Official translation REPUBLIC OF LITHUANIA LAW ON THE APPROVal OF THE STATUTE OF the internal service 29 April 2003 - No. IX-1538 Vilnius (As last amended on 2 May 2006 - No. X-590) Article 1. Approval of the Statute of the Internal Service To approve the Statute of the Internal Service (appended). Article 2. Invalid Legal Acts Upon the entry into force of this Law, the following legal acts shall become invalid: 1) Chapters I, II, III, V and VI of the Provisional Law of the Republic of Lithuania on the Internal Service; 2) the Law of the Republic of Lithuania on Police; 3) the Law of the Republic of Lithuania Partially Amending Article 47 of the Law of the Republic of Lithuania on Police; 4) the Law Amending Articles 12, 13, 37, 50 of the Law of the Republic of Lithuania on Police and Supplementing it with Articles 16(3), 16(4), 16(5), 21(2), 39(2); 5) the Law Amending and Supplementing Articles 5, 27 of the Law of the Republic of Lithuania on Police; 6) the Law Amending Article 48 of the Law of the Republic of Lithuania on Police and Supplementing it with Article 48(1); 7) the Law Amending Articles 12, 13, 25 of the Law of the Republic of Lithuania on Police and Declaring Invalid Articles 16(1), 16(2), 21(1), paragraph 5 of Article 27 and Article 39(1); 8) the Law Declaring Invalid Articles 1 and 2 of the Law Amending Articles 12, 13, 25 of the Law of the Republic of Lithuania on Police and Declaring Invalid Articles 16(1), 16(2), 21(1), paragraph 5 of Article 27 and Article 39(1), Amending Article 7 of the Said Law and Supplementing it with Article 8(1); 9) the Law Amending Article 8(1) of the Law of the Republic of Lithuania on Police; 10) the Law Amending Article 8(1) of the Law of the Republic of Lithuania on Police; 11) the Law Declaring Invalid Article 31 of the Law of the Republic of Lithuania on Police. Article 3. Entry into Force of the Law This Law shall enter into force on 1 May 2003. I promulgate this Law passed by the Seimas of the Republic of Lithuania. President of the republic                                                ROLANDAS PAKSAS                                                                                     APPROVED by Republic of Lithuania Law No. IX-1538 of 29 April 2003 STATUTE OF THE INTERNAL SERVICE CHAPTER I GENERAL PROVISIONS Article 1. Purpose of the Statute This Statute shall lay down the principles of the internal service, the status of the officers of the internal service system, recruitment to and dismissal from the service, enrolment and training at establishments of professional training in the field of internal affairs, responsibility of the officers, incentives, social and other guarantees, peculiarities of activities of the trade unions in statutory institutions of internal affairs, as well as peculiarities of recruitment of other civil servants to the service in statutory institutions of internal affairs. Article 2. Definitions 1. Internal service means the totality of legal relationships pertaining to the acquisition, changing and losing of the status of an officer of the internal service system as well as of legal relationships related to the status of an officer of the internal service system. 2. Internal service system means the totality of statutory institutions of internal affairs and officers of the internal service system falling under the management of the Ministry of the Interior, as well as mutual relations. 3. Statutory institution of internal affairs (hereinafter referred to as “institutions of internal affairs”) means a public legal entity falling under the management of the Ministry of the Interior, which implements the national policy in the field of public security and the service of the officers of which is organised on the statutory basis. 4. Officer of the internal service system (hereinafter referred to as “officer”) means a statutory civil servant whose service is regulated by this Statute and (or) who has public administration powers on persons who are not subordinate to them. 5. Status of an officer means the legal situation of an officer. 6. Disciplinary sanctions means a violation of the order of the internal service set out by the Statute and other legal acts or failure to perform duties of an officer, or inadequate performance of such duties done by guilty acts in violation of law or inactivity. 7. Discredit to the name of the officer means guilty acts or inactivity of an officer related or unrelated to the performance of official duties, however, apparently discrediting the authority of the internal service system, destroying confidence in an institution of internal affairs or compromising it. Article 3. Main Principles of the Internal Service 1. The internal service shall be based on the principles of primacy of the law, equality of rights, political neutrality, transparency, career, compensation for the peculiarities of the service, combining of individual and collegiate management, legitimate expectations and respect for the acquired rights, constant fulfilment of the officer’s general duties. 2. Pursuant to the principle of primacy of the law, the status of an officer, regulated by this Statute and other laws, may nor be changed otherwise than by laws. 3. Pursuant to the principle of equal rights, each citizen of the Republic of Lithuania shall have the equal rights to join the internal service and the status of an officer may not be limited account of his sex, origin, social or material position, religious belief, convictions or views. 4. Pursuant to the principle of political neutrality, an officer must impartially serve the people and the legitimate public authorities, regardless of personal political views, and must not participate in activities of political parties or political organisations. Upon the changes in political power, the continuity of official activities of the officers shall be ensured. 5. Pursuant to the principle of transparency, any activity of an officer when performing the duties must be public and open, except for the cases laid down by law. 6. Pursuant to the principle of career, promotion to a higher position shall be based on the competence of the officers, assessing during the selection their professionalism, suitability for the position they apply for, duration of the internal service when holding a certain position, possessed qualification necessary to hold a new position. 7. Pursuant to the principle of compensation for the peculiarities of the internal service, the peculiarities of the service of the officers (increased danger to life or health, stiffer responsibility, longer working time and various service-related restrictions) shall be compensated with social guarantees laid down in this Statute and other legal acts. 8. Pursuant to the principle of legitimate expectations and respect for the acquired rights, it shall be presumed that by choosing the internal service the persons are certain that the state will ensure the rights and social guarantees of the officers it has set out, therefore, the right to specific social guarantees, lawfully acquired by the officers under this Statute and other laws, must be applied during the entire length of their service. 9. Pursuant to the principle of constant fulfilment of the officer’s general duties, an officer must fulfil the following duties: 1) respect and protect human dignity, ensure and protect human rights and freedoms; 2) upon finding out about an offence which is being arranged or committed, as well as when being a witness, take immediate measures to prevent the offence which is being arranged or committed; 3) upon obtaining information about the committed offence, notify immediately the police or any other competent institution, or agency, take immediate measures to secure the scene of an accident, to identify witnesses, provide first aid or any other necessary assistance to the persons who suffered from the accident; 4) take measures to save the property of natural, legal entities or the state in the event of natural disasters, accidents, catastrophes or any other emergencies; 5) protect state, official and commercial secrets entrusted or made known to him in the course of the official duties; 6) laws may also establish other duties to the officers. Article 4. Institutions of Internal Affairs Institutions of internal affairs shall be as follows: 1) central institutions of internal affairs (the Police Department under the Ministry of the Interior (hereinafter referred to as “the Police Department”); the State Border Guard Service under the Ministry of the Interior (hereinafter referred to as “the State Border Guard Service”); the Fire and Rescue Department under the Ministry of the Interior (hereinafter referred to as “the Fire and Rescue Department”); the Financial Crime Investigation Service under the Ministry of the Interior (hereinafter referred to as “the Financial Crime Investigation Service); the VIP Security Department under the Ministry of the Interior (hereinafter referred to as “the VIP Security Department”); 2) the public security unit (service) of the police and other institutions of internal affairs (territorial, specialised and other institutions subordinate to central institutions of internal affairs); 3) establishments of professional training in the field of internal affairs. Article 5. Application of the Statute 1. The personnel of institutions of internal affairs shall consist of officers, other civil servants and employees. 2. Official relationships of officers shall be regulated by this Statute, laws and other legal acts regulating activities of institutions of internal affairs. 3. The service of other civil servants working in institutions of internal affairs shall be regulated by the Law on Civil Service and other legal acts. Provisions of subparagraph 2 of paragraph 3 of Article 7 and provisions of paragraph 2 of Article 11 of this Statute shall apply to the said civil servants. 4. Work of the employees shall be regulated by the legal acts regulating labour relations. CHAPTER II INTERNAL SERVICE SECTION ONE RECRUITMENT TO THE INTERNAL SERVICE Article 6. Requirements to the person applying to the internal service 1. A person who applies to the internal service must: 1) be a citizen of the Republic of Lithuania and have a command of the Lithuanian language; 2) be of sufficiently good repute, aged between 18 and 30 (a person who has a university or non-university degree – not older than 35 years of age). A person is of sufficiently good repute, provided that there are no circumstances referred to in subparagraphs 2-4, 6 of paragraph 1 and in paragraph 2 of Article 11 of this Statute; 3) have at least secondary education; 4) be such whose health condition would make him capable of performing duties in the internal service. The Minister of the Interior and the Minister of Health Care shall lay down the requirements pertaining to health condition; 5) be such whose physical readiness would make him capable of performing duties in the internal service. The Minister of the Interior shall lay down the requirements pertaining to physical readiness; 6) have education of an establishment of professional training in the field of internal affairs or another educational establishment, or have finished introductory training courses of an establishment of professional training in the field of internal affairs. 2. The Minister of the Interior or the heads of the central institutions of internal affairs, authorised by the Minister, may lay down additional requirements for the persons applying for service in certain subdivisions of the institutions of internal affairs. Additional requirements shall be related to person’s intellectual, physical and practical abilities, health condition, moral and psychological suitability to perform specific duties in appropriate subdivisions. 3. The head of an institution of the internal affairs shall, taking into account the needs of institutions of internal affairs and having obtained the consent of the Minister of the Interior, have the right to recruit to the internal service the persons who are older than the maximum age limit set in subparagraph 2 of paragraph 1 of this Article. Article 7. Checking of a Person and Issuance of a Referral to an Establishment of Professional Training in the Field of Internal Affairs or another Educational Establishment 1. A person who wishes to study at an establishment of professional training in the field of internal affairs or introductory training courses of an establishment of professional training in the field of internal affairs, must apply to an institution of internal affairs (except for an establishment of professional training in the field of internal affairs), and those wishing to study at another educational establishment – must apply to the Ministry of the Interior and receive a referral to an establishment of professional training in the field of internal affairs or another educational establishment. 2. A person must furnish to the personnel department of or a civil servant (official) carrying out personnel management functions in an institution of internal affairs or the Ministry of the Interior to which he applies for a referral, the questionnaire information and biographical data about himself, data on his residential environment, motivation and expectations pertaining to his striving to serve. 3. Checking of a person who wishes to study at an establishment of professional training in the field of internal affairs or introductory training courses of an establishment of professional training in the field of internal affairs or another educational establishment shall be as follows: 1) the Central Medical Expert Examination Commission checks up his health and submits findings concerning the health condition of the persons and his psychological suitability to internal service; 2) a person shall, in the manner prescribed by the Minister of the Interior, be evaluated in accordance with credits of the institutions of internal affairs (when necessary, in accordance with credits of the entities of operational activities); 3) general physical readiness is checked appropriately during the selection for an establishment of professional training in the field of internal affairs, or during the selection specified in paragraph 6 of this Article. 4. The procedure for checking a person who wishes to study at an establishment of professional training in the field of internal affairs, introductory training courses of an establishment of professional training in the field of internal affairs or another educational establishment, as established in subparagraphs 1 and 2 of paragraph 3 of this Article, shall be co-ordinated in the manner prescribed by legal acts by the personnel department of or a civil servant (official) carrying out personnel management functions in an institution of internal affairs or the Ministry of the Interior to which he applies for a referral to an establishment of professional training in the field of internal affairs or another educational establishment. 5. Having established that a person who wishes to study at an establishment of professional training in the field of internal affairs, introductory training courses of an establishment of professional training in the field of internal affairs or another educational establishment meets the requirements laid down in subparagraphs 1-4 paragraph 1 of Article 6 of this Statute and in the absence of the circumstances referred to in subparagraphs 1-4 or 6 of paragraph 1 of Article 11 of this Statute, the institution of internal affairs shall issue to this person a referral to an establishment of professional training in the field of internal affairs and the Ministry of the Interior shall issue the following referral to another educational establishment: 1) to a person who has at least secondary education – a referral to participate in the selection to an establishment of professional training in the field of internal affairs; 2) to a person who has a university or non-university degree – a referral to introductory training courses at an establishment of professional training in the filed of internal affairs; 3) to a person who wishes to study at another educational establishment – a referral to enrol in another educational establishment. 6. Referrals to introductory training courses at an establishment of professional training in the field of internal affairs or for another educational establishment shall be issued to persons by way of selections. The Minister of the Interior shall lay down the procedure for carrying out such selections. 7. The Minister of the Interior shall lay down the procedure for issuing referrals to establishments of professional training in the field of internal affairs and another educational establishments. Article 8. Admission to and Studies at Establishments of Professional Training in the Field of Internal Affairs 1. Persons may be admitted to an establishment of professional training in the field of internal affairs when they present the referral to that institution of internal affairs, which has been issue by an institution of internal affairs. 2. By the order of the head of an establishment of professional training in the field of internal affairs the following persons shall be admitted and entered on the list of students of this establishment: 1) those who have won the selection to the establishment of professional training in the field of internal affairs, carried out by this establishment, and have signed a contract of entering the internal service; 2) those who have at least a non-university degree or a degree equivalent to the non-university degree, directed for the selection to introductory training courses of an establishment of professional training in the field of internal affairs and signed a contract of entering the internal service. 3. The Minister of the Interior shall lay down the procedure for admission of persons to establishments of professional training in the field of internal affairs. 4. It shall be prohibited to admit to an establishment of professional training in the field of internal affairs the person, if he does not meet the requirements laid down in subparagraphs 1-5 of paragraph 1 of this Statute and there are the circumstances set out in subparagraphs 1-4 of paragraph 1 of Article 11 of this Statute. 5. If the circumstances set out in subparagraphs 1-4 or 6 of paragraph 1 of Article 11 of this Statute have come into existence after the admission of the person to an establishment of professional training in the field of internal affairs, the person shall be expelled from the said establishment and struck off the list of students. 6. Disputes over admission to establishments of professional training in the field of internal affairs  shall be settled in the manner prescribed by legal acts. 7. Firearms, special measures and explosives shall be handed to students only after their passing appropriate examinations. 8. Suitability of a student for the service shall be assessed by the assessment commission of the establishment of professional training in the field of internal affairs in which professional or introductory training of the student is carried out. Suitability of the student to the service must be assessed not later than 5 days prior to the end of the term of professional or introductory training of that student. Article 9. Contract of Entering the Internal Service 1. A contract of entering the internal service shall be a written tripartite agreement between a citizen of the Republic of Lithuania, an establishment of professional training in the field of internal affairs or another educational establishment and a central institution of internal affairs, by which a person commits himself to meet the requirements laid down by this Statute and other legal acts for students of establishments of professional training in the field of internal affairs, to perform the duties assigned to him, the establishment of professional training in the field of internal affairs or another educational establishment obligates to create for the person adequate conditions for professional or introductory training, and the central institution of internal affairs obligates to ensure that a student who graduates from the establishment of professional training in the field of internal affairs or a person who graduates from another educational establishment will be appointed to the position corresponding to his education and profession in an appropriate institution of internal affairs, to create for him adequate conditions of service, to ensure officer’s rights, social guarantees set out in this Statute and other laws. 2. The mandatory condition of entering the internal service shall be as follows: 1) when concluding the contract of entering the internal service with a person who has won the selection to an establishment of professional training in the field of internal affairs – the commitment of such person to study and, upon the graduation, to serve in the internal service at least five years, and in the event of his expel from the establishment of professional training in the field of internal affairs or dismissed from the internal service at his own request or through his own fault prior to the end of the time limit – to reimburse all the expenses relating to his training, incurred by the establishment of professional training in the field of internal affairs; 2) when concluding the contract of entering the internal service with a person who has been directed to the introductory training courses – the commitment of such person to study and, upon the graduation, to serve in the internal service at least three years, and in the event of his expel from the establishment of professional training in the field of internal affairs or dismissed from the internal service at his own request or through his own fault prior to the end of the time limit – to reimburse all the expenses relating to his training, incurred by the establishment of professional training in the field of internal affairs. Article 10. Recruitment to the Internal Service of the Person who Has Graduated from the Establishment of Professional Training in the Field of Internal Affairs, Introductory Training Courses or another Educational Establishment 1. A person who graduates from an establishment of professional training in the field of internal affairs, introductory training courses or another educational establishment shall, in the manner prescribed by legal acts, be issued an appropriate graduation document and, taking into account the profession acquired by him, the person shall, by order of the head of the establishment of professional training in the field of internal affairs or another educational establishment, be directed to the central institution of internal affairs with whom the said person concluded the tripartite contract of entering the internal service. The head of the central institution of internal affairs or the person of an appropriate institution of internal affairs, authorised by him, must, not later than within 5 working days after adoption of the order of the head of the establishment of professional training in the field of internal affairs regarding the direction of the student, appoint by his order the person to the position in the concrete institution of internal affairs. 2. The person shall, against his own signature, be familiarised with the order regarding his appointment to the position. 3. Persons who have been appointed to the position and have taken an oath, shall acquire the status of officer. 4. If the person who has been appointed to the position refuses to take an oath or takes an oath with a reservation, the order regarding his appointment to the position shall be revoked and such person shall not be deemed recruited to the internal service. 5. The Minister of the Interior shall lay down the procedure for appointing to the position. Article 11. Restrictions on the Recruitment to the Internal Service 1. It shall be prohibited to recruit to the internal service: 1) if there are findings of the Central Medical Expert Examination Commission that a person is unsuitable for the internal service because of his health; 2) if a person has been convicted for an intentional crime, irrespective of whether the conviction has expired or was repealed, as well as if a person has been convicted for a crime of negligence or misdemeanour and the conviction has not expired or has not been repealed; 3) if a person previously worked as a statutory civil servant, judge, notary, prosecutor, lawyer or in the system of national defence, and dismissed, respectively, for the discredit to the name of officer, behaviour discrediting the name of a lawyer, misconducts in office and infringements of professional ethics, discredit to the name of prosecutor, infringements of professional ethics of lawyer and violations of professional activities of lawyer, or for violations of law, discrediting the name of serviceman or institutions of within the national defence system; 4) if a person has been dismissed from civil service for the misconduct in office and if less than 5 years have passed since his dismissal from civil service; 5) if a person is appointed to the position in an institution of internal affairs in which his spouse, cohabitee (partner), a close relative or a person with whom the person is related by marriage holds the office, provided that according to their positions held they would be related by direct subordination relations; 6) a person who is a member of the organisation prohibited under law; 7) if there are the circumstances laid down in subparagraphs 1, 4, and 5 of Article 24 of this Statute. 2. If it has been established that there are other proved information discrediting the person who is being recruited, the issue of person’s suitability for the service shall be resolved by the head of the central institution of internal affairs. 3. Disputes over the recruitment to the internal service shall be settled in the manner prescribed by legal acts. Article 12. Oath of an Officer 1. A person shall take an oath immediately after he has been familiarised with the order regarding his recruitment to the internal service. 2. The person shall swear to serve the State of Lithuania in the following words: “I (forename, surname) swear to be faithful to the Republic of Lithuania, to respect and observe its Constitution and laws, to spare no effort to protect human rights and freedoms, public interests, to conscientiously perform the duties entrusted to me, and to always preserve the honour of the officer of the internal service system. So help me God!” 3. The oath may be taken omitting the last sentence. 4. The signed sheets with the text of the oath shall be retained in the service record of the officer. SECTION TWO SPECIAL RANKS OF OFFICERS AND THE PROCEDURE FOR CONFERRING THEM Article 13. Ranks of Officers 1. Special non-military ranks (hereinafter referred to as “ranks”) of officers shall be established to regulate mutual service relationships of the officers, to mark their service experience, powers, length of service, qualification. 2. Ranks shall be held by the officers who fulfil statutory duties in institutions of internal service, as well as the officers included in the personnel reserve of the Ministry of the Interior. 3. Ranks shall be divided into internal service and police ranks. 4. Internal service ranks shall be conferred on the officers of the State Border Guard Service, the Financial Crime Investigation Service, the Fire and Rescue Department, the VIP Security Department, and of the establishments, subdivisions subordinate to them, as well as on the officers of establishments of professional training in the field of internal affairs. 5. Internal service ranks shall be as follows: 1) officers of the primary level; 2) officers of the middle level; 3) officers of the high level; 4) officers of the highest level. 6. Internal service ranks of officers of the primary level shall be as follows: 1) corporal of the internal service; 2) warrant officer of the internal service; 3) senior warrant officer of the internal service; 4) chief warrant officer of the internal service. 7. Internal service ranks of officers of the middle level shall be as follows: 1) second lieutenant of the internal service; 2) first lieutenant of the internal service; 3) captain of the internal service. 8. Internal service ranks of officers of the high level shall be as follows: 1) major of the internal service; 2) lieutenant colonel of the internal service; 3) colonel of the internal service. 9. The internal service rank of officers of the highest level shall be general of the internal service. 10. Police ranks shall be conferred on police officers. 11. Police ranks shall be as follows: 1) officers of the primary level; 2) officers of the middle level; 3) officers of the high level; 4) officers of the highest level. 12. Police ranks of officers of the primary level shall be as follows: 1) junior policeman; 2) policeman; 3) senior policeman; 4) master sergeant. 13. Police ranks of officers of the middle level shall be as follows: 1) inspector; 2) senior inspector; 3) commissioner inspector. 14. Police ranks of officers of the high level shall be as follows: 1) commissioner; 2) senior commissioner; 3) chief commissioner. 15. The police rank of officers of the highest level shall be police commissioner general. 16. An officer may lose his rank only when he loses the citizenship of the Republic of Lithuania. The ranks of the former officers who are no longer in service shall be reserve ranks. The data on the ranks held by such officers shall be included in the Register of Officers of the Interior. Article 14. Conferment of Ranks 1. The ranks of major of the internal service and lieutenant colonel of the internal service, as well as commissioner and senior commissioner shall be conferred by the Minister of the Interior on the recommendation of the head of the central institution of internal affairs or the establishment of professional training in the field of internal affairs. 2. The ranks of corporal of the internal service or junior policeman shall be conferred upon the acquiring of the basic professional training or following the completion of introductory training courses in the establishment of professional training in the field of internal affairs, by order of the head of the central institution of internal affairs or the head of an appropriate institution of internal affairs, authorised by him, when an officer is appointed to the appropriate position. 3. A higher rank of officers of the primary level shall, taking into account the qualification and merits, be conferred on an officer who performs appropriate duties and has served: 1) corporal of the internal service, junior policeman – at least three years; 2) warrant officer of the internal service, policeman – at least three years; 3) senior warrant officer of the internal service, senior policeman – at least three years. 4. A higher rank of officers of the primary level shall be conferred by the head of the central institution of internal affairs or the head of an appropriate institution of internal affairs, authorised by him. A higher rank may be conferred on a chief warrant officer of the internal service or master sergeant only upon the improvement of their qualification, acquiring of higher education and appointment to an appropriate position. 5. The rank of second lieutenant of the internal service or inspector shall, by order of the head of the central institution of internal affairs or the establishment of professional training in the field of internal affairs, be conferred on the persons performing appropriate duties, who have acquired higher education and improved qualification meeting the requirements of the job description. 6. A higher rank of officer of the middle level shall be conferred with a view to the qualification of an officer, his merits in the course of the appropriate service and the length of service: 1) second lieutenant of the internal service, inspector – at least two years; 2) first lieutenant of the internal service, senior inspector – at least two years. 7. A higher rank of officers of the middle level shall be conferred by the head of the central institution of internal affairs or the establishment of professional training in the field of internal affairs. 8. The rank of major of the internal service or commissioner shall be conferred with a view to the qualification of an officer, his merits in the course of the appropriate service and after he has serviced as at least three years. 9. A higher rank of officers of the high level shall be conferred with a view to the qualification of an officer, his merits in the course of the appropriate service and the length of his service: 1) major of the internal service, commissioner – at least four years; 2) lieutenant colonel of the internal service, senior commissioner – at least four years. 10. The rank of colonel of the internal service or chief commissioner shall be conferred by the ordinance of the Prime Minister, on the recommendation of the Minister of the Interior. 11. The rank of general shall be conferred by the ordinance of the Prime Minister, on the recommendation of the Minister of the Interior. The rank of General may be conferred on the officer holding the rank of Colonel upon his appointment to the position of the head of the State Border Guard Service, the director of the Fire and Rescue Department. 12. The rank of commissioner general shall be conferred by the ordinance of the Prime Minister, on the recommendation of the Minister of the Interior. The rank of commissioner general shall be conferred on the officer holding the rank of chief commissioner upon his appointment to the position of police commissioner general. 13. A higher rank for outstanding merits in the service may be conferred prior to the expiration of the set time limit, or a rank one level higher (than the one due according to the position held) shall be conferred only once during the service length of the officer. 14. A higher rank shall not be conferred to an officer who has a disciplinary sanction. 15. A rank may be lowered by imposing a disciplinary sanction on an officer –  lowering the rank by one level. The rank conferred by the head of the central institution of internal affairs or the head of an appropriate institution of internal affairs, authorised by him, shall be lowered by the by the head of the central institution of internal affairs or the head of an appropriate institution of internal affairs, authorised by him. The rank conferred by the Minister of the Interior shall be lowered by the Minister of the Interior, on the recommendation of the head of by the head of the central institution of internal affairs or the establishment of professional training in the field of internal affairs. The rank conferred by the Prime Minister shall be lowered (including lowering of the rank of colonel to the rank of lieutenant colonel and lowering of the rank of chief commissioner to the rank of senior commissioner) by the Prime Minister, on the recommendation of the Minister of the Interior. The former ranks may be reinstated not earlier than after one year, in the general procedure for conferring ranks. 16. The correlation between the ranks of the officers and the appropriate positions held by them, as well as the procedure for conferring the ranks to the officers shall be laid down by the Minister of the Interior. 17. When recruiting a citizen of the Republic of Lithuania to the internal service who has served in the public service as a statutory civil servant, or who has served in the statutory forces of foreign states and has (had) a special official rank or grade, he shall be conferred a officer’s special rank of the internal service. SECTION THREE CAREER OF AN OFFICER Article 15. Promotion of an Officer 1. Participation in the selection to a vacant higher position may be possible for the officers seeking promotion, but holding a lower position in the same or appropriate institution of internal affairs. 2. During the selection account shall be taken of professionalism of applicants, official activities, suitability for the position applied for, the length of the internal service when holding a certain position, qualification possessed which is necessary for performing the duties. 3. Officers shall be transferred from one position to another by order of the superiors who enjoy the right to appoint to a position. Heads and deputy heads of central institutions of internal affairs shall be appointed and dismissed by the Minister of the Interior, unless otherwise provided for by other laws. 4. It shall be prohibited to transfer an officer to a position in the institution of internal service where his spouse, cohabitee (partner), a close relative or a person with whom the person is related by marriage holds the office, provided that according to their positions held they would be related by direct subordination relations; 5. Information concerning vacant positions of officers in institutions of internal affairs shall be announced in the in the in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios and in the webpage of the Ministry of the Interior. 6. Information concerning vacant positions of officers shall not be announced when staffing structural subdivisions carrying out operational activities. The course of career of officers performing duties in these subdivisions shall be defined by the Minister of the Interior. Article 16. Mobility 1. An officer may, at his request, be transferred to another vacant position of an equivalent or lower grade. 2. Two officers holding the positions of the equivalent grade may, at their request, switch the positions – transferred to another position. 3. An officer may be transferred to another position in the cases specified in paragraphs 1 and 2 of this Article, if he has the mandatory education which corresponds to the position he seeks, and meets the requirements of the description of the position he seeks. He shall be transferred: 1) within the same institution of internal affairs – by order of the head of the institution of internal affairs; 2) in another institution of internal affairs – upon the co-ordination of the issue by the head of the institution of internal affairs from which he is transferred with the head of the institution of internal affairs to which he is transferred. 4. If there are the findings of the Central Medical Expert Examination Commission specifying that an officer cannot, due to his health condition, perform his duties, the head of the institution of internal affairs shall have the right to transfer the officer to another position of the equivalent grade, the duties whereof the officer can, in his health condition, perform in the same institution of internal affairs or, upon the co-ordination of the issue by the heads of the institutions of internal affairs, in another appropriate institution of internal affairs. 5. In the event of official necessity, the head of the institution of internal affairs shall have the right to temporarily transfer an officer to another position of the equivalent or higher grade within the same institution of internal affairs. 6. In the event of official necessity and upon the co-ordination of the issue by the heads of the institutions of internal affairs, an officer may be temporarily transferred to another position of the equivalent or higher grade in another appropriate institution of internal affairs which is situated in the same or another residential area. 7. In the cases referred to in paragraphs 5 and 6 of this Article it shall be allowed to temporarily transfer an officer to another position only with his written consent, with the exception of a state of war, a state of emergency or any other extreme situation. 8. Temporary transfer of an officer to another position may not last longer than one year within 5 years of his service. During the temporary transfer of an officer he shall be paid the whole salary due to him according to the position from which he has been transferred to another position, and if an officer has been transferred to a higher position – he shall be paid the salary due to the position to which the officer has been transferred. 9. In the cases referred to in paragraphs 1–6 of this Article, an officer shall be transferred to another position in accordance with the procedure established by the Minister of the Interior. 10. In the event of official necessity, the heads of the institutions of internal affairs (except the central institutions of internal affairs) (as well as the heads of the frontier stations of the State Border Guard Service) and the officers of the establishments of professional training in the filed of internal affairs may, without their consent, be transferred to another position of the equivalent or higher grade within the same or another appropriate institution of internal affairs located in the same or another residential area. 11. In the cases referred to in paragraphs 4, 6 and 10 of this Article, an officer may be transferred to another position in the different residential area only when, taking into account the composition of the family, official living quarters, the space of which is set by legal acts, are provided (or rent expenses of the living quarters are compensated) and expenses related to travel and carry of the property are compensated in the manner prescribed by legal acts. These requirements shall not be applied in a state of war, a state of emergency and other extreme situations. 12. An officer may, by his own written consent, be transferred to the position in diplomatic missions and consulates of Lithuania in foreign states. Upon the expiration of the assignment, the officer shall, in the manner prescribed by the Government of the Republic of Lithuania (hereinafter referred to as “the Government”) or an institution authorised by it, be reinstated in his former position or, if it is impossible to do so, to the position of the equivalent grade. The procedure for recruitment of these officers to the position in diplomatic mission and consulates of Lithuania and dismissing from them, peculiarities of salary and social guarantees during the service abroad shall be laid down by laws and other legal acts. 13. It shall be prohibited to transfer an officer to the position in the institution of internal affairs in which his spouse, cohabitee (partner), a close relative or a person with whom the person is related by marriage holds the office, provided that according to their positions held they would be related by direct subordination. 14. Disputes over the mobility shall be settled in the manner prescribed by legal acts. Article 17. Demotion of an Officer 1. It shall be allowed to demote an officer to the position one grade lower than the held one: 1) when the position is abolished due to the change, reform, reorganisation or winding-up of an institution of internal affairs or its structural subdivision; 2) when the conclusions of unsatisfactory evaluation become effective; 3) upon the imposing of a disciplinary sanction – demotion to the position one grade lower than the held one. 2. It shall be allowed to demote an officer because of the abolishing of the position only if it is impossible to transfer him to the position of the equivalent grade and if the officer submits a written consent. Article 18. Evaluation of an Officer 1. Official activities of an officer, his skills and suitability for the position held shall be assessed during the evaluation carried out by the commission of an institution of internal affairs for the evaluation of the officers. 2. The first time an officer, who is recruited to the internal service, shall be evaluated after at least six months of his recruitment. Later on he shall be evaluated at least once in four years. 3. When necessary, the Minister of the Interior, the head of a central institution of internal affairs or the head of an institution of internal affairs may, by his order, carry out an extraordinary evaluation of the officers who are subordinate to him. 4. The procedure of the evaluation of officers shall be laid down by the Minister of the Interior. 5. Disputes over the results of the evaluation of officers shall be settled in the manner prescribed by legal acts. Article 19. Service Abroad 1. By his own consent an officer may, in the manner prescribed by legal acts, be assigned to foreign states to carry out the functions of adviser, observer as well as other functions in the United Nations or other international organisations, or in the missions of the United Nations or international organisations for the period not exceeding one year. 2. The period of participation of an officer in the United Nations or other international organisations, or the missions of the United Nations or other international organisations may be extended in the manner prescribed by legal acts. The total period of the participation of an officer in the missions may not exceed one year and six months. 3. The officer who participated in the United Nations or other international organisations, or in the missions of the United Nations and other international organisations, may be assigned to repeatedly participate in the United Nations or other international organisations, or in the missions of the United Nations or other international organisations not earlier than after two years of the expiration of his participation in the organisation or the mission. 4. In accordance with the procedure established by the head of the central institution of internal affairs and co-ordinated with the Minister of Foreign Affairs, an officer may, with his consent, be assigned for a period of one year to guard the diplomatic missions, consulates and representations of the Republic of Lithuania to international organisations. The period of service abroad of the officer assigned to guard the diplomatic missions, consulates and representations of the Republic of Lithuania to international organisations may be extended in the manner prescribed by legal acts. The total period of service abroad of the officer assigned to guard the diplomatic missions, consulates and representations of the Republic of Lithuania to international organisations may not exceed one year and six months. Business trips of an officer shall not be regarded as the said service abroad. Article 20. Personnel Reserve of the Ministry of the Interior 1. In the event of official necessity and taking into account the professional training of an officer, his education level and competence, the officer may, with his own consent and by order of the Minister of the Interior, be transferred to the position of the equivalent or higher grade of non-statutory civil servant (hereinafter referred to as “non-statutory position) within the Ministry of the Interior or he may be assigned to hold the position of the equivalent or higher grade in a state institution or agency and included in the personnel reserve of the Ministry of the Interior. 2. The service of the officer who is included in the personnel reserve of the Ministry of the Interior and holds the non-statutory position in the Ministry of the Interior or an agency within the sphere of management of the Ministry of the Interior shall be regulated by this Statute and other legal acts. 3. An officer who is included in the personnel reserve of the Ministry of the Interior and hold the non-statutory position in the Ministry of the Interior or an agency within the sphere of management of the Ministry of the Interior, shall fulfil the general duties of the officer as well as the special duties of the civil servant indicated in his job description. In this case an officer shall be issued a certificate of employment with the indicated rank of the officer, by inscribing alongside the words „personnel reserve of the Ministry of the Interior“, and indicating the title of the non-statutory position held. The certificate shall be valid as long as the indicated non-statutory position is held. 4. When an officer ceases to hold the non-statutory position, the Minister of the Interior shall decide on the further course of the officer’s service. When necessary, the officer may be transferred to another non-statutory position within the Ministry of the Interior or transferred to serve in other state institutions or agencies, holding a non-statutory position and remaining included in the personnel reserve of the Ministry of the Interior. In the absence of the necessity, the officer shall be reinstated in the statutory position. In this case, the officer shall be reinstated in the position equivalent or higher than the held non-statutory position. An officer recruited to a higher position shall be assessed and, if the conclusions of the evaluation are satisfactory, he shall be recruited to the said position. In the absence of vacant positions, the officer may, temporarily until there is an equivalent vacant position, be recruited to a position of a lower grade and paid the salary fixed according to the service pay of the last non-statutory position. 5. An officer included in the personnel reserve of the Ministry of the Interior shall not be conferred a higher rank of the officer, however, when reinstating the officer to the statutory position a higher rank of the officer shall be conferred taking into account the length of service of the officer. 6. An officer may be included in the personnel reserve of the Ministry of the Interior uninterruptedly not longer than five years. Taking into account the needs of the interior service system, the Minister of the Interior shall have the right, when necessary, to extend the period of officer’s including in the personnel reserve of the Ministry of the Interior, however, the total period of officer’s including in the personnel reserve of the Ministry of the Interior may not exceed eight years during his whole service. 7. The Minister of the Interior shall lay down the procedure and conditions of forming, use, reorganisation and liquidation of the personnel reserve of the Ministry of the Interior. SECTION FOUR PROFESSIONAL TRAINING AND QUALIFICATION IMPROVEMENT OF OFFICERS Article 21. Professional Training and Qualification Improvement of Officers 1. Professional training of officers shall be carried out in establishments of professional training in the field of internal affairs and in other educational establishments by a referral of the Ministry of the Interior. Basic professional training shall be acquired according to the state standards of training of the III vocational education, approved by the Minister of Education and Science. 2. Persons who have at least non-university education and professions acquired not in the establishments of professional training in the field of internal affairs, and who seek to serve, must complete the introductory training courses (with the exception of the persons who graduated from other educational establishments by a referral of the Minister of the Interior) in the establishments of professional training in the field of internal affairs. 3. Officers must constantly improve their qualifications – to study, when following the completion of studies, they fail to acquire the professional qualification described in the national system of levels, qualification degrees. The procedure for improving qualifications shall be laid down by the Minister of the Interior. 4. The career of officers shall be based on the qualification requirements for holding a certain position, set out by the Minister of the Interior. 5. Officer seeking to hold a higher position must complete appropriate training or qualification improvement courses. Data on the persons who have completed the said courses shall be entered in the Register of Officers of the Interior. 6. Professional training of officers in establishments of professional training in the field of internal affairs shall be financed with the appropriations of the Ministry of the Interior and institutions of internal affairs, designated for the training of officers. Article 22. Establishments of Professional Training in the Field of Internal Affairs 1. Establishments of professional training in the field of internal affairs shall be the establishments, subordinate to the Minister of the Interior, intended for professional training, qualification improvement and introductory training of officers. 2. Establishments of professional training in the field of internal affairs shall be set up and their regulations shall be approved by the Government. The Minister of the Interior shall set the system of training of officers, the structure of management of establishments of professional training in the field of internal affairs, positions and distribution of budget funds. 3. The Minister of the Interior shall, on the recommendation of the heads of central institutions of internal affairs, approve tasks and requirements for the training of officers. 4. Persons who have the secondary education and comply with the conditions of entrance of establishments of professional training in the field of internal affairs, may enrol in them. Persons enrolled in the establishments of professional training in the field of internal affairs shall perform the mandatory military training. 5. The status of students of establishments of professional training in the field of internal affairs, conditions and procedure of the studies shall be laid down by their regulations and other legal acts. SECTION FIVE RESPONSIBILITY OF OFFICERS AND INCENTIVES AND RESTRICTIONS IMPOSED ON THEM Article 23. Incentives and Awards 1. For the excellent and exemplary performance of official service officers may be provided the following incentives and awards: 1) a note of appreciation; 2) a single cash benefit (in the amount of up to 5 minimum standards of living); 3) a personal gift; 4) a departmental badge; 5) an awarded weapon; 6) awarding of a higher rank in the manner prescribed by Article 14 of this Statute. 2. For outstanding merits to the State of Lithuania officers may be nominated for State awards. 3. The Minister of the Interior shall have the right to provide incentives and awards listed in paragraph 1 of this Article, the head of an institution of internal affairs – to provide incentives and awards listed in subparagraphs 1–4 and 6 of paragraph 1 of this Article. 4. Officers with an effective disciplinary sanction imposed shall not be provided incentives and awards. 5. The Minister of the Interior shall lay own the procedure for providing incentives and awards to officers. 6. Data on the incentives and awards provided to an officer shall be entered in his service record and submitted to the Register of Officers of the Interior. Article 24. Restrictions Imposed on an Officer An officer shall be prohibited from: 1) being elected (appointed) a member of the body of an undertaking, with the exception of the cases, when he is elected or appointed the said member upon the authorisation of the institution of internal affairs, as well as from receiving the salary or any other remuneration for the activities as a member of the body of an undertaking, except for the cases provided for by laws. The salary or any other remuneration for the activities of the officer as an elected (appointed) member of the body of an undertaking shall be transferred to the state budget. When sent on a business trip, such officer shall be paid a daily subsistence allowance and his expenses related to the said trip shall be compensated; 2) concluding transactions on behalf of the institution of internal affairs in which he holds the position, with private (personal) undertakings, partnerships the owner, general member or a limited member of which is the officer himself or his spouse, a close relative or a person with whom the officer is related by marriage (partnership), as well as from concluding transactions with companies in which he or his spouse, a close relative or a person related to the officer by marriage (partnership) has or possesses by the authorisation of another person more than 10 per cent of the authorised capital or shares; 3) working as a hired employee, adviser, expert or consultant in private legal entities, state or municipal undertakings, public establishments, as well as from receiving the salary other than that set for civil servants by laws, except for the remuneration for the work in the commissions for elections and referendums of various levels and for the work under contract with the commissions for elections, referendums, for scientific and teaching work in institutions of higher education or establishments of qualification improvement of civil servants, for non-formal adult education, for drafting legal acts (provided that such function is not indicated in the officer’s job description), when he is assigned the drafting of legal acts by the Seimas resolution or the decision of the Seimas Board, the ordinance of the Seimas Chairman, the decree of the President of the Republic, the resolution of the Government or the ordinance of the Prime Minister, except royalties for the works which are the subject matters of intellectual property rights; 4) holding more than one position in the civil service; 5) being a member of political parties or political organisations, participating in their activities; 6) going on strike; 7) carrying out activities of trade unions during the working hours. Article 25. Responsibility of Officers 1. A disciplinary action may be taken against officers for the misconduct in office without taking into consideration the application of criminal liability or administrative responsibility. 2. Officers shall, in the manner prescribed by laws, be held materially responsible for the damage done to an institution of internal affairs, other state or municipal institution. Article 26. Disciplinary Sanctions and Imposition thereof 1. One of the following disciplinary sanctions may be imposed on an officer for the misconduct in office, taking into account its type, reasons of performing such misconduct, a degree of guilt of the transgressor, his personality, caused consequences and other circumstances: 1) a note of warning; 2) a reprimand; 3) a severe reprimand; 4) demotion; 5) transfer to the position one grade lower than the held one; 6) dismissal from the internal service. 2. A disciplinary sanction – dismissal from the internal service may be imposed for: 1) violation of the restrictions to in Article 24 of this Statute applied to an officer; 2) violation of the requirements of the Law on the Adjustment of Public and Private Interests in the Civil Service with the aim to receive illegal income or privileges for himself or others; 3) absence from work for one or more working days without a reasonable cause; 4) being intoxicated with alcohol, drugs, psychotropic substances or other toxic substances during office hours; 5) misconduct in office, if a disciplinary sanction was previously imposed on him at least once in last twelve months – a severe reprimand or a more severe sanction. 3. A disciplinary sanction must be imposed not later than within 30 days after the date when the misconduct in office was brought to light. It shall be prohibited to impose a discipl …