REPUBLIC OF LITHUANIA
LAW ON THE STATE SECURITY DEPARTMENT
20 January 1994 No I-380
(As last amended on 6 October 2008 – No X-1741)
Vilnius
I. GENERAL PROVISIONS
This law shall regulate the purpose and legal grounds for activities and establish tasks and functions, structure, rights and duties, financing, social guarantees of employees as well as ways of the control of activities of the State Security Department of the Republic of Lithuania.
Article 1. State Security Department of the Republic of Lithuania
The State Security Department is of the Republic of Lithuania (hereinafter referred to as the “Security Department”) is a state institution accountable to the Seimas of the Republic of Lithuania and the President of the Republic, the purpose whereof is to protect the sovereignty of the Republic of Lithuania and its constitutional order.
The Security Department shall be a legal entity holding a settlement account in a Lithuanian bank and a seal with the Lithuanian emblem and the following title: “Republic of Lithuania State Security Department”.
Article 2. Principles of Activities of the Security Department
Activities of the Security Department shall be based on the principles of lawfulness, respect for human rights and freedoms, balance between openness and confidentiality, single authority and collegiality as well as accountability to the main government institutions of the Republic of Lithuania.
Article 3. Legal Grounds of Activities of the Security Department
The Security Department shall, in its activities, be based on the Constitution of the Republic of Lithuania, laws of the Republic of Lithuania, this Law, international treaties and agreements, the Statute of the Security Department, other legal acts and regulatory enactments of the Department.
The Statute of the Security Department shall be approved by a law.
Article 4. Openness of Activities of the Security Department
The Security Department shall provide information on the issues of state security to the public, state institutions, and the media.
The information comprising a state secret, a professional or commercial secret as well as the particulars which would restrict constitutional human rights and freedoms shall not be made public, except for the cases specified by the law.
Article 5. Activities of the Security Department and Human Rights and Freedoms
The Security Department shall strictly observe the principle of inviolability of human rights and freedoms. Human rights and freedoms may be restricted only in the cases specified by the law. Upon the request of a person, officers of the Security Department must explain the legal grounds for the restriction of his freedoms and rights.
The Security Department shall guarantee the confidentiality of the sensitive information provided to it.
The persons who have provided assistance to the Security Department and suffered material injury as a result thereof shall be compensated at the expense of the State.
The actions of officers of the Security Department resulting in the violation of human rights and freedoms may be appealed against to heads of the Security Department or to court. The officers of the Security Department who are guilty thereof shall be held liable under law or in accordance with the procedure set forth by the Statute of the Security Department.
Article 6. Official Relations of the Security Department
In carrying out of the tasks assigned to it, the Security Department shall maintain official relations with Republic of Lithuania state institutions and public institutions as well as private undertakings.
The Security Department may maintain official relations with the appropriate institutions of other countries as well as international organisations.
Article 6(1). Right to Obtain Information
The Government of the Republic of Lithuania, ministries as well as other state and municipal institutions and agencies must, upon the request of the Security Department, submit thereto within 5 working days the legal acts which have been adopted, but have not been published in the official gazette Valstybės žinios.
State and municipal institutions, agencies as well as undertakings must grant the Security Department free and unimpeded access to the databases of state registers, cadastres and classifiers. The Security Department may use other databases of state and municipal institutions and agencies, undertakings, other establishments, organisations and natural persons under separate agreements, except where other laws provide otherwise.
II. TASKS AND FUNCTIONS OF THE SECURITY DEPARTMENT
Article 7. Tasks of the Security Department
Tasks of the Security Department shall be timely identification of the acts presenting a treat to state security, its sovereignty, inviolability and integrity of the territory, constitutional order, state interests, defence and economic power, prevention of these acts, elimination of the causes and conditions for commitment thereof and combating them in accordance with the procedure set forth by law.
Article 8. Functions of the Security Department
In carrying out the tasks provided for by this Law, the Security Department, acting in interests of the State of Lithuania, shall:
2) study, analyse and forecast the public political and economic processes related with state security;
4) independently or in conjunction with other authorised state or municipal institutions or agencies, prepare and implement the measures aimed at preventing the acts presenting a threat to the State at energy, main lines of communication, communications as well as other objects of strategic importance to national security;
5) investigate the crimes and other offences assigned to the competence of the Security Department and search for the persons suspected of such offences;
6) investigate the acts of persons which may cause or are causing prejudice to state security, its economic and strategic interests;
8) control the protection of the information of the Republic of Lithuania classified “Top Secret”, “Secret”, “Confidential” within the State as well as in its establishments abroad;
9) independently or in conjunction with other authorised state or municipal institutions or agencies, prepare and implement the measures required for the organisation and ensuring of the security of foreign diplomatic posts in Lithuania and of posts of the Republic of Lithuania abroad;
Article 8(1). Official Warning to a Person
Official warning to a person shall be a written request issued to the person by an officer of the Security Department requesting to observe the Constitution and laws of the Republic of Lithuania, not to restrict the rights and freedoms of other people, not to commit other offences and acquainting with likely legal consequences.
An official warning may be issued where, on the basis of the data obtained in accordance with the established procedure, there are reasonable grounds to believe that the person may commit the offences likely to harm the security interests of the State.
The right to issue an official warning to a person shall be vested in Director General of the Security Department, deputies thereof, heads of the boards and units of the central office or heads of territorial offices.
The official warning referred to in paragraph 1 of this Article shall be given in person by delivering it to a person against his signature. A person warned officially shall have the right to obtain a copy of the official warning.
III. STRUCTURE AND PERSONNEL OF THE SECURITY DEPARTMENT
Article 9. Organisational Principles of the Security Department
The structure of the Security Department shall be formed on the basis of the purpose of the Security Department and the tasks assigned thereto.
Version of paragraph 2 before 1 January 2009:
The system of the Security Department shall be consist of the central office of the Security Department, territorial offices and special mission offices under the Security Department. The structure of the Security Department shall consist of the central office (with structural divisions) as well as territorial offices.
Version of paragraph 2 after 1 January 2009:
The system of the Security Department shall be consist of the central office of the Security Department, territorial offices and special mission offices under the Security Department. The structure of the Security Department shall consist of the central office (with structural divisions) and territorial offices. The structural divisions of the Security Department shall be as follows: directorates, boards, units, subunits, and groups. The number of positions in structural divisions shall be established by the Director General of the Security Department.
Divisions of the Security Department, with the exception of special mission offices, shall be established and wound-up as well as the internal structure thereof shall be determined by Director General of the Security Department.
Article 10. Heads of the Security Department
The head of the Security Department shall be Director General, who shall be appointed for a term of five years and dismissed by the President of the Republic subject to the approval of the Seimas.
Prior to the expiry of his term of office, the Director General of the Security Department may be dismissed on the general grounds for dismissing security officers from service as provided for by the Statute of the State Security Department.
Deputies of the Director General shall be appointed and dismissed by the President of the Republic on the recommendation of the Director General.
A collegium shall be formed at the Security Department. The collegium of the Security Department shall be an advisory institution to the Director General. Its activities shall be regulated by regulations of the collegium of the Security Department, which shall be approved by the Director General of the Security Department, and the main principles of activities shall be specified by the Statute of the Security Department.
Article 11. Territorial Offices of the Security Department
In order to perform the functions of the Security Department, territorial offices of the Security Department shall be established in compliance with the administrative-territorial organisation of the Republic of Lithuania.
Article 12. Special Mission Office under the Security Department
In order to perform specific functions of the Security Department (protection of government communications, protection of special information and others), special mission offices may be established under the Security Department. The Government of the Republic of Lithuania shall establish and wind up these offices and approve the regulations of activities thereof.
A special mission office under the Security Department shall be a public legal person financed from the State budget. A special mission office shall be the administrator of the appropriations allocated to it.
Governmental communications services shall be provided to state and municipal institutions, state establishments and the state enterprises indicated in the Law of the Republic of Lithuania on Enterprises and Facilities of Strategic Importance to National Security and Other Enterprises Important for Ensuring National Security by the special mission office Governmental Communications Centre at the State Security Department. A detailed list of such institutions, establishments, enterprises and the positions whose holders shall be entitled to make use of governmental communications services shall be approved by the Government of the Republic of Lithuania.
Article 13. Status of Employees of the Security Department
Employees of the Security Department shall consist of statutory civil servants (security officers), other career civil servants as well as the persons employed under employment contracts.
Version of paragraph 2 before 1 January 20009:
The persons who work at the Security Department and have been conferred the official ranks of security officers shall be granted the social guarantees of security officers as provided for by this Law, the Statute of the Security Department and other laws.
Version of paragraph 2 after 1 January 2009:
The persons who work at the Security Department and have been conferred the ranks of security officers shall be granted the social guarantees of security officers as provided for by this Law, the Statute of the Security Department and other laws.
Article 14. Repealed on 1 August 2002.
Article 15. Repealed on 1 August 2002.
Article 16. Repealed on 1 August 2002.
Article 17. Oath of an Officer of the Security Department
The persons recruited to serve as officers of the Security Department shall take an oath of allegiance to the State of Lithuania. A person taking the oath shall have the right to choose one of the texts of the oath specified in this Article: The following texts of the oath shall be specified:
1) “With you as witness, I, (name and surname):
swear to faithfully defend the State of Lithuania and its independence,
to observe, in good faith, laws of the Republic of Lithuania and orders of the officers to whom I am subordinate,
to conscientiously perform my duties,
to serve the people of the Republic of Lithuania and the State;
swear to protect all state and official secrets entrusted to me;
swear to act in a manner to always and everywhere protect the good repute of an officer of the Security Department.
So help me God.”;
2) “With you as witness, I, (name and surname):
swear to faithfully defend the State of Lithuania and its independence,
to observe, in good faith, laws of the Republic of Lithuania and orders of the officers to whom I am subordinate,
to conscientiously perform my duties,
to serve the people of the Republic of Lithuania and the State;
swear to protect all state and official secrets entrusted to me;
swear to act in a manner to always and everywhere protect the good repute of an officer of the Security Department.”
Upon taking the oath, a person shall affix his signature to the text of the oath.
Article 18. Legal Position of an Officer of the Security Department
The service of officers of the Security Department shall be regulated by the Statute of the Security Department.
The life, health, honour and dignity as well as rights of an officer of the Security Department shall be protected by laws of the Republic of Lithuania.
No one, with the exception of the institutions and officers directly authorised by law, shall have the right to interfere in his official activities.
In performing official duties, officers of the Security Department shall act in compliance with laws and other regulatory enactments.
Where an officer of the Security Department is given an order or an instruction which is in contradiction with laws, he must act in compliance with the law and notify heads of the Security Department of the unlawful order or instruction. The execution of an unlawful order shall not release the officer from liability.
Every officer of the Security Department shall be personally liable for his actions and consequences thereof.
An officer of the Security Department shall be held liable for infringements of laws in accordance with the procedure set forth by laws of the Republic of Lithuania.
Lawful requests of officers of the Security Department shall be binding on state, public and private establishments as well as organisations, citizens of the Republic of Lithuania, the aliens as well as stateless persons resident in the Republic of Lithuania.
Article 19. Rights of Officers of the Security Department
In order to perform the tasks and functions of the Security Department, officers of the department shall have the right:
1) to carry out the operational investigative activities provided for by the Republic of Lithuania Law on Operational Investigative Activities by exercising the rights granted to entities of operational investigative activities;
2) in conjunction with divisions of the systems of internal affairs and national defence and other authorised state or municipal institutions or agencies, to implement the joint measures ensuring state security;
3) to investigate the crimes and other offences assigned to the competence of the Security Department;
4) to use the detention cells of police commissariats for the detention of the persons suspected of a criminal act assigned to the investigation competence of the Security Department and, where necessary, to guard and convoy them independently or in conjunction with other authorised institutions;
6) upon a written request of the head of the board, unit of the central office or territorial office of the Security Department, to gratuitously obtain from state and municipal institutions, all types of undertakings, establishments and organisations the information recorded by any means and required for investigation. The right to obtain the information comprising state, official, commercial or bank secrets shall be vested only in the officers authorised by Director General of the Security Department upon their written request. Liability for the confidentiality of the information obtained in the said manner shall be assumed by appropriate officers of the Security Department in accordance with the procedure set forth by the law. The damage caused by a compromise of the information comprising a commercial or a bank secret shall be compensated at the expense of the Security Department;
7) to request to appear and/or to interrogate persons as well as to obtain their oral, written clarifications on the issues under investigation by the Security Department;
8) to address specialists and experts of the Republic of Lithuania or foreign states on the issues under investigation by the Security Department and to obtain their conclusions;
9) in urgent cases and in accordance with the procedure set forth by the law, to be granted unimpeded access to the territories, premises and vehicles belonging to legal persons, the persons not holding the status of a legal person as well as natural persons as well as to make use of the vehicles or means of communication of these persons. Upon the request of the owner or user of a vehicle or a means of communication, a certificate of the form set by Director General of the Security Department shall be issued to serve as the basis for compensation by the Security Department of the losses or material damage incurred.
Version of Article 20 before 1 January 2009:
Article 20. Official Ranks of Officers
Officers of the Security Department shall be conferred the following official ranks of security officers:
Version of Article 20 after 1 January 2009:
Article 20. Ranks of Officers
Officers of the Security Department shall be conferred the following ranks of officers (hereinafter referred to as “ranks”):
9) security general.
Ranks shall be conferred to the officers who fulfil statutory duties in the system of the Security Department, also the officers included in the reserve of officers of the Security Department.
The grounds and procedure for conferring and losing the ranks of officers of the Security Department shall be set forth by the Statute of the Security Department.
Article 21. Uniform and Distinctive Insignia of Officers of the Security Department
Officers of the Security Department shall wear a uniform with distinctive insignia of the Security Department. Samples of the uniform and distinctive insignia shall be approved by the Government of the Republic of Lithuania.
Article 22. Training of the Personnel of the Security Department
The personnel of the Security Department shall be trained at general and special institutions of education and science in Lithuania and in the foreign states with long-standing democratic traditions.
Special in-service training courses shall be organised for officers of the Security Department.
Article 23. Qualification Categories and Performance Appraisal of Officers of the Security Department
In order to determine the qualification of officers of the Security Department, qualification categories shall be established.
In order to evaluate the performance results of officers and to assess their suitability for a position, the officers shall be subject to performance appraisal.
The grounds and procedure for conferring qualification categories and for conducting performance appraisal shall be set forth by the Regulations for Conferral of Qualification Categories and the Regulations for Performance Appraisal as approved by Director General of the Security Department.
Article 24. Public Activities of Officers of the Security Department
Officers of the Security Department may participate in the activities of public organisations, societies, clubs and other non-political associations.
Activities of political parties and political organisations in the Security Department shall be prohibited. Officers of the Security Department may not hold membership in and be sponsors of political parties, political organisations as well as public political movements and may not participate in activities thereof.
Officers of the Security Department may not strike or picket.
Article 25. Repealed on 1 August 2002.
IV. RIGHT OF OFFICERS OF THE SECURITY DEPARTMENT TO USE A WEAPON AND SPECIAL MEANS
Article 26. Use of Firearms and Special Means
Officers of the Security Department shall be granted the right to possess, keep and use authorised firearms as well as special means.
The grounds and procedure for using firearms and special means shall be regulated by the Statute of the Security Department.
V. REMUNERATION AND SOCIAL GUARANTEES OF OFFICERS OF THE SECURITY DEPARTMENT
Article 27. Remuneration of Officers of the Security Department
The remuneration of officers of the Security Department shall be determined and the procedure for paying it shall be set forth by the Statute of the Security Department and the Law on Civil Service.
Version of Article 28 before 1 January 2009:
Article 28. Time Served by Officers of the Security Department
The time served by an officer of the Security Department, which shall grant the right to receive the pension of an officer of the Security Department pending the entry into force of the Republic of Lithuania Law on State Pensions of Officers and Servicemen, shall include:
2) the period of employment in the system of the Security Department under the Law on the Employment Contract, provided the position was subsequently attributed to the status of an officer;
service in the systems of the Ministry of the Interior and the Ministry of National Defence of the Republic of Lithuania and the Lithuanian Customs, provided this service was organised on statutory grounds;
4) the period of studies as a full-time student at civil establishments of higher education and as a full-time student at educational establishments of internal affairs, national defence and other educational establishments operating on statutory grounds, provided the persons who had graduated from the said establishments were forthwith appointed to and held the position referred to in this Article;
5) the period of employment in the position of judges, prosecutors, deputies thereof and interrogators;
6) service in the position of officers of security units in the Republic of Lithuania Supreme Council or the Seimas;
Version of Article 28 after 1 January 2009:
Article 28. Length of Service of Officers of the Security Department
The commencement of the length of service of officers of the system of the Security Department shall be the date of recruitment of a security officer to service in the system of the Security Department. The length of service of officers of the system of the Security Department shall include the following periods (including periods until 11 March 1990):
1) the actual duration, from the date of appointment to the position of an officer or acquiring of the status of a serviceman, of service in the systems of internal affairs, national defence, the Security Department, prosecutor’s office, in the Special Investigation Service, the Prisons Department under the Ministry of Justice, agencies and state undertakings subordinate to it, and in the Customs Department;
2) the duration of work in agencies and organisations, if an officer has been assigned to work in them already having been included in the personnel reserve of the Ministry of the Interior, the temporary personnel reserve of professional military service (the personnel reserve of the Ministry of National Defence), the reserve of officers the Special Investigation Service and the reserve of officers of the Security Department;
3) the duration of conviction of a sentenced officer or serviceman, provided that later this person was rehabilitated;
4) the actual duration of service in the armed forces, border guard service, internal affairs and other services of other states in the accordance with the procedure laid down by the Government;
5) the period of employment in the systems of internal affairs, the Security Department, national defence and the prosecutor’s office under the Law on the Employment Contract, provided the position was subsequently attributed to the position of an officer;
6) duration of service or employment in the structural divisions of the Department of National Defence of the Republic of Lithuania from 25 April 1990 until 23 August 1991, in the system of the State Security Department under the Government of the Republic of Lithuania from 26 March 1990 until 23 August 1991 and in the Division of the Protection of the Supreme Council of the Republic of Lithuania from 8 June 1990 until 23 August 1991 – one service or working day shall be included as three days of service;
7) for the officers who commenced service or employment in the national defence system of the Republic of Lithuania as well as for the persons who commenced service or employment in the Division of the Protection of the Supreme Council of the Republic of Lithuania before 31 December 1991, also in the State Security Department under the Government of the Republic of Lithuania from 26 March 1990 until 2 December 1991 and in the National Security Service of the Republic of Lithuania from 2 December 1991 until 31 December 1991 – 80 per cent of the length of service acquired until that time;
8) the duration of studying in establishments of professional training in the field of internal affairs, Republic of Lithuania police (internal affairs) and military schools of higher, special secondary, college education. The duration of studies in the same schools of other states shall be included in the length of service, provided profession qualification has been recognised by a competent authority in accordance with the procedure laid down by legal acts. Half of the time spent studying in other establishments of higher education shall be also included in officers’ length of service, provided the persons who graduated from the said establishments are recruited to service on statutory grounds within three months following graduation extending this time limit by the duration of sickness, maternity, paternity leave, also mandatory military service or participation in military trainings;
9) the duration of officer’s incapacity for work, annual, additional, maternity, paternity, parental, educational and unpaid leave, the duration of forced absence from work due to unlawful dismissal, also the duration of being under the authority of the Personnel Department of the Ministry of the Interior;
10) the duration of service in international missions by assignment of the Government – one day of service shall be included in an officer’s length of service as two days;
12) service in the position of officers of security units in the Republic of Lithuania Supreme Council or the Seimas;
13) the duration of research work at research and educational establishments – before 1 January 1995;
14) the period of studies as a full-time student at civil establishments of higher education, provided the persons who had graduated from the said establishments were recruited, until 1 January 1995, to service on statutory grounds within three months following graduation extending this time limit by the duration of sickness, maternity leave, also mandatory military service or participation in military trainings.
Note. The periods indicated in Article 28 of the Law on the State Security Department coming prior to the entry into force of this Law No X-1741 and lawfully included in the length of service of officers of the system of the Security Department shall not be considered and adjusted anew.
Article 29. Pensions of Officers of the Security Department
The procedure for granting pensions to officers of the Security Department shall be regulated by a separate law on the pensions of officers of appropriate services.
Article 30. Leave of Officers of the Security Department
The officers of the Security Department who have served the time referred to in Article 28 of this Law shall be granted annual leave of the following duration:
Article 31. Compensations Payable to Officers of the Security Department
The family of an officer of the Security Department who has perished in connection with the service shall be paid a lump-sum compensation equal to the amount of remuneration received over a period of ten years (120 months). Burial expenses shall be covered by the State.
An officer of the Security Department who has been injured in connection with the service shall, in accordance with the procedure set forth by the Government, be paid a compensation equal to the amount of remuneration received over a period of one year up to a period of five years (from 12 to 60 months) taking account of the degree to which the officer has been injured.
Officers of the Security Department shall be fully compensated for the material damage which they have suffered in connection with the service.
Article 32. Social Insurance of Officers of the Security Department
Officers of the Security Department shall be insured by the State from the day of their appointment to an appropriate position until dismissal therefrom.
Article 33. Provision of Officers of the Security Department with Apartments
Officers of the Security Department shall be provided with apartments in accordance with the procedure set forth by laws of the Republic of Lithuania.
Officers of certain divisions of the Security Department may be granted official apartments in accordance with the procedure set forth by the Government of the Republic of Lithuania.
Article 34. Other Social Guarantees of Officers of the Security Department
The length of the working week of officers of the Security Department shall be 40 hours. On the instruction of the heads, employees may work in excess of the specified standard number of working hours per week. They shall be additionally paid therefore.
Officers of the Security Department shall be granted the social guarantees provided for under the Law on State Social Insurance; appropriations allocated from the budget to the Security Department shall be used to ensure the guarantees.
VI. FINANCING AND MATERIAL AND TECHNICAL SUPPORT OF THE SECURITY DEPARTMENT
Article 35. Financing of and Assistance to the Security Department
The Security Department shall be financed from the State budget of the Republic of Lithuania.
In order to implement the tasks and functions specified by this Law, the Security Department shall have the right to obtain assistance from institutions and agencies of foreign states as well as from international organisations in accordance with the procedure set forth by the law.
Article 36. Provision of the Security Department with Premises
The Security Department shall be granted official premises, which shall be transferred into its balance sheet. The maintenance, heating and lighting of these premises shall be ensured by municipalities at the expense of the Security Department.
The Security Department may have an official dwelling. This dwelling shall be acquired in accordance with the procedure set forth by the Government of the Republic of Lithuania.
VII. PARLIAMENTARY SCRUTINY OF ACTIVITIES OF THE SECURITY DEPARTMENT