Lietuviškai
                                      Case No. 20/98

                   THE CONSTITUTIONAL COURT OF                   
                    THE REPUBLIC OF LITHUANIA                    

         Decision on the request of the College of Civil         
       Cases of the Vilnius Regional Court to investigate        
        whether Part 3 of Article 476 of the Republic of         
            Lithuania Code of Civil Proceedings is in            
        compliance with the Constitution of the Republic         
                          of Lithuania                           

                     Vilnius, 9 October 1998                     

     The  Constitutional  Court  of  the  Republic  of Lithuania,
composed  of  the  Judges  of  the  Constitutional Court Egidijus
Jara?i?nas,   Kæstutis  Lapinskas,  Zigmas  Levickis,  Augustinas
Normantas,  Vladas  Pavilonis,  Jonas Prapiestis, Pranas Vytautas
Rasimavi?ius, Teodora Staugaitien?, and Juozas ?ilys,
     with the secretary of the sitting-Daiva Pitr?nait?,
     in  the  organisational  sitting of the Constitutional Court
has  discussed  the  issue  of  refusal  to  examine the petition
requesting  to  investigate  the  compliance  of the legal act to
the Constitution.
  
     The Constitutional Court
                        has established:                         

     The  petitioner-the  College  of  Civil Cases of the Vilnius
Regional   Court-requests   to  investigate  whether  Part  3  of
Article   476   of  the  Republic  of  Lithuania  Code  of  Civil
Proceedings   (hereinafter   referred   to  as  the  CCP)  is  in
compliance  with  Article  23 of the Constitution of the Republic
of Lithuania.

     The Constitutional Court
                           holds that:                           

     On  7  September 1998, the Constitutional Court investigated
Case  No.  1/98 subsequent to the petition submitted to the Court
by  the  petitioner-the Alytus Regional District Court-requesting
to  investigate  if  Part  3  of  Article  476  of the CCP was in
conformity  to  Article  23 of the Constitution. In its ruling of
24  September  1998  the Constitutional Court recognised that the
part  of  the  norm  of Part 3 of Article 476 of the CCP, wherein
it   is  established  that  in  the  case  that  one  has,  under
cassation  procedure,  repealed  decisions  regarding recovery of
sums  of  money  pursuant  to the requirements arising from legal
labour  relations,  reversal  of  the  implementation of the said
decisions  shall  be permitted only in the case that the repealed
decision  was  based  on  the  false evidence of the plaintiff or
forged  documents  presented by the latter, is in compliance with
the Constitution.
     The  fact  that the compliance of the legal act indicated in
the  petition  of  the  College  of  Civil  Cases  of the Vilnius
Regional   Court   has   already   been   investigated   at   the
Constitutional  Court  and the ruling of the Constitutional Court
on  this  issue  remains  effective,  constitutes the grounds for
the  Constitutional  Court to refuse, by its decision, to examine
the  petition  requesting to investigate the compliance of Part 3
of Article 476 of the CCP with the Constitution.

     Conforming  to  Article  28  and Item 3 of Part 1 of Article
69  of  the  Republic  of  Lithuania  Law  on  the Constitutional
Court, the Constitutional Court has adopted the following
  
                            decision:                            
  
     To   refuse   to   examine   the   petition   requesting  to
investigate   the   compliance   of   the   legal   act   to  the
Constitution.
  
  
     Judges of the Constitutional Court:
  
Egidijus Jarašiūnas 
Kęstutis Lapinskas 
Zigmas Levickis
Augustinas Normantas 
Vladas Pavilonis 
Jonas Prapiestis
Pranas  Vytautas  Rasimavičius  
Teodora  Staugaitienė 
Juozas Žilys