LAW
ON
THE SEIMAS OMBUDSMEN
3 December 1998 No. VIII-950
Vilnius
Part I
GENERAL PROVISIONS
Article 1. Purpose of the Law
This Law establishes the basic legal principles of activities of the Ombudsmen of the Seimas of the Republic of Lithuania (hereinafter referred to as the Seimas Ombudsmen) as well as the organisational structure and powers of the Seimas Ombudsmen’s Office of the Republic of Lithuania (hereinafter referred to as the Ombudsmen’s Office).
Article 2. Definitions
As used in this Law:
1. “Officer” means a state government and administration institution employee, a representative of the local executive body, a local administration employee or an authorised person performing organisational, managerial or administrative functions.
2. “Abuse of office” means such acts or omission on the part of the officer whereby the official position is used not in the interests of the office or not in accordance with laws and other legal acts but in pursuit of self-seeking goals (unlawful appropriation or transfer to other persons of property, funds, etc., which belong to someone else) or for other personal considerations (revenge, envy, careerism, supply of illegal services, etc.) as well as actions of the officer whereby he exceeds his authority or his arbitrary actions.
3. “Bureaucracy” means actions on the part of officers when the latter, instead of dealing with the substance of the matter, systematically take up unnecessary or made-up formalities, wilfully refuse to settle issues within the departmental jurisdiction or delay the adoption of decisions or performance of official duties, also other instances of mal- and misadministration (the person is refused information relating to his rights, misleading or ill-fitted advice is given, etc.). Also considered as bureaucracy shall be the style of work of the officers, characterised by failure to implement laws or other legal acts or to properly implement said laws or acts.
Article 3. Basic Legal Principles of Activities of the Seimas Ombudsmen
In their activities, the Seimas Ombudsmen shall be guided by the Constitution of the Republic of Lithuania, this Law and other laws, international treaties and agreements.
Article 4. Complaints which Fall within the Jurisdiction of the Seimas
Ombudsmen
1. The Seimas Ombudsmen shall investigate citizens’ complaints concerning the abuse of office and bureaucracy of officers of state government and administration institutions, local government institutions, military institutions and institution ranking as such. Institutions ranking as military institutions are the Ministry of National Defence, Ministry of the Interior, National Security Department and institutions subordinate to them.
2. The activities of the President of the Republic, members of the Seimas, the Prime Minister, the Government (as a collegial institution), the State Controller and judges of the Constitutional Court and other courts, municipal councils (as collegial institutions), also the legality and validity of procedural decisions of the prosecutors, investigators and officers conducting the inquiry shall be outside the Seimas Ombudsman’s powers of investigation.
Article 5. Eligibility for the Position of the Seimas Ombudsman
A citizen of the Republic of Lithuania who is a person of highest integrity, is a law graduate and whose length of service in the legal profession or as a state government and administration institution employee is not less than five years shall be eligible for appointment as the Seimas Ombudsman.
Article 6. Appointment of the Seimas Ombudsmen
1. The Seimas Ombudsmen shall be appointed for the term of 4 years from the candidates nominated by the Chairman of the Seimas of the Republic of Lithuania.
2. When nominating candidates to the post of Ombudsmen, the Chairman of the Seimas shall specify the officers to whom, subsequent to their appointment, their respective investigative jurisdiction will extend.
3. Specifying the sphere of activities of each Ombudsman, the Seimas shall appoint 5 Seimas Ombudsmen: 2 Ombudsmen for the investigation of activities of state institutions, 1 for the investigation of military institutions and those ranking as military institutions and 2 for the investigation of activities of local government officers.
4. If a Seimas Ombudsman dies or is removed from office in the cases specified in Article 7 of this Law, the Seimas shall make a new appointment for the full term of office.
Article 7. Termination of Powers of the Seimas Ombudsman
1. The Seimas Ombudsman shall be removed from office by majority vote of all the Seimas members:
4) when he is incapable of fulfilling his duties for health reasons, i.e. if he is ill for 4 successive months in the course of a calendar year or if he contracts an illness which hinders him in the fulfilment of his duties, provided that an appropriate finding of the panel of doctors formed by the Health Minister has been received;
2. The powers of the Seimas Ombudsman may be terminated only on the grounds provided for by this Law.
Article 8. Basic Principles of the Seimas Ombudsmen’s Activities
1. The Seimas Ombudsmen shall have equal rights and duties. Each of them shall function independently.
Article 9. Prohibitions for the Seimas Ombudsmen
The Seimas Ombudsman may not hold any other office in state institutions and organisations, nor may they be employed in business, commercial and other private institutions or enterprises. The Seimas Ombudsman may not receive any other remuneration except for his official salary and remuneration for creative activities. The Seimas Ombudsman’s remuneration for creative activities shall embrace the royalties on works of art and their performance, on publications and books, on material presented for radio and television programmes, as well as payment for pedagogical and scientific activities.
Article 10. The Seimas Ombudsmen’s Office
The Seimas Ombudsmen’s Office shall be an independent state institution. It shall be a legal person, shall have a settlement account with a bank and a seal with the Lithuanian State emblem and the name “The Seimas Ombudsmen’s Office of the Republic of Lithuania” imprinted thereon and financed from the State budget. The head of the Seimas Ombudsmen’s Office shall be responsible for the use and keeping of the seal of the Seimas Ombudsmen’s Office.
Article 11. The Structure of the Seimas Ombudsmen’s Office
1. The Seimas Ombudsmen’s Office shall be comprised of the Seimas Ombudsmen, the Board of the Seimas Ombudsmen’s Office, assistants of the Seimas Ombudsmen, departments and other structural divisions approved by the Board of the Seimas Ombudsmen’s Office.
2. The Seimas Ombudsmen’s Office shall be directed by the head of the Seimas Ombudsmen’s Office. In the absence of the Seimas Ombudsman - head of the Office, the eldest Seimas Ombudsman shall deputise for him.
Article 12. The Board of the Seimas Ombudsmen’s Office
2. The Board of the Seimas Ombudsmen’ Office shall:
1) consider the principal issues of the Ombudsmen’s activities and other matters submitted by the Seimas Ombudsmen;
2) approve the division of the spheres of activities among the Seimas Ombudsmen responsible for investigating citizens’ complaints about the state and municipal institutions, specifying each Ombudsman’s domain;
3) make decisions on the matters relating to the organisation of work of the Seimas Ombudsmen’s Office departments;
6) approve the structure of the Seimas Ombudsmen’s Office, its list of staff and salaries coefficients in conformity with the coefficients fixed by the Government;
Article 13. Procedure of Work of the Seimas Ombudsmen’s Office Board
1. The meeting of the Board shall be presided over by the head of the Seimas Ombudsmen’s Office and on his absence - by the eldest Seimas Ombudsman.
2. The Board of the Seimas Ombudsmen’s Office shall issue resolutions on matters within its competence, which shall be adopted by a majority vote of the Board members.
Article 14. Head of the Seimas Ombudsmen’s Office
1. On the nomination of the Seimas Chairman, the Seimas shall appoint one of the appointed Seimas Ombudsmen as the head of the Seimas Ombudsmen’s Office.
2. In addition to his direct functions, the head of the Seimas Ombudsmen’s Office shall also perform the following functions:
3) on the recommendation of the Seimas Ombudsmen engage and dismiss assistants of the Seimas Ombudsmen;
5) supervise the work of the Office staff members and take decisions aimed at the improving the work of the Seimas Ombudsmen’s Office;
6) fix the salaries of the staff members in accordance with the salaries coefficients approved by the Board of the Seimas Ombudsmen’s Office;
8) address issues related to the in-service training of the Seimas Ombudsmen and staff members and send them to internship and on business trips;
9) submit the structure of the Seimas Ombudsmen’s Office, the lists of staff members and salaries coefficients to the Board for approval;
13) charge another Ombudsman to deputise for the Ombudsman who is not in the position to perform his duties because of an illness, vacation, departure abroad or for any other reason;
14) charge another Seimas Ombudsman within whose domain complaints of this category are to investigate a specific complaint if the Ombudsman within whose sphere of jurisdiction the complaint falls is incapable of its impartial investigation because of a certain degree of relationship or for other reasons.
Article 15. Filing and Acceptance of Complaints
1. Every citizen shall have the right to file a complaint with the Seimas Ombudsman about the abuse of office or by bureaucracy of the officer of the state or municipal institution which comes within the competence of the Ombudsman.
2. The Seimas Ombudsman shall also investigate complaints of citizens of the Republic of Lithuania referred to him by the Seimas members, which are in conformity with the requirements of this Law, and may also investigate complaints of foreign nationals and stateless persons.
3. As a rule, complaints shall be filed in writing. The procedure for registering and processing complaints shall be established by the Regulations of the Seimas Ombudsmen’s Office.
4. If a complaint is voiced verbally, received by telephone or if the Seimas Ombudsman establishes indications of abuse of office or bureaucracy from the press and other mass media as well as from other sources, the Seimas Ombudsman may take up the matter for investigation on his own initiative.
5. Verbal or written applications of citizens, which contain not complaints about officers but requests for the provision of explanations, other information or requested documents, etc., shall not be treated as complaints and shall be registered separately according to the procedure laid down by the Regulations of the Seimas Ombudsmen’s Office. The Seimas Ombudsman may refuse to provide explanations, other information, the requested documents, etc.
Article 16. Requirements for the Complaint
1. The following shall be stated in the complaint:
3) full names and offices of the officers against whom the complaint is filed, their place of employment;
4) a description of the decision or actions complained about, their date and the circumstances under which they have been performed;
2. Attached to the complaint may be:
3. Non-compliance with the form prescribed by paragraph 1 hereof or failure to present the required information may not be grounds for refusal to investigate the complaint, except in cases where the insufficiency of facts of the matter precludes the commencement of investigation and the complainant refrains from submitting the information on the Seimas Ombudsman’s request.
Article 17. Time-period for Filing a Complaint
A complaint must be filed within twelve months after the commission of the act complained about. Complaints filed after the expiry of the time-period shall not be investigated unless the Seimas Ombudsman decides otherwise.
Article 18. Anonymous Complaints
Anonymous complaints shall not be investigated unless the Seimas Ombudsman decides otherwise.
Article 19. Refusal to Investigate a Complaint
1. The Seimas Ombudsman shall refuse to investigate a complaint and return it to the complainant within 7 days if:
3) the circumstances identified in the complaint are beyond the Seimas Ombudsmen’s powers of investigation;
4) a complaint relating to the matter has already been resolved in court, has been brought up before a court of law for investigation or is subject under law to judicial investigation;
2. If a complaint is returned to the complainant, grounds for refusing to investigate it must be specified. In the cases where the complaint is not within the Seimas Ombudsmen’s remit, refusal to investigate shall also contain information as to what institution the complainant may apply to on the matter.
3. A complaint filed repeatedly following its investigation shall not be addressed except in cases where new circumstances are indicated or new facts are presented.
4. If the presence of circumstances specified in paragraph 1 hereof is disclosed in the course of complaint investigation or if the complainant fails to furnish information the absence whereof precludes the initiation of complaint investigation, the complaint shall be left unprocessed.
5. If, because of relationship by blood or marriage or for any other reason, the Seimas Ombudsman is not in the position to investigate in an impartial manner the complaint that is within his investigative authority, he shall refuse to investigate the complaint and shall refer it to the head of the Seimas Ombudsmen’s Office.
6. If the complainant’s request to refrain from complaint investigation is received, the Seimas Ombudsman shall refuse to pursue the complaint and return it to the complainant. The Seimas Ombudsman may make copies of the accompanying documents attached to the complaint and initiate the investigation on his own initiative.
Article 20. Time-limits for Complaint Investigation
A complaint must be investigated and the complainant must be given a response within 3 months of the day of the receipt of the complaint. As necessary, the time-limit for the Seimas Ombudsman’s investigation may be extended up to 6 months, notifying the complainant thereof.
Article 21. Complaint Investigation
1. In the course of complaint investigation the Seimas Ombudsman shall ascertain:
1) whether or not the decisions cited in the complaint have been made, whether or not the action (act or omission, misconduct) which is the subject matter of complaint has occurred;
3) whether or not the decisions or actions cited in the complaint are in contravention of the laws and other legal acts, whether there are instances of abuse of office or bureaucracy in the activities of the officers;
4) which officers committed the violations, for what reasons (or in pursuit of what goals), and what is the extent of guilt of individual officers and in what way the officers guilty of the violations account for their actions;
2. Upon the completion of the complaint investigation a statement shall be drawn up stating the circumstances disclosed and evidence collected in the course of investigation as well as giving legal evaluation of the officer’s activities. The statement shall be signed by the Seimas Ombudsman. A copy of the statement shall be sent or delivered to the complainant, the head of the institution where the investigation has been conducted and the officer whose actions have been subjected to investigation, also, as necessary, the head of a superior institution, other institutions or persons in order to bring the results of the investigation to their knowledge. In cases where the statement contains information concerning secrets protected under law, not the full text of the statement shall be sent.
Article 22. Decisions of the Seimas Ombudsman
1. Upon completing the investigation the Seimas Ombudsman may take a decision to:
3) bring a court action for the compensation of moral or material damage incurred by the person by reason of the violations committed by officers;
4) recommend to a collegial body or an officer that the decisions contravening the laws and other legal acts be rescinded, suspended or amended, or to suggest that decisions the adoption whereof has been obstructed by abuse of office or bureaucracy be adopted;
5) suggest to a collegial body, head of the institution or a superior institution that administrative penalties be imposed on the officer at fault;
6) recommend to the prosecutor that material be prepared, according to the procedure prescribed by law, for instituting civil proceedings if he establishes that there has been a violation of interests of incapable persons, persons with diminished capacity, disabled persons, minors as well as other persons possessing limited possibilities to protect their rights;
7) bring to the officers’ attention the facts of negligence in office, non-compliance with laws, violation of professional ethics or bureaucracy and recommend to apply measures in order to eliminate the violations, their causes and circumstances;
8) propose that moral or material damage sustained by a person because of the violations committed by the officer be compensated in the manner prescribed by law;
2. The period of complaint investigation shall be excluded from the limitation period which labour laws allow for the imposition of disciplinary penalty.
3. The Seimas Ombudsman’s recommendation to abolish, amend or make a decision, to eliminate violations of law, their causes and circumstances must be considered by the institution or the officer to whom the recommendation is addressed.
Article 23. Submitting the Findings
Officers specified in paragraph 1 of Article 4 of this Law may address the Seimas Ombudsman with a request to submit findings on whether or not the rulings will entail consequences which could later be complained about to he Seimas Ombudsman. The Seimas Ombudsman may decline to submit such findings.
Article 24. Obligation to Keep State, Professional and other Secrets Protected
by Law
The Seimas Ombudsmen and the staff of the Seimas Ombudsmen’s Office must not divulge the State, professional or other secrets protected by law, which come to their knowledge in the exercise of their official duties. This obligation shall also be binding on persons who are not employed at the Seimas Ombudsmen’s Office who have, nevertheles, taken part in the investigation of complaint.
Article 25. Submission of Annual Reports and their Consideration in the Seimas
1. The Seimas Ombudsmen shall every year by the 15th day of March submit to the Seimas the annual report for the preceding calendar year which must be made public and considered in the Seimas.
Article 26. Transparency of the Seimas Ombudsmen’s Activities
1. The Seimas Ombudsmen shall provide the media with information on their activities and on the cases of the officers’ abuse of office or bureaucracy.
Article 27. Independence of the Seimas Ombudsmen from other Institutions
In the discharge of their functions the Seimas Ombudsmen shall be guided by the Constitution and laws of the Republic of Lithuania as well as the international treaties and agreements to which the Republic of Lithuania is a party, and shall be independent.
Article 28. Rights of the Seimas Ombudsman
1. When performing his duties the Seimas Ombudsman shall have the right to:
1) request immediate provision of information, material and documents required for the discharge of his functions, also an access to confidential documents and documents which constitute a State secret. As necessary the assistance of police officers shall be enlisted for the implementation of this right and an appropriate act concerning the seizure of documents shall be drawn up;
2) enter the premises of enterprises, institutions and organisations which are subjected to examination and unrestrictedly meet and interview persons present in the premises. The territory and premises of military institutions and institutions ranking as such shall be entered with the officers of the institutions accompanying;
3) request written or oral explanations from the officers, whose activities are subjected to examination;
5) attend the meetings of the Seimas, the Government, other central and local government institutions when the issues relating to the activities of the Seimas Ombudsmen are considered;
6) enlist the services of officers and experts of the Government institutions as well as those of ministry, county and municipality officers and experts;
7) inform the Seimas, the Government or the Council of the appropriate local government of the gross violations of law or shortcomings, contradictions or loopholes in laws or other legal acts;
Article 29. The Binding Character of the Seimas Ombudsmen’s Requests
1. At the Seimas Ombudsmen’s request central and local government institutions and their employees must forthwith provide them with information, documents and material required for the performance of the Ombudsmen’s functions.
2. When investigating a complaint, the Seimas Ombudsman shall have the right to apply to the officer whose activities are under examination requesting the latter should present an explanation within the time period set by the Seimas Ombudsman. If the explanation is not presented, the Seimas Ombudsman shall have the right to address a superior officer (collegial body) who must command the explanation or himself give an explanation within the time period specified by the Seimas Ombudsman.
Article 30. Remuneration for Work and Guarantees of the Seimas Ombudsmen
1. The Seimas Ombudsman shall be paid a salary in the amount of 5 average wages (the average wage of the national economy of the Republic of Lithuania - AW) of the preceding month as announced by the Statistical Department at the Government of the Republic of Lithuania. The head of the Seimas Ombudsmen’s Office or the person temporarily deputising for him shall receive a 10% higher wage as compared to that received by the Seimas Ombudsman. The Seimas Ombudsman shall not be paid any supplements or bonuses.
2. The Seimas Ombudsman who is dismissed upon the expiry of his term of office, shall be paid a gratuity on discharge in the amount of 1 monthly wage. The Seimas Ombudsman who is dismissed upon reaching statutory pensionable age under the State social security pensions law or when he is incapable to continue in office for health reasons shall receive a gratuity on discharge in the amount of 2 monthly wages. Upon the death of the Seimas Ombudsman his family shall be paid a gratuity on discharge in the amount of 2 monthly wages. Gratuity on discharge shall be paid from the State budget funds allocated to the Seimas Ombudsmen’s Office. Gratuity on discharge shall not be payable when the Seimas Ombudsman is dismissed at his own request or when a court sentence concerning him becomes effective or when he is given a no-confidence vote by over a half of the Seimas members.
3. When the Seimas Ombudsman is dismissed, except in cases when a court sentence concerning him becomes effective or he is given a no-confidence vote by over a half of the Seimas members, the Ombudsman must be reinstated in his previous job (position) in the state-owned enterprise, state institution or organisation, save for the position of the Government member, the judge or an elective post. In the event that the formerly held position has been abolished or the enterprise, institution or organisation has been liquidated, he must be given an equivalent job (position) in the same enterprise, institution, organisation or, if the Seimas Ombudsman gives his consent, in another state-owned enterprise, state institution, organisation. The Seimas Ombudsman shall also have the right to apply to the Ministry of Public Administration Reforms and Local Authorities which must inform the former Seimas Ombudsman about the vacant positions of public officers in his place of residence. The application to reinstate him in his former job (position) or give him an equivalent job (position) in a state-owned enterprise, state institution, organisation must be filed by the Seimas Ombudsman with the head of the above enterprise, institution or organisation within 10 days after his dismissal from the office of the Seimas Ombudsman. The former Seimas Ombudsman must be informed of the possibility to reinstate him in his former job (position) or to give him an equivalent job (position) in a state-owned enterprise, state institution, organisation within 10 days after the receipt of his application.
Article 31. Final Provisions
Upon the entry into force of this Law the following laws of the Republic of Lithuania shall be declared invalid: the Law on the Seimas Ombudsmen of 11 January 1994 and the Law Concerning the Approval of the Statute of the Seimas Ombudsmen’s Office of the Republic of Lithuania of 22 February 1995.