Lietuviškai
					Material No 32/94

                   THE CONSTITUTIONAL COURT OF                   
                    THE REPUBLIC OF LITHUANIA                    

                         D E C I S I O N                         

     On  the  refusal  to hear the petition submitted by Šiauliai
District  Court  requesting  to  investigate  if  item  5  of the
decision  of  the  Executive  Committee  of  Šiauliai  Council of
People's  deputies  "On  the  allotment  of plots of land for the
construction  of  state  and  co-operative  buildings  and on the
transferral  of  buildings" of 17 July 1989 is in compliance with
the Constitution of the Republic of Lithuania
  
                    5 November 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, Teodora Staugaitienė,
Stasys Šedbaras and Juozas Žilys,
     the secretary of the hearing - Rolanda Stimbirytė,
     in  the  procedural  sitting  of  the  Constitutional  Court
considered  the  petition  submitted  by  Šiauliai District Court
requesting   to  examine  if  item  5  of  the  decision  of  the
Executive  Committee  of  Šiauliai  Council  of People's deputies
"On  the  allotment  of  plots  of  land  for the construction of
state  and  co-operative  buildings  and  on  the  transferral of
buildings"   of   17   July   1989  is  in  compliance  with  the
Constitution of the Republic of Lithuania.

	The Constitutional Court 
			has established:

     The   petitioner  -  Šiauliai  District  Court  requests  to
investigate   if   item  5  of  the  decision  of  the  Executive
Committee  of  Šiauliai  Council  of  People's  deputies  "On the
allotment  of  plots  of  land  for the construction of state and
co-operative  buildings  and  on the transferral of buildings" of
17   July   1989   is   in  compliance  with  Article  7  of  the
Constitution.
     The  petitioner's  request  is  based  on  the fact that the
Executive  Committee  of Šiauliai Council of People's deputies on
17   July   1989   transferred  a  residential  house  and  other
buildings  in  11  Kražių str., Šiauliai, for the Executive Board
of  Šiauliai  Šv.  Jurgis  (St.  George)  catholic  Parish in the
absence  of  an  appropriate  law. The Law "On the Restoration of
Houses  of  Prayer and Other Buildings for Religious Communities"
was  adopted  only  on 14 February 1990, i. e. after the adoption
of  the  decision  in question. Consequently, the Court faced the
question   whether   the   decision  in  dispute  passed  by  the
Executive  Committee  of  Šiauliai  Council  of People's deputies
conformed to Article 7 of the Constitution.

     The Constitutional Court
			holds that:

     Pursuant  to  Article  105 of the Constitution and Article 1
of  the  Law  on  the  Constitutional  Court,  the Constitutional
Court   shall   consider   and  adopt  decisions  concerning  the
conformity  of  laws  and other legal acts adopted by the Seimas,
also  legal  acts  of  the  President and of the Government, with
the  Constitution  or  laws  of  the  Republic  of  Lithuania. In
certain  cases  the Constitutional Court shall submit conclusions
to the Seimas and President of the Republic.
     The  petitioner  in  the  ruling  requests to decide whether
the  legal  act  adopted  by  the  executive  body  of  the local
government  Council  corresponds  with the Constitution. However,
the  Constitution  and  the  Law on the Constitutional Court does
not  entitle  the Constitutional Court to the right to decide the
conformity  of  the  legal  act  adopted by the executive body of
local  government  Council  with  the Constitution, therefore the
hearing  of  such request does not fall under the jurisdiction of
the Constitutional Court.

     Conforming  to  item 2, part 1, Article 69, and item 3, part
2,  Article  28  of  the  Law  on the Constitutional Court of the
Republic  of  Lithuania,  the Constitutional Court has passed the
following

			decision:	

     To refuse to examine the petition.
  
Justices of the Constitutional Court:
  
Algirdas Gailiūnas 
Kęstutis Lapinskas 
Zigmas Levickis
Vladas   Pavilonis   
Pranas  Vytautas  Rasimavičius  
Teodora Staugaitienė
Stasys Šedbaras 
Juozas Žilys