LAW OF THE REPUBLIC OF LITHUANIA

LAW OF THE REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON THE ORGANISATION OF THE NATIONAL DEFENCE SYSTEM AND MILITARY SERVICE  May 5, 1998 No. VIII-723 Vilnius (As amended by 14 January 1999 No VIII-1027 and 7 July 1999 No VIII-1289) FIRST SECTION GENERAL REGULATIONS Article 1. Purpose This law sets forth the fundamentals of organisation, command, and control of the National Defence System, and establishes the procedures for the fulfilment and support of military service and civilian service within the National Defence System. Article 2. Definition of terms 1. National Defence System - the principal part of the national security system of the Republic of Lithuania. The National Defence System consists of national institutions designed to protect and defend the sovereignty of the state, the inviolability and integrity of its territory, the territorial waters and the exclusive economic zone in the Baltic Sea; to fulfil Lithuania’s international defence and military co-operation obligations; and to fulfil other national defence related functions. 2. Lithuanian Armed Forces (hereinafter - Armed Forces) the armed institution for defence of the state - the principal part of the national security system protecting the sovereignty of the state and the inviolability of its territory and air space, defending the state by means of arms from aggression or any other form of armed attack, and carrying out military missions consistent with international obligations of the Republic of Lithuania. 3. Military element - an approved military structure with a general mission. 4. Unit - a battalion or military element of equal size (consisting of at least two companies) with an approved permanent structure. 5. Combined unit - several units or military elements with a joint operational purpose or mission, commanded by one designated commander. 6. Active reserve - that part of the Armed Forces made up of reserve servicemen, who have served in the armed forces or completed their basic military training in some other manner, who are listed on the reserve personnel register and who are periodically called up for military training and exercises up to an age limit established by law. 7. Operational command - the authority delegated to a designated commander to organise and command assigned forces in a manner necessary to accomplish the assigned mission or task. Operational command does not include responsibility for training, administration, internal organisation, and logistic support of assigned units. 8. Military territory – territory  (fields, buildings and quarters) controlled or used by the institutions of the national defence system; other fenced or clearly marked territory that is attached to and/or used for the needs of the institutions of the national defence system; as well as clearly marked places where the armed forces carry out military training and exercises, remove harmful explosives, accomplish rescue or other assigned tasks needed for the security and defence of the State during periods of training, exercises or field work. 9. Military operation - military action to accomplish strategic, tactical or administrative military missions and training. 10. NATO standards - a set of general principles, standard documents and standards regulating the activities of NATO member military and defence structures, as well as other related institutions. 11. Active military service -the service status given to Lithuanian citizens for continuous service in mandatory military service and professional military service, as well as non-continuous service by volunteer servicemen or active reservists called up for a temporary period of time for training exercises, defence, security, or other duties. 12. Mandatory military service - required military service for citizens of the Republic of Lithuania as established by the Constitution. The services consists of an initial period of military service established by law, and follow on periodic service in the active reserve, as well as service in the event of mobilisation. 13. Professional military service - continuous military service voluntarily committed to by means of a written contract with the Ministry of National Defence by citizens of the Republic of Lithuania, and in accordance with conditions and requirements set forth by law and legal acts. These servicemen fulfil their military service in the Armed Forces or other institutions within the National Defence System as well as other institutions or international structures. 14. Volunteer military service - non-continuous military service in the National Defence Volunteer Forces voluntarily committed to (in the form of a written contract with the Ministry of National Defence) by citizens of the Republic of Lithuania, and in accordance with the conditions and procedures established by law and legal acts. 15. Service in the active reserve - mandatory non-continuous (periodic or due to national security circumstances) service by reserve servicemen up to an age limit established by law. 16. Serviceman - a citizen of the Republic of Lithuania fulfilling mandatory (either initial or active reserve), professional, or volunteer military service. 17. Volunteer serviceman - a citizen of the Republic of Lithuania serving in a non-continuous (non-permanent) status with the National Defence Volunteer Forces. 18. Reserve serviceman - a citizen of the Republic of Lithuania who has completed initial mandatory service or volunteer service, or received the necessary military education in some other manner, or transferred from professional military service to the active or individual reserve register. 19. Civilian national defence service - service entered into by Lithuanian citizens on a voluntary basis in accordance with laws and legal acts into specific civilian assignments within the National Defence System. 20. Cadet - a serviceman studying at Lithuania’s Military Academy or a foreign military education institution who upon graduation receives an officer’s commission. 21. Individual reserve - a category of reserve servicemen who have been relieved from mandatory service in the active service due to age or other reasons and who may be called up to the active military service only in the event of mobilisation. 22. Retirement - the transfer of a serviceman from professional or volunteer service, who due to age or health reasons is not enrolled in the reserve register, or crossing out a reserve serviceman from the reserve register due to age or health reasons. 23. Temporary personnel reserve of the professional military service - professional military servicemen, who are transferred temporarily into this category and are not carrying out their permanently assigned duties. 24. Draftee - a conscript who, in accordance with the procedures and methods established by Law on Military Conscription, has not fulfilled the initial mandatory or alternative service obligation, nor has been released from it. During the period of time when a draftee is called up by the Selective Service Commission to fulfil his mandatory service until gaining a serviceman’s status, the individual shall be referred to as recruit. 25. Re-enlistee - a citizen of the Republic of Lithuania who enters professional military service within 60 days after completing his initial mandatory service. Article 3. National Defence System 1. The National Defence System consists of: 1) the Ministry of National Defence; 2) the Armed Forces, and in time of war - other armed forces: border police, special police units, citizens in organised resistance (partisans) units, subordinate to the Commander of the Armed Forces; 3) the Lithuanian Military Academy, the Non-Commissioned Officer (NCO) school and other military schools; 4) other state institutions established by the Ministry of Defence or subordinate to the Minister of National Defence; 5) infrastructure assigned to National Defence; and 6) enterprises established by the Ministry of National Defence. 2. The National Defence System shall be developed as part of the transatlantic collective defence system. In this regard: 1) the Armed Forces and other institutions within the National Defence System shall be developed in line with NATO standards, and shall be interoperable with NATO structures; 2) the Lithuanian military and civilian air space surveillance systems shall be developed and integrated into the NATO regional air space control system; and 3) NATO security principles and standards shall be applied in performing security clearances for personnel whose duties involve working with classified material, as well as to ensure physical protection of information, premises, facilities, and other objects and communication systems. 3. In accordance with the procedure established by legal acts, institutions of the national defence system shall control and/or use military territory to carry out their functions and tasks. Commanders (supervisors) of national defence system institutions, unit commanders and other officials shall be responsible for the enforcement of laws and other legal acts within the territories they use or control. Officials of civilian institutions may carry out their functions only in circumstances established by the Government and only with the participation of national defence system officials who are empowered with the rights to control the territory. The regimen and internal procedures for controlling military territories shall be established by the Minister of National Defence, the Chef of the Armed Forces, or commanders (supervisors) of units, other military units, services or national defence institutions. These individuals may act in accordance with the authority that has been empowered to them. 4. Military chaplains are part of the National Defence System. In co-ordination with the leadership of officially recognised traditional Lithuanian churches, who assign the chaplains, the Minister of National Defence shall establish the regulations and procedures governing their activities. Article 4.  Legal principles governing activities of institutions within the National Defence System Institutions within the National Defence System will be governed by the Constitution of the Republic of Lithuania, laws and other legal acts passed by the Seimas, Presidential decrees, Government resolutions, Minister of National Defence orders, and Republic of Lithuania international treaties. Article 5. International Co-operation of the Institutions of the National Defence System and Participation by the Armed Forces in International  Missions and Exercises 1. The National Defence System will co-operate with NATO structures in planning the defence of Lithuania and in integrating into the transatlantic collective defence system. 2. The Ministry of National Defence shall develop partnerships, multilateral and bilateral international defence programmes with NATO, Western European Union, NATO member states and states seeking NATO membership; and also with other states when such activities correspond with the objective to integrate the Republic of Lithuania into NATO. Institutions of the National Defence System shall co-operate with the above mentioned subjects by: 1) training the Armed Forces in accordance with NATO standards and preparing them and other National Defence System institutions to be interoperable with NATO structures; 2) developing information and communication systems which can be exchanged and secure; 3) in accordance with NATO requirements, standardising defence structures, legal acts regulating defence activities, statutes, terminology, equipment, maps and documentation; 4) training military personnel and defence specialists; 5) obtaining NATO compatible defence equipment; and 6) developing other areas of defence within the National Defence System. 3. In accordance with international co-operation agreements and plans, and in keeping with the conditions for participation in international operations and exercises, the Ministry of National Defence will conduct international military exercises or training in Lithuanian territory, or send units from its armed forces to foreign countries to participate in exercise or training. 4. In accordance with international obligations, the Republic of Lithuania, subject to the Seimas approval, shall send its military units to participate in various international military and humanitarian missions in foreign countries. SECOND SECTION PRINCIPLES OF ORGANISATION AND COMMAND Article 6. Principles of the National Defence System 1. The National Defence System shall be developed in accordance with the Constitution of the Republic of Lithuania and the Law on Fundamentals of National Security. 2. The principle of democratic civilian control shall be applied to all institutions within the National Defence System. Article 7. Democratic civilian control of the Armed Forces 1. The Seimas determines the amount of funds to be allocated for the development of the Armed Forces, the acquisition of weapons and other support requirements. Parliamentary control of the National Defence System is exercised in accordance with established procedures. 2. National Defence policy and allocation of funds approved by the Seimas for defence shall become part of the record. 3. The President of the Republic and the Seimas, in accordance with procedures established by the Constitution and the Law on the Fundamentals of National Security, shall issue resolutions declaring mobilisation, a state of war, deployment of the Armed Forces, and defence in the event of armed aggression. 4. The Government or its authorised institution shall issue resolutions on supplying the Armed Forces, on procurement of weapons, and the development of a logistical base of support within the National Defence System. 5. The Government, the Minister of National Defence, and the Commander of Armed Forces shall be accountable to the Seimas for the leadership and management of the Armed Forces. 6. Only civilians may be appointed as the Minister or Vice Ministers of National Defence. 7. Deployment areas of the Armed Forces in peacetime, their territorial boundaries for manoeuvring, and redeployment areas of units are approved only by the Presidential decree. Article 8. Funding, Control, and Restrictions of Legal Entities 1. Institutions in the National Defence System shall be funded from the National budget. Foreign credits and support may be used for the development of the National Defence System. 2. The Minister of National Defence is the Chief Administrator of funds allocated to the National Defence System. Financial activity and the budgets of National Defence System institutions are controlled in accordance with the procedures established by law. 3. The Minister of National Defence may place certain restrictions on the Armed Forces or other legal entities in entering into transactions. The Ministry of National Defence is not subject to these restrictions. Article 9. Ministry of National Defence 1. The Government approves the Ministry of National Defence statutes. 2. In accordance with the Constitution and governmental statutes, the Minister of National Defence is appointed and dismissed as the Chief Executive of the Ministry of National Defence. Vice ministers and the Secretary of the Ministry are directly subordinate to the Minister. The Minister determines the limits of their authority. Vice ministers are appointed and dismissed in accordance with the procedures established by law. 3. The principal tasks of the Ministry of National Defence are: 1) to develop the National Defence System and the military capability of the Armed Forces, and to prepare the Armed Forces and other National Defence System institutions for the defence of the country; 2) to ensure that national security and defence tasks are accomplished in peacetime or war; 3) in accordance with the procedures established by law, to organise collection and processing of information and intelligence data on activities or phenomena that threaten national security and the defence capability of the state; 4) to develop and implement international co-operation plans and programs; 5) in conjunction with other governmental and local government institutions, to draft conscripts and reserve servicemen for mandatory military service, as well as to implement mobilisation in accordance with the procedures established by law; 6) to organise co-operation between the Armed Forces and civilian institutions, the “Šauliai” (Riflemen) Union, and other public organisations that directly contribute to the strengthening of the National Defence System; and to prepare the public for the defence of Lithuania; and 7) to execute the functions of the Minister of National Defence, established by this law and any other laws and resolutions of the Government. 4. The Ministry of National Defence is authorised to: 1) establish an arsenal, an institute for military technologies, and facilities for the maintenance of weapons and military equipment; 2) establish a military archive; 3) operate and maintain military medical and healthcare institutions; 4) operate and maintain intelligence and counter-intelligence services; 5) establish social and recreational facilities for the military - Officer Clubs and sport clubs; 6) establish public relations offices; 7) maintain a housing fund and rent both houses and apartments in order to provide servicemen with living facilities; and 8) receive foreign assistance items for the National Defence System, and transport them through the state border free of any customs duties. 5. The Ministry of National Defence may send candidates to study in foreign military and other educational institutions. The candidates are selected through a competitive process. The Minister of National Defence shall establish the rules and requirements for the competitive process. Participants in the competitive process may be called up for preparatory training as servicemen. Article 10. Rights, duties and responsibilities of the Minister of National Defence 1. The Minister of National Defence is responsible for implementing the tasks and functions assigned to the Ministry, for the activities and development of National Defence System institutions, and for efficiently using the resources allocated by the Government. 2. The Minister of National Defence shall: 1) supervise the implementation of defence policy, the preparation and development of the National Defence System institutions for the defence of the state, and international co-operation; 2) determine the structure and Tables of Organisation of National Defence System institutions and their subdivisions, approve regulations and expenditure estimates governing their activities, and establish the rights and responsibilities of the officials in charge; 3) establish National Defence System policy on personnel staffing, training and development; 4) establish policy on the efficient use and control of resources; 5) establish procedures for the security of the National Defence System and its implementation; 6) establish procedures for the collection, analysis and distribution of intelligence data by security services; 7) submit permanent displacement sites of military units to the President for approval; 8) submit to the National Defence Council the national military defence strategy for deliberation. After having received the Council’s concurrence and recommendations, approve the strategy; 9) submit to the National Defence Council for deliberation the principal structure of the Armed Forces, to include: general limits on the number of conscripts and professional military servicemen in the national defence system; the number of permanent combined units, battalions and other units of comparable status; and limits on the number of lieutenants colonels (commanders), colonels (navy captains), and generals (admirals). With the consent of the National Defence Council and authorised by the Government, he shall submit this information to the Seimas for approval; 10) establish procedures and a system for the assignment of officers and commanders; 11) establish a promotion system and promote servicemen to a higher rank except second lieutenants and officers to the grade of colonel (navy captain) and higher); 12) recommend to the President promotion of officers to the rank of colonel (navy captain) and higher, and in accordance with Article 85 of the Constitution, co-sign the acts-decrees by the President of the Republic for promotion to these higher ranks; 13) recommend to the President of the Republic national awards for servicemen, individuals conferred the same status as servicemen by law, and any other person who have distinguished themselves in national defence; 14) recommend to the President of the Republic the appointment of the Commander of the Field Forces; 15) appoint and dismiss the Inspector General of National Defence, the Head of the Lithuanian Military Academy, Chief of Staff of the Armed Forces, Commander of Volunteer Forces, commanders of regular forces; commanders of military districts, heads of the NCO school and other military educational institutions, and in accordance with authority established by law designate their rights and responsibilities; 16) appoint battalion and higher level commanders as well as assign lieutenant colonels (commanders) and colonels (naval captains) to duties corresponding with their rank, dismiss or transfer them from one National Defence System institution (unit) to another; and if necessary, delegate the servicemen to serve in institutions that are not subordinate to the Ministry of National Defence; 17) enlist servicemen into the professional military service and transfer them into the reserve; 18) establish and approve procedures for the transfer of professional military service servicemen to the temporary personnel reserve; 19) be a founder of National Defence System medals and badges for skill and distinction, as well as establish procedures for awarding them; and 20) implement other laws and authority provided by the Government and the Prime Minister. 3. The Minister of National Defence shall assign tasks and issue orders and legal acts ratified by law to all institutions of the National Defence System. 4. The Minister of National Defence may issue orders, delegate part of the rights and duties set forth in this Law to the Vice Ministers, the Commander of the Armed Forces, other commanders and heads of the institutions and departments of the National Defence System, and establish terms, procedures and conditions for the use of these delegated rights and decision-making authority. 5. The rights provided to the Minister of National Defence as to a Government member can not be delegated. In the absence of the Minister of National Defence only another minister appointed as acting Minister of National Defence, may exercise his rights as a Government member. 6. The Minister of National Defence has the right to establish advisory institutions. THIRD SECTION LITHUANIAN ARMED FORCES Article 11. Status and structure of the Armed Forces 1. The Republic of Lithuania is the founder of the Lithuanian Armed Forces. The Ministry of National Defence shall implement the founder’s rights consistent with this and other laws. 2. The Lithuanian Armed Forces are an integral institution with the status of a legal entity. The Commander of the Armed Forces carries out the rights and responsibilities of the Armed Forces as a legal entity. Units, combined units and other elements do not have status as separate legal entities. Units, combined units, services, and other military elements may have legal entity rights and responsibilities delegated to them in order to have the authority to accomplish necessary tasks. In realising these rights and responsibilities, units, combined units, services, and other military elements represent the Armed Forces and act on its behalf. The Lithuanian Armed Forces shall have its flag which, by the advice of the Minister of National Defence, shall be approved by the President of the Republic. The flags of the various services, combined units, units, and independent military units shall be approved and presented to the units by the Minister of National Defence. 3. The Minister of National Defence, upon the recommendation of the Commander of the Armed Forces shall establish the framework for Armed Forces to enter into transactions and other legal civilian relationships. 4. The Lithuanian Armed Forces consist of: 1) Regular Forces; 2) Volunteer Forces; 3) Active Reserve; 5. The Regular Forces shall consist of: 1) Ground Forces; 2) Military Air Forces; 3) Naval Forces. 6. A battalion shall be the principal operational element for Ground and Volunteer Forces. 7. The Minister of National Defence shall determine the detailed structure of the Armed Forces and establish new combined units and units following the Seimas approval of the principal structure of the Armed Forces. 8. Field Forces shall be formed to conduct military operations. The Field Forces shall consist of elements from the Ground Forces and other forces assigned by the Commander of the Armed Forces to the operational command of the Commander of the Field Forces. Article 12. Missions of the Armed Forces 1. The mission of the Armed Forces in peace is: 1) to protect the territory of the State, control and protect the air space, territorial waters and the exclusive economic zone in the Baltic Sea; 2) to maintain operational readiness and in accordance with orders carry out the tasks assigned by the Ministry of Defence; and 3) in accordance with the provisions set forth by Article 18 of this statute, provide assistance to police and civil authorities. 2. The principal mission of the Armed Forces during wartime is an armed defence of Lithuania. 3. In accordance with the procedures established by law, the Armed Forces shall carry out assigned missions agreed to by international agreements. Article 13. Commander of the Armed Forces 1. The President of the Republic appoints the Commander of the Armed Forces in accordance with the procedures established by the Constitution of the Republic of Lithuania to serve a term not to exceed five years. Upon commencement of his duties, the Chief of the Armed Forces shall be sworn in and affix his signature to the oath in a formal ceremony. 2. The text of he oath of the Chief of the Armed Forces shall read as follows: “ I (forename and surname), upon being assigned as the Chief of Lithuania’s Armed Forces, without any reservations, do solemnly swear: to faithfully serve the Republic of Lithuania, to protect the integrity of its territory, to conscientiously observe the Constitution and laws of the Republic of Lithuania and carry out my duties, to the best of my ability to strengthen the Armed Forces of Lithuania, to defend the State of Lithuania, its freedom and independence. So help me God.” 3. The oath may be taken omitting the last sentence. 4. The Commander of the Armed Forces is subordinate to the Minister of National Defence, and carries out the policies established by the Minister of National Defence for the development of the Armed Forces. The Commander of the Armed Forces is the highest ranking Lithuanian military official and the highest-ranking military representative on military matters. 5. In carrying out his responsibilities, the Commander of the Armed Forces acts with the authority conferred to him by statutes and other legal acts. 6. The most important peacetime task for the Commander of the Armed Forces is the preparation of the Armed Forces for the defence of the nation. 7. In peacetime, the Commander of the Armed Forces shall: 1) develop national military defence strategy and ensure that defence plans are prepared for an unexpected attack or other contingencies; 2) establish the missions for the Armed Forces to protect and control the nations’ territory, territorial waters, the economic zone and air space; 3) prepare plans for the development of the Armed Forces and mobilisation; 4) establish the necessary requirements, means and methods to ensure co-ordination of all the forces; 5) establish the combat readiness requirements for the border police and other police elements that are a part of the Armed Forces; 6) be responsible for the functioning of the national defence strategic command post; 7) ensure the reliable functioning of command and control systems; 8) ensure the enforcement of laws and other legal acts; be responsible for the order and discipline in the Armed Forces; 9) ensure the protection of classified information in the Armed Forces in accordance with legal acts; 10) establish general military service requirements applicable to all military personnel to include all active military servicemen of the National Defence System with the exception of servicemen serving in security forces; 11) prepare deployment plans for Armed Forces units; 12) be responsible for the efficient functioning of military administration and logistics structures; 13) submit proposals to the Minister of National Defence for the improvement of Armed Forces structures and functional systems (logistics, communications, etc.); 14) approve military exercise and training programs; 15) establish military personnel staffing, training and education requirements, be responsible for the preparation of the active reserve, and the effective functioning of subordinate military educational establishments; 16) establish command selection and promotion boards for junior officers; 17) provide advice to the Minister of National Defence on military matters; 18) submit and justify the Armed Forces budget, and recommend the distribution of funds; 19) control and be responsible for the efficient and proper use of funds and Armed Forces property; 20) organise the supply of the Armed Forces: distribute arms, equipment, and other supplies; and be responsible for the proper accounting, protection and efficient use of these items; 21) submit to the Minister of National Defence proposals for laws and other legal acts; 22) in accordance with procedures established by the Minister of National Defence, appoint or dismiss servicemen from their duties, from company commanders to battalion executive officers or equivalent positions, and transfer personnel with the rank of a major or below from one combined unit to another, or from one Force to another; 23) implement other functions established by legal acts or assigned by the Minister of National Defence. 8. In carrying out the aforementioned functions, the Commander of the Armed Forces shall issue orders and provide mandatory direction to the Armed Forces. 9. Upon declaration of war, the Commander of the Armed Forces, by the Presidential decree, is designated as the Commander of all the Armed Forces and is subordinate for defence actions to civilian authorities. Article 14. Command of National Defence and Military Operations 1. Command of national defence is exercised at three levels: strategic, operational, and tactical. 2. At the strategic level, the President of the Republic, the National Defence Council, the Minister of National Defence, the Commander of Armed Forces, and the Defence Staff make strategic decisions on national security and defence, assign tasks missions to the Armed Forces to conduct defence operations or other actions. 3. At the operational level, the Commander of Field (Ground) Forces, commanders of other branches of the regular forces, including Volunteer Forces (during war - commanders of other Armed Forces), plan, command, and support military operations. 4. At the tactical level, military units plan and execute military operations, and the commanders of these units exercise tactical control. 5. The President of the Republic, as the Commander-in-Chief of all the Armed Forces and the Minister of National Defence constitute the National Command Authority. 6. In accordance with the principle of democratic civilian control, the chain of operational command for operations and other defence activities begins with the President of the Republic, through the Minister of National Defence, and normally goes to the Commander of the Armed Forces, or under extraordinary circumstances, directly to the Commander of Field Forces, commanders of other branches of the regular forces, or the Commander of the Volunteer Forces. Missions ordered by the President of the Republic and the Minister of National Defence are implemented by operational orders. 7. The Minister of National Defence must get written approval from the President of the Republic prior to any travel to foreign countries. When the President of the Republic travels outside the country, the Minister of National Defence must remain in Lithuania, except in certain cases during peacetime, when the Minister must travel to a previously arranged official or work visit dealing with international security and defence issues. When the President of the Republic and the Minister of National Defence are both out of the country at the same time and temporarily cannot carry out their duties in the operational chain of command, the Chairman of the Seimas and another member of the Government shall be assigned temporarily to act in their place. 8. The Commander of the Field Forces is responsible for the operational command of subordinate forces, and for the efficient conduct of military operations. 9. The Commander of Field Forces determines the operational missions and issues orders to units and combined units under his operational command. 10. In peacetime, the Commander of the Field Forces, in accordance with the direction provided by the Commander of the Armed Forces, prepares plans for military operations and exercises and commands the units. 11. The President of the Republic appoints the Commander of the Field Forces. The Commander of the Field Forces is also designated as the Deputy Commander of the Armed Forces and the Commander of the Ground Forces. 12. The Commander of the Armed Forces, after co-ordination with the Minister of National Defence shall establish the specific functions, authority and responsibility assigned to the Commander of the Field Forces (Ground). 13. In discharging his functions, the Commander of the Field Forces is assisted by the Field Forces (Ground) Staff which is directly subordinate to him, and the structure whereof is established by the Minister of National Defence. 14. The Inspector General of the Armed Forces has oversight responsibility for the general and combat readiness of the Armed Forces, as well as the preparedness of Border Police and other police forces for military actions with the Armed Forces. Article 15. The Defence Staff 1. The Defence Staff is the general staff of military national defence subordinate to the Commander of the Armed Forces. The Defence Staff is an integral part of the Ministry of National Defence and it provides assistance to the Minister of National Defence in preparing development plans for the Armed Forces and the military defence strategy, and to the Commander of the Armed Forces in carrying out his duties and functions. 2. The Defence Staff prepares defence and mobilisation plans for all the Armed Forces together with other armed forces structures and governmental institutions, which provide relevant data for the plans. 3. In accordance with the tasks assigned by the Commander of the Armed Forces and rotation policy, the commanders of the Regular Forces shall assign officers to serve on the Defence Staff. 4. The Commander of the Armed Forces, after co-ordination with the Minister of National Defence appoints the Deputy Chief of the Defence Staff and the heads of the various Staff sections. Article 16. Tasks assigned to Regular Forces 1. Ground Forces - security and defence of Lithuanian territory. 2. Air Forces - air control, air defence, support to the Ground Forces and Naval Forces, conduct of search and rescue operations and special operations. 3. Naval Forces - control and defence of the territorial waters and the exclusive economic zone, shipping and coastal security, conduct of search and rescue missions and special missions. 4. The Commander of the Armed Forces in accordance with defence plans and requirements shall assign the specific functions and tasks for regular forces, combined units and independent units. Article 17. National Defence Volunteer Forces 1. National Defence Volunteer Forces (abbreviated - Volunteer Forces) are a component part of the Armed Forces. 2. Volunteer Forces shall be formed from volunteer servicemen and professional military servicemen. 3. Volunteer Forces shall be trained for joint military action with elements of the Regular Forces. 4. In peacetime the Volunteer Forces shall have the following functions: preparation of volunteer servicemen and units for defence in their own territory and the accomplishment of general defence tasks, security of defence infrastructure and strategic objects, assistance in the event of natural disasters and calamities. In wartime, the Volunteer Forces units shall accomplish assigned defence missions. Article 18. Conditions for Providing Assistance to Civil Authorities 1. The President of the Republic or the Minister of National Defence may issue an order to deploy the Armed Forces to assist in rescue operations in the event of natural disasters, industrial accidents, and calamities in Lithuanian territory, and may send military rescue teams to disaster stricken foreign countries at their government’s request or with their government’s consent. 2. The President of the Republic or the Minister of National Defence may issue an order to deploy the Armed Forces to provide assistance to the Border Police, when its is necessary to re-enforce border security. 3. If the Minister of National Defence issues the order noted in paragraphs 1 and 2 above, he is required to inform the President of the Republic. 4. In extraordinary circumstances, the Armed Forces may be deployed to provide assistance to the police when it is necessary to prevent violent anti-constitutional activities. The President of the Republic of Lithuania, with the support of the Seimas to use the Armed Forces shall issue a decree to deploy the Armed Forces in accordance with the procedures established by law. 5. In urgent cases, when human life and property are threatened by criminals and speedy criminal detention operations are necessary, the General Commissioner of the Police Department under the Ministry of the Interior, the Deputy Commissioner, or the local police chief must submit a written request for assistance. In accordance with established procedures, and upon approval for such an operation by civilian operational authorities, a military unit may be deployed on orders of a commander in the operational chain of command to provide specifically defined one-time assistance to the police that will not exceed 24 hours. The General Commissioner of the Police Department, the Deputy Commissioner or an official assigned by the General Commissioner will be in charge of the operation. Following the same procedures, assistance may be extended to 48 hours. 6. In urgent cases, when human life and property are threatened, upon request by civilian authorities, on orders of a commander within the operational chain of command, a military unit may be deployed to assist civilian authorities to protect human life and property. When a commander gives such an order, it must be reported to the Minister of National Defence via the operational chain of command. 7. In unusual circumstances, when it is necessary to control territory for a certain period of time or re-enforce the security of government property, a governmental resolution shall stipulate how assistance may be provided to the police by military units. 8. In providing assistance to civilian authorities, the military will use minimal force. Law prescribes the conditions under which deadly force may be used. Article 19. Military Police 1. The Military Police is a component part of the Armed Forces. 2. A separate law establishes the functions and rights of the Military Police. The Minister of National Defence shall establish the structure. Article 20. Lithuanian Military Academy 1. The Lithuanian Military Academy (hereinafter - Academy) a high level military educational establishment that prepares officers and improves their skills, is a part of National Defence System and subordinate to the Minister of National Defence. 2. Regulations for founding and managing higher educational establishments do not apply to the Academy. The Minister of National Defence shall submit proposed statutes to the Government for approval. The Minister of National Defence shall approve the officer training system, the Academy’s chain of command, table of organisation, and distribution of allocated funds. 3. The Commander of the Armed Forces proposes the objectives and requirements for officer training to the Minister of National Defence for approval. 4. The Academy accepts servicemen who have a high school education or draftees, who meet the entrance requirements. Draftees accepted into the Academy, are called up for mandatory military service at the same time, and fulfil this obligation as cadets. While studying at the Academy, cadets are conferred cadet ranks. Actual ranks of prior servicemen are suspended during their stay at the Academy. Those individuals who are enrolled as cadets’ sign an agreement with the Academy whereby they pledge to study diligently, and upon being commissioned enter the professional military service. 5. Cadet status, ranks, academic regulations are set forth by Academy statute and other legal acts. 6. During a state of war or aggression the Academy is considered to be a component part of the Armed Forces subordinate to the Commander of the Armed Forces. FOURTH SECTION MILITARY SERVICE Article 21. General Status of Servicemen 1. A serviceman is a defender of the Lithuanian State. 2. In accordance with statutes, laws and other legal acts, military service requires a high degree of loyalty to the state. This Law, other laws, and statutes shall establish a serviceman’s status, and regulate the activities of the Armed Forces and the military service. Laws on Labour, state employees and officials are not applicable to the servicemen. 3. Human rights and freedoms guaranteed by the Constitution of the Republic of Lithuania is applicable to servicemen. A servicemen’s civil rights - the right to personal security, guarantee of a place to work, freedom of association, choice of residence and freedom of movement, unauthorised entry on government property, participation in meetings, group petitions, dissemination of information and expression of opinion, in accordance with laws, and regulations based on law, will only be limited to the extent necessary to ensure performance of duty, military discipline and order, and in fulfilling service objectives. Freedom of thought, religion and conscience is guaranteed and not restricted. 4. The length of a workday for servicemen shall not be limited, and shall depend upon the needs of the service. Statutes establish detailed requirements for the length of a workday. 5. A serviceman, whose rights guaranteed by this statute have been violated, may seek redress from his commander or the Inspector General of the Armed Forces. These individuals shall investigate the facts immediately and take the actions necessary to eliminate the violations. 6. The human dignity of every serviceman shall be respected. A serviceman shall not experience humiliation. 7. Citizens of the Republic of Lithuania acquire serviceman status: 1) as recruits - from the moment they arrive to the unit (training centre) or the moment they come under the subordination of a military official; 2) as professional military servicemen - on the day of acceptance into professional military service; and 3) as volunteers and active reservists - in accordance with service or training orders, from the time of arrival to the assigned location and reporting in to a military supervisor. 8. A serviceman shall do his military service in the National Defence System within the territory of the Republic of Lithuania. In certain cases established by law or otherwise agreed to by the Seimas, servicemen may be sent to do their military service in foreign countries. Article 22. Status of Volunteer Servicemen 1. A citizen of the Republic of Lithuania, who is fit for military duty with line units and has signed a volunteer service contract, shall acquire volunteer serviceman’s status for the period of service in the Volunteer Forces. This status shall be the same as the status of an active reserve serviceman. 2. When a volunteer serviceman in carrying out his orders, arrives to the place of duty, carries out assigned tasks, or participates in exercises or training, his status shall be the same as the status of a serviceman fulfilling mandatory military service. 3. A volunteer serviceman shall not be called for any other service in the active reserve. 4. A citizen of the Republic of Lithuania, who is not fit for the military duty with line units and has been accepted as non-line units volunteer, shall acquire reserve volunteer status for the period of service in the Volunteer Forces. When the reserve volunteer is carrying out assigned tasks, participating in exercises and training, he has the same status as a volunteer serviceman, however he wears a reserve volunteer serviceman’s uniform. 5. A citizen of the Republic of Lithuania, who is a full time civilian employee in the Volunteer Forces and has signed a labour contract, or in accordance with the procedures noted in this Law, has been accepted into Ministry of Defence civil service, does not have volunteer status. He may gain volunteer or reserve volunteer status by complying with existing procedures. 6. Volunteers shall be trained in accordance with the programs developed by the Commander of the Volunteer Forces and approved by the Commander of the Armed Forces for a period of time not less than 20 days per year. The training shall be conducted on weekends or on days away from their primary employment. 7. Employers must release the volunteer from their work in order to participate in training or when called up for service. 8. A volunteer serviceman who has served exemplary in the Volunteer Forces for a period of not less than 10 years, or who has distinguished himself may be awarded the title of the “Honorary Volunteer Serviceman”. The Minister of National Defence shall approve the procedures governing this award. 9. When a volunteer serviceman completes the contracted time of service or is transferred from duty in a line unit to a non-line unit due to age or health, he acquires the status of a reserve volunteer. 10. The Minister of National Defence shall establish the distinctive insignia of a volunteer reserve serviceman. Article 23. The Serviceman’s Oath 1. Every citizen of the Republic of Lithuania called upon to do active or reserve service in the Lithuanian Armed Forces shall swear allegiance to the state of Lithuania in a solemn environment and sign a personal oath form. 2. The text of the oath is as follows: “I, (first, last name), without any reservations, do solemnly swear to faithfully serve and defend the Republic of Lithuania, its freedom and independence, with all my might and without regard for my life, to conscientiously obey the Republic of Lithuania’s Constitution, laws, and orders of my superiors, safeguard classified information, and promise to be a moral and honourable Lithuanian soldier. So help me God.” 3. The oath may be taken without reference to the last sentence. 4. The serviceman’s oath shall be taken by: 1) cadets and mandatory military servicemen - no later than upon completion of the initial training cycle; 2) professional military servicemen, unless they have taken the oath previously, - upon being accepted into service; 3) volunteer servicemen, unless they have taken the oath previously, - upon completion of their trial period; 4) active reserve servicemen, unless they have taken the oath previously, - upon being called up for service in the active reserve; 5) individual reserve servicemen, unless they have taken the oath previously, - upon being called up for service during mobilisation. 5. The signed personal oath forms shall be kept in the serviceman’s personnel file, and the units shall keep the lists of the servicemen who have taken the oath. 6. A serviceman who breaks the oath shall be dealt with in accordance with established procedures. Article 24. Lithuanian Officer 1. A Lithuanian Officer (hereinafter - officer) is a representative of the Lithuanian Armed Forces acting in the capacity of a military official within his area of responsibility. The title “officer” bears the responsibility and obligation to defend officer’s honour. 2. A citizen of the Republic of Lithuania upon being commissioned as an officer, shall take the following oath: “I, (first, last name),upon being commissioned as an officer, without any reservations, do solemnly swear to faithfully serve and defend the Republic of Lithuania, its freedom and independence, with all my might without regard for my life, to conscientiously obey the Republic of Lithuania’s Constitution, laws and orders of my superiors, safeguard classified information, and promise to be a moral and honourable Lithuanian soldier. So help me God.” 3. The oath may be taken without reference to the last sentence. 4. An officer is required to adhere to the Officer Code of Ethics that is recommended by the Commander of the Armed Forces to the Minister of National Defence for approval. Article 25. Statutes 1. Statutes shall establish the procedures, conditions and disciplinary responsibility for military service, use of weapons, civil service and security service performed by servicemen and civilians in the national defence system. The Chief of the Armed Forces shall establish the detailed procedures for carrying out military regulations and performing military service. The respective commanders or military supervisors shall establish internal regulations for military units, military training and other institutions. 2. Statutes that establish the disciplinary responsibility of servicemen and the use of weapons shall be approved by the Seimas. The Government or the Minister of National Defence authorised by it shall approve statutes governing civil service and security service for servicemen and civilians in the national defence system. The Minister of National Defence shall approve other Statutes. Article 26. Discipline and Material Liability of Servicemen 1. A serviceman shall conscientiously and properly perform his duties and obey the orders of his military superiors, abide by the laws and statutes, not exceed the rights provided by law, and safeguard classified information. 2. A serviceman shall be responsible for protecting service property, monetary funds or other items that are given or entrusted to him. Material liability for the loss or damage caused to the property shall be established by the law. 3. Violations of the law or discipline by a serviceman shall be dealt with in accordance with statutes and laws. 4. When it is necessary to establish the facts and circumstances regarding the improper performance of military duty, violations of law or discipline, a service investigation will be assigned in accordance with the procedure established by the Armed Forces Statute, the Minister of Defence or the Commander of the Armed Forces. 5. To ensure security of classified information, or to verify information provided by a serviceman a lie detector may be used only after a serviceman has agreed to it in writing. A serviceman who refuses to undergo the lie detector test shall not be assigned duties with access to classified information. Article 27. Prohibition on Issuing an Unlawful Order or Forcing an Individual to Commit an Unlawful Act 1. A serviceman must obey the orders of his leaders. 2. Nobody can issue a serviceman or any element of the Armed Forces an order which forces the serviceman to break his oath, which is clearly unlawful (that bears disciplinary responsibility), or which violates all generally accepted principles and standards of international law. A commander (military superior) who issues such an order shall be prosecuted under the law. 3. If a clearly unlawful order is issued, a serviceman shall not obey the order and shall report it to the superior officer of the individual who issued the unlawful order. 4. Other than in the conduct of official duties, no one serving in the Armed Forces shall be forced to render personal servitude to any other person or a group of people. Article 28. Acceptance into Professional Military Service 1. A citizen of the Republic of Lithuania who on a voluntary basis and subject to selection procedures, meets the educational, physical training, health and moral requirements established for the professional military service and upon completion of the mandatory military service, the basic serviceman training course, or having obtained a military education equivalent to the basic training course, may be accepted to Professional Military Service on the basis of volunteering and selection. In accordance with requirements established by legal acts, they must know the national language. 2. Individuals, who meet the requirements in paragraph 1 above, shall sign a professional military service contract. 3. Individuals who have not completed mandatory military service or a basic military training course, or have not obtained the necessary military education in some other manner, if they meet the other conditions specified in paragraph 1 of this Article, are not older than 32 years of age, have got higher or secondary education, and meet the requirements for specialists needed by the Armed Forces, may be accepted into professional military service and sent to complete basic military training.  Upon completion of basic military training, they may conclude a professional military service contract in accordance with the general provisions established by Article 31. 4. A professional military serviceman may not be: 1) an individual who has been convicted of premeditated  crimes; 2) an individual whose activities are limited by court. 5. If a requirement exists within the national defence system, the Minister of National Defence, with the approval of an appropriate country, shall have the right to employ as a military adviser or expert under a fixed-term contract an officer or a reserve officer from a NATO member state who is not a citizen of the Republic of Lithuania, and to establish his duties, rights, responsibilities and other conditions of the contract. The period of validity of a fixed-term contract may not be longer than two years; and upon its expiration, a new contract may be concluded with the same individual under the conditions provided for in this Article. 6. An individual wishing to join the professional military service or a serviceman already in the professional military service, shall fill out a background information questionnaire, providing personal data about himself, contacts, and connections and interests that might be relevant to safeguarding classified information, the performance of duties, or conflicts of interest. The information provided shall be verified. A professional serviceman who conceals or wilfully provides incorrect information shall be held responsible under the law or the Statute of Military Discipline. Article 29. Acceptance into Volunteer Service 1. A citizen of the Republic of Lithuania, not younger than 18 years of age, on a voluntary basis and subject to selection procedures, who meets educational, physical training, health and moral requirements may be accepted as a volunteer serviceman in the National Defence Volunteer Forces. 2. Volunteer servicemen, who have not fulfilled mandatory military service, must complete the required basic military training in the Volunteer Forces during their trial period. 3. Individuals not fit for service in line units for health reasons or their age but who meet the criteria for specialists or any other service in the non-line units required by the Volunteer Forces, may be accepted as non-line unit volunteer servicemen. 4. The following persons may not be volunteer servicemen: 1) persons who have been convicted of intentional crimes; 2) persons with court-limited capacity. 5. In order to become a volunteer serviceman in the National Defence Volunteer Forces, individuals shall sign a contract with the Ministry of National Defence. 6. A background investigation shall be conducted to determine if there are any circumstances, personal data, or reasons, that may hinder a volunteer serviceman’s performance of duty before he is accepted into the Volunteer Forces and a contract is signed. Article 30. Initial Mandatory Military Service Draft In accordance with the conditions and procedures set forth in the Law on Military Conscription, citizens shall be drafted into initial mandatory military service. Article 31. Professional Military Service Contract 1. A professional military service contract is written between the Ministry of National Defence and a citizen of the Republic of Lithuania wherein the Ministry of National Defence accepts a person into professional military service and the citizen pledges to fulfil his service obligation in accordance with conditions and procedures established in the Law and other legal acts, and to perform all duties. 2. The professional military service contract is signed for the following duration: 1) with officers who have graduated from the Lithuanian Military Academy or any other foreign military school, - upon reaching the age to transfer to the reserve specified in Article 45 paragraph 4 of this Law; 2) with servicemen who finished the NCO school and are being accepted to professional military service, as well as with reserve servicemen and specialists needed by the Armed Forces who meet the established military qualification requirements - for a period not exceeding 5 years and not longer than the day on which the said servicemen reach the age of transfer to the reserve as established by Article 45 paragraph 4 of this Law; 3) with re-enlistees - for a period of time not less than 2 years nor more than 5 years; 4) with soldiers entering peace keeping military units - for a period not less than 3 years and 6 months nor more than 5 years. 3. Upon the expiration of the contract under conditions stated in paragraph 2 subparagraph 2 above, the contract may be extended in accordance with the conditions set forth by the Minister of National Defence: 1) with qualified non-commissioned officers - until they reach the established age for transfer to the reserve as specified in Article 45 of this Law; 2) with other servicemen -not longer than for 5 years and not beyond the established age for transfer to the reserve as specified in Article 45 of this Law. 4. The contract may be terminated ahead of time in the cases set forth by Article 37 and 38 of this Law. 5. The Minister of National Defence shall enter into and extend professional military service contracts with: 1) all officers in sub-units of the Ministry of National Defence and in institutions that are subordinate to the Minister of National Defence; 2) officers having a rank of lieutenant …