determining the issue of legality of the regulatory administrative act becomes effective, the appropriate administrative court shall by virtue of an order resume the suspended investigation of a particular case and adopt a decision on the merits.
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Article 112Petition to the Administrative Court by the Court of General Jurisdiction or Court of Special Jurisdiction
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1.The court of general jurisdiction or court of special jurisdiction shall have the right to suspend the investigation of a case and apply to the administrative court by an order requesting to review conformity of a specific regulatory administrative act (or a part thereof) applicable in the case being heard with the law or Government regulation.
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2.Having received an effective decision of the administrative court in respect of the regulation, the court of general jurisdiction or the court of special jurisdiction shall renew the suspended investigation of a particular case.
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Article 113Contents of the Order Made by the Court of General Jurisdiction or Court of Special Jurisdiction
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1.In the cases specified in Article 112 of this Law the following must be indicated in the order made by the court of general jurisdiction or court of special jurisdiction:
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1)time and venue of making of the order;
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2)the name and address of the court which made the order;
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3)the composition of the court which made the order, the participants in the proceedings;
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4)the merits of the case and the legal acts on which the parties to the proceedings base their claims or rebuttals;
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5)information about the contested act: who passed it, date of passing, full title of the act;
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6)legal arguments on which the claimant court bases its doubt about the legality of the contested act (a part thereof);
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7)petition by the claimant court and to which administrative court it is addressed.
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2.The following shall be attached to the court order:
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1)the case, proceedings on which have been suspended in the court of general jurisdiction or court of special jurisdiction;
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2)full transcript (copy) of the text of the contested act;
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3)a copy of the law or Government regulation which the contested act conflicts with;
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4)a copy of the court order for inclusion in the documentation of the administrative court.
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Article 114Hearing of a Case on the Legality of a Regulatory Administrative Act
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1.Cases concerning the legality of regulatory administrative acts shall be heard in accordance with the general rules of procedure established in this Law.
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2.In the cases provided for in Article 137 of this Law, also when the administrative court at its own discretion initiates proceedings on the legality of a regulatory administrative act in connection with the hearing of an individual case, the proceedings for review of legality of the regulatory administrative act shall be conducted under the procedure of written proceedings.
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Article 115Court Decision on the Petition for Review of Legality of a Regulatory Administrative act
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1.Having heard the case on the petition for review of legality of a regulatory administrative act, the administrative court shall adopt one of the following decision s:
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1)to recognise the legality of the contested regulatory administrative act (or a part thereof) and to reject the petition for the annulment thereof ;
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2)to recognise the contested regulatory administrative act (or a part thereof) as conflicting with the law or Government regulation and to deem it annulled.
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2.Having heard the case on the legality of a regulatory administrative act, the administrative court shall return to the appropriate court the case on which proceedings have been suspended and which has been referred to the administrative court and shall dispatch the transcript of the decision adopted.
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Article 116Legal Consequences of Recognition of a regulatory Administrative Act as Illegal
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1.A regulatory administrative act (or a part thereof) shall be deemed annulled and, as a rule, may not be applicable from the day of official announcement of the effective decision of the administrative court on the recognition of the relevant regulatory administrative act (a part thereof) as illegal.
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2.Having regard to the specific circumstances of the case and having assessed the possibility of negative legal consequences, the administrative court may establish in its decision that the annulled regulatory administrative act (or a part thereof) may not be applicable from the day of its adoption.
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3.As necessary, the administrative court may suspend the validity of the regulatory administrative act (or part thereof) recognised illegal until the coming into effect of the court decision.
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Article 117Publishing of the Court Decision
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1.The decision of the administrative court declaring a regulatory administrative act (or a part thereof) illegal and annulling the regulation shall be in all cases published in \"Valstybės žinios\" (Official gazette) and must also be published in the publication in which such regulation was officially published. The court decision may also indicate another publication in which the court decision must be published.
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2.The costs of publishing of the administrative court decision shall be covered by the institution, agency, service, enterprise, organisation whose regulatory administrative act (a part thereof) was recognised illegal. As necessary, the costs of publishing shall be recovered on the basis of the court order, made after the publishing of the decision .
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3.The institution, agency, service, enterprise, organisation whose regulatory administrative act (a part thereof) was recognised illegal shall present to the appropriate administrative court the issue (copy) of the publication in which the decision of the administrative court in respect of the regulation has been published.
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SECTION SEVENTEEN COMPLAINTS ABOUT THE INFRINGEMENT OF THE ELECTORAL AND REFERENDUM LAWS
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Article 118Lodging a Complaint Requesting Restoration of the Right to Vote or Restoration of the Right to take Part in a Referendum
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1.A voter, a representative of a political party, political or public organisation representative, contesting the decision of the district electoral committee or the district committee for the Referendum, adopted in response to his complaint about the errors made in the voter list or in the list of citizens entitled to participate in the Referendum, which preclude the voter from exercising his right to vote (when he has been incorrectly recorded in the list or struck off the list, also when inaccurate data about the voter is given in the list), may lodge a complaint against the decision of the district electoral committee or the district committee for the Referendum to the appropriate Regional administrative court within the time limits provided for in the electoral laws and the Law on the Referendum 2. If the court is appealed to without prior filing of a complaint with the district committee, the judge shall refer the complaint to the appropriate committee and notify the claimant thereof.
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Article 119Filing of Complaints against the Decisions of the Central Electoral Committee
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1.Persons specified in the Law on Presidential Elections, Law on the Elections to the Seimas, Law on the Referendum, and in the Law on the Elections to the Local Government Councils may lodge a complaint about the decisions of the Central Electoral Committee on the grounds and within time limits specified in this Law.
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2.Complaints shall be filed with the Supreme Administrative Court of Lithuania.
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Article 120Time Limits and Procedure for Investigating Complaints relating to the Infringement of Electoral or Referendum Laws
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1.The administrative court shall investigate complaints relating to infringement of electoral laws or the Law on the Referendum within the time limits set by the electoral laws or the Law on the Referendum.
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2.The administrative court shall investigate the complaints upon notifying the claimant and the appropriate electoral committee thereof. Failure by the said persons to appear in the court after a proper service of notice shall not preclude the conduct of proceedings and the adoption of the decision.
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Article 121Court Decision on the Infringements of Electoral Laws or the Law on the Referendum
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1.The decision of the administrative court on the complaint relating to the infringement of electoral laws or the Law on the Referendum shall become effective immediately after its pronouncement.
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2.After the adoption of the decision, transcripts thereof shall be immediately sent to the appropriate electoral committee and the claimant.
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SECTION EIGHTEEN COMPLAINTS AGAINST THE DECISIONS AND RULINGS IN THE CASES OF ADMINISTRATIVE OFFENCES
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Article 122Filing a Complaint against the Decision or Rulings in the Cases relating to Administrative Offences
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1.The decision or ruling in the case relating to an administrative violation of law may be contested by the person in respect of whom it has been made, the institution whose officer drew up the record of the administrative violation of law, also the injured person. Unless the laws provide otherwise, the complaint may be filed within ten days from the day of the adoption of the decision.
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2.A complaint against the decision or ruling in the case relating to an administrative violation of law shall be filed through the district court which adopted the ruling or, accordingly, through any other state institution (its officer) which/who made a decision in the case. They shall within three days dispatch to the appropriate court the complaint attached to the administrative violation of law case file.
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3.Where the complaint is submitted directly to the court, it shall compel the production of the appropriate administrative violation of law case file by the court or another institution which considered the case and shall determine the issue of acceptance of the complaint.
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4.The time limits for investigating the complaint shall run from the day of receipt by the court of the administrative violation of law case file.
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5.If the complaint is filed after the expiry of the time limit set for filing the complaint, the petition for the restoration of the status quo ante shall be heard according to the procedure laid down in Article 34 of this Law.
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Article 123Investigation of Complaint against the Decision in the Case concerning an Administrative Violation of Law
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1.After the case has been prepared for court hearing, the person in respect of whom the record of administrative violation of law has been drawn up, the injured person, the institution whose officer drew up the record of administrative violation of law and the institution/officer which/who made a decision in the case of administrative violation of law shall be notified of the time and venue of the court hearing. Failure to appear in the court hearing by the above-mentioned entities or their representatives shall not preclude the hearing and disposition of the case, provided that they have been duly notified of the court hearing and there are no grounds for deferring the hearing.
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2.The investigation of complaint against the decision in the case concerning an administrative violation of law shall not affect the procedural status of the parties to the proceedings.
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3.The cases relating to administrative offences shall be heard before the Regional administrative court upon complaints against the decisions made in the above cases by the entities of administration (officers thereof) by a single judge in the first instance procedure in accordance with the norms of the Code of Administrative Offences and, as necessary, this Law.
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Article 124Decision of the Court of the First Instance on the Complaint Contesting the Decision in the Case on Administrative Violation of Law
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1.Having heard the case relating to the complaint filed against the decision in the case on administrative violation of law, the court of the first instance shall adopt one of the following decisions:
\n
1)to uphold the decision and not to meet the complaint;
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2)to reverse the decision and terminate the proceedings;
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3)to reverse the decision and impose an administrative sanction on the basis of the legal act establishing liability for the committed violation of law. Decision of the type shall be adopted in the cases where the commission of the violation of law is beyond doubt, the act of the violation of law has been proved , but the court determines that there has been an improper application of law. Having regard to the established circumstances of the case, the court shall have the right to redefine the violation of law and to impose a sanction corresponding to the definition of the violation;
\n
4)to reverse the decision and to return the case to the institution which is authorised to draw up the records of administrative offences, authorising it to appropriately define the committed violation of law. Such a decisions hall be adopted in the cases where an additional investigation of the circumstances of the case is required or when for other reasons the court abstains from changing the definition of the act;
\n
5)to amend the decision, mitigating the imposed sanction or deciding not to impose any administrative sanction.
\n
2.If the court of the first instance determines that the decision has been made by an institution/officer acting outside its/his jurisdiction, the decision shall be reversed and the case shall be disposed of by the court at its own discretion.
\n
3.In the cases provided for in paragraph 1 subparagraphs 2 and 3 as well as paragraph 2 of this Article the court shall adopt a decision, while in the cases provided for in paragraph 1 subparagraphs 1, 4 and 5 -- a motivated order.
\n
4.The court decisions and orders by virtue whereof the hearing of the case on the administrative violation of law is disposed of shall become effective within ten days from the publishing of the decision or order.
\n
Article 125Dispatching the Court Decision
\n
After the decision of the administrative court has become effective, its transcript shall be sent on the next day to the person in respect of whom the decision in the case on an administrative violation of law has been made, to the injured person at his request as well as the institution/officer which/who drew up the record and the institution/officer which/who made the decision.
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Article 126Enforcing the Decision to Impose Administrative Sanctions
\n
The procedure of enforcing the decision to impose an administrative sanction shall be established by the Code of Administrative Offences.
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CHAPTER THREE PROCEEDINGS IN THE COURT OF APPELLATE JURISDICTION SECTION NINETEEN APPEALING AGAINST THE COURT DECISIONS WHICH ARE NOT YET EFFECTIVE
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Article 127Appealing against the Decisions of Regional Administrative Courts
\n
1.The decisions of Regional administrative courts, adopted when hearing the cases in the first instance, may be appealed against to the Supreme Administrative Court of Lithuania within fourteen days from the pronouncement of the decision.
\n
2.In case of failure to observe the set time limit for filing an appeal, the appellant may be granted at his request restoration of the status quo ante for filing the appeal, provided it is recognised that the failure to observe the time limit has been caused by a valid reason.
\n
Article 128Appealing against the Court Rulings in the Cases relating to Administrative Offences
\n
The rulings and orders of the district courts and Regional administrative courts, made when hearing in the first instance the cases relating to administrative offences, may be appealed against according to the procedure for appeal to the Supreme Administrative Court of Lithuania within ten days from the announcement of the ruling/order.
\n
Article 129Procedure for Filing Appeals
\n
Appeals shall be filed either directly with the appellate court or through the court the decision, ruling or order whereof is appealed against. Having received the appeal, the appellate court shall compel the presentation of the administrative case file and determine the issue of admissibility of the appeal. As necessary , the appellate court may refer the issue of admissibility of appeal to the court of the first instance the decision, ruling or order whereof is appealed from.
\n
Article 130The Appeal
\n
1.All parties to the proceedings shall be entitled to file an appeal.
\n
2.The following shall be indicated in the appeal:
\n
1)the name of the court to which the appeal is addressed;
\n
2)the appellant's name and address;
\n
3)the names and addresses of other participants in the proceedings, save for the parties and representatives of the third interested persons;
\n
4)the appealed decision and the court which adopted the decision;
\n
5)the contested issues;
\n
6)the laws and circumstances of the case whereon the illegality or invalidity of the decision or a part thereof is based (legal grounds for appeal);
\n
7)the appellant's petition (subject matter of the appeal);
\n
8)evidence confirming the circumstances presented in the appeal;
\n
9)the list of documents attached to the appeal.
\n
3.The appeal must be accompanied by the evidence indicated in the appeal (if the appellant is in possession of any), also information regarding the payment of the stamp duty for the appeal. The number of copies of the appeal with the annexes must be sufficient for delivering a copy to each party to the proceedings and leaving one copy for court documentation.
\n
4.The appeal shall be signed by the appellant, the counsel or the statutory representative. When the appeal is filed by the counsel, the statutory representative or the persons authorised by the heads of enterprises or institutions, the letter of attorney of the person filing the appeal must be attached thereto.
\n
5.Claims which were not filed when the case was heard at the court of the first instance shall not be allowable in the appeal. Claims which are inextricably connected to the filed claims shall not be deemed to be new claims.
\n
Article 131Joining in the Appeal
\n
1.Persons entitled to file an appeal may join in the filed appeal by submitting a written petition to the appellate court. Such joining shall be allowed until the opening of the hearing of the case on the merits. The joining in the appeal shall no be subject to stamp duty. The persons joining in the appeal may not present in the petition for joining in the appeal any independent claims and grounds for reversing or amending the challenged decision.
\n
2.Where the appeal is declared to be not receivable, the petition concerning the joining in the appeal shall be deemed not to have been submitted and shall be returned to the person who submitted it.
\n
3.A person who has joined in the appeal shall forfeit the right to file an independent appeal.
\n
Article 132Withdrawal of the Appeal
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1.The person who has filled an appeal shall be entitled to withdraw the appeal before the closing statements. A written petition by the appellant whereby the appeal is withdrawn shall be attached to the case file while the oral statement shall be recorded in the minutes of the court hearing and signed by the appellant.
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2.In the case provided for in paragraph 1 hereof the court shall terminate the appeal proceedings by virtue of an order, unless the decision has been appealed against by other persons. The court shall notify other participants in the appeal proceedings of the withdrawal of the appeal.
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3.The person who withdraws the appeal shall have no right to file the appeal de novo.
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SECTION TWENTY HEARING OF CASES AT THE APPELLATE COURT
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Article 133Rules of Appeal Proceedings
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Appeal proceedings shall be held in accordance with the rules applied with respect to the proceedings at the court of the fist instance, save for the exceptions established in this Law.
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Article 134Acceptance of an Appeal
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1.The issue of acceptance of an appeal shall be determined by the chairman of the court or the judge within three days from the date of filing thereof with the court of the first instance and where the appeal is filed with the appellate court - within three days after the production of the administrative case file has been compelled.
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2.If the appeal does not comply with the requirements of Article 130 of this Law, the time limit for rectifying the shortcomings shall be set by an order. In case of failure to rectify the shortcomings by the time limit set by the court, the appeal shall be deemed not to have been filed and shall be returned to the claimant by virtue of the judge's order. A separate appeal may be filed against the order of the court of the first instance to return the appeal to the claimant.
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3.An appeal shall be not receivable and shall be returned to the appellant if:
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1)the claimant failed to observe the time limit set for filling the appeal and did not request the restoration of the status quo ante or the request has not been granted;
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2)the appeal was filed by a legally incapacitated person;
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3)the appeal was filed by an unauthorised person.
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4.A separate appeal may be filed against the order of the court of the first instance to declare the appeal not receivable. If the shortcomings are rectified, refusal to accept the appeal on the grounds specified in paragraph 3 subparagraphs 2 and 3 hereof shall not preclude the de novo filing of the appeal within the time limit set for appeal.
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5.Having accepted the appeal the court of the first instance shall within three days send the case file with the received appeal and annexes thereto to the appellate court.
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6.Where an appeal is filed with the appellate court, the chamber of three judges of the court of appeals shall make a motivated order to refuse to accept the appeal.
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7.If the shortcomings referred to in paragraph 3 of this Article come to light during the hearing of the case by appeal, the appeal proceedings shall be terminated.
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Article 135Preparation for the Hearing of the Case
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1.The judge rapporteur shall himself perform actions required for the hearing of the case.
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2.The court of appellate instance shall send to the persons participating in the appeal proceedings transcripts of the appeal and annexes thereto ordering that detailed replies to the appeal be submitted to the court of appellate instance in writing within fourteen days.
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3.In case of oral hearing of the case the participants in the proceedings shall be informed by notices of the venue and time of the hearing. Failure of the said persons to appear at the court hearing shall not preclude the hearing of the case.
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Article 136Scope of Hearing of the Case
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1.While hearing the case on appeal, the court shall review the legality and validity of both the contested and uncontested parts of the decision as well as the legality and validity of the decision in respect of the persons who did not file the appeal.
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2.The court shall not be bound by the arguments of the appeal and it must review the case in full.
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Article 137The Hearing and Disposition of the Case in Writing
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1.The chamber of judges may dispose of the appeal under the procedure of written proceedings, i.e. without summoning the participants in the proceedings to the court hearing and the court not appearing in the courtroom, if:
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1)the court of the first instance which accepted the appeal should have declared it not receivable. In this case the appellate court shall terminate the appeal proceedings and make an order on the refund of the paid stamp duty;
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2)it states, that there are grounds of invalidity of the decision of the court of the first instance specified in Article 142 paragraph 2 of this Law.
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2.Unless the chamber of judges decides otherwise, the proceedings on the appeal against court rulings in the cases of administrative violations of the law shall also be held in writing.
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3.Where appellate proceedings are held in writing, the minutes of the court hearing shall not be taken and there shall be no requirements for the procedure of the court hearing. The decision or order of the court shall be sent to the parties to the proceedings.
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4.The appellate court may dispose of the case by holding the proceedings in writing also in the cases where neither the parties to the proceedings nor their representatives, although duly notified of the time and venue of the court hearing, appear at the hearing. A notice about the circumstances shall be made in minutes of the court hearing. The decision of the court to hold the hearing of the case in writing shall also be recorded in the minutes. After the announcement thereof the court shall withdraw to the conference room to adopt the decision .
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Article 138Hearing of the Case on the Merits
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1.The hearing of the case on the merits before the appellate court shall be commence with the statement about the case made by the judge rapporteur. The report shall set out the merits of the case, the arguments of the appeal and replies to the appeal as well as new evidence, if any has been submitted.
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2.If an oral hearing of the case is held, after the statement about the case the court shall hear the explanations of the parties to the proceedings and other participants in the proceedings. The appellant shall be the first to speak. The court shall warn the participants in the proceedings if the contents of their statements does not correspond to the contents of the submitted procedural documents.
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3.If the court recognises the necessity, the evidence reviewed at the court of the first instance may be repeatedly examined or additional examination may be carried out. The court may also examine the evidence which the court of the first instance refused to examine. New evidence which was not submitted to the court of the first instance shall be examined only provided the court recognises as valid the reasons for which this was not done earlier or where the necessity of submission of new evidence arose at a later time.
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4.Where oral hearing of the case is held, after the examination of the evidence the participants in the proceedings shall have the right to give their opinion in their closing speeches. If the examination of evidence was not required, the closing speeches shall begin after the explanations by the parties to the proceedings and other participants in the proceedings.
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5.If oral hearing of the case is held, minutes of the court hearing shall be taken in which all the essential moments of the hearing shall find reflection.
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6.The minutes shall be signed by the chairman of the chamber or, on his direction, by the judge rapporteur and recording clerk of the court hearing.
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SECTION TWENTY ONE DECISION S OF THE APPELLATE COURT
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Article 139Adopting and Pronouncement of the Decision or Order
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1.Where oral hearing of the case is held, after the closing statements by the participants in the proceedings the court shall retire to the conference room to adopt the decision or make an order.
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2.Having adopted the decision or made an order, the court shall return to the courtroom and the chairman of the chamber or the judge rapporteur shall read out the introduction and substantive provisions of the decision or order, briefly present define the motives of the decision or order and inform when the full text of decision or order will be drawn up.
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3.The complete text of the decision or order shall be presented in writing and signed by all the judges within seven days from the adopting thereof.
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4.By way of exception, having regard to the complexity and scope of the case, the chamber of judges hearing the case on appeal may, by virtue of a motivated order, defer the adopting and pronouncement of the decision or order for not longer than a ten-day period. During the preparation of the decision or order, the judges of the chamber may hear other cases.
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5.The decision or order the adopting and pronouncement whereof was deferred may be pronounced by one of the judges who heard the case, in the absence of other judges of the chamber.
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Article 140Rights of the Appellate Court
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1.Having heard the case, the appellate court shall have the right to:
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1)uphold the decision of the court of the first instance and reject the appeal;
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2)reverse the decision of the court of the first instance and adopt a new decision ;
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3)amend the decision of the court of the first instance;
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4)reverse the decision of the court of the first instance fully or in part and refer the case to the court of the first instance for holding a de novo hearing;
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5)reverse the decision of the court of the first instance and dismiss the case or leave the appeal unconsidered if the circumstances specified in Articles 101 and 103 of this Law have been established.
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2.A court decision shall be adopted in the case provided for in this Article paragraph 1 subparagraph 2, while in the cases provided for in subparagraphs 1, 3, 4 and 5 the court shall make a motivated order.
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Article 141
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The Right of the Appellate Court to Reverse the Challenged Court Decision and Refer the Case to the Court of the First Instance for de novo Hearing or for Adopting a New Decision 1 Having reversed the challenged court decision , the appellate court shall have the right to refer the case to the court of the first instance for de novo hearing if:
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1)the decision is reversed for reasons specified in Article 142 of this Law;
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2)a large amount of new evidence has to be collected in order to disclose the circumstances of the case;
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3)not all claims have been investigated by the court of the first instance.
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2.In the cases specified in paragraph 1 of this Article the appellate court shall adopt a new decision if de novo hearing of the case at the court of the first instance may delay the adopting of the final decision .
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Article 142Reversal or Amendment of the Decision in the Event of Violation of or an Error in Applying the Procedural Legal Norms
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1.Violation of the procedural legal norms or an error in applying the norms shall constitute the grounds for reversing the decision only when the violation could have been the cause of erroneous disposition of the case.
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2.The following cases shall be recognised as furnishing grounds for declaring the decision void:
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1)where the case has been heard by a court of unlawful composition or in violation of the rules according to which cases are subject to functional jurisdiction, subject matter jurisdiction or exclusively territorial jurisdiction of the appropriate courts;
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2)the court of the first instance has made a determination as regards the rights and duties of the persons not included among the participants in the proceedings;
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3)the decision of the court of the first instance has not been signed by the judge or if the decision has been signed not by the judge who is named in the decision ;
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4)the decision of the court of the first instance has been adopted not by the judge who heard the case;
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5)the decision , order is unmotivated;
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6)the minutes of the court hearing have not been attached to the case file, except in cases where the proceedings have been in writing;
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7)the court of the first instance has heard the case in the absence of at least one of the participants in the proceedings who has not been duly notified of the time and venue of the court hearing and the said person has used the circumstance as the grounds for his appeal;
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8)the rules of language in the proceedings have been grossly violated during the hearing of the case by the court of the first instance and the person whose rights have been infringed has referred to the above-cited circumstance as ground for his appeal.
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Article 143Reversal or Modification of the Decision after the Violation of Substantive Law
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Violation of norms of substantive law shall be ground for reversing or modifying the decision of the court of the first instance in the event of incorrect petition or construction of the norms by the court of the first instance.
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Article 144The Decision of the Appellate Court on the Appeal in the Case of Administrative Violation of Law
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1.The appealed court rulings in the cases of administrative offences shall be heard by the Supreme Administrative Court of Lithuania collegially in appeal proceedings. In such cases the lawfulness and validity of the appealed ruling shall be reviewed.
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2.As a rule, the appeal proceedings against the decision or ruling in the cases relating to administrative offences shall be conducted in writing. Upon the decision of the chamber of judges, an oral hearing of a specific case may be held.
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3.Having heard a case on the appeal against the decision or ruling in the case of administrative violation of law, the administrative court shall adopt one of the following decision s:
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1)to uphold the decision or ruling and refuse to allow the appeal;
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2)to reverse the decision or ruling and terminate the proceedings;
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3)to reverse the decision or ruling and return the case for de novo hearing by the authorised institution or the court;
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4)to amend the decision or ruling and impose a more lenient sanction or decide not to impose any administrative sanction.
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4.In the cases provided for in this Article paragraph 3 subparagraph 2, the court shall make a decision, and in subparagraphs 1, 3 and 4 - a motivated order.
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Article 145Coming into Effect of the Decision, Ruling or Order of the Appellate Court
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The decision, ruling or order of the appellate court shall become effective on the day it is made and shall not be subject to appeal by cassation.
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Article 146Separate Order by the Appellate Court
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1.In the cases prescribed by Article 108 of this Law the appellate court may make a separate order. The appellate court shall indicate in the separate order the violations of legal norms or errors committed by the court of the first instance which do not furnish grounds for reversing the decision .
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2.The appellate court shall be notified within one month of the measures taken in respect of the separate order.
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Article 147Returning a Heard Case to the Court of the First Instance
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1.Upon hearing an appeal, the appellate court shall within ten days return the case together with the adopted decision(ruling, order) to the court of the first instance.
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2.At the request of the parties to the proceedings, the court of the first instance send them transcripts (copies) of the decision, ruling or order of the appellate court.
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SECTION TWENTY TWO SEPARATE APPEALS
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Article 148Validity of Norms of Appeal Proceedings
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Save for the exceptions provided for in this Section, the rules regulating the proceedings in the appellate court shall be applied to filing and hearing the appeals.
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Article 149Procedure for Sending Separate Appeals
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1.The parties to the proceedings may appeal against the orders of the court of the first instance (the judge) by filing a separate appeal with the appellate court:
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1)in the cases specified in this Law;
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2)where the court order precludes further conduct of proceedings.
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2.Separate appeals shall be filed through the court the order whereof is appealed against within seven days from the pronouncement of the order.
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3.If an appeal has been filed against an order made in the manner prescribed by law when hearing a case in the absence of the parties, a separate appeal may be filed within seven days after the delivery of the transcript of the order.
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Article 150Procedure for Hearing Separate Appeals
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1.Having received a separate appeal, the court of the first instance (judge) shall within three days from the receipt thereof:
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1)if it/he finds the separate appeal admissible and provided the appeal has been filed not against the orders (rulings) made in the cases established in Articles 101 and 103 of this Law, reverse, at its own discretion, the order appealed against without holding an oral hearing and send a transcript of the order made on the issue to the participants in the proceedings ;
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2)if it/he finds the separate appeal inadmissible, refer the case with the separate appeal to the appellate court.
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2.As a rule the court shall hear the separate appeal without summoning the parties to the proceedings.
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Article 151Rights of the Appellate Court
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Having heard the separate appeal, the appellate court shall have the right, by virtue of its order:
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1)to uphold the order of the court of the first instance;
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2)to amend the order of the court of the first instance;
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3)to reverse the order of the court of the first instance and decide the issue on the merits;
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4)to reveres the order of the court of the first instance and refer the issue to the court of the first instance for de novo hearing.
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Article 152Coming into Effect of the Order of the Appellate Court
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The order made by the appellate court on the separate appeal shall become effective from the moment of its making.
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CHAPTER FOUR RENEWAL OF PROCEEDINGS SECTION TWENTY THREE FILING OF PETITIONS FOR THE RENEWAL OF PROCEEDINGS
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Article 153Grounds for the Renewal of Proceedings
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1.If a case has been disposed of by virtue of an effective court decision, ruling or order, the proceedings may be resumed on the grounds and according to the procedure established in this Section.
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2.The proceedings may be resumed on the following grounds:
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1)if the European Court of Human Rights rules that a decision of the court of the Republic of Lithuania is not in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols;
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2)if material circumstances of the case have been discovered which the claimant was not aware of and could not be aware of during the hearing of the case;
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3)if an effective court decision has established knowingly false evidence by the witness, knowingly false opinion by the expert, knowingly incorrect interpreting, falsification of documents or physical evidence, on the basis whereof an illegal or unreasonable decision was adopted;
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4)if an effective court decision has established criminal actions by the parties, other participants in the proceedings or their representatives or criminal acts by the judges, committed during the hearing of the case;
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5)if the court decision or judgement on the ground of which the decision or order was made is reversed as illegal or unreasonable;
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6)if a party to the proceedings was legally incapacitated during the proceedings and had no statutory representative;
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7)if in the decision the court gave a statement of the rights and duties of the persons excluded from the hearing of the case;
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8)if the decision or order is unmotivated;
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9)if the case was heard by a court of illegal composition;
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10)in case of submission of clear evidence of the commission of a material violation of the norms of substantive law in the application of the norms which could have affected the adopting of the illegal decision, ruling or order;
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11)if the legal act on the basis whereof the court disposed of the case has been revoked as illegal;
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12)when it is necessary to ensure the formation of uniform practice of administrative courts.
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Article 154Entities Entitled to File a Petition for the Renewal of Proceedings
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1.The right to file a petition for the renewal of proceedings shall be vested in the parties to the proceedings and their statutory representatives, the persons excluded from the hearing of the case, if the decision, ruling or order which has become effective infringes their rights or interests protected under law, also in the prosecutor and entities of public administration with a view to protecting the public interest or the rights of the State and individuals and interests protected under law.
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2.The chairman of the Supreme Administrative Court of Lithuania shall have the right to submit the recommendation to resume the proceedings on his own initiative or on the proposal of the chairman of the Regional administrative court.
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Article 155Filing the Petition for the Renewal of the Proceedings
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1.The petition for the renewal of the proceedings shall be filed with the Supreme Administrative Court of Lithuania.
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2.The petition for the renewal of the proceedings shall not be subject to stamp duty.
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3.If the case in which the judge has presented his separate opinion has been heard on appeal or where a dissenting opinion has been expressed by a judge of the court of appeal, after the decision becomes effective the case with the judge's separate opinion attached shall be referred to the Supreme Administrative Court of Lithuania and the chairman of the Court shall decide whether to make a recommendation to resume the proceedings.
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Article 156Time Limits for Filing a Petition for Renewal of the Proceedings
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1.A petition for renewal of the proceedings may be filed within three months from the day when the entity who filed it learned or should have learned of the circumstances furnishing ground for renewal of the proceedings.
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2.Persons who have failed to observe for good reason the time limits for filing the petition for renewal of the proceedings may be granted the restoration of the status quo ante provided the petition for the restoration of the proceedings has been filed within one year from the day the decision became effective.
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3.A petition for the renewal of the proceedings shall be inadmissible if over five years have lapsed from the day the decision or order became effective.
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Article 157Contents of the Petition for Renewal of the Proceedings
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1.The following shall be indicated in the petition for renewal of the proceedings:
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1)the name of the court with which the petition is filed;
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2)the name, surname (name) of the claimant, personal number (registration number), place of residence (seat);
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3)the name of the court which adopted the decision(made the decision, order);
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4)the substance of the effective court decision(decision, order) and ground for resuming the proceedings;
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5)motives of renewal of the proceedings;
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6)circumstances whereon the calculation of the time limits specified in Article 156 is based;
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7)substance of the entity's petition;
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8)the venue, date of the drawing up of the petition, the claimant's signature.
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2.The evidence justifying the grounds for resuming the proceedings and a transcript of the effective court decision(decision, order) shall be attached to the petition.
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3.Where the petition for renewal of the proceedings is filed by a representative, the letter of attorney shall be attached to the petition, proving the authorisation of the representative.
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SECTION TWENTY FOUR HEARING OF PETITIONS FOR RENEWAL OF THE PROCEEDINGS
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Article 158Procedure for Hearing Petitions for Renewal of the Proceedings
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1.The petition for renewal of the proceedings shall be heard by the chamber of judges formed by the chairman of the Supreme Administrative Court of Lithuania in the proceedings held in writing and without summoning to the hearing the parties to the proceedings.
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2.In the course of the hearing of the petition for renewal of the proceedings the court shall ascertain whether the petition has been filed within the set time limits and whether it is based on the grounds for the renewal of the proceedings provided for by law. As necessary, the court shall have the right to request from the claimant submission of additional evidence on the said issues.
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Article 159The Court Order on the Petition for Renewal of the Proceedings
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1.In the cases when the chamber of judges states that the claimant has failed to observe the time limit set by law for the filing of the petition or that the petition is not based on the grounds for renewal of the proceedings provided for by law, the court shall refuse by virtue of an order to resume the proceedings. The court order shall not be subject to appeal.
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21.If the petition has been filed within the time limits set by law and is based on the grounds for renewal of the proceedings provided for by law, the court shall make an order on the renewal of the proceedings, indicating therein the court, which will hear the case on the merits. As necessary, the chamber may suspend the execution of the contested decision, ruling or order pending the de novo hearing of the case. The order regarding the suspension of the execution of the decision, ruling or order shall not be subject to appeal.
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Article 160Selecting the Court for Referring the Case for de novo Hearing of the Case
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1.After the chamber has made an order on the renewal of the proceedings, as a rule the case shall be referred for de novo hearing to the court of the same instance of which is the court whose decision, ruling or order is appealed against.
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2.In the cases where the appealed decision, ruling or order have been made upon hearing the case by appeal, the case shall be taken for de novo hearing by the Supreme Administrative Court of Lithuania.
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3 The judge whose decision, ruling or order furnished ground for resuming the proceedings shall not sit on the chamber of judges to which the case is referred for de novo hearing, with the exception of the Supreme Administrative Court of Lithuania.
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Article 161Application of Procedural Norms
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1.Upon renewal of the proceedings, de novo hearing of the case shall be conducted in accordance with the procedural rules of the court of the first instance if the effective court decision, ruling or order appealed was made when the hearing of the case was held at first instance.
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2.If the court decision, ruling or order appealed was made when the case was heard by appeal, upon renewal of the proceedings the case shall be heard de novo by conducting appeal proceedings.
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Article 162Court Decision s upon Hearing the Case on the Merits
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1.Where, after the renewal of the proceedings, the administrative court hears the case on the merits, it shall deliver one of the following decision s:
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1)to reject the petition and confirm the court decision, ruling or order appealed against;
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2)to amend the decision, ruling or order appealed;
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3)to reverse the decision, ruling or order appealed and deliver a new decision, ruling or order.
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2.In the case provided for in paragraph 1 subparagraph 1 of this Article a court order shall be made, whereas in the cases provided for in subparagraphs 2 and 3 the court shall deliver a decision, ruling or order.
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3.When the administrative court adopts a new decision , all previous court decision s made in the heard case must be reversed at the same time.\"
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Article 2Coming into Effect of the Law
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The procedure of coming into effect of this Law shall be established by the Law on the Implementation of the Law on the Amendment of Articles 2, 3, 4, 5, 6 of the Law on the Establishment of Administrative Courts and the Law on the Implementation of the Law on the Amendment of the Law on Administrative Proceedings.
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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 .