Consolidated version valid as of 1 January 2015
REPUBLIC OF LITHUANIA
LAW ON
JUDICIAL OFFICERS
9 May 2002 No IX-876
Vilnius
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose of the Law
This Law shall regulate the procedure for acquisition, suspension and expiry of powers of judicial officers, professional rights and duties of a judicial officer, the system of judicial officers’ self-governance and other relations relating to a judicial officer’s activities.
Article 2. Judicial Officer
1. A judicial officer shall be a person authorised by the State and empowered by it to perform the functions of enforcement of enforceable documents, statement of factual circumstances, transfer of documents and any other functions stipulated by law. The judicial officer may provide the services provided for in this Law, unless this interferes with the performance of a judicial officer’s functions (hereinafter: ‘his functions’).
2. Judicial officers shall be appointed and dismissed by the Minister of Justice according to the procedure stipulated by this Law.
Article 3. Principles of Judicial Officers’ Activities
1. In performing their functions, judicial officers must adhere to the principles of lawfulness, co-operation and democracy of judicial officers’ activities as well as to the principles of civil procedure. A judicial officer must carry out his professional duties in good faith, not disclose circumstances of a person’s private life that come to his knowledge in the course of carrying out of professional activities, protect commercial secrets and any other secrets protected by law. In enforcing enforceable documents, the judicial officer must use all lawful remedies to adequately protect the interests of the plaintiff without prejudice to the rights and legitimate interests of other parties to the enforcement procedure.
2. In performing their functions, judicial officers shall be independent and shall be guided in their activities by the Constitution of the Republic of Lithuania, international treaties to which the Republic of Lithuania is a party, this Law and other laws, other legal acts, and the Code of Professional Ethics of Judicial Officers.
Article 4. Requirements for Persons Seeking to Become Judicial Officers
1. A person may be appointed judicial officer if he is a citizen of the Republic of Lithuania and is a person of good repute, holds a university degree in law (one-cycle or a bachelor’s degree), has served as an assistant judicial officer for at least two years and has won a public tender or has practised law or worked as a judicial officer for at least five years and has won a public tender. A person who holds a degree of doctor or doctor habilis in social sciences or a person who worked as a judicial officer for not less than five years if not less than three years have passed after his dismissal from the position of a judicial officer, where he has won a public tender, may be appointed judicial officer without an examination.
Article 5. Good Repute
A person may not be regarded to be of good repute where he:
1) has been convicted of a serious or grave crime, irrespective of whether or not the conviction has expired;
2) has been convicted of a misdemeanour, a minor or less serious premeditated or negligent crime and the conviction has not expired yet;
4) engages in a conduct or activities not compatible with the requirements of the Code of Professional Ethics of Judicial Officers.
5) he has been dismissed for professional misconduct or misconduct in office from the office of a judge, a prosecutor, an advocate, an advocate’s assistant, a notary, an assessor, a notary's representative, a court judicial officer, a judicial officer, a judicial officer's representative or an assistant judicial officer or from the civil service and less than five years have passed since the dismissal.
Article 6. Public Tender for Judicial Officers
1. A public tender shall be held for persons seeking admission to the profession and to perform the duties of a judicial officer. The tender shall be announced by the Ministry of Justice.
2. A public tender for judicial officers shall consist of a judicial officer's qualification examination and evaluation of advantages of the applicants The programme of the judicial officer’s qualification examination shall be approved by the Minister of Justice.
3. A public tender for judicial officers shall be held by the Commission of Public Tender for Judicial Officers. The Commission shall be formed, its regulations and the Procedure for Holding a Public Tender for Judicial Officers shall be approved by the Minister of Justice. The Commission of Public Tender for Judicial Officers shall be provided services and support in its activities by the Ministry of Justice. The Commission of Public Tender for Judicial Officers shall be composed of seven members. Three members, including the chair of the Commission, shall be appointed by the Minister of Justice, three members shall be appointed by the Chamber of Judicial Officers of Lithuania and one member - by the Chair of the Supreme Court of Lithuania. One of the three members of the Commission appointed by the Minister of Justice must be a person having a higher education in economy, one of the three members of the Commission appointed by the Chamber of Judicial Officers of Lithuania must be a person having a higher education in psychology. Five out of seven members of the Commission of Public Tender for Judicial Officers must be persons holding a university diploma in law.
Article 7. Approval of the Results of a Public Tender
1. The Commission of Public Tender for Judicial Officers shall submit the results of a tender for approval to the Minister of Justice. The results of the public tender for judicial officers shall be approved by an order indicating the winner/winners.
2. The Minister of Justice may refuse to approve the results of a public tender for judicial officers if it transpires that the public tender was held in violation of the requirements set out in this Law or the Procedure for Holding a Public Tender for Judicial Officers.
Article 8. Right to Engage in a Judicial Officer's Activities
1. The winners of a public tender shall have the right to engage in a judicial officer’s activities provided that they are compulsorily covered by professional liability insurance according to the procedure laid down by this Law, have been appointed judicial officers by an order of the Minister of Justice and have sworn an oath in accordance with the procedure laid down by this Law. The persons who have acquired the right to engage in a judicial officer’s activities shall declare their and their family members’ assets according to the procedure established by the Law of the Republic of Lithuania on the Declaration of Assets of Residents.
2. The winner of a public tender for judicial officers must, not later than within three months after the approval of the results of the public tender for judicial officers, establish a judicial officer's office meeting specified requirements or must conclude a partnership agreement to engage in activities at judicial officers' office, pay a specified compulsory civil liability insurance premium to the Chamber of Judicial Officers of Lithuania and submit documentary proof thereof to the Ministry of Justice.
3. The winner of a public tender for judicial officers, upon fulfilling the requirements set out in paragraph 2 of this Article, shall be appointed judicial officer by an order of the Minister of Justice not later than within ten days after submitting the documents evidencing fulfilment of the mentioned requirements.
4. After swearing an oath in accordance with the procedure laid down in this Law, a person appointed judicial officer shall be included in the list of judicial officers of Lithuania, issued a certificate confirming his right to exercise the activities of a judicial officer, a judicial officer's licence and a badge.
5. The list of judicial officers of Lithuania shall be drawn up and administered by the Ministry of Justice. The list of judicial officers of Lithuania shall be published by the Minister of Justice on the website of the Ministry of Justice.
6. An order of the Minister of Justice to appoint or to refuse to appoint a person judicial officer may be appealed against to court in accordance with the procedure laid down in the Law on Administrative Proceedings.
Article 9. Judicial Officer’s Oath
1. Before commencing to carry out a judicial officer's activities, but not later than within two months from his appointment as judicial officer, a person shall swear an oath. The oath shall be sworn to the Minister of Justice.
2. A person swearing an oath shall be entitled to choose one of the following texts of the oath:
1) ‘I, judicial officer (full name), swear my allegiance to the Republic of Lithuania, to abide by its Constitution and laws, always to be honest and to perform the duties of a judicial officer in good faith.
So help me God.’;
4. After swearing the oath, a judicial officer shall sign the text of the oath. The text of the oath shall be kept in the judicial officer’s personal file.
Article 10. Restrictions on a Judicial Officer's Activities
1. While engaging in the activities provided for by this Law, a judicial officer may not hold any other paid position at enterprises, institutions and organisations or be engaged in any other work, with the exception of service at the institutions of judicial officers' self-governance or research, creative work or teaching or work for electoral and referendum committees of all levels, also he may be not elected/appointed member of a management body of an enterprise whose activities are related to debt recovery, safekeeping of assets, valuation of property, legal advice and provision of intermediation services.
2. When disputes are settled by arbitration, a judicial officer may act as a arbitrator and receive a remuneration therefor. In performing the functions of an arbitrator, the judicial officer must avoid any conflict of interest or other circumstances that might raise doubts regarding his objectivity and impartiality in performing the functions prescribed by law. The judicial officer may not act as an arbitrator in disputes arising out of the relationships in respect whereof he has already performed the functions prescribed by law. Moreover, the judicial officer may not perform the functions prescribed by law in respect of relationships where he acted as an arbitrator in a dispute arising out of such relationships.
Article 11. Suspension of a Judicial Officer's Powers
1. A judicial officer's powers may be suspended by an order of the Minister of Justice where:
1) the judicial officer is suspected or is accused of the commission of a premeditated criminal act;
2) upon performing a review of the judicial officer’s activities, gross violations have been identified in managing, keeping and using monetary funds or other material valuables entrusted to the judicial officer or received in the course of performance of the functions prescribed by this Law, and disciplinary proceedings have been instituted on this ground;
2. A decision of the Minister of Justice to suspend a judicial officer’s powers must be substantiated. An order of the Minister of Justice to suspend the judicial officer’s powers may be appealed against to court in accordance with the procedure laid down in the Law on Administrative Proceedings.
3. A judicial officer’s powers may be suspended on the ground specified in point 2 of paragraph 1 of this Article by an order of the Minister of Justice pending the coming into force of a decision of the Judicial Officers’ Court of Honour.
4. A judicial officer’s powers shall be immediately restored once the grounds on which they were suspended disappear. The judicial officer’s powers shall be restored by the Minister of Justice except in cases when a decision on the suspension of the judicial officer’s powers indicated the ground of termination of suspension of the powers.
5. The powers of a judicial officer may also be suspended in accordance with the procedure and on the grounds established by other laws.
Article 12. Expiry of a Judicial Officer's Powers
1. A judicial officer’s powers shall expire:
2. A person shall be dismissed from a judicial officer’s position in the following cases:
3) if, in the opinion of a medical examination commission, he cannot work as a judicial officer for health reasons;
4) when a judgment of conviction sentencing the judicial officer for a criminal act becomes effective;
5) upon imposing upon him a disciplinary penalty , that is, dismissal from the judicial officer’s position;
8) where, upon his appointment as judicial officer, he fails to take an oath within two months after his appointment;
3. A judicial officer shall be dismissed by an order of the Minister of Justice. Upon the expiry of the judicial officer’s powers, the person shall be removed from the list of judicial officers of Lithuania.
4. An order of the Minister of Justice to dismiss a judicial officer from his position may be appealed against to court in accordance with the procedure laid down in the Law on Administrative Proceedings.
5. Upon the expiry of a judicial officer’s powers, pending enforcement files and other documents, moneys recovered but not paid down or property seized but not transferred to the plaintiff shall be passed to another judicial officer/judicial officers following the procedure determined by the Minister of Justice, while the records of the judicial officer shall be transferred to the Chamber of Judicial Officers of Lithuania following the procedure defined by the Minister of Justice. The Chamber of Judicial Officers must ensure that the actions indicated in this Article be performed and the termination of employment relationships of the judicial officer’s staff under law be duly executed.
Article 13. Procedure of Disciplinary Proceedings against a Judicial Officer and an Assistant Judicial Officer
1. A judicial officer/assistant judicial officer may incur disciplinary liability stipulated by this Law for violations of this Law, the Instructions for Enforcement of Decisions, the Code of Professional Ethics of Judicial Officers, other legal acts regulating the non-procedural activities of judicial officers, the procedure for recovery of enforcement costs not related to the calculation of the amount of the enforcement costs or where a court decision notes breaches of imperative provisions of procedural law.
2. Disciplinary proceedings against a judicial officer may be instituted by the Minister of Justice or the Presidium of the Chamber of Judicial Officers of Lithuania. Disciplinary proceedings against an assistant judicial officer may be instituted by the Minister of Justice or the Presidium of the of Chamber of Judicial Officers of Lithuania on its own initiative or on the recommendation of the judicial officer with whom the assistant judicial officer has concluded a contract of employment. Disciplinary proceedings against the judicial officer/assistant judicial officer must be instituted not later than within three months from the date of transpiration of a violation. The time during which the judicial officer/assistant judicial officer was ill or on leave shall not be included in this period.
3. In cases specified in Article 11(1)(2) of this Law, disciplinary proceedings against a judicial officer must be heard not later than within thirty days from the institution of the proceedings.
4. Disciplinary proceedings against a judicial officer/assistant judicial officer may not be instituted where more than one year has lapsed after the date of a violation.
5. If it transpires that a violation may have elements of a criminal act, the case shall be referred for investigation to relevant authorities; however, this shall not preclude institution of disciplinary proceedings or hearing of thereof.
6. Disciplinary proceedings against judicial officers/assistant judicial officers shall be heard by the Judicial Officers' Court of Honour. The procedure for instituting and hearing disciplinary proceedings shall be specified by regulations for instituting and hearing disciplinary proceedings. The regulations shall be approved by the Minister of Justice.
Article 14. Procedure for Imposing Disciplinary Penalties
1. After hearing disciplinary proceedings, the Judicial Officers’ Court of Honour shall adopt one of the following decisions:
1) to discontinue disciplinary proceedings if the fact of a violation has not been established or if it transpires that the deadline for instituting proceedings has been missed;
2) to exempt from disciplinary liability due to the marginal nature of the committed disciplinary violation;
2. When taking a decision, the nature and circumstances of a violation as well as the effective disciplinary penalties imposed on a judicial officer/assistant judicial officer shall be taken into account.
3. A disciplinary penalty shall remain in force for a period of one year from its imposition. The Judicial Officers’ Court of Honour may lift the disciplinary penalty according to the procedure established in the Rules for Instituting and Hearing Disciplinary Proceedings against Judicial Officers/Assistant Judicial Officers prior to the expiry of the term of the penalty, but not earlier than after the lapse of six months from the imposition of the penalty.
Article 15. Disciplinary Penalties
1. The following disciplinary penalties may be imposed upon a judicial officer:
3) deprivation of the right to provide the services indicated in Article 21(2) of this Law for a period of up to six months;
4) deprivation of the right to provide the services indicated in Article 21(1) of this Law for a period of up to six months;
2. The following disciplinary penalties may be imposed upon an assistant judicial officer:
Article 16. Liability of Judicial Officers
1. A judicial officer shall be held liable for damage caused by him or a member of his staff in accordance with the procedure provided by law. Damage must also be compensated for by a person whose powers as a judicial officer have expired.
Article 17. Insurance of Civil Liability of Judicial Officers
1. The professional civil liability of judicial officers shall be covered by compulsory insurance for damage caused to natural or legal persons in performing the functions of a judicial officer and exceeding EUR 290.
2. Compulsory insurance of a judicial officer against professional civil liability shall cover the judicial officer’s civil liability for damage caused in performing the judicial officer’s functions by illegal actions of the judicial officer, his representative, assistant or a member of his staff.
3. Judicial officers shall be covered by compulsory insurance against professional civil liability by concluding a joint contract of insurance of judicial officers against professional civil liability. The policyholder of compulsory insurance of judicial officers against professional civil liability shall be the Chamber of Judicial Officers of Lithuania. Each judicial officer must pay a premium to the Chamber of Judicial Officers of Lithuania. It shall not include the premium referred to in Article 45(5) of this Law. The minimum sum of compulsory insurance of each judicial officer against professional civil liability shall be EUR 58 000 for each insured event.
4. A judicial officer may additionally take out compulsory insurance of judicial officers against professional civil liability for damage caused to natural or legal persons in performing a judicial officer's functions.
5. The ceiling for premiums of compulsory insurance of judicial officers against professional civil liability for damage caused to natural or legal persons in performing a judicial officer's functions shall be determined by the Government or an institution authorised by it.
6. An insurance event shall be unlawful actions (acts or omissions) carried out by a judicial officer, his representative, assistants or any other members of his staff during the insurance period and resulting in damage.
7. An insurer authorised, according the procedure provided for in legal acts, to engage in compulsory insurance of judicial officers against professional civil liability must conclude a contract of compulsory insurance of judicial officers against professional civil liability with the Chamber of Judicial Officers of Lithuania, when it submits an application and all the documents required for concluding such a contract. The rules for compulsory insurance of judicial officers against professional civil liability shall be specified by the Government or an institution authorised by it.
8. Damage caused in performing a judicial officer’s functions shall be indemnified by the insurer in the form of an insurance benefit. If the amount of the insurance benefit is not sufficient to indemnify the damage in full, the difference between the benefit and the actual amount of damage shall be covered by the judicial officer who caused damage, with the exception of the case stipulated in Article 35(6) of this Law.
Article 18. Judicial Officer’s/Judicial Officers’ Office
1. One or several judicial officers shall establish a judicial officer's/judicial officers' office to engage in a judicial officer’s activities. The judicial officer's/judicial officers' office shall be the judicial officer’s/judicial officers’ place of business. A judicial officer’s office shall be established within the territory assigned to the judicial officer. If a judicial officer's office is established jointly by several judicial officers, it must be located within the territory assigned to one of the judicial officers; the territories assigned to other judicial officers must be in the vicinity of the territory where the judicial officers’ office is established.
2. A judicial officer’s/judicial officers’ office shall not be a subject of civil legal relationships, including economic commercial activities.
3. Requirements for the place of business and office hours of a judicial officer/judicial officers shall be approved by the Minister of Justice.
Article 19. Branch of a Judicial Officer’s/Judicial Officers’ Office
A branch of a judicial officer's/judicial officers' office may be established in the territory assigned to a judicial officer subject to an authorisation of the Minister of Justice.
Article 20. Address and Sign of a Judicial Officer’s/Judicial Officers’ Office
1. Any changes in the address or other details of an office must be communicated by a judicial officer to the Ministry of Justice or published in a national daily and local newspaper, also be communicated to the court in the territory whereof the judicial officer engages in his activities.
Article 21. Judicial Officer's Functions and Other Activities
1. A judicial officer must enforce the enforceable documents as prescribed by law, state factual circumstances under a court order, transfer and serve documents under a court order on natural and legal persons in the Republic of Lithuania and perform other functions prescribed by law.
2. Judicial officers may provide, under the procedure established by legal acts, the following services:
2) to state factual circumstances, transfer and serve written documents on natural and legal persons in the Republic of Lithuania in the absence of a court order;
3. Provision of services must not interfere with the performance of functions prescribed by law. In providing services, a judicial officer must avoid any conflict of interest or other circumstances that might raise doubts regarding the judicial officer's objectivity and impartiality in performing the functions prescribed by law. In all cases, the judicial officer must give priority to the functions prescribed by law. The judicial officer may not provide paid services in enforcement proceedings if he must perform the same actions by enforcement measures. In performing functions and providing services, the delimitation of performance of functions and provision of services must be ensured.
4. Enforcement costs shall include the following:
1) administrative costs of enforcement proceedings. They include the expenses necessary to carry out the actions mandatory in each proceedings and additional expenses incurred by specific actions in a given enforcement proceedings;
5. Enforcement costs shall be based on economic calculations ensuring a judicial officer’s economic independence, promoting efficient recovery and taking into account the nature and value of the activities required for the performance of the judicial officer's functions, redistribution of enforcement costs (cross-subsidisation) between different participants of the enforcement process, risks of the judicial officer’s professional activity and civil liability and costs. The administrative costs of enforcement proceedings must correspond to the costs incurred by the judicial officer and his staff (material costs and time costs) in carrying out enforcement actions. The remuneration to the judicial officer must ensure a reasonable return on investment, the opportunity to create appropriate conditions for providing services to clients and employ the staff holding necessary qualifications.
6. The amount of enforcement costs and the procedure for calculating and paying them shall be determined by the Ministry of Justice subject to coordination with the Ministry of Finance and the Chamber of Judicial Officers of Lithuania.
7. A judicial officer must report to the Government or an institution authorised by it, in accordance with the procedure established thereby, regarding the income earned and the expenses incurred in performing the functions and providing the services of a judicial officer.
Article 22. Judicial Officer’s Right to Receive Information
1. In performing the functions specified in Article 21(1) of this Law, a judicial officer shall have the right to receive, free of charge, the necessary data from the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania, administration agencies of the State Social Insurance Fund, cadastres and registers as well as from other natural and legal persons, including banks and other credit and financial institutions, irrespective of the format and method of provision of the data, copies of documents, computer data or copies thereof concerning the assets, funds, income, expenditure and activities as well as other data necessary for the performance of the judicial officer’s functions.
Article 23. Statement of Factual Circumstances
1. Statement of factual circumstances shall mean a detailed description of circumstances, items or assets and the condition thereof in a record of factual circumstances. The factual circumstances may additionally be recorded by means of other video or audio recording devices. An audio or video recording of the factual circumstances shall be considered a constituent part of the record of factual circumstances.
2. A judicial officer shall state factual circumstances in compliance with the principles of objectivity, impartiality and accuracy.
3. In stating factual circumstances, a judicial officer shall have the same rights to enter the residential or non-residential premises and territories belonging to legal and natural persons and to stay therein as the person at whose request the factual circumstances are stated.
4. A record of factual circumstances drawn up by a judicial officer under a court order shall be considered an official documentary evidence.
5. When stating factual circumstances at the request of natural or legal persons, a record of factual circumstances shall be drawn up in two copies. One copy shall be issued to a person at whose request the factual circumstances have been stated, while the second copy shall be kept in the judicial officer’s/judicial officers’ office. An electronic version of the record of factual circumstances, with the exception of video or audio records, shall be forwarded, not later than on the next day following the date of drawing up of the record, to the database of the Judicial Officers’ Information System in accordance with the procedure defined by regulations of the Judicial Officers’ Information System.
Article 24. Transfer and Service of Documents
1. Under a court order, documents shall be transferred and served in accordance with the procedure prescribed by the Code of Civil Procedure.
2. At the request of natural and legal persons, a judicial officer shall serve documents on other natural or legal persons in the Republic of Lithuania. The procedure for serving and transmitting the documents shall be approved by an order of the Minister of Justice.
3. Documents shall be transmitted and served on a person in person, by mailing a registered letter or in any other manner defined in the Procedure for Serving and Transmitting Documents, while informing the person that the documents are served by a judicial officer. At the request of the transmitting person, the judicial officer, when serving the documents to be transmitted in person may, and in cases prescribed by law, must explain to the person receiving the documents the legal consequences which may arise or arise from the service of the documents or a refusal to receive them.
Article 25. Mediation in Performing Property Obligations
1. Mediation in performing property obligations shall be aimed at ensuring the out-of-court recovery of debts without recourse to enforcement measures. Mediation in performing property obligations shall cover measures aimed at performing a property obligation by the debtor's good will or satisfying the creditor’s pecuniary claim by any other lawful means.
2. In providing services of mediation in performing property obligations, a judicial officer may not resort to measures which violate or restrict a person’s rights.
3. The service of mediation in performing property obligations may not be provided unless the time period for the performance of an obligation has expired or unless the creditor has provided to a judicial officer documentary evidence of the existence of a property obligation to the creditor and the amount thereof.
4. Where the debtor contests a property obligation or its amount in court, the service of mediation in performing property obligations may not be provided or must be terminated where its had already commenced.
5. A judicial officer must immediately inform the person at whose request he provides the service of mediation in performing property obligations where it transpires that, owing to the actions of the debtor or of third parties and to the debtor's property situation, the out-of-court recovery of debts is not possible without resorting to enforcement measures.
Article 26. Judicial Officer’s Territory
1. The territory assigned to a judicial officer shall coincide with the territory of one or several district courts. The territory assigned to the judicial officer shall be determined by the Minister of Justice. Several judicial officers may carry out a judicial officer's activities within one territory.
Article 27. Control and Examination of Complaints Regarding Activities of a Judicial Officer and an Assistant Judicial Officer
1. The lawfulness of the procedural actions undertaken by a judicial officer shall be controlled by the court in accordance with the procedure established by the Code of Civil Procedure.
2. The compliance of judicial officers/assistant judicial officers with this Law, the Instructions for Enforcement of Decisions, the Code of Professional Ethics of Judicial Officers, other legal acts approved by the Minister of Justice and regulating the activities of judicial officers, and the procedure for recovery of enforcement costs not related to the calculation of the amount of enforcement costs shall be controlled by the Ministry of Justice and the Chamber of Judicial Officers of Lithuania within their remit.
3. Judicial officers' activities may also be inspected by other institutions under the procedure prescribed by law.
5. Where persons submit to a judicial officer in writing applications and complaints regarding his activities, with the exception of the applications and complaints which, under law, are examined by the court, the judicial officer must, not later than within fourteen working days, examine the applications and complaints and provide reasoned replies, unless other laws stipulate otherwise.
6. Persons’ applications and complaints regarding judicial officers' activities, with the exception of the applications and complaints which, under law, are examined by the court, shall be examined by the Chamber of Judicial Officers of Lithuania or the Ministry of Justice. The Ministry of Justice shall, as a rule, not examine the persons’ applications and complaints, unless they had been previously examined by the Chamber of Judicial Officers of Lithuania.
Article 28. Assistant Judicial Officer
1. An assistant judicial officer must be a person of good repute and a citizen of the Republic of Lithuania holding a university degree in law, who has entered into a contract of employment with a judicial officer to fill the position of an assistant judicial officer and who is authorised to carry out the activities of an assistant judicial officer.
2. A person shall be authorised to engage in the activities of an assistant judicial officer by entering the name of the person conforming to the requirements stipulated in paragraph 1 of this Article onto the list of assistant judicial officers.
3. The list of assistant judicial officers shall be drawn up and administered by the Ministry of Justice, which shall also issue certificates of assistant judicial officers. The procedure for entering persons onto the list of assistant judicial officers shall be established by the Minister of Justice.
Article 29. Deprivation of the Right to Provide the Services of an Assistant Judicial Officer
1. An authorisation to engage in the activities of an assistant judicial officer shall be withdrawn by removing the assistant judicial officer from the list of assistant judicial officers:
Article 30. Rights and Duties of an Assistant Judicial Officer
1. An assistant judicial officer shall have the right to carry out procedural actions on behalf of a judicial officer and under his written authorisation, to provide the services indicated in Article 21(2) of this Law, other than statement of factual circumstances, disposal of pledged movable property by auction, institution or suspension of enforcement proceedings, return of an enforceable document, sale of assets, distribution of recovered funds among the plaintiffs, and calculation of enforcement costs.
2. An assistant judicial officer must comply with the requirements of work discipline and the Code of Professional Ethics of Judicial Officers, diligently carry out a judicial officer’s assignments, behave in a manner which would not be derogatory to the reputation of the profession and report to the judicial officer forthwith about the completion of an assignment.
Article 31. Liability of an Assistant Judicial Officer
1. For breaches of work discipline or damage caused, an assistant judicial officer shall be held liable to a judicial officer with whom he has entered into a contract of employment.
Article 32. Restrictions on an Assistant Judicial Officer’s Activities
1. An assistant judicial officer may not hold any other paid position at enterprises, institutions and organisations or be engaged in any other work, with the exception of research, creative work or teaching or work for electoral and referendum committees of all levels, also he may be not elected/appointed member of a management body of an enterprise whose activities are related to debt recovery, safekeeping of assets, valuation of property, legal advice and provision of intermediation services.
2. When disputes are settled by arbitration, an assistant judicial officer may act as a arbitrator and receive a remuneration therefor. In performing the functions of an arbitrator, the assistant judicial officer must avoid any conflict of interest or other circumstances that might raise doubts regarding his objectivity and impartiality in performing the functions prescribed by law. The assistant judicial officer may not act as an arbitrator in disputes arising out of the relationships in respect whereof he has already performed the functions prescribed by law. Moreover, the assistant judicial officer may not perform the functions prescribed by law in respect of relationships where he acted as an arbitrator in a dispute arising out of such relationships.
Article 33. Training and In-service Training of Assistant Judicial Officers
1. Training and in-service training of assistant judicial officers shall be organised by the Chamber of Judicial Officers of Lithuania.
Article 34. Notice of Non-Performance of a Judicial Officer’s Functions
1. If a judicial officer is unable to perform his functions due to an illness, leave or for other reasons, a judicial officer’s agent or a substituting judicial officer shall be appointed by an order of the Minister of Justice.
2. A judicial officer who is unable to perform his functions for more than one working day due to an illness or for other reasons must give a notice to the Ministry of Justice and the Presidium of the Chamber of Judicial Officers of Lithuania not later than on the second working day of non-performance of a judicial officer’s functions. If the judicial officer is unable to perform his functions for predictable reasons, he must give a notice in due time to the Ministry of Justice and the Presidium of the Chamber of Judicial Officers of Lithuania.
Article 35. Judicial Officer’s Agent
1. A person may be appointed to the position of a judicial officer’s agent if he is a person of good repute and a citizen of the Republic of Lithuania holding a university degree in law (one-cycle, bachelor’s or master’s degree), has passed a judicial officer's qualification examination, has held the position of an assistant judicial officer for not less than two years or has practised law for not less than five years. A person who holds a degree of doctor or doctor habilis in social sciences (law) may be appointed a judicial officer’s agent without the examination. A judicial officer's agent shall be appointed by an order of the Minister of Justice on the basis of applications of the judicial officer on whose behalf the agent acts and the person who agrees to act on his behalf. Where a judicial officer is unable to perform a judicial officer's function not through his fault and is reasonably unable to file an application to appoint a judicial officer's agent, the Minister of Justice shall, having regard to the opinion of the Presidium of the Chamber of Judicial Officers of Lithuania, have the right to appoint a judicial officer's agent on his own initiative, provided that it is necessary to ensure the performance of a judicial officer’s functions within the territory.
2. A person may be appointed as a agent of one judicial officer only. A judicial officer’s agent may be appointed for a period not longer than one year. This term may be extended for important reasons. The activities of a judicial officer’s agent may be carried out by a person who has been appointed as a judicial officer’s agent and has taken an oath in accordance with the procedure laid down in Article 9 of this Law. If the person took the judicial officer’s oath following the procedure defined by this Law before his appointment as the judicial officer’s agent, it shall not be necessary to take the oath from anew. The judicial officer in place whereof an agent has been appointed may not perform any functions of a judicial officer or render any other services set forth in this Law during the period of agency.
3. Before a judicial officer’s agent commences his activities, the judicial officer in place whereof the agent is appointed shall sign with his representative a written agency contract specifying the terms and conditions of agency and remuneration therefor. Where the judicial officer’s agent is appointed on the initiative of the Minister of Justice, a contract with the judicial officer’s agent on the terms and conditions of agency as well as the remuneration therefor shall be concluded by the Presidium of the Chamber of Judicial Officers of Lithuania.
4. A judicial officer's agent shall be dismissed by an order of the Minister of Justice:
5. A judicial officer’s agent shall be held liable under disciplinary procedure as a judicial officer. Unless a contract specifies otherwise, the judicial officer’s agent shall have all the rights and duties of the judicial officer, including those of the employer. A judicial officer’s agent shall be subject to the restrictions on a judicial officer’s activities provided for in this Law. The judicial officer’s agent shall carry out all and every action on behalf of the judicial officer in place whereof he is appointed, using the latter’s seal and indicating that he is acting in the capacity of the judicial officer’s agent.
6. Damage caused by a judicial officer’s agent shall be compensated by means of insurance against professional civil liability of judicial officers. The uncovered damage shall be compensated jointly and severally by the judicial officer in place whereof the agent is appointed and the judicial officer’s agent in accordance with the procedure specified by the Civil Code and this Law.
Article 36. Substituting Judicial Officer
1. The Minister of Justice may, on the recommendation of a judicial officer, appoint by an order a substituting judicial officer for a period not longer than 30 days, and where there is no recommendation of the judicial officer, another judicial officer from the same judicial officers’ office serving as a judicial officer in the same or a neighbouring territory may be appointed substituting judicial officer.
2. If the powers of a judicial officer are suspended or if the judicial officer’s agent is not appointed in accordance with the procedure specified in Article 35 of this Law, the substituting judicial officer may be appointed on the initiative of the Minister of Justice. In this case, the substituting judicial officer shall be appointed until resumption of the judicial officer's powers or until appointment of the judicial officer's agent.
3. During the period of substitution, a judicial officer may not perform any duties of a judicial officer or render other services specified in this Law.
4. A substituting judicial officer and a judicial officer who is substituted shall conclude a written agreement on the terms and conditions of substitution and remuneration for the substitution. Where the substituting judicial officer and the judicial officer fail to agree on the terms and conditions of substitution or where the substituting judicial officer is appointed on the initiative of the Minister of Justice, the terms and conditions of substitution as well as the remuneration for the substituting judicial officer shall be specified in accordance with the procedure laid down by the Minister of Justice.
5. A substituting judicial officer shall manage a judicial officer’s office and perform all the functions of the employer and the judicial officer in the manner as the judicial officer who is substituted would do. The substituting judicial officer shall be held liable for damage caused during the period of substitution under the procedure laid down in this Law.
Article 37. Accounting for, Provision and Storage of Data and Information Received in Performing a Judicial Officer’s Duties
1. Enforceable documents accepted by a judicial officer for enforcement shall be entered in the general list of enforceable documents. Data on the enforcement of the enforceable documents, statement of factual circumstances and transfer or service of the documents shall be stored at the judicial officer’s/judicial officers' office. The procedure for storing, accounting for, using and destroying data on the acceptance and enforcement of the enforceable documents, statement of factual circumstances and transfer and service of the documents shall be approved by the Minister of Justice.
2. A judicial officer must ensure appropriate use and storage of data on the enforcement of enforceable documents, statement of factual circumstances and transfer or service of the documents. The following information technologies may be used for the purposes of data collection, accumulation and transmission: computers, special software, databases and data transmission networks forming a judicial officers' information system. The regulations thereof and the procedure for providing data shall be specified by the Minister of Justice.
3. A judicial officer must make available to the Ministry of Justice and the Chamber of Judicial Officers of Lithuania the information required for the exercise of the control specified in Article 27(2) of this Law. Information about circumstances of private life and professional secrets of a natural person or commercial secrets of legal persons which was received or transpired in the course of performance of a judicial officer's functions or provision of services may not be disclosed or made available except for the cases provided by law.
4. Certificates regarding enforcement actions, statement of factual circumstances, transfer or service of documents, the documents or copies thereof drawn up in carrying out the said actions may be made available only to the persons involved in the enforcement process, to natural and legal persons at whose request the factual circumstances have been stated or the documents have been served or transferred or to their legal representatives, except for the cases provided by law.
5. The procedure for accounting for and using documents, data and information, as set out in this Law, shall also apply to a judicial officer’s representative, an assistant judicial officer, other staff members of the judicial officer’s office who became aware of such data or information during their employment at the judicial officer’s office, also to the persons whose employment as a judicial officer, an assistant judicial officer and a staff member of the judicial officer’s office has terminated.
Article 38. Judicial Officers’ In-service Training
1. A judicial officer must continuously improve his qualifications. The in-service training of judicial officers shall be organised by the Chamber of Judicial Officers of Lithuania and coordinated by the Ministry of Justice.
Article 39. Performance Appraisal and Health Examination of Judicial Officers
1. With a view to verifying judicial officers' qualifications and professional knowledge, the judicial officers shall be subject to a regular and extraordinary performance appraisal. The regular performance appraisal of judicial officers shall be held every four years. The performance appraisal of judicial officers shall be carried out by the Performance Appraisal Commission. The Commission shall be formed, regulations thereof and the Rules for Performance Appraisal of Judicial Officers shall be approved by the Minister of Justice.
2. The Performance Appraisal Commission shall be comprised of five members, three of whom, including the chair, shall be appointed by the Minister of Justice, two members – by the Presidium of the Chamber of Judicial Officers of Lithuania, and one member – by the President of the Supreme Court of Lithuania. Only the persons holding a university diploma in law may be appointed members of the Performance Appraisal Commission.
3. An extraordinary appraisal of a judicial officer may be initiated where, upon conducting a verification, the established recurring cases of the judicial officer’s professional misconduct raise reasonable doubt as regards the judicial officer’s qualifications, but there is no ground for imposing disciplinary liability upon the judicial officer. The right to initiate an extraordinary appraisal of the judicial officer shall be granted to the Minister of Justice or the Chamber of Judicial Officers of Lithuania. The judicial officer’s extraordinary appraisal may be conducted after the lapse of not less than six months following the judicial officer’s regular appraisal.
4. The Performance Appraisal Commission shall adopt one of the following conclusions:
2) to perform an appraisal of a judicial officer under the condition that, within the specified time limit, he will eliminate the shortcomings in activities indicated by the Commission and additionally improve his professional qualifications;
Article 40. Document Management
1. A judicial officer's documents shall be drafted and procedural actions shall be carried out in the state language. At the request and the expense of the plaintiff or a debtor, documents may be drafted in both the state language and a foreign language of the choice of the plaintiff or the debtor.
Article 41. Deposit Accounts, Seal and Signature of a Judicial Officer
1. A judicial officer shall have a seal with the national emblem and his full name. The format of the judicial officer’s seal shall be determined by the Minister of Justice.
2. A judicial officer shall have a separate deposit account/accounts as well as other accounts in accordance with the procedure established by law.
3. The funds belonging to other persons and held in a judicial officer’s deposit account may not be pledged, seized, be used or disposed of, be the object of recovery according to the obligations of the judicial officer or the object to a deposit contract.
4. Before commencing his activities as a judicial officer, the judicial officer must provide to the Ministry of Justice and the Chamber of Judicial Officers of Lithuania a sample of his seal and signature.
Article 42. Use of National Symbols
A judicial officer shall use the national emblem of Lithuania on his letterforms, seal and sign.
Article 43. Judicial Officer’s Records
1. A judicial officer must keep his records in proper order. The rules for managing and keeping the judicial officer’s records shall be specified by the Minister of Justice upon coordination with the Director of the Lithuanian Archives Department under the Government of the Republic of Lithuania
2. The Minister of Justice shall, together with the Director of the Lithuanian Archives Department, under the Government of the Republic of Lithuania shall approve the index of time limits for the storage of a judicial officer’s records.
Article 431. Electronic Enforcement Files, Use of Information and Electronic Communications Technologies in Judicial Officers’ Activities
1. The electronic data related to enforcement files in a judicial officer's office shall be processed, entered in accounts and stored using information and electronic communications technologies in accordance with the procedure laid down by the Minister of Justice upon coordination with the Chief Archivist of Lithuania. Enforcement files and the information related to enforcement proceedings may be processed exclusively in an electronic format. In the case of an electronic enforcement file, the written information received and forwarded by the judicial officer shall be subject to digitisation in accordance with the procedure laid down in paragraph 6 of this Article, while written documents shall be processed, stored and destroyed in accordance with the procedure laid down by the Minister of Justice upon coordination with the Chief Archivist of Lithuania.
2. The parties to enforcement proceedings and the persons concerned shall, in accordance with the procedure laid down by the Minister of Justice, have the right to access an electronic enforcement file and obtain copies of the documents contained therein. Moreover, the person shall, in accordance with the procedure laid down by laws, have the right to access completed enforcement files. A judicial officer’s office shall provide the necessary technical conditions for the exercise of these rights; in addition, conditions must be provided for accessing electronic enforcement files and obtaining copies thereof at a distance.
3. The parties to enforcement proceedings and the persons concerned shall, in accordance with the procedure laid down by the Minister of Justice, have the right to submit to a judicial officer all documents and information related to enforcement proceedings in an electronic format using means of electronic communications. The persons submitting documents using means of electronic communications must sign them by an advanced electronic signature or prove their identity by other means (using electronic banking systems, etc.) or be registered in the Judicial Officers Information System. Requirements for and ways of proving a person’s identity shall be specified by the Minister of Justice.
4. A judicial officer shall, in the cases specified by law, notify participants in enforcement proceedings of enforcement actions or procedural decisions using means of electronic communications in accordance with the procedure laid down by the Minister of Justice.
5. A judicial officer’s office shall provide necessary technical conditions for the endorsement of documents related to enforcement proceedings and copies thereof by an advanced electronic signature generated by a secure signature-creation device and bearing a qualified certificate. The procedural documents drawn up by the judicial officer and endorsed by an electronic signature and copies thereof shall have the same legal effect as the procedural documents endorsed by hand-written signatures.
6. An electronic enforcement file shall store digital copies of the written documents drawn up or received in the course of enforcement proceedings, except for the documents which, according to statutory requirements, cannot be digitised, and created or submitted electronic documents. The written documents must be digitised and digital copies thereof must be moved to an electronic enforcement file not later than within three working days from their receipt at a judicial officer's office. The digital copy must indicate the time of digitisation of a document and a person who has performed the digitisation of the document. The digital copy must bear an advanced electronic signature of the person who has performed the digitisation. Where, for the reasons set out in this paragraph, a written document cannot be digitised, a judicial officer shall adopt a reasoned ordinance to store documents exclusively in a written format and enter a note thereof in an electronic enforcement file.
Article 44. Prohibition of Advertising
2. Information about a judicial officer, his activities and the judicial officer’s/judicial officers' office published in information bulletins (telephone directories, company directories, websites, etc.), on official letterforms and business cards shall not be considered advertising of a judicial officer’s activities.
Article 45. Chamber of Judicial Officers of Lithuania
1. Self-governance of judicial officers shall be implemented by the Chamber of Judicial Officers of Lithuania.
2. Judicial officers of the Republic of Lithuania shall unite into the Chamber of Judicial Officers of Lithuania. Its seat shall be in Vilnius.
4. The Chamber of Judicial Officers of Lithuania shall be a public legal person. The activities of the Chamber of Judicial Officers of Lithuania shall be regulated by the Law on Associations, insofar as this Law does not provide otherwise, and by the statute of the Chamber of Judicial Officers of Lithuania.
Article 46. Functions of the Chamber of Judicial Officers of Lithuania
1. The Chamber of Judicial Officers of Lithuania shall have the following functions:
2) representation of the interests of judicial officers before state government institutions, international and foreign organisations;
3) drafting of legal acts on matters relating to the practice of judicial officers and submitting them to the Ministry of Justice;
4) monitoring of the practice of judicial officers in accordance with the procedure prescribed by this Law and other legal acts;
5) organisation and implementation of the in-service training of judicial officers and assistant judicial officers;
6) management, in accordance with the procedure laid down by the Minister of Justice, of the archive records of judicial officers whose powers have expired;
Article 47. Judicial Officers’ Meeting
1. The judicial officers’ meeting shall be convened by the Chair of the Presidium of the Chamber of Judicial Officers of Lithuania. The judicial officers’ meeting shall be convened at least on an annual basis. The extraordinary judicial officers’ meeting must be convened at the request of at least 1/3 of all judicial officers.
2. The judicial officers' meeting shall:
4) approve the rules of procedure of the Presidium of the Chamber of Judicial Officers of Lithuania;
5) adopt the statute of the Chamber of Judicial Officers of Lithuania and the Code of Professional Ethics of Judicial Officers to be published by the Minister of Justice in the Register of Legal Acts;
6) approve, on the recommendation of the Presidium of the Chamber of Judicial Officers of Lithuania, the amount of the dues payable to the Chamber of Judicial Officers of Lithuania;
3. The judicial officers' meeting shall be valid if attended by more than half of all judicial officers. The judicial officers' meeting shall be presided over by the Chair of the Presidium of the Chamber of Judicial Officers of Lithuania or, on his instruction, another member of the Presidium. At the judicial officers’ meeting, decisions shall be taken by a simple majority of votes of the judicial officers attending the meeting. The minutes of the judicial officers’ meeting shall be signed by the chair and the secretary of the meeting.
Article 48. Presidium of the Chamber of Judicial Officers of Lithuania
1. The Presidium of the Chamber of Judicial Officers of Lithuania shall be the managing body of the Chamber of Judicial Officers of Lithuania. It shall have five members, including the Chair of the Presidium, who shall be elected by the judicial officers’ meeting for a term of four years. A judicial officer may be elected a member of the Presidium of the Chamber of Judicial Officers of Lithuania, including the Chair of the Presidium, for no more than two terms in succession. The Chair of the Presidium of the Chamber of Judicial Officers of Lithuania shall act as a representative of the Chamber of Judicial Officers of Lithuania.
2. The powers and standing procedure of the Presidium shall be defined by this Law and the rules of procedure of the Presidium of the Chamber of Judicial Officers of Lithuania.
3. In performing the functions assigned to the Chamber of Judicial Officers of Lithuania, the Presidium of the Chamber of Judicial Officers of Lithuania shall:
2) put forward proposals to the judicial officers’ meeting on issues relating to judicial officers’ practice;
5) may request that judicial officers provide information necessary for the performance of the functions of the Chamber of Judicial Officers of Lithuania;
4. The Presidium of the Chamber of Judicial Officers of Lithuania shall submit to the Minister of Justice for publication the statute of the Chamber of Judicial Officers of Lithuania adopted by the judicial officers' meeting. The Minister of Justice may refuse to publish the statute if it contradicts this Law or other legal acts. A refusal of the Minister of Justice to publish the statute may be appealed against to court in accordance with the procedure laid down by the Law on Administrative Proceedings.
Article 49. Judicial Officers’ Court of Honour
1. The Judicial Officers’ Court of Honour shall consist of five members, of whom two shall be elected at a judicial officers’ meeting, two shall be appointed by the Minister of Justice and one shall be appointed by the President of the Supreme Court of Lithuania.
2. Members to the Judicial Officers’ Court of Honour shall be appointed from among judicial officers for a term of four years. A person may be elected or appointed a member of the Judicial Officers’ Court of Honour for no more than two terms in succession.
Article 50. Entry into Force and Implementation of the Law
The procedure for entry into force and implementation of this Law shall be stipulated by the Law on the Entry into Force and Implementation of the Law on Judicial Officers.