REPUBLIC OF LITHUANIA
LAW ON THE ORGANISATION OF TNE NATIONAL DEFENCE SYSTEM
AND MILITARY SERVICE
5 May 1998 No VIII-723
(As last amended on 20 December 2016 – No XIII-144)
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 supplies to servicemen, also specific features of civilian service within the national defence system.
Article 2. Definitions
1. Military unit of the active reserve shall mean a military unit of the National Defence Volunteer Forces or another military unit composed of volunteer servicemen or other servicemen of the active reserve.
2. Serviceman of the active reserve shall mean a military conscript fulfilling non-continuous military service in a military unit who has voluntarily committed himself under a contract of a volunteer serviceman or a serviceman of the active reserve.
3. Reserve serviceman shall mean a military conscript who has fulfilled active military service and has been transferred to the reserve in accordance with the procedure laid down by legal acts.
4. Civilian national defence service shall mean 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 is fulfilled under the conditions and in accordance with the procedure laid down by legal acts.
5. Battalion-sized military unit shall mean a battalion or a military unit equivalent thereto (consisting of at least two companies) of an approved permanent structure.
6. Retirement shall mean the exemption of a serviceman in active military service or a reserve serviceman from military conscription due to age or health condition.
7. Long voyage shall mean the departure of a combat vessel from a port of deployment for a period lasting for three months and longer to perform assignments in territorial waters, the exclusive economic zone or the high seas or entry of other ports, except for the entry of another port for the purpose of the vessel’s modernisation, repair or other technical maintenance.
8. Combined unit shall mean several battalion-sized military units or other structural military units which have a joint operational purpose or assignment and are under single command.
9. Military operation shall mean the military actions undertaken in performing strategic, tactical or administrative military assignments/missions and carrying out training.
10. 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 Lithuanian Armed Forces carry 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.
11. Military representative shall mean a permanent representative of the Commander of the Lithuanian Armed Forces at an international organisation. The military representative may have deputies and assistants.
12. Military unit shall mean a unit of the Armed Forces of an approved structure which has been given a joint assignment, including military units of the active reserve and military units of the prepared reserve.
13. Intelligence of military operations shall mean the activities of the Lithuanian Armed Forces covering the collection, processing, evaluation, and use of the information required for the planning and carrying out of military operations.
14. Cadet shall mean a serviceman fulfilling military service while studying at a Lithuanian or foreign educational establishment whose graduates receive the rank of an officer (hereinafter: a ‘military educational establishment’), also a serviceman fulfilling military service while studying under military training programmes at a Lithuanian military educational establishment and simultaneously studying at another Lithuanian institution of higher education. Cadet service shall last until a cadet is admitted to professional military service, transferred to the reserve or dismissed or expelled from a military educational establishment or a Lithuanian institution of higher education.
15. 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.
16. Serviceman shall mean a citizen of the Republic of Lithuania fulfilling active military service.
17. Volunteer serviceman shall mean a serviceman of the active reserve fulfilling volunteer national defence military service.
18. Volunteer national defence military service (hereinafter: ‘volunteer military service’) shall mean non-continuous military service in the National Defence Volunteer Forces to fulfil which military conscripts voluntarily commit themselves under a contract of a volunteer serviceman.
19. National defence system shall mean a part of the national security system of the Republic of Lithuania comprising the totality 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 cooperation obligations assumed by Lithuania, other functions relating to national defence, also the enterprises and bodies set up by these institutions as well as the military territories and other infrastructure facilities used for the needs of national defence.
20. Temporary personnel reserve of professional military service shall mean a category of professional military servicemen to which the professional military servicemen who are temporarily not carrying out their regular duties are transferred.
21. Lithuanian Armed Forces (hereinafter: the ‘Armed Forces’) shall mean an 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 assignments in compliance with the international obligations assumed by the Republic of Lithuania.
22. 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.
23. NATO standards shall mean the totality of the general principles, regulatory documents, and standards regulating the activities of military and other defence structures of NATO member countries, also of other institutions related thereto.
24. 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 units in a manner deemed by him to be necessary for the forces to accomplish a given mission or assignment. The concept of operational command shall not include responsibility for the training, administration, internal organisation, discipline, and logistics of the military units.
25. Military unit of the prepared reserve shall mean a military unit consisting of the military conscripts placed in the prepared reserve of the military personnel, except for volunteer servicemen and other servicemen of the active reserve.
26. Serviceman of the prepared reserve shall mean a military conscript who has acquired the basic military training and who has been appointed to fulfil non-continuous military service in a military unit of the prepared reserve.
27. Mandatory military service shall mean initial mandatory military service fulfilled by a military conscript, service in the reserve or service in the event of mobilisation.
28. Professional military service shall mean continuous military service to fulfil which a citizen of the Republic of Lithuania has voluntarily committed himself under a contract on professional military service and which is fulfilled in the Armed Forces 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 or international institutions.
29. Service in the active reserve shall mean non-continuous military service fulfilled in military units by military conscripts in accordance with the procedure laid down by legal acts under a contract of a volunteer serviceman or a serviceman of the active reserve.
30. Service in the reserve shall mean mandatory non-continuous military service fulfilled by the military conscripts assigned to the prepared reserve of the military personnel in military units of the prepared reserve or volunteer service or other non-continuous military service in military units to which military conscripts voluntarily commit themselves.
31. Reintegration of the persons involved in multinational operations or special missions, also returning from long voyage (hereinafter: ‘reintegration’) shall mean the psychological and social measures designed to ensure the psychological well-being of these persons in adapting to service, family, and other social environment.
32. Active military service shall mean the mandatory military service of citizens of the Republic of Lithuania, professional military service, also service by cadets.
33. A search and rescue region shall be interpreted as it is defined by the Law on Maritime Safety; the maritime area and internal waters shall be interpreted as they are defined by the Law on Protection of the Marine Environment.
Article 3. National defence system
1. The national defence system shall consist of:
2) the Armed Forces and, upon introduction of martial law or in the event of armed defence against aggression (in wartime), also other armed forces: the State Border Guard Service under the Ministry of the Interior (hereinafter: the ‘State Border Guard Service’), the VIP Protection Department under the Ministry of the Interior (hereinafter: the ‘VIP Protection Department’), the Public Security Service under the Ministry of the Interior (hereinafter: 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 institution (the Second Investigation Department under the Ministry of National Defence), 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 cooperate with relevant institutions of NATO and the European Union and institutions of other NATO member countries and the European Union Member States in planning common defence, multinational military operations (hereinafter: ‘multinational operations’) and carrying them out;
2) the Armed Forces and other institutions of the national defence system shall be developed in line with NATO standards with a view to ensuring their effective 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 multinational operations;
4) the Lithuanian military and civilian air space 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 laws.
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 officers) of institutions of the national defence system and military units 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 a relevant military territory. The control regime and internal procedures of the military territories shall be established, within their respective remit, by the Minister of National Defence, the Commander of the Armed Forces or duly authorised commanders (superior officers) of battalion-sized military units, other military units, services or other institutions of national defence.
4. Military chaplains shall be a part of the national defence system. The conditions and procedure governing their activities shall, within his remit, be established by the Minister of National Defence in coordination with heads of relevant officially recognised traditional Lithuanian churches which appoint chaplains.
Article 4. Legal grounds for activities of institutions of the national defence system
In their activities, institutions of the national defence system shall be guided 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 international treaties of the Republic of Lithuania.
Article 5. International cooperation of institutions of the national defence system
1. Institutions of the national defence system shall, within their remit, cooperate with relevant 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 multinational 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 their remit, also cooperate with relevant institutions of the states seeking NATO membership and other states and international institutions.
3. Military units 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 multinational operations, exercises, and other events of military cooperation, also military units, servicemen, and civilian servants assigned to the armed forces of foreign states shall participate in multinational operations, exercises, and other events of international military cooperation within the territory of the Republic of Lithuania.
Article 6. Principles of the national defence system
1. The national defence system shall be developed in accordance with provisions of the Constitution of the Republic of Lithuania and the Law of the Republic of Lithuania on the Basics of National Security.
Article 7. Democratic civilian control of the Armed Forces
1. The development of the Armed Forces 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 laws, 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, use of the armed forces, and defence against 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 provision of supplies to the Armed Forces, procurement of arms, and development of material resources of the national defence system shall, in accordance with the long-term state 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 Minister of National Defence, Vice Ministers of National Defence, and Chancellor of the Ministry.
7. Deployment locations of the Armed Forces in peacetime and territorial boundaries for manoeuvring as well as decisions on redeployment of battalion-sized military units shall be approved solely by a decree of the President of the Republic.
Article 8. Financing of the national defence system, control of activities, and restrictions on the conclusion of transactions by legal entities thereof
1. Institutions of the national defence system shall be financed with funds of the state budget and other funds received in accordance with the procedure laid down by legal acts. Foreign credits and support 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 activities and budgets of institutions of the national defence system shall be controlled in accordance with the procedure laid down by laws.
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 specific features of management of the Ministry of National Defence are not specified by this Article.
2. The Ministry of National Defence shall be headed by the Minister. The Minister shall, in compliance with the Law on the Government, this Law and other legal acts, specify the remit and functions of the Vice Ministers, the Chancellor of the Ministry and the Director-General for Capabilities and Armaments.
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 Armed Forces, prepare the Armed Forces 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 defence of the State as well as military and other functions of national defence in peacetime and in war;
3) to administer, in the areas of ensuring national security as specified by laws and in accordance with the procedure laid down by legal acts, the activities of intelligence institutions of the national defence system;
4) to administer the international cooperation of institutions of the national defence system, ensure, within its remit, the implementation of international treaties and agreements, development and implementation of international cooperation plans and programmes;
5) to shape, in accordance with the procedure laid down by laws and other legal acts, the policy of the national defence system personnel management and organisation of military service, also the host country’s support and mobilisation policy, to organise, coordinate, and control the implementation of these policies;
6) to administer provision of publicly available information about the national defence system, cooperation of the Armed Forces 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 have own stock of official apartments and other living accommodation intended to provide servicemen with temporary 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 second candidates for studies at foreign military and other educational establishments. The conditions of and procedure for selecting the candidates shall be established by the Minister of National Defence. The Ministry of National Defence shall also have the right:
1) to pay the tuition fee or a part thereof for the persons studying at institutions of higher education in the student places not funded by the State under the study programmes of the specialities required by the national defence system, subject to entering into agreements with these persons. The cases and conditions of and the procedure for paying the tuition fee or the part thereof, the mandatory provisions of an agreement with a student, as well as the amount of the tuition fee or the part thereof to be covered shall be determined by the Government or an institution authorised by it;
2) to grant, in the cases, under the conditions, and in accordance with the procedure specified by the Government, support to the persons studying at institutions of higher education in student places funded by the State under the study programmes of the specialities required by the national defence system, subject to entering into agreements with these persons.
6. The Ministry of National Defence shall have the Director-General for Capabilities and Armaments, who shall be responsible for the strategic planning of military capabilities and armaments, also for performance of the functions assigned to him by this Law and other legal acts as well as by the Minister of National Defence and the Commander of the Armed Forces. The Director-General for Capabilities and Armaments shall assist the Minister of National Defence in drafting a strategic action plan for the areas of management assigned to the Minister, other strategic documents of the development of the national defence system and the military strategy of the State and the Commander of the Armed Forces – in implementing the strategic planning of the Armed Forces.
7. The Director-General for Capabilities and Armaments shall be subordinate to the Minister of National Defence and accountable to the Commander of the Armed Forces. An officer with a rank not lower than that of a colonel/captain (navy) may be appointed as the Director-General for Capabilities and Armaments.
8. In the areas of activities assigned to him by the Minister of National Defence, the Director-General for Capabilities and Armaments shall:
1) plan the long-term development of military capabilities and armaments, military machinery and equipment, organise, coordinate and control the drafting, coordination, and implementation of strategic documents of development thereof;
2) coordinate and control the activities of divisions of the administration of the Ministry of National Defence assigned to him by the Minister of National Defence;
3) organise the drafting and coordination of the strategic action plans and legal acts conforming to strategic goals of the Ministry of National Defence and provisions of the Government programme;
4) organise and control performance of assignments of the Prime Minister and the Government, the Minister of National Defence, and the Commander of the Armed Forces;
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 defence policy, performance of the tasks and functions assigned to the national defence system, development of the national defence system, and efficient utilisation of the resources allocated to it.
2. The Minister of National Defence shall:
1) be in charge of implementation of defence policy, development of the national defence system and its capabilities, international defence and military cooperation, also represent the Republic of Lithuania, within the remit specified by laws and other legal acts, at the institutions of NATO and 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 divisions;
3) approve the maximum permissible number of positions of intelligence officers and the employees working under employment contracts at the Second Investigation Department under the Ministry of National Defence;
4) shape policy on the staffing, training, and management of the personnel of the national defence system and other internal administration areas of the national defence system;
5) shape resource policy and establish the procedure for efficiently utilising and controlling the resources;
6) lay down the procedure for manufacturing, repairing (except for explosives), transferring, storing, safekeeping, transporting, carrying, and using within the national defence system weapons, their accessories, ammunition, explosives, and special means, as well as the procedure for destroying the explosives;
7) set forth requirements for the protection of activities and internal security of the national defence system and establish the procedure for implementing them;
8) lay down the procedure for accumulating, processing and providing data of the Second Investigation Department under the Ministry of National Defence;
9) submit to the President of the Republic for approval the permanent deployment locations of battalion-sized military units, also submit to the President of the Republic, in conjunction with the Minister of Foreign Affairs, proposals regarding participation of military units of the Republic of Lithuania in multinational operations and participation of military units of other states in multinational operations in the territory of the Republic of Lithuania;
10) draft and submit to the State Defence Council for consideration and, upon obtaining its approval and recommendation, approve the military strategy of the State;
11) submit to the State Defence Council for consideration and, upon obtaining its approval and authorised by the Government, having regard to Article 101 of this Law submit to the Seimas for approval on an annual basis the coming year’s principal structure of the Armed Forces, limit numbers of servicemen and the statutory civil servants fulfilling civilian national defence service, also guidelines for planning of the principal structure of the Armed Forces for a period of six years, and limit numbers of servicemen and statutory civil servants fulfilling civilian national defence service;
13) establish a system of selection of servicemen for promotion; confer on 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;
14) submit to the President of the Republic proposals for conferral on servicemen of the ranks of a colonel/captain (navy) and a general/admiral and, in accordance with Article 85 of the Constitution of the Republic of Lithuania, sign acts-decrees of the President of the Republic on the conferral of the highest military ranks;
15) submit to the President of the Republic proposals for granting state awards to servicemen, the persons held equivalent to them by laws, and other persons who have distinguished themselves in national defence;
16) submit to the President of the Republic proposals regarding candidates for the Commander of the Armed Forces;
17) appoint and dismiss the Inspector General of National Defence, the head of the General Jonas Žemaitis Military Academy of Lithuania, appoint and dismiss, on a recommendation of the Commander of the Armed Forces, the Director-General for Capabilities and Armaments, 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 (job descriptions) of the positions referred to in this point;
18) lay down the procedure of rotation and appointment of servicemen, appoint servicemen to positions of deputy commanders of regular forces, commanders of combined units and battalion-sized military units, also to the positions corresponding to the rank of a lieutenant colonel/commander and the positions corresponding to a higher rank, dismiss them or transfer them from one institution of the national defence system or a combined unit or battalion-sized military unit to another; appoint servicemen to positions at the Ministry of National Defence and institutions under 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;
20) establish the procedure for transferring servicemen in professional military service to the temporary personnel reserve of professional military service and approve regulations of this reserve;
21) 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 give assignments 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, by issuing orders, delegate a 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 divisions of the national defence system specifying conditions, procedures, and arrangements for exercising the rights delegated by him and for taking decisions.
5. The rights of the Minister of National Defence as 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 substituting the Minister of National Defence.
Article 101. Principal structure of the Armed Forces and limit numbers of servicemen
1. In approving the principal structure of the Armed Forces for the coming year and the six-year planning guidelines, permanent combined units, battalion-sized military units and the military units equivalent thereto, with the exception of the battalion-sized military units of the prepared reserve, shall be indicated.
2. In approving the coming year’s limit numbers of servicemen, the following shall be indicated:
3) the limit number of servicemen in initial mandatory military service (indicating separately the number of servicemen fulfilling continuous initial mandatory military service and servicemen participating in training for commanders of junior officers);
5) the limit number of the servicemen of the prepared reserve participating in exercises and training;
3. The limit numbers of servicemen in mandatory military service indicated in paragraph 2 of this Article shall not apply in the event of mobilisations and during armed defence against aggression (in wartime). In the event of partial mobilisation, the extent thereof may be specified by indicating the limit number of the servicemen subject to mobilisation.
4. The structure of military units of the prepared reserve shall be determined by the Minister of National Defence subject to approval of the Seimas Committee on National Security and Defence. The number of servicemen in the prepared reserve of the military personnel and their repeated training must conform to the defence needs of the State.
Article 11. Status and structure of the Armed Forces
1. The founder of the Lithuanian Armed Forces 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 Armed Forces shall be a single institution having the status of a public legal entity. The rights and duties of the Armed Forces as a public legal entity shall be exercised by the Commander of the Armed Forces. Battalion-sized military units, combined units or other military units shall not have a legal personality. The battalion-sized military units, combined units, services or other military units of the Armed Forces may be delegated the rights and duties of the Armed Forces as a public legal entity as are required for implementation of the activities assigned to their remit. In exercising these rights and duties, the battalion-sized military units, combined units, services or other military units shall represent the Armed Forces and act on behalf thereof. The Lithuanian Armed Forces shall have its flag, which shall, on a recommendation of the Minister of National Defence, be approved by the President of the Republic. Flags of types of regular forces, combined units, battalion-sized military units, other independent military units shall be approved and granted to the military units by the Minister of National Defence.
3. The remit of battalion-sized military units, combined units, services or other military units and commanders thereof and the procedure for representing the Armed Forces when entering into transactions and in other civil legal relationships shall be established by the Minister of National Defence on a recommendation of the Commander of the Armed Forces.
4. The Armed Forces shall comprise regular forces, combined units, battalion-sized military units, and other military units. The units of the Armed Forces shall be staffed with servicemen in professional military service and continuous initial mandatory military service.
5. The types of regular forces shall be as follows:
6. The National Defence Volunteer Forces (hereinafter: the ‘Volunteer Forces’) shall be a constituent part of the land force.
7. The detailed structure of the Armed Forces shall be determined and combined units and battalion-sized military units shall be established, reorganised or liquidated by the Minister of National Defence in compliance with the principal structure of the Armed Forces as approved by the Seimas.
8. Operations forces shall be formed to carry out military operations. They shall consist of units of regular forces and other military units 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 units may be formed for the performance of special military functions and assignments.
Article 12. Tasks of the Armed Forces
1. The principal tasks of the Armed Forces 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 cooperation with other state institutions;
2. The principal task of the Armed Forces during armed defence against 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 tasks specified in paragraph 1 this Article, the Armed Forces shall, under international treaties of the Republic of Lithuania or international agreements of the Ministry of National Defence, cooperate with NATO institutions and the armed forces of other NATO member countries.
4. In 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 have the same rights as are specified for the Lithuanian Armed Forces 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 the Lithuanian 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 Lithuanian Armed Forces to the best of my ability,
to defend the State of Lithuania, its freedom and independence.
So help me God.”;
2) “I, (first name, surname),
having been appointed the Commander of the Lithuanian 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 Lithuanian Armed Forces 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 implement the established policy of development of the Armed Forces. The Commander of the Armed Forces shall be the highest ranking military official of the State representing the Lithuanian Armed Forces 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 Armed Forces for the armed defence of the State by ensuring its interoperability with the armed forces of other NATO member countries and participation in multinational operations.
7. In implementing the command of the Armed Forces, 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 Armed Forces the assignments of protection of the territory, control and protection of the territorial sea, the economic zone and the airspace of the State;
5) set forth the requirements mandatory for all the armed forces, ways and means to ensure interoperability;
6) set forth combat training requirements for the institutions which, upon introduction of martial law, form part of the armed forces;
9) ensure the enforcement of laws and other legal acts, be responsible for the order and discipline in the Armed Forces;
10) ensure the protection of secrets in the Armed Forces in accordance with the requirements set forth by legal acts;
11) 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 fulfilling service at the Second Investigation Department under the Ministry of National Defence;
13) confer, in accordance with the procedure laid down by an institution authorised by the Government, the title of a sponsor of the Armed Forces to the persons who have merits to the Armed Forces;
14) be responsible for the effective functioning of the military administration and logistics system;
15) submit proposals to the Minister of National Defence regarding improvement of military structures and functional systems (logistics, communications, etc.);
17) set forth requirements for the staffing, education, and professional training of the military personnel, be responsible for the training of servicemen of the active military reserve and the prepared reserve and the effective functioning of the military educational establishments subordinate to him;
18) form selection commissions for proposal of candidates for the commanders appointed by him and promotion of junior officers;
20) submit to the Minister of National Defence justification of the budget needs of the Armed Forces and proposals on the allocation of funds;
21) control and be responsible for the efficient and targeted use of funds and property of the Armed Forces;
22) be in charge of the provision of supplies to the Armed Forces: distribute arms, equipment, other material resources, be responsible for the organisation of their protection and accounting and effective use;
24) in accordance with the procedure laid down by the Minister of National Defence, appoint servicemen to positions, transfer them to or dismiss from the positions, 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 Armed Forces (the armed forces). In performing the functions of strategic-level command of the Armed Forces (the armed forces), the Commander of the Armed Forces shall have the right to involve divisions of the administration of the Ministry of National Defence in accordance with the procedure laid down by the Minister of National Defence.
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 national defence and military operations
1. Command of national defence 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 the Armed Forces shall take strategic decisions on the military protection of the State, armed defence, and military operations and give assignments 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 multinational operations, battalion-sized military units of the Lithuanian Armed Forces (the armed forces) may, in accordance with the procedure laid down by the law, be 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 units shall carry out actions, combat assignments shall be planned and performed, and commanders of the military units shall exercise tactical command.
5. The civilian command of national defence 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 assignments given 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 trips 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 Armed Forces, they shall be substituted respectively by the Speaker of the Seimas and another member of the Government appointed to temporarily substitute the 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. He shall also organise the drawing up of plans of the armed defence of the State and submit these plans to the Commander of the Armed Forces.
9. The Chief of Joint Headquarters shall determine specific combat assignments for the combined units and battalion-sized military units under his operational command and issue orders to the military units 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 of the Armed Forces 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 a 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 military units of the Armed Forces, the preparedness of the State Border Guard Service, the VIP Protection Department, the Public Security Service and the Lithuanian Riflemen’s Union for joint defence actions with the Armed Forces, also perform other functions established by legal acts.
Article 15. Defence Staff (repealed)
Article 16. Purpose of types of the regular 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 continental shelf.
5. The functions of the types of military forces, combined units and battalion-sized military units shall be specified by the Minister of National Defence on a 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 assignments to the types of the military forces, combined units and the battalion-sized military units not attributed to the combined units shall be given 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 units of the Volunteer Forces shall be trained for joint actions with other military units.
4. The functions of the Volunteer Forces in peacetime shall be as follows: training of volunteer servicemen, rendering of assistance of the receiving state to the armed forces of allies, performance of the tasks of the Armed Forces stipulated in Article 12(1) of this Law. In the period of armed defence against aggression (in wartime), the military units of the Volunteer Forces shall perform the assignments of defence, protection of important state or municipal facilities and assistance to the armed forces of allies given to them.
Article 18. Assistance rendered by the Armed Forces to other state and municipal institutions
1. Military units 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 assignments 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 emergency indicates that the Lithuanian Armed Forces 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 in the carrying out of an operation of response to a terrorist attack in the cases when 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 under the Ministry of the Interior (hereinafter: the ‘VIP Protection Department’) in ensuring the protection of protected persons in the cases when capacities of the VIP Protection Department and other statutory establishments of the interior are insufficient or inappropriate;
9) where necessary, to assist the institutions 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, in carrying out these works;
2. In the cases indicated in point 1 of paragraph 1 of this Article, military units may be used to render assistance to forces of the civil protection system under an order of the Minister of National Defence at a written request of the head of the Government Emergency Commission or the director a municipal administration the territory whereof includes the emergency area. Actions of the military units and the forces of the civil protection system shall be coordinated according to the interoperability plans developed in advance by the Commander of the Armed Forces or the commanders of the military units authorised by him and the Director of the Fire and Rescue Department under the Ministry of the Interior or the officers of the civil protection system authorised by him.
3. In the case indicated in point 2 of paragraph 1 of this Article, military units shall be used to render assistance to the institutions ensuring implementation of the Law on the State of Emergency under an order of the Minister of National Defence at a written request of the head of an institution responsible for the management of emergencies. The interoperability of the military units with other state and municipal institutions shall be coordinated by the head of an institution responsible for the management of emergencies.
4. In the case indicated in point 3 of paragraph 1 of this Article, military units may be used to render assistance to the State Border Guard Service under an order of the Minister of National Defence at a written request of the Minister of the Interior. The interoperability of the military units 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 point 4 of paragraph 1 of this Article, the technical facilities of surveillance and control as well as military vessels and aircraft assigned to the Armed Forces may be used. Such assistance shall be rendered by the Armed Forces according to general plans of the interoperability of the Armed Forces with the state border guard, customs, environment protection, fisheries and shipping control institutions and agreements on assistance. These plans and agreements shall be drawn up 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 coordinated by the interdepartmental Commission for the Protection and Control of the Territorial Sea, the Exclusive Economic Zone and Continental Shelf.
6. In the cases indicated in point 5 of paragraph 1 of this Article, a military unit may be used under an order of the Commander of the Armed Forces or a commander within the chain of operational command authorised by him at a written request of the Commissioner General of the police or an officer authorised by him. An order on the use of the military unit to assist the police shall be immediately notified to the Minister of National Defence, who shall have the right to repeal the order upon coordination with the Minister of the Interior. The military unit to be used 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 for 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 unit 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 point 6 of paragraph 1 of this Article, a military unit may be used under an order of the Minister of National Defence, when the Crisis Management Committee takes a decision on the use of the military unit due to a terrorist attack. A terrorist attack response operation in which assistance is rendered by the military unit shall be led by the commander of the terrorist attack response operation appointed in accordance with the procedure laid down by legal acts.
8. In the cases indicated in point 7 of paragraph 1 of this Article, military units may be used under an order of the Minister of National Defence 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 point 8 of paragraph 1 of this Article, a military unit may be used under an order of the Commander of the Armed Forces at a written request of the Director of the VIP Protection Department or his deputy. An order on the use of the military unit 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 upon prior coordination with the Minister of the Interior. The military unit to be used 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 for 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 unit and other state institutions or agencies shall be coordinated by an officer appointed by the Director of the VIP Protection Department or his deputy.
10. In the case indicated in point 9 of paragraph 1 of this Article, the technical facilities of surveillance and control as well as military vessels and aircraft assigned to the Armed Forces may be used. Such military assistance shall rendered in accordance with the procedure laid down by the Commander of the Armed Forces upon receipt of a 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 official authorised by him.
11. In the case indicated in point 11 of paragraph 1 of this Article, military units may be used under the conditions and in accordance with the procedure laid down by the Minister of National Defence and the Minister of the Interior.
12. In the case indicated in point 11 of paragraph 1 of this Article, military units may be used to render assistance to an intelligence institution under an order of the Minister of National Defence at a written request of the head of the intelligence institution. The actions of the military units and the intelligence institution shall be coordinated according to an interoperability plan coordinated by the Commander of the Armed Forces or the commanders of the military units authorised by him and the head of the intelligence institution or the intelligence officers authorised by him.
13. 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.
14. When rendering assistance to other state or municipal institutions in the cases indicated by this Article, the Armed Forces may use military force only to the extent that it is necessary to attain the goals of assistance. Military force shall be used in accordance with the procedure laid down by the Statute on the Use of Military Force.
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 Armed Forces shall organise, coordinate 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 Armed Forces shall organise, coordinate 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 Armed Forces 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 Armed Forces 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 Armed Forces shall organise and participate, in cooperation with other state and municipal institutions, in the training and exercises of organisation, coordination 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 General Jonas Žemaitis Military Academy of Lithuania (hereinafter: the ‘Academy’) shall be a military educational establishment – a state university.
2. The Academy shall act as a budgetary institution, and the rights and duties of the owner thereof shall be exercised by the Government or an institution authorised by it. The Academy shall be reorganised or liquidated in accordance with the procedure laid down by the Law of the Republic of Lithuania on Budgetary Institutions. A decision on the reorganisation and liquidation of the Academy shall be adopted by the Seimas on a recommendation of the Government. The Academy shall be financed from the appropriations of the state budget allocated to the Ministry of National Defence. The structure and list of positions of the Academy shall be approved by the Minister of National Defence.
3. The conditions of and the procedure for fulfilling cadets’ service at the Academy shall be established by the Statute of the Academy and other legal acts regulating active military service. The Statute of the Academy shall be approved by the Government on a recommendation of the Minister of National Defence.
4. The Academy shall be led by the single-person management body - the head of the Academy, who shall be appointed to his position by the Minister of National Defence. The advisory bodies, namely, the Senate of the Academy and the Council of the Academy, shall be formed to achieve the goals of the Academy. The functions of the bodies of the Academy shall be specified in the Statute of the Academy.
5. The employees of the Academy working under employment contracts shall be subject to the conditions of remuneration for work as specified by the legal acts regulating the remuneration of employees of budgetary institutions.
6. At the Academy, cadets shall be trained to become officers under university study, military training and non-formal education programmes. Requirements for the training of officers at the Academy shall be established by the Minister of National Defence on a recommendation of the Commander of the Armed Forces.
7. The cadets who have expressed their willingness to acquire the specialities required by the national defence system which are acquired by granting a higher education qualification at other Lithuanian higher education institutions and conforming to the conditions for admission to studies under the relevant study programmes may be seconded to study at other Lithuanian higher education institutions. The cadets seconded to study at other Lithuanian higher education institutions shall acquire the status of an unclassified student of the Academy and shall be trained to become officers under military training programmes. The cadets who have acquired the higher education qualification at other Lithuanian higher education institutions and have completed military training programmes at the Academy shall be issued a diploma of the relevant Lithuanian higher education institution certifying the awarded qualification degree and a certificate of the Academy confirming the completion of a military training programme. The conditions of and procedure for selecting cadets for secondment to study at other Lithuanian higher education institutions shall be established by the Minister of National Defence.
8. The list of the specialities required by the national defence system and acquired by granting a higher education qualification at other Lithuanian higher education institutions shall be specified by the Minister of National Defence on a recommendation of the Commander of the Armed Forces. The number of the cadets seconded to specific higher education institutions of Lithuania under the study programmes pursued by the Lithuanian higher education institutions in a given year shall be determined by an agreement between the Ministry of National Defence and the relevant Lithuanian higher education institution and published in the terms and conditions of admission to the Academy for studies under university study, military training and non-formal education programmes.
9. At the Academy, professionals of military science and national security may be trained under university study programmes. The Academy shall also conduct scientific research relevant for national security and defence and may organise the military training and non-formal education of other servicemen in active military service.
10. Military training at the Academy shall be organized for the purpose of formation and improvement of professional skills of servicemen in active military service and for the acquisition of the specialities specified by the Minister of National Defence on a recommendation of the Commander of the Armed Forces.
11. The conditions of admission to the Academy for studies under university study, military training and non-formal education programmes shall be specified by the Minister of National Defence. The head of the Academy shall establish a procedure for organising admission to the Academy.
12. The Academy shall admit the persons who have completed secondary education, are fit for professional military service and meet the conditions of admission for studies at the Academy under university study, military training and non-formal education programmes as specified by the Minister of National Defence. A person who is admitted to the Academy as a cadet shall conclude with the Academy a contract on a cadet’s service whereunder he shall undertake to study and to perform other duties of a cadet and, upon completing studies, to fulfil professional military service if invited to enter such on his graduation day. Cadets shall be invited to enter professional military service taking into account the results of their studies and military training at the Academy and the needs of the national defence system and military service. Where a cadet who has completed studies or a military training programme at the Academy is not invited to conclude a contract on professional military service, he shall be transferred to the reserve.
13. Cadet studies, military training and non-formal education at the Academy and studies of cadets seconded to study at other Lithuanian higher education institutions in compliance with the provisions of paragraph 8 of this Article shall be financed from the state budget appropriations allocated to the Ministry of National Defence. Cadet studies at other Lithuanian higher education institutions shall be charged a tuition fee not higher than the standard fee. Cadets shall be provided with living accommodation (in barracks). The cadres seconded to study at other Lithuanian higher education institutions shall be provided with the living accommodation in accordance with the procedure established by the Minister of National Defence. The cadets shall be provided with food or, in the cases specified by the Statute of the Academy, shall have expenses for meals reimbursed in the amount determined by the Government. The cadets shall be granted scholarships from the state budget appropriations allocated to the Ministry of National Defence. The amounts of the cadets’ scholarships and the procedure for paying them shall be specified by the Statute of the Academy. The cadets shall not be granted the scholarships provided for in the Law of the Republic on Higher Education and Research. The conditions of reimbursement of cadets’ travel expenses shall be established by the Statute of the Academy. The procedure for reimbursing the cadets’ travel expenses, the maximum distance of reimbursable travel in both directions per day as well as the amount of reimbursable expenses per kilometre of travel by own vehicles shall be established by the Government or an institution authorised by it.
14. The cadets who have been expelled from the Lithuanian institutions of higher education to which they had been posted to study and to acquire the specialities required by the national defence system shall have their contracts on a cadet’s service terminated and shall be expelled from the Academy.
15. The ranks of the servicemen studying at the Academy according to formal or non-formal education programmes shall be suspended during the period of their studies at the Academy. In the course of training for officers, cadets shall, in accordance with the procedure laid down by the Statute of the Academy, be conferred cadet ranks.
16. Under agreements of the Ministry of National Defence with other state institutions or relevant 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 Armed Forces 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. The 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 related to the serviceman’s service in the national defence system have been violated may refer to a superior commander or to 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 be subjected to humiliation.
7. Citizens of the Republic of Lithuania shall acquire the status of a serviceman in the following manner:
1) as military conscripts assigned to fulfil initial mandatory military service - from the moment of arrival to a military unit or the moment of coming under the subordination of a superior military officer;
2) as servicemen in professional military service – from the day of admission to professional military service;
3) as volunteer servicemen and other servicemen of the active reserve, also servicemen of the prepared reserve – 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 serviceman of the active reserve
1. Volunteer servicemen and other servicemen of the active reserve shall participate in exercises and training as part of a military unit, also perform the tasks assigned to the Armed Forces by laws under an instruction of the Minister of National Defence. With the exception of the preparation for service in multinational operations provided for in paragraph 3 of this Article, also participation in multinational exercises and exercises and training in training military units, the training of volunteer servicemen and other servicemen of the active reserve shall last from 20 up to 50 days per year.
2. The duration of exercise and training, the programmes thereof and their periodicity shall be determined by the Commander of the Armed Forces. Without a prior notice, volunteer servicemen and other servicemen of the active reserve may be called up for service for a period up to seven days.
3. The exercise, training of volunteer servicemen and other servicemen of the active reserve and performance of service-related assignments shall be held equivalent to performance of official duties. Employers must release volunteer servicemen and other servicemen of the active reserve from their work for the duration of their exercise, training or when they are called up for the performance of the assignments. Employees must release from work the volunteer servicemen and other servicemen of the active reserve sent to fulfil service in a military unit of multinational operations during their preparation for service in multinational operations and during service in the multinational operations.
4. A volunteer serviceman or another serviceman of the active reserve who has served in an exemplary manner for a period of at least ten years or who has particularly distinguished himself in performing service assignments may be awarded respectively the Honorary Volunteer Serviceman title or the Honorary Serviceman of the Active Reserve title. The regulations of awarding of the Honorary Volunteer Serviceman title or the Honorary Serviceman of the Active Reserve title and awarding of the Badge of Honour shall be approved by the Minister of National Defence.
Article 23. Serviceman’s oath
1. Every citizen of the Republic of Lithuania shall, upon commencing active military service, 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:
1) “ I, (name and surname), 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 all secrets entrusted to me;
I swear to be an honest and honourable Lithuanian serviceman.
So help me God.”;
2) “ I, (name and surname), 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 all secrets entrusted to me;
I swear to be an honest and honourable Lithuanian serviceman.”
4. The Lithuanian serviceman’s oath shall be taken by:
1) servicemen in initial mandatory military service and cadets – not later than within 20 days from the acquisition of the status of a serviceman;
2) professional military servicemen, unless they had taken the Lithuanian serviceman’s oath previously – upon their admission to this service;
5. Signed personal oath sheets shall be kept in servicemen’s personal files, and the lists of the servicemen who have taken the oath – with a battalion-sized military unit.
Article 231. Breach of the Oath
A breach of the Lithuanian serviceman’s oath as provided for in Article 23(2) of this Law, a breach of the Lithuanian officer’s oath as provided for Article 24(2) of this Law, also a breach of the oath of the Commander of the Lithuanian Armed Forces as provided for in Article 13(2) of this Law shall mean 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: an ‘officer’) shall be a representative of the Lithuanian Armed Forces acting in the capacity of a military official within his remit. The title of an 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.”;
2) “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 conditions of fulfilment of a serviceman’s service, the disciplinary liability of servicemen, the use of military force and the procedure for and conditions of fulfilment of civilian national defence service 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 units, military training and other establishments shall be established by the internal rules of procedure as approved by commanders or superior military officers.
Article 26. Discipline and material liability of servicemen
1. A serviceman must conscientiously and duly perform service-related duties and execute orders of commanders (superior military officers), abide by laws and statutes, not exceed the rights granted to him by the laws, and protect state and official secrets.
2. A serviceman shall be responsible for the service-related property, monetary funds or other material valuables 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 service-related duties, a violation of law or discipline need to be established, an official investigation shall be conducted. It shall be conducted in accordance with the procedure laid down by the disciplinary statute of the Armed Forces, also by the Minister of National Defence or the Commander of the Armed Forces.
Article 27. Prohibition to issue an unlawful order or to force to fulfil unlawful service
2. Nobody may issue to a serviceman or to a military unit an order forcing the serviceman to break his oath, a clearly unlawful order (that incurs 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 the law.
3. If a clearly unlawful order is issued, a serviceman shall not be allowed to 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, according to their level of education, physical fitness, health condition and moral characteristics, are fit for professional military service or who, 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 profession (the professionals holding a degree of higher or secondary education and needed by the Armed Forces) shall be admitted to professional military service on the basis of the volunteering and selection principles. They shall be subject to the requirements to know the State language as established by legal acts.
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 study under military training programmes for the purpose of acquiring the military training.
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:
1) the persons who have served a custodial sentence and convicts until the expiry of their conviction or the expiry of the period of suspension of execution of a sentence;
4) the persons who, under the law, may not be granted the right to familiarise with 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 expiry, 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 service-related duties 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 or other service in the active reserve
1. The military conscripts who, according to their individual characteristics, experience and training, are fit for volunteer military service or other service in the active reserve may be admitted to volunteer military service or other service in the active reserve on the basis of the volunteering and selection principles.
2. If the military conscripts who enter voluntary military service or other service in the active reserve have not acquired basic military training, they shall be seconded to study under the military training programmes intended for the acquisition of military training.
3. The following persons may not be volunteer servicemen and other servicemen of the active reserve:
1) the persons who have served a custodial sentence and convicts until the expiry of their conviction or the expiry of the period of suspension of execution of a sentence;
4. A person shall be admitted to volunteer military service under a contract on volunteer military service.
5. A person shall be admitted to service in the active reserve, with the exception of volunteer military service, under a contract on service in the active reserve.
6. Institutions of the national defence system shall, prior to conclusion of a contract on volunteer military service or a contract on service in the active reserve, verify the questionnaire data of a person admitted to service and the circumstances which may hinder fulfilment of volunteer military service or other service in the active reserve.
Article 30. Calling up for initial mandatory military service
Citizens of the Republic of Lithuania shall be called up for 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 commit to fulfil it under the conditions 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 institution of higher education for officers – until they attain the age for transfer to the reserve as specified in Article 45(4) of this Law;
2) with servicemen admitted to professional military service – for a period not exceeding five years and not later than until a serviceman attains the age for transfer to the reserve as specified in Article 45 of this Law;
3. Upon the expiry of the term of validity of a fixed-term contract on professional military service in the cases indicated in point 2 of paragraph 2 of this Article, the contract, as concluded with a serviceman, may be extended for a period not exceeding five years and not later than until the serviceman attains the age for transfer to the reserve as specified in Article 45(4), (5) and (6) of this Law
4. Irrespectively of the term of validity of a contract on professional military service, it may be terminated prior to expiry of its term of validity in the cases provided for in 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 divisions of the Ministry of National Defence and in the institutions of the national defence system directly subordinate to the Minister of National Defence;
6. In accordance with the selection requirements, conditions and procedure 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 persons shall enter into and extend contracts on professional military service on behalf of the Ministry of National Defence:
1) the Commander of the Armed Forces – with military officers with a rank up to that of a major/lieutenant commander inclusive;
2) commanders of battalion-sized military units – with servicemen of the Armed Forces with a rank up to that of a sergeant major/master chief petty officer;
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/master chief petty officer.
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 institution of higher education by secondment of the Ministry of National Defence.
Article 32. Contract on volunteer military service
1. A contract on volunteer military service shall be a written agreement between a military conscript and the Ministry of National Defence whereunder the Minister of National Defence or a person authorised by him shall admit the military conscript to volunteer military service, and the military conscript shall pledge to fulfil it under the terms and conditions 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 attains the age of 55 years.
Article 321. Contract on service in the active reserve
1. A contract on service in the active reserve shall be a written agreement between a military conscript and the Ministry of National Defence whereunder the Minister of National Defence or a person authorised by him shall admit the military conscript to service in the active reserve, with the exception of volunteer military service, and the military conscript shall pledge to fulfil it under the terms and conditions and in accordance with the procedure laid down by laws and other legal acts and to perform all duties of a serviceman of the active reserve.
2. A contract on service in the active reserve shall be concluded for a period not exceeding four years.
3. Upon the expiry of the term of validity of a contract on service in the active reserve, 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 serviceman of the active reserve attains the age of 55 years.
Article 33. Appointment to a position of a serviceman admitted to professional military service
1. Upon entering into a contract on professional military service, a serviceman shall be appointed to a position in the Armed Forces corresponding to his rank by:
1) an order of the commander of a battalion-sized unit – to a position up to a platoon leader, also to other positions within a unit up to a sergeant major/master chief petty officer inclusive;
Article 34. Trial periods for professional military service, volunteer military service or other service in the active reserve
1. A trial period not exceeding six months may be applied to a person admitted to professional military service.
2. The persons admitted to professional military service in combat units 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 unit’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 persons to volunteer military service or other service in the active reserve, a trial period of up to six months shall be established.
Article 35. Service appraisal of servicemen in professional military service, volunteer servicemen or other servicemen of the active reserve
1. The service of servicemen in professional military service, with the exception of the Commander of the Armed Forces, volunteer servicemen or other servicemen of the active reserve shall be subject to appraisal.
2. The purpose of appraisal of service of a serviceman in professional military service, a volunteer serviceman or another serviceman of the active reserve shall be to assess the serviceman’s service-related activities, qualifications, suitability for the current position or for a higher position.
3. The service of a serviceman in professional military service, a volunteer serviceman or another serviceman of the active reserve shall be appraised as:
4. The service of a serviceman in professional military service, a volunteer serviceman or another serviceman of the active reserve shall be appraised upon the expiry of a trial period, also shall be appraised in the following cases:
1) at the request of the serviceman in professional military service, the volunteer serviceman or another serviceman of the active reserve;:
2) upon the expiry of the term of validity of a contract of the serviceman in professional military service, the volunteer serviceman or another serviceman of the active reserve and it is proposed to extend it;
3) when the serviceman in professional military service, the volunteer serviceman or another serviceman of the active reserve is participating in selection for the conferral of a higher rank of a serviceman, is nominated for a state award or an award of the national defence system or for promotion in another manner;
4) when the serviceman in professional military service, the volunteer serviceman or another serviceman of the active reserve is appointed to another position or upon the expiry of the term of holding a position specified in Article 57 of this Law;
5) when the serviceman in professional military service is transferred to the temporary personnel reserve of professional military service in the cases provided for in points 1, 2, 6, 8 and 9 of Article 42(2) of this Law;
6) when essential shortcomings of the activities of the serviceman in professional military service, the volunteer serviceman or another serviceman of the active reserve are established, and this raises reasonable doubts as to his suitability for the position;
6) when the volunteer serviceman or another serviceman of the active reserve submits an application for entering professional military service;
8) for the first four years of uninterrupted professional service or for one year of service under a contract on volunteer military service or a contract on service in the active reserve, except for the servicemen who have been appointed to an initial position in professional military service and who have graduated from the Academy or a foreign military educational establishment whereto they have been seconded by the Ministry of National Defence and whose graduates are conferred the initial rank of an officer.
5. In the cases listed in points 1-5 of paragraph 4 of this Article, appraisal shall be possible, provided that more than 12 months have lapsed after the last appraisal.
6. The service of a serviceman in professional military service shall not be appraised during the period of the serviceman’s transfer to the temporary personnel reserve of professional military service in the cases provided for in Article 42(2) of this Law if the serviceman’s military service performance was appraised prior to his transfer to the temporary personnel reserve of professional military service.
7. Appraisal of service of servicemen in professional military service, volunteer servicemen or other servicemen of the active reserve shall be carried out by commanders (superior officers). These commanders (superior officers) shall be appointed, the procedure for appraising the service of servicemen in professional military service, volunteer servicemen or other servicemen of the active reserve and criteria for assessing performance and suitability for the current position or for a higher position shall be established by the Minister of National Defence. In the case specified in point 8 of paragraph 4 of this Article, the service of servicemen in professional military service, volunteer servicemen or other servicemen of the active reserve shall be appraised by a commission formed by the Minister of National Defence from representatives of institutions of the national defence system. Regulations of this commission shall be approved by the Minister of National Defence or a person authorised by him.
Article 36. Restrictions on military service
1. Servicemen in active military service, with the exception of volunteer servicemen and other servicemen of the active reserve, 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 the 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 initial mandatory or professional military service for the duration of his 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 Article 36(1), reserve and retired servicemen, volunteer servicemen and other servicemen of the active reserve, also servicemen of the prepared reserve 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 Article 42(5) of this Law.
6. A serviceman in professional military service may not be linked by direct subordination, according to the position held by him, with his spouse, close relative or a person related to him by marriage.
7. Servicemen in professional military service may not be elected or appointed members of the management bodies of enterprises, except for the enterprises, agencies or organisations of the national defence system members of the management bodies whereof they are elected or appointed in accordance with the procedure laid down by legal acts, be members of a trade union, go on strikes, use service time and property and the opportunities offered by service for purposes other than service-related ones. The servicemen in professional military service shall not be allowed to work under an employment contract, to engage in individual activities, except in the cases provided for by this Law. A serviceman who owns a personal enterprise, is a member of a small partnership 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 not cause a conflict of private or service-related interests as a result of possession thereof or links with the company/enterprise in which the serviceman holds ownership, not create preconditions for using service for personal interests, not discredit the authority of service and not prevent the serviceman in professional military service from properly performing his duties. The servicemen in professional military service of the national defence system who carry out criminal intelligence 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 serviceman in professional military service 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 and service-related interests. The serviceman may not represent an institution of the national defence system:
1) when dealing with the 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. The servicemen in professional military service who in the national defence system hold the position of a military doctor or an assistant thereof may, if necessary, be posted to another state and municipal personal health care institution preserving the same basic pay under the terms and conditions specified in a bilateral contract concluded in accordance with the procedure laid down by the ministers of national defence and health between an institution of the national defence system and the personal health care institution. The right to work during spare time 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 the Republic 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 record file of the prepared reserve of military personnel 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.
*12. During spare time, servicemen in professional military service shall have the right to engage in creative activity, including the transfer of property rights to their works. Subject to obtaining a permission of the Minister of National Defence or a person authorised by him, soldiers of a professional military service shall also have the right to engage in pedagogical activities, including pedagogical activities under an employment contract, or to engage in creative activity under an employment contract and to receive remuneration or salary, unless this leads to a conflict of public and private interest in service, creates preconditions for using service for personal interests, discredits the authority of service, prevents the servicemen in professional military service from performing his duties properly. The decision permitting the serviceman in professional military service to engage in pedagogical activities, including pedagogical activities under the employment contract, or to engage in creative activity under the employment contract shall be valid until the transfer of the serviceman to another position, but not more than for three years from the taking of the decision. The decision permitting the serviceman in professional military service to engage in pedagogical activities, including pedagogical activities under the employment contract, or to engage in creative activity under the employment contract may be revoked by the person who has taken this decision if the circumstances referred to in this paragraph due to which such the permission could not have been issued emerge. Applications for permission to engage in pedagogical activities, including pedagogical activities under the employment contract, or to engage in creative activity under the employment contract shall be considered and decisions shall be taken and revoked in accordance with the procedure established by the Minister of National Defence.
Article 37. Early termination of professional military service, volunteer military service or other service in the active reserve on a serviceman’s initiative
1. A serviceman who has entered into a contract on professional military service, a volunteer serviceman or another serviceman of the active reserve who has entered into a contract on volunteer military service or a contract on service in the active reserve may terminate service on his initiative prior to expiry of the term committed to under the contract solely in accordance with the procedure laid down by the Minister of National Defence and by 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 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 Article 38(2)(3) of this Law.
Article 38. Grounds for terminating a contract on professional military service, a contract on volunteer military service or a contract on service in the active reserve
1. A contract on professional military service, a contract on volunteer military service or a contract on service in the active reserve must be terminated and/or a serviceman must be dismissed from service in the national defence system when:
3) a judgment 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 military service is evaluated unfavourably;
5) the serviceman incurs property damage to the national defence system by a deliberate and unlawful act;
6) the serviceman in professional military service violates the requirements or restrictions of Article 36 of this Law;
7) the term of validity of the contract on professional military service, the contract on volunteer military service or the contract on service in the active reserve expires or the serviceman attains the age specified in Article 45(4) or in Article 32(3) 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, a contract on volunteer military service or a contract on service in the active reserve may be terminated and/or a serviceman shall be dismissed from service in the national defence system on the initiative of the leadership of the Ministry of National Defence or of the Armed Forces when:
1) a battalion-sized military unit, a service or another institution of the national defence system is being liquidated;
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 the 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’s service has been appraised as unsatisfactory;
7) it is established that when on duty, the serviceman was under the influence of alcohol or intoxicated with narcotic, psychotropic or other psychoactive substances, as well as when it is established that the serviceman was using narcotic, psychotropic or other psychoactive substances without a doctor’s prescription;
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 laws reasonably demand the serviceman’s dismissal from service or reasonably recommend that the serviceman is not issued an authorisation to access the information comprising state secrets and official secrets (recommend to revoke this authorisation), when the position held by him requires such 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) on a recommendation of a commander (superior military officerr) not lower than the commander of a battalion-sized military 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, volunteer military service or other service in the active reserve in accordance with point 1 of paragraph 1 of this Article shall not be transferred to the reserve or to the prepared reserve of military personnel or placed in retirement. By a decision of the Minister of National Defence, it shall also be possible not to transfer to the reserve or to the prepared reserve of military personnel and/or to place in retirement the servicemen dismissed from professional military service, volunteer military service or other service in the active reserve in accordance with points 2, 3, 8 and 9 of paragraph 1 of this Article, also in accordance with point 6 of paragraph 1 of this Article due to a violation of the restriction specified in Article 36(11) of this Law.
4. The right to terminate contracts on professional military service, contracts on volunteer military service or contracts on service in the active reserve on the grounds specified in this Article shall be vested in the Minister of National Defence or the Commander of the Armed Forces and other commanders or officials authorised by him.
Article 39. Conditions of termination of a contract on professional military service not through the fault of a serviceman
1. On its own initiative or by its will, the leadership of the Ministry of National Defence or of the Armed Forces may, in the absence of a serviceman’s fault (points 1, 2, 5, 6, 12 and 13 of Article 38(2) 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 of an additional compensation specified in Article 40(3).
2. A contract on professional military service may not be terminated and a serviceman may not be dismissed from military service in the cases specified in points 1, 2, 5, 6, and 12 of Article 38(2) during his illness/temporary incapacity for work, provided the duration of the illness does not exceed four months.
3. In the cases provided for in points 1, 2, 3, 4, 7, 8, and 9 of Article 38(1) and points 3, 7, 8, and 13 of Article 38(2) 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 points 5 and 6 of Article 38(1) and points 4, 5, 6, 9, 10, 11 and 12 of Article 38(2) 38 and Article 37(1) 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 on the initiative or by the will of the leadership not through the fault of a serviceman (points1, 2, 5, 6, 12 and 13 of Article 38(2) of this Law), when a serviceman in professional military service attains the age for transfer to the reserve as specified by this Law (Article 38(1)(7) 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 on the initiative or by the will of the leadership not through the fault of a serviceman (points 1, 2, 5, 6, 12 and 13 of Article 38(2) 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 (points 1, 2, 5, 6, 12 and 13 of Article 38(2) 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 proposals 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 the cases and under the 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 appoint the serviceman 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 battalion-sized military unit, combined unit or location or to the temporary personnel reserve of professional military service by a decision of the Minister of National Defence or a commander authorised by him. Servicemen shall be 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 personnel reserve of professional military service in the following cases:
1) in the case of rotation, when transferring to another position – until appointment 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 Article 49(3) of this Law – for the period of a professional training, improvement of qualifications or studies;
7) upon the serviceman’s return from the professional training, improvement of qualifications or studies indicated in Article 49(3) 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;
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 diplomatic missions, consular posts and missions of the Republic of Lithuania 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 three 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 the mission of the Republic of Lithuania to the international organisation or at the 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 the mission of the Republic of Lithuania to the international organisation or of a special attaché at the diplomatic mission of the Republic of Lithuania only subject to approval of the Seimas Committee on National Security and Defence. The serviceman may, on a recommendation of the Minister of Foreign Affairs, fulfil military service in a special mission of the Republic of Lithuania. The serviceman may be appointed to a special mission of the Republic of Lithuania in accordance with the procedure laid down by the Law of the Republic of Lithuania on the Diplomatic Service.
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 for a period of up to three years.
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 a serviceman in professional military service to this institution for a period of up to three years in derogation from 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 personnel reserve of professional military service without a change in pay for the duration of the sickness leave.
7. The regulations of the temporary personnel reserve of professional military service shall be approved by the Minister of National Defence.
8. When a serviceman is prohibited from handling or familiarising with classified information during a screening carried out in accordance with the Law of the Republic of Lithuania on State Secrets and Official Secrets, and the head of an entity of secrets or a person authorised by him decides that the serviceman cannot perform the specified functions without accessing the classified information, he shall be transferred to another position for which there is no requirement to hold an authorisation to handle or familiarise with classified information.
9. Where a serviceman is deprived of the right to familiarise with classified information and to 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 personnel reserve of professional military service as provided for in point 1 of paragraph 2 of this Article, a serviceman shall be dismissed from professional military service.
Article 43. Suspension of a serviceman from duties
1. If a serviceman is under the influence of alcohol or intoxicated with narcotic, psychotropic or other psychoactive substances when on duty, he shall be suspended from duties by an order of a superior commander (superior officer) for the remainder of his duty for that day.
2. In the absence of a position to which a serviceman could be transferred in accordance with the procedure laid down in Article 42(8) of this Law, the serviceman shall be suspended from duties for the period of a screening performed in accordance with the Law of the Republic of Lithuania on State Secrets and Official Secrets.
3. Upon the expiry of a certificate of expert examination issued by the military medical examination commission of the Lithuanian Armed Forces, a serviceman shall be suspended from duties until a military medical examination is carried out and the serviceman’s fitness for service is determined according to his health condition.
4. A serviceman may be suspended from duties:
5. If a serviceman is suspected of a serious disciplinary violation, such as abuse of service, exceeding of service-related authority, violation of the restrictions imposed on servicemen’s service by this Law, degrading of the name of a serviceman or discrediting of institutions of the national defence system, and an official inspection concerning this fact has been initiated or the official inspection has been initiated concerning the fact that the serviceman subject to inspection actively interferes or seeks to interfere with the conduct of the inspection, also the official inspection has been initiated for other compelling reasons which could cause prejudice to interests of service, the serviceman may, by an order of the senior officer entitled to appoint the serviceman to the position concerned, be suspended from duties until the taking of a decision on the conclusion of the official inspection.
6. If a serviceman is declared as suspect or accused in a criminal case and there is a ground for establishing in the act of the serviceman suspected of having committed a crime or a misdemeanour the elements of degrading of the name of a serviceman or discrediting of institutions of the national defence system, also for other compelling reasons which could cause prejudice to interests of service, the serviceman may, by an order of the senior officer entitled to appoint the serviceman to the position concerned, be suspended from duties until the taking of a relevant decision by the competent authority, namely, until termination of a pre-trial investigation or criminal proceedings or passing of a judgment of conviction or acquittal, but not longer than for six months.
7. A serviceman in professional military service who is suspended for duties may, except in the case provided for in paragraph 1 of this Article, be transferred to the temporary personnel reserve of professional military service.
8. During the period of suspension from duties, servicemen in professional military service and servicemen of the active reserve shall not be paid their basic pay and bonuses. In this case, the restrictions specified in Article 36 of this Law concerning work in the capacity of an employee, adviser, expert or consultant for enterprises, institutions and organisations outside the national defence system, membership of the management bodies thereof, holding of other elective or appointed positions, receipt of remuneration other than for creative and pedagogical activity, control by proxy of more than 10% of shares in any single enterprise, provision of commercial services or representation of the interests of any enterprises, institutions and organisations outside the national defence system and travel abroad for these purposes shall not apply.
9. If during an official inspection it is established that a serviceman has not committed a disciplinary violation, has not been convicted in accordance with the procedure established by laws of the commission of a criminal act, also if, during a screening carried out in accordance with the procedure established by the Law of the Republic of Lithuania on State Secrets and Official Secrets, it is established that there is no ground for refusing to issue to the serviceman or revoking an authorisation to handle or familiarise with classified information, he shal be reinstated in his former position. Within 10 working days after a serviceman in professional military service or a serviceman of the active reserve resums his position, he shall be paid a basic pay and a bonus for the period during which he was suspended from his duties, as well as a late payment interest of 0.07% on this amount. The late payment interest shall not be paid if the damage caused to the serviceman has been compensated for in accordance with the procedure established by other laws. The amount of the late payment interest established by the Law shall be adjusted once a year in accordance with the procedure established by the Government or an institution authorised by it, taking into account the consumer price index during the previous calendar year.
10. If in a case concerning a serviceman a pre-trial investigation or criminal proceedings are terminated or a judgment of acquittal is passed, the serviceman shall be paid the amount of his basic pay and bonuses for the period during which he was suspended from duties.
11. The period during which a serviceman was suspended from duties shall not be included in the period of service in the national defense system, except for the cases when during an official inspection it is recognised that the serviceman has not committed a disciplinary violation and has not been convicted in accordance with the procedure established by laws of the commission of a criminal act.
Article 44. Reimbursement of expenses for a serviceman’s training
1. If a cadet is expelled from a military educational establishment or a Lithuanian higher education institution to which he was seconded in accordance with the procedure laid down in Article 20 of this Law or refuses to conclude a contract on professional military service, he must, having regard to the conditions established in paragraphs 3 and 4 of this Article, reimburse expenses for studies, except for expenses for the first year of study.
2. A serviceman whose contract on professional military service or contract on volunteer military service or contract on service in the active reserve 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 or contract on service in the active reserve is terminated in the cases provided for in points 1, 2, 3, 5, 6 and 8 of Article 38(1) and in points 3, 4, 7, 8, 9, 10 and 11 of Article 38(2) of this Law must, having regard to the conditions specified in paragraphs 3 and 4 of this Article, reimburse the expenses of the national defence system directly related to his studies, professional training and improvement of qualifications.
3. In the case of studies at a military educational establishment, a Lithuanian higher education institution or a foreign higher education institution upon completion whereof a higher education qualification is acquired, expenses shall be reimbursed only if a serviceman does not serve in professional military service for a period of five years after the completion of the studies. The expenses related to the professional training and improvement of qualifications of the serviceman shall be reimbursed only if the serviceman does not serve in professional military service or service in the active reserve for a period of three years after the completion of professional training or improvement of qualifications. The expenses for studies, professional training and improvement of qualifications shall not be reimbursed if the serviceman terminates a contract on professional military service, a contract on volunteer service or a contract on service in the active reserve by a decision of the Minister of National Defence prior to expiry of its term of validity for recognised compelling reasons and the circumstances which are beyond the serviceman’s control and which cannot be eliminated.
4. The expenses to be recovered from a serviceman shall be reduced in equal instalments in proportion to each year of service in professional military service or service in the active reserve having regard to the number of years to be mandatorily served as referred to in paragraph 3 of this Article. The amount of expenses for studies to be recovered may not exceed 70 base social benefits per study year. The procedure for calculating the expenses for studies, professional training and improvement of qualifications to be recovered shall be established by the Government or an institution authorised by it.
5. When terminating a contract on professional military service or a contract on volunteer military service or a contract on service in the active reserve prior to expiry of its term of validity, the serviceman must reimburse 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 disability (Article 38(1)(9) of this Law) or due to a health condition (Article 38(2)(5) of this Law), a serviceman shall be dismissed from his position and transferred from professional military service to the reserve not later than within 28 days.
3. A serviceman shall transfer his duties during a period from dismissal from his position until the transfer to the reserve. During this period, he shall receive a serviceman’s basic pay.
4. With the exception of the servicemen indicated in paragraphs 5 and 6 of this Article, servicemen in professional military service shall be transferred to the reserve upon attaining of the following age:
2) with a rank between a corporal/petty officer 3rd class and a sergeant major/master chief petty officer – 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 Armed Forces – 65 years.
Article 46. Extension of service for the servicemen who have attained the age for transfer from professional military service to the reserve
1. The Minister of National Defence may, taking into account the needs of the national defence system, extend professional military service for the soldiers/seamen, junior officers and majors/lieutenants commanders who have attained the age specified in Article 45(4) of this Law for a period not exceeding ten years (or twice for a period of five years), professional military service for non-commissioned officers and colonels/captains (navy) – for a period not exceeding four years (or twice for a period of two years) and professional military service for lieutenants colonels/commanders – for a period not exceeding six years (or twice for a period of three years).
2. The Minister of National Defence may, taking into account the needs of the national defence system, extend professional military service for the junior officers and majors/lieutenants commanders who, in accordance with Article 5(2) of the Law of the Republic of Lithuania on the Organisation of the National Defence System and Military Service, are transferred to the reserve upon attaining the age of 47 years: for first lieutenants/lieutenants junior grade – for a period not exceeding three years, for captains/lieutenants (navy) – for a period not exceeding six years (or twice for a period of three years), for majors/lieutenants commanders – for a period not exceeding nine years (or for the periods of five years and four years).
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) the reserve servicemen holding the qualification of a doctor or an assistant thereof upon attaining of the age of 60 years;
Article 48. Disputes over military service and settlement thereof
1. The disputes regarding removal from office, transfer to another position, conferral of servicemen’s 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 examined 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 giving of a notice thereof.
2. The disputes regarding admission to military service, dismissal from professional military service, volunteer military service or other service in the active reserve, also regarding 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. If a court establishes that a person has been dismissed from professional military service, volunteer military service or other service in the active reserve in the absence of the grounds provided for in this Law, the court may reinstate him to professional military service, volunteer military service or other service in the active reserve. The person re-instated by the court to professional military service, volunteer military service or other service in the active reserve shall be appointed to a position or placed in the temporary personnel reserve 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 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 professional training, improvement of qualifications and studies of servicemen
1. The procedure for selecting servicemen in professional military service, volunteer servicemen and other servicemen of the active reserve, also cadets for professional training, improvement of qualifications or studies shall be established by the Minister of National Defence.
2. The conditions of service and supply of servicemen in professional military service, volunteer servicemen and other servicemen in the active reserve, also cadets during professional training, improvement of qualifications or studies shall be established by the Government or an institution authorised by it.
Article 50. Certificate of military 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, his evaluation, and status upon fulfilment 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 has fulfilled service without the disciplinary and law violations indicated in paragraphs 3 and 4 of this Article shall bear a record that he is transferred to the reserve/placed in retirement under honourable conditions.
3. If a serviceman is dismissed in the cases specified in points 6, 7, 8 and 9 of Article 38(2) of this Law or a contract on professional military service as concluded with the serviceman is terminated prior to expiry of its term of validity through his fault, a certificate shall bear a record that he is transferred to the reserve/placed in retirement upon fulfilment of service by omitting the words “under honorable conditions”. The words “under honorable conditions” may also, by a decision of the Minister of National Defence, be omitted if the serviceman has been punished for serious violations of servicemen’s discipline for which he has not been dismissed from service.
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 points 1, 2, 3, 5 and 6 of Article 38(1) of this Law shall bear the words “dismissed for a violation of the law”.
6. The servicemen in professional military service, volunteer servicemen and other servicemen of the active reserve 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.
Article 52. Servicemen’s ranks
1. Servicemen’s 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 the servicemen who have been placed in retirement may hold servicemen’s 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 naval force
special operations forces and the air force
1) soldiers and seamen
private recruit seaman recruit
private seaman apprentice
private 1st class seaman
2) non-commissioned officers
corporal petty officer 3rd class
sergeant, sergeant specialist petty officer 2nd class, petty officer 2nd class specialist
sergeant 1st class, sergeant specialist 1st class petty officer 1st class, petty officer 1st class specialist
staff sergeant, staff sergeant specialist chief petty officer, chief petty officer specialist
master sergeant senior chief petty officer
sergeant major master chief petty officer
3) junior officers
second lieutenant ensign
first lieutenant lieutenant junior grade
captain lieutenant (navy)
Article 53. Conferral of the initial rank on 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.
2. The initial rank to be conferred on a non-commissioned officer shall be that of a corporal/petty officer 3rd class.
3. The rank to be conferred on the servicemen in professional military service who have acquired the basic military training and who 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/petty officer 2nd class specialist according to the specialisation/qualification held by them shall be the higher rank of a sergeant specialist/petty officer 2nd class specialist instead of the initial rank of a corporal/petty officer 3rd class.
5. The initial rank of an officer shall be conferred to cadets who have graduated from a military educational establishment or a Lithuanian higher education institution and completed a military training programme at the Academy and who have taken the officer’s oath. This rank shall also be conferred to the citizens of the Republic of Lithuania who have a higher education and have completed the military training courses intended for the training of officers.
6. The lawyers who have completed the military training courses intended for the training of officers and are entering professional military service or who are fulfilling professional military service and complete the military training courses intended for the training of officers and who have acquired a university degree of higher education, 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 conferral of 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 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 established by the Minister of National Defence.
2. Servicemen shall enter selection for the conferral of higher ranks provided they have served:
1) as a private recruit, seaman recruit – for not less than six months under a contract on professional military service or for not less than eight months under a contract on volunteer service or a contract on service in the active reserve, provided that a serviceman has served not less than 20 service days during that period;
2) as a private, seaman apprentice, private 1st class, seaman – for not less than one year and six months under a contract on professional military service or for not less than two years under a contract on volunteer service or a contract on service in the active reserve, provided that a serviceman has served not less than 60 service days during that period;
3) as a corporal, petty officer 3rd class, sergeant, petty officer 2nd class, sergeant specialist, petty officer 2nd class specialist – for not less than two years under a contract on professional military service or for not less than three years under a contract on volunteer service or a contract on service in the active reserve, provided that a serviceman has served not less than 80 service days during that period;
4) as a sergeant 1st class, petty officer 1st class, sergeant specialist 1st class, petty officer 1st class specialist, staff sergeant, chief petty officer, master sergeant, senior chief petty officer – for not less than three years under a contract on professional military service or for not less than six years under a contract on volunteer service or a contract on service in the active reserve, provided that a serviceman has served not less than 180 service days during that period;
5) as a second lieutenant, ensign – for not less than two years under a contract on professional military service or for not less than four years under a contract on volunteer service or a contract on service in the active reserve, provided that a serviceman has served not less than 120 service days during that period;
6) as a first lieutenant, lieutenant junior grade – for not less than three years under a contract on professional military service or for not less than six years under a contract on volunteer service or a contract on service in the active reserve, provided that a serviceman has served not less than 180 service days during that period;
7) as a captain, lieutenant (navy) – for not less than four years under a contract on professional military service or for not less than eight years under a contract on volunteer service or a contract on service in the active reserve, provided that a serviceman has served not less than 240 service days during that period;
8) as a major, lieutenant commander – for not less than five years under a contract on professional military service or for not less than ten years under a contract on volunteer service or a contract on service in the active reserve, provided that a serviceman has served not less than 300 service days during that period;
9) as a lieutenant colonel, commander – for not less than five years under a contract on professional military service or for not less than ten years under a contract on volunteer service or a contract on service in the active reserve, provided that a serviceman has served not less than 300 service days during that period.
3. Taking into account the needs of the national defence system, a certain number of the servicemen who have particularly distinguished themselves in service 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 a first lieutenant/lieutenant junior grade – provided they have served at least one-third of this time. A military chaplain who holds 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 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 battalion-sized military 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 professionals in the areas of medicine, finance and law and hold 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 a 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 on an officer who has served as a colonel/captain (navy) for a period of at least three years and meets the requirement set forth in paragraph 5 of this Article upon appointing him as the Director-General for Capabilities and Armaments, the Chief of Joint Headquarters, the commander of a type of regular 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 according to the rank conferred 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, taking into account existing circumstances, have the right to establish other conditions for the conferral of higher military ranks on the servicemen fighting in the Armed Forces.
12. Servicemen of the prepared reserve, reserve servicemen and the servicemen placed in retirement shall not be conferred higher ranks.
13. A citizen of the Republic of Lithuania who holds the rank of a reserve officer of another state and is admitted to professional military service, volunteer military service or other service in the active reserve 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 person’s military qualification meets the needs of the national defence system according to requirements of the Lithuanian Armed Forces).
14. 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, volunteer military service or other service in the active reserve shall be conferred a military rank in accordance with the requirements of the Armed Forces regardless of the official rank held.
15. 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 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 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 a 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.
16. A provisional military rank shall remain valid while an officer is holding a position in relation with the appointment whereto 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 shall be conferred to the cadets upon graduation from a military training establishment or a Lithuanian higher education institution and completion of a military training programme at the Academy by the President of the Republic on a recommendation of the Minister of National Defence. In other cases, the initial officer’s rank shall be conferred by the Minister of National Defence.
2. The ranks of a colonel/captain (navy), general, and admiral shall be conferred by the President of the Republic.
3. In compliance with the limitations on the number of soldiers, 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:
1) up to the rank of a sergeant 1st class, sergeant specialist 1st class inclusive – by the commander of a battalion-sized military unit with a senior officer’s rank;
2) up to the rank a master sergeant/senior chief petty officer inclusive – by the next higher commander in the chain of command with the rank of at least a lieutenant colonel/commander;
4. In compliance with 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 officer’s ranks (with the exception of the cases specified in Article 54(13) and (14) of this Law and in paragraph 5 of this Article) on a recommendation of an advisory selection commission by:
1) an order of the Commander of the Armed Forces – ranks of junior officers, with the exception of the initial rank of an officer;
5. Servicemen at the Second Investigation Department shall be conferred higher officer’s ranks up to the rank of a lieutenant colonel/commander inclusive by the Minister of National Defence.
6. In the cases provided for in Article 54(13) and (14) 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 a 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, volunteer military service or other service in the active reserve in the cases provided for in Article 36(11) of this Law – on a recommendation of an advisory commission.
Article 56. Deprivation of a rank
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 point 1, 2 or 3 of Article 38(1) or point 3, 4 or 8 of Article 38(2) of this Law.
Article 57. Duration of holding a position by and rotation of officers and generals/admirals
1. The Director-General for Capabilities and Armaments, the Chief of Joint Headquarters, commanders of types of regular 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, and 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. In 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 unit, 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 45 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 unit of international operations may not be granted the paternity leave taking into consideration the location of the military unit 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). The servicemen in professional military service shall be granted parental leave of the duration specified by labour legislation not exceeding the term of validity of a contract on professional military service of a serviceman who is granted such leave. Servicemen in professional military service serving in military units of international operations shall, taking into consideration the location of a military unit 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 unit. 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 shall, in connection with their appointment to the position or service specified in Article 4292) of this Law and upon expiry of the term of this position or service and when returning to a position or service in the Republic of Lithuania, also upon expiry of the term of a multiational operation or a long voyage and when returning to a position or service in the Republic of Lithuania, be granted relocation leave of the duration of up to five calendar days. During this leave, the servicemen in professional military service shall be paid their average remuneration calculated in accordance with the procedure established by the Government.
9. The servicemen in professional military service who have returned from service in a multinational operation or from a long voyage shall be granted rehabilitation and/or reintegration leave of the duration of 15 calendar days. Rehabilitation and reintegration leave shall be granted for the improvement of health and reintegration in the cases when a serviceman has health disorders. Reintegration leave shall be granted for the implementation of reintegration when the serviceman has no health disorders. This leave shall be granted to the servicemen in professional military service returning from service in the multinational operation or from the long voyage not later than two months after their return. During this leave, the servicemen in professional military service shall be paid their average remuneration calculated in accordance with the procedure established by the Government. The procedure for granting the rehabilitation and/or reintegration leave to servicemen in professional military service shall be established 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 and other servicemen of the active reserve shall, during service in a multinational operation, be granted 15 calendar days of leave, while the volunteer servicemen and other servicemen of the active reserve returning from service in the multinational operation or from a long voyage shall be granted relocation leave of the duration of up to five calendar days in accordance with the procedure established by the Minister of National Defence commencing on the next working day after the return of a volunteer serviceman or another serviceman of the active reserve from the multinational operation or the long voyage, and rehabilitation and/or reintegration leave of the duration of 15 calendar days. Rehabilitation and reintegration leave shall be granted for the improvement of health and reintegration in the cases when the serviceman has health disorders. Reintegration leave shall be granted for the implementation of reintegration in the cases when the serviceman has no health disorders. Volunteer servicemen and other servicemen of the active reserve shall, during their leave, be paid the monthly basic pay in the amount established for a serviceman in professional military service with an appropriate rank during the first year of service and calculated in proportion to the number of days of the leave.
12. Servicemen in continuous initial mandatory military service shall be granted a leave of the duration of seven calendar days, including travel days, twice in their service year.
14. The conscripts uninterruptedly participating in training for commanders of junior officers for a period of two months shall be granted a leave of the duration of three calendar days, including travel days, and for each subsequent two-month period of uninterrupted participation in such training – additional three calendar days of leave, including travel days, however the total duration of the annual leave may not exceed nine calendar days.
15. A servicemen in initial mandatory military service shall, in accordance with the procedure laid down by the Minister of National Defence, be granted a leave of the duration of three up to seven calendar days solely due to family circumstances. 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.
16. The duration of leave of cadets shall be regulated mutatis mutandis by the Law on Higher Education and Research.
18. 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, in accordance with the procedure laid down by the Minister of National Defence, be paid a monthly benefit for household needs in the amount specified by the Government. They may also be paid premiums for exemplary service in the amount specified by the Government. The conditions of and procedure for paying the premiums shall be established by the Minister of National Defence.
2. The procedure for remunerating servicemen in professional military service for their service 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 serviceman in professional military service shall depend on the serviceman’s rank and the number of years served in that rank. The amounts of the basic pay of the servicemen in professional military service fulfilling their service at the Second Investigation Department under the Ministry of National Defence shall be determined by the Law on Intelligence.
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 the position in question.
5. The rates 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 rates 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. The servicemen in professional military service flawlessly performing their service-related duties may, twice a year (on the occassion of Christmas and Easter holidays), be paid holiday premiums in the amount of up to one month’s basic pay (without a position-related bonus) and, not more than once per year, premiums for exemplary service in the amount of up to one month’s basic pay (without the position-related bonus), provided that a serviceman’s service is appraised as very good or good. The amount of the premiums, the conditions of and procedure for paying the premiums shall be established by the Minister of National Defence.
7. Volunteer servicemen and other servicemen of the active reserve, also servicemen of the prepared reserve drafted for exercises, training or to perform service assignments shall be paid a salary for the days of service from the appropriations allocated in the budget of the Ministry of National Defence for these purposes. The rates of salaries for the servicemen fulfilling their service in the reserve 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.
9. Servicemen in professional military service, except for the servicemen referred to in paragraph 10 of this Article, shall, for the first four years of uninterrupted professional military service, be paid a lump-sum cash benefit, except for the cases when their service is appraised as unsatisfactory. The periods during which a serviceman was transferred to the temporary personnel reserve of professional military service in the cases provided for in Article 42(2) of this Law shall not be included into the period of four years of uninterrupted service. The amount of the benefit shall be calculated in accordance with the base amount of the basic salary (remuneration) of state politicians, judges, state officials and civil servants of the Republic of Lithuania established for the year in which the serviceman in professional military service becomes entitled to this benefit and shall depend on the results of the appraisal of the service of the serviceman in professional military service:
1) 45 base amounts – for the servicemen in professional military service whose service is appraised as very good;
2) 35 base amounts – for the servicemen in professional military service whose service is appraised as good;
10. The servicemen appointed to an initial position in professional military service upon graduation from the Academy or a foreign military educational establishment to which they have been seconded by the Ministry of National Defence and whose graduates are conferred the initial rank of an officer shall be paid a lump-sum cash benefit, except for the cases when they are appraised as unsatisfactory. The amount of the benefit shall depend on the results of a cadet’s appraisal whose procedure and criteria shall be established by the Minister of National Defence:
11. Volunteer servicemen and other servicemen of the active reserve shall, for the first four years of uninterrupted service under a contract of a volunteer serviceman or a serviceman of the active reserve, be paid a lump-sum cash benefit, except for the cases when their service is appraised as unsatisfactory. The benefit shall be granted when, during the first four years of uninterrupted service, the volunteer serviceman or another serviceman of the active reserve annually completes at least the duration of exercise and training of servicemen of the active reserve determined by the Commander of the Armed Forces, with the exception of periods of sick leave, maternity leave and maternity leave. The amount of the benefit shall be calculated in accordance with the base amount of the basic salary (remuneration) of state politicians, judges, state officials and civil servants of the Republic of Lithuania established for the year in which the volunteer serviceman and another serviceman of the active reserve becomes entitled to this benefit and shall depend on the results of the appraisal of the service of the volunteer serviceman and another serviceman of the active reserve:
1) 9 base amounts – for the volunteer servicemen and other servicemen of the active reserve whose service is appraised as very good;
2) 7 base amounts – for the volunteer servicemen and other servicemen of the active reserve whose service is appraised as good;
12. The benefits and premiums as provided for in paragraphs 1, 6, 8, 9, 10 and 11 of this Article shall be paid or gifts shall be purchased from the appropriations allocated to the Ministry of National Defence. The premiums shall be paid from the payroll funds saved by the Ministry of National Defence.
Article 61. Conditions of servicemen’s service abroad or during multinational operations
1. The conditions of servicemen’s service during preparation for multinational operations and during the multinational operations shall be established by the Government or an institution authorised by it.
2. Servicemen in professional military service shall, in the cases specified in Article 42(3) of this Law and under the conditions and in accordance with the procedure established by the Government or an institution authorised by it, be reimbursed for the expenses related to relocation to and return to a foreign state, be paid a compensation for the expenses related to work abroad and a benefit for living accommodation, also for expenses for utilities and communications services, expenses for life and health insurance or health care, be compensated for expenses for return to the Republic of Lithuania and back to the foreign state once per year and be reimbursed for other necessary expenses related to service abroad.
3. The amount of the benefits/compensations paid to servicemen in professional military service for the spouse, minor children/adopted children, unless they have been emancipated or have entered into marriage, full-aged children/adopted children under the age of 20 years if they have a common household with a serviceman in professional military service, have not entered into marriage and have not completed secondary education, minor children/adopted children of the spouse if their place of residence has been established together with the spouse of the serviceman in professional military service and they have not been emancipated or have not entered into marriage, full-aged children/adopted children under the age of 20 years if their place of residence has been established together with the spouse of the serviceman in professional military service and they have a common household with the serviceman in professional military service, have not entered into marriage and have not completed secondary education, dependants the guardian or custodian whereof the serviceman in professional military service and/or his spouse has been appointed (hereinafter collectively: ‘family members’), where they reside abroad with the serviceman in professional military service, in coonection with professional military service at diplomatic missions of the Republic of Lithuania, special missions, missions to international organisations, foreign states and international military or defence institutions, also the conditions of and procedure for reimbursement of the necessary expenses related to travel to, residence in and return from a foreign state 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 or an institution authorised by it. The procedure for wearing a uniform of active service servicemen shall be laid down by the Minister of National Defence on a recommendation of the Commander of the Armed Forces.
2. The Minister of National Defence may, when transferring a serviceman to the reserve, and with the exception of the cases specified in Article 50(6) of this Law, grant to him the right to wear on ceremonial occasions a serviceman’s uniform with a reserve serviceman’s insignia. The insignia of a reserve serviceman shall be established by the Minister of National Defence.
3. 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 on the same occasions, however, they must wear the insignia of a retired serviceman as specified by the Minister of National Defence.
4. 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.
5. Servicemen may purchase the uniforms intended for ceremonial occasions using their own funds. Models of such uniforms shall be approved by the Minister of National Defence.
6. The persons who wear a military uniform, separate elements of the uniform and insignia unlawfully (without an authorisation) shall be held liable under the law.
7. The manufacturing of military badges or attributes or other badges or attributes of the national defence system other than those ordered by the Ministry of National Defence or the Armed Forces shall be prohibited. The Ministry of National Defence shall have the exclusive right to handle these badges and insignia.
Article 63. Provision of servicemen with clothing and food supplies, official apartments and other living accommodation
1. The conditions and standards of provision of servicemen with clothing supplies shall be established by the Government or an institution authorised by it.
2. Servicemen in initial mandatory military service shall be provided with living accommodation in barracks. The procedure for providing with living accommodation in the barracks shall be established by the Minister of National Defence.
3. The volunteer servicemen or other servicemen of the active reserve, also servicemen of the prepared reserve who have been called up for exercises or training or to perform service assignments shall be provided with living accommodation (in barracks).
4. The servicemen in professional military service who have been transferred from one location of service to another and who themselves or whose family members do not hold in that location by the right of ownership any living accommodation or a part thereof meeting technical and hygiene requirements may temporarily, but in any case for a period not exceeding three months be accommodated in official apartments in accordance with the procedure laid down by the Minister of National Defence. The servicemen shall not pay any rent for accommodation in the official apartments. The servicemen must pay charges for cold and hot water, electricity, gas, heating and utilities (removal of garbage, use of elevator, cleaning of common-use indoor and outdoor areas, etc.) according to the rates valid in that location.
5. The servicemen in professional military service who are not eligible for official apartments or whom it is not possible to accommodate in official apartments in the location of service and who themselves or whose family members do not hold in the location of service by the right of ownership any living accommodation or a part thereof meeting technical and hygiene requirements may be provided with temporary living accommodation (in barracks). The duration of and procedure for providing the temporary living accommodation in the barracks shall be established by the Minister of National Defence.
7. Servicemen in initial mandatory military service shall be provided with food supplies in accordance with the physiological nutrition standards established by the Government or an institution authorised by it. In the cases when the servicemen in initial mandatory military service are released from service by a decision of the commander of a battalion-sized military unit and are authorised to leave the battalion-sized military unit for more than one day, they shall be paid a pecuniary reimbursement of expenses for meals in the amount established for servicemen in professional military service for the days spent away from service. Such expenses shall also be reimbursed in the cases when it is not possible to provide the servicemen in initial mandatory military service with food supplies.
8. 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, the servicemen having the status of an intelligence officer, also defence attachés 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. The procedure for and the amounts of the pecuniary reimbursement of expenses for meals shall be established by the Government.
9. Volunteer servicemen and other servicemen of the active reserve, also servicemen of the prepared reserve shall, during the period of exercises or training or performance of service-related 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. The procedure for and the amounts of the pecuniary reimbursement of expenses for meals shall be established by the Government.
Article 631. Reimbursement of expenses for the rent of living accommodation to servicemen in professional military service
1. The servicemen in professional military service who have been transferred/rotated to another county, also the servicemen who have been appointed to an initial position in professional military service and who have graduated from the Academy or a foreign military educational establishment whereto they have been seconded by the Ministry of National Defence and whose graduates are conferred the initial rank of an officer shall be reimbursed for expenses for the rent of living accommodation from the appropriations allocated to the Ministry of National Defence.
2. The maximum amount of expenses for the rent of living accommodation, depending on the location whereto the persons listed in paragraph 1 of this Article have been transferred/rotated or seconded, also on the number of the family members living together with them, except for the spouse, shall be approved by the Government having regard to prices on the rental market for living accommodation. The expenses for rent of living accommodation shall be reimbursed in accordance with the procedure established by the Minister of National Defence according to the rent rate specified under a written contract between a serviceman in professional military service and the renter, which shall not exceed the maximum amount of the expenses for the rent of living accommodation approved by the Government. If a family consists of two servicemen in professional military service (spouses) who are entitled to reimbursement of expenses for the rent of living accommodation and serve in the same county, they shall be reimbursed expenses for the rent of one living accommodation without exceeding the maximum amount of expenses for the rent of living accommodation in that location of service as established by the Government.
3. Expenses for the rent of living accommodation shall be reimbursed for a period of six years from the transfer/rotation of the persons listed in paragraph 1 of this Article to another county or appointment to the position. If, during this period of six years, they are transferred/rotated within the territory of the same county, they shall continue to be reimbursed for the expenses for the rent of living accommodation, but not more than for a period of six years from their transfer/rotation to another county or appointment to the position. Upon transferring/rotating a serviceman in professional military service to another county, the term of six years shall run afresh.
4. Expenses for the rent of living accommodation shall not be reimbursed to the persons listed in paragraph 1 of this Article, where in that county they themselves and their family members hold by the right of ownership any living accommodation or a part thereof meeting technical and hygiene requirements and have conveyed it within the last five years (with the exception of conveyance due to dissolution of marriage) and have been temporarily provided with official apartments or, at their own choice, have been applied the guarantees provided for in Article 64(4) of this Law. The term of five years regarding the conveyance of living accommodation or a part thereof shall run from the transfer/rotation or appointment of the persons indicated in paragraph 1 of this Article to another position in another county.
Article 64. Postal, travel, and relocation expenses of servicemen
2. The servicemen in professional military service being transferred to another location shall be reimbursed for their relocation expenses (travel and transfer of property) in accordance with the procedure laid down by the Government and not exceeding the maximum reimbursable amount of these expenses as specified by the Government.
3. The servicemen in professional military service who, in compliance with a service-related assignment given by their commander (superior military officer), travel to another location within the territory of Lithuania shall be reimbursed for their travel expenses by any mode of transport (with the exception of taxi).
4. The servicemen in professional military service who have been transferred/rotated to another municipality, also the servicemen who have been appointed to an initial position in professional military service and who have graduated from the Academy or a foreign military educational establishment whereto they have been seconded by the Ministry of National Defence and whose graduates are conferred the initial rank of an officer, where in that municipality they themselves or their family members do not hold by the right of ownership any living accommodation or a part thereof meeting technical and hygiene requirements and have not conveyed them within the last five years (with the exception of conveyance due to dissolution of marriage) and have not been provided with official apartments in the cases when they are not reimbursed for the expenses for the rent of living accommodation and it is not possible or it is not expedient to transport them to the place of service and back by duty vehicles shall be reimbursed for their travel expenses from the place of residence to service and back by any mode of passenger transport (with the exception of taxi). The term of five years regarding the conveyance of living accommodation or a part thereof shall run from the transfer/rotation or appointment to another position in another municipality. Travel expenses shall be reimbursed for a period of six years from the transfer/rotation or appointment to the position. If, during this period of six years, the servicemen in professional military service are transferred/rotated within the territory of the same municipality, they shall continue to be reimbursed for their travel expenses, but not more than for a period of six years from their transfer/rotation to another municipality or appointment to the position. Upon transferring/rotating a serviceman in professional military service to another municipality, the term of six years shall run afresh.
5. When a serviceman in professional military service is recalled from 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. The procedure for reimbursing travel expenses, the maximum distance of reimbursable travel in both directions per day as well as the amount of reimbursable expenses per kilometre of travel by own vehicles shall be established by the Government or an institution authorised by it.
8. Volunteer servicemen and other servicemen of the active reserve, also the servicemen of the prepared reserve who have been called up for exercises or training or to perform service-related assignments shall have their travel expenses to service and back, also travel expenses to perform service-related 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. Activities of servicemen’s health promotion at divisions of the Armed Forces
1. Health promotion activities, with the exception of the services indicated in paragraph 2 of this Article, the scope of and special requirements for which are determined by the Minister of National Defence and the Minister of Health and conditions of the carrying out of which are specified by the Minister of National Defence shall be organised and carried out from the appropriations allocated to the Ministry of National Defence:
1) for servicemen in active military service, the statutory civil servants fulfilling civilian national defence service;
2) for volunteer servicemen, other servicemen of the active reserve and servicemen of the prepared reserve following service, exercises or training, the servicemen in mandatory military service who have fulfilled continuous initial mandatory military service or have been dismissed from such service, where a health disorder occurs for the reasons, as related to a serviceman’s service, the procedure for determining which shall be established by the Minister of National Defence;
3) for the civil servants of the national defence system and the employees working under employment contracts who are posted to fulfil service/to work in multinational operations or special missions, are participating and participated therein;
4) for the servicemen transferred to the reserve, the intelligence officers dismissed from service and the statutory civil servants dismissed from civilian national defence service who are recipients of state pensions of officials and servicemen for service and state work incapacity pensions of officials and servicemen – for a period not exceeding six months from their transfer to the reserve or dismissal from service;
5) for the servicemen of foreign states and the civil servants assigned to military forces who enter the Republic of Lithuania under international cooperation programmes;
6) for the persons fulfilling service/working outside the national defence system during military operations abroad and in the cases when the Armed Forces render assistance to other state and municipal institutions;
2. The primary personal healthcare services financed from funds of the budget of the Compulsory Health Insurance Fund shall be provided in divisions of the Armed Forces only to the persons listed in paragraph 1 of this Article who are covered by compulsory health insurance. These services shall be provided in the divisions of the Armed Forces also to other persons covered by compulsory health insurance. The conditions of and the procedure for providing primary personal healthcare services financed from funds of the budget of the Compulsory Health Insurance Fund in the divisions of the Armed Forces shall be established by the Minister of Health subject to coordination with the Minister of National Defence.
3. Health promotion activities for the servicemen referred to in paragraphs 1 and 5 of this Article shall be organised and carried out in Lithuania by subdivisions of the Armed Forces, access shall also be provided to the services provided and works performed by other personal or public healthcare institutions of the national healthcare system, which shall be settled for in accordance with the procedure established by the Government. Health promotion activities for the servicemen, civil servants, and employees working under employment contracts participating in multinational operations or special missions abroad shall be organised and carried out by subdivisions of the Lithuanian Armed Forces or the institutions of foreign states or international organisations carrying out health promotion activities.
4. The servicemen in actual military service, reserve servicemen and the servicemen placed in retirement who have been injured for the reasons related to military service or a serviceman’s status shall, from the appropriations allocated to the Ministry of National Defence, be paid costs of the health care services provided to a serviceman in a foreign state and expenses of travel to and from a healthcare institution, expenses of travel of the person accompanying the serviceman and rent of living accommodation, as well as acquisition and maintenance of prosthetic and orthopaedic equipment. The procedure for paying such expenses shall be established by the Government or an institution authorised by it.
5. The procedure for carrying out health check-ups to determine fitness for service of servicemen in active military service, the statutory civil servants fulfilling civilian national defence service, intelligence officers, the persons being admitted to or called up for active military service, civilian national defence service, service at an intelligence institution or combat platoons of the Lithuanian Riflemen’s Union, volunteer servicemen, and other active and prepared reserve servicemen and selecting according to health condition shall be established by the Government or an institution authorised by it.
Article 651. Social integration measures
1. Servicemen, the civil servants and employees working under employment contracts who are posted for participation, are participating and participated in multinational operations and special missions, also spouses, children/adopted children, parents (adoptive parents) of the servicemen, civil servants and employees working under employment contracts who are posted for participation, are participating and participated in multinational operations and special missions, as well as the servicemen fulfilling service in the form of long voyage or returning from long voyage, the persons whose guardians or custodians they have been appointed, children/adopted children of the spouses of the servicemen, civil servants, and employees working under employment contracts, the persons whose guardians or custodians they have been appointed, the persons living together with the servicemen, civil servants and employees working under employment contracts who are posted for participation, are participating and participated in multinational operations and special missions or with the servicemen who are posted to fulfil service in the form of long voyage or who have returned from such voyage as referred to in the Law of the Republic of Lithuania on Cash Social Assistance for Poor Residents, also the persons referred to in Article 65)(1)(4) of this Law shall be provided psychological support services from the appropriations allocated to the Ministry of National Defence, and the scope of and the procedure for providing such services shall be established by the Minister of National Defence.
2. Reintegration shall be provided to the servicemen returning from a multinational operation, special mission or long voyage, the civil servants and employees working under employment contracts, also to their spouse, children/adopted children, parents/adoptive parents, the persons whose guardians or custodians they have been appointed, children/adopted children of a serviceman, civil servant, and employee, the persons whose guardians or custodians they have been appointed, and the persons living together as referred to in the Law of the Republic of Lithuania on Cash Social Assistance for Poor Residents. The procedure for providing reintegration and reintegration measures shall be established by the Minister of National Defence. These services shall be financed from the appropriations allocated to the Ministry of National Defence.
3. The servicemen in active military service, reserve servicemen and the servicemen placed in retirement whose have suffered a health disorder for the reasons related to the performance of service-related duties or where their health has been impaired for the reasons related to a serviceman’s status, who have become disabled or have lasting effects (motor and/or sensory and/or mental functions become impaired) hindering the performance of service-related functions shall be reimbursed for expenses of the acquisition, maintenance, and repair of the technical aids intended for the disabled from the appropriations allocated to the Ministry of National Defence. The procedure for reimbursing such expenses shall be established by the Government or an institution authorised by it.
Article 66. Social insurance of servicemen
1. Servicemen shall be provided with the types of social insurance indicated in the Law of the Republic of Lithuania on State Social Insurance. The procedure for and the conditions of insurance shall be established by the legal acts regulating specific types of social insurance.
Article 67. Lump sum compensation in the event of a serviceman’s perishing/death or health disorder
1. In the event of a serviceman’s perishing/death or health disorder for the reasons related to the performance of service-related duties or in the cases when the serviceman perishes or his health is impaired for the reasons related to a serviceman’s status, a lump sum compensation shall be paid in the amount specified in paragraphs 6, 7, 8, 9, 10, 11, 12, and 13 of this Article from the appropriations allocated to the Ministry of National Defence under the conditions and in accordance with the procedure laid down in this Article. The lump sum compensation specified in paragraphs 6, 7, 8, 9, 10, 11, and 12 of this Article shall be reduced by the payable amount of lump sum compensation for loss of capacity for work or periodic compensation for loss of capacity for work, to be paid no more than for 12 months, as stipulated in the Law of the Republic of Lithuania on Social Insurance of Occupational Accidents and Occupational Diseases. The lump sum compensation specified in paragraph 13 of this Article shall be reduced by the payable amount of a lump sum social insurance benefit upon the death of an insured person as stipulated in the Law of the Republic of Lithuania on Social Insurance of Occupational Accidents and Occupational Diseases.
2. A serviceman who perishes/dies for the reasons related to a serviceman’s status, with the exception of the cases provided for in paragraph 1 of this Article, shall, under the conditions and in accordance with the procedure established by this Article, be paid from the appropriations allocated to the Ministry of National Defence a lump sum compensation in the amount specified in paragraph 14 of this Article, which shall be reduced by the payable amount of a lump sum social insurance benefit upon the death of an insured person as stipulated in the Law of the Republic of Lithuania on Social Insurance of Occupational Accidents and Occupational Diseases.
3. The lump sum compensation specified in this Article shall not be paid where a serviceman perishes/dies or suffers a health disorder while committing a criminal act, disobeying a lawful order, not complying with requirements of technical safety or job description, during a traffic accident where this serviceman was driving a vehicle without an authorisation to drive it or allowing to drive it a person intoxicated with alcohol, narcotic, psychotropic or psychoactive substances or not authorised to drive it, also where the cause of the serviceman’s perishing/death or health disorder was intoxication with alcohol, narcotic, psychotropic or psychoactive substances, where the serviceman has committed a suicide, attempted a suicide or intentionally injured himself.
4. The degree of severity of a serviceman’s health disorder shall be determined by the Military Medical Expert Examination Commission of the Lithuanian Armed Forces formed and acting in accordance with the procedure laid down by the Government. The causal relationship between the serviceman’s perishing/death or health disorder and performance of service-related duties or a serviceman’s status shall be determined by an official investigation commission formed by the Minister of National Defence. The working arrangements of the official investigation commission and criteria for determination of the causal relationship between the serviceman’s perishing/death or health disorder and performance of service-related duties or a serviceman’s status shall be specified by the Minister of National Defence.
5. The causal relationship between a serviceman’s perishing/death or health disorder and performance of service-related duties or a serviceman’s status shall be determined where not more than three years have lapsed from the establishment of the fact of the serviceman’s death or health disorder. Decisions of the Military Medical Expert Examination Commission of the Lithuanian Armed Forces may be appealed against to court within ten days from their service upon the serviceman or other persons indicated in paragraph 15 of this Article or representatives thereof.
6. A serviceman who has lost 75-100% of his capacity for work due to a health disorder shall be paid a lump sum compensation in the amount of 60 one month’s basic pays (without bonuses) as established for a serviceman in professional military with an appropriate rank during the first year of service. A cadet shall be paid a lump sum 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 lump sum compensation may, by a decision of the Minister of National Defence, be paid in instalments, but not longer than for 30 months from the taking of a decision on the payment of the lump sum compensation.
7. A serviceman who has lost 60-70% of his capacity for work due to a health disorder shall be paid a lump sum compensation in the amount of 48 one month’s basic pays (without bonuses) as established for a serviceman in professional military with an appropriate rank during the first year of service. A cadet shall be paid a lump sum 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 lump sum compensation may, by a decision of the Minister of National Defence, be paid in instalments, but not longer than for 24 months from the taking of a decision on the payment of the lump sum compensation.
8. A serviceman who has lost 45-55% of his capacity for work due to a health disorder shall be paid a lump sum compensation in the amount of 36 one month’s basic pays (without bonuses) as established for a serviceman in professional military with an appropriate rank during the first year of service. A cadet shall be paid a lump sum 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 lump sum compensation may, by a decision of the Minister of National Defence, be paid in instalments, but not longer than for 18 months from the taking of a decision on the payment of the lump sum compensation.
9. A serviceman who has lost up to 40% of his capacity for work due to a health disorder shall be paid a lump sum compensation in the amount of 30 one month’s basic pays (without bonuses) as established for a serviceman in professional military service with an appropriate rank during the first year of service. A cadet shall be paid a lump sum compensation in the amount of 30 one month’s basic pays (without bonuses) as established for a private in professional military service during the first year of service. The lump sum compensation may, by a decision of the Minister of National Defence, be paid in instalments, but not longer than for 12 months from the taking of a decision on the payment of the lump sum compensation.
10. If as a result of a serious health disorder a serviceman does not become disabled following his medical treatment/upon the expiry of the period of temporary incapacity for work, but has lasting effects (motor and/or sensory and/or mental functions become impaired) and this results in reduction of his fitness for military service according to his medical condition, which is established after the lapse of 12 months from the expiry of the period of temporary incapacity for work, he shall be paid a lump sum compensation in the amount of 24 one month’s basic pays (without bonuses) as established for a serviceman in professional military service with an appropriate rank during the first year of service. If as a result of a serious health disorder a cadet does not become disabled, but has lasting effects (motor and/or sensory and/or mental functions become impaired) and this results in reduction of his fitness for military service according to his medical condition, which is established after the lapse of 12 months from the expiry of the period of temporary incapacity for work, he shall be paid a lump sum compensation in the amount of 24 one month’s basic pays (without bonuses) as established for a private in professional military service during the first year of service. The lump sum compensation may, by a decision of the Minister of National Defence, be paid in instalments, but not longer than for 12 months from the taking of a decision on the payment of the lump sum compensation. The lump sum compensation provided for in this paragraph shall not be paid where the serviceman has been paid a lump sum compensation in the cases provided for in paragraph 8 or 9 of this Article.
11. If as a result of a less serious health disorder a serviceman does not become disabled following his medical treatment/upon the expiry of the period of temporary incapacity for work, but has lasting effects (motor and/or sensory and/or mental functions become impaired) and this results in reduction of his fitness for military service according to his medical condition, which is established after the lapse of 6 months from the expiry of the period of temporary incapacity for work, he shall be paid a lump sum compensation in the amount of 18 one month’s basic pays (without bonuses) as established for a serviceman in professional military service with an appropriate rank during the first year of service. If as a result of a less serious health disorder a cadet does not become disabled following his medical treatment/upon the expiry of the period of temporary incapacity for work, but has lasting effects (motor and/or sensory and/or mental functions become impaired) and this results in reduction of the cadet’s fitness for military service according to his medical condition, which is established after the lapse of 6 months from the expiry of the period of temporary incapacity for work, he shall be paid a lump sum compensation in the amount of 18 one month’s basic pays (without bonuses) as established for a private in professional military service during the first year of service. The lump sum compensation may, by a decision of the Minister of National Defence, be paid in instalments, but not longer than for 12 months from the taking of a decision on the payment of the lump sum compensation. The lump sum compensation provided for in this paragraph shall not be paid where the serviceman has been paid a lump sum compensation in the cases provided for in paragraph 8 or 9 of this Article.
12. If as a result of a minor health disorder a serviceman does not become disabled, but has lasting effects (motor and/or sensory and/or mental functions become impaired) and this results in reduction of the serviceman’s fitness for military service according to his medical condition, which is established after the lapse of 3 months from the expiry of the period of temporary incapacity for work, the serviceman shall be paid a lump sum compensation in the amount of 12 one month’s basic pays (without bonuses) as established for a serviceman in professional military service with an appropriate rank during the first year of service. If as a result of a serious health disorder a cadet does not become disabled, but has lasting effects (motor and/or sensory and/or mental functions become impaired) and this results in reduction of his fitness for military service according to his medical condition, which is established after the lapse of 3 months from the expiry of the period of temporary incapacity for work, he shall be paid a lump sum compensation in the amount of 12 one month’s basic pays (without bonuses) as established for a private in professional military service during the first year of service. The lump sum compensation may, by a decision of the Minister of National Defence, be paid in instalments, but not longer than for 12 months from the taking of a decision on the payment of the lump sum compensation. The lump sum compensation provided for in this paragraph shall not be paid where the serviceman has been paid a lump sum compensation in the cases provided for in paragraph 8 or 9 of this Article.
13. In the event of a serviceman’s perishing/death for the reasons related to the performance of service-related duties or in the cases when the serviceman perishes for the reasons related to a serviceman’s status, a lump sum 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 be not less than 100 minimum monthly salaries as established by the Government per each dependant of the serviceman. In the event of a cadet’s perishing/death for the reasons related to the performance of service-related duties or in the cases when the cadet perishes for the reasons related to a serviceman’s status, a lump sum 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 be not less than 100 minimum monthly salaries as established by the Government per each dependant of the cadet. The lump sum compensation may, by a decision of the Minister of National Defence, be paid in instalments, but not longer than for 36 months from the taking of a decision on the payment of the lump sum compensation.
14. A serviceman who perishes/dies for the reasons related to a serviceman’s status, with the exception of the cases provided for in paragraph 1 of this Article, shall be paid a lump sum compensation in the amount of 12 one month’s basic pays (without bonuses) as established for a serviceman in professional military service with an appropriate rank during the first year of service. A cadet who perishes/dies for the reasons related to a serviceman’s status, with the exception of the cases provided for in paragraph 1 of this Article, shall be paid a lump sum compensation in the amount of 12 one month’s basic pays (without bonuses) as established for a private in professional military service during the first year of service. The lump sum compensation may, by a decision of the Minister of National Defence, be paid in instalments, but not longer than for 12 months from the taking of a decision on the payment of the lump sum compensation.
15. In accordance with paragraphs 13 and 14 of this Article, lump sum compensation shall be paid in equal instalments to a perished/deceased person’s spouse, father, and mother and each dependant of a serviceman. The persons having incapacity for work who were maintained or had the right to be maintained by the perished/deceased person on the day of his perishing/death, also the children of the perished/deceased person who were born after his perishing/death, adolescent children until they attain the age of 18 years, and his children who study at general education schools, vocational training establishments and higher education institutions under continual or extended study programmes until they attain the age of 24 years, also disabled persons shall be considered as dependants.
16. The Ministry of National Defence may insure its civil liability in the cases of a serviceman’s perishing/death and his health disorder.
17. The procedure for paying lump sum compensation indicated in this Article shall be laid down by the Government or an institution authorised by it.
Article 68. Social and other military service-related guarantees
1. Servicemen shall be granted the social and other military service-related guarantees specified by this Law and other laws from the budget appropriations allocated to the Ministry of National Defence, as well as the procedure for granting them shall be laid down. 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 stipulates otherwise.
2. The servicemen in professional military service, also the volunteer servicemen and other servicemen of the active reserve, servicemen of the prepared reserve who have been called up for exercises, training or performance of service-related tasks, where they have temporary working incapacity due to performance of service-related duties (when these servicemen become temporarily incapacitated for work in cases other than as a result of an accident in service, an accident on the way to service or from service), shall be reimbursed the difference between their average salary and received sickness benefits from funds of the institution of the national defence system wherein they serve in accordance with the procedure laid down by the Government .
3. The conscripts referred to in Article 65(1)(2) of this Law who have become temporarily incapacitated for work (except for temporary working incapacity as a result of an accident at work/service during exercises, training or performance of other service-related tasks and who have not become entitled to a sickness benefit under the Law of the Republic of Lithuania on Sickness and Maternity Social Insurance shall, during the period of temporary working incapacity, but no longer than for four months, be paid from the funds allocated to the Ministry of National Defence a sickness benefit in the amount specified in the Law of the Republic of Lithuania on Sickness and Maternity Social Insurance based on the maximum amount of the reimbursed remuneration stipulated in this Law. The conscripts who have fulfilled continuous military service or have been released from such service shall be paid this benefit based on the rate of the minimum monthly wage as approved by the Government.
4. The servicemen who perish/die during active military service under the circumstances related to service shall be buried at the expense of the State. A description of the burial-related expenses financed by the State shall be approved by the Government or an institution authorised by it. If a serviceman perishes/dies during active service under other circumstances or due to an illness, the person who buries the serviceman shall be granted support in the amount of half of the amount designated for burial expenses as established by the Government to partly cover the burial expenses.
5. The expenses of transportation of the remains of a serviceman who perished/died abroad under the circumstances related to service, also the persons, as referred to in Article 61(3) of this Law, who perished/died abroad together with the serviceman shall be borne by the State under the conditions and in accordance with the procedure laid down by the Government. The conditions of and the procedure for transporting the remains of the servicemen who perished/died during service in a military unit of multinational operations or a multinational operation or during preparation for a multinational operation outside the territory of the Republic of Lithuania shall be laid down by the Minister of National Defence.
6. 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 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 the serviceman’s tombstone.
7. The servicemen in professional military service and cadets who experience financial difficulties by reason of their own illness or the illness or death of their spouse, cohabiting partner, where he is indicated in a declaration of private interests of a serviceman in professional military service, parents/adoptive parents, children/adopted children, brothers/adopted brothers, sisters/adopted sisters, also the dependants the guardian or custodian whereof the serviceman in professional military service or a cadet has been appointed, natural disasters or loss of property may, from the funds allocated for the agency with which he holds the post, be granted an allowance in the amount equal to five minimum monthly wages as approved by the Government. The allowance shall be granted from the appropriations allocated to the Ministry of National Defence in accordance with the procedure laid down by the Minister of National Defence.
Article 69. Incentives for servicemen
2. A volunteer serviceman or another serviceman of the active reserve who has served in an exemplary manner for 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 ceilings:
1) in respect of a volunteer serviceman or another serviceman of the active reserve who has served for five up to ten years – up to the amount of two one month’s basic pays of a reserve serviceman as established by the Government;
3. In the event of extension of a contract of a volunteer serviceman or another serviceman of the active reserve for an additional 4-year period, the volunteer serviceman or another serviceman of the active reserve may, under the conditions and in accordance with the procedure laid down by the Government or an institution authorised by it, be provided support to cover a part of the tuition fee.
Article 70. Servicemen’s pensions
1. The servicemen in professional military service who have served the number of years required by the law and have been transferred to the reserve shall be entitled to receive a state pension of officers and servicemen.
2. The servicemen who have become disabled for the reasons related to their service shall be entitled to receive a serviceman’s state disability 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 or municipal institutions or agencies, also at international or European Union institutions or institutions of foreign states, when it is not necessary to be a serviceman in professional military service to perform service-related functions, however it is necessary to possess special knowledge and/or experience in the national defence system, and statutory relationships are required due to specific features of service 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. The Minister of National Defence shall, acting in compliance with these restrictions, 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:
1) shall 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;
2) may be granted qualification categories in accordance with the procedure laid down by the State of Civilian National Defence Service;
3) shall be subject to the conditions of remuneration for service indicated in Article 75 of this Law;
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 conditions of provision of supplies and social guarantees provided for servicemen in professional military service in Article 68(4) of this Law. They may also be subject to provisions of Article 63(4), with the exception of rental charges, the rates and the payment procedure whereof shall be established by the Government.
3. The statutory civil servants fulfilling civilian national defence service who are engaged in search and rescue operations within a search and rescue region, pollution incident response operations as well as training and exercises in the maritime area, where these operations or exercises last longer than 4 hours, shall be provided with food in accordance with physiological nutrition standards established by the Government or an institution authorised by it.
4. Employees must release the persons who have entered civilian national defence service in a military unit of multinational operations from work during their preparation for service in multinational operations and during service in the multinational operations. During this period, it shall be prohibited to notify such persons of termination of an employment contract and to dismiss them from office, with the exception of the cases specified in Article 136(1) of the Labour Code.
5. 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 on themselves, their connections and interests that may be of relevance to protection of state secrets, performance of service-related duties 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 may be dismissed from service in the national defence system.
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 officials authorised by him.
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. A prerequisite of a contract on civilian national defence service shall be 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.
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 point 3 of Article 36(1) and in Article 36(6), (7), (8), (9) and (11) of this Law.
7. The persons working under employment contracts and entering civilian national defence service in a military unit of multinational 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 unit of multinational 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 reflect the qualifications and experience of servants in civilian national defence service.
2. The system of qualification categories of servants in civilian national defence service and requirements for the granting of the qualification categories shall be established by the Statute of Civilian National Defence Service. The qualification categories shall, in accordance with the procedure laid down by this Statute, 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 Law on Civil Service and the Law on Civilian National Defence Service.
Article 76. Provision of servants in civilian national defence service with uniforms
1. The servants in civilian national defence service who, according to a list of positions approved by the Minister of National Defence, are required to wear uniforms shall be provided with the uniforms from funds of the state budget under the conditions and in accordance with the procedure established by the Government.
Article 772. Additional social guarantees of the civilian statutory civil servants fulfilling civilian national defence service in military units of multinational operations
The civilian statutory civil servants fulfilling civilian national defence service in military units of multinational operations shall, under the conditions and in accordance with the procedure stipulated in Article 67 of this Law, be provided the guarantees specified in Article 67(6), (7), (8), (9), (10), (11), (12) and (13) of this Law, and the amount of lump sum compensation shall be calculated based on the average remuneration of a perished/deceased servant or a servant whose health has been impaired. The lump sum compensation specified in Article 67(6), (7), (8), (9), (10), (11), and (12) of this Law shall be reduced by the payable amount of lump sum compensation for loss of capacity for work or periodic compensation for loss of capacity for work, to be paid no more than for 12 months, as stipulated in the Law of the Republic of Lithuania on Social Insurance of Occupational Accidents and Occupational Diseases. The lump sum compensation specified in Article 67(13) of this Law shall be reduced by the payable amount of a lump sum social insurance benefit upon the death of an insured person as stipulated in the Law of the Republic of Lithuania on Social Insurance of Occupational Accidents and Occupational Diseases.
Article 78. Procedure for implementing this Law
The procedure for implementing specific provisions of 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);
4) Law of the Republic of Lithuania Implementing Article 40 of the Law on National Defence Service (Official Gazette, No 41-990, 1997).
I promulgate this Law passed by the Seimas of the Republic of Lithuania.