Lietuviškai
THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA
R U L I N G
On the compliance of item 8 of the Law of the Republic of
Lithuania "On Appending and Amending 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"",
adopted 15 July1993, by which item 3 of Part 1 of Article 12 of
the Law "On the Procedure and Conditions of the Restoration of
the Rights of Ownership to the Existing Real Property" has been
set forth anew, as well as item 23 of the Law of the Republic
of Lithuania "On Appending and Amending the Law of the Republic
of Lithuania on Land Reform", adopted 15 July 1993, by which
item 7 of Article 16 of the Law of the Republic of Lithuania on
Land Reform has been set forth anew, with the Constitution of
the Republic of Lithuania.
8 March 1995, Vilnius
The Constitutional Court of the Republic of Lithuania,
composed of the Justices of the Constitutional Court Algirdas
Gailiūnas, Kæstutis Lapinskas, Zigmas Levickis, Vladas
Pavilonis, Pranas Vytautas Rasimavičius, Stasys Stačiokas,
Teodora Staugaitienė, Stasys Šedbaras and Juozas Žilys,
the secretary of the hearing - Rolanda Stimbirytė,
the petitioner - the Seimas members Andrius Kubilius and
Vaclovas Lapė, representatives of a group of the Seimas
members,
the party concerned - the Seimas member Mykolas Pronskus
and Algirdas Taminskas, the Seimas representatives,
pursuant to Part 1, Article 102 of the Constitution of the
Republic of Lithuania and Part 1, Article 1 of the Law on the
Constitutional Court of the Republic of Lithuania, in its
public hearing of 7-8 February 1995 conducted the investigation
of Case No.20/94-21/94 subsequent to the petition submitted to
the Court by Anykščiai District Court requesting to investigate
the compliance of item 8 of the Law of the Republic of
Lithuania "On Appending and Amending 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"",
adopted 15 July1993, by which item 3 of Part 1 of Article 12 of
the Law "On the Procedure and Conditions of the Restoration of
the Rights of Ownership to the Existing Real Property" has been
set forth anew, as well as item 23 of the Law of the Republic
of Lithuania "On Appending and Amending the Law of the Republic
of Lithuania on Land Reform", adopted 15 July 1993, by which
item 7 of Article 16 of the Law of the Republic of Lithuania on
Land Reform has been set forth anew, with the Constitution,
along with the petition submitted to the Court by a group of
the Seimas members requesting to investigate if item 8 of the
Law of the Republic of Lithuania "On Appending and Amending 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"", adopted 15 July1993, by which item 3
of Part 1, Article 12 of the Law "On the Procedure and
Conditions of the Restoration of the Rights of Ownership to the
Existing Real Property" has been set forth anew, is in
compliance with the Constitution.
The petitions of the group of the Seimas members and
Anykščiai District Court have been conjoined into one case by
the decision of the Constitutional Court, 15 September 1994.
The Constitutional Court
has established:
I
The petitioner - Anykščiai District Court on 15 June 1994
conducted the investigation of the civil case upon the action
brought in by the plaintiffs P. Baltranas, I. Baltranaitė and
B. Mikėnienė against the respondent Anykščiai District Board
pertaining to the restoration of the plot of land. The Court
has passed the ruling to suspend the investigation of the civil
case and has appealed to the Constitutional Court requesting to
investigate if item 8 of the Law "On Appending and Amending of
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"", 15 July 1993 (Official Gazette
"Valstybės Žinios", No.32-725, 1993), by which item 3 of Part 1
of Article 12 of the Law "On the Procedure and Conditions of
the Restoration of the Rights of Ownership to the Existing Real
Property" has been set forth anew, as well as item 23 of the
Law of the Republic of Lithuania "On Appending and Amending of
the Law of the Republic of Lithuania on Land Reform",15 July
1993 ("Valstybės Žinios", No.32-727), by which item 7 of
Article 16 of the Republic of Lithuania Law on Land Reform has
been set forth anew, are in compliance with the Constitution.
The petitioner points out in the request that it is
established in Article 23 of the Constitution that property
shall be inviolable, it may only be seized for the needs of
society according to the procedure established by law and must
be adequately compensated for.
It is established in item 3 of Part 1 of Article 12 of the
amended and appended Law "On the Procedure and Conditions of
the Restoration of the Rights of Ownership to the Existing Real
Property", 15 July 1993, that the State shall buy out the land
allotted for private holdings of residents.
It is pointed out in item 7 of Article 16 of the Law on
Land Reform that the users of personal plots of land may
acquire it for private ownership (15 July 1993 wording of the
Law ). Thus the land, bought out from former landowners and
allotted for private holdings of residents, later on may be
sold to users not taking into consideration the interests of
former landowners. Besides, when the State buys out the land
beforehand for the purpose to privatize it later, the needs of
the residents, who privatize it, are satisfied, and not the
needs of society. The petitioner doubts if the State, not being
the landowner, has the right to regulate land market at its
discretion and if it thus do not violate the right of former
landowners to recover the land.
Due to the aforementioned motives, Anykščiai District
Court considers that item 3 of Part 1 of Article 12 of 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" (15 July 1993 wording of the Law ) and item 7 of
Article 16 of the Law on Land Reform (15 July 1993 wording of
the Law) contradict Article 23 of the Constitution.
The Constitutional Court, taking into consideration the
motives of the ruling of Anykščiai District Court, specified by
its 19 July 1994 decision that the petition of the Court is on
the compliance of the provision " land allotted for private
holdings of residents" in Part 1 of item 3 of Article 12,
titled "The Buying out of Land" of the Law "On the Procedure
and Conditions of the Restoration of the Rights of Ownership to
the Existing Real Property" and of item 7 of Article 16 of the
Law on Land Reform, with the Constitution.
In the process of preparation of the case for the hearing
of the Constitutional Court the judge of Anykščiai District
Court has pointed out additionally that landowners will receive
compensations only in future. Other persons will be allowed to
privatize their land, and that is not in conformity with the
conception of the needs of society . Land, acquired for the
needs of society, should be State-owned and only allotted to
residents for utilizing, or leased to them.
II
The petitioner - a group of the Seimas members - has
requested to investigate if item 8 of the Law "On Appending and
Amending of 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"", adopted15 July 1993,
by which item 3 of Part 1 of Article 12 of the Law "On the
Procedure and Conditions of the Restoration of the Rights of
Ownership to the Existing Real Property" has been set forth
anew, is in compliance with the Constitution.
It is pointed out in the request that now it is set forth
in part 3 of item 3 of Part 1 of Article 12 of the amended and
appended Law "On the Procedure and Conditions of the
Restoration of the Rights of Ownership to the Existing Real
Property", adopted 15 July 1993, that : "Land required for
State needs as well as other land shall be bought out from the
persons defined in Article 2 of this Law in the manner
specified in Article 16 of this Law if:
3) ... land is allotted for personal land holdings of
residents or designated for the needs of personal plots
according to land reform land exploitation projects, that were
considered at boards of districts until 31 December 1993, or
allotted and marked out in the locality until the said date. Up
to 3 hectares area of agricultural land for restoring of land
in kind may be left to the persons residing in individual
farmsteads located in these territories, provided the
residents, having land plots allotted for their personal
holdings, agree to use land for their personal holding in other
place".
In the process of preparation of the case for the hearing
of the Constitutional Court, the group of the Seimas members
specified the request by pointing out that the mentioned in the
petition part 3 of item 3 of Part 1 of Article 12 of the Law in
dispute has to be understood as the provision of item 3 of
Article 12: "Land required for State needs as well as other
land shall be bought out from the persons defined in Article 2
of this Law in the manner specified in Article 16 of this Law
if:
3) ... land is allotted for personal land holdings of
residents or designated for the needs of personal plots
according to land reform land exploitation projects, that were
considered at boards of districts until 31 December 1993, or
allotted and marked out in the locality until the said date. Up
to 3 hectares area of agricultural land for restoring of land
in kind may be left to the persons residing in individual
farmsteads located in these territories, provided the
residents, having land plots allotted for their personal
holdings, agree to use land in other place".
The petitioner points out in the request and his
representatives have explained during the process of the court
hearing, that land is being allotted and sold without preparing
and confirming according to the established order the projects
of land reform, without taking into consideration if a plot of
land is private or State-owned. Despite of existing carrying on
of the rights to ownership, the Government of the Republic of
Lithuania has adopted the resolutions legalizing State sale of
private land. The request is grounded on the statements of the
Constitutional Court rulings passed 27 May 1994 and 15 June of
the same year, that occupational power unlawfully deprived
owners of their property. The rights of such owners shall be
defended by Article 23 of the Constitution. Ownership shall be
regarded as the main natural right of individuals. It is
established in the Constitution that no person shall be
wilfully deprived of ownership by anybody. It may be seized
only for the needs of society and only according to the
procedure established by law.
The petitioner's representatives affirm that recently land
of owners is being allotted and sold to other persons without
concluding contracts on that land buying out or compensation
for it. The principle of equality of citizens is evidently
violated by such actions. The Constitutional Court in the said
rulings does not ascribe lease of land and its use for private
holdings to public needs due to which land may be bought out
and not restored to its rightful owner. His right to recover
ownership is made dependent on subjective will of a private
land plot user. Seizing of private land from landowners and
giving it over (sale) to other persons do not mean the
satisfying of the needs of society. Land may only be taken into
State stock of land and not given over to other persons.
Furthermore, land plots are being split into non-perspective
land holdings that will not be able to function autonomously.
Boards of districts become institutions solving questions of
ownership, i.e. they restrict the rights of former owners to
recover their land in kind. Analogical rights of the Ministry
of Forestry of the Republic of Lithuania have been acknowledged
unconstitutional by the Constitutional Court.
In the opinion of the petitioner's representatives,
persons, using land for their private holdings, are only its
leaseholders. While owners will recover their land or it will
be bought out, the State must guarantee private land lease and
its conditions for
the users.
In amendments of the Law in dispute, adopted 15 July 1993,
restrict the process of limited restitution. Due to such
alternation of restitution conditions, changing of the Law in
dispute is also vicious, as equality principle of citizens is
violated by it. In the implementation of land reform, in the
opinion of the petitioner, the priority should be given to land
restitution or its compensation, and only after that - to land
privatisation.
In the opinion of the petitioner and his representatives,
these provisions contradict Article 23 of the Constitution and
first of all they contradict the regulation of this Article
that "property may be seized for the needs of society only
according to the procedure established by law and must be
adequately compensated for."
III
In the process of preparation of the case for the hearing
of the Court and during the court hearing, the representatives
of the party concerned explained that on 15 July 1993 the
Seimas, taking into consideration concurrence of circumstances,
amended and appended the Law "On the Procedure and Conditions
of the Restoration of the Rights of Ownership to the Existing
Real Property" and the Law on Land Reform. While amending and
appending the said Laws, land relations formed during past 50
years and of late years, as well as legal acts adopted by the
Supreme Council of the Republic of Lithuania were taken into
consideration. It was also taken into account that the Supreme
Council, after adoption of relevant legal documents, announced
partial land restitution which was taking place together with
land reform.
The representatives of the party concerned state that the
Supreme Council, acknowledging the carrying on of ownership,
actually has also ascertained by 15 November 1990 statements
that the situations, when it is unrealizable to restore in kind
all the existing property, are possible. In such case the
possibility to get compensation was provided for. The
Constitutional Court has stated that the provision, that in
case it is unrealizable to restore the property in kind, the
compensation must be allotted, shall not contradict the
principles of property inviolability and protection of the
rights to ownership.
In the opinion of the representatives of the party
concerned, land of personal holdings is bought out for the
public needs. Recently, users of personal holdings are very
important producers of agricultural products. According to the
data of Department of Statistics of the Republic of Lithuania,
in 1993 different landowners of land plots for private use
produced almost half of agricultural production, therefore job
of this group of people is very significant for the society.
Furthermore, while privatizing lands, used for private
holdings, more rapidly, real owners of these plots would be
legalized, strata of landowners would arise, they would be able
to expand co-operation and would use their land better.
The representatives of the party concerned have submitted
the samples of the principles of land reform being implemented
in prewar period. The representatives state that it was
characteristic of this reform that land was taken from those
who did not till it and given to those who did, and the payment
for the alienated land was made in 36 years' pledge securities
that were being issued under the fisc guarantee and were being
accepted as bails by State institutions. The State of Lithuania
attempted to implement the reform after evaluating its real
possibilities and as effectively as possible. Now land is being
privatized without buying it out from former owners because
partial restitution is being implemented together with land
reform and such a process satisfies the needs of society. The
formation of personal plots of land is inseparable from land
reform process which is being implemented.
Land taken for the public needs may also belong to private
persons, not only to the State or a local government. It is not
significant whose ownership the property will be transmitted
to, but how the needs of society will be satisfied by using
this ownership. Land is being bought out and has been
established by 24 July 1994 Government resolution No. 676 that
money shall be primarily paid to those former owners whose land
is in the location provided for personal plots of land.
In the estimation of the representatives of the party
concerned, the adoption of the amendments of the said Laws has
been the right action in social as well as in economic and
juridical aspects and they do not contradict the Constitution.
The Constitutional Court
holds that :
1. After restoration of the independent State of Lithuania
on 11 March 1990, the institution of the right to private
ownership was also restored by constitutional acts. Soon lawful
preconditions for restoration and further development of
agricultural system grounded on the right to private ownership
were begun to create.
During the period of Soviet occupation, economic system,
grounded on State, kolkhoz - co-operative ownership and
administrative dictatorial managing resulting from that, was
enforced upon Lithuania. Returning to the market system of
economic relations was impossible without economic reform, of
which the agrarian reform is a constituent. Such a provision
has been set forth in the resolution of the Supreme Council "On
the Draft of General Principles of Agrarian Reform", 3 July
1990, which was submitted to the society for consideration.
It has been maintained in clause 1 of Chapter II of the
said project of general principles of agrarian reform that "the
goal of land reform is to actualize the right of Lithuanian
citizens to land ownership, to guarantee rational use of land".
It has already been formulated in the provision that
restoration of the ownership rights to land is not the only
goal of agrarian reform since rational use of land must be
guarantied at the same time. The restoration of land to former
owners, provided for in clause 2 of Chapter II, is linked with
use of land for its proper purpose. Later this principle has
been consolidated in Article 4 of the Law "On the Procedure and
Conditions of the Restoration of the Rights of Ownership to the
Existing Real Property", establishing the conditions and
procedure of the restoration of the rights of ownership to land
designated for agricultural purposes. The provision to conform
inseparable process of the restoration of the rights of
ownership to land to the process of land reform has been
determined by the fact that both processes find manifestation
in their common object - land.
It has been established in the resolution of the Supreme
Council "On the Expansion of Personal Plots Belonging to Rural
Residents", adopted 26 July 1990, that up to 3 hectares plots
of land per one family shall be allotted for personal holdings
to employees of agricultural enterprises and pensioners - if
they wish -, residing in rural localities. Up to 2 hectares
plots of land per one family shall be allotted for personal
holdings to other persons residing and working in a rural
locality.
Pursuant to the resolution of the Supreme Council, adopted
26 July 1990, personal holdings were allotted not for ownership
but for termless utilization. It was also being striven by the
resolution (item 3) for practical transition to agriculture
grounded on free farming and to formation of strata of persons
interested in the market.
Agrarian reform was started to implement not only by
allotting land to persons residing and working in rural
localities, but also by permitting to acquire property needed
for agriculture. It was performed pursuant to the Law of the
Republic of Lithuania on Privatisation of Property of
Agricultural Enterprises, 30 July 1991. In accordance with its
Article 3, the persons, that were allotted to up to 2 or 3
hectares plots of land, were also allowed to acquire the
property of the agricultural enterprise being privatized.
In addition to the goal to create more favourable
conditions for expanding personal holdings of rural residents,
another goal has been pointed out in the preamble of the
resolution of the Supreme Council, "On Expansion of Personal
Plots Belonging to Rural Residents ", adopted 26 July 1990, -
in state accounting to register land, actually used for that
purpose. Conforming to this resolution, the Government, by its
resolution "On the Procedure for the Allotment and Official
Registration of Land for Personal Holdings",11 October 1990,
established that up to 2 or 3 hectares of land were allotted
"taking into consideration interests of agricultural and other
enterprises and of the claimant to personal holding" (item 2 of
the resolution). According to the resolution of the Government,
persons, wishing to acquire land, had to apply in written form
to the management of an agricultural or other enterprise, to
point out the total area of the desired to acquire plot of land
and separately the area of farming lands, as well as a part of
the plot, wished to be acquired in common arable land-mass or
in grouped pastures. Private land-tenures were virtually formed
according to that, how rural residents actually utilized land.
It was not demanded in the said resolutions to take into
consideration interests of the former landowner while allotting
to utilize his land, though at that time the institution of
private ownership, according to the Provisional Basic Law, had
already been returned to the legal system of the country.
The purpose of the Law "On the Procedure and Conditions of
the Restoration of the Rights of Ownership to the Existing Real
Property "is to regulate the procedure and conditions of the
restoration of the citizen's rights of ownership to existing
real property, along with to land. The restoration of the
rights to land has actually meant process of agrarian reform.
Goals of land reform are formulated in the Law on Land
Reform. It has been established in its Article 2 : "The goals
of land reform are to implement the right of Lithuanian
citizens to land ownership by returning the expropriated land
and by buying it out in accordance with the procedure and terms
established by law; to create legal, organisational and
economical preconditions for expansion of agricultural
production by freely choosing forms of farming". Thus, the
restoration of the rights of ownership and land reform are
inseparable processes. The restoration of the rights to land
was the basic means for implementing of land reform.
The purpose of law acts, adopted by the Supreme Council as
well as of the Law "On the Procedure and Conditions of the
Restoration of the Rights of Ownership to the Existing Real
Property "is to return land to its owners, conforming that to
the utilization of land according to its proper purpose.
Provided it is impossible to restore the land, the rights of
ownership are to be restored in other ways - it must be bought
out. One of the cases of the buying out of land has been set
forth in item 3 of Part 1, Article 12 of the Law. It has been
established in it that land required for the needs of the
State, as well as other land shall be bought out from the
persons defined in Article 2 of this Law in the manner
specified in Article 16 of this law if: "3) it is in a rural
area, has been allotted to a farmer under the enforced laws,
and is occupied by a personal plot, house or other structures
to which the farmer has the right of ownership" (18 June 1991
wording of the Law).
It has been established in item 7 of the resolution of the
Supreme Council "On the Procedure for Enforcement and Applying
of the Republic of Lithuania Law "On the Procedure and
Conditions of the Restoration of the Rights of Ownership to the
Existing Real Property"", 16 July 1991, that land, allotted in
accordance with the resolution of the Supreme Council "On the
Expansion of Personal Plots Belonging to Rural Residents ", 26
July 1990, shall be also ascribed to the land, occupied by
personal plots and specified in item 3 of Part 1, Article 12 of
the Law. Thus, the legislator, since the very beginning of
legal regulation of the restoration of the rights of ownership,
has already provided for the condition, that land, allotted for
personal holdings, is bought out by the State from the former
owners. While appending item 3 of Part 1 of Article 12 of the
Law "On the Procedure and Conditions of the Restoration of the
Rights of Ownership to the Existing Real Property "on 7 May
1992, the norm of the Law, regarding legal status of occupied
personal plots, has not been changed.
Article 4 of the Law "On the Procedure and Conditions of
the Restoration of the Rights of Ownership to the Existing Real
Property", titled "Conditions and Procedures for the
Restoration of the Right of Ownership to Land Used for
Agricultural Purposes", on 7 May 1992 was appended by Part 9 :
"up to 3 hectares plots of land shall be restored, in kind or
in equivalent kind, for ownership to the persons, defined in
Article 2 of this Law, in areas of not being privatized land,
that adjoin private farmsteads and rural settlements and are
designated for personal holdings" (this norm of the Law was
voided pursuant to item 3 of the Republic of Lithuania Law "On
the Appending and Amending 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"", 15 July
1993). The size of the plot of the land, that had to be
restored, was restricted by the said norm, since land, allotted
to other persons for private holdings, as well as formed
land-tenures were taken into consideration. Legal preconditions
for utilization of the personal plot of land was also created
by this Law.
Regulative role of law is greatly dependent upon intensity
of social life. The more complicated social relations of
people, the larger need to regulate these relations, i.e. to
adopt legal acts that would create preconditions for
reconciling conflicts of social interests. In such way,
fortuities and self-will, instability of social life and
opposing of interests are avoided. One of the main goals of
law, in the regard as the way of regulation of social life, is
justice. It is impossible to attain justice by satisfying
interests of only one group or one person and by denying
interests of others. While behaving one-sidedly, the humane
purpose of law would be disregarded and probability of social
conflicts would increase. Law cannot be based only on interests
of majority or minority, therefore, conformation of interests
by using optimum possibilities of agreement between parties is
strived for in law -making. This principle of law-making is
particularly actual when the questions of a person's natural
rights in general and separately, - the implementation of
rights of ownership, protection of rights to ownership - are
being solved.
Conflict of interests is reflected in this case: on the
one hand, persons striving to restore the right of ownership to
land, and on the other hand, persons who, pursuant to the legal
acts of the State of Lithuania, are already using concrete area
of land as the land of their personal plot and who want to
utilise it further, including as well the possibility to
privatize it. It is possible to reconcile this conflict only on
the basis of law after having estimated the real economic
situation, as well as the psychological condition of society
and size of socialization of this problem.
In Articles 47 and 54 of the Constitution land shall be
treated as universal value having social function - to serve
the welfare of the people. It is not the same for society how
land shall be used since it is the general need to preserve
rational utilization of land according to its proper purpose.
Thus, on striving for conciliation of interests of former
owners and users of land of personal plots, the right of the
State to regulate conditions of the restoration of the rights
of ownership to land is unavoidable necessity.
After the restoration of independence, farming in
Lithuania was collective and private, i.e. persons' who had
acquired up to 2 or 3 hectares of land. Status of the said
persons was as of small farmers. Since the very beginning of
land allotment, stability of the rights to the usage of that
land was guarantied to them.
Until adoption of the restoration of property or the
decision concerning appropriate compensation, the subjective
rights of a former owner to concrete property have not been
restored, yet. A law, until it is not applied to concrete
subject for the restoration of concrete property, does not
initiate subjective rights of its own accord. In such a
situation, the decision of the institution empowered by the
State to restore the property in kind or to compensate it shall
have such juridical significance, that since that moment the
former owner shall acquire the rights of ownership to such
property. (The Constitutional Court ruling, 27 May 1994).
The legislator, after establishing the procedure and
conditions of the restoration of the rights of ownership, has
emphasized the priority of former owners to recover land in
kind. In case, however, due to concurrence of factual
land-tenure relations, that have been estimated as the social
need while implementing land reform, it is impossible to
restore land in kind, it may be bought out from the former
landowner.
The notion "the buying out ", used in Article 12 of the
Law "On the Procedure and Conditions of the Restoration of the
Rights of Ownership to the Existing Real property", actually
means the right of the institutions empowered by the State to
make the decision not to restore the existing land to its
former owners in case there are appropriate conditions
established by laws. Pursuant to Part 1 of Article 12 of this
Law, land, allotted for personal plots of residents, shall be
bought out from former owners by applying the methods
established in Article 16 of the said Law. Former landowners
have the right, in accordance with the procedure established by
law, to choose the method of reimbursement established by this
Law, as well as, in the event of disagreement concerning it or
justice of compensation, they may defend their interests in
court. In its ruling of 27 May 1994, the Constitutional Court
has noted that the provision, that in case it is impossible to
restore the property in kind, reimbursement has to be granted,
shall not contradict principles of inviolability of ownership
and protection of the rights of ownership, as rightful
compensation shall also guarantee the restoration of the rights
of ownership.
While solving the problem of the restoration of land to
former owners, the formed system of economic - social relations
and, concretely, actual land-tenure shall be inevitably
confronted. Due to this, it shall be impossible to disregard
the right of the State to regulate the conditions of the
restoration of the rights of ownership so, that the interests
of the former owners and of the present users of their land,
allotted for personal plots, would be conciliated at most. In
establishing the buying out of the land, which up to 2 or 3
hectares have been allotted of for personal plots, as well as
its reimbursement, the activity of the State is grounded not
only on conciliation of social interests but also on such
regulation of economic activity that it would serve the general
welfare of people (Article 46 of the Constitution).
In estimation of this problem, legal traditions of the
State of Lithuania must be taken into consideration. It has
been noted in all constitutions of the State of Lithuania that
property, and especially land, has social function as well. By
land reforms it has also been striving for that land would be
allotted to those persons who till it, though historically they
have never had any rights of ownership to it.
Pursuant to the resolution of the Supreme Council "On the
Expansion of Personal Plots Belonging to Rural Residents ", 26
July 1996, almost all persons, residing in rural settlements,
utilize plots allotted for personal holdings. Without buying
out of land from former owners, it would be impossible to
provide with land persons who utilize and till it, and this
would prevent from implementing land reform.
The State must use such bought out land properly - to sell
it to its users or, in case the users do not announce the
desire to acquire it for private ownership, to guarantee them
termless utilization of the allotted land. Taking into
consideration the above said, the Constitutional Court comes to
the conclusion that item 8 of the Law of the Republic of
Lithuania "On the Appending and Amending 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"", adopted 15 July 1993, by which the norm that -"land
allotted for personal plots of residents" shall be bought out -
of item 3, Part 1 of Article 12 of the Law "On the Procedure
and Conditions of the Restoration of the Rights of Ownership to
the Existing Real Property "has been set forth anew , as well
as item 23 of the Law of the Republic of Lithuania "On the
Appending and Amending the Republic of Lithuania on Land
Reform", adopted 15 July 1993, by which item 7 of Article 16 of
the Law on Land Reform has been set forth anew , do not
contradict the Constitution.
2. Pursuant to item 3, Part 1, Article 12 of the Law "On
the Procedure and Conditions of the Restoration of the Rights
of Ownership to the Existing Real Property", land, "designated
for the needs of personal plots of residents according to land
reform land exploitation projects that were considered at
boards of districts until 31 December 1993, or allotted and
marked out in the locality until the said date", shall also be
bought out. While investigating this norm it should be noted
that in accordance with the resolution of the Supreme Council
"On the Expansion of Personal Plots Belonging to Rural
Residents", 26 July 1990, the allotment of land for personal
plots of residents has been cancelled (item 2 of the Law of the
Republic of Lithuania "On the Republic of Lithuania Some Legal
Acts on Land Questions, which, after the Law of the Republic of
Lithuania on Land has been Enforced, shall be Voided", 12 July
1994 ). Thus, the formation of factual land-tenure of personal
plots is finished.
The buying out of the land, allotted for personal plots,
has to depend only on the land - tenure that has been formed
while implementing land reform and on that situation, which
arose after allotting plots of land to personal holdings of
residents in accordance with the resolution of the Supreme
Council, 26 July 26 . This land may be bought out from former
owners only provided that rightful users of these present plots
exist. The provision, "land, designated for the needs of
personal plots of residents, shall be bought out", may not be
elucidated as the buying out of land that has not be allotted
in accordance with the resolution of the Supreme Council, 26
July 1990. Otherwise, the established principles of the
defending of the rights of ownership in Article 23 of the
Constitution would be violated.
3. In item 8 of the Law "On Appending and Amending 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"", adopted 15 July 1993, by which item 3 of Part
1 of Article 12 has been set forth anew, there is the norm :
"Up to 3 hectares area of agricultural land for the restoring
of land in kind may be left to the persons residing in
individual farmsteads located in these territories, provided
the residents, having land plots allotted for their personal
holding, agree to use land in other place". Pursuant to the
resolution of the Supreme Council "On Expansion of Personal
Plots Belonging to Rural Residents" (26 July 1990), former
landowners residing in private farmsteads shall also have the
right, together with other persons, to plots of land of up to 2
or 3 hectares. The right of such an owner to restore the right
of ownership by recovering the plot of land of the said size
may not be restricted, while interests and will of other
persons, who utilize the land, must be taken into
consideration. Otherwise, the former owner becomes dependent on
subjective will of other land users. The rights of former
owners, residing in private farmsteads, are restricted by this
norm, in comparison with other land users. Such restriction in
the rights of ownership of former owners contradicts Article 23
and Article 29 of the Constitution.
4. It is established in Article 120 of the Constitution
that "Local governments act freely and independently in
accordance with the competence determined by the Constitution
and laws". Pursuant to this norm, the Seimas may commission by
law local governments or government bodies being formed by them
in administrative-territorial unit with the performing of
concrete functions so, that this would not contradict the
Constitution. The disputable empowering, conceded to local
governments for performing some legal actions while
implementing land reform, among them - consideration of
projects of land exploitation, may not be evaluated as
contradicting the Constitution.
The Constitutional Court states that while investigating
the case it has turned out, that in enforcing the Law "On the
Procedure and Conditions of the Restoration of the Rights of
Ownership to the Existing Real Property" and the Law on Land
Reform, the interests of citizens, grounded on constitutional
rights and freedoms, are violated. Local governments and their
appropriate services, while preparing and considering projects
of land reform land exploitation, must conciliate interests of
different people, i.e. must use the optimum possibilities of
agreement. This is also required in the provision of the
preamble of the Constitution, that the Lithuanian nation
strives for "open, just and harmonious civil society and
law-governed State".
It is established in Part 2 of Article 6 of the
Constitution that : "Every person may defend his or her rights
on the basis of the Constitution". It is maintained in Part 1
of Article 30 of the Constitution that: "Any person whose
constitutional rights and freedoms are violated shall have the
right to appeal to court". These provisions on the defence of
rights and freedoms of citizens in court are still supplemented
by the norm of Article 124 of the Constitution : "Deeds and
actions of local government Councils as well as their executive
bodies and officers which violate the rights of citizens and
organisations may be appealed against in court". The
Constitution is integral and directly applied act, therefore
decisions, made by local governments or their officers, while
implementing land reform in accordance with the procedure
accepted by law, may be appealed against in court.
Conforming to Article 102 of the Constitution of the
Republic of Lithuania, as well as Articles 53, 54, 55 and 56 of
the Law on the Constitutional Court of the Republic of
Lithuania, the Constitutional Court of the Republic of
Lithuania has passed the following
ruling:
1. To recognize that the norm, establishing that : "land
required for State needs as well as other land shall be bought
out from persons, defined in Article 2 of this law, in the
manner specified in Article 16 of this Law, if : ... land
allotted for private plots of residents", of item 8 of the Law
of the Republic of Lithuania "On Appending and Amending the Law
"On the Procedure and Conditions of the Restoration of the
Rights of Ownership to the Existing Real Property"", adopted 15
July 1993, by which item 3 of Part 1 of Article 12 of the Law
"On the Procedure and Conditions of the Restoration of the
Rights of Ownership to the Existing Real Property" has been set
forth anew, and item 23 of the Law of the Republic of Lithuania
"On Appending and Amending of the Law of the Republic of
Lithuania on Land Reform", adopted 15 July 1993, by which item
7 of Article 16 of the Law of the Republic of Lithuania on Land
Reform has been set forth anew, do not contradict the
Constitution of the Republic of Lithuania.
2. To recognize that the norm, establishing that "up to 3
hectares area of agricultural land for restoring of land in
kind may be left to the persons residing in individual
farmsteads located in these territories, provided the
residents, having land plots allotted for their personal
holding, agree to use land in other place", of item 8 of the
Law of the Republic of Lithuania "On Appending and Amending the
Law "On the Procedure and Conditions of the Restoration of the
Rights of Ownership to the Existing Real Property"", adopted 15
July 1993, by which item 3 of Part 1 of Article 12 of the Law
"On the Procedure and Conditions of the Restoration of the
Rights of Ownership to the Existing Real Property" has been set
forth anew, contradicts Articles 23 and 29 of the Constitution
of the Republic of Lithuania.
This Constitutional Court ruling is final and not subject
to appeal.
The ruling is promulgated on behalf of the Republic of
Lithuania.