Lietuviškai

                   THE CONSTITUTIONAL COURT OF                   
                    THE REPUBLIC OF LITHUANIA                    

                            DECISION                             

       On the dismissal of initiated legal proceedings of        
                            Case No 8                            
        "On the request of Vilnius 2nd District Court to         
                    investigate if Article 81                    
           of the Law of the Republic of Lithuania on            
                  Operational Activities is in                   
        compliance with the Constitution of the Republic         
                          of Lithuania"                          

                    21 December 1993, Vilnius                    
  
     The  Constitutional  Court  of  the  Republic  of Lithuania,
composed  from  the Justices of the Constitutional Court Algirdas
Gailiūnas,    Kęstutis   Lapinskas,   Zigmas   Levickis,   Vladas
Pavilonis,   Pranas   Vytautas  Rasimavičius,  Stasys  Stačiokas,
Teodora Staugaitienė, Stasys Šedbaras and Juozas Žilys,
     the secretary of the hearing - Rolanda Stimbirytė,
     representative   of   the   party   concerned   -   Egidijus
Bičkauskas, deputy Chairman of the Seimas,
     in   court   sitting  conducted  the  investigation  of  the
request  of  the representative of the party concerned to dismiss
the  initiated  legal proceedings of Case No 8 "On the request of
Vilnius  2nd  District  Court to investigate if Article 81 of the
Law  of  the  Republic  of Lithuania on Operational Activities in
compliance with the Constitution of the Republic of Lithuania".
  
     The Constitutional Court
     established:

     The  petitioner  -  a  judge  of  Vilnius 2nd District Court
while  investigating  on  24  August  1993  civil case No 24-1765
concerning   illegal   actions  of  officials  restricting  civil
rights,  faced  doubts  whether  Article  81  of  the  Law of the
Republic  of  Lithuania  on Operational Activities (Parliamentary
Record,   No   30-679,   1993),  which  provides  for  preventive
detention  of  persons, is in compliance with the Constitution of
the  Republic  of  Lithuania.  The  judge by his ruling suspended
the  investigation  of said case and addressed the Constitutional
Court  with  the  request to examine the conformity of Article 81
of  the  Law on Operational Activities with Articles 20 and 31 of
the Constitution of the Republic of Lithuania.
     On  15  December  1993,  the  Seimas  adopted  the  Law  "On
Appending  the  Code  of  Criminal  Procedure  of the Republic of
Lithuania"  (Parliamentary  Record,  No  70-1310,  1993),  in the
second   Article  of  which  it  is  established  that  upon  the
enforcement  of  said law, the Provisional Law of the Republic of
Lithuania  "On  Appending the Law of the Republic of Lithuania on
Operational  Activities  shall  become  null and void. Taking the
fact   that   the   act  in  dispute  ceased  to  be  force  into
consideration,  the  Constitutional  Court  holds that there is a
ground  for  the  dismissal of the initiated legal proceedings of
the case.

     Conforming  to  the  fourth part of Article 69 of the Law of
the  Republic  of  Lithuania  on  the  Constitutional  Court, the
Constitutional  Court  of the Republic of Lithuania has taken the
following decision:

     To dismiss the initiated legal proceedings of the case.