REPUBLIC OF LITHUANIA
LAW
ON THE ORGANISATION OF THE NATIONAL DEFENCE SYSTEM AND MILITARY SERVICE
5 May 1998 No VIII-723
(As last amended on 14 December 2010 – No XI-1236)
Vilnius
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose of the Law
This law shall establish the basic principles of organisation, management and control of the national defence system, the procedure for fulfilling military service and provision of servicemen, also specific features of civilian service within the national defence system.
Article 2. Definitions
1. National defence system shall mean a part of the national security system of the Republic of Lithuania comprising the body of the state institutions whose purpose is to protect and defend the sovereignty of the State, its territorial inviolability and integrity, perform the international defence and military co-operation obligations assumed by Lithuania, other functions relating to national defence, also the enterprises and agencies set up by these institutions as well as the military territories and other objects of infrastructure used for the needs of national defence.
2. Lithuanian Army (hereinafter referred to as the “Army”) shall mean the institution of the armed defence of the State – the principal part of the national defence system safeguarding the sovereignty of the State and the inviolability of its territory and air space, defending the State by arms against aggression or another armed attack, and performing military tasks in compliance with the international obligations assumed by the Republic of Lithuania.
3. Military element shall mean each element of the Army of an approved structure which is of any size and which has been assigned a common task.
4. Unit shall mean a battalion or a military element equivalent thereto (consisting of at least two companies) of the Army of an approved permanent structure.
5. Combined unit shall mean several units or other structural military elements which have been given a joint operational purpose or task and are under a single command.
6. Active military reserve (hereinafter referred to as the “active reserve”) shall mean the reserve servicemen entered into the active reserve record file of the reserve personnel of the Army and performing military tasks on a periodical basis as well as participating in military exercises or trainings in accordance with the procedure laid down by legal acts.
7. Operational command shall mean exercise of the right delegated to a commander to organise the forces assigned to him and be in command of actions of these forces through commanders of military elements in a manner deemed by him to be necessary for the forces to accomplish an assigned mission or task. The concept of operational command shall not include responsibility for the training, administration, internal organisation, discipline and logistics of the military elements.
8. Military territory shall mean a territory (field territory, building or premises) controlled or used by institutions of the national defence system; another fenced territory or a territory marked in a comprehensible manner that is attributed to and/or used for the needs of the institutions of the national defence system, also a location marked in a comprehensible manner where the Army carries out military training and exercises, defusing of explosives, rescue or other works for the needs of security and defence of the State during these exercises, training or works.
9. Military operation shall mean the military actions carried out in performing strategic, tactical or administrative military tasks (missions) and training.
10. NATO standards shall mean the body of the general principles, regulatory documents and standards regulating the activities of military and other defence structures of NATO Member Countries, also other related institutions.
11. Active military service shall mean the mandatory military service of citizens of the Republic of Lithuania, professional military service, national defence volunteer military service, also service by cadets.
12. Mandatory military service shall mean the obligatory military service which has been established by the Constitution of the Republic of Lithuania for a citizen of the Republic of Lithuania and which shall be fulfilled in accordance with the procedure laid down by the law. It shall consist of initial military service of the duration specified by the law fulfilled on a continuous basis or otherwise, a non-continuous service in the active reserve as well as service in the event of mobilisation.
13. Professional military service shall mean a continuous military service to fulfil which a citizen of the Republic of Lithuania has voluntarily committed himself under a professional military service contract and which is fulfilled in the Army or at other institutions of the national defence system under the conditions and in accordance with the procedure laid down by legal acts, also in the cases specified by this Law at other state, foreign state or international institutions.
14. Volunteer national defence military service (hereinafter referred to as “volunteer military service”) shall mean a non-continuous military service in the Army to fulfil which citizens of the Republic of Lithuania voluntarily commit themselves and which is fulfilled under the conditions and in accordance with the procedure laid down by legal acts.
15. Service in the active reserve shall mean a non-continuous military service of reserve servicemen to fulfil which they have voluntarily committed themselves or which is mandatory in accordance with the procedure laid down by legal acts.
16. Serviceman shall mean a citizen of the Republic of Lithuania fulfilling active military service.
17. Volunteer serviceman shall mean a citizen of the Republic of Lithuania fulfilling volunteer military service.
18. Reserve serviceman shall mean a citizen of the Republic of Lithuania who has been entered into the record file of the reserve personnel of the Army (active or individual reserve) in accordance with the procedure laid down by legal acts and who has acquired a required basic military training.
19. Civilian national defence service shall mean a statutory civil service to fulfil which a citizen of the Republic of Lithuania has voluntarily committed himself basis under a civilian national defence service contract and which shall be fulfilled under the conditions and in accordance with the procedure laid down by legal acts.
20. Cadet shall mean a serviceman fulfilling military service while studying at a Lithuanian or foreign military training establishment whose graduates receive the rank of an officer. Cadet service shall last until a cadet joins professional military service or is transferred to the reserve or is dismissed or expelled therefrom in accordance with the procedure laid down by legal acts or by the military training establishment.
21. Individual reserve shall mean the reserve servicemen who have been entered into the individual reserve record file of the reserve personnel of the Army and who are incapable of serving or have been exempted from the obligation to serve in the active service due to age or for other reasons and who may be drafted into mandatory military service only in the event of mobilisation.
22. Retirement shall mean the dismissal of a serviceman from professional or volunteer military service when he is not entered into the record file of the reserve personnel of the Army due to age or health condition or the striking off of a reserve serviceman from the record file of the reserve personnel of the Army due to age or health condition.
23. Temporary personnel reserve of professional military service shall mean a category of the professional military servicemen to which the professional military service who are temporarily not carrying out their regular duties are transferred.
24. Draftee shall mean a military conscript who has not fulfilled initial mandatory or alternative service until the specified age in accordance with the procedure and methods established by the Law on Military Conscription nor has been released from it. During a period of time from assignment of a draft commission to fulfil mandatory military service until gaining of a serviceman’s status, a draftee shall be referred to as a recruit.
25. Re-enlistee shall mean a citizen of the Republic of Lithuania who, while fulfilling initial mandatory military service, is selected to professional military service and enters into a contract on professional military service.
26. Military representative shall mean a permanent representative of the commander of the Lithuanian armed forces at an international organisation. A military representative may have deputies and assistants.
27. Military standardisation shall mean the introduction of the NATO standards established by international treaties and agreements of NATO Member Countries and decisions of NATO institutions regulating defence planning, organisation and carrying out of military operations, arms and ammunition, information and communications systems, other technical means, maps and documentation as well as other technical issues relating to national defence, also establishment of original Lithuanian military standards. The procedure of military standardisation shall be set forth by the Government or an institution authorised by it.
Article 3. National Defence System
1. The national defence system shall consist of:
2) the Army, and upon introduction of martial law or in the event of an armed defence against aggression (in wartime) – also other armed forces: the State Border Guard Service under the Ministry of the Interior (hereinafter referred to as the “State Border Guard Service”), the Public Security Service under the Ministry of the Interior (hereinafter referred to as the “Public Security Service”), the combat platoons of the Lithuanian Riflemen’s Union and other armed resistance combat (partisan) platoons of citizens and their organisations subordinate to the command of the armed forces;
4) intelligence and counterintelligence service (the Second Investigation Department under the Ministry of National Defence), the institutions of military conscription and mobilisation as well as other institutions subordinate to the Minister of National Defence;
5) the military territories intended for the needs of national defence and other infrastructure facilities;
2. Lithuania’s national defence system shall be developed as a part of the transatlantic collective defence system. To this end:
1) institutions of the national defence system shall co-operate with appropriate institutions of NATO and the European Union and institutions of other NATO Member Countries and the European Union Member States in planning common defence, international military operations (hereinafter referred to as “international operations”) and carrying them out;
2) the Army and other institutions of the national defence system shall be developed in line with NATO standards with a view to ensuring their efficient interoperability with institutions of NATO and the European Union and the armed forces of other NATO Member Countries and the European Union Member States;
3) servicemen shall be trained for participation in collective defence, crisis response and other international operations;
4) the Lithuanian military and civil air surveillance, control and defence system shall be developed as a part of the NATO integrated air surveillance, control and defence system;
5) in ensuring the protection of classified information, NATO and EU standards for the protection of classified information shall be applied;
7) other instruments of NATO membership and participation in the common defence policy of the European Union shall be implemented, also implementation of instruments of NATO membership and participation in the common defence policy of the European Union shall be ensured in accordance with the procedure laid down by the law.
3. In accordance with the procedure laid by legal acts, institutions of the national defence system shall control and/or use military territories for the performance of their functions and tasks. Commanders (superior military officers) of institutions of the national defence system and military elements and other officials shall be responsible for compliance with laws and other legal acts within the military territories controlled or used by them. Within military territories, officials of civilian institutions may perform their functions only in the cases stipulated by the Government and only with the participation of the officers of the national defence system holding control rights within an appropriate military territory. The control regime and internal procedures of military territories shall be established, within the sphere of their competence, by the Minister of National Defence, the Commander of the Armed Forces or duly authorised commanders (superior military officers) of units, other military elements, services or other institutions of national defence.
4. Military chaplains shall be a part of the system of national defence. The conditions and procedure governing their activities shall, within the sphere of his competence, be established by the Minister of National Defence in co-ordination with heads of appropriate officially recognised traditional Lithuanian churches which appoint chaplains.
Article 4. Legal Grounds for the Activity of Institutions of the National Defence System
In their activities, institutions of the national defence system will be governed by the Constitution of the Republic of Lithuania, laws and other legal acts passed by the Seimas, decrees of the President of the Republic, resolutions of the Government, orders of the Minister of National Defence, and treaties of the Republic of Lithuania.
Article 5. International Co-operation of Institutions of the National Defence System
1. Institutions of the national defence system shall, within the sphere of their competence, co-operate with appropriate institutions of NATO and the European Union and other institutions of NATO Member Countries and the European Union Member States:
2) in preparing servicemen and civilian statutory civil servants for participation in international operations;
3) in exchanging the information required for the performance of their functions and ensuring the protection of classified information;
5) in training servicemen, civil servants of the national defence system and the employees working under employment contracts;
7) in ensuring, in accordance with the procedure laid down by laws and other legal acts, the military protection of the territory of the State, surveillance and control of the exclusive economic zone and continental shelf, also responding to violations of the sovereignty of the State on land, in the airspace and in the territorial sea;
2. Institutions of the national defence system shall, within the sphere of their competence, also co-operate with appropriate institutions of the states seeking NATO membership and other states and international institutions.
3. Military elements of the Republic of Lithuania, servicemen and civilian servants of the national defence system shall, in accordance with the procedure laid down by laws and other legal acts, participate in international operations, exercises and other events of military co-operation, also military elements, servicemen and civilian servants assigned to the armed forces of foreign states shall participate in international operations, exercises and other international events of military co-operation in the territory of the Republic of Lithuania.
Article 6. Principles of the System of National Defence
1. The national defence system shall be developed in accordance with provisions of the Constitution of the Republic of Lithuania and the Republic of Lithuania Law on Basics of National Security.
Article 7. Democratic Civilian Control of the Army
1. The development of the Army and the appropriations intended for the procurement of weapons and for other needs shall be determined by the Seimas. The Seimas shall, in accordance with the procedure laid down by the law, exercise parliamentary scrutiny of the national defence system.
2. The national defence policy and the appropriations for defence as approved by the Seimas shall be made public.
3. Decisions regarding mobilisation, declaration of martial law, deployment of the armed forces and defence against an armed aggression shall be taken by the President of the Republic and the Seimas, in accordance with the procedure established by the Constitution of the Republic of Lithuania and laws.
4. Decisions on the supply of the Army, procurement of arms and development of the material resources of the national defence system shall, in accordance with the long-term programme for development of the national defence system as approved by the Seimas of the Republic of Lithuania, be taken by the Government or an institution authorised by it.
5. The Government, the Minister of National Defence, and the Commander of the Armed Forces shall be accountable to the Seimas for the management and command of the armed forces.
6. Only civilians may be appointed the Minister of National Defence, Vice Ministers of National Defence, the Chancellor of the Ministry.
7. Deployment locations of the Army in peacetime and territorial boundaries for manoeuvring as well as decisions on redeployment of military units shall be approved solely by a decree of the President of the Republic.
Article 8. Funding, Control of Activities of the National Defence System and Restrictions on the Conclusion of Transactions by Legal Entities Thereof
1. Institutions of the national defence system shall be funded from the state budget. Foreign credits and assistance may also be used for the development of the national defence system in accordance with the established procedure.
2. The Minister of National Defence shall be the chief manager of the appropriations allocated to the national defence system. The financial activity and budgets of institutions of the national defence system shall be controlled in accordance with the procedure laid down by the law.
Article 9. Ministry of National Defence
1. The management and management structure of the Ministry of National Defence shall be regulated by the Law on the Government and the Law on Public Administration to the extent that peculiarities of management of the Ministry of National Defence are not specified by Article 15 of this Law.
2. The Ministry of National Defence shall be headed by a minister. The Minister shall, in compliance with the Law on the Government, this Law and other legal acts, specify the sphere of competence and functions of the Vice Ministers, the Chancellor of the Ministry and the Chief of the Defence Staff.
3. The principal tasks of the Ministry of National Defence shall be:
1) to carry out strategic planning of the national defence system, develop the national defence system and the defence capability of the Army, prepare the Army and other institutions of the national defence system for defence of the state of Lithuania and common defence of NATO Member Countries and for performance of other NATO tasks, for the implementation of the common defence policy of the European Union and other international commitments;
2) to ensure performance of the functions of state defence as well as military and other functions of national defence in peacetime and in war;
3) to administer, in the fields of ensuring national security as specified by laws and in accordance with the procedure laid down by legal acts, the activities of intelligence and counterintelligence institutions of the national defence system;
4) to administer the international co-operation of institutions of the national defence system, ensure, within the sphere of its competence, the implementation of treaties and agreements, development and implementation of international co-operation plans and programmes;
5) to administer, in accordance with the procedure laid down by laws and other legal acts, the personnel of the national defence system, military service and mobilisation;
6) to administer provision of publicly available information about the national defence system, co-operation of the Army with civilian institutions, the Lithuanian Riflemen’s Union, and other associations and public establishments directly contributing to the consolidation of the national defence system, and to preparation of the public for defence;
7) to administer, in accordance with the procedure laid down by legal acts, military standardisation;
4. The Ministry of National Defence shall have the right:
1) to establish an arsenal, an institute for military technologies, and enterprises for the repair of weapons and military equipment;
5) to establish cultural and recreational facilities for servicemen – officers’ clubs and sports clubs;
7) to maintain own housing stock and rent houses and apartments in order to provide servicemen with official accommodation;
8) to receive foreign assistance items for the national defence system and bring them across the State border;
5. In administering the personnel of the national defence system, the Ministry of National Defence may assign candidates to study at foreign military and other training establishments. The conditions of and procedure for selecting the candidates shall be established by the Minister of National Defence.
Article 10. Rights, Duties and Responsibility of the Minister of National Defence
1. The Minister of National Defence shall be in charge of activities of the Ministry of National Defence and the entire national defence system. He shall be responsible for implementation of the defence policy, performance of the tasks and functions assigned to the national defence system, development of the national defence system and efficient use of the resources allocated to it.
2. The Minister of National Defence shall:
1) be in charge of implementation of the defence policy, development of the national defence system and its capabilities, international defence and military co-operation, also represent the Republic of Lithuania, within the sphere of competence specified by laws and other legal acts, at the institutions of NATO, the European Union and other international defence institutions;
2) approve regulations of institutions of the national defence system (with the exception of the cases specified by legal acts) and a list of military specialities, also determine the structure and lists of positions of institutions of the national defence system and their subdivisions;
3) establish the policy of recruitment, training and management of the personnel of the national defence system and other internal administration areas of the national defence system;
5) set forth requirements for the protection of activities and internal security of the national defence system and establish the procedure for implementing them;
6) lay down the procedure for accumulating, processing and providing data of the Second Investigation Department under the Ministry of National Defence;
7) submit to the President of the Republic for approval the permanent deployment locations of military units, also submit to the President of the Republic, in conjunction with the Minister of Foreign Affairs, proposals regarding participation of military elements of the Republic of Lithuania in international operations and participation of military elements of other states in international operations in the territory of the Republic of Lithuania;
8) draft and submit to the State Defence Council for consideration and, upon obtaining its approval and recommendation, approve the military strategy of the State;
9) submit to the State Defence Council for consideration and, upon obtaining its approval and authorised by the Government, submit to the Seimas for approval on an annual basis the coming year’s principal structure of the Army (permanent combined units and units), limit numbers of servicemen (the total limit number of servicemen, the limit numbers of servicemen in professional and initial mandatory military service, volunteer servicemen and other servicemen of the active reserve, cadets, senior officers of each rank and generals as well as admirals), the limit number of the statutory civil servants fulfilling civilian national defence service, also guidelines for planning of the principal structure of the Army for a period of six years, and the limit number of the servicemen and statutory civil servants fulfilling civilian national defence service referred to in this subparagraph;
11) establish a system of selection of servicemen for promotion; award to the servicemen higher ranks, with the exception of the initial rank of an officer and the ranks higher than that of a lieutenant colonel (commander);
12) submit to the President of the Republic proposals for awarding to servicemen of the ranks of a colonel (navy captain) and general (admiral) and, in accordance with Article 85 of the Constitution of the Republic of Lithuania, co-sign acts-decrees of the President of the Republic on the awarding of the highest military ranks;
13) submit to the President of the Republic proposals for granting state awards to servicemen, the persons held equivalent to them by law and other persons who have distinguished themselves in national defence;
14) submit to the President of the Republic proposals regarding candidates for the Commander of the Armed Forces;
15) appoint and dismiss the Inspector General of National Defence, the Head of the General Jonas Žemaitis Military Academy of Lithuania, appoint and dismiss, on the recommendation of the Commander of the Armed Forces, the Chief of Defence Staff, the Chief of Joint Headquarters, commanders of regular forces, the Commander of Volunteer Forces, appoint and dismiss, in accordance with the procedure laid down by legal acts, military representatives and special attachés as well as deputies and assistants thereof, also approve the regulations of the positions (job descriptions) referred to in this subparagraph;
16) lay down the procedure of rotation and appointment of servicemen, appoint servicemen to the office of deputy commanders of regular forces, commanders of combined units and units, also to the positions corresponding to the rank of a lieutenant colonel (commander) and the positions corresponding to a higher rank, dismiss them from the office or transfer them from one institution of the national defence system or a combined unit or unit to another; appoint servicemen to the office at the Ministry of National Defence and institutions subordinate to the Ministry of National Defence, where necessary, delegate servicemen to serve at the state institutions outside the system of national defence, institutions of other states or international institutions;
18) lay down the procedure for transferring servicemen in professional military service to the temporary reserve of professional military service and approve regulations of this reserve;
19) be a founder of medals of the national defence system and badges of qualification and distinction and lay down the procedure for awarding them;
3. The Minister of National Defence shall assign tasks and issue orders as well as other legal acts approved by the orders to all institutions of the national defence system.
4. The Minister of National Defence may issue orders, delegate part of the rights and duties set forth in this Law to the Vice Ministers, the Chancellor of the Ministry, the Commander of the Armed Forces, other commanders and heads of the institutions and departments of the National Defence System, and establish terms, procedures and conditions for the use of these delegated rights and decision-making authority.
5. The rights of the Minister of National Defence as to a member of the Government may not be delegated. In the absence of the Minister of National Defence, his rights as a member of the Government may be exercised only by another minister appointed as acting Minister of National Defence.
Article 11. Status and Structure of the Army
1. The founder of the Lithuanian Army shall be the Republic of Lithuania. The founder’s rights shall be exercised by the Ministry of National Defence in compliance with this Law and other laws.
2. The Lithuanian Army shall be a single institution having the status of a public legal entity. The rights and duties of the Army as a public legal entity shall be exercised by the Commander of the Armed Forces. Units, combined units or other military elements of the Army shall not have the status of a separate legal entity. The units, combined units, services or other military elements of the Army may be delegated the rights and duties of the Army as a public legal entity as are required for implementation of the activities assigned to their sphere of competence. In exercising these rights and duties, the units, combined units, services or other military elements of the Army shall represent the Army and act on its behalf. The Lithuanian Army shall have its flag, which shall, on the recommendation of the Minister of National Defence, be approved by the President of the Republic. Flags of types of the forces, combined units, units, other independent military elements of the Army shall be approved and granted to the military elements by the Minister of National Defence.
3. The sphere of competence of units, combined units, services or other military elements of the Army and commanders thereof and the procedure for representing the Army when entering into transactions and in other civil legal relationships shall be established by the Minister of National Defence on the recommendation of the Commander of the Armed Forces.
5. The military forces shall comprise:
6. The National Defence Volunteer Forces (hereinafter referred to as the “Volunteer Forces”) shall be a constituent part of the land force.
7. The detailed structure of the Army shall be determined and combined units and units of the Army shall be established, reorganised or liquidated by the Minister of National Defence in compliance with the principal structure of the Army as approved by the Seimas.
8. Operations forces shall be formed to carry out military operations. They shall consist of elements of regular forces and other military elements assigned by the Commander of the Armed Forces to the operational command of the Chief of Joint Headquarters.
9. Permanent combined units and other specialised military elements may be formed for the performance of special military functions and tasks.
Article 12. Tasks of the Army
1. The principal tasks of the Army in peacetime shall be:
1) to guard the territory of the State (including surveillance, control and defence of the airspace and the territorial sea) and military territories, also conduct surveillance of and control the exclusive economic zone and a continental shelf in co-operation with other state institutions;
2. The principal task of the Army in the event of an armed defence against an aggression (in wartime) shall be to organise, independently and in conjunction with the armed forces of the allies, the armed defence of the State of Lithuania and other allies.
3. In implementing the task specified in subparagraph 1 of paragraph 1 of this Article, the Army shall, under international treaties of the Republic of Lithuania or international agreements of the Ministry of National Defence and in accordance with the procedure laid down by laws and other legal acts, co-operate with NATO institutions and the armed forces of other NATO Member Countries thus jointly ensuring the military protection of the territory of the Republic of Lithuania, surveillance and control of the exclusive economic zone and a continental shelf, also responding to violations of the sovereignty of the State on land, in the airspace and the territorial sea.
4. When implementing the military protection of the territory of the Republic of Lithuania, surveillance and control of the exclusive economic zone and a continental shelf, also responding to violations of the sovereignty of the Republic of Lithuania on land, in the airspace and the territorial sea in accordance with paragraph 3 of this Article, the armed forces of other NATO Member Countries may hold the same rights as are established for the Lithuanian Army by laws and other legal acts of the Republic of Lithuania.
Article 13. Commander of the Armed Forces
1. The Commander of the Armed Forces shall be appointed by the President of the Republic in accordance with the procedure laid down by the Constitution of the Republic of Lithuania. The appointed Commander of the Armed Forces shall hold office for a period not exceeding five years. Upon assuming his office, the Commander of the Armed Forces shall take an oath and affix his signature to an oath form in a formal ceremony.
2. 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 of the Commander of the Armed Forces shall be specified:
1) “I, (first name, surname),
having been appointed the Commander of Lithuania’s Armed Forces, without any reservations, do solemnly swear:
to faithfully serve the Republic of Lithuania,
to protect the integrity of its territory,
to conscientiously observe the Constitution and laws of the Republic of Lithuania and perform my duties, to strengthen the Armed Forces of Lithuania to the best of my ability,
to defend the State of Lithuania, its freedom and independence.
So help me God."
“I, (first name, surname),
having been appointed the Commander of Lithuania’s Armed Forces, without any reservations, do solemnly swear:
to faithfully serve the Republic of Lithuania,
to protect the integrity of its territory,
to conscientiously observe the Constitution and laws of the Republic of Lithuania and perform my duties, to strengthen the Armed Forces of Lithuania to the best of my ability,
to defend the State of Lithuania, its freedom and independence.”
4. The Commander of the Armed Forces shall be directly subordinate to the Minister of National Defence and shall carry out the established policy of development of the Army. The Commander of the Armed Forces shall be the chief military official of the State representing the Lithuanian Army on military issues.
5. In performing his duties, the Commander of the Armed Forces shall exercise the rights granted to him directly by laws and other legal acts.
6. The principal task of the Commander of the Armed Forces in peacetime shall be to appropriately train the army for the armed defence of the State by ensuring its interoperability with the armed forces of other NATO Member Countries and participation in international operations.
7. In implementing the command of the army, the Commander of the Armed Forces shall, in peacetime:
1) develop the military defence strategy of the State and be responsible for advance development of armed defence plans in the event of an unexpected attack and other contingencies;
2) specify for the Army the tasks of protection of the state territory, control and protection of the territorial sea, the economic zone and the airspace;
4) set forth requirement mandatory for all the Armed Forces, ways and means to ensure interoperability;
5) set forth combat readiness requirements for the border police and other police elements forming a part of the Armed Forces;
8) ensure the enforcement of laws and other legal acts, be responsible for the order and discipline in the Army;
9) ensure the protection of secrets in the Army in accordance with the requirements set forth by legal acts;
10) set forth the general requirements for military service applicable to the entire military personnel of the national defence system, which shall include all servicemen in active military service of the national defence system, with the exception of servicemen of the Second Investigation Department under the Ministry of National Defence;
12) be responsible for the efficient functioning of the military administration and logistics system;
13) submit proposals to the Minister of National Defence regarding improvement of military structures and functional systems (logistics, communications, etc.);
15) set forth military personnel recruitment, education and training as well as professional training requirements, be responsible for the training of the active military reserve and the effective functioning of the military educational establishments subordinate thereto;
16) form selection commissions for proposal of candidates for the commanders appointed by him and promotion of junior officers;
18) submit to the Minister of National Defence justification of the Army’s budget needs and proposals on the distribution of funds;
19) control and be responsible for the efficient and targeted use of funds and property of the Army;
20) be in charge of the supply of the Army: distribute arms, equipment, other material resources, be responsible for the organisation of their protection and accounting as well as efficient use;
22) in accordance with the procedure laid down by the Minister of National Defence, appoint, transfer to or dismiss servicemen from office, ranging from company commanders to deputy battalion commanders and equivalent positions, also transfer servicemen with the rank of a major or a lower rank from one combined unit to another or from one type of forces to another;
8. In performing the functions specified by laws and other legal acts or assigned by the Minister of National Defence, the Commander of the Armed Forces shall issue orders and mandatory instructions to the Army (the Armed Forces).
9. Upon declaration of martial law, the Commander of the Armed Forces shall, by a decree of the President of the Republic, be appointed the Commander of all the Armed Forces of the State subordinate to the civilian command of defence actions.
Article 14. Command of Defence of the State and Military Operations
1. Command of defence of the State and military operations shall be exercised at three levels: strategic, operational and tactical.
2. At the strategic level, the President of the Republic, the State Defence Council, the Minister of National Defence, and the Commander of Armed Forces shall take strategic decisions on the military protection of the State, armed defence, and military operations and assign tasks to the Armed Forces to carry out defence or other military operations.
3. At the operational level, the Chief of Joint Headquarters shall plan military operations and exercise command thereof. For the purpose of carrying out of international operations, elements of the Lithuanian Army (Armed Forces) may, in accordance with the procedure laid down by the law, transferred under the operational command and control of institutions of other states or the United Nations, NATO or the European Union.
4. At the tactical level, military elements shall carry out actions, combat tasks shall be planned and performed, and commanders of the military elements shall exercise tactical command.
5. The civilian command of defence of the State shall comprise the President of the Republic, as the Commander-in-Chief of the Armed Forces, and the Minister of National Defence.
6. In accordance with the principle of democratic civilian control, the chain of operational command of military operations and other defence actions shall begin with the President of the Republic and normally go down to the Commander of the Armed Forces through the Minister of National Defence. The tasks assigned by the President of the Republic and the Minister of National Defence within the chain of operational command shall be implemented by orders of the Commander of the Armed Forces.
7. The Minister of National Defence must obtain a prior written consent of the President of the Republic for his travels abroad. When the President of the Republic leaves the country, the Minister of National Defence must remain in Lithuania, with the exception of the cases during peacetime when the Minister travels abroad on an official or work visit arranged in advance or to participate in international events on security and defence issues. When the President of the Republic and the Minister of National Defence are both abroad at the same time and hence cannot temporarily perform their duties in the operational chain of command of the Army, they shall be temporarily replaced respectively by the Speaker of the Seimas and another member of the Government appointed as Acting Minister of National Defence.
8. The Chief of Joint Headquarters shall be responsible for the operational command of the forces assigned to him and for the efficient accomplishment of military operations.
9. The Chief of Joint Headquarters shall determine specific combat tasks for the combined units and units under his operational command and issue orders to the military elements under his operational command.
10. In peacetime, the Chief of Joint Headquarters shall, in accordance with the directions specified by the Commander of the Armed Forces, develop plans of exercises and military operations and be in command of the exercises.
11. The Chief of Joint Headquarters shall be appointed by the Minister of National Defence on the recommendation of the Commander of the Armed Forces.
12. The specific functions, rights and responsibility of the Chief of Joint Headquarters shall be specified by the Commander of the Armed Forces subject to prior co-ordination with the Minister of National Defence.
13. In discharging his functions, the Chief of Joint Headquarters shall be assisted by the Joint Headquarters, which shall be directly subordinate to him and whose structure shall be established by the Minister of National Defence.
14. The Inspector General of National Defence shall control the general and combat readiness of elements of the Army, the preparedness of the State Border Guard Service, the Public Security Service and the Lithuanian Riflemen’s Union for joint defence actions with the Army, also perform other functions established by legal acts.
Article 15. Defence Staff
1. The Defence Staff shall be a division of the Ministry of National Defence assisting in performance of the functions of strategic-level command of the armed forces of the State. It shall assist the Minister of National Defence in developing plans for development of the national defence system and the military strategy of the State, and shall also assist the Commander of the Armed Forces in performing his duties and functions.
2. The Defence Staff shall draw up plans of the armed defence of the State in co-operation with other institutions of the national defence system and state institutions, which shall provide all the data necessary for these plans.
3. The Defence Staff shall be directed by the Chief of Defence Staff. He shall be directly subordinate to the Commander of the Armed Forces and accountable to the Minister of National Defence. Within the field of internal administration of the Ministry of National Defence, the Chief of Defence Staff shall be accountable to the Minister.
4. In the areas of activities assigned to him by the Minister, The Chief of Defence Staff shall:
1) organise the drafting and co-ordination of legal acts conforming to strategic goals of the Ministry and provisions of the Government programme;
2) organise and control execution of assignments of the Prime Minister and the Government, the Minister and the Commander of the Armed Forces;
3) co-ordinate and control the activities of the Defence Staff, Joint Headquarters and staff of military forces;
5. The Chief of Defence Staff shall be appointed by the Minister of National Defence on the recommendation of the Commander of the Armed Forces. Other servicemen shall be appointed to the office at the Defence Staff and dismissed by the Minister of National Defence.
6. In the case of absence of the Chief of Defence Staff or where he is temporarily unable to perform his duties, the head of a structural division of the Defence Staff shall deputise for him under an order of the Minister of National Defence.
Article 16. Purpose of the Types of Military Forces
1. The purpose of the land force shall be the military protection and defence of the land territory of the State.
2. The purpose of the military air force shall be surveillance, control and defence of the airspace.
3. The purpose of the military naval force shall be surveillance, control and defence of the territorial sea, surveillance and control of the exclusive economic zone and a continental shelf.
5. Functions of the types of military forces, combined units and units shall be specified by the Minister of National Defence on the recommendation of the Commander of the Armed Forces by approving regulations thereof. In compliance with legal acts and the needs of defence and international military co-operation, specific tasks to the types of the military forces, combined units and the units not attributed to the combined units shall be assigned by the Commander of the Armed Forces.
Article 17. Volunteer Forces
1. The Volunteer Forces shall consist of volunteer servicemen, also the servicemen in professional military service assigned to the Volunteer Forces.
2. The Commander of the Volunteer Forces shall be directly subordinate to the Commander of the Land Force.
3. Military elements of the Volunteer Forces shall be trained for joint actions with other military elements.
4. In peacetime, the Volunteer Forces shall have the following functions: training of volunteer servicemen and other servicemen of the active reserve, provision of support of the receiving state to the armed forces of allies, performance of the tasks of the Army stipulated in paragraph 1 of Article 12 of this Law. In the period of armed defence against aggression (war), the military elements of the Volunteer Forces shall perform the tasks of defence, protection of important state or municipal facilities and support of the armed forces of allies as assigned to them.
Article 18. Assistance Rendered by the Army to Other State and Municipal Institutions
1. Military elements may be engaged in rendering assistance to other state and municipal institutions in the following cases:
1) in the event of emergencies, when the scope of an accident is expanding rapidly, for the performance of certain tasks of rescue and other urgent works in the emergency area;
2) in the event of a state of emergency, when a resolution of the Seimas or a decree of the President of the Republic regarding introduction of the state of the state of emergency indicates that the Lithuanian Army shall be used during the emergency;
4) when rendering assistance to the state border guard, customs, environment protection, fisheries and maritime control institutions with a view to implementing their powers in the territorial sea, exclusive economic zone and continental shelf of the Republic of Lithuania;
5) in extraordinary cases, when a threat is posed to human life and where necessary, to assist the police in carrying out urgent operations of detention of, search for or rescue of persons;
6) where necessary, to render assistance to the commander of a crisis management operation in the carrying out of an operation of response to a terrorist attack, provided capacities of other state institutions or agencies are insufficient or inappropriate;
7) where necessary, to temporarily reinforce the guarding of important state or municipal facilities or to defend them against terrorist or mass violence attacks;
8) where necessary, to assist the VIP Protection Department at the Ministry of the Interior (hereinafter referred to as the “VIP Protection Department) in ensuring the protection of protected persons, provided capacities of the VIP Protection Department and other statutory establishments of the interior are insufficient or inappropriate;
2. In the cases indicated in subparagraph 1 of paragraph 1 of this Article, military elements may be sent to assist forces of the civil protection system upon an order of the Minister of National Defence and at a written request of the head of the Government Emergency Commission or the director a municipal administration the territory whereof includes an emergency area. Actions of military elements and forces of the civil protection system shall be co-ordinated according to the interoperability plans developed in advance by the Commander of the Armed Forces or the commanders of military elements authorised by him and the Director of the Fire and Rescue Department at the Ministry of the Interior or the officers of the civil protection system authorised by him.
3. In the case indicated in subparagraph 2 of paragraph 1 of this Article, military elements shall be sent to assist the institutions ensuring implementation of the Law on the State of Emergency under an order of the Minister of National Defence and upon the receipt of a written request of the head of an institution responsible for the management of emergencies. Interoperability of the military elements with other state and municipal institutions shall be co-ordinated by the head of an institution responsible for the management of emergencies.
4. In the case indicated in subparagraph 3 of paragraph 1 of this Article, military elements may be sent to assist the State Border Guard Service under an order of the Minister of National Defence and at a written request of the Minister of the Interior. Interoperability of the military elements and the State Border Guard Service or divisions thereof shall be exercised according to a state border guard protection plan approved in accordance with the procedure laid down by the Government.
5. In the case indicated in subparagraph 4 of paragraph 1 of this Article, the technical facilities of surveillance and control as well as military vessels and aircrafts assigned to the Army may be used. Such assistance shall be rendered by the Army according to general plans of its interoperability with the state border guard, customs, environment protection, fisheries and shipping control institutions and agreements on assistance. These plans and agreements shall be developed by the Commander of the Armed Forces or commanders (superior officers) authorised by him and heads of the state border guard, customs, environment protection, fisheries and shipping control institutions or the officials authorised by them. The drawing up and implementation of general interoperability plans and agreements on assistance shall be co-ordinated by the interdepartmental Commission for the Protection and Control of the Territorial Sea, the Exclusive Economic Zone and a Continental Shelf.
6. In the cases indicated in subparagraph 5 of paragraph 1 of this Article, a military element may be used by an order of the Commander of the Armed Forces or a commander within the chain of operational command authorised by him and at a written request of the Commissioner General of the police or an officer authorised by him. An order on sending of the military element to assist the police shall be immediately notified to the Minister of National Defence, who shall have the right to repeal the order subject to co-ordination with the Minister of the Interior. The military element to be sent may render to the police only the one-time assistance requested whose duration shall not exceed 24 hours. Where necessary, the duration of rendering of assistance to the police may, in accordance with the same procedure, be extended up to 48 hours or until the goals of detention of, search for or rescue of a person are attained. The operation of detention of, search for or rescue of the person in which assistance is rendered by the military element shall be led by an officer appointed by the Commissioner General of the police or by his deputy or by the head of a local police office.
7. In the case indicated in subparagraph 6 of paragraph 1 of this Article, a military element may be used by an order of the Minister of National Defence, when the Crisis Management Committee takes a decision on the use of the military element due to a terrorist attack. A terrorist attack response operation in which assistance is rendered by the military element shall be led by the commander of a crisis management operation appointed in accordance with the procedure laid down by legal acts.
8. In the cases indicated in subparagraph 7 of paragraph 1 of this Article, military elements may be used by an order of the Minister of National Defence and at a written request of the Minister of the Interior or in executing decisions of the Government on reinforcement of protection of the important state and municipal or other facilities as specified by the Government.
9. In the case indicated in subparagraph 8 of paragraph 1 of this Article, a military element may be used by an order of the Commander of the Armed Forces and at a written request of the Director of the VIP Protection Department or his deputy. An order on sending of the military element to assist the VIP Protection Department shall be immediately notified to the Minister of National Defence, who shall have the right to repeal the order subject to prior co-ordination with the Minister of the Interior. The military element to be sent may render to the VIP Protection Department only the one-time assistance requested, whose duration shall not exceed 24 hours. Where necessary, the duration of rendering of assistance to the VIP Protection Department may, in accordance with the same procedure, be extended up to 48 hours or as long as this is necessary according to the specified level of ensuring the security of protected persons. In ensuring the protection of protected persons, actions of the military element and other state institutions or agencies shall be co-ordinated by an officer appointed by the Director of the VIP Protection Department or his deputy.
10. In the case indicated in subparagraph 9 of paragraph 1 of this Article, the technical facilities of surveillance and control as well as military vessels and aircrafts assigned to the Army may be used. Such military assistance shall provided in accordance with the procedure laid down by the Commander of the Armed Forces upon receipt of the request of the head of an institution responsible for the carrying out of works of search for and rescue of persons in the territory of the Republic of Lithuania, with the exception of the search and rescue region, or an officer authorised by him.
11. The Minister of National Defence must immediately notify the President of the Republic, the Government, the Speaker of the Seimas and the Seimas National Security and Defence Committee of an order indicated in paragraphs 2, 4, 7 and 8 of this Article.
12. When rendering assistance to other state or municipal institutions in the cases indicated by this Article, the Army may use special means and weapons only to the extent that it is necessary to attain the goals of assistance. The special means and weapons shall be used in accordance with the procedure laid down by the law.
Article 181. Search for and Rescue of Persons and Pollution Accident Response
1. In accordance with the procedure laid down by laws and other legal acts, the Army shall organise, co-ordinate and be in charge of the activities of search for and rescue of persons in the search and rescue region and the activities of pollution accident response in the maritime area. The Army shall organise, co-ordinate and be in charge of the activities of search for and rescue of persons as well as the activities of pollution accident response via the Marine Rescue Co-ordination Centre of the Lithuanian Naval Force.
2. In accordance with the procedure laid down by laws and other legal acts, the Army shall carry out the activities of search for and rescue of persons in the search and rescue region, with the exception of the water areas of sea ports and the Curonian Spit, and the activities of pollution accident response in the maritime area, with the exception of internal waters.
3. In the maritime area, with the exception of internal waters, the Army shall take emergency measures (drown a ship, remove a dangerous facility, etc.), where a decision has been taken to take such measures in accordance with the procedure laid down by legal acts with a view to averting, mitigating or responding to an accident posing a grave and imminent threat to the inhabitants, the environment and related interests.
4. The Army shall organise and participate, in co-operation with other state and municipal institutions, in the training and exercises of organisation, co-ordination and command of the activities of search for and rescue of persons and pollution accident response.
Article 19. Military Police
Article 20. General Jonas Žemaitis Military Academy of Lithuania
1. The Jonas Žemaitis Military Academy of Lithuania (hereinafter referred to as the “Academy”) shall be a school of higher education for the education and training and improvement of qualifications of officers which is accountable to the Minister of National Defence – a military institution of the national defence system organising, in accordance with the procedure laid down by legal acts, university-level studies and military training as well as non-continuous studies. The head of the Academy shall be subordinate to the Minister of National Defence.
2. The Academy shall be subject to general principles for the establishment and management of schools of higher education. The status thereof shall be approved by the Government on the recommendation of the Minister of National Defence. The Minister of National Defence shall approve the officer training system, the Academy’s structure and list of positions and targeted distribution of funds of the budget.
3. The servicemen in service and studying at the Academy shall be subordinate to the Commander of the Armed Forces on the issues of military service. The Commander of the Armed Forces shall specify for the Academy tasks of and requirements for the training of officers. They shall be approved by the Minister of National Defence.
4. The persons who have completed secondary education and who meet the conditions of admission to the Academy as specified by the Minister of National Defence shall be admitted to the Academy as cadets. A person to be admitted to the Academy as a cadet shall conclude an agreement with the Academy undertaking to study well and to perform other duties of a cadet and, upon completing his studies, to enter professional military service, provided he is invited to enter it on the day of his graduation. Cadets shall be invited to enter professional military service taking into account the results of their studies at the Academy and the needs of the national defence system and military service. Where a person who has completed cadet studies is not invited to conclude a contract on professional military service, he shall be transferred to the reserve.
5. Conditions of admission to studies of training of servicemen and improvement of qualifications other than cadet studies shall be specified by the Minister of National Defence.
6. Ranks of servicemen during the period of their studies at the Academy shall be suspended. While studying at the Academy, cadets shall be conferred cadet ranks. The status of the servicemen studying at the Academy, ranks of cadets, the conditions and procedure of studies shall be set forth by the Statute of the Academy and other legal acts.
7. In the event of martial law or an armed defence against aggression (in wartime), the Academy shall be considered a constituent part of the Army subordinate to the Commander of the Armed Forces, with the exception of its civilian personnel.
8. Under agreements of the Ministry of National Defence with other state institutions or appropriate institutions of other states and in accordance with the procedure laid down by the Statute of the Academy and other legal acts, civil servants of other state institutions may be trained at the Academy, also citizens of foreign states may study thereat.
Article 21. General Status of a Serviceman
2. A serviceman’s service shall require a special relationship of loyalty to the State, which shall be regulated by laws and other legal acts. The status of a serviceman shall be specified by this Law and other laws, statutes and other legal acts regulating activities of the Army and military service. With the exception of the cases specified by laws and other legal acts, the laws and other legal acts regulating employment and civil service relations shall not apply to servicemen.
3. Servicemen shall exercise the human rights and freedoms guaranteed by the Constitution of the Republic of Lithuania. Exercise by servicemen of the rights to protection of private life, guarantees of the place of service, rest and leisure time, freedom of association, choice of the place of residence and free movement, inviolability of official accommodation, participation in meetings, group petitions, dissemination of information and expression of opinion may be restricted by laws and the statutes based on the law only to the extent that is necessary to perform a serviceman’s duties and ensure military discipline and obedience as well as attain the goals of service. Freedom of thought, religion and conscience shall be guaranteed for a serviceman and shall not be restricted.
4. The duration of a service day and the total duration of a service week for a serviceman shall not be limited and shall depend on the needs of service. Detailed requirements for a service day, a day- and week-long rest provided to a serviceman and ensuring recovery of his health and working capacity shall be stipulated by statutes and other legal acts regulating the national defence system.
5. A serviceman whose rights as guaranteed by this Law or relating to the serviceman’s service in the national defence system have been violated may refer to a superior commander or the Inspector General of National Defence. These persons must investigate the facts and take the measures necessary to forthwith eliminate the violations.
6. The human dignity of every serviceman must be respected, a serviceman may not suffer humiliation.
7. Citizens of the Republic of Lithuania shall acquire the status of a serviceman in the following manner:
1) as recruits – from the moment of arrival to a unit (training centre) or the moment of coming under the subordination of a superior military officer;
2) as servicemen in professional military service – on the day of admission to professional military service;
3) as volunteer servicemen and active reserve servicemen – from the moment of arrival, in accordance with a service or military training order, to the assigned location and reporting in to a superior military officer;
8. A serviceman shall fulfil military service within the national defence system. In the cases and in accordance with the procedure laid down by laws and other legal acts, a serviceman may fulfil service at other state, foreign or international institutions.
Article 22. Specific Features of the Status of a Volunteer Serviceman
2. Volunteer servicemen shall be trained in accordance with the training programmes and annual combat readiness plans developed by the Commander of the Volunteer Forces and approved by the Commander of the Armed Forces. With the exception of the preparation for service in international operations provided for in paragraph 4 of this Article, volunteer servicemen shall be trained on non-working days, also for not longer than 20 working days per year away from their direct work or occupation.
3. Without a prior notice, volunteer servicemen may be drafted into service for a period up to seven days.
4. Training of volunteer servicemen and performance of service tasks shall be held equivalent to performance of official duties. Employers must release volunteer servicemen from their work for the duration of their training or when they are drafted into service. Employees must release from work the volunteer servicemen sent to fulfil service in a military element of international operations during their preparation for service in international operations and during service in the international operations. During this period, it shall be prohibited to notify volunteer servicemen of termination of an employment contract and dismiss from office, with the exception of the cases specified in paragraph 1 of Article 136 of the Labour Code.
5. A volunteer serviceman who has served in an exemplary manner for a period of at least ten years or who has particularly distinguished himself in performing service tasks may be awarded the Honorary Volunteer Serviceman title. The regulations of awarding of the Honorary Volunteer Serviceman title and awarding of the Badge of Honour shall be approved by the Minister of National Defence.
6. A volunteer serviceman dismissed from service shall be entered into the active reserve record file of the reserve personnel of the Army, with the exception of the cases provided for in paragraph 3 of Article 38 of this Law. Where the volunteer serviceman dismissed from service is unfit for service in the active reserve due to age or health condition, he shall be entered into the individual reserve record file of the reserve personnel of the Army or placed in retirement.
Article 23. Serviceman’s Oath
1. Every citizen of the Republic of Lithuania shall, upon commencing active or reserve service in the Lithuanian Army, swear allegiance to the State of Lithuania and affix his signature to a personal oath form in a formal ceremony.
2. 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 of a Lithuanian serviceman shall be specified:
to conscientiously observe the Constitution of the Republic of Lithuania, laws and orders of my commanders,
to conscientiously observe the Constitution of the Republic of Lithuania, laws and orders of my commanders,
4. The Lithuanian serviceman’s oath shall be taken by:
1) servicemen in initial mandatory military service and cadets – no later than upon completion of the initial military training;
2) professional military servicemen, unless they had taken the Lithuanian serviceman’s oath previously – upon their admission to this service;
3) volunteer servicemen, unless they had taken the Lithuanian serviceman’s oath previously – upon the expiry of a volunteer serviceman’s trial period;
4) active reserve servicemen, unless they had taken the Lithuanian serviceman’s oath previously – having been drafted into service in the active reserve;
5. The signed personal oath forms shall be kept in servicemen’s personal files, and the lists of the servicemen who have taken the oath – at a unit.
Article 231. Breach of the Oath
A breach of the Lithuanian serviceman’s oath as provided for in paragraph 2 of Article 23 of this Law, a breach of the Lithuanian officer’s oath as provided for paragraph 2 of Article 24 of this Law, also a breach of the oath of the Commander of the Lithuanian Armed Forces as provided for in paragraph 2 of Article 13 of this Law shall be a grave violation of a serviceman’s discipline resulting in the serviceman’s dismissal from service or expulsion from a military training establishment and/or commitment of an intentional criminal act.
Article 24. Lithuanian Officer
1. A Lithuanian officer (hereinafter referred to as an “officer”) shall be a representative of the Lithuanian Army acting in the capacity of a military official within his sphere of competence. The title “officer” shall imply the responsibility and obligation to safeguard an officer’s honour.
2. A citizen of the Republic of Lithuania shall, when becoming an officer, take an oath. 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) “I, (first name, surname),
becoming a Lithuanian officer, without any reservations, do solemnly swear:
to faithfully serve the Republic of Lithuania,
sparing no effort and life, to defend the State of Lithuania, its freedom and independence,
to conscientiously observe the Constitution of the Republic of Lithuania, laws and orders of my commanders,
to keep the secrets entrusted to me;
I swear to be an honest and honourable Lithuanian officer.
So help me God.”;
“I, (first name, surname),
becoming a Lithuanian officer, without any reservations, do solemnly swear:
to faithfully serve the Republic of Lithuania,
sparing no effort and life, to defend the State of Lithuania, its freedom and independence,
to conscientiously observe the Constitution of the Republic of Lithuania, laws and orders of my commanders,
to keep the secrets entrusted to me;
I swear to be an honest and honourable Lithuanian officer.”
Article 25. Statutes
1. The procedure for and terms and conditions of fulfilling of military service, disciplinary liability of servicemen, use of a weapon, the procedure for and terms and conditions of fulfilling civilian national defence service as well as service at the Second Investigation Department under the Ministry of National Defence shall be established by statutes. Detailed procedures for executing military statutes and fulfilling service shall be established by the Commander of the Armed Forces. The internal procedure of military elements, military training and other establishments shall be established by the internal rules of procedure as approved by commanders or superior military officers.
2. The statutes regulating the disciplinary liability of servicemen and the use of a weapon, civilian national defence service and service at the Second Investigation Department under the Ministry of National Defence shall be approved by laws. Other statutes shall be approved by the Minister of National Defence.
Article 26. Discipline and Material Liability of Servicemen
1. A serviceman shall conscientiously and properly perform the duties relating to service and execute orders of commanders (superior military officers), abide by laws and statutes, not exceed the rights granted to him by the law and protect state and official secrets.
2. A serviceman shall be responsible for the property, monetary funds or other material valuables relating to service and transferred, entrusted to him or assigned to his protection. The serviceman’s material liability for the loss of or damage to the property shall be established by the law.
4. Where the facts and circumstances of improper performance of the duties relating to service, violation of law or discipline need to be established, an official investigation shall be carried out. It shall be carried out in accordance with the procedure laid down by the disciplinary statute of the army, also by the Minister of National Defence or the Commander of the Armed Forces.
5. In order to ensure protection of state or official secrets or to verify the information provided by a serviceman, a lie detector may be used solely subject to the serviceman’s written consent. A serviceman who refuses to undergo the lie detector test shall not be allowed to perform the duties relating to state or official secrets.
Article 27. Prohibition to Issue an Unlawful Order or to Force to Execute an Unlawful Order
2. Nobody may issue to a serviceman or to a military element an order forcing the serviceman to break his oath, a clearly unlawful order (that bears criminal liability) or an order violating universally recognised principles and standards of international law. A commander (superior military officer) who issues such an order shall be held liable under a law.
3. If a clearly unlawful order is issued, a serviceman may not execute it and must report it to a commander who is superior to the commander who has issued the unlawful order.
Article 28. Admission to Professional Military Service
1. The full-aged citizens of the Republic of Lithuania who are fit for professional military service according to their level of education, physical training, health condition and moral characteristics and, according to their age, are fit to hold a serviceman’s position corresponding to a military rank currently held or to be conferred or the position of a military specialist (the specialists having a higher or secondary education and needed by the Army) shall be admitted to professional military service on the basis of the volunteering and selection principles. They shall be subject to the requirements as established by legal acts to know the State language.
2. The persons indicated in paragraph 1 of this Article shall be admitted to professional military service by signing a contract on professional military service. Where a person admitted to professional military service has not fulfilled initial mandatory military service or has not acquired the required basic military training otherwise, a trial period shall be applied to the person when admitting him to professional military service, during which the serviceman shall be assigned to a basic military training course.
3. Contracts on professional military service shall be concluded and extended in accordance with the procedure established in Article 31 of this Law.
4. The following persons may not be professional military servicemen:
4) the persons who, under the law, may not be granted the right to access the classified information required for performance of a serviceman’s duties and to use it;
5. Where there is a need within the national defence system, the Minister of National Defence shall, subject to the consent of an appropriate country, have the right to employ as a military adviser or expert under a fixed-term contract a military officer or a reserve officer from a NATO Member Country who is not a citizen of the Republic of Lithuania and to establish his duties, rights, responsibilities and other terms and conditions of the contract. The period of validity of such a contract may not be longer than two years, and upon its expiration, a new contract may be concluded with the same person under the terms and conditions stipulated in this paragraph.
6. The persons willing to enter professional military service and servicemen in professional military service must provide information about themselves, their connections and interests that might be of relevance to protection of state secrets, performance of the duties relating to service or be a potential cause of a conflict of interest by filling out a questionnaire of the content specified within the national defence system. This information shall be verified. A serviceman in professional military service who conceals or deliberately provides incorrect information shall be held liable under the law or the Statute of Discipline.
Article 29. Admission to Volunteer Military Service
1. The citizens of the Republic of Lithuania not younger than 18 years of age who, according to their level of education, physical training, health condition and moral characteristics, are fit for service in the active reserve may be admitted to volunteer military service according to the volunteering and selection principles.
2. Where the persons admitted as volunteer servicemen have not fulfilled initial mandatory military service, they shall be assigned to complete a training course during their trial period to acquire the basic military training.
3. The following persons may not be volunteer servicemen:
4. Persons shall be admitted as volunteer servicemen under a contract on volunteer military service.
Article 30. Draft into Initial Mandatory Military Service
Citizens shall be drafted into initial mandatory military service under the conditions and in accordance with the procedure laid down in the Law on Military Conscription.
Article 31. Contract on Professional Military Service
1. A contract on professional military service shall be a written agreement between the Ministry of National Defence and a citizen of the Republic of Lithuania whereunder the Ministry of National Defence shall admit the citizen to professional military service, and the citizen shall pledge to fulfil it under the terms and conditions of and in accordance with the procedure laid down by laws and other legal acts and to perform all duties of a serviceman.
2. A contract on professional military service shall be concluded for the following duration:
1) with the officers who enter the service upon graduation from the Military Academy of Lithuania or another foreign school for officers – until attaining the age for transfer to the reserve as specified in paragraph 4 of Article 45 of this Law;
2) with the servicemen admitted to professional military service who have graduated from Commissioned Officers’ School, also the reserve servicemen meeting the specified military qualification requirements and the specialists needed by the Army – for a period not exceeding five years and not longer than attaining by a serviceman of the age of transfer to the reserve as specified in paragraph 4 of Article 45 of this Law;
3. Upon the expiry of the term of validity of a fixed-term contract on professional military service concluded in the cases specified in subparagraph 2 of paragraph 2 of this Article, the contract may be extended subject to the consent of the Minister of National Defence and under the terms and conditions specified thereby:
1) with the non-commissioned officers meeting qualification selection requirements – until they attain the age for transfer to the reserve as specified in Article 45 of this Law;
4. Irrespectively of the term of a contract on professional military service, it may be terminated prior to the expiry of its term of validity in the cases provided for by Articles 37 and 38 of this Law.
5. The Minister of National Defence shall enter into and extend contracts on professional military service with:
1) all officers in subdivisions of the Ministry of National Defence and in the institutions of the national defence system directly subordinate to the Minister of National Defence;
Version of paragraph 6 before 1 January 2011:
6. With the consent of the Minister of National Defence and in accordance with the requirements, terms and conditions as well as the procedure of selection as established by him, the age limits specified in Article 45 of this Law and the requirements of paragraphs 2 and 3 of this Article, the following individuals shall enter into and extend contracts on professional military service on behalf of the Ministry of National Defence:
Version of paragraph 6 as of 1 January 2011:
6. In accordance with the requirements, terms and conditions as well as the procedure of selection as established by the Minister of National Defence, the age limits specified in Article 45 of this Law and the requirements of paragraphs 2 and 3 of this Article, the following individuals shall enter into and extend contracts on professional military service on behalf of the Ministry of National Defence:
2) unit commanders – with military servicemen with a rank up to that of a sergeant major (senior master sergeant);
3) heads (superior military officers) of institutions or the national defence system or divisions thereof authorised for this purpose by the Minister of National Defence – with servicemen of other institutions of the national defence system and divisions thereof with a rank up to that of a sergeant major (senior master sergeant).
7. The officials indicated in paragraph 6 of this Article may enter into contracts on professional military service without a specific consent of the Minister with the servicemen commencing the service of an officer upon graduation from the Military Academy of Lithuania or another military school by assignment of the Ministry of National Defence.
Article 32. Contract on a Volunteer Serviceman’s Service
1. A contract on volunteer military service shall be a written agreement between a citizen of the Republic of Lithuania and the Ministry of National Defence whereunder a person authorised by the Minister of National Defence shall admit the citizen to volunteer military service, and the citizen of the Republic of Lithuania shall pledge to fulfil it under the terms and conditions of and in accordance with the procedure laid down by laws and other legal acts and to perform all duties of a volunteer serviceman.
2. A contract on volunteer military service shall be concluded for a period not exceeding four years.
3. Upon the expiry of the term of validity of a contract on volunteer military service, it may be extended for a new term not exceeding four years unlimited number of times, but not later than the date on which the volunteer serviceman reaches the age of 55 years.
Article 33. Appointment to Office of a Serviceman Admitted to Professional Military Service
Version of subparagraph 1 of paragraph 1 before 1 January 2011:
Version of subparagraph 1 of paragraph 1 as of 1 January 2011:
1) an order of a unit commander – to a position up to a platoon leader, also to other positions within a unit up to a sergeant major (senior master sergeant) inclusive;
2) an order of the Minister of National Defence or his duly authorised commanders (superior military officers) – to the position of a platoon leader and higher positions, also to other officer positions.
Article 34. Trial Periods for Professional Military Service or for Voluntary Military Service
1. A trial period not exceeding six months may be applied to a person admitted into professional military service.
2. The persons admitted to professional military service in combat elements imposing particular physical and psychological endurance and other servicemen’s readiness requirements may be subject to a trial period in excess of six months, but not exceeding one year, where this is provided for in this combat element’s regulations as approved by the Minister of National Defence.
3. A trial period shall not apply to the servicemen who have graduated from a military training establishment, also to the servicemen transferred to another position.
4. When admitting a person into volunteer military service, a trial period of up to six months shall be established.
Article 35. Evaluation of Servicemen
1. The characteristics, abilities, conduct, learning and improvement of as well as performance of service-related duties by a serviceman in professional military service shall be observed by his commanders (superior officers) and shall record their observations and evaluation in a document referred to as a serviceman’s performance evaluation report. In the performance evaluation report, they shall present conclusions and recommendations regarding the serviceman’s service and, where required, warn him of the possibility of finding him unfit for service.
2. Performance evaluation reports shall be issued for all servicemen in professional military service, with the exception of the Commander of the Armed Forces.
3. Performance evaluation reports shall be drawn up by the immediate commander or a superior officer, also a higher-level commander or superior officer. They must evaluate a person subject to evaluation taking into consideration solely the interests of service. A serviceman’s performance evaluation report must, specifically, describe the personality of a serviceman subject to evaluation, the serviceman’s potential and his performance of service-related duties.
4. A serviceman’s performance evaluation report shall be drawn up by his commander (superior officer):
3) upon transfer of the immediate commander (superior officer) and passing over the command to another commander (superior officer);
5. In the case indicated in subparagraph 1 of paragraph 4 of this Article, a serviceman shall be evaluated with regard to his fitness for professional military service and his suitability for the position provided for him. An evaluation shall be carried out not later than within seven days after the expiry of the trial period. If a person subject to evaluation is found to be unfit for professional military service, he must be dismissed within 14 days following the expiry of the trial period.
6. In the cases indicated in subparagraphs 2 and 3 of paragraph 4 of this Article, a new serviceman’s performance evaluation report shall not be drawn up where the latest report was drawn up by a commander not earlier than six months ago.
7. A serviceman who was warned of his being unfit for service at the time of a previous evaluation, but has failed to comply with recommendations and improve his performance may be evaluated as unfit for service.
8. Access to a serviceman’s performance evaluation report shall be granted solely to the persons requiring the access in performance of their direct official duties.
10. A serviceman shall have access to the conclusion of an evaluation and shall have the right to appeal against it, with the exception of a conclusion regarding unfitness for service after the expiry of a trial period (subparagraph 1 of paragraph 4 of this Article). An appeal shall be considered in accordance with the procedure laid down by the Minister of National Defence.
Article 36. Restrictions on Military Service
1. Active service servicemen shall be prohibited from participating in political activities including:
2) active participation of the servicemen in the meetings or other public actions organised by political parties and political organisations and expressing political convictions or political demands or directly supporting a political party or a political organisation;
3) the servicemen’s political statements, articles or speeches publicly voicing disagreement with the policy declared and implemented by a democratically elected government of the State (the Seimas, the President of the Republic, the Government) or publicly raising political demands to the government of the State.
2. A serviceman shall terminate his membership and activity in a political party or a political organisation upon commencing to initial mandatory or professional military service for the duration of the service.
3. Servicemen may participate in the activities of associations and other non-political alliances, also in other non-political activities aiming to foster moral, national, patriotic and civic democratic values, provided that participation in such activities does not interfere with performance of direct duties of a serviceman.
4. When participating in the political activities defined in paragraph 1 of Article 36, reserve and retired servicemen as well as volunteer servicemen shall not have the right, under any circumstances, to link these activities with their status as a serviceman, to make references to their military rank and to wear a military uniform.
5. A serviceman may not hold a civil servant’s position, with the exception of the case indicated in paragraph 5 of Article 42 of this Law.
6. A serviceman in professional military service may not be linked, according to the post held by him, with his spouse, close relative or a person related to him by marriage by direct subordination.
7. Professional military servicemen may not: with the exceptions stipulated by the law, work for the undertakings, institutions and organisations outside the national defence system as employees, advisers, experts or consultants, be members of their management bodies, hold another elective or appointed position, receive another salary, with the exception of remuneration for a creative or pedagogical activity; control by proxy over 10 per cent of shares in a single undertaking; render commercial services or represent the interests of the undertakings, institutions and organisations outside the national defence system and travel abroad for these purposes; be a member of a trade union; participate in a strike; use service time and property and the opportunities provided by service for the purposes other than the service. A serviceman who owns a personal enterprise or is a general member or a limited member of a partnership or holds shares in a public limited liability company or member shares in an agricultural company must manage, use and dispose of this ownership in such a way as to preclude a conflict of private or service-related interests as a result of possession thereof or links with the company (undertaking) in which the serviceman holds ownership. Servicemen in professional military service of the national defence system who carry out operational activities and officers in professional military service must, in accordance with the procedure laid down by laws and other legal acts, declare their private interests.
8. When adopting decisions, a serviceman must give priority to service-related interests and ensure the unbiased nature of the decisions. A professional military serviceman shall not have the right, either in person or through other persons, to take part in such commercial actions that are related to his service or could give rise to a conflict of private or service-related interests. A serviceman may not represent an institution of the national defence system:
1) when dealing with natural or legal persons wherefrom he or the persons indicated in paragraph 7 of this Article receive any type of income;
9. A serviceman may not accept the gifts or services directly or indirectly related to the position held by him, with the exception of the official premiums and gifts of the national defence system or other government institutions, also the gifts and services in accordance with the international protocol or traditions which are normally linked with his position.
10. Professional military servicemen who in the national defence system hold the office of a health care specialist (military doctor or assistant thereof) shall have the right to work and receive remuneration for the work at other health care establishments during their spare time, provided that this work does not violate the interests of military service. The right to work at other health care establishments shall be exercised under the terms and conditions and in accordance with the procedure laid down by the Minister of National Defence.
11. The citizens of Lithuania who receive other countries’ state pensions for the service rendered in those countries’ military or equivalent bodies may not fulfil professional military service. The Minister of National Defence shall have the right, without having regard to a person’s age, to admit to professional military service for a period not exceeding five years or to enter into the Army’s active reserve record file the citizens of the Republic of Lithuania who have served as professional servicemen in the military or equivalent bodies of the states which are members of the North Atlantic Treaty Organisation (NATO) and receive a military pension from those countries.
Article 37. Early Termination of Professional Military or Volunteer Military Service by a Serviceman
1. A serviceman who has concluded a contract on professional military service or a volunteer serviceman who has concluded a contract on volunteer military service may terminate service prior to the expiry of a term undertaken under the contract solely in accordance with the procedure laid down by the Minister of National Defence and upon his decision for recognised valid reasons.
2. A serviceman who violates the conditions indicated in paragraph 1 of this Article and wilfully terminates a contract on professional military service prior to the expiry of its term shall be considered absent without leave and be held liable under the law. He may be dismissed from service in accordance with subparagraph 3 of paragraph 2 of Article 38 of this Law.
Article 38. Grounds for Termination of a Professional Military Service Contract or a Volunteer Military Service Contract
1. A professional military service contract or a volunteer military service contract must be terminated and/or a serviceman must be dismissed from service in the national defence system when:
3) a judgement convicting the serviceman of a premeditated crime or imposing upon the serviceman a penalty disabling him from continuation of service becomes effective;
4) his performance during a trial period when admitting him to service is given an unfavourable evaluation;
5) the serviceman incurs property damage to the national defence system by a deliberate and unlawful act;
6) a serviceman in professional military service violates the requirements and restrictions of Article 36 of this Law;
7) the term of validity of a contract on professional military service or a contract on volunteer military service expires or the serviceman attains the age specified in paragraph 4 of Article 45 or in paragraph 3 of Article 32 of this Law, where the period of service has not been extended in accordance with the established procedure;
8) the circumstances contravening the prohibitive provisions of this Law have been concealed, and it is not possible to eliminate those circumstances;
2. A contract on professional military service or a contract on volunteer military service may be terminated and/or a serviceman shall be dismissed from service in the national defence system at the initiative of the Ministry of National Defence or leadership of the Armed Forces when:
2) the number of servicemen is being reduced, a unit, service or another institution of the national defence system is being reorganised and/or when there are no available positions corresponding to the serviceman’s rank and qualification;
3) the serviceman disobeys a lawful order, is absent from service without leave or fails to perform his duties in a position to which he has been appointed (transferred);
4) the serviceman has violated, in the cases provided for by the Statute of Military Discipline, military discipline or failed to perform his duties;
5) it transpires and it is established that a serviceman is not capable of performing his duties due to his health condition;
6) it transpires and it is established that the serviceman does not hold the required qualification or the serviceman has been evaluated as unfit for service in accordance with the procedure laid down by Article 35 of this Law;
7) it is established that when on duty, the serviceman was under the influence of alcohol or intoxicated with narcotic, psychotropic or toxic substances;
9) through his own fault, the serviceman loses confidence to perform the military duties assigned to him and involving accounting, storage, receipt, issuance or transportation of monetary funds or material valuables;
10) the serviceman loses confidence, and the institutions or officials authorised by the law reasonably demand the serviceman’s dismissal from service or reasonably recommend that the serviceman is not issued an authorisation to access the information constituting state and official secrets (recommend to revoke this authorisation), when the position held by him requires this access and there are no other positions which are not related to the use of such information and to which the serviceman could be transferred;
12) at the recommendation of a commander (military superior) not lower than the commander of a unit, the Commander of the Armed Forces decides and the Minister of National Defence concurs that in the interests of service it is necessary to dismiss the serviceman;
13) the duration of his illness (temporary incapacity for work) exceeds 120 calendar days, where the capacity for work is impaired continuously, or 140 calendar days over the last 12 months, where the capacity for work is impaired intermittently, and where the illness is not related to an injury or a mutilation as a result of performance of official duties or to service.
3. The servicemen dismissed from professional or volunteer military service in accordance with subparagraph 1 of paragraph 1 of this Article shall not be transferred to the reserve or placed in retirement. By a decision of the Minister of National Defence, the servicemen dismissed from professional or volunteer military service in accordance with subparagraphs 2, 3, 8 and 9 of paragraph 1 of this Article, also in accordance with subparagraph 6 of paragraph 1 of this Article due to a violation of the restriction specified in paragraph 11 of Article 36 of this Law may be not transferred to the reserve and/or placed in retirement.
Article 39. Conditions of Termination of a Contract on Professional Military Service not Through the Fault of a Serviceman
1. At its own initiative or by its will, the leadership of the Ministry of National Defence or of the Army may, in the absence of a serviceman’s fault (subparagraphs 1, 2, 5, 6, 12 and 13 of paragraph 2 of Article 38 of this Law), terminate a contract on professional military service upon giving a notice to the serviceman at least two months in advance or without giving the notice, but subject to payment to the serviceman an additional compensation specified in paragraph 3 of Article 40.
2. A contract on professional military service may not be terminated and a serviceman man not be dismissed from military service in the cases specified in subparagraphs 1, 2, 5, 6 and 12 of paragraph 2 of Article 38 during his illness (temporary incapacity for work), provided the period of illness does not exceed four months.
3. In the cases provided for in subparagraphs 1, 2, 3, 4, 7, 8, and 9 of paragraph 1 and subparagraphs 3, 7, 8, and 13 of paragraph 2 of Article 38 of his Law, a contract on professional military service may be terminated and a serviceman may be dismissed from military service also during the period of his illness (temporary incapacity for work).
4. Where a decision is adopted to terminate a contract on professional military service in the cases provided in subparagraphs 5 and 6 of paragraph 1 and subparagraphs 4, 5, 6, 9, 10, 11 and 12 of paragraph 2 of Article 38 and paragraph 1 of Article 37 of this Law, and a serviceman becomes sick prior to the planned day of dismissal from military service, he may be dismissed also during the period of his illness. In this case, the day of his dismissal from military service shall be postponed until a day following the last day of illness, but not more than for 60 days.
Article 40. Severance Pay upon Dismissal of a Serviceman from Service
1. When a contract on professional military service is terminated at the initiative or by the will of the leadership not through the fault of a serviceman (subparagraphs 1, 2, 5, 6, 12 and 13 of paragraph 2 of Article 38 of this Law), when a professional military serviceman attains the age for transfer to the reserve as specified by this Law (subparagraph 7 of paragraph 1 of Article 38 of this Law), also when the term of validity of a fixed-term contract on professional military service expires and the serviceman to be transferred to the reserve is not entitled to a serviceman’s state pension, he shall receive a severance pay. The amount of the severance pay shall depend upon the length of the serviceman’s service in the national defence system:
2. When a contract on professional military service is terminated at the initiative or by the will of the leadership not through the fault of a serviceman (subparagraphs 1, 2, 5, 6, 12 and 13 of paragraph 2 of Article 38 of this Law), but the serviceman to be transferred to the reserve is entitled to a serviceman’s state pension, a severance pay in the amount of two months’ basic pay shall be paid to him regardless of the length of service in the national defence system.
3. All servicemen whose contract on professional military service is terminated not through their fault (subparagraphs 1, 2, 5, 6, 12 and 13 of paragraph 2 of Article 38 of this Law) and who do not receive a prior notice thereof shall be paid an additional compensation in the amount of one month’s basic pay, and a serviceman raising a child or children under the age of 14 years shall be pay an additional compensation in the amount of two months’ basic pay.
Article 41. Adjustment of Servicemen’s Ranks and Positions
1. The Minister of National Defence shall, taking into account recommendations of the Commander of the Armed Forces, establish lists of positions of institutions of the national defence system and the military ranks which servicemen need to hold to be appointed to the appropriate positions specified in the lists of positions.
2. Servicemen shall be appointed to a position commensurate with their rank. In specific cases and under the specific conditions specified by the Minister of National Defence, a serviceman may be appointed to a position requiring the next higher rank of a serviceman. When there are no available positions requiring an appropriate rank, the Minister of National Defence may, subject to a written consent of the serviceman, appoint him to a position requiring the next lower rank for a period of up to one year.
Article 42. Transfer of a Serviceman in Professional Military Service to Another Place of Service, Another Position or the Temporary Reserve
1. A serviceman in professional military service may be transferred to another position, another unit, combined unit or location or to the temporary reserve of the personnel of professional military service by a decision of the Minister of National Defence or his authorised commander. A serviceman is rotated to another position in accordance with the procedure laid down by the Minister of National Defence.
2. A serviceman in professional military service may be transferred to the temporary reserve of the personnel of professional military service in the following cases:
1) in the case of rotation, when transferring to another position – until transferred to another position, but for a period not exceeding two months;
2) in the case specified in paragraph 5 of this Article – for a period of employment at another state institution, but not later than attaining by the serviceman of the age of transfer to the reserve as specified in Article 45 of this Law;
3) in the case specified in paragraph 6 of this Article – during an illness or until the day of dismissal from service in the cases specified in this Law;
5) where a court reinstates the serviceman in professional military service – until the serviceman is appointed to a position, but for a period not exceeding two months;
6) in the case provided for in paragraph 3 of Article 49 of this Law – for a period of a traineeship or studies;
7) upon the serviceman’s return from the traineeship or studies indicated in paragraph 3 of Article 49 of this Law or from the position (service) indicated in paragraphs 3 and 5 of this Article – until he is appointed to another position, but for a period not exceeding one month;
8) in the case specified in paragraph 6 of Article 59 of this Law – for a period of a parental leave;
9) where the spouse of a serviceman appointed to a position (service) indicated in paragraph 3 of this Article or of a civil servant transferred to another position at Lithuanian diplomatic missions, consular posts and missions to international organisations, also to a position at international or foreign institutions, EU institutions or agencies is accompanying the spouse to his place of service – for a period specified by the Minister of National Defence, disregarding the procedure for fulfilling professional military service and the conditions of supply of servicemen as laid down by this Law.
3. A serviceman may, by an order of the Minister of National Defence and in accordance with the procedure laid down by the Government, be appointed for a period not exceeding 3 years to fulfil military service as a military representative, deputy or assistant thereof at a mission of the Republic of Lithuania to an international organisation or as a special attaché, deputy or assistant thereof at a diplomatic mission of the Republic of Lithuania or to fulfil military service at a military or defence institution of a foreign state or an international military or defence institution. The serviceman may be appointed to a position at a mission of the Republic of Lithuania to an international organisation or at a diplomatic mission of the Republic of Lithuania only subject to approval of the Minister of Foreign Affairs. The serviceman may be appointed to the position of a military representative at a mission of the Republic of Lithuania to an international organisation or of a special attaché at a diplomatic mission of the Republic of Lithuania only subject to approval of the Seimas Committee on National Security and Defence.
4. An officer in professional military service may, by an order of the Minister of National Defence, be transferred to the position of the head of the Lithuanian Riflemen’s Union, deputy head thereof or a unit’s commander.
5. The Minister of National Defence may, at the request of a state institution outside the national defence system and where it is necessary to perform the functions requiring a military qualification, assign an officer in professional military service to this institution for a period not exceeding three years disregarding the procedure for fulfilling professional military service and the conditions of supply of servicemen. Upon the expiry of this term, the Minister of National Defence may, at the request of the appropriate state institution, assign the serviceman to continue working at this institution, but for a period not exceeding two years.
6. Where a serviceman is on a sickness leave for more than 60 days, he may be dismissed from a position held by him prior to going on the sickness leave and transferred to the temporary reserve of the personnel of professional military service without a change in pay for the duration of the sickness leave.
7. The regulations of the temporary reserve of the personnel of professional military service shall be approved by the Minister of National Defence.
8. Where a serviceman is deprived of the right to access classified information and use it and cannot perform the duties relating to the use of such information, he may be transferred to another position not relating to the use of such information, provided such a position exists. Where no position not relating to the use of classified information appears until the expiry of the term for transfer to the temporary reserve of the personnel of professional military service as provided for in subparagraph 1 of paragraph 2 of this Article, the serviceman shall be dismissed from professional military service.
Article 43. Removal of a Serviceman in Professional Military Service from Office
Where a serviceman in professional military service violates, or is suspected of having violated, the procedure of service or discipline, provisions of the Code of an Officer’s Ethics or the circumstances arise contravening the interests of service, he may be removed from office by an order of a higher commander (superior officer). The serviceman removed from office may be transferred to the temporary reserve of the personnel of professional military service until a decision is adopted regarding continuation of this serviceman’s service. In this case, the serviceman may be transferred to the temporary reserve for a period not exceeding one month, and where investigation of the violation or other circumstances related to service requires additional time – until completion of the investigation and for a period of two weeks following it.
Article 44. Recovery of a Serviceman’s Education and Training Expenses
1. Where a cadet is expelled from a Lithuanian military training establishment or from a foreign military training establishment to which he was assigned by the Ministry of National Defence or refuses to conclude a contract on professional military service, his training expenses as calculated in accordance with the procedure laid down by the Government or an institution authorised by it shall be recovered from him in accordance with the procedure laid down by the law.
2. A serviceman whose contract on professional military service or contract on volunteer military service is terminated at his initiative prior to expiry of its term of validity or a serviceman whose contract on professional military service or contract on volunteer military service is terminated in the cases provided for in subparagraphs 1, 2, 3, 5, 6 and 8 of paragraph 1 and in subparagraphs 3, 4, 7, 8, 9, 10 and 11 of paragraph 2 of Article 38 of this Law shall be subject to recovery of the expenses of the national defence system directly relating to his education and training, professional training or improvement of qualifications in accordance with the procedure laid down by the law.
3. The expenses indicated in paragraph 2 of this Article, with the exception of the expenses relating to an officer’s training at a military school, shall be recovered for a period of not more than the last three years in respect of a serviceman in professional military service or a volunteer serviceman. The rules for calculating the expenses to be recovered shall be approved by the Government or an institution authorised by it.
4. The expenses indicated in paragraph 2 of this Article shall not be recovered where a serviceman terminates a contract on professional military service with the approval of the Minister of National Defence prior to expiry of its term of validity for the recognised valid reasons which are beyond the serviceman’s control and which cannot be eliminated.
5. When terminating a contract on professional military service or a volunteer serviceman’s contract prior to expiry of its term of validity, a serviceman must compensate for the residual value of the military clothing issued to him, with the exception of the cases when he is transferred to the reserve and retains the right to wear a uniform.
Article 45. Transfer to the Reserve of Servicemen in Professional Military Service
1. When a contract on professional military service is terminated on the grounds provided for in Articles 37 and 38 of this Law, with the exception of those indicated in paragraph 2 of this Article, or when the term of validity of the contract on professional military service expires and is not extended, a serviceman shall be dismissed from office, transfer his duties and be dismissed from professional military service not later than within 14 calendar days.
2. When a contract on professional military service is terminated due to invalidity (subparagraph 9 of paragraph 1 of Article 38 of this Law) or due to a health condition (subparagraph 5 of paragraph 2 of Article 38 of this Law), a serviceman shall be dismissed from his office and transferred to the reserve from professional military service not later than within 28 days.
3. A serviceman shall transfer his duties during a period from a dismissal from his office until the day of transfer to the reserve. During this period, he shall receive a serviceman’s basic pay.
Version of subparagraphs 1 and 2 before 1 January 2011:
Version of subparagraphs 1 and 2 after 1 January 2011:
2) with a rank between a corporal and a sergeant major (senior master sergeant) – at the age of 50 years;
5. Military chaplains may, regardless of their current rank, be transferred to the reserve upon attaining of the age of 60 years, and the chief military chaplain of the Army – 65 years.
Article 46. Extension of Service for the Servicemen who Have Attained the Age of Transfer from Professional Military Service to the Reserve
In some cases, the Minister of National Defence may, taking into account the needs of the national defence system, extend professional military service for a serviceman up to the rank of a colonel (captain (navy)) who has attained the age specified in paragraph 4 of Article 45 of this Law under a fixed-term contract on professional military service for a period not exceeding two years (or two extensions for a period of one year each). Upon the expiry of this term, the Minister of National Defence may repeatedly extend professional military service for a period not exceeding two years under such a contract solely for the officers up to the rank of a major (lieutenant commander).
Article 47. Retirement
1. Retirement shall be the status of a former active military service or reserve serviceman who has been permanently released from military conscription due to age or health condition.
2. The following servicemen shall be placed in retirement:
1) servicemen in professional military service upon their transfer to the reserve where by the time of their transfer to the reserve they have attained the age of 60 years;
2) reserve officers and generals (admirals), who are former servicemen in professional military service – upon attaining of the age of 60 years;
3) doctors (military doctors) entered in the individual reserve record file – upon attaining of the age of 60 years;
4) other servicemen entered in the individual reserve record file – upon attaining of the age of 55 years;
Article 48. Military Service Disputes and Settlement Thereof
1. The disputes regarding removal from office, transfer to another position, awarding of military ranks, imposition of disciplinary penalties, extension of a contract on military service and other disputes over military service, with the exception of the disputes referred to in paragraph 2 of this Article, shall be considered in accordance with the mandatory preliminary out-of-court procedure for examining disputes over military service as established by the Statute of Military Discipline. The final decision adopted upon examining a dispute in accordance with the mandatory preliminary out-of-court procedure for examining disputes over military service as established by the Statute of Military Discipline may be appealed against to a regional administrative court in accordance with the procedure laid down by laws within 20 days from the receipt of the decision or a notification of the decision.
2. The disputes regarding admission to military service, dismissal from professional military service or volunteer service, also expulsion from a military training establishment in the absence of a violation of discipline shall be heard by administrative courts in accordance with the procedure established by the Law on Administrative Proceedings.
3. Where a court establishes that a person has been dismissed from professional military service or from volunteer military service not on a ground provided for by this Law, the court may re-instate him to professional military service or to volunteer military service. A person re-instated by a court to professional military service or to volunteer military service shall be appointed to a position or placed in the temporary reserve of the personnel of professional military service in accordance with the procedure established by the legal acts regulating military service and shall receive a compensation for the entire duration of forced absence from service.
4. Where a person has been dismissed from professional military service on a ground provided for by this Law, but a court establishes that the dismissal procedure as laid down by legal acts has been violated, the court may not re-instate him to professional military service or to change the ground for his dismissal, however the court may award to the person dismissed from professional military service a pecuniary compensation equal to the basic pay for a period of up to three months irrespective whether or not a severance pay was due and had been paid to this person.
Article 49. Conditions of Traineeships and Studies of Servicemen
1. The procedure for selecting servicemen in professional military service, volunteer servicemen and cadets for a traineeship or studies shall be laid down by the Minister of National Defence.
2. The conditions of service and supply of servicemen in professional military service, volunteer servicemen and cadets during a traineeship or studies shall be established by the Government or an institution authorised by it.
Article 50. Certificate of Service of a Serviceman to be Transferred to the Reserve or Placed in Retirement
1. Every serviceman who is transferred to the reserve or is placed in retirement upon completion of mandatory or professional military service or is dismissed from professional military service in the cases provided for by this Law shall be issued a certificate attesting to the service fulfilled by him, evaluation thereof and the status upon completion of the service. The content and form of the certificate and the procedure for issuing it shall be laid down by the Minister of National Defence.
2. The certificate of a serviceman who completes service without the disciplinary and legal violations indicated in paragraphs 3 and 4 of this Article shall bear a record that he is transferred to the reserve (or placed in retirement) under honourable conditions.
3. Where a serviceman’s service record contains the entries concerning the disciplinary violations for which he was penalised twice or more frequently per year or where the serviceman is dismissed in the cases specified in subparagraphs 6, 7, 8 and 9 of paragraph 2 of Article 38 of this Law, the certificate shall indicate that he is transferred to the reserve (placed into retirement) upon completing his service (omitting the words “under honourable conditions”). The words “under honourable conditions” may also be omitted when a serviceman is dismissed in the case specified in subparagraph 12 of paragraph 2 of Article 38 of this Law.
4. The certificate of a serviceman who is dismissed from service for a disciplinary violation shall bear the words “dismissed for a disciplinary violation”.
5. The certificate of a serviceman who is dismissed for the reasons provided for in subparagraphs 1, 2, 3, 5 and 6 of paragraph 1 of Article 38 of this Law shall bear the words “dismissed for a violation of the law”.
6. The servicemen in professional military service and volunteer servicemen whose certificates bear the entries provided for in paragraphs 4 and 5 of this Article, also those who have been dismissed from service for the reasons relating to a breach of the oath shall not have the right to wear a reserve serviceman’s uniform on formal occasions.
Article 51. Specific Features of Service in Wartime
1. In wartime, servicemen shall be bound by a law declaring martial law and other laws concerning extraordinary situations as well as other legal acts.
Version of Article 52 before 1 January 2011:
Article 52. Servicemen’s Ranks
1. Military ranks shall be established in order to regulate mutual relations between servicemen of the national defence system and to designate their service experience and qualification. Only servicemen in active military service of the national defence system and the reserve servicemen entered in the record file of the national defence system, also those have been placed in retirement from service may have military ranks.
2. Servicemen shall be grouped by ranks as:
3. The following ranks of servicemen shall be established:
Servicemen of the Land Force, Special Operations Forces and the Military Air Force Servicemen of the Military Naval Force
2) sergeants and petty officers
sergeant petty officer 3rd class
staff sergeant petty officer 2nd class
sergeant first class petty officer 1st class
master sergeant master sergeant
3) non-commissioned officers
warrant officer chief petty officer
senior warrant officer senior chief petty officer
chief warrant officer master chief petty officer
4) junior grade officers
second lieutenant ensign
first lieutenant lieutenant junior grade
captain lieutenant (navy)
5) senior grade officers
major lieutenant commander
lieutenant colonel commander
colonel captain (navy)
Version of Article 52 after 1 January 2011:
Article 52. Servicemen’s Ranks
1. Military ranks shall be established in order to regulate mutual relations between servicemen of the national defence system and to designate their service experience and qualification. Only servicemen in active military service of the national defence system and the reserve servicemen entered in the record file of the national defence system, also those have been placed in retirement from service may have military ranks.
2. Servicemen shall be grouped by ranks as:
3. The following ranks of servicemen shall be established:
Servicemen of the Land Force, Servicemen of the Military Naval Force
Special Operations Forces and the Military Air Force
1) enlisted and seamen
private recruit seaman recruit
private seaman
private 1st class seaman 1st class
2) non-commissioned officers
corporal seaman apprentice
sergeant, sergeant specialist sergeant, sergeant specialist
sergeant 1st class, sergeant specialist 1st class sergeant 1st class, sergeant specialist 1st class
staff sergeant, staff sergeant specialist staff master sergeant (navy), staff master sergeant specialist (navy)
master sergeant master sergeant (navy)
sergeant major senior master sergeant (navy)
3) junior grade officers
second lieutenant ensign
first lieutenant lieutenant junior grade
captain lieutenant (navy)
4) senior grade officers
major lieutenant commander
lieutenant colonel commander
colonel captain (navy)
Version of Article 53 before 1 January 2011:
Article 53. Conferring of the Initial Rank to a Serviceman
1. A serviceman shall be conferred the initial rank of a private (seaman) upon commencing his service and taking the oath of a serviceman. Until the serviceman takes the oath, he shall be conferred a provisional rank of a private (seaman).
3. The initial rank to be conferred to an officer shall be conferred to the servicemen who have graduated from military training establishments of the Republic of Lithuania or of foreign states and have taken an officer’s oath. This rank shall also be conferred to the citizens of the Republic of Lithuania who have acquired higher education and have completed special military training courses.
4. The doctors who have completed officer’s training courses and are entering professional military service or who are fulfilling professional military service and complete the officer’s courses for doctors while in service or the lawyers who have at least a bachelor’s degree or an equivalent degree, also doctors may, in accordance with the same procedure, be conferred the higher rank of a first lieutenant or captain (lieutenant (navy)) instead of the initial rank of a second lieutenant (ensign).
Version of Article 53 after 1 January 2011:
Article 53. Conferring of the Initial Rank to a Serviceman
1. A serviceman shall be conferred the initial rank of a private recruit (seaman recruit) upon commencing his service and taking the oath of a serviceman. Until the serviceman takes the oath, he shall be conferred a provisional rank of a private recruit (seaman recruit).
3. The rank to be conferred to servicemen in professional military service who have acquired the basic military training and hold at least a non-university degree of higher education (or post secondary education) or a degree of specialised secondary education acquired before 1995 and who have been appointed to the position of a sergeant specialist according to the specialisation (qualification) held by them shall be a higher rank of sergeant specialist instead of the initial rank of a corporal.
5. The initial rank to be conferred to an officer shall be conferred to the servicemen who have graduated from military training establishments of the Republic of Lithuania or of foreign states and have taken an officer’s oath. This rank shall also be conferred to the citizens of the Republic of Lithuania who have acquired higher education and have completed special military training courses.
6. The doctors who have completed officer’s training courses and are entering professional military service or who are fulfilling professional military service and complete the officer’s courses for doctors while in service or the lawyers who have at least a bachelor’s degree or an equivalent degree, also doctors may, in accordance with the same procedure, be conferred the higher rank of a first lieutenant or captain (lieutenant (navy)) instead of the initial rank of a second lieutenant (ensign).
Article 54. Conditions of Conferring Higher Ranks
1. A higher rank may be conferred to a serviceman in active military service in accordance with selection principles and taking into consideration the structure and needs of the national defence system, also the limit numbers of generals (admirals) and senior grade officers as established by the Seimas and the lists of positions as specified by the Minister of National Defence. The criteria of and procedure for selecting servicemen for the conferral of a higher rank shall be laid down by the Minister of National Defence.
Version of subparagraphs 1-4 before 1 January 2011:
2) sergeant (petty officer 3rd class), staff sergeant (petty officer 2nd class) – for a period of at least one year;
3) sergeant first class (petty officer 1st class), master sergeant (master sergeant (navy)) – for a period of at least two years;
Version of subparagraphs 1-4 as of 1 January 2011:
3) corporal, sergeant, sergeant specialist, sergeant 1st class, sergeant specialist 1st class – for a period of at least two years;
4) staff sergeant, staff master sergeant (navy), master sergeant, master sergeant (navy) – for a period of at least three years;
3. Taking into account the needs of the national defence system, a certain number of the servicemen who have particularly distinguished themselves may be permitted to enter selection for the conferral of a higher rank prior to the time established in paragraph 2 of this Article, provided they have served at least half of this time, and in the case of doctors and lawyers holding the rank of first lieutenant (lieutenant junior grade) – provided they have served at least one-third of this time. A military chaplain who has the rank not higher than that of a lieutenant colonel may, upon appointment as Vicar General (Chief Chaplain) of the Armed Forces, be conferred a higher rank without applying the conditions laid down in paragraph 2 of this Article, as well as the conditions of this paragraph.
4. The ranks of senior grade officers and generals (admirals) shall be conferred to the servicemen who have a higher and special military education and possess knowledge of at least one of the NATO official working languages (English or French).
5. The rank of a colonel (captain (navy)) may be conferred to a serviceman who has served as the commander of a unit, combat ship or combined unit or the commander of a type of the forces or deputy thereof for a period of least one year. This requirement shall not apply to the officers who are medical, financial and law specialists and have at least a master's degree.
7. The rank of a major general (rear admiral) may be conferred to a brigadier general (rear admiral lower half) who has served as the brigadier general (rear admiral lower half) for a period of at least two years and has been appointed to a position corresponding to the rank of a major general (rear admiral).
8. Having regard to the number of generals and admirals as approved by the Seimas and in compliance with the conditions established in paragraph 4 of this Article, the rank of a brigadier general (rear admiral lower half) may be conferred to an officer who has served as a colonel (captain (navy)) for a period of at least three years and meeting the requirement set forth in paragraph 5 of this Article upon appointing him as the Chief of Defence Staff, the Chief of Joint Headquarters, the commander of a type of military forces or to another position corresponding to the rank of a general (admiral).
9. The Commander of the Armed Forces may, when he has served as a major general (rear admiral) for a period of at least two years, be conferred the rank of a lieutenant general (vice admiral).
10. Servicemen, with the exception of generals and admirals, may be conferred the next higher rank of an officer where they have at least two years of service left prior to attaining of the age specified for transfer to the reserve or their service has been extended in accordance with the conditions specified in Article 46 of this Law.
11. In wartime, the Minister of National Defence shall have the right, taking into account the existing circumstances, to establish other conditions for the conferral of higher military ranks of the servicemen fighting in the Armed Forces.
12. Active reserve servicemen may be conferred higher ranks when the servicemen have completed their training in accordance with the programs established by the Commander of the Armed Forces.
14. A citizen of the Republic of Lithuania who has the rank of a reserve officer of another state and is admitted to professional military service or entered in the active reserve record file of the Army shall be conferred a military rank taking into consideration the conclusions and recommendations of an advisory commission appointed by the Minister of National Defence (the evaluation as to whether the military qualification meets the needs of the national defence system according to requirements of the Lithuanian Armed Forces).
15. A citizen of the Republic of Lithuania who holds the official rank of an officer of institutions of the system of the interior or the State Security Department and is admitted to professional military service or entered in the active reserve register record file of the Army shall be conferred a military rank in accordance with the requirements of the Army regardless of the official rank held.
16. Under exceptional circumstances, when this is necessary to ensure subordination in accordance with a military rank in the event of appointing an officer to the position of a commander (superior officer), the Minister of National Defence shall have the right, at an earlier date and without adhering to the general conditions of conferring a higher military rank as laid down in this Article and in Article 55, to confer to the person appointed as the commander (superior officer) a provisional military rank of a senior grade officer, which would be one rank higher than the one presently held by him. The Minister of National Defence may also confer a provisional military rank to an officer appointed to a position abroad, provided this is necessary for the position to which he is appointed. A provisional rank of a general (admiral) shall be conferred by the President of the Republic on the recommendation of the Minister of National Defence, when this is necessary to ensure subordination or when this is necessary for the position to which a person is appointed.
17. A provisional military rank shall remain valid while an officer is holding a position in relation with the appointment to which this rank has been conferred. A permanent higher military rank shall be conferred to such an officer in compliance with the general conditions of this Article and Article 55, regardless of conferral of the provisional rank. An officer who has been conferred a provisional military rank shall be subject to the conditions of remuneration for service and supply corresponding to his permanent military rank.
Article 55. Right to Confer Military Ranks
1. The initial officer’s rank to the servicemen who have graduated from a military training establishment shall be conferred by the President of the Republic on the recommendation of the Minister of National Defence. In other cases, the initial officer’s rank shall be conferred by the Minister of National Defence.
Version of paragraph 3 before 1 January 2011:
3. In compliance with the limitations on the number of non-commissioned officers and master sergeants of specific ranks as specified by the approved lists of positions and the selection and qualification requirements as specified by the Minister of National Defence, ranks to servicemen in active military service shall be conferred by:
1) up to a master sergeant inclusive – by the commander of a unit with the rank of a senior grade officer;
2) up to a chief warrant officer (master chief petty officer) inclusive – by the next higher commander with the rank not lower than a lieutenant colonel (commander);
Version of paragraph 3 as of 1 January 2011:
3. In compliance with the limitations on the number of enlisted, seamen and non-commissioned officers of specific ranks as specified by the approved lists of positions and the selection and qualification requirements as specified by the Minister of National Defence, ranks to servicemen in active military service shall be conferred by:
1) up to a sergeant 1st class, specialist sergeant 1st class inclusive – by the commander of a unit with the rank of a senior grade officer;
2) up to a master sergeant (master sergeant (navy)) inclusive – by the next higher commander with the rank not lower than a lieutenant colonel (commander);
4. Taking into consideration the limitations on the number of officers of specific ranks as specified by the approved lists of positions and the selection and qualification requirements as specified by the Minister of National Defence, servicemen shall be conferred higher ranks of senior grade officers (with the exception of the cases specified in paragraphs 12, 14, and 15 of Article 54 of this Law and in paragraph 5 of this Article) on the recommendation of an advisory selection commission:
1) ranks of junior grade officers, with the exception of the initial rank of an officer – by an order of the Commander of the Armed Forces;
5. Servicemen at the Second Investigation Department shall be conferred higher ranks of an officer up to the rank of a lieutenant colonel (commander) inclusive by the Minister of National Defence.
6. In the cases provided for in paragraphs 12, 14, and 15 of Article 54 of this Law, officer’s ranks up to that of a colonel (captain (navy)) inclusive shall be conferred by the Minister of National Defence on the recommendation of the Commander of the Armed Forces, and in respect of the citizens of the Republic of Lithuania who are admitted into professional military service or entered in the active reserve record file of the Army in the cases provided for in paragraph 11 of Article 36 of this Law – on the recommendation of an advisory commission.
Article 56. Reduction or Deprivation of a Rank
1. In accordance with the procedure laid down in the Statute of Military Discipline, a serviceman may have his rank reduced for violations of service discipline. The rank may be reduced by an official who is senior by subordination to the official who has the right to confer an appropriate rank. The servicemen whose ranks may be conferred by the Minister of National Defence shall have their ranks reduced by the Minister of National Defence, and colonels (captains (navy)) and generals (admirals) shall have their ranks reduced by the President of the Republic.
2. A serviceman whose rank has been reduced may have his original rank re-instated in accordance with the procedure laid down by the statutes not earlier than six months following the reduction, provided his service is evaluated satisfactorily. A period during which the serviceman was absent from service due to a leave, studies or illness shall not be included in this term. The time of service as specified in paragraph 2 of Article 54 of this Law and required for the conferral of a rank higher than the one which has been reinstated shall be counted from the reinstatement of the previous rank to the serviceman.
3. The Minister of National Defence (in the case of colonels, captains (navy), generals and admirals - the President of the Republic) may deprive of a military rank where a serviceman is dismissed from service in accordance with subparagraph 1, 2 or 3 of paragraph 1 or subparagraph 3, 4 or 8 of paragraph 2 of Article 38 of this Law.
Article 57. Duration of Holding a Position by and Rotation of Officers and Generals (Admirals)
1. The Chief of Defence Staff, the Chief of Joint Headquarters, commanders of types of military forces and the Commander of the Volunteer Forces shall remain in office for a period not exceeding five years.
2. Other commanders, staff executive officers, also the servicemen who are heads of departments, services and divisions, other military officials shall normally remain in office for a period not exceeding three years from the date of their appointment. Upon expiry of this term, they shall be rotated to another position, with the exception of the cases where the Minister of National Defence decides that such a transfer is not possible or is not expedient due to a serviceman’s unique speciality, necessity or conditions of service.
3. When carrying out the rotation of the servicemen who have a unique speciality, their speciality shall normally be taken into account.
Article 58. Qualification Categories of Servicemen
1. Qualification of the servicemen with particular military specialities as specified by the Minister of National Defence may be identified by qualification categories.
Article 59. Servicemen’s Leave
1. Servicemen in professional military service shall, in accordance with the procedure laid down by labour legislation, be granted annual leave of the duration of 30 calendar days. The sequence of granting annual leave shall be specified in accordance with the procedure laid down by the Minister of National Defence. During annual leave, servicemen in professional military service shall be paid their average remuneration as calculated in accordance with the procedure laid down by the Government. At the request of a serviceman in professional military service or by a decision of his immediate commander (superior officer) and taking into consideration requirements for the readiness of a military element, annual leave may be granted in parts, however, one of the parts may not be shorter than 14 calendar days.
2. Servicemen in professional military service with the length of service of five years shall be granted additional three calendar days of the annual leave for each subsequent three-year period of professional military service, however the total duration of the annual leave may not exceed 5 calendar days.
3. Servicemen in professional military service shall be granted the following types of a special leave:
4. Servicemen in professional military service shall be granted maternity leave in accordance with the procedure laid down by labour legislation.
5. Male servicemen in professional military service shall be granted paternity leave of the duration specified by labour legislation at their request by a decision of their immediate commander (superior officer). Where the servicemen in professional military service serving at a military element of international operations may not be granted the paternity leave taking into consideration the location of the military element and requirements for readiness thereof, they shall be paid a one-time benefit in the amount of their average remuneration as calculated in accordance with the procedure laid down by the Government.
6. Servicemen in professional military service shall be granted parental leave in accordance with the procedure laid down by labour legislation at their request and by a decision of their immediate commander (superior officer) for a period until a child attains the age of three years, but not exceeding the term of expiry of a contract on professional military service of a serviceman who is granted the leave. Servicemen in professional military service serving in military elements of international operations shall, taking into consideration the location of a military element and requirements for readiness thereof, be granted a parental leave not later than within six months following filing of a request therefor. Upon granting the parental leave, a serviceman shall be dismissed from office and be transferred to the temporary reserve of the personnel of professional military service. The serviceman may return to service prior to completion of the leave subject to giving a written notice thereof not later than 14 days in advance to the Minister of National Defence or to his duly authorised commander (superior officer). Upon returning to service, the serviceman shall be appointed to a position commensurate with his rank.
7. Servicemen in professional military service shall be granted educational leave in accordance with the procedure laid down by labour legislation, having regard to readiness requirements of a military element. The educational leave shall be paid in the cases and in accordance with the procedure laid down by the Minister of National Defence.
8. Servicemen in professional military service may, by reason of appointment to a position or service as specified in paragraph 3 of Article 42 of this Law, be granted a relocation leave of up to five calendar days. During this leave, the servicemen in professional military service shall be paid their average remuneration as calculated in accordance with the procedure laid down by the Government.
9. The servicemen in professional military service who have returned from service in an international operation may, taking into consideration the duration and nature of service in the international operation, be granted a preventive rehabilitation leave of up to 15 calendar days. During this leave, the servicemen in professional military service shall be paid their average remuneration as calculated in accordance with the procedure laid down by the Government. The procedure for granting a preventive rehabilitation leave shall be laid down by the Minister of National Defence.
10. Servicemen in professional military service may, in accordance with the procedure laid down by the Minister of National Defence, be granted an unpaid leave of the duration of up to 15 calendar days solely due to extraordinary personal or family circumstances.
11. Volunteer servicemen may, during service in an international operation, be granted a paid leave of the duration of up to 15 calendar days, and the volunteer servicemen who have returned from service in an international operation may, taking into consideration the duration and nature of service in the international operation, be granted a paid leave for preventive rehabilitation of the duration of up to 15 calendar days. During the leave, the volunteer servicemen shall be paid the basic pay in the amount established for a serviceman in professional military service with an appropriate rank during the first year of service.
12. Servicemen in initial mandatory military service shall be granted a leave of the duration of nine calendar days, including travel days, twice in their service year. A serviceman in initial mandatory military service may be granted an additional leave of the duration of seven calendar days in the event of death of his spouse or close relatives, also upon the birth of a child. During the leave, servicemen in initial mandatory military service shall not be provided with meals, but they will be given a per diem allowance in the amount specified by the Government.
13. Cadets shall be granted a leave in accordance with the procedure laid down by a military training establishment at which they study.
15. In the event of a service-related necessity, a commander (superior officer) who has granted a leave may recall a serviceman from the leave in accordance with the procedure laid down by the Minister of National Defence. A serviceman may not be recalled from maternity leave.
Article 60. Basic Pays, Bonuses and Benefits of Servicemen
1. Servicemen in initial mandatory military service shall be paid a monthly benefit for household needs in the amount specified by the Government. Twice a year (on the occasion of Christmas and Easter holidays), they shall be paid holiday premiums in the amount specified by the Government.
2. The payment procedures for professional military servicemen shall be laid down by this Law. The conditions of remuneration of civilian civil servants shall not apply thereto.
3. The amount of the basic pay of a professional military serviceman shall be determined by the serviceman’s rank and the number of years served in that rank. The amount of the basic pay of the professional military servicemen serving at the Second Investigation Department under the Ministry of National Defence shall depend on their position, military rank and the length of direct service within the national defence system as well as other institutions indicated in paragraph 3 of Article 3 of the Law on Operational Activities.
4. Certain positions of servicemen in professional military service involving an increased degree of responsibility as a commander (not lower than a battalion commander) or specific features of the position shall be subject to payment of position-related bonuses in addition to a basic pay. The bonuses shall be paid for as long as a serviceman holds this position.
5. The amounts of basic pays of servicemen in professional military service, also the list of the positions which are subject to payment of a position-related bonus and the amounts of the bonuses corresponding to this position shall be specified by the Government. The Government may also establish bonuses for the servicemen who hold qualification categories of unique military specialities.
6. Twice a year (on the occasion of Christmas and Easter holidays), servicemen in professional military service shall be paid holiday premiums in the amount of up to one month’s basic pay (without a position-related bonus). The amount of the holiday premiums in proportion to the amount of remuneration received and the procedure for granting the premiums shall be established by the Minister of National Defence.
7. Volunteer servicemen and conscripts in the active reserve drafted for exercises, training or to perform service assignments shall be paid the salary of a reserve serviceman for the days of service from the appropriations allocated in the budget of the Ministry of National Defence for these purposes. The amounts of salaries of reserve servicemen shall be established by the Government.
8. The Minister of National Defence may grant pecuniary premiums or award nominal gifts to the servicemen who have particularly distinguished themselves in service.
Article 61. Conditions of Servicemen’s Service Abroad or during International Operations
The conditions of servicemen’s service during preparation for international operations and during international operations, also of service in the cases specified in paragraph 3 of Article 42 of this Law shall be established by the Government or an institution authorised by it.
Article 62. Servicemen’s Uniforms and Insignia
1. The standards of servicemen’s uniforms and insignia shall be approved by the Government on the recommendation of the Minister of National Defence. The procedure for wearing a uniform of active service servicemen shall be laid down by the Minister of National Defence on the recommendation of the Commander of the Armed Forces.
2. The Minister of National Defence may, when transferring a serviceman to the reserve, grant to him the right to wear on ceremonial occasions a serviceman’s uniform with a reserve serviceman’s distinctive insignia. The distinctive insignia of a reserve serviceman shall be established by the Minister of National Defence.
3. When a volunteer serviceman is transferred to the reserve, he may be granted the right to wear on formal occasions a uniform with a reserve serviceman’s insignia.
4. The reserve servicemen who had the right to wear a uniform on ceremonial occasions prior to their retirement shall be allowed to wear it also upon retirement, however, they must wear the insignia of a retired serviceman as established by the Minister of National Defence.
5. The procedure for wearing the uniform of reserve and retired servicemen shall be laid down by the Commander of the Armed Forces. In the cases specified by the Statute of Military Discipline, the right of a reserve or retired serviceman to wear a uniform may be deprived for a violation of discipline.
6. Servicemen may purchase the uniforms intended for formal occasions using their own funds. Samples of such uniforms shall be approved by the Minister of National Defence.
7. The persons who unlawfully wear a military uniform (where they do not have the right therefor) shall be held liable under the law.
8. The manufacturing of military badges or insignia or other badges or insignia of the national defence system other than those ordered by the Ministry of National Defence or the Armed Forces shall be forbidden. The Ministry of National Defence shall have the exclusive right to handle these badges and insignia.
Article 63. Supplying Servicemen with Clothing, Food and Official Living Accommodation
1. The conditions and standards of supplying of servicemen with clothing shall be established by the Government or an institution authorised by it.
2. Servicemen in initial mandatory military service shall be provided with a common living accommodation in the barracks.
3. Volunteer servicemen and active reserve conscripts who have been drafted for exercises, training or to perform service assignments shall be provided with a common official living accommodation.
4. The servicemen in professional military service who themselves or whose spouse, children and adopted children do not hold in that location of service by the right of ownership any apartment, house or a part thereof meeting technical and sanitary requirements and have not conveyed it within the last five years (with the exception of conveyance due to dissolution of marriage) shall be provided with repaired official apartments (singles or the servicemen whose families are not able to move to the place of the serviceman’s service – with a separate official living accommodation) which have been equipped according to conditions of that location and meeting technical and sanitary requirements from the stock of official apartments possessed by the Ministry of National Defence in an appropriate location. Servicemen in professional military service – privates and corporals – shall be provided with a living accommodation in the barracks. For an official apartment (living accommodation) provided, servicemen shall not pay a rent fixed under a living accommodation rent agreement, with the exception of a charge for the space that exceeds the space standards of the official apartments provided to servicemen for free as established by the Government or an institution authorised by it. Servicemen shall pay themselves for electricity, communications and all utilities in accordance with the rates established in that location.
5. A part of official apartments of the national defence system may be reserved for the servicemen holding certain positions of commanders (superior military officers) as specified by the Government. A serviceman shall be entitled to such an apartment for as long as he holds an appropriate position. Upon transfer of a serviceman to another position or upon transferring him to the reserve, the serviceman must vacate the apartment not later than within 30 days.
6. A serviceman who has been transferred to serve in another location shall, not later than within 30 days, vacate the official apartment (official living accommodation) occupied in the former location of service. An official apartment shall be provided to the serviceman in the new location under the conditions specified by this Article.
7. A serviceman may use an official apartment (official living accommodation) for as long as he serves in professional military service. Upon dismissal from the national defence service (transfer to the reserve), the serviceman must vacate the official apartment (official living accommodation) not later than within 30 days. In the cases, under the conditions and in accordance with the procedure established by the Government, a period laid down in paragraph 5 of this Article may be extended by the Minister of National Defence.
8. Where a serviceman does not comply with the requirements set forth in paragraphs 5 and 7 of this Article, he shall be punished under the law and shall be evicted without suing for claims from an official apartment (official living accommodation) together with the persons living in that apartment.
9. The servicemen in professional military service who have not been provided with an official apartment (singles – with a separate official living accommodation) shall, in order to compensate for the cost of maintenance of the living accommodation, be paid a rent allowance in the amount established by the Government from the funds allocated to the Ministry of National Defence. When the servicemen having families are transferred to serve in another location and they are provided at the place of service with a separate official living accommodation designated only for singles, while their families live in an non-official apartment in another location and are not able to move to the place of a serviceman’s service, a part of the rent allowance in the amount established by the Government shall be paid.
10. Officers in professional military service and the non-commissioned officers who have concluded a service contract of indefinite duration and who have at least ten years of service left prior to their transfer to the reserve as established in Article 45 of this Law, also other servicemen in professional military service who have served within the national defence system for at least five years without a break in service and their contract on professional military service has been extended and who have at least ten years of service left prior to their transfer to the reserve as established in Article 45 of this Law (taking into consideration a possible promotion) may make use of the Government’s guarantee and receive a credit on concessionary terms established by the said guarantee for the construction or purchase of a dwelling.
11. Servicemen in initial mandatory military service shall be supplied with food in accordance with the physiological nutrition standards as established by the Government or an institution authorised by it. In the cases when servicemen in initial mandatory military service are released from service by a decision of a unit’s commander and are authorised to leave the unit for more than one day, a pecuniary reimbursement of expenses for meals in the amount established for professional military servicemen shall be paid to them for the days free of service.
12. Servicemen in professional military service, with the exception of the servicemen sent to foreign training establishments or to a place of service abroad where complete supply is provided, also defence attaches at offices, headquarters or other foreign institutions and the servicemen serving at Lithuanian institutions outside the national defence system shall be provided with food according to the physiological nutrition standards established by the Government or an institution authorised by it or shall be paid a pecuniary reimbursement of expenses for meals in the amount established by the Government.
13. Volunteer servicemen and active reserve conscripts shall, during the period of exercises, training or performance of service assignments, be provided with food according to the physiological nutrition standards established by the Government or an institution authorised by it or shall be paid a pecuniary reimbursement of expenses for meals in the amount established by the Government.
Article 64. Postal, Travel and Relocation Expenses of Servicemen
1. Postal items of the servicemen fulfilling mandatory military service shall be paid from the State budget funds allocated for these purposes to the Ministry of National Defence.
2. Servicemen in professional military service who are transferred to another location shall have their relocation expenses covered in accordance with the standards established by the Government or an institution authorised by it.
3. Servicemen in professional military service who, in performing a service duty assigned by a commander (superior military officer), travel to another location in the territory of Lithuania by any mode of passenger transport (with the exception of taxi) shall have their travel expenses reimbursed in accordance with the procedure established by the Minister of National Defence.
4. When servicemen in professional military service do not own a dwelling in the location of their service and it is not possible or it is not expedient to transport them to the place of service and back by duty vehicles, the Minister of National Defence may, by issuing an order, allow reimbursement of their travel expenses from the place of residence to service and back by passenger transport (with the exception of taxi). Where in such cases a serviceman travels by his own vehicle, the Minister of National Defence may, by issuing an order, allow reimbursement of travel expenses in accordance with the rates established for passenger transport. The Minister of National Defence may, by issuing an order and under the same terms and conditions, allow reimbursement of expenses of a travel once per week to the family’s place of residence and back for the servicemen who are provided at the place of service with a separate official living accommodation designated for singles only, while their families live in an non-official apartment in another location. These expenses may be reimbursed on a temporary basis until a serviceman is provided with an official apartment at his location of service. While the serviceman is reimbursed for travel expenses, he shall not receive a rent allowance specified in paragraph 9 of Article 63.
5. When a serviceman in professional military service is recalled from a leave, he shall be reimbursed for expenses of his travel from the place of leave within the territory of Lithuania to the place of service and for expenses of his travel back to the place of leave.
6. Servicemen in initial mandatory service shall, from the funds allocated to the Ministry of National Defence, have their expenses of travel by any mode of passenger transport (with the exception of taxi) reimbursed:
4) to attend the funerals of family members, guardians or immediate relatives, subject to the consent of commanders;
7. Volunteer servicemen and active reserve conscripts who have been drafted for exercises, training or to perform service assignments shall have their travel expenses to service and back, also travel expenses to perform official duties reimbursed from the funds allocated to the Ministry of National Defence in accordance with the procedure established by the Government or an institution authorised by it.
Article 65. Health Care of Servicemen
1. The health care of servicemen in initial mandatory military service, cadets, servicemen in professional military service and activities of their health promotion, also the medical rehabilitation services of the reserve servicemen participating, in accordance with the procedure laid down by laws and other legal acts, in a programme of social adaptation, medical rehabilitation and vocational guidance concerning other areas of activity shall be financed from funds of the state budget allocated to the Ministry of National Defence. The groups of personal health care services provided to other persons (family members of servicemen in mandatory military service, cadets, servicemen in professional military service and volunteer servicemen, servicemen placed in retirement, also the civil servants of the national defence systems who have participated in international missions and employees working under employment contracts and their family members) and the terms and conditions of provision of these services shall be established by the Minister of National Defence.
2. The health care of volunteer servicemen and other active reserve servicemen during their service, exercises and training, also following the exercises or training, if the health disorder occurred for the reasons relating to the serviceman’s service, shall be financed from the funds of the state budget allocated to the Ministry of National Defence.
3. The Ministry of National Defence shall organise the activities of health promotion of the servicemen and other persons indicated in paragraphs 1 and 2 of this Article and shall carry out their personal health care through health care institutions of the national defence system and by using the services rendered and works performed by other personal or public health care establishments of the national health care system. They shall be settled for in accordance with the procedure laid down by the Government.
4. Expenses of the rehabilitation of servicemen following an injury or illness relating to performance of official duties and effective health care services shall be covered from the funds allocated from the state budget to the Ministry of National Defence.
5. The procedure for examining the health of military conscripts, the persons admitted into active military service or combat platoons of the Lithuanian Riflemen’s Union and servicemen in active military service, selecting according to the health condition and providing health care shall be laid down by the Government or an institution authorised by it.
Article 66. Servicemen’s Insurance
1. The life and health of servicemen shall be covered by mandatory insurance against accidents during service from funds of the state budget:
1) servicemen in initial mandatory military service – from the day of acquiring a serviceman’s status until the day of transfer to the reserve;
2) servicemen in professional military service – from the day of admission to professional military service until the day of transfer to the reserve;
2. Where an accident occurs in the course of commission of a premeditated criminal act by a serviceman, in the event of his failure to obey a lawful order through intent or gross negligence, also where the cause of a serviceman’s death or health disorder was the serviceman’s intoxication with alcohol, narcotic, psychotropic or noxious substances, where a serviceman has committed a suicide, attempted a suicide or intentionally injured himself, or where the cause of a serviceman’s death or health disorder was driving of a vehicle without an authorisation to drive it or allowing to drive it a person intoxicated with alcohol, narcotic, psychotropic or noxious substances or not authorised to drive it, insurance benefits shall not be paid. Insurance benefits shall not be paid also in other cases when an event is not recognised as insured in accordance with the procedure laid down by the Government.
3. The conditions of and the procedure for recognising insured events in military service, the amount of insurance payments according to the degree of health impairment, also the payment procedure shall be established by the Government or an institution authorised by it.
4. A serviceman in initial mandatory service shall be insured at the minimal monthly wage rate in the month of an insured event as approved by the Government and multiplied by 12.
5. A volunteer serviceman or another active reserve serviceman shall be insured in the amount equal to his one month’s basic pay as an active reserve serviceman paid in the month of an insured event and multiplied by 12, but not exceeding an amount greater than the minimum monthly wage rate established by the Government for a period of 36 months.
6. A professional military serviceman shall be insured in the amount equal to his one month’s basic pay as a professional serviceman paid in the month of an insured event and multiplied by 12, but not exceeding the minimum monthly wage rate established by the Government for a period of 48 months.
Article 67. Compensations in the Event of a Serviceman’s Death or Health Disorder
1. A serviceman who becomes disabled while in the performance of official duties or due to service or a serviceman who does not become disabled, but has had lasting effects owing to a health disorder and the degree of his fitness for service has been reduced shall be paid a one-time compensation in the amount specified in paragraphs 5, 6, 7, 8, 9 and 10 of this Article, which shall be reduced by the amount of payable state budget insurance payments. In the event of a serviceman’s death for the reasons relating to performance of official duties or due to service, he shall be paid a one-time compensation in the amount specified in paragraph 11 of this Article reduced by the amount of payable state budget insurance payments. These compensations shall be paid from the funds of the state budget allocated to the Ministry of National Defence.
2. The compensations specified in this Article shall not be paid where a serviceman perishes or his health is impaired while committing a premeditated criminal act or another offence, disobeying a lawful order, not complying with technical safety requirements or job description requirements, also where the cause of the serviceman’s death or health disorder has been intoxication with alcohol, narcotic, psychotropic or noxious substances, where the serviceman has committed a suicide, attempted to commit a suicide or has intentionally injured himself.
3. The degree of severity of a serviceman’s health impairment shall be determined by the Military Medical Expert Examination Commission of the Lithuanian Army formed and acting in accordance with the procedure laid down by the Government. The causal relationship between the serviceman’s death or health disorder and performance of official duties or service shall be determined by an official investigation commission formed by the Minister of National Defence. The rules of procedure thereof shall be specified by the Minister of National Defence.
4. The decisions of an official investigation and military medical expert examination commissions may be appealed against to court within ten days from the delivery of the conclusions to a serviceman or to other persons indicated in paragraph 12 of this Article or representatives thereof.
5. A serviceman who has become disabled and has lost 85-100% of capacity for work due to an injury or illness shall be paid a one-time compensation in the amount of 60 one month’s basic pays (without bonuses) as established for a professional military serviceman with an appropriate rank during the first year of service. A cadet shall be paid a one-time compensation in the amount of 60 one month’s basic pays (without bonuses) as established for a private in professional military service during the first year of service. The compensation may be paid in instalments, but not longer than for a period of 30 months.
6. A serviceman who has become disabled and has lost 65-80% of capacity for work due to an injury or illness shall be paid a one-time compensation in the amount of 48 one month’s basic pays (without bonuses) as established for a professional military serviceman with an appropriate rank during the first year of service. A cadet shall be paid a one-time compensation in the amount of 48 one month’s basic pays (without bonuses) as established for a private in professional military service during the first year of service. The compensation may be paid in instalments, but not longer than for a period of 24 months.
7. A serviceman who has become disabled and has lost 45-60% of capacity for work due to an injury or illness shall be paid a one-time compensation in the amount of 36 one month’s basic pays (without bonuses) as established for a professional military serviceman with an appropriate rank during the first year of service. A cadet shall be paid a one-time compensation in the amount of 36 one month’s basic pays (without bonuses) as established for a private in professional military service during the first year of service. The compensation may be paid in instalments, but not longer than for a period of 18 months.
8. Where in the event of a severe health impairment due to an occurred injury and following a medical treatment a serviceman does not become disabled, but has had lasting effects and his degree of fitness for service has changed as determined after the lapse of 12 months following cure of the occurred injury, he shall be paid a one-time compensation in the amount of 24 one month’s basic pays (without bonuses) of a professional military serviceman with an appropriate rank during the first year of service. Where in the event of a severe health impairment due to an occurred injury and following a medical treatment a cadet does not become disabled, but has had lasting effects and his degree of fitness for military service has changed as determined after the lapse of 12 months following cure of the occurred injury, and the change in this degree prevents the cadet from continuing studies at a military training establishment, he shall be paid a one-time compensation in the amount of 24 one month’s basic pays (without bonuses) of a private in professional military service during the first year of service. The compensation may be paid in instalments, but not longer than for a period of 12 months.
9. Where in the event of a less severe health impairment due to an occurred injury and following a medical treatment a serviceman does not become disabled, but has had lasting effects and his degree of fitness for military service has changed as determined after the lapse of six months following cure of the occurred injury, he shall be paid a one-time compensation in the amount of 18 one month’s basic pays (without bonuses) of a professional military serviceman with an appropriate rank during the first year of service. Where in the event of a less severe health impairment due to an occurred injury and following a medical treatment a cadet does not become disabled, but has had lasting effects and his degree of fitness for military service has changed as determined after the lapse of six months following cure of the occurred injury, and the change in this degree prevents the cadet from continuing studies at a military training establishment, he shall be paid a one-time compensation in the amount of 18 one month’s basic pays (without bonuses) of a private in professional military service during the first year of service. The compensation may be paid in instalments, but not longer than for a period of 12 months.
10. Where in the event of a non-severe health impairment due to an occurred injury and following a medical treatment a serviceman does not become disabled, but has had lasting effects and his degree of fitness for military service has changed as determined after the lapse of three months following cure of the occurred injury, he shall be paid a one-time compensation in the amount of 12 one month’s basic pays (without bonuses) of a professional military serviceman with an appropriate rank during the first year of service. Where in the event of a non-severe health impairment due to an occurred injury and following a medical treatment a cadet does not become disabled, but has had lasting effects and his degree of fitness for military service has changed as determined after the lapse of three months following cure of the occurred injury, and the change in this degree prevents the cadet from continuing studies at a military training establishment, he shall be paid a one-time compensation in the amount of 12 one month’s basic pays (without bonuses) of a private in professional military service during the first year of service. The compensation may be paid in instalments, but not longer than for a period of 12 months.
11. In the event of a serviceman’s death, a one-time compensation shall be paid in the amount of 120 one month’s basic pays (without bonuses) as established for a professional military serviceman with an appropriate rank during the first year of service, which shall not be less than 100 minimum monthly salaries as established by the Government per each dependant of the serviceman. In the event of a cadet’s death, a one-time compensation shall be paid in the amount of 120 one month’s basic pays (without bonuses) as established for a private in professional military service during the first year of service, which shall not be less than 100 minimum monthly salaries as established by the Government per each dependant of the cadet. In all cases, the total amount of the compensation paid upon the death of a serviceman (cadet) may not exceed LTL 350 000. The compensation may be paid in instalments, but not longer than for a period of 36 months.
12. In accordance with paragraph 11 of this Article, the compensation shall be paid in equal instalments to the perished person’s spouse, father, mother and each dependant of the serviceman. The persons incapable of working who were maintained or had the right to be maintained by the deceased on the day of his death, also children of the deceased born after his death, adolescent children until they attain the age of 16 years, and full-time students of the educational establishments registered in accordance with the established procedure until they attain the age of 24 years, also disabled persons shall be considered as dependants.
13. The Ministry of National Defence may, in accordance with the procedure laid by legal acts, insure its civil liability in the cases of a serviceman’s death and his health disorder.
14. The procedure for paying the compensations indicated in this Article shall be laid down by the Government or an institution authorised by it.
Article 68. Social and Other Military Service Guarantees
1. From the budget appropriations allocated to the Ministry of National Defence, servicemen shall be granted the social and other guarantees related to military service as specified by this and other laws as well as the procedure for granting them. In this case, the laws specifying the social guarantees of civil servants and other civilian employees shall not apply. Guarantees shall apply to a serviceman under other laws, unless this law provides otherwise.
2. The sickness allowance paid to servicemen in professional military service in the amount of the average salary or part thereof, the largest reimbursable amount of earnings and the duration of payment thereof as well as other terms and conditions shall be established in compliance with the provisions of the Law of the Republic of Lithuania on Sickness and Maternity Social Insurance.
3. A volunteer serviceman or another active reserve serviceman who has temporarily lost his capacity for work after he was drafted for exercises, training or performance of other service assignments and who is unemployed and does not have other insured income shall be paid, during the period of temporary incapacity for work, but not longer than for four months, a temporary incapacity benefit in the amount of 100% of the active reserve serviceman’s monthly basic pay from the state budget funds allocated to the Ministry of National Defence.
4. The servicemen who perish during active military service under the circumstances relating to service shall be buried at the expense of the State. A description of the funeral expenses financed by the State shall be established by the Government or an institution authorised by it. If a serviceman perishes during active service under other circumstances or due to an illness, the family members or close relatives of the serviceman who bury the serviceman shall be allocated assistance in the amount of half of the sum designated for burial expenses as established by the Government to partly cover the burial expenses.
5. A serviceman who perishes during active military service for the reasons relating to service or who dies due to an illness during active military service, subject to the consent of his family (close relatives), may have a tombstone of the standard model as approved by the Minister of National Defence erected with the funds of the Ministry of National Defence. Where the serviceman’s close relatives bury the serviceman who has perished or died in a family grave and erect a tombstone other than the serviceman’s tombstone, the Ministry of National Defence shall cover a part of the expenses incurred not exceeding the value of a serviceman’s tombstone.
Version of paragraph 6 before 1 July 2011:
6. During maternity leave as provided for in Article 59 of this Law, servicemen in professional military service shall be paid their average salary as calculated in accordance with the procedure laid down by the Government, whereas during parental leave for each child from the end of the maternity leave until the child attains the age of one year – 100%, and until the child attains the age of two years – 85% of their average salary calculated in accordance with this procedure. Benefits shall be paid during parental leave irrespectively of a child in respect whereof the parental leave has been granted. Where two and more children are born to a serviceman in professional military service, and he is on parental leave in respect of these children, the benefit shall be increased taking into consideration the number of children born simultaneously (in the event of birth of twins – twofold, in the event of birth of a triplet – threefold, etc.). A benefit for the period of maternity shall be increased in accordance with the same procedure. Where a servicewoman in professional military service who receives a benefit during paternal leave is granted maternity leave and she becomes entitled to receive a benefit during the maternal leave, she shall be paid both benefits.
Version of paragraph 6 after 1 July 11:
6. During the maternity leave, paternity leave and parental leave provided for in Article 59 of this Law, servicemen in professional military service shall be paid their average salary as calculated in accordance with the procedure laid down by the Government, or a part thereof. The amount of the average salary or part thereof, the largest reimbursable amount of earnings and the duration of payment thereof shall be established in compliance with the provisions of the Law of the Republic of Lithuania on Sickness and Maternity Social Insurance.
7. Where a serviceman in professional military service who was or has been granted a parental leave until a child attains the age of two years receives a salary lower than the benefit indicated in paragraph 6 of this Article (total amount of such benefits), a difference between this benefit (the total amount of such benefits) and the basic pay received by him for an appropriate month shall be paid.
Paragraph 7 shall be repealed as of 1 July 2011.
Paragraph 8 shall be repealed as of 1 July 2011.
9. Servicemen in initial mandatory service who hold by the right of ownership or rent an apartment (residential house) from the dwelling stock of the State or a municipality, also the low-income families of servicemen in initial mandatory military service shall, during a serviceman’s service and in accordance with the procedure and under the conditions laid down by the Government from the appropriations earmarked in the state budget for the Ministry of National Defence, have a part of the apartment’s (residential house’s) heat supply expenses and the expenses relating to maintenance of the house’s common several ownership reimbursed. Where a serviceman in initial mandatory military service presents a certificate of the form specified by the Minister of National Defence and signed by the commander of a military element in which he is fulfilling service, he shall be exempted from payment of charges for the utilities not used by the serviceman (removal of waste, use of a lift, cleaning of common use premises and the territory, etc.).
Version of the title of the Article before 1 January 2012:
Article 69. Incentives for the Servicemen who Have Fulfilled Mandatory Military Service
Version of the title of the Article after 1 January 2012:
Article 69. Incentives for the Servicemen who Have Fulfilled Military Service
1. The persons who have fulfilled mandatory military service under honourable conditions and who meet the admission requirements shall have the right of priority for admission to national defence and police officer’s training establishments, also to service with the police, the State Security Department, postal institutions and railway. In the cases when other admission conditions are equal, they shall have priority to be admitted to governmental training establishments.
Version of paragraph 2 before 1 January 2012:
Version of paragraph 2 after 1 January 2012:
2. A serviceman who has fulfilled service under honourable conditions for at least four years shall, upon transfer to the reserve, have additional privileges as established by other laws. Under the terms and conditions and in accordance with the procedure laid down by the Government or an institution authorised by it, tuition fees, or a part thereof, may be paid for his studies of a duration not exceeding four years in higher education institutions, where these are his first studies in Lithuania’s higher education institution under a principal or an integrated study programme.
3. A volunteer serviceman who has served in an exemplary manner as a volunteer for a period of at least five years and has attained the maximum age for service in the active reserve shall, upon transfer to the reserve, be granted a premium for exemplary service. The amount of the premium shall be determined by the commander taking into account the serviceman’s service and not exceeding the following maximum amounts:
1) in respect of a volunteer serviceman who has served for five up to ten years – up to the amount of two one month’s basic pays of an active reserve serviceman as established by the Government;
Article 70. Servicemen’s Pensions
1. Professional military servicemen shall be covered by state social pension insurance, and those of them who have served the number of years as required by the law and have been transferred to the reserve shall be eligible to receive a serviceman’s state pension.
2. The servicemen who have become invalids in relation with their service shall be entitled to receive a serviceman’s state invalidity pension.
3. The conditions and procedure governing the awarding and payment of pensions to servicemen shall be established by the laws regulating the procedure for awarding and paying pensions.
Article 71. Civilian Service in the National Defence System
1. Civil servants of the national defence system shall be categorised into:
1) statutory civil servants fulfilling civilian national defence service under contracts on civilian national defence service;
2. Civilian national defence service shall, in accordance with the established procedure, be fulfilled at institutions of the national defence system, other state institutions, also at the military and defence institutions of foreign states and international military and defence institutions, when it is not necessary to be a professional military serviceman to perform official functions, however it is necessary to possess a special knowledge and/or experience in the national defence system, and statutory relations are required due to the specific features of services or the functions performed.
3. Taking into account the conditions of paragraph 2 of this Article and the necessity to ensure the high qualification and stability of the civilian personnel of the national defence system, the Government may establish restrictions regarding a part of civil servants of the national defence system who may be subject to the terms and conditions of a contract on civilian national defence service. In compliance with these restrictions, the Minister of National Defence shall establish positions of statutory civil servants of the national defence system.
Article 72. Specific Features of Civilian National Defence Service
1. Servants in civilian national defence service shall:
1) be subject to the prerequisites and restrictions provided for in Article 73 of this Law and the requirements and conditions specified in the Statute of Civilian National Defence Service. The servants in civilian national defence service at the Second Investigation Department under the Ministry of National Defence shall be subject to the requirements and conditions specified by the statute of service at this department;
2) be entitled to receive qualification categories in accordance with the procedure laid down by the Statute of Civilian National Defence Service or the Statute of Service at the Second Investigation Department under the Ministry of National Defence;
2. The servants with whom a contract on civilian national defence service is concluded shall, in accordance with the procedure established by the Government, be subject to the supply provisions and social guarantees as provided for professional military servicemen in Article 66 and in paragraph 4 of Article 68 of this Law. They may also be subject to the conditions of provision with an official apartment as provided for in paragraphs 4, 5, 6, 7 and 8 of Article 63. The supply conditions and social guarantees as provided for in these paragraphs shall apply in accordance with the same procedure as to professional military servicemen, with the exception of a rent charge for an official apartment paid by them in accordance with the general procedure laid down for civil servants.
3. Employees must release the persons who have entered civilian national defence service in a military element of international operations from work during their preparation for service in international operations and during service in the international operations. During this period, it shall be prohibited to notify such persons of termination of an employment contract and dismiss from office, with the exception of the cases specified in paragraph 1 of Article 136 of the Labour Code.
4. In accordance with the procedure established by laws and other legal acts, the persons who are entering or have entered civilian national defence service must, in a questionnaire of the content specified within the national defence system, provide data about themselves, their connections and interests that may be of relevance to protection of state secrets, performance of the duties relating to service or be a potential cause of a conflict of interest. These data provided shall be verified. A person who conceals or deliberately provides incorrect data shall be held liable under the law. The person who conceals or deliberately provides incorrect data may have his contract on civilian national defence service terminated and he may be dismissed from service in the national defence system.
5. In order to ensure protection of state or official secrets or to verify the information provided by a person who has entered civilian national defence service, a lie detector may be used, however, solely subject to the written consent of this person. A person who refuses to undergo the lie detector test shall not be allowed to hold a position requiring access to state or official secrets.
Article 73. Prerequisites for and Restrictions of Civilian National Defence Service
1. A contract on civilian national defence service shall be concluded with persons by the Minister of National Defence or his authorised officials.
2. A person entering civilian national defence service shall take an oath of the content specified in the Statute of Civilian National Defence Service.
3. The prerequisite of a contract on civilian national defence service shall a servant’s commitment to serve in civilian national defence service under the conditions and in accordance with the procedure laid down by laws and other legal acts as well as statutes.
4. A civil servant may, at his own initiative, terminate a contract on civilian national defence service prior to the expiry of the term of service as undertaken by him solely in the case when he cannot continue service due to an illness or invalidity or for other reasons which are beyond his control and which cannot be eliminated.
5. Where a civil servant terminates a contract in violation of the requirements indicated in paragraph 2 of this Article and in the absence of the reasons indicated in paragraph 4 of this Article, or where the contract is terminated at the initiative of the employer through the fault of the servant, the person must compensate to the State for the expenses of the national defence system directly relating to his education and training, professional training or improvement of qualification, including the expenses for studying at foreign schools and courses which, in the form of assistance to the national defence system, have been borne by foreign states. Where the person fails to perform this duty, the expenses shall be recovered from him in accordance with the procedure established by the law.
6. Statutory civil servants of the national defence system shall be prohibited from engaging in the activities incompatible with civil service as defined by the Law on Civil Service. Their service shall also be subject to the restrictions on servicemen’s service as provided for in subparagraph 3 of paragraph 1 and paragraphs 6, 7, 8, 9 and 11 of Article 36 of this Law. The service of servants in civilian national defence service at the Second Investigation Department under the Ministry of National Defence shall, in addition to these restrictions, be subject to the restrictions applied to servicemen’s service as specified in subparagraphs 2 and 3 of paragraph 1 and in paragraphs 2 and 3 of Article 36 of this Law.
7. The persons working under an employment contract and entering civilian national defence service in a military element of international operations shall not be subject to the requirement to terminate the legal relations of employment with the employer. These persons may not, during service in the military element of international operations, perform the employer’s work assignments and receive remuneration therefor.
Article 74. System of Qualification Categories in Civilian National Defence Service
1. A system of qualification categories shall be established to designate the qualification and experience of servants in civilian national defence service, namely, defence specialists and heads.
2. The system of qualification categories of servants in civilian national defence service and the requirements for receiving the qualification categories shall be established by the Statute of Civilian National Defence Service and the Statute of Service at the Second Investigation Department under the Ministry of National Defence. In accordance with the procedure laid down by these Statutes, qualification categories shall be granted by the Minister of National Defence.
Article 75. Remuneration for Work of Civil Servants in Civilian National Defence Service
Remuneration for work of civil servants in civilian national defence service shall be regulated by the Republic of Lithuania Law on Civil Service.
Article 76. Provision of Civil Servants in Civilian National Defence Service with Uniforms
1. The servants in civilian national defence service who, according to a list of positions as approved by the Minister of National Defence, are required to wear uniforms shall be provided the uniforms from funds of the state budget under the conditions and in accordance with the procedure established by the Government.
Article 77. Granting of Premiums to Servants of the National Defence System
1. Servants of the national defence system shall be granted a premium in accordance with the general procedure for granting premiums to civil servants.
2. Twice a year (on the occasion of Christmas and Easter holidays), servants in civilian national defence service shall be paid holiday premiums in the amount of up to one month’s basic pay from the funds of the state budget allocated to the Ministry of National Defence. The amount of the holiday premiums in proportion to the amount of a basic pay shall be established by the Minister of National Defence.
Article 771. Pensions and Additional Social Guarantees of the Civilian Statutory Civil Servants Serving at the Second Investigation Department under the Ministry of National Defence
1. The civilian statutory civil servants in civilian national defence service at the Second Investigation Department under the Ministry of National Defence shall be entitled to officers’ and servicemen’s state pension. The procedure for granting and paying this pension shall be established by the Republic of Lithuania Law on Officers’ and Servicemen’s State Pensions.
2. The civilian statutory civil servants in civilian national defence service at the Second Investigation Department under the Ministry of National Defence shall be covered by insurance from funds of the state budget, and the social guarantees specified in Articles 65 and 67 and in paragraphs 2 and 6 of Article 68 of this Law shall apply thereto. When applying the guarantees specified in Article 67 of this Law, the compensations in the amount specified therein shall be calculated according to the average remuneration of a perished or injured servant.
Article 772. Additional Social Guarantees of the Civilian Statutory Civil Servants Fulfilling Civilian National Defence Service in Military Elements of International Operations
The civilian statutory civil servants fulfilling civilian national defence service in military elements of international operations shall be subject to the guarantees specified in Articles 65 and 67 of this Law. When applying the guarantees specified in Article 67 of this Law, the compensations in the amount specified therein shall be calculated according to the average remuneration of a perished or injured servant.
Article 78. Procedure for Implementing This Law
The procedure for implementing separate provisions of in this Law shall be established by the Law Implementing the Law on the Organisation of the National Defence System and Military Service.
Article 79. Repealed Laws
Upon the entry into force of this Law, the following laws shall be repealed:
1) Law of the Republic of Lithuania on Voluntary National Defence Service (Official Gazette, No 4-106, 1991);
2) Law of the Republic of Lithuania on National Defence Service (Official Gazette, No. 101-2302, 1996);
3) Law of the Republic of Lithuania Amending Article 6 of the Law on National Defence Service (Official Gazette, No. 30-705, 1997);