Republic of  Lithuania

Law No VIII-49

December 19, 1996

Annex

 

REPUBLIC OF LITHUANIA LAW

ON THE BASICS OF NATIONAL SECURITY OF LITHUANIA

 

(Amended as of) October 10, 2000. No. VIII - 1997

 

PREAMBLE

 

The Seimas of the Republic of Lithuania, in establishing the basics of national security of Lithuania, is guided by the following provisions:

- The Lithuanian State, established many centuries ago and resting on the Christian cultural foundation unifying Europe, is an integral part of the community of European nations;

- the Lithuanian Nation has never agreed to any occupation and subjugation, and resisted by all possible means and sought to free itself, and this resolution of the nation is unchangeable;

- the Lithuanian Nation's aspiration has been and continues to be to safeguard its freedom, to guarantee secure and free development on its ethnic land, to foster its national identity, to develop its natural creative power and to contribute to world progress.

- an independent democratic Lithuanian state must ensure a secure existence of the Nation, as well as its distinct and free development, while the security of the state is a necessary condition of its democratic development.

 

PART ONE.                                                                                                          THE BASIC PROVISIONS AND PRINCIPLES OF THE NATIONAL SECURITY POLICY

 

CHAPTER 1

 

THE GOAL OF THE NATIONAL SECURITY POLICY AND ITS BASIC PROVISIONS

 

The goal of the national security policy is,  through the concerted efforts of the                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               state and its citizens, to develop and strengthen democracy, ensure safe existence of the Nation and the State, deter any potential aggressor and defend the sovereignty, the territorial integrity and the constitutional order of the state.

The system of Lithuania's national security is based on the activities of the state institutions and participation of every citizen of Lithuania, on the open and conscious civil society, aware of the dangers and its responsibility, civic minded and prepared to defend the freedom of Lithuania.

The system of Lithuania’s national security and defence shall be developed as part of the common European security and transatlantic defence systems.

Lithuania shall not regard any state as its enemy, shall not threaten any country, and shall seek to maintain cordial relations with all states.

The strengthening of national security shall be the main ultimate objective of the  domestic and foreign policy of Lithuania.

 

CHAPTER 2

 

THE PRINCIPAL ELEMENTS OF THE NATIONAL SECURITY SYSTEM

 

FIRST SECTION

 

THE OBJECTS  OF NATIONAL SECURITY

 

The main objects of national security shall be:

- human and citizen’s rights, fundamental freedoms and personal security;

- the cherished values of the nation, its rights and conditions for a free development;

- state independence;

- constitutional order;

- the integrity of the state's territory; and

- environment and cultural heritage.

 

SECOND SECTION

 

THE  PARTICIPANTS  IN THE ENSURING OF NATIONAL SECURITY

 

The  participants in the ensuring of national security shall be :

- the State, its institutions of national security and defence and other institutions;

- the citizens, their associations and organisations.

 

THIRD SECTION

 

THE MEANS OF ENSURING NATIONAL SECURITY

 

National security shall be ensured by:

a) THE STATE

- conducting domestic and foreign policy aimed at reducing risks and threats;

- exercising efficient control over the State land and maritime borders, and the air space;

-   ensuring preparedness for unconditional defence and total civil resistance in the event of aggression;

- strengthening the national security and defence institutions and perfecting their activities;

- preparing for defence the armed forces and active reserves;

- preparing and implementing long-range national programmes of enhancing national security; and

- integrating into the European Union (EU), Western European Union (WEU), North Atlantic Treaty Organisation (NATO) and seeking full membership in these organisations;

 

B) THE CITIZENS by:

- protecting national values and fostering the resolve to defend Lithuania's freedom;

- preparing for total civil resistance;

- developing activities of public institutions, citizen unions and associations.

National security institutions shall be developed and security strengthening measures arranged in compliance with principles of democratic control.

The national security measures implemented by the governmental institutions shall be financed by the state. To this end state budgetary means and credits, as well as international assistance shall be employed.

 

CHAPTER  3.

 

THE LEGAL BASICS OF  NATIONAL SECURITY

 

The legal basis of ensuring national security of Lithuania shall be the Constitution of the Republic of Lithuania.

The founding constitutional norms directly regulating state security issues shall be:

- Article 1 of the Constitution proclaiming that Lithuania shall be an independent and democratic republic;

- Article 3 of the Constitution stipulating that no one may restrict the sovereignty of the Nation or make claims to the rights belonging to the Nation;

-Article 8 of the Constitution stipulating that the forced seizure of State power or its institutions shall be considered an anti-constitutional action;       

- Article 94 of the Constitution obligating the Government to protect the inviolability of the territory of the Republic of Lithuania and ensure state security and public order; and

- provisions of the Constitutional Act of June 8, 1992, which is a constituent part of the Constitution of the Republic of Lithuania, prohibiting to ever and in any manner to join any new political, military, economic or any other inter-state alliances or commonwealths established on the basis of the former Soviet Union.

The ensuring of national security shall also be based on:

- the United Nations Charter, documents of the Organisation for Security and Co-operation in Europe, international legal acts on the protection of human rights and other legal instruments which have been ratified or joined by the Republic of Lithuania, as well as the universally accepted principles of international law;

- the Non-Proliferation Treaty on Nuclear Weapons;

- conventions banning biological and chemical weapons.

 

CHAPTER 4

 

PRINCIPAL PROVISIONS OF LITHUANIA'S DOMESTIC POLICY TO ENSURE SECURITY

 

SECURITY ENSURING POLICY

 

The decisions to be adopted on the State's domestic policies should be assessed from the point of view of their contribution to the reduction of risks and diminishing of threats to national security.

Domestic policy shall be based on justice and lawfulness, foster civil consciousness, respect for the Constitution and confidence in national institutions. An open civil society must have access to full and reliable information about the developments within the country.

The primary task of the State shall be to ensure efficient control over the State land border with Belarus and the territory of the Kaliningrad District and  the sea borders as well as over Lithuania's air space.

The State authorities must safeguard Lithuania from the undermining activities of the secret services of foreign states, undercover groups and other structures, from acts of subversion and terrorism.

The Government and the law enforcement system must defend its citizens and the State from corruption and organised crime and ensure safety of persons and property.

Immunity protection services must function within the national security and other state institutions, which may protect the institutions and their officers from every type of illegal influence.

 

ECONOMIC POLICY

 

The Seimas shall establish by law the enterprises and facilities (including those that shall be founded) that are of strategic importance to national security. The law shall also establish which of these shall belong to the State by ownership right, and where and under what conditions private national and foreign capital, conforming with the criteria of the European and transatlantic integration, shall be allowed, provided that the controlling decision power is retained by the State.

The Government  shall ensure alternative sources of energy and raw material supplies independent from monopolistic suppliers. Energy supplies may not be placed under the control of the subjects of the supplying countries.

Those foreign investments which conform with the criteria of the European and transatlantic integration, shall receive preferential treatment. In the sector of natural monopolies and in the finance system foreign economic entities shall not be allowed to dominate.

The Bank of Lithuania and the Government, as well as law enforcement institutions shall ensure, within their terms of reference, safety of the economic and banking-finance system from fraud and money and investments of illegal origin.

The Lithuanian railway network shall be gradually reconstructed into the railway network of the European standard gage according to a special state  programme. Lithuania's railway transport system shall be restructured according to the requirements of the international COTIF system.

 

SOCIAL POLICY

 

The state social policy must encourage the formation of a socially self-supporting, unified   and at the same time, stable civil society. The State must pursue a policy of welfare for all citizens, reduce the risks of possible social crises and take measures to prevent a negative effect from being exerted upon the foundations of social cohesion caused by excessive differentiation in wealth and impoverishment of the society.

The State shall take special care of the conditions of the family as the principal and responsible social institution.

 

CULTURAL POLICY

 

It shall be the State's duty to nurture the natural development of national culture, protect it from the destructive influence of the anti-humanistic pseudo-culture, foster the Lithuanian language and safeguard the intellectual potential and the cultural heritage of the Lithuanian Nation and ethnic communities.

Civil consciousness, national self-awareness and tolerance and respect for other nations shall be promoted by the system of education  and culture.

 

ETHNIC POLICY

The right of citizens belonging to the communities of ethnic minorities to foster their language, culture and traditions shall be protected by law. Ethnic communities shall be an integral part of the Lithuanian civil society.

 

 

Chapter 5.

 

PRINCIPAL PROVISIONS OF THE LITHUANIAN FOREIGN POLICY AIMED AT ENSURING SECURITY

 

The foreign policy of Lithuania shall be formulated on the basis of the solidarity and responsibility of political parties represented in the Seimas and on the national interests of Lithuania;

The main goal of the Lithuanian foreign policy shall be to develop Lithuania's integration into the European and transatlantic structures and ensure international security guarantees.

Lithuania shall seek to establish and maintain good neighbourly relations with all countries based on the principle of justice and equality, as well as on universally accepted norms and principles of international law;

The main tasks of the Lithuanian foreign policy shall be:

- to participate actively and in all ways in the European integration: to implement the Europe (Association) Agreement and seek to join the North Atlantic Treaty Organisation (NATO) and the Western European Union (WEU) as soon as possible;

- to seek a balanced co-operation with all the countries of the European Union;

- to integrate directly into the European and transatlantic security and defence systems, and not through intermediate structures;

- to co-operate with the Baltic States and the countries of Central and Northern Europe as regions;

- with the help and initiative of the United States of America and through the co-operation with the neighbouring and Nordic countries join a common European air space control system;

- to strive to demilitarise the Karaliaučius (Kaliningrad) Region and its development, provided that this development does not contradict the interests of Lithuania;

Lithuania greatly cherishes and encourages the assistance by Lithuanians living abroad in strengthening the security and defence capability of Lithuania.

 

Chapter 6..

 

THE LEGAL BASIS OF LITHUANIA'S DEFENCE

 

The defence of Lithuania's sovereignty, territorial integrity and constitutional order and the activities of its defence institutions shall be based on the Constitution, be regulated by laws and other legal acts of Lithuania, as well as international legal documents that Lithuania has ratified or joined. Lithuania envisages to utilise other international legal acts whose principles and norms Lithuania respects.

The basic constitutional norms regulating the State defence matters directly shall be:

- the second part of Article 3 of the Constitution which states that the Nation and each citizen shall have the right to oppose anyone who encroaches by force on the independence, the territorial integrity or the constitutional order of the State of Lithuania;

- Article 139 of the Constitution which proclaims that the defence of the State of Lithuania from a foreign armed attack shall be the right and obligation of every citizen of the Republic of Lithuania, and which also establishes general military service.

 

Chapter 7.

 

THE PRINCIPAL PROVISIONS OF THE DEFENCE POLICY OF LITHUANIA

 

FIRST SECTION

 

PRINCIPLE OF TOTAL AND UNCONDITIONAL DEFENCE

 

The defence of Lithuania shall be total and unconditional.

Total defence means that Lithuania shall be defended with arms by the armed forces, that all the resources of the State shall be employed in the defence effort and that each citizen and the Nation shall offer resistance by all  means possible.

Unconditional defence means that defence of Lithuania shall not be tied to any preconditions and that no one may restrict the right of the Nation and each citizen to resist the aggressor, invader or anyone who encroaches by coercion on the independence, the territorial integrity or the constitutional order of Lithuania. Lithuania shall seek international assistance and simultaneously it shall defend itself independently  without waiting until such assistance is provided.

 

SECOND SECTION

 

GENERAL PROVISIONS FOR THE DEFENCE OF LITHUANIA

 

The defence capability of Lithuania shall be based upon:

- determination and resolve of the Nation to resist any aggressor,

- general military service as established by law,

- preparedness of the armed forces and active reserves,

- preparedness of citizens for total armed and unarmed resistance and civil defence,

- mutual understanding and co-operation between the armed forces and the citizenry,

- the State's emergency reserves.

The armed forces and other structures of national defence of Lithuania shall be built up and trained for defence of the State of Lithuania and interoperability with the NATO Allied Forces.

In peace time the State armed forces shall comprise all the services of the armed forces and its active reserve. Upon the introduction of martial law, or during the armed defence from aggression in war time, the armed forces shall include: the State Border Protection Service, specialised police units, the  Military Academy, the paramilitary units of the Šauliai Union (Riflemen’s Union) and voluntary citizens' (partisan) units of armed resistance.

The basis of Lithuania's defence system shall be the principle of total and unconditional defence. This principle shall be consolidated in laws, other legal acts regulating defence matters, in the plans of preparation for defence of the armed forces and its active reserves, and in other documents. This principle shall also underpin the training and preparation of citizens for defence and resistance.

Lithuania shall seek to deter any potential assailant by the citizens' general preparedness for resistance and the preparedness of the armed forces for unconditional defence in the event of aggression.

Lithuania shall resist an aggressor by all available means: military defence, guerrilla warfare, civil disobedience, non-collaboration and other means.

In the event Lithuania perceives a direct threat against its territorial integrity, political independence or security, based on documents signed with NATO it shall ask for immediate consultations with NATO.

Lithuania shall prepare for defence on the basis of modern science of war and the Nation's experience of a decade-long, post-war partisan struggle effort against the troops and the occupational regime of the Soviet Union.

Lithuania shall base its determination of an act of aggression upon the norms of international law. In the event of aggression or other forms of coercion against the State of Lithuania, the citizens and their associations shall resist anyone who infringes by force on Lithuania's sovereignty, territorial integrity or constitutional order. Each participant of the resistance shall enjoy a combatant's status in conformity with international legal acts.

The defence of the Nation and the State shall be commanded by the State institutions that act freely and legally, and in case they cannot act - this function shall be assumed by the institutions guiding the resistance established or recognised by the Nation.

The units of the armed forces shall be provided with advance plans of action to repel aggression. In the event of aggression the unit commanders of the armed forces, on the basis of these plans and without waiting for a special political decision, shall immediately issue orders to put up armed resistance against the aggressor, defend the State of Lithuania, its freedom and independence and its territorial integrity.

In the event of aggression or other forms of coercion against the State of Lithuania, no State institution or official shall be allowed to make a decision or issue an order forbidding the defence of the sovereignty, the territorial integrity or the constitutional order of Lithuania. Such resolution or order shall be considered null and void, and defiance towards them shall incur no liability.

If, in the event of aggression or other forms of coercion against Lithuania's sovereignty, territorial integrity or constitutional order,  an official is unable to discharge freely his/her defence duties and functions related to defence or forward orders, officials at a subordinate level shall discharge defence functions independently. In such a case, the orders of these officials shall be considered binding, and resistance and combat actions of military units, citizens or their self-activated structures shall be considered legal.

The national defence operational command must ensure that in the event of border provocation, local incursions into the Lithuanian territory or violation of the Lithuanian air space orders were issued immediately to the armed forces and State Border Protection Service to respond adequately and employ diplomatic means.

 

THIRD SECTION

 

MILITARY DEFENCE

 

All of the  armed forces shall be employed in the military defence of the State. They shall be prepared for rapid reaction, efficient mutual interaction and prompt regrouping. Special significance shall be attached to intelligence, information analysis and effectiveness of the operational armed forces command.

The Lithuanian armed forces shall be especially well prepared for defence actions in case of unexpected and sudden invasions of aggressor's paratroops or other mobile forces. The armed forces shall be trained in guerrilla warfare on the territories occupied by the adversary and be ready to continue guerrilla warfare.

From the onset of aggression against Lithuania the armed forces shall defend the State with arms seeking to deplete and destroy the enemy forces; Lithuania shall ask NATO and its members for help in the defence and for other international assistance.

The main task of the armed forces shall be to destroy the enemy and break its determination to fight against Lithuania. The Commander of the armed forces shall determine the concrete strategic tasks of the military units.

 

FOURTH SECTION

 

CIVIL RESISTANCE

 

The power of civil resistance is determined by the will of the Nation and self-determination to fight for its own freedom, by each citizen's resolve, irrespective of age and profession, to resist the assailant or invader by all possible means and to contribute to Lithuania's defence.

The system of citizens' preparedness for civil resistance shall be raised to the national level. Its functioning shall be organised by the Government.

The citizens shall be trained on a regular basis in different means of resistance and civil defence. The State shall provide them with the necessary technical means.

Fostering of patriotism, instruction in the means of resistance and training in the skills of resistance shall be a constituent part of compulsory school education programme.

The State shall support self-activated public organisations, which shall contribute to the preparations for civil resistance and the strengthening of defence capability.

In the event of assault or attempt to violate Lithuania's territorial integrity or its constitutional order, the citizens and their self-activated structures shall undertake actions of civil defence - non-violent resistance, disobedience and non-collaboration with the unlawful administration, as well as armed resistance.

The acts of collaboration and liability thereof shall be laid down by the law.

 

CHAPTER 8.

 

DEMOCRATIC CONTROL OVER THE ARMED FORCES AND OTHER NATIONAL SECURITY INSTITUTIONS

 

All decisions on defence policy and the armed forces shall be made by a democratically elected civilian government. The national defence policy and defence expenditure shall be public knowledge.

The President of the Republic of Lithuania shall make decisions on the deployment of military units in peace time. By his decree the President shall approve the permanent location of military units in peace time and territorial limits for manoeuvring. In peace time, the President of the Republic shall have the right to issue orders on the transfer of military units to other places of deployment.

The civil authority of defence activities shall be comprised of the President of the Republic and the Minister of National Defence. According to the principle of democratic control of civilians, the chain of command in operational leadership of military operations and other defence actions, shall commence with the President of the Republic and the Minister of National Defence, usually transcending to the Chief of The Armed Forces, and in the presence of exceptional circumstances, directly to the Chief of the Ground Forces, chiefs of regular forces, or Chief of the Volunteer Forces. (Amended 4 June 1998)

In the absence of the President of the Republic from the country, the Minister of National Defence shall remain in Lithuania.

The organisation, development, armament needs of and assignations to the armed forces shall be determined by the Seimas democratically elected by citizens. In a procedure established by law, the Seimas shall carry out parliamentary control of the armed forces and other national security institutions. The Government, the national defence minister and The Commander of the armed forces shall be answerable to the Seimas for the management and leadership of the armed forces.

The Government shall adopt decisions on the supplies, the arms procurement and the material basis of the armed forces.

The President of the Republic and the Seimas, in a procedure established by the Constitution, shall adopt decisions on mobilisation, introduction of martial law, the use of the armed forces and the defence against armed aggression.

Only civilians shall be appointed to the posts of the minister of national defence, minister of internal affairs and vice-ministers thereof, and director of the State Security Department.

The Commander of the armed forces shall be subordinate to the minister of national defence.

Service ranks may be awarded to civilian officials of the Ministry of National Defence, Ministry of Internal Affairs and State Security Department as prescribed by law.

 

PART TWO.

 

THE RISKS AND THREATS TO LITHUANIA'S SECURITY AND THE SECURITY ENSURING SYSTEM

 

CHAPTER 9.

 

THE RISKS AND THREATS TO LITHUANIA'S SECURITY

 

In ensuring Lithuania's national security those dangers and risks shall be considered that definitely may emerge under unfavourable circumstances to Lithuania.

 

FIRST SECTION

 

POTENTIAL EXTERNAL RISKS AND DANGERS

 

The specific geopolitical environment, hardly predictable due to existing militarised territories and states of unstable democracy is an important factor of Lithuania's national security.

 

The EXTERNAL RISKS, CHALLENGES AND POTENTIAL CHALLENGES AND POTENTIAL DANGERS CONDITIONED BY THE GEOPOLITICAL  ENVIRONMENT.

 

POLITICAL:

- political pressure and dictate, attempts to establish zones of special interest and ensure special rights, preventing Lithuania from obtaining international security guarantees;

- threats by foreign states to use force under the pretext of defending their interests; and

- attempts to impose upon Lithuania dangerous and discriminatory international agreements.

 

MILITARY:

- military capability in close proximity to Lithuanian borders;

- military transit through Lithuania;

- formation of illegal armed gangs or their invasion into the Lithuanian territory; and

- overt aggression.

 

SPECIFIC:

- spying and subversive activities of foreign secret services, including the establishment and activities of undercover organisations; organising diversions and attempts on life;

- dissemination of subversive information and other activity undermining the civil society and the State by spreading propaganda and disinformation;

- direct or indirect interference into Lithuania's domestic affairs, attempts to influence government institutions, the Lithuanian domestic policy and social processes;

- illegal immigration and transit migration; influx of refugees; and

- incitement of ethnic groups to disloyal behaviour towards the State of Lithuania; attempts by other states to impose on Lithuania the principles of dual citizenship.

 

ECONOMIC:

- economic pressure, blockade or other hostile economic actions;

- dependence of an entire branch of economy on a single country or a group of countries;

- investment of capital with political goals: the take over, through ownership or management control, of energy supply system and enterprises, financial and credit companies, key communication facilities (railway, highway, pipeline, sea ports, airports) that are of strategic importance to national security;

- dependence of the energy supply system on the resources of one or a group of foreign countries, the vulnerability of the functioning of the energy supply system;

- high foreign indebtedness destabilising the State's financial system; indebtedness to countries striving for political influence; and

- destabilising interventions into Lithuania's financial-banking system, and the influence undermining it.

 

INTERNATIONAL CRIMINAL ORGANISATIONS:

- activities of  organised criminal structures, illegal business and smuggling;

- infiltration of terrorists from abroad and their activities in Lithuania;

- smuggling or illegal transit of or trade in weapons, narcotics, radioactive or other highly dangerous materials; and

- production and circulation of counterfeit  money or laundering of money obtained through illegal means.

 

 

SECOND SECTION

 

POTENTIAL INTERNAL RISKS AND DOMESTIC CRISES

 

POLITICAL:

- political instability or crisis of State power posing threat to the constitutional democratic order;

- conspiracy against the constitutional democratic order and violation of the Constitution;

- breach of civil rights and freedoms or their restriction in contravention to the Constitution; and

-  disregard for long-term national goals in the State policy.

 

ECONOMIC:

- rise in unemployment, decline in production volume and decrease of gross national product beyond a critical level;

- structural and technological backwardness of the economy; and

- criminalisation of economy and uncontrolled economic crime rate;

- crises inside the banking-financial system and financial panic;

- destabilisation of national currency, depletion of currency reserves of the Bank of Lithuania below the critical margin;

- internal debt exceeding the State's financial capability.

 

SOCIAL:

- general impoverishment of the population, unemployment;

- excessive differentiation in wealth approaching a critical level and threatening to provoke a social conflict, abnormal differences between ;

- personal insecurity; and

- worsening of the health condition of the members of the society; alcoholism, toxic substance abuse and drug addiction.

 

NATIONAL:

- factors weakening the Nation's immunity and sense of identity;

- negligence toward national values;

- national demographic decline; decrement in intellectual potential; large-scale emigration; and

- spread of antihumanistic, pro-violence pseudo culture.

- instigation of ethnic hatred.

 

CRIMINAL:

- high crime rate;

- corruption, especially within law enforcement and judiciary institutions, arbitrariness of the State and local-government officials; and

- activities of terrorist, coercive and other criminal organisations;

- forging of money, documents and securities.

 

OTHERS:

- accidents, industrial emergencies, fires and natural disasters;

- environmental pollution, especially with carcinogens and mutagens;

- the Ignalina Nuclear Power Plant;

- irrational exploitation of natural resources and environment, its wasteful utilisation; and

- especially dangerous epidemics and epizootic occurrences.

 

 

 

CHAPTER 10.

 

THE MAIN NATIONAL SECURITY ENHANCING MEASURES

 

SECTION 1.

 

THE WHOLE OF MEANS OF ENSURING NATIONAL SECURITY

 

In addition to the foreign, domestic and defence policies defined in Part One of these Basics, the other measures ensuring Lithuanian national security shall be:

- participation in international security consolidating organisations;

- membership in the North Atlantic Treaty Organisation, the Western European Union and the European Union;

- strategic planning of national security and preparation and implementation of long-range State programmes aimed at strengthening national security;

- activities of the institutions ensuring national security;

- legislation regulating the system of ensuring security and defence.

 

SECOND SECTION

 

PARTICIPATION IN INTERNATIONAL ORGANISATIONS

 

Lithuania's security is part of the European security. Lithuania is prepared to make its contribution to the strengthening of international security and assume its share of responsibilities. Lithuania shall participate in the activities of the United Nations (UN), Council of Europe (CE), Organisation for Security and Co-operation and Europe (OSCE), North Atlantic Co-operation Council (NACC), North Atlantic Assembly (NAA) and other international organisations the purpose of which is to ensure peace, enhance security and stability in Europe; Lithuania shall also participate in peace-keeping missions and other activities.

 

 

 

 

 

THIRD SECTION 

 

MEMBERSHIP IN EUROPEAN UNION AND THE TRANSATLANTIC DEFENCE ORGANISATION

 

Lithuania shall seek membership in the European associations and the transatlantic organisation that share common ideals and values.

As an associated member of the European Union, Lithuania shall implement the requirements and integration measures foreseen in the Europe (Association) Agreement, participate in the common security and defence policy-making of the European Union.

Lithuania shall implement the following measures in preparation for full membership in the European Union:

- create an institutional system of co-ordination in integration into the European Union;

- implement the provisions of the Europe (Association) Agreement and the "Pre-   accession Strategy of the Membership in the European Union";

- take part in the structural dialogue with the European Union;

- revise the legislation regulating economic activities and harmonise the provisions thereof with the principles and norms of the law of the European Union.

As an associated partner of the Western European Union, Lithuania shall seek a speedy full-fledged membership in this organisation.

Lithuania has resolved to become a full-fledged member of the transatlantic collective defence organisation - the North Atlantic Treaty Organisation. This resolve was expressed in an official document on the membership in the North Atlantic Treaty Organisation which Lithuania handed to NATO on January 4, 1994. While seeking NATO membership, Lithuania is resolved to take on its share of the common responsibility of this organisation.           

Lithuania shall undertake responsibility for the defence of its sovereignty and territory, shall strengthen and maintain its national defence system matched with the NATO standards and structure.

Through NATO membership Lithuania shall seek to enhance confidence, stability and security in the region and in the whole of Europe.

 

FOURTH SECTION

 

MEASURES  OF INTEGRATION INTO NATO

 

Lithuania's defence system shall be consistently and resolutely integrated into the NATO defence system. Lithuania's integration into NATO and aspiration for membership in the defence organisation that ensures stability and security shall not be hostile against any other country.

Aiming at full-fledged membership of the North Atlantic Treaty Organisation including its integrated military structure, Lithuania shall implement the following measures of active integration:

- co-operate with  NATO in defence planning, prepare its own structures to meet the demands of common defence;

- train and prepare the armed forces according to NATO standards  and reorganise and prepare its defence structures for interoperability  with the NATO structures;    

- prepare troops for the participation in international peace-keeping missions;

- expand bilateral co-operation  in the defence sphere with NATO member states;

- participate in joint NATO exercises and manoeuvres and organise them on the Lithuanian territory; apply the key  facilities of the defence infrastructure for joint exercises;

- build a civil-military air space control system, integrating it into the common European control system;

- standardise, in line with NATO requirements, defence structures, information and communications systems, technical facilities, maps and documentation, legal acts that regulate defence, statutes and terminology;

- participate jointly with NATO and NATO member-states in preparation and implementation of general scientific and technology development programmes and industry co-operation projects);

- create an information protection system as an integral NATO system;

- introduce the obligatory requirement for officers to know at least one NATO official language; and

- prepare military specialists, officers and non-commissioned officers not only in Lithuania but also in military schools and defence organisations in NATO countries, send them to refresher courses; attest them according to NATO requirements, especially insofar as to their ability to interact with NATO military units.

Lithuania shall carry out the individual "Partnership for Peace" programme worked out in conjunction with NATO, viewing its measures as preparation for membership.

 

FIFTH SECTION

 

MEASURES OF INTEGRATION INTO THE WEU

 

Aspiring to become a full fledged member of the WEU as soon as possible, Lithuania shall appoint its representatives to and participate in the activities of the WEU and its institutions:

- the work of the WEU Parliamentary Assembly;

- defence planning;

- rescue and humanitarian relief operations and peace-keeping missions; and

- in the activities and preparations of other WEU developing institutions.

 

CHAPTER 11 .

 

LONG-RANGE NATIONAL PROGRAMMES TO ENHANCE NATIONAL SECURITY

 

The principal State long-range national programmes of enhancement of national security (Amended 4 June 1998) shall be:

- development of the country's defence system and the infrastructure needed for defence;

- preparation and armament of the armed forces and its active reserves;

- development of the state border protection system;

- development of the air space control system and its integration into the common European control system;

- training of military specialists, development of military education and science of war;

- training and preparation of citizens for resistance and civil defence;

- reduction of economic threats and enhancing of economic security, functioning of the country's economy  under emergency conditions;

- functioning of the State government institutions under  emergency conditions;

- amassing and maintenance of national strategic supplies;

- development of a unified system of civil defence and rescue;

-  ensuring environmental safety;       

- ensuring safe exploitation of the Ignalina NPP until its closure and thereafter;

- stability and integration of the energy supply system into the European energy supply systems;

- the reconstruction of railway network according to the European gauge standard and integration into the European transport system;

- rational use and protection of key national resources;

- support for natural population growth;

- combating crime;

- measures against corruption;

 

Other programmes shall be prepared as necessary. The programmes of national security  enhancement, security with the exception of  the parts thereof, which comprise state secrets, shall be submitted to the Seimas by the Government. The Seimas shall adopt a decision with regard to the submitted programmes. Programmes shall be funded from the State Budget or other sources stipulated by laws.  (Amended 4 June 1998)

 

 

 

PART THREE

 

THE NATIONAL SECURITY ENSURING INSTITUTIONS AND THEIR ACTIVITIES

 

CHAPTER 12.

 

THE INSTITUTIONS ENSURING NATIONAL SECURITY

 

THE LEADING INSTITUTIONS:

The State leading institutions which guide the ensuring of national security are the President of the Republic of Lithuania, the Government and the Seimas.

 

EXECUTIVE AND OTHER INSTITUTIONS:

- the State Defence Council,

-  the Ministry of National Defence and subordinated to the minister of national defence, The Commander of the armed forces and the Defence Staff;

- the armed forces;

- The State Border Protection Service;

- the police;

- the State Security Department;

- the Civil Resistance Training Centre;

- the Department of Civil Defence;

- the Weaponry Directorate.

 

CHAPTER 13.

 

THE PRESIDENT OF THE REPUBLIC AS COMMANDER-IN-CHIEF OF THE STATE DEFENCE

 

In the event of an armed attack against the State or when a threat arises to the sovereignty or the territorial integrity of the State, the President of the Republic shall   make an immediate  decision on defence against armed aggression, introduce martial law in the whole country or a part thereof, declare mobilisation and submit these decisions to the Seimas for approval.

According to the Constitution, the President of the Republic is the Commander-in-Chief of the armed forces .

The President of the Republic, upon the approval of the Seimas, shall appoint The Commander of the armed forces .

 

CHAPTER 14.

 

THE ACTIVITIES OF THE GOVERNMENT IN ENSURING NATIONAL SECURITY

 

FIRST SECTION

 

THE MAIN TASKS OF THE GOVERNMENT

 

The Government of Lithuania shall ensure the inviolability of the territory of the Republic of Lithuania, guarantee security and public order. The Government shall co-ordinate the activities of the ministries and other state institutions in implementing these safeguards.

The Government shall direct the implementation of all the national security measures and the preparation of citizens for civil resistance.

The Government shall prepare and present to the Seimas for approval drafts of long-range programmes designed to enhance national security and shall direct their  implementation.

The Lithuanian Government shall be responsible for strategic planning of national security. It shall also be responsible for the activities of the security clearance services in the national security and defence institutions.

The Government shall prepare and implement a special programme of action of ensuring economic security.        

The Government shall be responsible for the creation and functioning for the system of ensuring state information management and  its protection.        

The Government shall ensure that all civilian state institutions and objects of infrastructure of the Lithuanian economy would be prepared for the compulsory tasks of defence and civil defence.

The Government shall submit to the Seimas an annual report about the development of the system of ensuring national security. The report shall contain concrete information (with the exception of those segments of information that are considered a State secret) on: the condition and development of the system ensuring national security; deterrence measures against potential internal and external risks and dangers; the activities of the governmental and State institutions aimed at enhancing security and defence capability, including the implementation of measures of integration into NATO; the progress of the preparation and implementation of national programmes of enhancing security; the preparation and training of citizens for total resistance and civil defence, improvement of the state of readiness of organisations, and assistance to self-activated organisations the activities of which contribute to the preparation for civil resistance.

 

SECOND SECTION .

 

THE  NATIONAL SECURITY GROUP FOR STRATEGIC PLANNING AND CRISIS CONTROL

 

The Government shall form a National Security Group For Strategic Planning. This group shall:

1) co-ordinate the preparation of long-term draft programmes for state security improvement;

2) taking into consideration monitoring data of threat and  risk factors and predictions of possible crisis situations, shall develop and submit to the Government draft proposals on anticipatory patterns and measures that are likely to emerge, identify long-term and new potential dangers, develop preventive measures to reduce  the negative effect               thereof and avoid crises;

3) draft conclusions and proposals for the Government on important issues in   national security enhancing;

The National Security Group for Strategic Planning shall co-operate with the Crisis Control Centre and make use of the information and recommendations provided by it.

 

them and protect against them and to guarantee Lithuania's security, make forecasts of long-term consequences and influence of the decisions taken by the State on national security, prepare conclusions and recommendations to the Government and the State Defence Council.

The Crisis Control Centre formed by the Government shall be the main headquarters for administration on a strategic level of various types of crises control. The principal tasks of the Crisis Control Centre shall be:

1) complex  monitoring of risk factors and threats and forecasting possible crises;

2) co-ordinating activity of state institutions in the crisis prevention area;

3) effective crisis management infrastructure;

4) co-operation within the area of international crisis management.

The State Defence Council shall establish the strategic landmarks of crisis management.

The ministries and other state institutions, including, the Defence Staff, and the Commission on Emergency Situations, shall according to their competence, draft plans and measures of prevention of crisis situations and the management thereof, taking into account the character of the crisis. The Government shall approve control of integral Crisis management and emergency situation control plans and measures.

Groups of experts on monitoring threat and crisis manifestations and crisis forecasting are constantly on duty at the Crisis Control Centre, composed of the aforementioned  and other state institution delegated experts and officers on a joint activity basis. These groups shall:

1) perform a complex analysis of the information collected by state institutions, reflecting the dynamics of threats and risk factors;

2) forecast the threat of incipient crisis and stages of its development;

3) submit conclusions, forecasts recommendations concerning crisis prevention to the President, Seimas, Government, State Defence Council and inform the public.

The President of the Republic, civil and military defence leadership, the Prime Minister, ministers and officers of the civil security system shall implement operational command on a strategic level in overcoming the crisis which has arisen, taking into account its scale and character and according to the established chains in operational command. Officers involved in operational command and commanding structures  (crisis  staffs)  shall use the Crisis Control Centre facilities and its infrastructure in accordance with the needs of the operational command strategic level.      

The National Security Group for Strategic Planning shall also participate in the drafting of long-range State programmes for enhancing national security.

 

THIRD SECTION

 

THE STATE CIVIL RESISTANCE TRAINING CENTRE

 

The State Civil Resistance Training Centre shall be established by the Government. The purpose of the Centre shall be to train and prepare the citizens for individual and organised civil resistance and civilian defence directly and through co-ordination of the activities of other institutions.

 

CHAPTER 15.

 

THE ACTIVITIES OF THE SEIMAS IN ENSURING NATIONAL SECURITY

 

FIRST SECTION

 

LEGISLATION

 

The Seimas shall be responsible for timely adoption of laws and other legal acts  needed for the implementation of the Basics of Ensuring National Security of Lithuania, as well as supplements and amendments of the legislation in force.

The Seimas shall adopt a law establishing the structure of national protection and defence based on concrete goals and functions.

The Seimas shall adopt laws that approve the programmes for national security measures submitted by the Government.

The Seimas shall establish by law the overall annual numbers of the regular armed forces and active reserves. The Seimas, taking into account the defence structure, shall establish by law the numbers of commissioned officers of each rank.

The Seimas shall implement the provisions of these Basics by creating a legal basis for national security and defence and by regulating these spheres by law: the protection of the country in peace time; total defence and resistance to aggressor or invader; Ministry of National Defence; the armed forces; general military service; voluntary national defence service; alternative national defence service; preparation and participation in national defence of State Border Protection Service and police units; mobilisation; unified civil defence and rescue system; preparation of citizens for resistance, including institutional training structure; the State Defence Council; rights, obligations and responsibility of the military; collaboration activities and liability thereof; protection of state secrets, the activities of the State security department: intelligence, counter-intelligence and combat against subversive activities; operational activities; the Weaponry Fund and others.

The Seimas shall adopt laws that approve the disciplinary statutes of the armed forces and the police force, that establish the grounds for arrest and legal procedures.

 

SECOND SECTION

 

DECISIONS ON STATE DEFENCE

 

The Seimas shall declare a state of emergency, introduce martial law, declare mobilisation or demobilisation, pass a decision to use the armed forces when needed to defend the Homeland or implement Lithuania's international obligations.

In the event the President of the Republic adopts immediately the decision on the defence against armed aggression, introduction of martial law and declaration of mobilisation, the Seimas shall either approve or annul such decisions.

 

 

 

THIRD SECTION

 

SUPERVISION OF THE ACTIVITIES OF THE GOVERNMENT

 

The Seimas shall carry out parliamentary control of the Government’s activities in ensuring national security.

The Seimas shall discuss at each of its spring sessions the Government's annual report on the work done in implementing the Basics of Ensuring National Security of Lithuania.

 

CHAPTER 16.

 

THE STATE DEFENCE COUNCIL

 

The State Defence Council shall consider and co-ordinate the key matters of state defence, including the activities of State institutions on the key issues of ensuring state security and defence. It shall consist of the Prime Minister, the Chairperson of the Seimas, the Minister of National Defence and The Commander of the Armed Forces. The State Defence Council shall be headed by the President of the Republic. The State Defence Council shall invite to its meetings the Director of the State Security Department. The composition of the Council, the procedure of its activities and its powers shall be established by law.

 

CHAPTER 17.

 

THE MINISTRY OF NATIONAL DEFENCE

 

FIRST SECTION

 

GENERAL PROVISIONS

 

The Minister of National Defence shall direct the implementation of defence policy, be responsible for the development of the national defence system and its preparation for the defence of the State, manage financial resources allocated for the protection and defence of the country, direct procurement of armament and military hardware for the armed forces, and pursue international co-operation in defence area as well as the policy of personnel and information. The administration of the Ministry of National Defence shall be formed of the civilian officials and military specialists required to discharge the functions of the Ministry. The administration and the Defence Staff, which is subordinate to The Commander of the armed forces, shall jointly discharge the functions of development and management of the national defence system. The joint discharge of functions shall be based on close purposeful co-operation between the administrative structures of the Ministry and the Defence Staff, as well as on non-duplication of activities.

The functions of the Ministry of National Defence and the Defence Staff shall be established and assigned by law and other legal acts on the basis of the principle of integrity of management of the national defence system.

The Minister of National Defence shall supervise and control the preparation of the armed forces. This function of control shall be discharged by the inspector general for national defence, (Amended 4 June 1998) subordinate to the minister.

The intelligence service, subordinate to the Minister of National Defence, and the military-tactical intelligence division within the Defence Staff shall co-ordinate their activities and forward information and analytical reports to both, the minister of national defence and to The Commander of the armed forces.

The Ministry of National Defence shall keep the records and carry out the drafting of conscripts for the primary military service, as well as for the alternative service. To this end the ministry shall form civil territorial drafting commissions. The records shall be kept and the drafting of active reserve servicemen for reserve service shall be carried out by the chiefs-of-staff of the armed forces.

The administration of the Ministry of National Defence shall organise co-operation of the armed forces with the public and civilian institutions.

 

SECOND SECTION

 

. THE COMMANDER OF THE ARMED FORCES AND THE DEFENCE STAFF

 

In peace time The Commander of the armed forces shall be under direct subordination to the Minister of National Defence but not, however, of the vice-ministers of the Ministry of National Defence. (Amended 4 June 1998)

The Commander of the armed forces shall be the highest ranking State military official and  have the right to represent the armed forces of Lithuania on military issues within his jurisdiction.

Upon the recommendation of the Minister of National Defence, the President of the Republic shall appoint a chief of the ground forces. (Amended 4 June 1998) His regular duties, rights and responsibility in peace and war time, as well as those that he is entrusted in the absence of The Commander of the armed forces, shall be established by law.

In peace time, the main task of The Commander of the armed forces shall be to prepare all the services of the regular armed forces, the Volunteer Forces and the active reserve forces for armed defence of the State (Amended 4 June 1998); command the protection of the State territory, control and protection of the territorial waters, economic zone and air space.

The Commander of the armed forces shall be responsible for prior preparation of contingency plans for military units in case of unexpected attack and other urgent circumstances.

In case of armed attack or state of war, The Commander of the Armed Forces shall be appointed by the decree of the President of the Republic as the commander of the combined armed forces of the Republic of Lithuania subordinate to the civilian authority for defence operations. (Amended 4 June 1998)

The Defence Staff shall be the general military Defence Staff of the State. The Defence Staff shall prepare plans for armed defence, co-ordinate the activities of the chiefs-of-staff of different services of the armed forces and the territorial defence headquarters,   and organise operative and combat preparation of the armed forces and procurement (logistics). The structure, functions and responsibility of the Defence Staff shall be established in the legal acts regulating the national defence structure. (Amended 4 June 1998)

The chief-of-staff  shall be appointed by the minister of national defence upon the recommendation of The Commander of the armed forces. The high officials of the Defence Staff shall be appointed by The Commander of the armed forces upon co-ordination with the minister of national defence. The Defence Staff shall combine the activities of chiefs-of-staff of different services of the armed forces. Officers from these chiefs-of-staff shall participate in the work of the Defence Staff  according to the principle of rotation.

 

THIRD SECTION

 

TERRITORIAL COMMAND OF THE DEFENCE

 

The territory of Lithuania shall be divided into three  military regions.

Upon the recommendation of the Commander of the Armed Forces, the Minister of National Defence shall appoint, the commander of the region, who shall form the regional territorial defence headquarters (TDH) and direct its work. The TDH shall prepare detailed territorial defence plans, ensure interoperability of the units of the Volunteer Forces and other units deployed on the territory of the region.

The Ministry of National Defence shall establish centres for military service call-up. These centres shall administer the records of military conscription and mobilisation of personnel  and implement military conscription.

The TDH shall organise the service of soldiers of the active reserve of the armed forces in regional units, discharge commandant's functions and maintain contacts with the local units of the Šauliai Union and the public. (Amended 4 June 1998)

 

CHAPTER 18.

 

THE ARMED FORCES

 

FIRST SECTION

 

GENERAL PROVISIONS

 

The armed forces shall be loyal to the Republic of Lithuania, its Constitution, serve the State and  society, obey the State government democratically elected by the Lithuanian citizens.

The high military command shall be applied the principles of time appointment and rotation.

The armed forces must be prepared by nurturing the personality of the serviceman,  fostering civil consciousness and morale, professional skills and military ethics. Commanders must foster mutual understanding and trust between servicemen and the civilian population.

A serviceman shall be guaranteed freedom of thought, convictions, religion and conscience. Human dignity of each serviceman shall be respected and no serviceman shall be humiliated. The rights of servicemen on duty (including service in the reserve) may be restricted by law to the extent demanded by their service duties and the safeguarding of military obedience. The restrictions may be applied with respect to the expression of opinion, protection of private life, the guarantees for the place of service, freedom of association, the right of group petition, choice of residence and inviolability of dwelling premises.

The armed forces shall have a Military Chaplain's institution. Political party activity shall be banned in the armed forces.

A serviceman or a military unit may not be given orders contrary  to law. No person in the armed forces service may be forced to serve another person or a group of persons, except in official duty capacity.

 

SECOND SECTION

 

THE STRUCTURE AND FUNCTIONS OF THE ARMED FORCES

 

The armed forces shall comprise:

- the regular armed forces;

- the Volunteer Forces ; and

- the active reserve forces.

The regular armed forces shall be formed on the basis of general military service as established by the Constitution, as well as professional military service. The general military service shall consist of the primary service in the regular armed forces and subsequent service in the active reserves and shall be designed to prepare citizens for armed defence of Lithuania. The general military service shall be carried out only in the armed forces. (Amended 4 June 1998)

The duration, periodicity and other conditions of general military service in the regular armed forces and active reserve shall be established by law. The law shall also establish guarantees for the preservation of the place of employment during the general (primary and reserve) military service.

Exemplary service of no less than the duration established by law in the voluntary national defence service of a person subject to conscription or, whose general military service was postponed shall be deemed as a substitute for the primary general military service. The law shall specify cases and procedure whereby voluntary service may be a substitute for general service in the active reserves. The law shall establish the duration and procedure of military training and primary service for students of schools of higher education and special (vocational)  high schools.

The duration of military service shall not be limited in cases of martial law, mobilisation and war.

The reserves shall consist of two stages: service in the active reserves and subsequent attachment to individual mobilisation reserves.

Each conscript of the active reserve shall have a service post assigned to him, in the unit. Upon completing general service in the regular armed forces and active reserves and having reached the age established by law, citizens shall be transferred to individual mobilisation reserves. The individual reserve shall be called up in special cases or in the case of general mobilisation.

 

The regular armed forces shall consist of:

- the Ground Forces the function of which shall be military protection and defence of the territory of the State;

- the Air Force the function of which shall be to control, guard and defend air space, support land-based and sea-borne forces and carry out special operations;

- the Naval Forces, the function of which shall be to control, guard and defend territorial waters and the exclusive economic zone, as well as the coastline and navigation, to execute special tasks like convoys, evacuations and others.

The structure and number of armed forces presented by the Minister of National Defence shall be approved by the Seimas.  

In peace time, the armed forces shall:

- guard the state territory, air space, territorial waters and the exclusive economic zone, and military facilities;

- maintain combat readiness;

- prepare and, having resolved by the Seimas, participate on voluntary basis in peace keeping operations and missions outside the territory of Lithuania; and

- be assigned to assist civilian authorities in the cases envisaged in Section 5 of this Chapter. (Amended 4 June 1998)

 

THIRD SECTION

 

THE NATIONAL DEFENSE VOLUNTEER FORCES (VOLUNTEER FORCES)

 

The National Defence Volunteer Forces (Volunteer Forces) shall be a constituent part of the ground forces. The commander of Volunteer Forces shall be appointed by the Minister of National Defence and upon the recommendation of The Commander of the Armed Forces. The commander of the Volunteer Forces shall be subordinate to The Commander of the armed forces.  Volunteer crack units of the Volunteer Forces shall be formed in each territorial region. Their main purpose shall be to carry out defence tasks in its region.

In peace time, the functions of  the Volunteer Forces shall consist of: military training of volunteers and their units for territorial defence; preparation of volunteer reserves; protection of strategic objects; assistance in the event of calamities. The procedure of voluntary service, the activities and functions of Volunteer Forces shall be established by law.

Volunteer Forces  (Amended 4 June 1998) units shall be trained for defence in close interaction with  other units of the armed forces, and in border regions - with State Border Protection Service units.

 

FOURTH SECTION

 

THE MILITARY ACADEMY

 

The Military Academy shall be an institution for training of officers and improvement of their professional skills, subordinate to the minister of national defence and The Commander of the armed forces. Budget funds for financing of the Academy shall be allocated to the Ministry of National Defence. The general requirements of higher education to the students of the military academy shall be established by the Ministry of Education and Science

The Ministry of National Defence, taking into account the experience of NATO and other European states and the needs of the Lithuanian officers, shall prepare and submit to the Seimas a concept of training of the Lithuanian officer corps and of improvement of their professional skills.

In  the event of  an attack against the State or state of war, the Military Academy shall be transferred to the subordination of The Commander of the armed forces as a constituent part of the armed forces.

 

FIFTH SECTION

 

THE USE OF THE ARMED FORCES IN PEACE TIME

 

The armed forces of Lithuania may be used outside the territory of Lithuania only upon the approval of the Seimas.

In the event of a state of emergency, the armed forces may be assigned to assist the police to prevent or contain anti-constitutional violent actions. The President, on the basis of the Seimas' decision on the use of the armed forces, shall issue an order to dispatch the armed forces to assist the police. When, in cases established by law, the President adopts an urgent decision on the state of emergency and on sending the armed forces to assist the police, such decisions of the President shall be approved by the Seimas.

The President or the minister of national defence may order the use of the armed forces without the approval of the Seimas for rescue operations in cases of accidents or disasters. The armed forces may be assigned by order of the President or the minister of national defence to assist the State Border Protection Service when necessary to reinforce state border protection.

In unexpected and urgent cases, when people's lives or property are endangered by criminals or when urgent assistance is needed in the performance of speedy capture operations of such criminals, a commanding officer in the operational chain  of command may, upon a written request by the Commissar General of the Police Department at the Ministry of Internal Affairs, his deputy, or the chief of the local police commissariat, and with the permission of the civilian  operative authority, dispatch a military to provide the police with one-time support, defined in concrete terms,  for a period not to exceed 24 hours, in accordance with the procedure established by legal acts. Such an operation shall be usually led by an officer designated by the Commissar General of the Ministry of Internal Affairs or his deputy or the chief of the police commissariat. If the need for assistance arises, the duration of assistance rendered to the police, may be extended up to 48 hours. (Amended 4 June 1998)

Such operations shall usually be commanded by an commander assigned by the police. In all cases the use of military force must be minimal. The procedure of rendering assistance by the armed forces to the police shall be established by laws and other legal acts. (Amended 4 June 1998)

 

SIXTH SECTION

 

THE MILITARY LAW ENFORCEMENT SYSTEM

 

In the armed forces law enforcement shall be carried out by specialised subunits of general law enforcement institutions of the Republic of Lithuania. The purpose of the activities of these special subunits and officials shall be to prevent legal offences committed by servicemen, investigate offences committed by servicemen and officers while on military service or related thereof, institute proceedings against the servicemen who had committed these offences. Specialised subunits of military law enforcement and posts shall be established within the institutions of the prosecutor's office and investigation units. The cases of servicemen and officers concerning the violations of law while in military service or related thereof shall be investigated by a specialised court.

The activities of the specialised military law enforcement subunits or officials, instituting proceedings or the particularities of the process during a state of war or defence of the State (war) shall be defined by law.

Military police shall function within the system of the Ministry of National Defence. Its purpose shall be to prevent violations of public law and order as committed by servicemen. In cases of violations of public law and order the military police shall detain the offenders and carry out an inquiry. The functions, rights and obligations of the military police shall be established by laws.

Commanders of the armed forces shall have the right to apply disciplinary punishment for disciplinary violations during the military service. The types of disciplinary punishment, the right of military officials to apply it, the procedure of their application and appeal shall be established  by laws.

 

CHAPTER 19.

 

THE POLICE AND STATE BORDER SECURITY FORCES

 

The main purpose of the police as a part of the national security system shall be: to ensure personal safety of the individual, human rights and freedoms, maintain public order, combat crime and guard state facilities. The functions of the police shall be established by  law.

Police units shall be formed only on the basis of professional service. General military service shall not be fulfilled in the police force.

In Lithuania there shall be no military units in the Ministry of Internal Affairs. The existing interior service units shall be reorganised in the following manner:

- specialised police units which are designed to suppress riots in prisons, combat terrorists and criminal gangs, carry out detention and other police operations; guard important state objects that are on the list approved by the Government, shall remain under the jurisdiction of the Ministry of Internal Affairs;

- paramilitary prison guards shall be transferred to the jurisdiction of the Ministry of Justice;

- servicemen of general military service who are in interior forces and possess combat weaponry shall be transferred to  armed forces units.

The task of protecting the State borders and border-crossing control and blocking  and regulating border incidents shall be assigned to the State Border Protection Service.  This service shall be subordinated to the area of management by the Ministry of Internal Affairs. According to the Defence Staff plans, units of this service  shall be trained for armed defence actions in the event of the State's defence (war).

The State border Protection Services, and if need be, specialised police units shall be assigned to the armed forces the event of a state of emergency or the  defence of the State (war).

 

CHAPTER 20.

 

THE STATE SECURITY DEPARTMENT

 

The State Security Department shall be an institution accountable to the Seimas and the President of the Republic. Its purpose shall be to protect from attempts on the sovereignty, the constitutional order and national interests of the State.

The tasks of the State Security Department shall be: to conduct foreign intelligence and counter-intelligence, to disclose in a timely manner threats to the State security, sovereignty, inviolability and integrity of the territory, the constitutional order, national interests, defence and economic power, prevent these actions and eliminate them in a procedure established by laws.

The State Security Department shall provide the President, the Government and other State institutions with intelligence and counter-intelligence information, conclusions and recommendations. The Department shall also provide the public with the information which does not constitute a State secret.

The activities of the State Security Department shall be regulated by laws

The budget, resources, methods and equipment of the State Security Department shall be considered a State secret.

The Seimas shall exercise parliamentary control over the Department's activities. This control shall be carried out in compliance with the requirements of protection of State secrets and in accordance with  special procedures established by the Seimas.

 

 

CHAPTER 21.

 

INSTITUTIONS OF CIVIL DEFENCE AND RESCUE

 

FIRST SECTION

 

A UNIFIED SYSTEM OF CIVIL DEFENCE AND RESCUE

 

The Seimas shall approve the structure of the unified civil defence and rescue system and its development programme that shall encompass the control of emergency situations and international co-operation. This unified civil defence and rescue system shall be designed to protect the population from calamities in war and peace time, through their own active participation in these activities. This system shall ensure the readiness of all the rescue services and their preventive actions, and in the event of natural disasters, catastrophes and armed conflicts - ensure that the public be warned and kept informed, their lives and property protected, and the necessary immediate assistance and evacuation from dangerous regions carried out.

The structure of the unified system of civil defence and rescue shall be composed of: the Department of Civil Defence, Emergency Control Centre, civil defence services of ministries, other state institutions and local governments; Fire Service, Search and Rescue Service, territorial information services, other territorial public warning, information, rescue, relief and evacuation services.

The main purpose of civil defence services of ministries, other state institutions and local governments shall be to train the population in means of self-defence, warn and inform the population, protect inhabitants and their property, rescue and evacuate in the event of natural disasters, catastrophes or armed conflicts and eliminate the consequences thereof.

The purpose of the fire service shall be to ensure fire safety, extinguish fires and conduct rescue operations, render first medical and technical aid. Local governmental and non-governmental fire rescue organisations shall also be mobilised for these operations.

The purpose of the search and rescue services shall be to search and rescue crews and passengers of aircraft or sea vessels who were struck by a disaster in the Baltic Sea and in the air above the territory of Lithuania. The functions of the service shall be established by law and international obligations of Lithuania concerning international co-operation in search and rescue operations.

To overcome catastrophes and other large-scale disasters, to conduct relief operations and eliminate consequences, not only specialised civil defence and rescue services shall be employed, but also, if needed, the armed forces, specialists from the mobilisation reserve, organisations of ministries, other state institutions and local governments, the resources that are at their disposal, and volunteers of self-activated organisations. The conditions and procedure of employment and participation in these operations shall be established by law.

The detailed structure, subordination, functions, responsibility of all the institutions and services of the unified system of civil defence and rescue, and their interaction with other state institutions and local governments shall be determined by law and other legal acts.

 

SECOND SECTION

 

THE DEPARTMENT OF CIVIL DEFENCE

 

The Department of Civil Defence shall be founded by the Government. The Department shall direct regular activities of the unified system of civil defence and rescue. The subordination, functions, rights and responsibility of the Department in instances of natural disasters, catastrophes, threats or armed defence of the State (war) shall be established by  laws.

 

 

 

THIRD SECTION

 

THE EMERGENCY CONTROL CENTRE

 

The Emergency Control Centre shall function as a permanent institution of the Commission For Emergency Situations, having the status of a Government institution. (Amended 4 June 1998) In cases of large-scale natural disasters, technological accidents or catastrophes it shall organise immediate containment of the disaster, rescue of people and elimination of consequences, and direct these operations. If needed, the Centre shall call in other services and equipment under the jurisdiction of State institutions to assist the services of civil defence and rescue, and co-ordinate their actions. The functions and competence of the Centre shall be established by the Government. The Government shall approve the plans of extreme situation management which shall contain a provision whereby, when necessary, the ministers shall direct rescue and consequence elimination actions.

 

CHAPTER 22.

 

THE WEAPONRY FUND

 

The Weaponry Fund shall be a State institution at the Government, the main task of which shall be to procure weapons, military hardware, ammunition and explosives for the national defence system and state institutions. The Weaponry Fund shall manufacture and repair the armaments, ammunition and explosives required by the armed forces and other state institutions at the state enterprises assigned to its jurisdiction, or commission and supervise, in an established procedure, their manufacture or repairs at other enterprises. The Weaponry Fund shall also discharge the functions of a governmental agency in charge of procuring foreign armament. The activities of the Weaponry Fund shall be regulated by laws.

 

CHAPTER 23.

 

THE ALTERNATIVE NATIONAL DEFENCE SERVICE

 

This service shall be an alternative to general military service as an auxiliary service for those whose religious or pacifist convictions do not allow them to serve bearing arms. The purpose of this service shall be to develop citizens and provide them with an opportunity to contribute, in alternative ways, to national defence and enhancing of national security. This service shall be organised by the Ministry of National Defence for the purposes of national protection, defence and enhancing national security. The duration and procedure of service shall be defined by law.

 

 

 

 

 

CHAPTER 24. 

 

THE ŠAULIAI UNION

 

The Šauliai Union is a voluntary paramilitary organisation, functioning in compliance with its own statutes. It shall be a civilian self-defence institution supported by the State. The participation of the Šauliai Union in national defence activities and its co-operation with the Ministry of National Defence shall be defined by law. The Ministry of National Defence shall appoint a responsible official to handle the Šauliai Union's affairs.

 

THE FINAL PROVISIONS

 

CHAPTER 25

 

THE DEVELOPMENT OF THE NATIONAL SECURITY SYSTEM

 

The Lithuanian national security system shall be developed in a consistent manner in compliance with the basics established by this document. The basics of the national security system shall be used as guidelines and they shall be expanded in laws and other legal acts in restructuring and developing the state national security institutions and improving the activities  thereof.

 

 

 

 

 

Entry Into Force of the Law

 

This Law shall come into effect from November 1, 2000.

 

I promulgate this Law passed by the Seimas of Lithuania.

 

 

PRESIDENT OF THE REPUBLIC                                             VALDAS ADAMKUS