SEIMAS OF THE REPUBLIC OF LITHUANIA

 

 

RESOLUTION

ON THE INTRODUCTION OF A STATE OF EMERGENCY

 

13 December 2022   No XIV-1657

Vilnius

 

 


 

 

The Seimas of the Republic of Lithuania,

having regard to the fact that the open military aggression by the Russian Federation against Ukraine and its people, which began on 24 February 2022, has resulted in crimes against humanity, war crimes, violations of international humanitarian law leading to a humanitarian and refugee crisis in Ukraine, state terrorism, facilitated hybrid attacks and a wide range of provocations against the Republic of Lithuania on the instruction, or with the knowledge, of the authorities of the Russian Federation and the Republic of Belarus,

having regard to the fact that the Russian Federation further adheres to an open and intensifying rhetoric of threats to pro-Ukraine states, scorning their independence, territorial integrity, values, history or even denying their existence,

having regard to the aggressive policies pursued by the Russian Federation and the Republic of Belarus also towards their own population, which in particular increases the likelihood of the population of these countries leaving the Russian Federation and the Republic of Belarus,

drawing attention to the active involvement of Alexander Lukashenko’s regime in implementing the Russian Federation’s strategy of aggression against the Ukrainian state, the build-up of Russian troops on the territory of the Republic of Belarus and to the fact that Alexander Lukashenko’s regime instrumentalises migrants as a means of hybrid aggression against the Republic of Lithuania, i.e. direct involvement of officers of the Republic of Belarus in organising the transportation of migrants to the state border of the Republic of Lithuania, directing them to the Republic of Lithuania, directly damaging the physical barrier on the territory of the Republic of Lithuania at the external border of the European Union with the Republic of Belarus or providing migrants with the necessary instruments for this purpose,

having regard to the fact that the President of the Republic of Lithuania introduced a state of emergency by Decree No 1K-872 of 24 February 2022 on the Declaration of a State of Emergency and the Seimas of the Republic of Lithuania endorsed the President’s decision by Resolution No XIV-929 of 24 February 2022 Regarding the Approval of the Decision of the President of the Republic of Lithuania on Declaration of a State of Emergency, also to the fact that, with the threat to public peace not diminishing as a result of continued military aggression by the Russian Federation, the Seimas of the Republic of Lithuania introduced a state of emergency by Resolution No XIV-932 of 10 March 2022 on the Introduction of a State of Emergency, Resolution No XIV-1044 of 21 April 2022 on the Introduction of a State of Emergency, Resolution No XIV-1244 of 28 June 2022 on the Introduction of a State of Emergency, and Resolution No XIV-1413 of 13 September 2022 on the Introduction of a State of Emergency, which expires on 16 December 2022 at 24.00 (midnight),

having regard to the fact that the European Parliament in its resolution of 23 November 2022 declared the Russian Federation as a state sponsor of terrorism,

having regard to the fact that the Russian Federation’s attacks on Ukraine’s civilian and critical infrastructure intensify, the possibility of the use of nuclear weapons is increasingly often mentioned in the rhetoric of the Russian Federation and that the deployment of Russian Federation’s troops and weapons continues on the territory of the Republic of Belarus,

having regard to the fact that this situation poses a threat to the primary interests of national security of the Republic of Lithuania,

considering that the threat to public peace posed by the current situation persists and is not diminishing and that it is impossible to eliminate the threat without introducing temporary emergency measures,

acting pursuant to point 20 of Article 67, the first paragraph of Article 144, Article 145 of the Constitution of the Republic of Lithuania and Article 5, Article 6(1), Article 7(1), Article 23(2) and Article 28 of the Law of the Republic of Lithuania on a State of Emergency, resolves:

 

Article 1.

1. To declare the state of emergency on 17 December 2022 at 00.00 (midnight):

1) within the entire border area of the Republic of Lithuania at the state border of the Republic of Lithuania with the Republic of Belarus;

2) within the entire border area of the Republic of Lithuania at the state border of the Republic of Lithuania with the Kaliningrad Oblast of the Russian Federation;

3) at border crossing points located outside the border area of the Republic of Lithuania.

2. To establish that:

1) the state of emergency is introduced due to the unprecedented build-up of troops of the Russian Federation and the Republic of Belarus, which have been engaged in the military aggression against the neighbouring Ukrainian state, have caused a humanitarian and refugee crisis, also threaten the security of NATO countries, the Member States of the European Union, and other European countries, and jeopardise the primary interests of national security of the Republic of Lithuania; furthermore, potential hybrid attacks and provocations of various kinds pose a threat to public peace and this threat cannot be eliminated without introducing the specific emergency measures provided for in the Law on a State of Emergency;

2) the purpose of the introduction of the state of emergency is to eliminate, by introducing the emergency measures specified in this Resolution and taking decisions, the threat posed by the actions of the Russian Federation and the Republic of Belarus and by the processes resulting therefrom to the primary interests of national security of the Republic of Lithuania and public peace;

3) the duration of the state of emergency is from the time of the introduction of the state of emergency referred to in paragraph 1 of this Article until 24.00 (midnight) of 16 March 2023;

4) the Ministry of the Interior of the Republic of Lithuania is responsible for taking all necessary measures to achieve the objective of the introduction of the state of emergency.

 

Article 2.

1. To establish that the following emergency measures referred to in Article 28 of the Law on a State of Emergency shall apply during the state of emergency:

1) use of the state reserve in order to ensure appropriate reception conditions for foreigners fleeing military aggression and/or persecution, the provision of assistance to Ukraine, and the financing of activities of the institutions involved in the management of the state of emergency and in order to eliminate the threat posed to the primary interests of national security of the Republic of Lithuania and public peace;

2) strengthening of the guarding of the state border. The guarding of the external border of the European Union shall be strengthened through measures provided for in laws and special plans. Persons who are intending to cross or who have crossed the external border of the European Union in places other than those designated for that purpose shall be refused admission into the territory of the Republic of Lithuania (this provision shall not apply with a view to ensuring the humanitarian access of foreigners who flee military aggression and/or persecution, including those not being in possession of a valid travel document);

3) the transit of foreigners travelling under the special transit scheme through the territory of the Republic of Lithuania shall take place in accordance with the conditions established by the Ministry of Foreign Affairs of the Republic of Lithuania and agreed upon with the State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania;

4) tightened visa regime for foreigners. Under the tightened visa regime, acceptance of visa applications by the citizens of the Russian Federation and the Republic of Belarus and the adoption of decisions on these applications by the visa services of the Republic of Lithuania abroad shall be suspended, with the exception of the cases when the Ministry of Foreign Affairs of the Republic of Lithuania acts as an intermediary in issuing visas;

5) in the territories referred to in paragraph 1 of Article 1 of this Resolution in which the state of emergency has been introduced, checks on vehicles and persons as well as their luggage are carried out in accordance with the procedure laid down by law with a view to tracing and seizing illicit firearms, ammunition, explosive, radioactive, toxic and other hazardous substances and devices, identifying and detaining offenders, safeguarding public order and public peace, and protecting the life, health and property of the population.

2. To restrict the passage of citizens of the Russian Federation across the external border of the European Union in accordance with Article 23(2) of the Law on a State of Emergency. The State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania shall ensure that only citizens of the Russian Federation who meet the criteria laid down by the Government of the Republic of Lithuania are admitted to the territory of the Republic of Lithuania through the external border of the European Union.

 

Article 3.

To establish that:

1) during the state of emergency, in accordance with the procedure laid down in the Law of the Republic of Lithuania on the Organisation of the National Defence System and Military Service, the Lithuanian Armed Forces shall be used to implement the emergency measure referred to in Article 2(1)(2) of this Resolution;

2) servicemen of the Lithuanian Armed Forces who are used during the state of emergency to implement the emergency measure referred to in Article 2(1)(2) of this Resolution have the rights laid down in Article 13(2) of the Statute of the Republic of Lithuania on the Use of Military Force.

 

 

 

Speaker of the Seimas                                                                               Viktorija Čmilytė-Nielsen

 

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