REPUBLIC OF LITHUANIA
ON
RELIGIOUS COMMUNITIES AND ASSOCIATIONS
OF THE REPUBLIC OF LITHUANIA
Article 1. Purpose of the Law
This Law shall establish the legal relations of religious
communities and associations and the State of Lithuania, and
shall implement the human right of freedom of religion
consolidated by the Constitution of the Republic of Lithuania,
other laws and international documents and agreements.
Article 2. Right of Freedom of Religion
Lithuania does not have a state religion.
Every individual within the Republic of Lithuania shall have
the right to choose freely any religion or faith, and to also
change his choice individually or with others, to profess it
privately or publicly, to perform religious rites, to practice
his faith and to provide instruction thereof.
No one may force another person, nor himself be forced to
choose or to profess any faith or religion.
The human freedom to profess or propagate religion or faith
may not be limited by any other means, than by law alone and only
when the security of society, public order, people's health and
morality, as well as of other fundamental rights and freedoms
of individuals must be guaranteed.
Parents and guardians shall not be restricted in providing
for the religious, and moral upbringing of their children and
charges, in accordance with their own convictions.
A crime or failure to implement laws may not be excused by
the religion or
faith practised by an individual.
Believers shall have the right to freely join religious
communities and associations, and also to establish religious
organisations.
Every individual may on the basis of his religious
convictions choose an alternative (labour) service in lieu of
the obligatory military service.
Article 3. Equality among People Regardless of their
Religion
All individuals, regardless of the religion they profess,
their religious convictions or their relationship with religion,
shall be equal before the law. It shall be prohibited to limit
their rights and freedoms directly or indirectly, or to apply
privileges.
An individual's religion shall not be indicated in
documents issued by state institutions and organisations.
Article 4. Religious Communities, Associations and
Centres
A religious community is comprised of a group of
individuals seeking to implement the aims of the same religion.
It may be a local subdivision of a corresponding religious
association.
Religious associations are unions of church and uniform
religious organisations namely, communities striving to implement
the aims of the same religion. An association shall be comprised
of no fewer than two religious communities who are subject to
mutual leadership.
Religious centres are higher governing institutions of
religious associations.
Article 5. Traditional Religious Communities and
Associations of Lithuania
The state recognises nine traditional religious communities
and associations existing in Lithuania, which comprise a part of
the historical, spiritual and social heritage of Lithuania:
Roman Catholic, Greek Catholic, Evangelical Lutheran, Evangelical
Reformed, Russian Orthodox, Old Believer, Judaistic, Sunni Muslim
and Karaite.
Article 6. Recognition of other Religious Associations
Other (non traditional) religious associations may be
granted state recognition as being a part of Lithuania's
historical, spiritual and social heritage, if they are backed by
society and their instruction and rites are not contrary to laws
and morality. State recognition denotes state backing of the
spiritual, cultural and social heritage of religious
associations.
The Seimas of the Republic of Lithuania shall grant state
recognition. Religious associations may request state
recognition following the elapse of a period of no less than
25 years from the date of their initial registration in
Lithuania. If request is denied, it may be resubmitted,
following the elapse of 10 years, from the day request was
denied.
The Seimas shall deliberate the question upon receipt of a
conclusion from the Ministry of Justice.
The initial registration alluded to in part two of this
Article has taken place, provided that the religious association
acted legally (was registered) in Lithuania after February 16,
1918.
Article 7. Basic Principles of State and Religious
Community and Association Relations
Religious communities and associations shall not fulfil
state functions, while the state shall not fulfil the functions
of religious communities and associations.
Religious communities and associations shall have the right
to freely organise in accordance with their hierarchic and
institutional structure, and manage their inner life according to
its canons and statutes, as well as other norms.
All religious communities and associations possessing legal
person rights may obtain state support for culture, education and
charity, in accordance with the procedure established by laws.
Article 8. Freedom to Perform Religious Rites
Religious rites and cult ceremonies shall be freely
performed within cult premises and in their vicinity, in the
homes and flats of citizens, funeral homes, cemeteries and
crematoriums.
Pursuant to request by believers religious rites shall be
performed in hospitals, social care facilities and places of
detention. The time for performing religious rites and cult
ceremonies, and other conditions shall be co-ordinated with
authorities of the aforementioned institutions. The authorities
of these institutions shall provide opportunities for performance
of religious rites.
The authorities of military units, upon request by
believers, shall provide opportunities for performance of
religious rites in accordance with the procedure established by
statutes.
Upon request by students who are believers and their
parents, the rites of traditional and other state recognised
religious communities and associations, which are not contrary
to the secular school concept, may be performed in state
education and training institutions; participation shall be based
upon free choice.
Religious rites may be performed in other public locations,
as well, if those rites are not in violation of public order,
people's health, morals or the rights and freedoms of other
individuals.
Religious communities and associations having the rights of
legal persons may, according to the procedure established by the
local government, have their own denominational cemeteries or
their own territory within common cemeteries. The procedure for
burial in denominational cemeteries or within a cemetery
territory, allotted to a religious denomination, shall be
established by the corresponding community or association.
A complaint regarding refusal to grant permission for, or
interference with the performance of religious rites may be
registered with a higher governing institution or the court.
Article 9. Religious Instruction
Religious instruction may be provided in houses of prayer,
state and other educational and training institutions as well as
other premises and locations.
Religion of traditional and other state-recognised
religious communities and associations may be taught in state
education institutions upon request by parents (guardians, care-
takers).
The state shall recognise religious instruction by
traditional and other state-recognised religious communities and
associations in denominational educational institutions (Sunday
schools of those denominations or other instruction groups), upon
registration of religious education programmes with the Ministry
of Education and Science and presentation therewith, of documents
attesting to teacher qualification, as well as a request by
the spiritual authorities of appropriate religious community or
association.
Students who are wards of the state are provided
religious instruction according to the religion professed by
their family or relatives.
The procedure of religious instruction in state institutions
of education and training is regulated by laws on education.
Article 10. Legalisation of Legal Person Rights of
Traditional Religious Communities and
Associations
Traditional religious communities and associations, having
the rights of a legal person, shall inform the Ministry of
Justice thereof.
Newly-established (re-established) traditional religious
communities and associations shall acquire the rights of a legal
person, pursuant to a report in writing of their
establishment (re-establishment), to the Ministry of Justice by
their authorities, and the continuity of a specific community or
association is established by taking into account its canons,
statutes and also, other norms.
Article 11. Granting of Legal Person Rights to Other
Religious Communities and Associations
Other religious communities and associations shall acquire
the rights of a legal person upon registration of their statutes
or the documents corresponding to them.
Religious communities may be registered, provided they unite
no fewer than 15 members namely, adult citizens of the Republic
of Lithuania.
Religious associations may be registered, provided they
unite no fewer than two religious communities. Registered
religious communities which are part of the structure of
registered religious associations, and centres shall acquire
rights of a legal person, pursuant to their recognition by the
authorities of the association and the Ministry of Justice
being informed thereof, in writing.
In order to effect registration of the statutes or a
corresponding document of a religious community/association, a
written application shall be submitted of the religious
community/association's initiative meeting protocol and
membership list.
The religious community/association statutes or
corresponding documents which shall be submitted must indicate:
5) procedure for closing of religious community/association
and distribution of property remaining following liquidation.
The Ministry of Justice shall register the statutes or a
corresponding document of religious communities/ associations no
later than within a six-month period from the time of their
submittal.
Should the submitted statutes or corresponding documents of
the religious community/association fail to include all of the
indicated data, the Ministry of Justice shall return the
aforementioned document within 15 days of its receipt, to the
community/association and indicate what shortcomings should be
rectified. The period for registering corrected statutes or
corresponding document shall be reckoned anew.
Article 12. Refusal to Register Statutes or
Corresponding Document of Religious
Community/Association
Religious community/association statutes or corresponding
document shall not be registered if:
community/association of the same name, have already been
registered.
Upon refusal to register religious community/association
statutes or corresponding document, the applicants shall be
informed about this in writing, no later than within 5 days
following adoption of the decision, and given specific reasons
for refusal.
Refusal to register the statutes or corresponding document
of religious community/association, may be appealed in court.
Article 13. Property Rights of Religious Communities,
Associations and Centres
Religious communities, associations and centres shall have
the right of ownership to houses of prayer, residential houses
and other buildings and edifices, production, social and charity
objects as well as other types of property, required for the
activities of religious communities and associations.
Religious communities/associations and centres shall
administer, use and sell their property in accordance with the
laws of the Republic of Lithuania.
Article 14. Education, Charity and Mercy - Related
Activities of Religious Communities,
Associations and Centres
Religious communities, associations and centres shall have
the right to establish and have general education schools as well
as other institutions of instruction, education and culture and
also, institutions of instruction and training for preparation
of clergy and religion instructors, in accordance with the
procedure established by laws and other normative acts.
Educational institutions of traditional and other religious
communities, associations and centres having the rights of a
legal person, and schools of such religious communities,
associations and centres, that provide the education prescribed
by the state, shall receive financial and other support from
state and local government budgets, according to procedure
established by laws and other normative acts.
All religious communities, associations and centres may
engage in charity, participate in mercy-related activity and
establish medical institutions as well as charitable institutions
and organisations.
Article 15. Publishing and Economic Activity of
Religious Communities, Associations and
Centres
Religious communities, associations and centres shall have
the right to engage in publishing, production and economic
activity, establishing public information media, charity
foundations and other organisations, in accordance with the
procedure established by laws.
Article 16. Taxation of Religious Communities,
Associations and Centres and of Their
Employees
The income namely, contributions, income resulting from the
sale of property acquired through charitable means, of all
religious communities, associations and centres (higher
governing institutions), shall not be taxable, provided they are
intended for construction, repair or restoration of a house of
prayer, charity, culture and education.
The income received by the clergy of religious communities,
associations and centres, assistants at religious rites and
service staff ( except individuals performing construction,
repair and restoration work), from the funds indicated in the
first part of this Article, shall not be subject to tax of a
natural person.
Religious necessities and literature brought across the
border into the Republic of Lithuania, through the authorisation
of religious communities, associations and centres having the
rights of a legal person, shall not be subject to customs tax.
Enterprises (organisations) established by religious
communities, associations and centres shall be subject to
taxation in accordance with the laws.
Article 17. Legal Regulation of Work of Individuals
Employed by Religious Communities,
Associations and Centres
Religious communities, associations and centres shall have
the right to employ individuals, with whom work contracts are
drawn up in accordance with the procedure established by laws
of the Republic of Lithuania.
Members of clergy may be supported from the religious
community or association funds, in accordance with the procedure
established by such, or may receive their support directly from
believers in return for religious services rendered.
Article 18. Social Security and Social Insurance of
Religious Communities, Associations and
Centres
Rights to social insurance and other rights and guarantees,
established by laws of the Republic of Lithuania, shall apply to
individuals, employed according to labour contract, with
religious communities, associations or centres, their
institutions, enterprises and organisations.
For these purposes, religious communities, associations and
centres shall contribute to the State Social Insurance Fund from
their income, the same amounts as state enterprises,
institutions and organisations.
Members of the clergy and other individuals employed without
labour contracts by religious communities, associations and
centres, may make their own private contributions to the State
Social Insurance Fund according to procedure established by
laws.
Article 19. International Co-operation among Religious
Communities and Associations
Religious communities and associations shall have the right
to establish and maintain international relations and contacts,
participate in international organisations as well as in
activities of their governing bodies, exchange information,
receive religious necessities, literature and charity from
international organisations and private individuals.
Religious communities and associations shall be able to send
their members to other states for training, organise clergy and
pilgrim journeys abroad and to cooperage in other ways with
religious organisations located abroad.
Article 20. Suspension or Cessation of Activity of
Religious Communities, Associations and
Centres
Should a religious community, association or centre fail to
act according to the registered statutes or corresponding
documents thereof or should their activity violate the
Constitution or this Law, the Ministry of Justice shall inform
the religious community, association or centre which is in
violation of laws and indicates the term of time during which
violations must be rectified. Failure to rectify said
violations, shall result in a court appeal by the Ministry of
Justice, for suspension of activity of the religious community,
association or centre.
Activity of a religious community, association or centre man
be suspended for a term not to exceed 6 months. Should violation
cited by the court, fail to be rectified during this term, their
activity may be ceased per court decision.
Activity of a religious community, association or centre may
also be terminated per own decision. Activity of a religious
community or association may be terminated per decision of its
higher governing institution.
Following the termination of activity of a religious
community, association or centre, the remaining property shall be
transferred to the successor in interest, specified in its
statutes or another corresponding document. If the successor in
interest is not specified or does not exist, the property shall
be taken over by the state.
Article 21. Implementation of the Law
This Law shall be implemented in accordance with the
Republic of Lithuania Law on the Procedure for the Implementation
of the Law on Religious Communities and Associations of the
Republic of Lithuania."
I promulgate this Law passed by the Seimas of the Republic
of Lithuania.
Algirdas Brazauskas
President of the Republic
Vilnius
October 4, 1995
No. I - 1057