Official translation
REPUBLIC OF LITHUANIA
LAW ON OPERATIONAL ACTIVITIES
June 20, 2002. No. IX - 965
Vilnius
CHAPTER I
GENERAL PROVISIONS
Article I. The Objectives of the Law
This Law regulates the legal principles of operational activities, and the principles and aims of operational activities, the rights and duties of the entities of operational activities, conducting of operational activities and investigations, participation of persons in operational activities, the use and disclosure of operational information and the supervision, oversight, and funding of said activities.
Article 2. Legal Principles of Operational Activities
The entities of operational activity shall be guided by the Constitution of the Republic of Lithuania, this and other laws, the international agreements of the Republic of Lithuania and other legal acts.
Article 3. Basic Definitions of the Law
1. Operational activities means overt and covert intelligence activities by operational entities conducted in accordance with the procedure established by this Law.
2. Targets of operational activities means crimes being planned, being perpetrated, or already committed, persons engaged in planning or committing crimes or persons who have committed a crime, vigorous actions of these individuals in neutralising operational activities or by infiltrating law enforcement, national defence, or other government and administrative institutions, and activities of foreign intelligence services and other persons and events linked with state security matters.
3. Entities of operational activities means divisions of the Ministry of National Defence, the Ministry of the Interior, the Customs Departments the State Security Department and which are assigned the operational function, and their staff is authorised to fulfil it. The list of said divisions shall be compiled and the Government shall establish the extent of their operational rights. The main institutions of the entities of operational activities are: the Second Department of Operational Services under the Ministry of National Defence, Service of Financial Crimes Investigation under the Ministry of the Interior, the Customs Department under the Ministry of Finance, the Police Department under the Ministry of the Interior, the Special Investigations Service, the VIP Protection Department under the Ministry of the Interior, the Department of State Security, the State Border Protection Service under the Ministry of the Interior.
4. Operational information means the information obtained by the entities of operational activities in the course of operations while solving the tasks of operational activities, and registered in accordance with the procedure established by legal acts.
5. Operational activities mean the use of facilities, methods and mode of conduct simulating a criminal act, or have controlled transportation. The basis of performing operational activities is information concerning the targets of operation. These operations are performed in cases, where it is impossible or difficult to defend personal and public or state interests by any other means.
6. Measures of operational activities mean special equipment and an operational record file used in operational activities.
7. Use of technical equipment in operational activities means installation, maintenance and dismantling of technical equipment and other lawful actions in this regard. Technical equipment may be employed in operational activities according to general and special procedure.
8. Use of technical equipment according to special procedure means the use of court-authorised technical equipment in operational activities while controlling or recording personal conversations and other exchanges or actions, when not one of the participants in the conversation, other exchange or actions, is aware of such control and that is being implemented in accordance with the procedure established by laws, while restricting the inviolability of the private life of an individual. The control of content and recording there of the personal information being transmitted through the telecommunications network, even if one of them is aware of such control, necessitates court approval, with the exception of cases, when an individual requests or agrees to such control and recording without resorting to the services or facilities of telecommunication operators.
9. Use of technical means by general procedure means the use of technical means in operational activities according to the procedure established by the main institutions of the entities of operative activities in the cases which have not been listed in paragraph 8 of this Article, and also in the cases listed in paragraph 8 of this Article, when they are being employed in the premises of the entities of operational activities and in the transport vehicles of the same entities in order to ensure the safety and immunity of the same entities, with the exception of the premises used by enterprises, agencies or organisations, founded in accordance with sub-paragraph 2 of paragraph 3 of Article 7 of this Law and wiretapping of telephone conversations, as well.
10. Operational record file means the system of managing the data obtained during the process of operational activities about individuals, events, and other targets, which is designated to provide information to operational entities.
11. Management of operational record file means any operation conducted with this data: collection, recording, amassing, classifying, grouping, connecting, changing (amending and correcting), supplying, publishing, using, keeping, logging and (or) arithmetical operations, search, dissemination, destruction or any other operation or collection of activities. The operational record file data may be managed by automatic means.
12. Methods of operational activities mean ways of obtaining operational information: intelligence interview, surveillance, verification, covert monitoring, use of agents, and electronic surveillance.
13. Intelligence interview means a method of operational activities, when information is obtained in direct relationship with the person who has the information. Covert intelligence interview means a type of operational inquiry, when the dependence of its conductor upon the entity of the operational inquiry is encoded.
14. Surveillance means a method of operational activity where information is obtained publicly, using encoded means, or covertly observing objects, documents, premises, transport vehicles, places, persons and other targets.
15. Covert monitoring means a method of operational activity, when the information is obtained from conducting a covert intelligence interview and an encoded surveillance.
16. Covert monitoring means a method of operational activity, when the information is obtained covertly, through direct monitoring of the target.
17. Use of agents method means a method of operational activity, when information is obtained from a person on the basis of acquired trust, using secret participants of covert activity.
18. Electronic surveillance means a method of operational activity where information is obtained by means of electronic equipment.
19. Mode of conduct simulating a criminal act - means authorised acts formally exhibiting criminal or other violation of the law characteristics, committed with an aim to defend from criminal threats, the individual rights and freedoms, property, and public and State security, which are protected by the laws.
20. Controlled transportation means authorised acts, in the course of which it is permitted to bring into the territory of the Republic of Lithuania, transport across it, or take out from it illegally carried or suspicious goods and other articles, with the entity of operational activity being in control, while seeking to solve the crimes and the persons who are preparing, implementing or have committed such. Controlled transportation may be implemented only on the basis of international agreements or arrangements.
21. Stakeout means the totality of operational activities striving to stop the persons who are committing or have committed a crime and collect evidence, when one has some information with respect to such persons and the time and place where the crime took place.
22. Covert operation means the totality of operational activities striving to apprehend the persons who are committing a crime or have committed a crime and (or) to collect evidence, that having some information about an attempt to commit a crime or a crime being committed, conditions are arranged that the attempt to carry out the crime or the crime being committed would take place in the pre-set scene and the appointed time.
23. Operational investigation means an organisational tactical form of operational activity, comprised of operational activities, including as well those, which require the authorisation of the court or prosecutor. In implementing an operational investigation, the entities of operational activity may process operational investigation cases.
24. Postal item means postal correspondence sent by post-postal item of advertisement and postal parcels.
25. Postal correspondence means letters sent by post, postcards (plain postcards), printed matter, small parcels, literature for the blind and aerogrammes.
26. Document postal item means any item comprised of information on any kind of medium to be sent placed in an envelope or strong packing furnished with a special mark.
Article 4. The Principles of Operational Activities
Operational activities shall be governed by lawful, principles of ensuring the rights and freedoms of the individual and citizens, protection of the public interest, conspiracy, confidentiality and co-ordination of public and covert measures and methods.
Article 5. Tasks of Operational Activities
The tasks of operational activities shall be as follows:
2) solving of crimes and also, establishing the identity of the individuals who are planning, are engaged in or have already committed criminal activities;
4) search of individuals who are hiding from inquiry, questioning or court action, and also a search of those who are missing without trace;
5) deeds posing a threat to the constitutional order, its independence, economic safety ensuring of the State defence power, or other important interests of national security, prevention and clarification;
6) search for articles, money, securities, and other property related to the committing of the criminal deed;
Article 6. Safeguarding of Individual and Citizens’ Rights in Implementing Operational Activities
1. The individual and citizens’ rights and freedoms may not be violated in the course of
operational activities. Individual restrictions of these rights and freedoms shall be temporary and may be applied only in accordance with the procedure established by laws, striving to defend another individual’s rights and freedoms, property and the security of the State and society.
2. Operational activities shall be implemented regardless of the gender, race, nationality,
language, descent, social position, religion, beliefs or views of the persons.
4. In implementing operational activities, the officers of the entities of operational activities must consider the danger posed by the criminal designs to the individual, society and the State.
5. The entities of operational activities shall be prohibited from provoking persons into committing criminal acts. Provocation shall constitute pressure, active enticement or instigation to engage in criminal activity by restricting a person’s freedom of choice, if a person commits or plots to commit a criminal act, which he did not plan to carry out previously.
6. In such cases, when the rights and freedoms of an individual and citizens have been violated, the entities of operational activities must restore the rights, which have been violated and compensate the damages according to the procedure, established by legal acts.
7. The classified information obtained in the course of operational activities, as well as that with respect to a person’s personal and family life and information demeaning his honour and dignity, with the exception of transfer in the presence of the entities of operational activities and the cases stipulated in Article 17 of this Law.
8. Following the completion of the operational investigation and if the operational information with respect to the target of the operational activities did not prove to be true, the information collected over a three-month period about the private life of the person must be destroyed. The officer who authorised these activities must be informed of this one month prior to the destruction of the information collected through authorised activities.
Article 7. Rights of Entities of Operational Activities
1. The entities of operational activities shall have the right:
7) to secretly obtain a person’s fingerprints, voice, odour and other samples in order to establish the identity of a person;
9) according to the cover story to use process documents, required in applying the use of agent method to detained or arrested persons;
10) with the person’s consent to subject him to a polygraph test in accordance with the procedure established by laws;
11) according to the procedure established by laws to oblige the person who is undergoing an operational investigation, and (or) his children, spouse, parents, grandparents, grandchildren, brothers, sisters and (or) other persons linked with him to substantiate the legality of property and income acquisition.
2. The main institutions of the entities of operational activities may determine the procedure of implementation of these rights.
3. By the procedure established by the Government or the institutions authorised by it, the entities of operational activities shall have the right:
2) to set up enterprises, agencies and organisations which ensure operational activities and provide favourable conditions for them and make use of them;
3) upon obtaining the consent of an enterprise, agency or organisation to produce and use for operational activity registration marks and logos, documents, document blanks, and required items thereof, and registration numbers of motor vehicles of enterprises, agencies and organisations;
4) to produce and use for operational activities personal identification documents, document blanks and specifications thereof;
5) to use special chemical substances, which do not endanger human health or life, intended for marking various targets with specific marks, which allow to identify them among the totality of the same objects;
6) to obtain from enterprises, agencies and organisations the information required for operational activities;
4.The entities of operational activities, under the presence of the grounds of operational investigation stipulated in Article 9 of this Law, and having obtained the authorised set forth in Articles 10, 11, 12 or 13 of this Law, shall have the right to:
3) covertly enter living and non-living quarters and transport vehicles and inspect them, temporarily remove and inspect documents, remove some samples of substances, raw materials and production as well as other articles for tests, without releasing information about the removal thereof,
Article 8. The Duties of Operational Entities
1. The operational entities must:
1) ensure that all of the information obtained in the course of operational activities would be used according to its designation and adhering to the laws;
2. In performing operational co-operation must provide support to one another within the scope of their competence, opportunities and expediency and exchange operational information.
Article 9. Principles of Operational Investigation
An operational investigation shall be conducted, when:
1) information is held with respect to a serious crime being planned, being committed or having been committed, which have been stipulated in paragraph 3 of Article 721 of the Criminal Code, paragraph 2 of Article 73, Articles 731, 74, 89 and 110, paragraph 2 of Article 112, Article 127, paragraph 2 of Article 131, Article 2031, paragraph 2 of Article 207, paragraph 2 of Article 214, Articles 2272, 2342,paragraph 2 of Article 2343, paragraphs 3 and 4 of Article 239, paragraph 1 of Article 241, paragraph 2 of Article 242, paragraph 2 of Article 243, paragraph 2 of Article 271, paragraph 2 of Article 281, Article 284, 285, 287,and 296, paragraph 2 of Article 300, paragraph 2 of Article 309, or with respect to a person preparing, committing or having already committed a crime;
Article 10. Covert Monitoring of Postal Parcels, Document Parcels, Money Orders and Documents thereof and Telegraph and Other Communications, Mail, and the Use of Technical Means According to Special Procedure.
The covert monitoring of postal parcels, document parcels, money orders and documents thereof and telegraph and other communications and the use of technical equipment in accordance with special procedure shall be authorised by the chairmen of the county courts or the chairmen of the Criminal Case divisions of these courts, according to reasoned recommendations by the Prosecutor General or his authorised Assistant Prosecutor General, or the reasoned recommendations by the chief prosecutors of the county prosecutor’s office or their authorised assistant chief county prosecutors, prepared according to the data submitted by the chiefs of the entities of operational activities or their authorised deputy chiefs.
2. In the cases which require immediate attention, when human life, health, property are endangered, it shall be permitted to perform the actions indicated in paragraph 1 of this Article, based upon a decision by prosecutors as stipulated in paragraph 1 of this Article. In this case, a prosecutor having adopted a decision shall submit, within 24 hours, a recommendation before a judge indicated in paragraph 1 of this Article, for the approval of the lawfulness or reasonableness of the acts. If the term expires on a Sunday or a holiday, the recommendation shall be submitted on the day following the Sunday or holiday. Should the judge fail to approve the reasonableness of the actions, they shall be terminated, and the information obtained in the course thereof, shall be destroyed immediately.
3. The implementation of actions recommended for aims of conspiracy concerning the actions indicated in paragraph one of this Article, may be authorised by any county court.
4. The request shall indicate:
2) description of the target or the name and surname of the person with respect to whom operations shall be conducted;
3) facts (grounds) warranting a request to employ the methods and facilities of operational activities;
4) listing of the means of communication in which special equipment will be installed (when monitoring of the information relayed through the means of communication is desired);
5) the postal items, document items, money orders and documents thereof slated for monitoring (when the monitoring thereof is desired);
5. The covert monitoring of postal items, document items, money orders and the use of technical equipment according to special procedure shall be authorised for no longer than a 3-month period. This period may be extended.
6. The extension of the time period stipulated in paragraph 5 of this Article shall be authorised according to the same procedure as the application of those activities. The number of extensions shall not be limited, however in each case, it shall not be possible to extend for a longer period than it is stipulated in paragraph 5 of this Article.
7. Having authorised the request for covert monitoring with respect to postal items, document items, money orders and documents thereof, use of technical equipment through special procedure, or for an extension of these activities, the chief of the operational entity or his designated representative shall immediately send one copy of the request to the prosecutor general or his designated deputy prosecutor general.
8. Should the prosecutor refuse to submit a request for the activities, established in paragraph 1 of this Article, the chief of the operational entity or a deputy chief designated by him, shall have the right to request a higher prosecutor of those indicated in paragraph 1 of this Article, who has the powers to submit requests to authorise these activities. The refusal by a prosecutor must be substantiated in writing. The prosecutor general who has made a decision not to authorise the aforementioned activities, or the deputy prosecutor general designated by him, must inform the chief of the court about his refusal. The decision of the higher prosecutor shall be final.
9. Should the chief of the county court Criminal Affairs Section refuse to authorise the activities stipulated in paragraph 1 of this Article, the prosecutor who is submitting a request may appeal the decision to the chief of the county court. The decision of the chief of the county court shall be final.
10. Upon the authorisation by the court, and in cases, which can not be put off, upon a decision being made by the prosecutor stipulated in paragraph 1 of this Article, an institution designated by the Government shall inform the telecommunications operator concerning the use of equipment in his network by special procedure, indicating the number of the authorisation (or decision) and the duration of the application of operational activities. The operator of the telecommunications must create and opportunity to implement the monitoring of the information transmitted by telecommunications equipment.
11. Having used technical equipment by special procedure in the telecommunications operator’s network, the institution designated by the Government shall submit a copy of the data medium to the prosecutor who had prepared the request or in accordance with the procedure established in paragraph 2 of this Article had adopted the decision, which contains a record of the technical commands, which had been transmitted to the operator’s network to begin or to terminate the use of technical equipment according to special procedure (including the number of the client who was being monitored).
Article 11. Covert Entering of Residential and Non-residential Premises, Transport Vehicles And Search thereof, Temporary Seizure of Documents, Seizure of Materials, Raw Materials and Production Samples and other Articles for Investigation Without Disclosing their Seizure
1. The chiefs of county courts or the chiefs of the criminal cases departments of
these courts shall authorise covert entering of residential and non-residential premises and transport vehicles and also, search thereof, temporary seizure of documents and inspection thereof, materials, raw materials and production samples as well as other articles for investigation without disclosing their seizure, according to the reasoned requests of the prosecutor general or their designated deputy prosecutors general, drafted in accordance with the data submitted by the chiefs of operational entities or their designated deputy chiefs.
2. In the cases requiring immediate attention, when human life, health, property, public or State security, are being endangered, it shall be permitted to carry out the activities indicated in paragraph 1 of this Article, based upon the decision of the prosecutors named in paragraph 1 of this Article. In this case the prosecutor who adopted this decision must within 24 hours, submit to the judge indicated in paragraph 1 of this Article, a request to approve the legality or validity of the acts. If the term expires on a Sunday or a holiday, the request shall be submitted on the day following the Sunday or holiday. Should the judge fail to have approved the legality and the validity of the aforementioned activities, they shall be terminated, and the information obtained in the course thereof, shall be immediately destroyed.
3. A request to perform the operational activities indicated in paragraph 1 of this Article for conspiracy reasons may be authorised by any county court.
4. The request shall indicate:
2) a description of the residential and non-residential premises, transport vehicles, which have been covertly inspected, documents, materials, raw materials, production samples and other articles;
5. Covert entering of residential and non-residential premises, transport vehicles, inspection thereof, temporary removal of documents, materials, raw materials, production samples and other articles, shall be authorised for no longer than 3 months time. This period may be extended.
6. The extension of the activities noted in paragraph 5 of this Article shall be authorised according to the same procedure as the initiating of these activities. The number of extensions shall be unlimited, however in each instance, an extension may be put into effect for no longer than the period specified in paragraph 5 of this Article.
7. Following the authorisation to enter residential and non-residential premises, transport vehicles and their inspections, temporary removal and inspection of documents, and removal of materials, raw materials and production samples and other articles for inspection without revealing any information concerning their removal or the extension of these activities, the chief of the operational entity or a deputy chief designated by him shall immediately send one copy of the request to the prosecutor general or deputy prosecutor general designated by him.
8. Should the prosecutor refuse to submit a request with respect to the authorisation of activities cited in paragraph 1 of this Article, the chief of the operational entity or a deputy chief designated by him shall have the right to appeal to a higher prosecutor of those indicated in paragraph 1 of this Article, who has the authority to submit requests authorising these activities. The reasoned refusal by the prosecutor must be submitted in writing. The prosecutor who has adopted a decision with respect to refusal to submit a request authorising the indicated activities shall immediately inform the prosecutor general or the deputy general Prosecutor designated by him. The decision of the higher prosecutor shall be final.
9. Should the chief of the county court criminal cases department refuse to authorise the activities stipulated in paragraph 1 of this Article, the prosecutor who is submitting a request may appeal the decision to the chairman of the county court. The decision of the chief of the county court shall be final.
Article 12. Mode of Conduct Simulating a Criminal Act
1. The prosecutor general or a deputy prosecutor general designated by him or the chief prosecutors of county prosecutor’s offices or the deputy chief prosecutors designated by them shall authorise the mode of conduct simulating a criminal act according to the reasoned written request by the chief of an operational entity or his designated deputy chief.
2. The request shall indicate:
3) information about the persons to whom the model of simulating of a criminal act shall be applied (when such information is available);
4) the limits of concrete actions performed in the course of application of the mode of conduct simulating a criminal act, in accordance with the criminal act characteristics specified in the Criminal Code and the Code of Administrative Violations;
3. the mode of conduct simulating a criminal act prepared by the chief of an operational entity, shall be authorised for no longer than 6 months. This period may be extended.
4. An extension of the mode of simulating a criminal act, stipulated in paragraph 3 of this Article shall be authorised in accordance with the same procedure as the assignment of the mode of simulating a criminal act. The number of extensions shall be unlimited, however in each instance, it may not be extended for a period beyond that stipulated in paragraph 3.
5. Following the authorisation of a mode of simulating a criminal act or an extension thereof, the chief of an operational entity or a deputy chief designated by him, shall immediately send one copy of the request to the prosecutor general or deputy prosecutor general designated by him.
6. Should the prosecutor refuse to authorise the actions stipulated in paragraph 1 of this Article, the chief of the operational entity or the deputy chief designated by him shall have the right to contact a higher prosecutor of those indicated in paragraph 1 of this Article, who have the powers to authorise these acts. The prosecutor should provide a reasoned written reply. The prosecutor who has adopted a decision to refuse to authorise the indicated acts shall inform the prosecutor general or deputy prosecutor general designated by him, of his refusal. The decision of the higher prosecutor shall be final.
7. It shall be prohibited to act according to the modes of simulating a criminal act, which pose an immediate danger to human life and health or may give rise to other serious consequences. The person who prior to initiating acts according to the mode of simulating a criminal act, shall be acquainted against his signature with the established limits for the mode of activity in accordance with the procedure of the main institutions of operational entities.
Article 13. Controlled Transportation
1. The prosecutor general or his designated deputy prosecutor general or the county chief prosecutors or county deputy chief prosecutors designated by them, shall authorise controlled transportation according to the reasoned request of the chief of an operational entity or his designated deputy chief.
2. The request shall indicate:
3) the information concerning a natural or legal person (persons), who is suspected of transporting controlled articles;
3. having authorised controlled transportation, the chief of an operational entity or the chief deputy designated by him shall immediately send one copy of the request to the prosecutor general or deputy prosecutor general designated by him.
4. Should the prosecutor refuse to authorise the activities stipulated in paragraph 1 of this Article, the chief of an operational entity or the deputy chief authorised by him shall have the right to appeal regarding the authorising of the request, to a higher prosecutor of those indicated in paragraph 1 of this Article as having the authority to authorise such activities. The reasoned refusal by a prosecutor must be in writing. The prosecutor who has adopted a decision to refuse authorisation of the indicated activities shall inform the prosecutor general or the deputy prosecutor general of his refusal. The decision of the higher prosecutor shall be final.
Article 14. Assistance in Operational Activities by Natural Persons
Article 15. Covert Participants in Operational Activities
1. Covert participants in operational activities are the staff personnel of operational entities whose affiliation with an entity of operational activities shall be classified, and adult persons who covertly co-operate with entities of operational activities, with whom the employees of the entities of operational activities have formed a classified agreement (verbally or in writing) with respect to secret co-operation. The employees of an entity of operational activities shall not be able to form such an agreement with the persons who must maintain the seal of confession. The main institutions of entities of operational activities shall establish the characteristics of the agreements.
2. Staff members of the entities of operational activities, whose dependence on the entity of operational activities is classified may, while performing the tasks of the entities of operational activities, be employed according to a cover story in enterprises, agencies or organisations and receive pay or other funds in connection with the performance of their classified activities. The restrictions concerning work in other enterprises, agencies or organisations defined in the Law on Public Service and other laws and statutes shall not apply to them.
3. The State shall protect the covert participants in operational activities. The documents, which comprise the identity of the participants in covert activities and detailed information about the quantitative and personal makeup, shall comprise a State secret. In the event of danger arising to the life, health and property of the participants in operational activities or the members of their families, the entities of operational activities guided by the laws and other legal acts shall employ the necessary measures in order to ensure the security of these individuals.
4. The entity of operational activities, with which a natural person had formed such an agreement, or the main institution of this entity shall examine the appeals concerning the agreements formed by the entities of operational activity with respect to covert co-operation with natural persons. The appeal must be examined within thirty days from the receipt thereof.
Article 16. Drafting of Process Documents Used According to Cove, Necessary in Applying the Use of Agents Method to Arrested Persons
1.The process documents which are used according to cover, which require court authorisation and which are necessary in applying the use of agents method to arrested persons, shall be authorised by the chiefs of county courts or the deputy chiefs designated by them in accordance with the reasoned requests, co-ordinated with the chief prosecutors of county prosecutors’ offices or the deputy chief prosecutors.
USE OF CLASSIFIED OPERATIONAL AND OTHER CLASSIFIED INFORMATION IN NON-OPERATIONAL ACTIVITIES AND LIABILITY FOR VIOLATIONS OF THIS LAW
Article 17. The Use of Classified Information and Other Classified Information in Non-operational Activities and Disclosure of Such Information
1. Classified operational information may be declassified according to the procedure established by laws and used as evidence in a criminal case. Should such information be used in a criminal case as evidence, the file must contain a document attesting to the fact that the operational activities have been implemented according to the procedure established by this Law.
2. Classified operational information may be used for other purposes in cases determined by the laws.
3. The Government shall establish the procedure with respect to furnishing classified operational information to State institutions and officers.
4. The information related to the data establishing the identity of covert participants in operational activities, co-operation or work of covert participants in the system of the entities of operational activities, and also other classified information may be divulged and used in a criminal case and in other instances established by the laws only according to the procedure established by the Law on State and Professional Secrets.
Article 18. Liability for Violation of Requirements of this Law
1. The persons who have violated the requirements of this Law shall be liable in accordance with the procedure established by the laws.
Article 19. Funding of Operational Activities
1. According to the procedure established by the Government or an institution authorised by it operational activities shall be funded from the State Budget according to the estimates of the State institutions and from other sources. The principles and procedure of expenses to cover operational activities shall be established by the main institutions of the entities of operational activities.
2. The funds obtained in the course of operational activities shall be included in the accounting report as non-budgetary funds and may be used to fund these activities in accordance with the procedure established by the Government or an institution designated by it.
3. The State Controller General or on his recommendation, officers of the State Control Office especially designated for this as well as the officers authorised by internal audit services of the entities of operational activities, shall administer the use of funds by the entities of operational activities.
Article 20. Internal Control
1. The internal control of operational activities shall be organised by the chiefs of the entities of operational activities and by the heads of the main institutions of the entities of operational activities.
2.The covert participants of operational activities as well as the information concerning them, files of operational investigations and tactics of operational activities shall be the objects of internal control of the entities of operational activities.
Article 21. Co-ordination of Operational Activities and Oversight of Legality
The prosecutor general and the deputy prosecutor general designated by him, chief county prosecutors and the chief deputy county prosecutors designated by them shall co-ordinate and oversee the operational activities of the entities of operational activities and the legality thereof in drafting reasoned requests, stipulated in Articles 10 and 11 of this Law in authorising or refusing to authorise the activities, stipulated in Articles 12 and 13 of this Law, and in obtaining information concerning the activities, stipulated in Articles 10, 11, 12, and 13, the progress of implementation and results and examining the appeals by natural persons with respect to the actions of the entities of operational activities.
Article 22. Government Oversight
1. The Government shall implement oversight of operational activities in accordance with the scope of competence established by the Constitution and laws of the Republic of Lithuania.
2.The Government shall co-ordinate the activities of the entities of operational activities and the main institutions thereof, striving to ensure their co-operation and to pool their efforts in accordance with the scope of their competence in effectively solving urgent problems involving criminal activities and State security.
Article 23. Parliamentary Oversight
1. According to a Seimas decision, a Parliamentary Oversight Commission of Operational Activities (hereinafter- Commission) shall be formed in accordance with the Statute of the Seimas and maintaining the principle of proportional representation of the Seimas parliamentary groups and members of the Committees of the Seimas on National Security and Defense, Legal Affairs, Human Rights and Budget and Finance, who hold permits to be acquainted with the information comprising a State Secret. This Commission shall be permanent.
2. Tasks of the Commission:
1) to control the protection of constitutional rights and freedoms while implementing operational activities;
2) to oversee whether the actions of the entities of operational activities conform to the Constitution and the laws of the Republic of Lithuania, to analyse the effectiveness and rationality of the use of financial resources by the entities of operational activities;
3) to submit proposals to the Seimas, Government and other institutions with respect to the adoption and improvement of the legal acts regulating operational activities;
4) to analyse the status of the legal standard acts which regulate operational activities, and also whether these acts conform to the requirements of the laws;
2. Commission rights:
1) to listen to information and reports from the entities of operational activities, their main institutions, ministries and other State institutions, on how the Law on Operational Activities is being implemented;
2) in its work to enlist the help of professional experts, who hold licenses to acquaint themselves with the intelligence, which comprises a State secret;
3) to require obtaining from the State and municipal institutions and organisations documents of the entities of operational activities, explanations and other information, necessary to implement the necessary control;
4. Obligations of the Commission members and persons whose help they have enlisted:
1) to maintain the secrecy of the data or intelligence, which they have learned in the course of the investigation, if such data or intelligence comprise State, official, commercial or other secrets which are protected by the laws;
2) to avoid conflict of interest and not to make use of the data or intelligence, obtained in the performance of these duties, for personal or other persons’ gain;
5. The Commission may adopt the following decisions:
1) bring to the attention of officers and other public servants the failure to observe the laws and other violations and require eliminating the shortcomings, which have been noted;
2) to hand over the investigation material to the institutions of law protection, and to also ask that an official inspection be conducted and the question of liability be resolved, to propose assigning of official penalties to officers who are performing their duties unsuitably or to interrupt the activity thereof, until such time as a decision is reached with respect to the results of the investigation.
6.The Commission shall be prohibited from becoming familiar with the documents, which establish the identity of the covert participants and detailed information concerning the quantitative and personal makeup of these participants, cases of operational investigation and tactics of the implementation of operational activities.
Article 24. Entry into Force of Paragraph 11 of Article 10
Paragraph 11 of Article 10 of this Law shall enter into force from September 1, 2003.
Article 25. Application of the Law
The provisions of this Law, which define the procedure of authorisation of operational activities, shall not apply to authorised operational activities, prior to entry into force of this Law.
Article 26. Proposals to the Government
1.To propose to the Government to review by October 1, 2002 the laws currently in force and other legal acts linked with the provisions of this Law and when necessary, adopt appropriate amendments thereof or draft new legal act drafts.
Article 27. Repealed Laws
Upon the entry into force of this Law, the following shall be repealed:
2) The Law on the Amendment to Articles 3, 5, 16 of the Law of the Republic of Lithuania on Operational Activities (Gaz., 1999, No. 50-1604);
3) The Law on the Amendment to Article 4 of the Law of the Republic of Lithuania on Operational Activities (Gaz., 2000, No. 28-762);
4) The Law on the Amendment to Articles 3, 5, 16 of the Law of the Republic of Lithuania on Operational Activities (Gaz., 2000, No. 41-1168);