Lietuviškai
THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA
D E C I S I O N
On the dismissal of the initiated legal
proceedings of the case
4 July 1994, 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,
in the procedural sitting of the Constitutional Court
considered the report made by Justice Zigmas Levickis and
Justice Teodora Staugaitienė about the case in preparation for
the court hearing subsequent to the petition submitted to the
Court by a group of Seimas members requesting to investigate if
the Government of the Republic of Lithuania Resolution No 137
"On urgent activities while implementing land reform in 1993",
adopted 4 March 1993; Resolution No 138 "On the confirmation of
interim procedure for the lease of state land in rural areas",
adopted 4 March 1993; and Resolution No 849 "On the
confirmation of interim regulations concerning the seizure of
plots of land and their allocation for the needs of state",
adopted 9 November 1992, are in compliance with the
Constitution of the Republic of Lithuania, the Law of the
Republic of Lithuania "On the Procedure and Conditions of the
Restoration of the Rights of Ownership to the Existing Real
Property", and the Law of the Republic of Lithuania on Land
Reform.
The Constitutional Court
has established:
On 19 October 1993 the Government of the Republic of
Lithuania by Resolution No 785 (Official Gazette "Valstybės
Žinios" No 55-1075, 1993) nullified the disputable Resolution
No 137 of 4 March 1993 "On urgent activities while implementing
land reform in 1993"; on 14 April 1994 by Resolution No 280
(Official Gazette "Valstybės žinios" No 29-519, 1994) nullified
the disputable Resolution No 138 of 4 March 1993" On the
confirmation of interim procedure for the lease of state land
in rural areas". In item 2 of the Government of the Republic of
Lithuania Resolution No 849 "On the confirmation of interim
regulations concerning the seizure of plots of land and their
allocation for the needs of state", adopted 9 November 1992, it
was established that the Resolution would be valid until the
adoption of the Law of the Republic of Lithuania on Land. The
said Law was enforced on 1 July 1994. Therefore, the disputable
Resolution No 849 of 9 November 1992, upon the enforcement of
the Law of the Republic of Lithuania on Land (Official Gazette
"Valstybės žinios" No 34-618, 1994), became invalid.
In the fourth part of Article 69 of the Law on the
Constitutional Court it is established: "The annulment of a
disputable legal act shall be grounds to adopt a decision to
dismiss the initiated legal proceedings".
Conforming to the fourth part of Article 69 of the Law on
the Constitutional Court of the Republic of Lithuania, the
Constitutional Court has taken the following
decision:
to dismiss the initiated legal proceedings of this case.