REPUBLIC OF LITHUANIA
LAW ON HIGHER EDUCATION AND RESEARCH
30 April 2009 No XI-242
Vilnius
(As last amended on 17 December 2015 – No XII-2198)
The mission of higher education and research is to help ensure the country’s public, cultural and economic prosperity, provide support and impetus for a full life of every citizen of the Republic of Lithuania, and satisfy the natural thirst for knowledge. The Lithuanian policy on higher education and research guarantees the quality of higher education and research, equal access to higher education for all citizens and favourable conditions for the best of them to conduct their research, and to seek academic and creative development; the said policy ensures that the system of higher education and research satisfies the needs of society and the economy, supports its openness and integration into the international area of higher education and research. A cohesive system of higher education and research is the foundation for the development of the knowledge society, the strengthening of the knowledge-based economy and the sustainable development of the country, a dynamic and competitive life of the national economy, and social and economic well-being; such a system cultivates a creative, educated, dignified, morally responsible, public-spirited, independent and entrepreneurial personality, fosters the civilizational identity of Lithuania, supports, develops and creates national and global cultural traditions.
Article 1. Purpose of the Law
This Law shall establish:
3) legal basis of establishment, termination and restructuring of higher education and research institutions;
5) management of higher education and research institutions, organization and supervision of their activities;
6) rights and duties of the academic staff, research staff and students of higher education and research institutions;
Article 2. Exceptions to the application of the Law
1. The provisions of this Law shall apply to the General Jonas Žemaitis Military Academy of Lithuania in so far as they are not in contradiction of the laws on the organization of the national defence system and military service.
Article 3. Principles of higher education and research
1. Research shall be based on the following principles:
2. Higher education shall be based on the following principles:
3. The State shall give a strategic priority to Lithuanian studies which fulfil the essential tasks of preserving, enhancing and developing national identity. Higher education and research institutions, to the extent they participate in implementation of this priority, shall be regarded as carrying out activities of strategic importance.
Article 4. Definitions
1. Graduate means a person who has completed a study programme and has been granted a diploma attesting to a qualification of higher education.
2. College higher education means education attained in higher education institutions of Lithuania after completion of programmes of college studies pursuant to which a higher education qualification is awarded, or education attained in foreign higher education and research institutions, and recognised as being of an equivalent level in accordance with the procedure laid down by legal acts.
3. University higher education means education attained in higher education institutions of Lithuania after completion of programmes of university studies or doctoral studies pursuant to which a higher education qualification is awarded, or education attained in foreign higher education and research institutions, and recognised as being of an equivalent level in accordance with the procedure laid down by legal acts.
4. Accreditation of a higher education institution or a study programme means evaluation of conformity of a higher education institution or a study programme with requirements of legal acts.
5. Diploma of higher education means a document certifying a qualification of higher education acquired by a person.
6. Qualification of higher education means a qualification degree (professional bachelor’s, bachelor’s, master’s), the doctor of science degree, the doctor of arts degree as well as a qualification which is awarded by a higher education institution in accordance with the procedure laid down by legal acts.
7. Teacher means a person who educates and teaches students and unclassified students in a higher education institution.
8. Experimental (social, cultural) development means a systematic activity based on the knowledge acquired through research and practical experience, the aim of which is to create new materials, products and equipment, develop new processes, systems and services or to essentially improve those already created or developed; also to create, develop or to essentially improve solutions of problems faced by man, culture and society, based on the knowledge acquired through research and practical experience.
9. Fundamental research means experimental and/or theoretical operations which are carried out primarily to acquire new knowledge about the essence of phenomena and/or observed reality without aiming, at the time of research, to use the obtained results for a specific purpose.
10. Unclassified student means a person who studies according to non-formal education programmes or separate study subjects (their sets).
11. Research and experimental (social, cultural) development means a systematic creative activity of the study of nature, man, culture and society, and the use of the results of such activity.
13. Research institute means an establishment the main activity of which is research and experimental (social, cultural) development.
14. Higher education and research institutions means legal persons the main activity of which is carrying-out of studies and activities related to studies, and/or research and experimental (social, cultural) development.
15. Staff of higher education and research institutions means teaching staff, research staff, other researchers, the administrative staff and other employees.
16. Communication of research (art) to the public means making research, artistic creation known to the public.
17. Established artist means a creator or a performer of artistic works whose creative activities are defined by works which are especially significant for art and culture and have been implemented in Lithuania or/and abroad, have gained a wide recognition of the public and art specialists, have been acknowledged with prestigious international or national prizes and other high awards, or/and who has educated distinguished artists and meets the requirements set by a higher education institution in which he seeks to hold or already holds a position.
18. Residency means studies according to study programmes upon completion of which a degree is not awarded; such studies are intended for persons who have acquired university higher education to prepare for independent practical activity in the manner prescribed by legal acts.
19. Student means a person who studies in a higher education institution according to a study programme or in doctoral studies.
20. Studies means studying of a person, who has completed at least his secondary education, in a higher education institution according to a certain study programme or when preparing a dissertation.
21. Study credit means a unit of the scope of studies, by which study results and student’s working time are measured. 1600 hours of one academic year shall equal to 60 credits.
22. Study field means a set of study programmes the title of which is entered in a higher education diploma along with the title of a qualification degree.
23. Study programme means a totality of the content, methods and material facilities of studies of a certain study field, the academic and professional staff as well as the description of the said totality.
25. Activities related to studies means announcement of admission to study, consultation about studies, conclusion of contracts concerning studies and other activities necessary to carry out and/or organize studies, as well as issuing of diplomas, the diploma supplement (addendum), certificates attesting to a higher education qualification.
26. Applied research means the experimental and/or theoretical operations carried out for acquiring new knowledge and primarily aimed at attaining specific practical objectives or at solving tasks.
Article 5. Groups of higher education and research institutions
There are two groups of higher education and research institutions: higher education institutions and research institutes.
Article 6. Types of higher education institutions and foundations of their activities
3. A higher education institution shall organize and carry out studies, award higher education qualifications set in this Law, conduct research, pursue experimental (social, cultural) development and/or artistic activity, apply results of the research and experimental (social, cultural) development, accumulate scientific knowledge, develop creative activity and culture, foster values and traditions of the academic community.
4. A state higher education institution shall be a public legal person functioning as a public establishment, possessing the autonomy guaranteed by the Constitution of the Republic of Lithuania, and the special status defined by this and other laws. A non-state higher education institution shall be a public legal person functioning as a public establishment or a private legal person.
Article 7. Autonomy and accountability of higher education institutions
1. A higher education institution shall enjoy autonomy which covers academic, administrative, economic and financial management activities, and is based on the principle of self-governance and academic freedom. Pursuant to the procedure laid down by the Constitution of the Republic of Lithuania, this Law and other laws the autonomy of a higher education institution shall be harmonized with accountability to the public, founders and members of the legal person.
2. A higher education institution shall have the right to:
1) choose fields and forms of study and the development of a personality, research and experimental (social, cultural) development, professional artistic activity, communication of cultural and scientific knowledge to the public;
7) establish its own structure, internal working arrangements, the number of staff, their rights, duties and conditions of payment for work, position requirements, the procedure of organization of competitions to fill positions and of performance evaluation of employees, adhering to laws and other legal acts;
10) set forms of cooperation with natural and legal persons of the Republic of Lithuania and foreign countries;
12) pursue economic and commercial activities which are not prohibited by laws and which are inseparably connected with the objectives of activities thereof;
3. A higher education institution must:
2) inform the founders, members of the legal person and the public about quality assurance measures in studies and research activities, the use of funds appropriated by the State, and in case of state higher education institutions – also about their financial, economic and research activities; the results of external quality evaluation and accreditation of their study programmes;
3) furnish in due time official information to institutions authorised by the Government (statistical data and relevant information) which is necessary for the management and monitoring of the higher education and research system;
4. Accountability of a higher education institution shall also be carried out through the supervision comprising the monitoring of access to and quality of education and research, provision of consultation to higher education institutions, institutions implementing higher education and research policy, carrying-out of preventive measures, evaluation and accreditation of higher education institutions, application of sanctions, promotion of improvement of educational and research activity quality as well as other measures provided for by laws. The Ministry of Education and Science as well as other institutions and establishments authorised by laws and other legal acts shall exercise supervision of activities of state higher education institutions in accordance with the procedure laid down by the Government.
5. An annual activity report of a higher education institution shall be each year announced on the website of the higher education institution. The following information must be specified in the annual activity report of the higher education institution: number of students, teachers, research staff, administrative staff, including those visiting from abroad; composition and qualification of teaching and research staff as well as administrative staff of the higher education institution; number of graduates; number of graduates employed according to their study programmes; number of study programmes; funds of the higher education institution for one student; state budget appropriations allocated for the higher education institution, including the European Union support funds, and the use thereof; total floor area of the higher education institution for one student; scope of conducted research and applied research (scientific activity), professional artistic activity. The Minister of Education and Science may, in accordance with the procedure laid down by him, also determine other data which must be announced in the annual activity report of the higher education institution.
Article 8. University
1. The university shall carry out university studies, conduct research, experimental (social, cultural) development and/or develop high-level professional art. The name of a higher education institution must contain a word ‘’university’’ or ‘’academy’’, or ‘’seminary’’.
2. Objectives of the university:
1) to carry out studies which provide a person with university higher education based on research and corresponding to the modern level of knowledge and technologies, a higher education qualification, develop a thoroughly educated, ethically responsible, creative and entrepreneurial person;
2) to harmoniously develop scientific cognition of various fields, to conduct high-level research and experimental (social, cultural) development, to train scientists, to cooperate with national and foreign partners in the field of research;
3) when cooperating with public and economic partners, to promote the development of regions and the whole country through research, educational, artistic and other cultural activities;
Article 9. College
1. The college shall carry out college studies, develop applied research and/or professional art. The name of a higher education institution which carries out such activities must contain a word ‘’college’’ or ‘’higher education institution’’.
2. Objectives of the college:
1) to carry out studies which provide a person with college higher education and a higher education qualification and which satisfy the needs of the State, society and the economy of Lithuania, and conform to the level of science and latest technologies;
2) to develop applied research necessary for the region, to provide consultation to local government and economic entities;
3. More than half of the teaching staff of a college must have at least three-year practical work experience in the sphere of the subject they teach. The qualification in the taught subject must be improved in accordance with the procedure laid down by the college. Subjects which must be taught at colleges by the teachers with a scientific degree shall be determined by the profile of a study field, of a set of study fields or of a study area.
Article 10. Research institute
2. A state research institute shall conduct long-term research and experimental (social, cultural) development, important for the State, the public or the economic entities, in the area defined by the founder (members of the legal person).
3. Objectives of a state research institute:
1) to conduct long-term research and experimental (social, cultural) development in a certain area (areas), important for the continuity and development of the national economy, culture, healthcare and society;
2) to cooperate with representatives of business, the government and the public, to carry out commissioned works of research and experimental (social, cultural) development, to render methodological and other assistance;
4. State research institutes whose purpose is to gather, systematize, preserve, communicate intangible and document heritage of Lithuanian studies to the public, to conduct fundamental research of the heritage of the Lithuanian language, ethnology, writings, culture and history shall have a status of especial national importance. This status shall be implemented by the Government through approving their statutes and adopting other legal acts.
5. A state research institute shall be a public legal person that functions as a budgetary or public establishment. A non-state research institute may be a public legal person functioning as a public establishment or a private legal person. A state research institute functioning as a budgetary establishment may be restructured into a public establishment.
Article 11. Rights and duties of a research institute
1. A research institute shall have the right:
1) in compliance with laws and other legal acts, to determine its own structure, internal working arrangements, the number of staff, their rights and duties, and conditions of payment for work, position requirements, the procedure for organising competitions to fill positions and for the performance evaluation of employees;
2) when fulfilling its mission, to cooperate with natural and legal persons of the Republic of Lithuania and foreign countries;
3) to publish scientific and other literature, to choose ways to announce the results of its research and experimental (social, cultural) development;
4) in conjunction with universities and in accordance with the procedure laid down by this Law, to train scientists, to help in training specialists;
5) to promote the use of the results of research and experimental (social, cultural) development in the fields of economy, social and cultural life;
6) under contracts with natural and legal persons of the Republic of Lithuania and foreign countries, to carry out expert examinations, to provide scientific consultations and other services in the spheres of its research;
2. A research institute must:
2) inform the founder (members of the legal person) and the public about quality assurance measures in research activity, the use of funds appropriated by the State, and in case of a state research institute – also inform about its financial, economic activities;
3) furnish in due time official information to institutions authorised by the Government (statistical data and relevant information) which is necessary for the management and monitoring of the higher education and research system;
Article 12. Institutions forming and implementing higher education and research policy
2. The national higher education and research policy shall, within the competence defined by this Law, other laws and legal acts, be implemented by the Government, the Ministry of Education and Science, other ministries, the Research Council of Lithuania, the State Studies Foundation, the Centre for Quality Assessment in Higher Education, the Ombudsperson for Academic Ethics and Procedures, institutions authorised by the Government and the Ministry of Education and Science, as well as other institutions.
3. The Council of Higher Education shall be an expert body on issues of higher education development. The Council of Higher Education shall be set up and function according to the regulations approved by the Government.
4. The Agency for Science, Innovation and Technology shall coordinate the participation of Lithuanian establishments, enterprises, organizations and persons in international research programmes and projects, implement a policy of research and experimental (social, cultural) development necessary for the development of innovations, the emergence of new technologies, carry out coordination of the implementation, administering, evaluation and funding of related programmes and measures, as well as perform other functions defined by the Government or an institution authorised by it. The Agency for Science, Innovation and Technology shall be a budgetary institution. It shall be founded by the Government or an institution authorised by it.
Article 13. Research Council of Lithuania
1. The Research Council of Lithuania shall be a state budgetary establishment. The Seimas shall, on the recommendation of the Government, set up the said Council, approve its regulations and members proposed by the Government. The Research Council of Lithuania shall be accountable to the Seimas and the Government. The Chairman of the Research Council of Lithuania shall be a single-person management body of the Research Council of Lithuania.
2. The Research Council of Lithuania shall be an advisor to the Seimas and the Government on the issues pertaining to research and preparation of researchers. The Research Council of Lithuania shall participate in the implementation of research, experimental (social, cultural) development and other programmes, competition-based programme funding of research, experimental (social, cultural) development works and shall organise evaluation of research activities carried out in Lithuania.
3. The Research Council of Lithuania shall consist of the Board of the Research Council of Lithuania, the Research Foundation and two expert Committees: the Committee of Humanities and Social Sciences and the Committee of Natural and Technical Sciences. These Committees shall be set up in accordance with the procedure laid down in the regulations of the Research Council of Lithuania.
Article 14. State Studies Foundation
1. The State Studies Foundation shall be a state budgetary establishment. This Foundation shall be set up and its regulations and the Board shall be approved by the Government. The Director of the State Studies Foundation shall be a single-person management body of the State Studies Foundation.
Article 15. Science and technology parks
1. A science and technology park shall be a legal person whose main function shall be to stimulate processes of scientific knowledge communication and technology dissemination, to create conditions for commercializing research results, to foster relations between science and business, and to promote a culture of innovations. Science and technology parks shall create favourable conditions for establishment of enterprises which will carry out applied research and experimental (social, cultural) development works, and implement innovations.
2. Science and technology parks shall be established, operate, be restructured, and cease to exist in accordance with the procedure laid down by the Civil Code and other legal acts. One of the members of science and technology parks must be a higher education and research institution
3. In the cases where a science and technology park is a public legal person whose purpose is to satisfy public needs and whose members are state higher education institutions and/or state or municipal institutions, the science and technology park may receive state funds or respectively municipal funds (including budget appropriations).
Article 16. Integrated science, studies and business centres (valleys)
1. Integrated science, studies and business centres (valleys) shall be established to concentrate the business potential open to research, studies and knowledge. Integrated science, studies and business centres (valleys) must have a common or related infrastructure and purposefully contribute to the creation of the knowledge society and the knowledge economy, strengthening of competitive ability of Lithuania.
2. The conception and programmes of the establishment and development of integrated science, studies and business centres (valleys) shall be approved by the Government.
Article 17. Centre for Quality Assessment in Higher Education
1. The Centre for Quality Assessment in Higher Education shall be a state budgetary establishment. This Centre shall be established and its regulations shall be approved by the Ministry of Education and Science. The main objectives of the Centre for Quality Assessment in Higher Education shall be as follows:
1) to promote the quality of activities of higher education institutions through an external assessment and accreditation of institutions and study programmes;
2. A collegial body of management of the Centre for Quality Assessment in Higher Education shall be the Council of the Centre for Quality Assessment in Higher Education, which consists of 11 members. They shall be appointed for the term of six years by: the Seimas, on the recommendation of the Committee on Education, Science and Culture, the Government, the Minister of Education and Science, the Research Council of Lithuania together with the Lithuanian Academy of Sciences, the senates of universities, the academic councils of colleges, unions of student representations of higher education institutions of Lithuania, the Lithuanian Council of Culture and Art, the Lithuanian Confederation of Industrialists, the Lithuanian Chamber of Commerce, Industry and Crafts, the Knowledge Economy Forum. The composition of the Council of the Centre for Quality Assessment in Higher Education shall be announced by the Minister of Education and Science. The Council of the Centre for Quality Assessment in Higher Education shall draw up and approve its own rules of procedure.
3. External assessment of the Centre for Quality Assessment in Higher Education shall be carried out at least every five years. Assessment results shall be made public.
4. The Centre for Quality Assessment in Higher Education shall each year announce publicly generalizations of quality assessment in higher education.
5. The Director of the Centre for Quality Assessment in Higher Education shall be a single-person management body of the Centre. The Director shall be elected though open competition for a five-year term of office, appointed and dismissed by the Council of the Centre for Quality Assessment in Higher Education. The same person may be elected Director for only two consecutive terms of office.
Article 18. Ombudsperson for Academic Ethics and Procedures
1. The Ombudsperson for Academic Ethics and Procedures (hereinafter referred to as the ‘’Ombudsperson’’) shall be a state officer who examines complains and initiates investigation regarding the violation of academic ethics and procedures.
2. The Seimas shall appoint Ombudsperson for the term of five years on the recommendation of the Research Council of Lithuania. The same person may be appointed to the office of the Ombudsperson only for two consecutive terms of office. The appointed Ombudsperson shall hold his office only until a new Ombudsperson is appointed.
3. The mandate of the Ombudsperson shall expire:
4) if he is off work by reason of a temporary incapacity for more than 120 calendar days in succession or for more than 140 days in the last twelve months, unless laws allow for a longer period of incapacity for work by reason of a certain illness, or if a medical or disability commission declares him as being incapable of performing his duties;
4. In the case stipulated in subparagraph 4 of paragraph 3 of this Article, the Seimas shall take a decision concerning the termination of the powers of the Ombudsperson only after receiving a conclusion of the commission of doctors set up by the Minister of Health.
5. In the cases stipulated in subparagraphs 1 and 2 of paragraph 3 of this Article, the Ombudsperson shall continue holding office until the appointment of a new Ombudsperson.
6. A person of good repute, having an academic research degree and experience in management shall be appointed to the position of Ombudsperson.
7. The Ombudsperson may not hold any other elected or appointed office in state and municipal institutions, establishments, enterprises and organizations. The Ombudsperson may receive no other remuneration, except the remuneration for creative activities.
8. The Ombudsperson shall act in compliance with the Constitution, this Law and other laws of the Republic of Lithuania, international treaties and other legal acts of the Republic of Lithuania.
9. Activities of the Ombudsperson shall be based on the principles of legitimacy, impartiality, justice and publicity.
10. A complaint submitted to the Ombudsperson must indicate:
11. The Ombudsperson shall examine a submitted complaint and take a decision not later than within 30 days. Due to the complexity of circumstances indicated in the complaint or because additional information must be obtained during the complaint examination, the time limit for examining the complaint and taking a decision may be extended for up to three months from the date of receipt of the complaint.
12. Upon having examined the complaint or completed the investigation, the Ombudsperson shall take a decision:
1) to inform higher education and research institutions and the Ministry of Education and Science about the persons who have violated the academic ethics and procedures;
2) to obligate the institution, which has awarded a scientific degree and/or held the competition to fill a position, to revoke the decision on the awarding of the scientific degree and/or on the winner of the competition;
3) to recommend higher education and research institutions to revoke a decision taken on the basis of the documents regulating the academic ethics and procedures;
4) to recommend to an employee to refuse participating in an ongoing project of research and experimental (social, cultural) development;
5) to inform an institution responsible for a specific sphere about the persons (authors) who have suffered from violations of the academic ethics;
6) to notify law-enforcement institutions if the evidence of a criminal offence has been established;
14. Activities of the Ombudsperson shall be ensured by the Office of the Ombudsperson for Academic Ethics and Procedures (hereinafter referred to as the ‘’Office’’). The Office shall be a state budgetary body. The Office shall be headed by the Ombudsperson. The Regulations of the Office shall be approved by the Seimas.
15. The Ombudsperson shall have the right to obtain free of charge from establishments, enterprises, organisations and members of the academic community the information required for the performance of the functions of the Office.
16. The Ombudsperson shall, once a year before 1 March, account to the Seimas for his own and the Office’s activities.
Article 19. Bodies of higher education institutions
1. A state university must have the collegial management bodies – the council and the senate, as well as a single-person management body – the rector.
2. A state college must have the collegial management bodies – the council and the academic council, as well as a single-person management body – the director.
3. The statute of a higher education institution may provide for other collegial or single-person bodies to perform the functions which are not assigned by this Law to the exceptional competence of the management bodies of the higher education institution. The composition of such bodies, their competence, the procedure of their setting-up and annulment shall be laid down in the statute of the higher education institution.
Article 20. Council of a state higher education institution
2. The council of a higher education institution shall perform the following functions:
1) upon evaluating the proposals of the senate (academic council), approve the higher education institution's vision and mission;
2) upon evaluating the proposals of the senate (academic council), submit amendments of the university statute to the Seimas (amendments of the college statute – or to the Government) for approval;
3) upon evaluating the proposals of the senate (academic council), approve a strategic action plan of the higher education institution presented by the rector (director);
4) consider and approve plans for reorganization of the structure of the higher education institution presented by the rector (director);
5) upon evaluating the proposals of the senate (academic council), set the procedure of management, use and disposal of funds of the higher education institution (as well as funds designated for remuneration of the administrative staff and other employees of the institution) and the assets managed by the right of ownership;
6) upon evaluating the proposals of the senate (academic council), approve the procedure for organizing the election of the rector (director) of the higher education institution through open competition;
8) set principles for selection and assessment of the administrative staff and other employees of the higher education institution;
10) on the recommendation of the rector (director) set a tuition fee and the rates of fees which are not directly related to the implementation of a study programme;
11) upon evaluating the proposals of the senate (academic council), set the general number of student places, taking into account the possibilities of quality assurance in studies and research, artistic activities;
12) consider an annual statement of revenue and expenditure of the higher education institution presented by the rector (director) and approve a report on the execution of this statement;
13) approve an annual report on the activities of the higher education institution presented by the rector (director);
14) upon evaluating the proposals of the senate (academic council), approve plans for reorganization or liquidation of the higher education institution and submit them to the Seimas (the Government);
15) prepare an annual report on its activities and announce it publicly on the website of the higher education institution prior to 1 April of each year;
3. The Council shall consist of 9 or 11 members. The statute of the higher education institution shall fix an exact number of the council members. One member of the council shall be appointed by the representation of students in accordance with the procedure laid down by it, and in the absence of such – by a general meeting (conference) of students; other members of the academic community shall, in accordance with the procedure laid down by the higher education institution, appoint respectively not more than four or five members. two members or, if the council consists of 11 members, three members shall be appointed by the teaching staff and the research staff; four or five members respectively, who do not belong to the staff and students of the higher education institution, shall be selected, appointed and recalled in accordance with the procedure laid down by the senate (academic council), with one member from them being selected, appointed and recalled in accordance with the procedure laid down by the representation of students. These four or five members shall be selected through open competition and appointed upon the evaluation of the assessment of the candidates, carried out by the Council of Higher Education.
4. A person may be a member of the council if he is of good repute, held or holds a position of responsibility in the sphere of education, sciences and humanities, culture, public activity or business (this requirement shall not apply to a representative of students) and has knowledge and competence enabling him to pursue the objectives of the higher education institution and to fulfil the mission of the higher education institution. The same person may serve on the council only for two consecutive terms of the council.
5. The President of the Republic, members of the Seimas and the Government as well as civil servants of political (personal) confidence may not be members of the council.
6. The term of office of a member of the council shall be five years. Not later than a month before the expiry of the term of office of a council member the chairman of the senate (academic council) shall announce the composition of a newly-formed council.
7. When commencing the duties of his office, a member of the council shall, at a meeting of the council in the manner prescribed by the statute of the higher education institution, sign a commitment to abide by the interests of the higher education institution and the public and to in good faith fulfil the functions set out by this Law.
8. The council shall elect the chairman of the council from among its members and recall him from office by the majority of votes cast by all members of the council. A person belonging to the staff of the higher education institution or a student may not be chairman of the council.
9. The council shall approve its rules of procedure. The council shall take decisions by a simple majority of votes cast by the council members attending the meeting. A meeting of the council shall be valid if it is attended by at least two thirds of the members of the council. The council shall publicly announce its decisions on the website of the higher education institution.
10. The rector (director) of the higher education institution may attend meetings of council in an advisory capacity.
11. If a member of the council fails to properly perform the duties set out by the statute of the higher education institution, the rules of procedure of the council or the commitment referred to in paragraph 7 of this Article or fails to sign the commitment referred to in paragraph 7 of this Article, the chairman of the council shall have the right to address the person who has appointed the said member with a request to recall the appointed member of the council.
12. If the powers of the member of the council have terminated before the expiry of his term of office, a new member of the council shall be appointed in accordance with the procedure laid down in paragraph 3 of this Article by the person who appointed the member of the council whose powers have terminated. A new member of the council shall commence his duties after the chairman of the senate (academic council) of the higher education institution announces his appointment and the member of the council signs a commitment specified in paragraph 7 of this Article.
13. Members of the council may be remunerated for the activities during the tenure with the funds of the higher education institution. The procedure for paying payments shall be laid down in the statute of the higher education institution.
Article 21. Senate (academic council) of a state higher education institution
1. The senate (academic council) of a state higher education institution shall be the body management body of the higher education institution.
2. The senate (academic council) of a higher education institution shall execute the following functions:
2) approve programmes of studies, research and experimental (social, cultural) development, art programmes, and present proposals to the rector regarding the funding of these programmes and reorganization of the university structure which is necessary for the implementation of those programmes, evaluate the results of conducted research as well as the quality and level of all research and artistic activities of the university;
3) approve at colleges programmes of studies and submit proposals to the director regarding the funding of these programmes and the reorganization of the structure of the college which is necessary for the implementation of the said programmers, evaluate the results of conducted research as well as the quality and level of applied research and artistic activities of the college;
5) approve qualification requirements for positions of teaching and research staff members, lay down the procedure of performance evaluation of research and teaching staff members as well as the procedure of organization of a competition to fill a position;
6) in accordance with the procedure laid down by the statute of the higher education institution, convene meetings (conferences) of the academic community of the higher education institution to discuss important issues concerning activities of the higher education institution;
7) in accordance with the procedure laid down by the statute of the in compliance with the established principles of selection and evaluation of university employees, bestow the honorary degrees and other titles;
8) consider and submit proposals to the council regarding the vision and mission, strategic action plan of the higher education institution;
9) consider and submit proposals to the council regarding amendments of the statute of the higher education institution;
10) consider and submit proposals to the council regarding the suitability of the candidates to occupy the position of rector (director);
11) consider and submit proposals to the council regarding the reorganization of the higher education institution or the plants of its liquidation;
12) lay down the procedure of management, use and disposal of funds of the higher education institution (as well as funds designated for remuneration of the administrative staff and other employees) and the assets managed by the right of ownership;
13) consider and submit proposals to the council regarding the setting of the general number of student places, taking into account the possibilities of quality assurance in studies and research, artistic activities;
3. The senate (academic council) shall announce publicly its decisions in accordance with the procedure laid down by legal acts.
4. A senate (academic council) shall be set up in accordance with the procedure laid down in the statute of a higher education institution for a period not exceeding five years.
5. Members of the academic community of a university (college), members of the administration of a university who are ex officio members of the senate (academic council) as well as scientists, teachers and established artists of other higher education and research institutions may be members of the senate (academic council). Representatives appointed by students must comprise not less than 20 per cent of the members of the senate (academic council). Representatives of students shall be appointed to the senate (academic council) by a student representation; if there is no such representation – by a general meeting (conference) of the students. Persons holding the position of a professor or chief research staff member must comprise not less than 20 per cent of the members of the senate. Persons holding the position of an associate professor or senior research staff member must comprise not less than 20 per cent of the members of the senate (academic council). Persons who are ex officio members of the senate (academic council) must comprise not more than 10 per cent of the members of the senate (academic council). Employees of other higher education and research institutions may also be ex officio members of the senate (academic council). The rector (director) of a higher education institution shall also be an ex officio member of the senate (academic council).
6. Activities of the senate (academic council) shall be regulated by the rules of procedure of the senate (academic council) approved by the senate (academic council) of a higher education institution.
7. The rector (director) of a higher education institution may not be chairman of the senate (academic council).
Article 22. Rector (director) of a higher education institution
1. The rector (director) of a higher education institution shall be a single-person management body of the higher education institution, shall act in the name of the said institution and represent it.
2. The rector (director) shall execute the following functions:
1) head a higher education institution, organize its activities, ensuring the implementation of a strategic action plan;
4) admit and exclude students in accordance with the procedure laid down by the statute of the higher education institution;
5) submit to the council for the setting of tuition fees and fees which are not directly related to the implementation of a study programme;
6) be responsible for financial activities of the higher education institution, proper management, use and disposal of funds and assets;
7) submit to the council for approval an annual report on the activities of the higher education institution;
8) publicly announce an annual report on the activities of the higher education institution approved by the council of the higher education institution;
9) submit to the senate for consideration and the council of the higher education institution for approval strategic plans for activities of the higher education institution and for reorganization of the structure of the higher education institution;
10) consider and take decisions concerning the management, use and disposal of funds of the higher education institution (as well as funds designated for remuneration of the administrative staff and other employees) and the assets;
3. The rector (director) shall be elected by the council of the higher education institution in accordance with the procedure laid down by the council of the higher education institution.
4. The council shall announce an open competition to fill a position of the rector (director). The rector (director) shall be considered to be elected if at least three-fifths of all the council members vote for him.
5. The rector may be a person who has a scientific degree or is an established artist, who has the experience in pedagogy and management.
7. The chairman of the council or any other person authorised by the council shall sign in the name of the higher education institution an employment contract with the elected rector (director) for the duration of his term of office.
8. The term of office of the rector (director) shall be five years. The same person may be elected rector (director) of the same higher education institution for not more than two terms of office in succession and not earlier than after an interval of five years since the end of the last term of office, if the last term of office was the second consecutive term.
9. If an annual report on activities of the higher education institution presented by the rector (director) of the higher education institution is not approved by a majority of all the members of the council of the higher education institution, the rector (director) shall, in accordance with the procedure laid down by legal acts, be dismissed from office by a majority of votes of six members of the council of the higher education institution (where the council comprises nine members) or seven members of the council of the higher education institution (where the council comprises 11 members).
Article 23. Participation of students in the management of a higher education institution
Interests of students in the management bodies of a higher education institution and its units, in advisory and dispute-settlement structures shall be represented by representatives of the students who are appointed by the student representation in accordance with the procedure laid down by it; and if there is no such representation – by a general meeting (conference) of the students.
Article 24. Bodies of a research institute
1. The management bodies of a state research institute shall be the scientific council of the research institute and the director of the research institute.
Article 25. Scientific council of a state research institute
1. The scientific council of a state research institute shall carry out the following functions:
1) in accordance with the regulations, approve the structure of the state research institute and changes therein;
2) approve the procedure of performance evaluation of research staff members and of organization of competitions to fill positions of research staff members;
4) consider annual activity reports on activities submitted by the director of the research institute and assess the process of implementation by the state research institute of its tasks and objectives;
2. The scientific council of a state research institute shall be set up in accordance with the procedure laid down by the research institute for a period of five years from research staff members and administrative staff members as well as from representatives of other establishments, enterprises and organizations which are interested in the implementation of the tasks and mission of the institute. The scientific council of a state research institute shall approve its rules of procedure.
Article 26. Director of a state research institute
1. The director of a state research institute shall be a single-person management body of the state research institute, shall act in the name of the said institute and represent it. The director shall perform the functions of the head of the establishment as provided for in the regulations and legal acts.
2. The director of a research institute shall be appointed to the office by an open competition and shall be dismissed from office by the founder (members of the legal person) or a person authorised by him (them).
3. The Government or an institution authorised by it shall approve the procedure for organising election of the director of a state research institute by an open competition.
4. The director of a state research institute may be a person having a scientific degree and the experience in management.
5. The term of office of the director of a state research institute shall be five years. The same person may be appointed to the office of the director of a state research institute for not more than two terms of office in succession and not earlier than after an interval of five years since the end of the last term of office, if the last term of office was the second consecutive term.
CHAPTER IV
ESTABLISHMENT, TERMINATION AND RESTRUCTURING of
higher education and research institutions. AUTHORIZATION
TO CARRY OUT STUDIES AND/OR ACTIVITIES RELATED TO STUDIES
Article 27. Conditions of establishment of a higher education institution
1. A higher education institution shall be established pursuant to the Civil Code, this Law and the law regulating an appropriate legal form of a legal person.
2. A higher education institution may be established if there are material facilities and other conditions specified in this Law which are necessary to ensure the quality of planned study programmes, research and/or artistic activities, and to meet the requirements of the higher education qualifications to be awarded.
3. The Seimas shall establish a state university upon the recommendation of the Government. Without prejudice to the requirements laid down in this Law, the rights and duties of the State as the owner of a state university shall be implemented only by the Government or an institution authorised by it. Private and public persons may not be stakeholders of a state university.
4. A state college shall be established by the Government upon the recommendation of the Ministry of Education and Science. Without prejudice to the requirements laid down in this Law, the rights and duties of the state as the owner of a state college shall be implemented only by the Government or an institution authorised by it. Having adopted a decision to establish a state college, the Government shall also take a decision on the transfer of the founder’s functions to a state institution or establishment. Private and public persons may not be stakeholders of a state college.
5. A non-state higher education institution may be established by natural or legal persons, with the exception of state and municipal institutions and establishments, as well as by Lithuania-based branches of enterprises established in the Member States of the European Union or other states which signed the Agreement on the European Economic Area.
Article 28. Statute of a higher education institution
1. A statute of a higher education institution (hereinafter referred to as the ‘’statute’’) shall be a founding document which the higher education institution acts in conformity with.
2. The following must be laid down in the statute of a higher education institution:
6) bodies of a higher education institution and their competence, the procedure of their elections (appointment, convening) and their annulment;
9) the procedure for setting up commissions for consideration of disputes between students and the administrative staff and other employees, for considering disputes and implementing decisions;
12) the procedure for setting up branches and representative offices and for terminating activities thereof;
4. The statute of a state university shall be approved by the Seimas and the statute of a state college – by the Government.
Article 29. Conditions of establishment of a research institute
1. A research institute shall be established pursuant to the Civil Code, this Law and the law regulating an appropriate legal form of a legal person.
2. The founder of a state research institute shall be the Government. Upon having adopted a decision to establish a state research institute, the Government shall also take a decision on the transfer of the founder’s functions to a state institution or establishment. A non-state research institute may be established by legal or natural persons, with the exception of state and municipal institutions.
3. A state research institute may be established when it is necessary to conduct long-term research and experimental (social, cultural) development, important for state, economic or social development, in a certain area, and when an assessing institution authorised by the Government determines that a project of establishment of a state research institute is substantiated by sufficient material and human resources, and other requirements set for state research institutes have been satisfied.
Article 30. Regulations of research institutes
1. Regulations of a research institute must specify the following:
6) bodies of the research institute and their competence, the procedure for appointing their members and removing them from the office;
Article 31. Basis for termination and restructuring of a higher education institution
The procedure of termination and restructuring of a higher education institution shall be regulated by the Civil Code, this Law and the law regulating an appropriate legal form of a legal person.
Article 32. Key features of reorganization of a higher education institution
1. A decision concerning reorganization of a state university shall be taken by the Seimas on the recommendation of the university council or the recommendation of the Government, after having evaluated the opinion of the university council. A decision concerning reorganization of a state college shall be taken by the Government on the recommendation of the college council or the recommendation of the Ministry of Education and Science, after having evaluated the opinion of the college council.
2. When reorganising a state higher education institution by way of division, at least one of the legal persons to whom the rights and duties of the higher education institution under reorganization are transferred must be a state higher education institution; the owner of other legal persons or one of the stakeholders must be the State. When reorganizing a state higher education institution by way of merger, a legal person to whom the rights and duties of the state higher education institution under reorganization are transferred must be a state higher education institution.
3. Within three months from the end of the reorganization, new management bodies of the higher education institution shall be set up in accordance with the procedure laid down by this Law in the higher education institution to which the rights and duties of the reorganized higher education institution have been transferred.
Article 33. Key features of liquidation of a higher education institution
1. A decision concerning liquidation of a state university shall be taken by the Seimas on the recommendation of the university council or the recommendation of the Government, after having evaluated the opinion of the university council. A decision concerning liquidation of a state college shall be taken by the Government on the recommendation of the college council or the recommendation of the Ministry of Education and Science, after having evaluated the opinion of the college council.
2. When a decision to liquidate a state higher education institution has been taken, the Minister of Education and Science shall, after coordination with the council of the higher education institution, appoint a liquidator who liquidates the state higher education institution pursuant to a liquidation project and schedule approved by the Ministry of Education and Science. A liquidation project must contain proposals concerning possibilities to ensure that students continue studies in other higher education institutions, as well as proposals regarding the use of the assets of the state higher education institution.
Article 34. Termination and restructuring of a research institute
1. The procedure of termination and restructuring of a research institute shall be regulated by the Civil Code, this Law and the law regulating an appropriate legal form of a legal person.
Article 35. Right to deliver studies and/or implement other activities related to studies
1. The following higher education institutions possessing an authorization, determined by this Law, to deliver studies and implement activities related to studies shall have the right to deliver studies and implement activities related to studies:
Article 36. Authorization to deliver studies and implement activities related to studies
1. An authorization to deliver studies and implement activities related to studies shall be issued in accordance with the procedure laid down by this Law and the Government. An authorization to deliver studies may be issued if there are material facilities, qualified staff and other conditions indicated in this Law and the Profile of the Procedure of Issuance of an Authorization to Deliver Studies and Implement Activities Related to Studies, which are necessary to ensure the quality of planned study programmes, research and/or artistic activities, and to meet the requirements of higher education qualifications to be awarded.
2. A higher education institution or a branch of a foreign higher education institution in the Republic of Lithuania wishing to get an authorization to deliver studies and implement activities related to studies, shall submit to the Centre for Quality Assessment on Higher Education an application and other documents and data specified in the Profile of the Procedure of Issuance of an Authorization to Deliver Studies and Implement Activities Related to Studies, approved by the Government. Having received the documents submitted by a higher education institution or a branch of a foreign higher education institution in the Republic of Lithuania, the Centre for Quality Assessment in Higher Education shall, within 20 calendar days, apply to the State Security Department so that the latter present conclusions whether or not planned activities of the higher education institution or the branch of a foreign higher education institution pose a threat to national security. The Centre for Quality Assessment in Higher Education must, not later than within 4 months from the receipt of a certificate of the State Security Department proving that planned activities of the higher education institution or the branch of a foreign higher education institution do not pose a threat to national security, evaluate the submitted documents and present conclusions to the applicant and the Ministry of Education and Science.
3. The Ministry of Education and Science shall, within a month from the receipt of the conclusions of the Centre for Quality Assessment in Higher Education, take a decision concerning the issuance (non-issuance) of an authorization to deliver studies and implement activities related to studies or inform the applicants about the reasons for taking a decision not to issue an authorization. The Ministry of Education and Science shall notify the Register of Legal Entities about the adopted decision to issue or to refuse to issue of an authorization to deliver studies or implement activities related to studies.
4. Having been issued an authorization to deliver studies or implement activities related thereto, a higher education institution or a branch of a foreign higher education institution must, in accordance with the procedure laid down by legal acts, furnish to the Ministry of Education and Science or permit the Ministry to verify information concerning the issued authorization to deliver studies or implement activities related thereto.
5. A higher education institution or a branch of a foreign higher education institution possessing an authorization to deliver studies or implement activities related thereto must satisfy the requirements defined for a higher education institution by legal acts. In the event of change in the data necessary to obtain an authorization to deliver studies or implement activities related thereto, a higher education institution or a branch of a foreign higher education institution must, not later than within a month from the change in the data, inform the Ministry of Education and Science about this.
Article 37. Revocation or suspension of an authorization to deliver studies and implement activities related thereto
1. The Ministry of Education and Science shall take a decision on revocation of the issued authorization to deliver studies and implement activities related thereto, if:
1) the authorisation to deliver conduct studies and implement activities related thereto has been obtained by fraud or otherwise violating laws;
2) activities of the higher education institution have been repeatedly evaluated negatively within the period of two years;
3) the higher education institution or the branch of a foreign higher education institution engages in the activities prohibited by the law;
4) the higher education institution has become insolvent and/or its activities pose a threat to the interests of students;
2. The Ministry of Education and Science shall have the right to take a decision on revocation of the authorization to deliver studies and implement activities related thereto, if:
1) the higher education institution or the branch of a foreign higher education institution whose authorization to deliver studies or implement activities related thereto has been suspended fails within the set time limit to eliminate the violations of the requirements laid down in the legal acts of the Republic of Lithuania regulating the delivery of studies and implementation of activities related thereto;
2) the higher education institution or the branch of a foreign higher education institution has not begun to deliver studies and/or implement activities related thereto within twelve months from the issuance of the authorization to deliver studies and/or implement activities related thereto;
3) the higher education institution or the branch of a foreign higher education institution does not deliver studies longer than six months;
3. If a higher education institution or a branch of a foreign higher education institution has violated the requirements laid down by the legal acts of the Republic of Lithuania regulating the delivery of studies and implementation of activities related thereto, the Minister of Education and Science may suspend the authorization to deliver studies or implement activities related thereto for a certain period of time, taking account of the type of the identified violations;
4. The Ministry of Education and Science shall notify the Register of Legal Entities about an adopted decision to revoke or to suspend the authorization to deliver studies or implement activities related to studies.
Article 38. Authorization to carry out activities related to studies
1. An authorization to carry out activities related to studies shall be issued in the Republic of Lithuania by the Ministry of Education and Science in accordance with the procedure laid down by the Government.
2. After a foreign higher education institution submits the documents specified in the Profile of the Procedure of Issuance of an Authorization to Deliver Studies and Implement Activities Related to Studies, the Ministry of Education and Science shall, within 20 calendar days, apply to the State Security Department so that the latter present conclusions whether or not the planned activities pose a threat to national security. The Ministry of Education and Science must examine the submitted documents and take a decision on the granting of an authorisation to carry out activities related to studies not later than within 2 months of the receipt of the conclusions of the State Security Department.
3. The Ministry of Education and Science shall not issue an authorization to carry out activities related to studies, if:
1) the submitted documents and data do not meet the Government-set requirements or they are incorrect;
2) the foreign higher education institution which establishes a representation does not meet the requirements set by the Government;
3) the competent body of a foreign state under whose jurisdiction the foreign higher education institution operates, objects to the establishment of a representation in the Republic of Lithuania;
4. The Ministry of Education and Science shall notify the Register of Legal Entities and the applicant about the adopted decision to issue or to refuse to issue an authorization to carry out activities related to studies.
5. A higher education institution which has not been issued an authorization to carry out activities related to studies may, in accordance with the procedure laid down by the Government, apply repeatedly for the issuance of an authorization to carry out activities related to studies.
6. The Ministry of Education and Science may revoke an issued authorization to carry out activities related to studies, if:
1) the authorisation to carry out activities related to studies has been obtained by fraud or otherwise violating laws;
3) the institution whose authorization to carry out activities related to studies has been suspended fails within the set time limit to eliminate the violations of the requirements laid down in the legal acts of the Republic of Lithuania regulating activities related to studies;
4) the higher education institution ceases to exist or the branch or representation of a foreign higher education institution is removed from the Register of Legal Entities;
7. If an institution which was issued an authorization has violated the requirements laid down by the legal acts of the Republic of Lithuania regulating activities related to studies, the Minister of Education and Science may suspend the authorization to carry out activities related to studies. A time limit during which the authorization shall be suspended shall be set by the Minister of Education and Science, taking into consideration the nature of the established violations.
8. The institution whose authorization to carry out activities related to studies has been suspended, shall have no right to carry out activities related to studies.
9. The Ministry of Education and Science shall notify the foreign higher education institution and the Register of Legal Entities about the revocation or suspension of an authorization to carry out activities related to studies.
10. Upon revocation of the authorization to carry out activities related to studies, an institution which was issued the authorization loses its right to carry out activities related to studies in the Republic of Lithuania.
11. A representation of a foreign higher education institution shall not have the right to deliver studies.
Article 39. Unity of science (arts) and studies
1. Higher education institutions must ensure the unity of research (artistic) activities and studies.
2. The unity of research (artistic) activities and studies at universities shall be ensured by the participation of teaching staff and students in research and experimental (social, cultural) development (artistic activities), participation of research staff members (artworkers) in the study process, communication of scientific knowledge and research (artistic) work skills in study programmes of the second cycle and doctoral studies, commissioned research and experimental (social, cultural) development (artistic) works carried out at universities for business, non-state and public sector. Provision of study programmes of the second cycle shall be related to the results of research (artistic) activities carried out at the university. Research (artistic) activities shall be mandatory for students of the third cycle.
3. The unity of higher education and research at colleges shall be ensured through a close contact with the practice – participation of teaching staff and students in applied research and experimental (social, cultural) development works commissioned by business, industrial and other organizations, regional development projects, consulting activities.
Article 40. Quality assurance in higher education and research
1. Higher education and research institutions shall be responsible for the quality of research (artistic) activities, studies and other activities. They must publicly announce the quality indicators of their activities and foster the culture of the quality of activities regarding higher education and research together with assessment institutions.
2. The quality of research (artistic) activities and studies shall be ensured through the internal systems of quality assurance of higher education and research institutions, external evaluation and accreditation of study programmes, external evaluation of research activities and external evaluation and/or accreditation of higher education and research institutions.
3. The objective of external evaluation shall be to determine the quality of activities of higher education and research institutions, to offer recommendations for improving their quality, develop the culture of quality assurance in higher education and research.
4. The purpose of accreditation shall be to determine on the basis of external evaluation findings whether or not a study programme and/or a newly established higher education institution meet(s) the requirements of legal acts.
Article 41. Internal quality assurance of activities of higher education and research institutions
1. Every higher education institution must have an internal system of quality assurance in studies based on the provisions of quality assurance in studies in the European Higher Education Area and on the strategy of improvement of activity quality approved by the higher education institution itself; must work out action methods and adopt measures which help to ensure the quality of higher education provided by the institution.
2. A higher education institution must constantly announce in its website and in other ways the accurate quantitative and qualitative information about study programmes, awarded higher education qualifications, research (artistic) activities, self-assessment results, opinions of students, graduates and other interested parties about study quality, assessments of activities of the higher education institution performed by the accredited institutions, career indicators of graduates; it may also announce other data necessary to inform the public about studies.
Article 42. External evaluation and accreditation of study programmes
1. Only accredited study programmes shall be carried out. Branches of foreign higher education institutions may carry out only those study programmes which have been evaluated and accredited according to the procedure of evaluation and accreditation of that country and which have been positively evaluated according to the procedure of external evaluation and accreditation of study programmes. External evaluation of study programmes of higher education institutions shall be performed by the Centre for Quality Assessment in Higher Education or another agency for quality assessment in higher education, which is included in the European Quality Assurance Register for Higher Education. Study programmes shall be accredited by an institution authorised by the Minister of Education and Science in accordance with the procedure laid down by the Ministry of Education and Science. An accredited study programme shall be entered in the Register of Study and Training Programmes for a fixed period of time.
2. Study programmes must be accredited at least once in six years. A study programme which has not been accredited or a programme the accreditation period of which has expired shall be deregistered from the Register of Study and Training Programmes. In the cases where there are students who have studied under the programme which is being deregistered, but have not completed the said programme, the Minister of Education and Science shall set further possibilities for their studies.
3. Study programmes of state higher education institutions must be evaluated and accredited taking account of national economic, social and cultural development needs and future development needs. The Profile of the procedure of external evaluation and accreditation of study programmes shall be approved by the Minister of Education and Science.
Article 43. External evaluation of activities of higher education and research institutions
1. In order to improve the quality of activities of higher education institutions and state research institutes and to implement their accountability, the Ministry of Education and Science shall, every six years, initiate external evaluation of their activities, involving experts from foreign states. External evaluation of activities of higher education institutions and state research institutes shall comprise all fields of activities indicated in their statutes (regulations) and shall be based on the criteria of conformity of the activities with the mission specified in the statutes (regulations), with the international level of higher education and research, on the criteria of conformity of the evaluation of study results with the set requirements, on the criteria of the implementation of the requirements of academic ethics and procedures, and on the criteria of the efficiency of the use of state funds.
2. External evaluation of activities of higher education institutions shall be organized by an institution authorised by the Ministry of Education and Science. The results of the external evaluation of higher education institutions shall be used for accreditation or evaluation of the said institutions also in other cases provided for by a founder (a meeting of members of the legal person).
3. If activities of a higher education institution are evaluated negatively, a repeated evaluation of the activities shall be initiated by the Ministry of Education and Science not later than within 2 years. If during a repeated evaluation the activities of the higher education institution are evaluated negatively, the Ministry of Education and Science shall, not later than within one month, take a decision specified in paragraph 1 of Article 37 of this Law.
4. The Profile of the procedure of external evaluation of higher education institutions shall be approved by the Government.
5. External evaluation of state research institutes shall be organized by the Research Council of Lithuania. The Profile of the procedure of external evaluation of state research institutes shall be approved by the Government. If the activities of a state research institute are evaluated negatively, the Government shall take a decision specified in paragraph 2 of Article 34 of this Law.
6. External evaluation of activities of non-state research institutes shall be carried out on the initiative and with the funds of these institutes.
7. In order to improve the quality of higher education and research, targeted evaluation of higher education and research institutions that are carried out by public administration institutions, associations of scientists or higher education and research institutions may be funded by the state.
Article 44. Accreditation of a higher education institution
1. A higher education institution shall be regularly accredited on the basis of the external evaluation findings.
2. A newly established higher education institution must be accredited not later than within two years from the date of issuing of an authorization to deliver studies and implement activities related to studies.
3. If a higher education institution is not accredited, the Ministry of Education and Science shall, not later than within one month, take a decision specified in paragraph 1 of Article 37 of this Law.
Article 45. Communication of research activities to the public
1. In order to ensure the quality of research conducted with funds of the state budget, the transparency of the use of funds of the state budget, to enhance the scientific progress, the results of all research works carried out in state higher education and research institutions must be communicated to the public (in the Internet or in any other way), to the extent this kind of communication is in compliance with the legal acts regulating the protection of intellectual property, commercial or state and official secrets.
2. The results of research conducted in non-state higher education and research institutions with funds of the state budget shall be communicated to the public (in the Internet or in any other way), to the extent this kind of communication is in compliance with the legal acts regulating the protection of intellectual property, commercial or state secrets.
Article 46. Structure of the study system
1. Studies at higher education institutions shall be carried out according to study programmes which award a degree and study programmes which do not award a degree. There shall be two types of study programmes: university and college.
2. Studies may be of three cycles:
3. Professional bachelor’s study programmes of the first cycle may be carried out by colleges and bachelor’s study programmes of the first cycle – by universities. Study programmes awarding a degree of the second cycle may be carried out by universities. Doctoral studies may be carried out by universities or universities together with research institutes.
4. University study programmes which award a degree may be integrated, comprising the first and second cycles of studies, if this is provided for in other legal acts.
Article 47. Academic years and study forms, the volume of study programmes
1. Academic years shall be divided into semesters and vacation periods. The senate (academic council) of a higher education institution shall fix the beginning and end of academic years, semesters, and vacation periods. In summer, students must be provided with continuous vacations of at least one month’s duration.
2. Studies shall be of full-time and part-time forms. The profile of full-time and part-time forms of studies shall be approved by the Minister of Education and Science. Irrespective of the study form on the basis of which the same study programme has been completed, the acquired education in both cases shall be equivalent.
3. The regular volume of studies of a full-time form for one year shall be 60 credits, but not less than 45 credits. The volume of studies of a part-time form for one year must not exceed 45 credits and the total duration of studies of this form must not last one and a half times longer than studies of a full-time form to which a norm of 60 credits is applied.
4. The volume of a college study programme of the first cycle shall be not less than 180 and not more than 240 credits; the volume of a university study programme of the first cycle shall be not less than 210 and not more than 240 credits.
5. The volume of an integrated study programme shall be not less than 300 credits, but not more than 360 credits. The first part of an integrated study programme (240 credits) shall be attributed to studies of the first cycle and the remaining part shall be attributed to studies of the second cycle.
6. The volume of a master’ degree study programme shall be not less than 90 credits, but not more than 120 credits.
8. The Ministry of Education and Science shall fix the volume (duration) of study programmes when the double qualification degree is awarded.
9. Study programmes which do not award a degree shall be designed for acquisition of a qualification or preparation for an independent practical activity in the cases and manner prescribed by the Government or an institution authorised by it. The volume of study programmes (except residency studies) which do not award a degree shall constitute not less than 30 credits, but not more than 120 credits. The Government shall fix the volume (duration) of residency studies.
Article 48. Requirements for degree-awarding study programmes and doctoral studies
1. Study programmes of the first cycle shall be designed to foster general erudition, to provide the theoretical basis of a study field and to form professional skills necessary for independent work. University study programmes shall be more oriented towards universal general education, theoretical preparation and professional capacity of the highest level, while college study programmes shall be more oriented towards preparation for professional activities. On completion of university study programmes of the first cycle persons shall be awarded a Bachelor’s degree of an appropriate study field (study fields) or a Bachelor’s degree and professional qualification (in the cases referred to in paragraph 3 of Article 51 of this Law), while persons who completed college study programmes shall be awarded a Professional Bachelor’s degree of an appropriate study field or a Professional Bachelor’s degree and qualification (in the cases referred to in paragraph 3 of Article 51 of this Law).
2. Master’s degree study programmes shall be designed for preparation for independent research (artistic) work or any other work the performance of which requires scientific knowledge and analytical competence. Master’s degree studies shall be delivered in universities in which research (artistic) activities corresponding to the study field are carried out. On completion of Master’s degree study programmes persons shall be awarded a Master’s degree of an appropriate study field or a Master’s degree and qualification. On completion of theological study programmes of the second cycle persons may, after consultation with the Catholic Church hierarchy, be awarded a degree of Licentiate in Theology.
3. The Ministry of Education and Science shall approve general and special requirements (profiles of study fields, of sets of study fields or those of study areas) for a study programme of the first cycle, an integrated study programme and a Master’s degree study programme.
5. The purpose of doctoral studies in the field of science shall be to prepare scientists who would be able to independently conduct research and experimental (social, cultural) development work, and to solve scientific problems. The Ministry of Education and Science shall grant the right of doctoral studies to universities and universities together with research institutes conducting high-level research in conformity with the field of science, or to universities together with foreign higher education and research institutions. The right shall be granted on the basis of the evaluation, performed in accordance with the Regulations of Doctoral Studies, of the level of research in an appropriate field of science conducted by the institutions which intend to deliver doctoral studies in the science field concerned. The Regulations of Doctoral Studies shall be approved by the Government on the recommendation of the Research Council of Lithuania. Persons who have defended their dissertation shall be awarded the Doctor of Science degree.
6. The purpose of doctoral studies in the field of art shall be to prepare artists researchers who would be able to create, interpret and develop research based on art practice. The right of doctoral studies in the field of art shall be granted to universities by the Ministry of Education and Science. The right shall be granted on the basis of the evaluation of the level of artistic and research activities of the institution which intends to deliver doctoral studies in the field of art. The evaluation shall be carried out in accordance with the procedure laid down by the Regulations of Doctoral Studies in the Field of Art. The Regulations of Doctoral Studies in the Field of Art shall be approved by the Government on the recommendation of the Research Council of Lithuania. Persons who have defended an art project shall be awarded the Doctor of Arts degree.
7. Higher education institutions may implement joint study programmes on completion of which a joint qualification degree is awarded, as well as programmes on completion of which a double qualification degree is awarded. A joint qualification degree shall be awarded in the event when a study programme is implemented by at least two higher education institutions, usually from different countries. A double qualification degree shall be awarded when a study programme satisfies not only the requirements of the principal study field, but also the minimum requirements of the other study field. General requirements of these programmes shall be laid down by the Ministry of Education and Science.
8. In the cases when study programmes include student’s placements, an enterprise, an establishment or an organization in which the placement takes place, the student and the higher education institution in which he studies, shall conclude a contract of practical training. A model form of the contract shall be approved by the Ministry of Education and Science. A higher education institution shall be responsible for organization of student’s placements.
9. The Ministry of Education and Science shall set the equivalence between the qualifications acquired in the Republic of Lithuania before 1 January 2000 and the qualifications acquired on completion of studies of the respective cycles, as well as the equivalence between studies completed according to the system of single-cycle higher education and studies of the respective cycles.
Article 49. Medium of instruction
The medium of instruction in state higher education institutions shall be the Lithuanian language. Other languages may be used in teaching if:
3) studies are carried out pursuant to joint study programmes or study programmes on completion of which a double qualification degree is awarded and a part of these programmes is carried out in other countries, non-state higher education institutions in which the medium of instruction is a language other than the Lithuanian language, or conform to the cases set out in paragraph 1 or 2 of this Article;
Article 50. Partial studies and accreditation of their results
1. Partial studies shall be a student's studying pursuant to a part of a study programme, which provides knowledge and skills which are evaluated and attested by a certificate.
2. The following shall be accredited by higher education institutions:
1) results of student’s partial studies in a foreign state higher education institution, if this institution is recognized in accordance with the procedure laid down by laws of that state;
2) results of partial studies by students of a Lithuanian higher education institution in another Lithuanian higher education institution of the same or a different type;
Article 51. Higher education qualifications, diplomas, diploma supplements (addenda), certificates
1. Upon completion of study programmes of the first and the second cycles as well as of integrated studies, a diploma attesting the awarded qualification degree shall be issued together with a diploma supplement (addendum); upon completion of doctoral studies and defence of a dissertation, a diploma attesting a scientific (art) degree shall be issued. A supplement (addendum) of a diploma shall be a constituent part of the diploma, a document which provides information on the content of the acquired higher education.
2. On completion of study programmes which do not award a degree, a certificate attesting the completed studies shall be issued.
3. A higher education institution may award a qualification, provided that it has been authorised to do so by legal acts.
4. The procedure of preparation, production, record-keeping, registration and issuance of a mandatory form of diplomas, diploma supplements (addenda) and certificates shall be laid down by the Government.
5. The list of qualification degrees and the list of study areas and study fields pursuant to which studies are carried out in higher education institutions shall be approved by the Government. When a Lithuanian higher education institution together with a foreign higher education institution carry out a joint study programme, a qualification degree other than those included in the list may be awarded. The right to award such a qualification degree shall be granted to a higher education institution by the Government upon the recommendation of the Ministry of Education and Science.
6. The academic recognition of education and qualifications related to higher education and acquired pursuant to education programmes of foreign and international organisations shall, in accordance with the procedure laid down by the Government, be carried out by the Centre for Quality Assessment in Higher Education, the Research Council of Lithuania and higher education institutions authorised by the Ministry of Education and Science.
Article 52. Admission to a higher education institution
1. Persons having passed at least one national matura examination or having an evaluation of the study results treated as such examination in accordance with the procedure laid down by the Minister of Education and Science and having at least the secondary education shall be admitted by way of competition to a study programme of the first cycle and integrated study programmes of a higher education institution, taking account of persons’ learning results, entrance examinations or other criteria laid down by the higher education institution. The said requirement shall not apply to:
1) persons who have acquired the qualification, granting them the right to higher education, pursuant to education programmes of international organisations or foreign states;
2) persons who have acquired secondary education in the Republic of Lithuania prior to the entry into force of this Law;
2. A list of competition subjects according to study fields and principles of composition of the competition score, the lowest passing entrance score and other criteria shall, upon evaluation by a students’ representation, be set by higher education institutions and announced by them not later than two years prior to the beginning of the respective academic year.
3. The general number of student places shall be fixed by a higher education institution, taking into consideration the possibilities of quality assurance in studies.
4. Persons having a higher education qualification shall be admitted to a study programme of the second cycle in accordance with the procedure laid down by the higher education institution. Persons having a Professional Bachelor’s qualification shall have the right to enter study programmes of the second cycle, if they meet the minimum requirements approved by the Ministry of Education and Science.
5. Persons who enrol to study pursuant to non-formal education programmes or individual subjects (their sets), shall be admitted in accordance with the procedure laid down by higher education institutions.
6. By 30 August of each year higher education institutions shall make available to the public on their websites the information about the results of general admission to a respective higher education institution according to study programmes and the Ministry of Education and Science – the information about the results of general admission to higher education institutions according to the higher education institutions and study programmes. By 30 October of each year higher education institutions shall make available to the public on their websites the information about the results of institutional admission to a respective higher education institution according to study programmes and the Ministry of Education and Science – the information about the results of institutional admission according to the higher education institutions and study programmes.
Article 53. Academic community
1. The academic community shall consist of students, the teaching staff, the research staff, other researchers, and professors emeritus of higher education and research institutions.
2. Members of the academic community shall be guaranteed academic freedom which encompasses:
2) the freedom to choose methods of and access to research (artistic) and pedagogical activities, which is in conformity with the recognised principles of ethics;
3) protection against restrictions and sanctions for making public the results of his or her research, and for the manifestation of his or her beliefs, with the exception of the cases when the information made available to the general public is a State or official secret and/or is in violation of laws of the Republic of Lithuania.
3. The academic community shall be also guaranteed the following:
1) the copyright of creative and intellectual work as established in laws and international agreements of the Republic of Lithuania;
Article 54. A status of a student and of an unclassified student
1. A student shall be issued a student certificate. The form of a student certificate and the procedure of its issuance shall be laid down by the Ministry of Education and Science, and the production and issuance of a student certificate shall be organized by the union(s) of students’ representations of higher education institutions of Lithuania.
2. Relations between a student and a higher education institution shall be formalised by way of a study agreement. Standard terms and conditions of a study agreement shall be set by the Ministry of Education and Science, upon having evaluated proposals of the union(s) of students’ representations.
Article 55. Students’ rights and duties
1. Students shall have the right to:
2) study pursuant to an individual plan of studies in compliance with the procedure laid down by a higher education institution;
3) study according to more than one study programme or other study subjects in the same or another higher education institution;
7) account for works by applying alternative ways, if they have a disability because of which they are unable to account for the works according to the set procedure and the alternative way of accounting ensures the achievement of the set objectives;
8) address the administration of a higher education institution so that the results of the studies in the same or any other Lithuanian or foreign higher education institution be recognized;
9) address the administration of a higher education institution, the dispute settlement commission regarding the violation of interests;
10) terminate and renew studies in accordance with the procedure laid down by the statute of a higher education institution;
11) take an academic leave of absence without losing the status of a student and the right to continue studies in the state-funded student place, provided the student studied in that place prior to taking an academic leave;
2. A student who fails an examination or a credit test shall have the right to retake this examination or credit test once free of charge in accordance with the procedure laid down by a higher education institution. Such a procedure must be adopted after the analysis of proposals made by a students’ representation.
3. Students must:
4. The procedure for awarding incentives and imposing disciplinary measures to students shall be laid down by a higher education institution upon the evaluation of proposals by a students’ representation.
5. The State shall create for a student who studies in the place other than the place of his permanent residence conditions to choose a personal healthcare institution and doctors in accordance with the procedure laid down by the Law on the Health System.
6. Citizens of the Republic of Lithuania who study in higher education institutions shall be provided with an opportunity to fulfil the initial mandatory military service in accordance with the procedure laid down by the Law on Military Conscription.
7. The head of a higher education institution or a person authorised by him must, upon receipt of students’ written applications, complaints or notifications concerning violations of their rights or lawful interests set out in this Law or other legal acts, examine them and reply in writing within a period of 15 calendar days.
8. A dispute settlement commission shall function in a higher education institution. This commission shall settle disputes of students and the administrative staff or other employees related to research and study activities. The administration of a higher education institution and a students’ representation (if there is no students’ representation - a general meeting (conference) of students) shall each appoint an equal number of authorised persons to the dispute settlement commission. The statute of a higher education institution shall lay down the procedure for setting up a dispute settlement commission, settling disputes and implementing decisions.
Article 56. Self-governance of students
1. Interests of students of a higher education institution shall be represented by a students’ representation. A students’ representation shall consist of students elected by a general meeting (conference) of students. A students’ representation shall act in compliance with the Law on Associations and other legal acts, unless otherwise provide for by this Law, as well as with the statue of a higher education institution and the statutes of the students’ representation, approved by a general meeting (conference) of students.
2. If there is no students’ representation in a higher education institution, students of the faculties of the higher education institution shall delegate to a general students’ meeting (conference) the representatives elected by the majority of votes cast in the general meetings (conferences) of the students of the faculties.
3. A general meeting (conference) of students shall be valid if attended by more than half of all the students (all the delegates). Decisions of a general meeting (conference) of students shall be deemed adopted if more than half of all the attending students (all the delegates)vote in favour of them.
4. The statutes of a students’ representation must define the procedure for delegating students to the management bodies of a higher education institution. Representatives of students shall have a decisive vote in activities of the management bodies
5. A students’ representation shall be entitled to receive information and explanations from a higher education institution and its units on all issues pertaining to studies.
6. A higher education institution shall, in accordance with the procedure laid down by the higher education institution council, support a students’ representation and other organizations of students, provide premises and funds to finance their activities, as well as provide funds for cultural, sports and public activities of students.
7. A students’ representation shall have the right to express its opinion on all issues which are of interest to students and to request, in accordance with the procedure laid down by the statute of a higher education institution, to reconsider the decision adopted by the management bodies of the higher education institution.
Article 57. Union(s) of representations of students of higher education institutions of Lithuania
1. Students’ representations of higher education institutions may unite into associations or other unions in the manner prescribed by the law.
2. Lithuanian students’ representations and their union(s) may participate in activities of international organizations of students.
3. A union(s) of representations of students of higher education institutions of Lithuania shall make proposals to the Seimas and the Government, organize joint events of the students from the entire country, coordinate activities of representations of students of concerted higher education institutions.
Article 58. Teaching staff
1. The positions of teaching staff of higher education institutions shall be as follows: professor, associate professor, lecturer, assistant.
2. A scientist or an established artist may hold the position of a professor. A scientist who holds the position of a professor must train scientists, teach students, conduct research and experimental (social, cultural) development and direct them, announce research results. An established artist who holds the position of a professor must train professional artists, teach students, participate in artistic activities and/or develop art research areas and direct them, announce research results.
3. A scientist or an established artist may hold the position of an associate professor. With the consent of the academic council, a person who has a considerable practical experience in the sphere of a specific subject (subjects) and a Master’s qualification degree or a higher education qualification equivalent to it may be accepted to the position of an associate professor in a college for a period of one year. A scientist who holds the position of an associate professor must teach students, conduct research and experimental (social, cultural) development, announce the results of this activity. An established artist who holds the position of an associate professor must train professional artists, teach students, participate in artistic activities.
4. A scientist or a person who has at least a Master’s qualification degree or a higher education degree equivalent to it may be a candidate for the position of a lecturer. A lecturer must teach students, perform methodological work.
5. A person who has at least a Master’s qualification degree or a higher education qualification equivalent to it may be a candidate for the position of an assistant. An assistant must direct practical training of students (practical work, practical trainings, placements, etc.), help in carrying out research and experimental (social, cultural) development work. The latter requirement shall not be mandatory to assistants of university art studies, as well as college assistants.
6. A higher education institution shall lay down qualification requirements of positions of teaching staff, which must be not lower than those established in paragraphs 2-5 of this Article, as well as the procedure for organizing competitions to fill the said positions and of the performance evaluation of teaching staff.
Article 59. Research staff
1. The research staff of higher education and research institutions shall be researchers holding the position of chief research staff member, senior research staff member, research staff member, junior research staff member, as well as postdoctoral fellowship holders.
2. The position of a chief research staff member may be held by a scientist. A chief research staff member must train scientists, direct research and experimental (social, cultural) development, announce research results.
3. The position of a senior research staff member may be held by a scientist. A senior research staff member must direct research and experimental (social, cultural) development, announce research results.
4. The position of a research staff member may be held by a scientist. A research staff member must conduct research and experimental (social, cultural) development, announce the results of this activity.
5. The position of junior research staff member may be held by a person who has at least a Master’s qualification degree or a higher education degree equivalent to it. A junior research staff member must conduct or help conducting research and experimental (social, cultural) development works, prepare to enter doctoral studies.
6. The Research Council of Lithuania shall lay down the minimum qualification requirements for positions of research staff members, with the exception of the position of a postdoctoral grant holder.
7. The position of a postdoctoral fellowship holder in the institution other than the one in which a person has prepared a doctoral dissertation, may be held by that person, provided that he defended the doctoral dissertation not earlier than five years before the appointment to this position.
8. Higher education and research institutions shall lay down the qualification requirements for positions of researchers which must be not lower than the ones established in paragraphs 2-6 of this Article, with the exception of the position of a postdoctoral fellowship holder, and the procedure for organizing competitions to fill the said positions, with the exception of competitions to fill the position of a postdoctoral fellowship holder.
Article 60. The administrative staff and other employees
1. A higher education and research institution must have its own administration necessary for the performance of administrative functions of the institution and the units of the institution, as well as employees of the administrative staff and other employees necessary for the implementation of the objectives of studies, research and experimental (social, cultural) development, as well as economic activities of the institution.
2. The administration shall consist of employees of higher education and research institutions, with the exception of the heads of the academic units of higher education institutions, which are included into the composition of other academic units, and the heads of the academic units of research institutes, who shall have the right to give orders within the limits of their competence to subordinate employees. Besides the administrative duties, they may carry out pedagogical and/or research work. An academic unit of a higher education and research institution shall be such a unit whose main activities are the carrying-out of studies and/or research and experimental (social, cultural) development.
Article 61. Visiting teachers and research workers
1. Higher education and research institutions may invite teachers and research workers to work under the fixed-duration employment contract for a period not exceeding two years.
Article 62. Associate scientists
1. On the decision of the senate (academic council) of a higher education and research institution of Lithuania or the scientific council of a research institute of Lithuania the status of an associate scientist may be conferred upon a scientist who has worked in that institution and who has been maintaining scientific relations with the institution or institute, but who temporarily works elsewhere (not longer than until the expiry of the term of office).
2. With the consent of the senate (academic council) of a higher education institution or the scientific council of a research institute, an associate scientist may return to the previously held position without a competition and hold the said position until the expiry of the term of tenure. The term of tenure shall also include the periods during which the associate scientist worked elsewhere.
Article 63. Professor emeritus
1. The senate (academic council) of a higher education institution may confer the title of a professor emeritus upon professors who have actively performed research and pedagogical work in the higher education institution, for the special merit to science or arts.
2. A professor emeritus shall, in accordance with the procedure laid down by the statute of a higher education institution, be provided with the possibilities to participate in research and other activities of the higher education institution.
Article 64. Rights and duties of the staff of a higher education and research institution
1. The staff of a higher education and research institution shall, in accordance with the procedure laid down by legal acts, have the right:
1) within the limits of their competence to participate in competitions for implementation of research programmes and for securing support from higher education and research funds, as well as to utilize appropriated resources;
2) to participate in competitions for graduate and postdoctoral scholarships in the Republic of Lithuania and abroad;
3) to obtain from state institutions the information which is necessary for research work. If such information is a state or official secret, it shall be furnished and used in accordance with the procedure laid down by legal acts;
4) to participate in consideration of a statute (regulations) and trends of activities of their institution;
2. Every five years teaching staff members may be released for a period not longer than one year from their pedagogical work to conduct research and to improve their scientific and pedagogical qualification. The teacher shall be paid his average salary during the said period.
Article 65. Admission to the positions of teachers and research workers of higher education and research institutions
1. Persons shall be accepted to the positions of teachers and research workers of higher education and research institutions, with the exception of postdoctoral fellowship holders and persons indicated in Article 61 and paragraph 4 of this Article, through an open competition for a five-year term of tenure. The procedure for organizing a competition to fill the positions of teachers and research workers of a higher education institution shall be laid down by the higher education institution, and the procedure for organizing a competition to fill the positions of teachers and research workers of a research institute – by the research institute.
2. Persons shall be appointed to the position of a postdoctoral fellowship holder for a period not longer than two years in accordance with the procedure laid down by the Government. This period may be extended by one more year in accordance with the procedure laid down by the Government.
3. With not less than three months remaining before the expiry of the term of tenure of a teacher and research worker of a higher education and research institution, an open competition shall be announced to fill these positions. A person who already holds this position may participate in the said competition. An announcement about a competition to fill a position must be published in the websites of the institution and the Research Council of Lithuania, as well as in the Lithuanian mass media and, where appropriate, in the international mass media.
4. A person who has the second time in succession won the competition to hold the same position of a teacher or a research worker shall conclude an employment contract of unlimited duration for holding this position. Performance evaluation of this person shall be carried out every five years in accordance with the procedure laid down by higher education and research institutions. A period during which a higher education and research institution which carries out performance evaluation of a person granted that person a maternity leave, paternity leave or childcare leave shall not be included in the said five-year period.
A person who fails the performance evaluation shall be dismissed from the position. Persons shall be accepted to a higher position of a teaching staff member or research staff member by way of an open competition.
5. A recruitment commission which evaluates candidates for the position of a teacher and a research worker, with the exception of postdoctoral fellowship holder, shall be set up in accordance with the procedure laid down by higher education and research institutions. Not less than one third of the members of the recruitment commission must be persons who do not work in this higher education and research institution. When making arrangements for a competition to fill the position of a chief research worker or a professor, at least one international expert must be in the recruitment commission.
Article 66. Organizations of students, teachers, scientists and other researchers
1. Students, teachers, scientists and researchers shall have the right to join unions and other associations pursuant to the procedure laid down by the Law on Associations.
2. The Lithuanian Academy of Sciences shall be a state budgetary institution which unites the most prominent Lithuanian and foreign scientists related through their activities to Lithuania. The Lithuanian Academy of Sciences shall act in compliance with its statute. The statute of the Lithuanian Academy of Sciences shall be approved by the Seimas.
3. The Lithuanian Catholic Academy of Sciences shall unite the most prominent catholic-oriented Lithuanian scientists, Lithuanian scientists living abroad and foreign scientists related through their activities to Lithuania. The Lithuanian Catholic Academy of Sciences shall act in compliance with its statutes.
4. Student unions and organizations, organizations of teaching staff members, scientists and other researchers, scientific societies and other associations of students, which act in compliance with laws and their statutes, may, in accordance with the procedure laid down by the Research Council of Lithuania, receive state budgetary funds for activities related to the purposes set for the system of higher education and research.
5. Relationships between rectors (directors) of high education institutions as well as their relationships with state government and administration institutions and municipal institutions shall be coordinated by the Lithuanian University Rectors' Conference (Conferences), Lithuanian College Directors’ Conference (Conferences) as well as other organizations and associations operating in accordance with laws and their regulations.
Article 67. Funds of higher education and research institutions
1. Funds of higher education and research institutions shall comprise the following:
1) resources of the basic funding of the state budget for state higher education and research institutions;
2) state budgetary funds appropriated for studies to higher education and research institutions in accordance with the procedure laid down by this Law;
3) funds of state investment programmes and state investment projects to state higher education and research institutions;
4) income received as payment for studies, as well as income received from economic, research activities and rendered services;
2. State budget appropriations for each state university and state research institution shall be allocated under a separate budget heading. State colleges shall be funded with the state budget appropriations allocated for the state institutions or establishments which perform the functions of their founder.
Article 68. Funds of the basic funding of the state budget
1. The funds of the basic funding of the state budget shall be allocated to state higher education and research institutions for:
2. State budget funds for research, experimental (social, cultural) development and expansion of artistic activities shall be allocated to state higher education and research institutions in compliance with the procedure laid down by the Government according to the results of evaluation of research (artistic) activities of the state higher education and research institutions.
Article 69. State budget funds for studies
1. State budget funds for studies shall be appropriated:
2) to compensate, in the manner prescribed by Article 71 of this Law, a tuition fee paid by the students who achieved the best results of studies in the student places which are not funded by the state;
3. In accordance with the procedure laid down by the Government, taking account of national economic, social and cultural development needs as well as financial possibilities of the State, state budgetary funds to cover the tuition fee in state-funded student places at non-state higher education institutions and branches of foreign higher education institutions established in the Republic of Lithuania may be allocated, if, on the basis of objective factors, particular specialists may not be trained at state higher education institutions.
Article 70. Payment of the cost of studies in student places funded by the State
1. Priority to state-funded student places pursuant to study programmes of the first cycle and integrated study programmes shall be given to entrants according to their capabilities which are determined by taking into account the results of matura examinations, studying, other results as well as special capabilities. A ranking list of the persons who have completed a secondary education programme with the best results shall be drawn up in accordance with the procedure laid down by the Ministry of Education and Science, prepared upon the evaluation of proposals of state higher education institutions. The said programme shall be announced not later than two years prior to the beginning of the respective academic year.
2. State-funded student places according to study programmes of the first cycle and integrated study programmes shall be allocated to higher education institutions in accordance with the choice among higher education institutions made by enrolling persons who have completed the secondary education programme with the best results, without exceeding state funding established for each study area. Distribution of funding for study areas shall be established by the Government, taking into account the needs of the national economic, social and cultural development and financial possibilities of the State.
Version valid as of 31 August 2016:
3. A preliminary number of state-funded student places of the first cycle and integrated studies according to each study filed or a set of study fields shall be announced by the Ministry of Education and Science not later than by 15 April of each year.
4. Only those persons whose study results are not lower than the minimum criteria fixed by the Ministry of Education and Science may apply for state-funded student places of the first cycle and integrated study programmes.
5. The final number of state-funded student places of the first cycle and integrated studies to which students are admitted as well as their distribution among higher education institutions and study areas shall be approved by the Ministry of Education and Science after the results of admission to higher education institutions are made known and study agreements are signed.
6. The number, approved by the Ministry of Education and Science, of student places in studies of a full-time form in a higher education institution, when the cost of studies in the said student places are covered with the state budget funds pursuant to the provisions of this Article, shall remain unchanged during the whole set period of studies; the number of student places in studies of a part-time form in a higher education institution, when the cost of studies in the said student places are covered with the state budget funds, shall remain unchanged during a period which lasts one-and-a-half time longer than the study period established for the respective studies of a full-time form, with the exception of the cases provided for in paragraph 8 of this Article. In the cases when a person is excluded from a higher education institution, loses the state funding or terminates studies and when a state-funded student place is not occupied in accordance with the procedure laid down in paragraph 14 of this Article, state funding for the student place shall remain for a higher education institution until the end of a budgetary year.
7. A person whose studies of the first cycle or integrated studies are funded by the State shall, upon the end of the period of academic studying set by the higher education institution, but not exceeding an academic year, after which a regular main check of knowledge is carried out, lose state funding for studies if the mean of the results of his studies during a respective period is more than 20 percentage points lower than the mean of the results of studies of a respective study programme and form by higher education institution students of the same year of studies during a respective period. A person who loses state funding must pay for his studies a tuition fee fixed by a higher education institution and his state-funded student place shall be occupied by a person whose study results in a student place which is not funded by the State are the best.
Paragraph 7 will be held to be valid as of 31 August 2016:
8. A person whose studies are funded by the State in accordance with the procedure laid down by the Government shall have the right to change a study programme within the same study area, without losing the remaining part of state funding of the studies, where such part does not exceed the normative cost of that study programme.
9. The number of state-funded student places of the second cycle, doctoral studies and studies which do not award a degree shall be fixed by the Government each year prior to 11 March according to study or research fields, taking account of national economic, social and cultural development needs as well as financial possibilities of the State. Student places of studies of the second cycle and studies which do not award a degree shall be distributed among universities by the Ministry of Education and Science according to study fields, taking into consideration the results of research (artistic) activities and/or the choice of the entrants to study programmes of the first cycle and integrated study programmes according to a study or research field. Doctoral student places shall be distributed for higher education and research institutions by the Ministry of Education and Science according to research fields, taking into consideration the results of (artistic) activities and doctoral studies.
Version valid as of 31 August 2016:
9. The number of state-funded student places of the second cycle, doctoral studies and studies which do not award a degree shall be fixed by the Government each year prior to 15 April according to study fields, taking account of national economic, social and cultural development needs as well as financial possibilities of the State. Student places of studies of the second cycle and studies which do not award a degree shall be distributed among universities by the Ministry of Education and Science according the results of students’ research (artistic) activities and/or according to the choice of the entrants to study programmes of the first cycle and integrated study programmes according to a study or research field. Doctoral student places shall be distributed for higher education and research institutions by the Ministry of Education and Science according to the results of (artistic) activities and doctoral studies.
10. The state shall fund the cost of studies of persons studying in state-funded student places in accordance with the procedure laid down in Article 76 of this Law.
11. State budget funds to cover the cost of studies in state-funded student places shall be allocated in accordance with the procedure laid down by the Government.
12. In Government-set cases and pursuant to the procedure laid down by the Government, persons who have been studying in state-funded student places and who have been excluded from a higher education institution or have terminated their studies, must return into the state budget the funds (or part thereof) intended to cover the cost of studies in state-funded student places.
13. The Ministry of Education and Science shall lay down the procedure of competition to state-funded student places of persons who have acquired education in institutions of foreign countries or pursuant to education programmes of international organisations.
14. After a person who studied in a state-funded student place has been excluded from a higher education institution or after he himself terminates studies (with the exception of the cases provided for in paragraph 8 of this Article), another person who studies in the same study programme of the same year of studies in a student place which is not funded by the State may be transferred to the said state-funded student place in the manner prescribed by the higher education institution (with the exception of the person referred to in Article 72 of this Law).
Version valid as of 31 August 2016:
14. After a person who studied in a state-funded student place has been excluded from a higher education institution or after he himself terminates studies (with the exception of the cases provided for in paragraph 8 of this Article), other persons who study in a student place which is not funded by the State may be transferred to the said state-funded student place in the manner prescribed by the higher education institution in compliance with the principles embedded in Article 701 of this Law).
Valid as of 31 August 2016:
Article 701. Free higher education for students with good academic results
1. Studento pasiekti studijų rezultatai baigus modulį (dalyką) vertinami priskiriant juos pasiekimų lygmeniui.
2. Skiriami trys studijų pasiekimų modulių (dalykų) lygmenys: puikus, tipinis ir slenkstinis:
1) puikiam pasiekimų lygmeniui priskiriamas studentas, kuris: žino naujausius studijų dalyko (krypties) šaltinius, teorijas ir principus ir gali kurti ir plėtoti naujas idėjas; geba taikyti žinias ir spręsti sudėtingas ir netipines studijų krypties ir su ja susijusios profesinės veiklos problemas; gali savarankiškai rinkti, vertinti, interpretuoti duomenis ir jais remdamasis priimti sprendimus; geba logiškai perteikti informaciją, idėjas, problemas ir sprendimus bendraudamas su savo studijų krypties ir kitų studijų krypčių specialistais; turi mokymosi gebėjimų, būtinų tolesnėms studijoms ir savarankiškam mokymuisi;
2) tipiniam pasiekimų lygmeniui priskiriamas studentas, kuris: žino svarbiausias savo studijų dalyko (krypties) teorijas ir principus ir gali pagrįsti esminius studijų krypties pasiekimus; geba taikyti žinias spręsdamas standartines savo studijų krypties ar su ja susijusios profesinės veiklos problemas; gali savarankiškai rinkti, vertinti ir interpretuoti savo studijų krypties duomenis, reikalingus sprendimams priimti; geba perteikti įprastinę studijų krypties informaciją, idėjas, problemas ir sprendimus; turi mokymosi gebėjimų, būtinų tolesnėms studijoms ir savarankiškam mokymuisi;
3) slenkstiniam pasiekimų lygmeniui priskiriamas studentas, kuris: žino svarbiausias savo studijų dalyko (krypties) teorijas ir principus; geba taikyti žinias spręsdamas nesudėtingas savo studijų krypties problemas; gali dalyvauti renkant, vertinant ir interpretuojant savo studijų krypties duomenis, reikalingus sprendimams priimti; geba perteikti pagrindinę studijų krypties informaciją, idėjas, problemas; turi savarankiško mokymosi gebėjimų.
3. Po aukštosios mokyklos nustatyto vertinamojo laikotarpio, ne ilgesnio kaip studijų metai, modulių (dalykų) vertinimai apibendrinami ir nustatomas vertinamojo laikotarpio studijų pasiekimų lygmuo:
1) studentas laikomas pasiekusiu puikų vertinamojo laikotarpio studijų pasiekimų lygmenį, jeigu ne mažiau kaip keturi penktadaliai modulių (dalykų) įvertinimų yra puikaus lygmens, o kiti – ne žemesnio kaip tipinio lygmens;
2) studentas laikomas pasiekusiu tipinį vertinamojo laikotarpio studijų pasiekimų lygmenį, jeigu ne mažiau kaip trys ketvirtadaliai modulių (dalykų) įvertinimų yra tipinio arba puikaus lygmens, o kiti – slenkstinio lygmens;
4. Gerai besimokančiu laikomas studentas, neturintis akademinių skolų, įvykdęs visus studijų programai vertinamuoju laikotarpiu keliamus reikalavimus ir pasiekęs puikų arba tipinį pasiekimų lygmenį.
5. Studentui, kurio pirmosios pakopos ar vientisosios studijos yra valstybės finansuojamos, po aukštosios mokyklos nustatyto vertinamojo laikotarpio, ne ilgesnio kaip studijų metai, valstybės finansavimas studijoms išlieka, jeigu jis atitinka šio straipsnio 4 dalyje nustatytus gero mokymosi kriterijus. Jeigu studentas neatitinka gero mokymosi kriterijų, jis netenka valstybės finansavimo, išskyrus šio straipsnio 6 dalyje nustatytą atvejį. Valstybės finansavimo studijoms netekęs studentas už studijas turi mokėti aukštosios mokyklos nustatytą studijų kainą, o atsilaisvinusią valstybės finansuojamą studijų vietą aukštosios mokyklos nustatyta tvarka užima geriausiai toje pačioje studijų programoje (kryptyje), tame pačiame kurse ir pagal tokią pačią studijų formą valstybės nefinansuojamoje studijų vietoje besimokantis studentas, atitinkantis gero mokymosi kriterijus. Jeigu atsilaisvinusių vietų yra mažiau negu studentų, atitinkančių gero mokymosi kriterijus, pirmenybė teikiama studentams, vertinamuoju laikotarpiu surinkusiems daugiau modulių (dalykų) puikaus pasiekimų lygmens įvertinimų.
6. Jeigu pirmosios studijų pakopos ir vientisųjų studijų atitinkamos studijų programos (krypties) ir studijų formos studijų kurse nėra valstybės nefinansuojamose studijų vietose studijuojančių studentų, atitinkančių gero mokymosi kriterijus, valstybės finansuojamose studijų vietose studijuojantiems ir neturintiems akademinių skolų studentams valstybės finansavimas studijoms išlieka, nors jų vertinamojo laikotarpio pasiekimų lygmuo yra slenkstinis.“
Article 71. Reimbursement of the tuition fee
1. Pursuant to the procedure and to the extent prescribed by the Government a part of the persons in the student places of the first cycle or integrated studies not funded by the State, who have finished with the best results the first two academic years (in the case of part-time studies –half of a study programme) and the remaining academic years, shall be reimbursed for the tuition fee paid for the studies during a respective period (a part of the fee which does not exceed the normative cost of studies). After the first two years of studies (in the case of part-time studies – after finishing half of a study programme) reimbursement shall cover the tuition fee paid by a person during a respective period of time (a part of the fee which does not exceed the normative cost of studies). Upon completion of the studies, reimbursement shall cover the tuition fee (a part of the fee which does not exceed the normative cost of studies) paid for the period from the third year of studies until the end of the first cycle of studies or the end of the integrated studies (in the case of part-time studies – for the other half of a study programme). The number of persons for whom the tuition fee (a part of the fee which does not exceed the normative cost of studies) is reimbursed shall be determined according to a specific study field of a higher education institution in the manner prescribed in paragraph 2 of this Article. Ranking lists of persons who finished with the best results the first two academic years (in the case of part-time studies – half of a study programme) and the remaining academic years in the student places which are not funded by the State shall be set in the manner prescribed by a higher education institution according to the study fields.
2. The number of persons in a specific study field of a higher education institution, who finished with the best results the first two years of studies (in the case of part-time studies - half of a study programme) or the remaining academic years and for whom according to the provisions of paragraph 1 of this Article the tuition fee (a part of the fee which does not exceed the normative cost of studies) is reimbursed, shall be proportionate to the number of persons who were admitted to the state-funded student places of that study field and/or received study scholarships in a respective year of admission. The overall number of persons for whom according to the provisions of paragraph 1 of this Article the tuition fee is reimbursed shall not exceed 10 per cent of the number of persons who that academic year finished in the state-funded student places the first two years of studies of the first cycle or integrated studies (in the case of part-time studies – half of a study programme) and/or received study scholarships or the remaining academic years of the said studies.
Article 72. Cases when state funding is not provided for studies and a tuition fee is not reimbursed
1. The following persons shall not have the right to state-funded student places or reimbursement of a tuition fee in accordance with the procedure laid down in Articles 70 and 71 of this Law:
1) persons who repeatedly study according to a study programme of the same or lower cycle, if they have acquired more than a half of the credits of that study programme with the state budget funds, with the exception of the cases provided for by the Government;
2) persons who simultaneously study according to two or more study programmes which award a degree of the same cycle or according to study programmes which do not award a degree, if their studies are financed with the state budget funds according to at least one of these study programmes (they themselves pay for the second or other study programmes);
3) foreign nationals, with the exception of the persons specified in paragraph 2 of Article 73 of this Law, as well as citizens of the member states of the European Union and other states of the European Economic Area, unless otherwise provided for by international agreements or other legal acts of the Republic of Lithuania;
Article 73. Targeted funding of studies
1. In accordance with the procedure laid down by the Ministry of Education and Science, state budget funds may, by way of competition, be appropriated to higher education and research institutions for the implementation of study programmes, taking into consideration the most urgent needs of the economic, social and cultural development of the State, if the said needs may not be satisfied in other ways laid down in this Law. The number of state-funded student places may be set for study programmes important for the economic, social and cultural development of the State, if there are justified needs for specialists. The number of places of target funding of studies pursuant to study fields or study programmes shall be announced by the Ministry of Education and Science each year but not later than before 15 April.
2. Studies of children, grandchildren, great-grandchildren of the Lithuanians living abroad and foreigners of the Lithuanian origin may be additionally funded in accordance with the procedure laid down by the Ministry of Education and Science. Citizens of the Republic of Lithuania who have lived abroad at least three years or citizens of foreign states who have lost the citizenship of the Republic of Lithuania shall be regarded as Lithuanians living abroad. A foreigner shall be considered to be a foreigner of Lithuanian descent if at least one of his parents or grandparents is or was Lithuanian and who considers himself Lithuanian.
Article 74. State loans and state-supported loans
1. Students may get state loans or state-supported loans:
2. State budget appropriations allocated to the State Studies Foundation, funds accumulated from the repayment of loans, interest and interest charged for late payment, support, as well as funds of private economic entities and other funds may be used for granting state loans or state-supported loans and for covering the expenses related to administration thereof. The Government shall lay down the procedure for grating, administering and repaying state loans or state-supported loans.
Article 75. Scholarships and other support for students
2. Social scholarships from the state budget funds may be granted in the manner prescribed by the Government to students of studies of the first cycle, the second cycle and the integrated studies of a higher education institution.
3. Incentive scholarships from the funds of higher education institutions or other funds may be granted to the best students taking into consideration their study results or other academic achievements. The fund of incentive scholarships of state higher education institutions shall be established and the said scholarships shall be granted in accordance with the procedure laid down by the senates (academic councils) of state higher education institutions, after consultation with a students' representative body.
4. Other types of support may be provided to students of higher education institutions with the state budget funds in accordance with the procedure laid down by the Government.
5. Students of higher education institutions shall be entitled to receive also other types of support.
6. The Government shall approve a profile of a procedure for granting state support for studies abroad, as well as support to persons studying in doctoral studies and students studying according to study programmes which do not award a degree, and to students who have been admitted to student places in which studies are paid with state budget funds.
7. Persons who, according to the ranking list of the persons who have completed a secondary education programme with the best results, have got the highest competition score and have been admitted to the student places of the study programmes of the first cycle and integrated study programmes not funded by the State, shall, for the period of studies, be granted from the state budgetary funds a study scholarship in the amount of the normative cost of studies (if the annual cost of studies paid for studies is less than the normative cost of studies, in this case - in the amount of the cost of studies). Distribution of scholarships by study areas shall be established by the Government, taking into account the needs of economic, social and cultural development of the State as well as financial possibilities of the State. Students of studies of the second cycle and persons studying in doctoral studies may get scholarships in accordance with the procedure laid down by the Government. The procedure for granting and paying scholarships shall be laid down by the Government. Scholarships shall be administered by the State Studies Foundation.
Article 76. Cost of studies
1. The cost of studies shall be fixed by a higher education institution. The cost of studies shall be indicted in the rules on admission to a higher education institution.
2. The cost of studies in higher education institutions shall be fixed taking into consideration the studies-related expenses specified in paragraph 3 of this Article. In those cases when the cost of studies of persons who study in student places which are not funded by the State, such cost of studies may additionally include the expenses which are not specified in paragraph 3 of this Article, but which are necessary to ensure the quality of studies.
3. The following funds necessary for carrying out studies shall be included in the expenses of studies:
4. The normative cost of studies of a respective study field or a set of study programmes shall be calculated in accordance with the procedure laid down by the Government, where such normative cost of studies shall comprise all the expenses specified in paragraph 3 of this Article. The normative cost of studies of students admitted to a higher education institution in a corresponding year shall be each year approved by the Ministry of Education and Science before 15 January. In the cases where the cost of studies fixed by a higher education institution does not exceed the normative cost of studies, the cost of studies of a higher education institution shall be paid with the state budget funds. In the cases where the cost of studies fixed by a higher education institution exceeds the normative cost of studies, the normative cost of studies shall be covered with the state budget funds.
5. Persons who study in state-funded student places of state higher education institutions shall not have to pay to a higher education institution any fee related to the implementation of a study programme, with the exception of the cases referred to in paragraph 2 of Article 72 of this Law.
Article 77. State funding of research, experimental (social, cultural) development and artistic activities
1. Research, experimental (social, cultural) development and artistic activities shall be funded:
1) with funds of the basic financing of the state budget designated for research, experimental (social, cultural) development and artistic activities;
2. Competition-based programmes shall be the totality of measures of research, experimental (social, cultural) development works, the results of which are new scientific knowledge and technologies, the research, experimental (social, cultural) development infrastructure, a higher competence of researchers and other matters necessary to solve urgent problems of the state and society. Competition-based programmes shall be implemented by way of competition funded projects.
3. National research programmes shall be competition-based programmes which create conditions to solve problems important to the state and society and to increase the international competitiveness of the Lithuanian science. The purpose of national research programmes shall be to concentrate the scientific potential of Lithuania and financial resources, to initiate new and to coordinate on-going research necessary to solve a certain problem. The provisions of national research programmes shall be approved by the Government.
4. National complex programmes shall be sets of projects selected by way of competition the purposes and tasks of which are oriented towards the training of specialists of the highest qualification, conducting of research, experimental (social, cultural) development, creation of general infrastructure, strengthening of scientific and business ties in the specific subsectors of the economy (business segments).
5. Other competition-based programmes shall be initiated and implemented in accordance with the procedure laid down by an institution administering these programmes.
6. Applicants shall compete for competition-based programme funding by presenting applications which are assessed with due regard being paid to their compliance with the objectives of research, experimental (social, cultural) development projects, and the criteria of their topicality, competence, quality and other criteria.
7. Competition-based programme funding shall be administered by the Research Council of Lithuania and an institution authorised by the Government or the Ministry of Education and Science.
8. Research in the fields of Lithuanian economy, culture, social protection, health care, national defence and environmental protection, other spheres, experimental (social, cultural) development, training of specialists and other fields of activities related to competition-based programmes shall be financed with the funds which are provided for when approving such programmes; these funds shall be disposed of by the interested ministries, foundations, higher education and research institutions, business entities.
9. Teachers, research workers and other researchers may receive state support for postdoctoral scholarships as well as support for participation in scientific conferences abroad, for teaching in foreign higher education and research institutions. This support shall be administered by the Research Council of Lithuania in accordance with the procedure laid down by it. State support may also be provided by other state institutions. State support to the teachers, research workers and other researchers who have gained postdoctoral scholarships abroad under international agreements shall be provided in accordance with the procedure laid down by the Government.
Article 78. Accounting, financial statements and audit of higher education and research institutions
1. Accounting of higher education and research institutions, organisation and management thereof, compiling of financial statements and reports on implementation of the budget shall be established by laws and other legal acts.
2. Income of state budgetary research institutes accrued from scientific, economic activities and rendered services shall be included in the state budget income, but shall be used pursuant to the procedure laid down by legal acts and according to special programmes for the implementation of purposes and tasks set out in statutes of state research institutions.
3. State assets transferred under a property trust agreement must be recorded separately from other assets of a state higher education institution.
4. State higher education and research institutions shall each year (but not later than until March) publicly announce and submit to the Ministry of Education and Science and the founder annual reports on activities, as well as publicly announce annual revenue and expenditure estimates and reports on their implementation.
5. The National Audit Office shall conduct audits of state higher education and research institutions in accordance with the procedure laid down by legal acts. When necessary, the Ministry of Education and Science or the founder may initiate an audit of financial statements of state higher education and research institutions.
Article 79. Principles of management, use and disposal of the assets of state higher education institutions, inviolability of the territory and buildings of state higher education institutions
1. While managing, using and disposing of assets, higher education institutions shall adhere to the following principles:
1) public benefit. This principle shall mean that the assets must be managed, used and disposed of carefully, with an aim to develop an educated individual and society, receptive to science, cultural values and latest technologies, to freely create, accumulate and communicate scientific knowledge and cultural values to the public, to foster the civilizational identity of Lithuania;
2) efficiency. This principle shall mean that while managing, using and disposing of the assets, a state higher education institution must seek the greatest benefit for society;
3) rationality. This principle shall mean that the assets must be taken care of and managed in a reasonable, purposeful and proper manner;
4) accountability to the public. This principle means that state higher education institutions, when implementing the autonomy, the freedom of culture, science, research, teaching guaranteed by the Constitution of the Republic of Lithuania, and independently managing the assets entrusted to them, are accountable to the public for quantitative and qualitative changes of the assets managed, used and disposed of by them;
2. State higher education institutions shall exercise the right to the inviolability of their territories and buildings. Only the Government may, upon having evaluated the opinion of a state higher education institution, change the boundaries of the territory of the state higher education institution or the managers of the state buildings. If the council of a state university does not agree, the boundaries of the territory or the managers of the state buildings may be changed by the Seimas.
Article 80. Transfer under trust agreements of state assets to state higher education institutions
1. The State may transfer the fixed tangible assets belonging to it by the right of ownership to state higher education institutions by the right of trust and under a property trust agreement, the transfer being executed in accordance with the procedure and under the terms and conditions laid down by the Law on the Management, Use and Disposal of State and Municipal Assets, with the exception of the cases provided for in this Chapter.
2. A state property trust agreement shall be drawn up for a period not exceeding twenty years. A model form of a property trust agreement shall be approved by the Government.
3. A state property trust agreement shall expire in the cases referred to in Article 6.967 of the Civil Code and in the event of reorganization.
4. Besides other terms and conditions specified in Article 6.959 of the Civil Code, a state property trust agreement must provide for the duty that a state higher education institution must, not later than before 1 May of the next year, publicly announce in the webpage of the higher education institution a report on the management, use and disposal of the state assets for the last financial year.
5. A state higher education institution may lease the state assets transferred to it under a property trust agreement to the third persons, may transfer these assets under a contract of loan for use, if that has been provided for in the property trust agreement and if this is necessary to ensure activities of the higher education institution. A state higher education institution may lease by way of public tender the state assets transferred to it under a property trust agreement for the implementation of other formal and non-formal education and culture programmes, if this has been stipulated in the property trust agreement. A state higher education institution shall use the income received from the state assets lease to carry out the activities set out in the statute of that higher education institution
Article 81. Management, use and disposal of the assets of higher education institutions by the right of ownership
1. The following shall comprise the assets managed, used and disposed of by state higher education institutions by the right of ownership:
2) income received as payment for studies, as well as income received from economic, research activities and rendered services;
5) assets purchased with the state budget funds and with the funds provided for in subparagraphs 2-4 of this paragraph, with the exception of the immovable property acquired with the European Union assistance, funds of the state budget and state foundations;
8) property rights arising from intellectual activity results (scientific or artistic works and objects of industrial property rights - patents, design, trademarks and topographies of semiconductor products, other intellectual property objects);
Article 82. Rights arising from intellectual activity results
1. Property rights arising from intellectual activity results (scientific or artistic works and objects of industrial property rights - patents, design, trademarks and topographies of semiconductor products, other intellectual property objects) acquired under contract or in accordance with the procedure laid down by laws shall belong to state higher education institutions by the right of ownership.
2. A person must notify a state higher education institution in accordance with the procedure laid down by it about the intellectual activity results which have been achieved in that state higher education institution through the use of its experience or technologies and/or equipment and/or in the process of a research with the said person performing his job functions during the research. Issues pertaining to the transfer of economic rights to a higher education institution or conferring of such rights for use shall be regulated in accordance with the procedure laid down by the law and/or contracts.
3. Not less than one third of the profit gained through commercial use of the intellectual activity results achieved by employees of a state higher education institution in the process of a research with the employees performing their job functions during the research and by persons studying in doctoral studies in the process of a research must be allocated to the author (co-authors), unless otherwise provided for in an employment contract or a contract concluded between the state higher education institution and the employee (person studying in doctoral studies).
Article 83. Restrictions on the disposal of the assets managed and used by state higher education institutions by the right of ownership
1. Transactions on the basis of which the state assets of a higher education institution are transferred to the third persons shall be concluded in compliance with market prices which are fixed in accordance with the Law on Basics of Property and Business Valuation, after a consent of the Government or an institution authorised by it has been obtained according to the procedure laid down by the Government.
2. State higher education institutions shall not have the right to invest in legal persons of unlimited civil liability and to found them. State higher education institutions may establish and invest in legal persons of limited civil liability under the conditions and in the manner prescribed by the council of a higher education institution only when such establishment or investment is related to activities concerning organization of studies delivered by a state higher education institution or research carried out by this institution, and is necessary to achieve such objectives.
3. It shall be prohibited for state higher education institutions to provide a security in the form of the assets they manage for performance of obligations of the third persons.
4. State higher education institutions shall have the right to borrow, i.e. is to sign loan agreements, lease (financial lease) agreement and other promissory debt instruments, observing the general limit on borrowing by state higher education institutions as fixed by the Law on the Approval of Financial Indicators of the State Budget and Municipal Budgets of the relevant year. The Ministry of Education and Science shall distribute this limit on borrowing among state higher education institutions. State higher education institutions shall account for the undertaken debt obligations to the Ministry of Education and Science in accordance with the procedure laid down by it. A state higher education institution may not mortgage more than 20 per cent of the tangible assets managed by the right of ownership in order to ensure the performance of debt obligations. Before concluding immovable property mortgage contracts it shall be required to obtain in the manner prescribed by the Government, a consent of the Government or an institution authorised by it.
Article 84. Types of research institutions and foundations of their activities
1. State research institutions shall be of the following types:
2. Research institutions shall conduct long-term research and experimental (social, cultural) development, important for the State and society, in an area defined by the founder (a meeting of the members of the legal person).
3. Research institutions may be state and non-state. The founder of state research institutions shall be the Government. Founders of non-state research institutions shall be natural or legal persons, with the exception of state and municipal establishments, as well as the branches, located in Lithuania, of enterprises established in the Member States of the European Union or other states which signed the Agreement on the European Economic Area.
4. State research institutions shall be public legal persons that function as budgetary or public establishments.
Article 85. Rights and duties of research institutions
1. Research institutions shall have the right:
1) in compliance with laws and other legal acts, to determine their structure, internal working arrangements, number of employees, their rights and duties, workpay conditions;
2) when accomplishing their mission, to cooperate with enterprises, establishments and organizations;
3) to publish scientific and other literature as well as to choose scientific publications, other ways to communicate the results of their research and experimental (social, cultural) development to the public;
5) to promote the use of the results of research and experimental (social, cultural) development in the fields of the economy, social and cultural life;
7) to carry out expert examinations, to provide scientific consultations and other services in the fields of science and technologies;
2. Research institutions must:
2) in accordance with the procedure laid down by the founder or an institution authorised by it to inform the founders (members of the legal person) and the public about the measures of quality assurance in research activities, their financial and economic activities, and the use of funds;
3) furnish in due time official information to institutions authorised by the Government (statistical data and relevant information) which is necessary for the management and monitoring of the higher education and research system;
Article 86. State research institute
1. A state research institute shall be a research institution whose main activity is long-term international-level fundamental and applied research important to the national economy and culture and which requires groups of specialized scientists.
2. The main purposes of a state research institute shall be as follows:
1) to conduct long-term research and experimental (social, cultural) development, important for the development of the national economy, culture and society, in a certain area (areas);
2) to cooperate with representatives of business, the government and the public, to carry out commissioned works of research and experimental (social, cultural) development, to render methodological and other assistance;
3) together with higher education institutions to train scientists, to help to train specialists, to ensure the scientific competence of the international level;
Article 87. University research institute
1. A university research institute shall be a research institution which conducts research and experimental (social, cultural) development in a certain area (certain area) corresponding to the purposes and mission defined by the university, which provides a scientific base for studies of university students and training of scientists, improvement of the scientific qualification of the teachers.
2. The main purposes of a university research institute shall be as follows:
1) to conduct long-term research and experimental (social, cultural) development, important for the development of the national economy, culture and society, in a certain area (areas);
2) together with the university to train scientists, to help to train specialists, taking into consideration the latest scientific achievements and the needs of the national economy;
Article 88. State research establishment
1. A state research establishment shall be a research institution which conducts applied research and experimental (social, cultural) development works important for the development of a respective sphere of the economy or culture, and/or which develops experimental production.
2. The main purposes of a state research establishment shall be as follows:
1) to conduct applied research and experimental (social, cultural) development, training, to create methodologies of a concrete area of research and experimental (social, cultural) development, which is topical for the founder (members of the legal person) or the institution performing the functions of the founder;
Article 89. Governing bodies of a research institution
1. The governing bodies of a state research institution (with the exception of a state research establishment) shall be the council of the research institution and the director of the research institution.
Article 90. Council of a state research institute and university research institute
1. The governing body of a state research institute and a university research institute shall be the council.
2. The council shall perform the following functions:
3) approve an annual report on activities of the institute, organize a permanent qualification analysis of activities and evaluate how the institute implements its tasks, objectives and mission in the State;
4) lay down the procedure for organising the performance evaluation of research workers and competitions to fill positions of research workers;
5) consider a revenue and expenditure estimate of the institution, reporting on its implementation, other documents regulating research activities and internal procedure;
3. Two thirds of the members of the council shall be elected by scientists of a state research institute and one third of the members of the council shall be delegated by the founder or an institution authorised by him. The Government may fix another proportion of members of the council elected by scientists of a state research institute and members of the council appointed by the founder, moreover, it may determine that the council of a state research institute includes representatives of the interested institutions, establishments and organizations.
4. Two thirds of members of the council of a university research institute shall be members of the council elected by scientists of the university research institute and one third of members of the council shall be members of the council appointed by the university senate. The Government may fix another proportion of members of the council of a university research institute elected by scientists of the university research institute and members of the council of the university research institute appointed by the university senate, moreover, the Government may also determine the procedure in compliance with which representatives of the interested institutions, establishments and organizations are included in the council of the university research institute.
Article 91. Director of a state research institution
1. The director of a state research institution shall be a single-person management body of the state research institution, shall act in the name of the said institution and represent it. The director shall perform the functions of the head of the institution as provided for in the statutes and legal acts.
2. The Minister of Education and Science shall, upon the recommendation of the council of the state research institute, appoint and dismiss the director of the state research institute elected by secret ballot in an open competition by the council of the state research institute.
3. The director of a university research institute shall be elected from among scientists for a term of office not exceeding five years and for not more than two terms of office in succession by secret ballot in an open competition by a commission; this commission shall comprise an equal number of representatives of the council of the university research institute and the university senate, and one representative of the Ministry of Education and Science. The Ministry of Education and Science shall lay down the procedure for holding a competition and setting up the commission. The university rector shall conclude a fixed-term employment contract with the elected director of the university research institute.
4. A person having a scientific degree and the experience in management may be the director of a state research institution.
5. The term of office of the director of a state research institution shall be five years. The same person may hold the office of the director of the research institution only for two terms of office in succession and not earlier than after an interval of five years since the end of the last term of office, if the last term of office was consecutively the second.
Article 92. Funding of research institutions
State budget appropriations for each state research institute and university research institute shall be allocated under a separate budget heading. State research establishments shall be funded with the state budget appropriations allocated for the state institutions or establishments which perform the functions of the founder of the respective state research establishments.
Article 93. Implementation of the Law
1. The Government or an institution authorised by it, other institutions specified in this Law shall prepare and approve legal acts necessary for the implementation of this Law.
2. Upon entry into force of this Law, universities may not accept persons to college studies and colleges may not accept persons to university studies.
3. State higher education institutions established prior to entry into force of this Law shall be regarded as having the right to carry out studies and activities related thereto. These state higher education institutions shall, within six months from the entry into force of this Law, be issued authorizations to deliver studies and to carry out activities related thereto.
4. The Government or an institution authorised by it shall organize the restructuring of research institutions until 1 January 2010.
5. The qualification acquired upon completion of a non-university study programme shall be equalled to the qualification acquired upon completion of a college study-programme. The equivalence of specialized professional studies to the corresponding studies in accordance with the composition of the study system approved by this Law shall be established by the Government.
6. Until 1 January 2010 universities together with state research institutes or university research institutes shall have the right to carry out doctoral studies.
7. The procedure, laid down in Article 52 of this Law, of setting and announcement of a list of competition subjects according to study fields and principles of composition of a competition score, the lowest passing entrance score and other criteria shall not apply to the conditions of admission to state higher education institutions, which have been established and announced prior to the entry into force of this Law in accordance with the procedure laid down by legal acts.
8. State higher education institutions must be restructured from budgetary establishments into public establishments by 31 December 2011.
9. Study programmes, assessed and registered in the Register of Study and Training Programmes prior to the entry into force of this Law, must be accredited by the Centre for Quality Assessment in Higher Education by 31 August 2009. Study programmes registered in the Register of Study and Training Programmes, which have not been assessed externally, must be assessed by 31 December 2010.
10. Higher education institutions shall create conditions to complete their studies for persons who were accepted to the higher education institutions before the entry into force of this Law.
11. Programmes of specialized professional studies designated for acquisition of a teacher’s qualification, which were registered in the Register of Study and Training Programmes before the entry into force of this Law, shall be held equivalent to the study programmes which do not confer a degree and which are designated for acquiring of a teacher’s qualification.
12. Councils of state colleges shall, by the date set by the Government, draw up drafts amending statutes of colleges, which implement the provisions of this Law, and submit them to the Government.
13. Change of the legal form of a state higher education institution shall not affect contracts of loan for use of state land which were concluded before the restructuring of the state higher education institution from a budgetary establishment into a public establishment.
14. A council of the Centre for Quality Assessment in Higher Education shall be set up within six months of the entry into force of this Law in accordance with the procedure laid down by paragraph 2 of Article 17 of this Law.
15. The Regulations of the Council of Higher Education shall be evaluated and, if necessary, amended within six months of the entry into force of this Law.
16. The Statute of the Lithuanian Academy of Sciences shall be evaluated and, if necessary, amended within ten months of the entry into force of this Law.
Article 94. Entry into force and application of the provisions of Chapter VIII of the Law
1. Paragraph 2 of Article 67 and paragraph 2 of Article 69 of this Law shall enter into force on 1 January 2010.
2. Subparagraphs 1 and 2 of paragraph 1 of Article 69, paragraphs 6, 7, 8, 10, 11, 12 and 14 of Article 70, Articles 71, 72 and paragraphs 1, 2, 3, 4 and 5 of Article 76 of this Law shall not be applied to persons who were accepted to higher education institutions before the entry into force of this Law.
3. State budget funds designated to fund studies of the persons accepted to state higher education institutions before the entry into force of this Law shall be appropriated in accordance with the procedure laid down by the Government, taking account of the number of student places, fixed pursuant to the procedure laid down by legal acts before the entry into force of this Law, where the studies in state higher education institutions of the students accepted to the said student places are fully or partly covered with state budget funds.
4. Students of undergraduate, integrated studies and studies of the second cycle of all forms of state higher education institutions, accepted to state higher education institutions before the entry into force of this Law, with the exception of the students specified in paragraphs 8 and 9 of this Article, if their studying does not meet the criteria of good studying as defined in paragraph 5 of this Article, shall each semester pay a study fee to a higher education institution in the amount of four basic social benefits established by legal acts.
5. Free education shall be ensured for students of state higher education institutions with good academic results, accepted to the state higher education institutions before the entry into force of this Law, with the exception of the students specified in paragraphs 8 and 9 of this Article. Students with good academic results shall be students who do not have academic failures and whose average of the evaluation of study subjects within a semester is not less than eight on a ten-point grading scale in accordance with the system of evaluation of study results approved by the Government or an institution authorised by it.
6. Students who were accepted to state higher education institutions before the entry into force of this Law shall be struck off the register of students of the higher education institution for poor academic progress in accordance with the procedure laid down by the higher education institution. The following persons, accepted to state higher education institutions before the entry into force of this Law, who study in the same study programme of the same year of studies (except the persons referred to in subparagraphs 1-3 of paragraph 8 of this Article) shall qualify to fill vacancies according to the progress and in the order of priority:
7. In the case when it is impossible to fill vacancies in accordance with the procedure laid down in paragraph 6 of this Article, state budget funds designated for funding of these free student places may be used for funding the studies of students of the same year of studies who were accepted to state higher education institutions before the entry into force of this Law and who study according to the study programmes the cost of which is not lower than that of the said free student places.
8. The following persons accepted to a state higher education institution prior to the entry into force of this Law shall pay a tuition fee, fixed by the state higher education institution, for studies in the state higher education institution:
1) persons studying according to a study programme of the same cycle or a lower cycle which they have completed in the state higher education institution, if they paid the full tuition fee for not more than half of the credits of the completed study programme, with the exception of the cases provided for by the Government;
2) persons who simultaneously study according to two or more study programmes, if their studies are fully or partly financed with the state budget funds according to at least one of these study programmes (they themselves pay for the second or other study programmes);
3) foreign nationals, if the international agreements of the Republic of Lithuania or other legal acts do not provide otherwise;
9. The following persons accepted to state higher education institutions before the entry into force of this Law shall pay a tuition fee proportionate to the volume of a study subject:
10. Students who were accepted to state higher education institutions before the entry into force of this Law may receive state loans or state-subsidized loans to pay the study fees referred to in paragraph 4 of this Article. The Government shall lay down the procedure for granting, administering and repaying these loans.
11. Paragraph 2 of Article 75 of this Law shall apply in 2009 only to students of state higher education institutions. State budget funds designated for payment of incentive scholarships and other support for students of state higher education institutions accepted to those state higher education institutions before the entry into force of this Law shall be granted in accordance with the procedure laid down by the Government.
Article 95. Entry into Force and Application of the Law
1. Paragraph 1 of Article 8 of this Law to the extent defining the obligation of universities to carry out only university studies, paragraph 1 of Article 9 to the extent defining the obligation of colleges to carry out only college studies, and paragraph 2 of Article 93 shall enter into force on 1 January 2010.
2. Paragraph 21 of Article 4 and paragraphs 3, 4, 5, and 6 of Article 47 of this Law shall enter into force on 1 September 2011. Until 1 September 2011 the following definition of “study credit” shall be used: a unit for measuring the scope of studies, equalling forty work (academic, laboratory, independent, etc.) hours of a notional student, i.e., one week of the student’s work.
3. The qualification degree of the licentiate of art shall be awarded to the persons who will have completed the postgraduate art study programme by 1 September 2012. Postgraduate art studies shall be carried out in compliance with the regulations of postgraduate art studies which are approved by the Government. Postgraduate art students may receive scholarships in accordance with the procedure laid down by the Government. The equivalence of postgraduate art studies to the appropriate studies in accordance with the system of the composition of studies, approved by this Law, shall be established by the Government.
6. The provisions of Chapter VIII of this Law concerning the management, use and disposal of the assets of state higher education institutions shall be applied to those state higher education institutions which have been restructured into public establishments and in which the management bodies have been formed (elected), appointed in compliance with the provisions of this Law.
7. The provisions of Chapter IV of this Law regulating the establishment, termination and restructuring of higher education and research institutions, the authorization to deliver studies and/or to carry out activities related thereto shall be applied to the procedures of the establishment, termination and restructuring, the authorization to deliver studies and/or to carry out activities related thereto which started following the entry into force of this Law. If the procedures of the establishment, termination and restructuring of higher education and research institutions, the authorization to deliver studies and/or to carry out activities related thereto started before the entry into force of this Law, such procedures shall be completed pursuant to the then valid laws.
8. The provision of paragraph 4 of Article 65 of this Law which determines that an employment contract of unlimited duration shall be concluded with the persons who win the competition to fill the position of a teacher or a research worker for the second time in succession shall be applied only in the cases when such procedures are carried out only after the entry into force of this Law or when the competition to fill the position of the professor is won by the person who has previously won such a competition twice in the same state higher education institution.
Article 96. Restructuring of state higher education institutions from budgetary establishments into public establishments
1. State higher education institutions shall be restructured from budgetary establishments into public establishments pursuant to the provisions of the Civil Code.
2. The Government shall take a decision regarding the investment in state higher education institutions of the assets belonging to the State by the right of ownership. When state higher education institutions are restructured into public establishments, immovable property may not be invested in such institutions.
3. After the restructuring of a state higher education institution into a public establishment, all the rights and duties which that state higher education institution acquired when it was a budgetary establishment shall be transferred to it.
4. Within twelve months of the entry into force of this Law, state universities shall apply to the Ministry of Education and Science concerning the setting-up of a council of a higher education institution provided for in this Law and shall apprise the Ministry of the members who are being appointed to the said council by the higher education institution.
Article 97. Restructuring of non-state higher education institutions
Non-state higher education institutions established before the entry into force of this Law shall, upon the decision of the founder (member of the legal person), have the right to change the legal form of the non-state higher education institution to that legal form of a private legal person which the founder chooses at his own discretion.
Article 98. Repealing of Legal Acts
Upon the entry into force of this Law, the following laws shall be repealed:
3) the Republic of Lithuania Law Amending Articles 5, 9, 11, 15, 34, 40, 51, 54, 56, 59, and 67 of the Law on Higher Education (Official Gazette, 2001, No. 16-496);
4) the Republic of Lithuania Law Amending Article 2, the Title of Chapter II, Articles 14, 15, 17, 27, 28, 29, 37, 39, 41, 47, 48, 54, 56, 57, 58, 59, 60, 61, 62, 63, 66, and 67, and Repealing Articles 18, 64, 65, and 68 of the Law on Higher Education (Official Gazette, 2002, No. 3-75);
5) the Republic of Lithuania Law Amending the Law on Science and Studies (Official Gazette, 2002, No. 68-2758);
6) the Republic of Lithuania Law Amending Articles 59 and 67 of the Law on Higher Education (Official Gazette, 2002, No. 71-2968);
7) the Republic of Lithuania Law Amending Articles 2, 3, 13, 15, 16, 17, 19, 22, 23, 24, 32, 36, 37, 39, 40, 41, 42, 44, 47, 48, 49, 54, 56, 57, 58, 59, 60, 61, 62, 63, and 67 (Official Gazette, 2003, No. 47-2058);
8) the Republic of Lithuania Law Amending Article 24 of the Law on Science and Studies (Official Gazette, 2004, No. 158-5756);
9) the Republic of Lithuania Law Amending the Law on Higher Education and the Law on Science and Studies (Official Gazette, 2005, No. 85-3136);
10) the Republic of Lithuania Law Amending the Law on Higher Education and the Law on Science and Studies (Official Gazette, 2006, No. 87-3395);
11) the Republic of Lithuania Law Amending Article 11 of the Law on Science and Studies (Official Gazette, 2007, No. 105-4287);
12) the Republic of Lithuania Law Amending Articles 22, 23, 25, 47, 56, 58, 59, 60, and 61 of the Law on Higher Education (Official Gazette, 2008, No. 73-2798);