Lietuviškai
THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA
D E C I S I O N
On the request of the Kaunas City District Court
to investigate whether the Republic of Lithuania
Law on the Bases of Assessment of Property and
Business is in compliance with Part 3 of Article
16 of the Republic of Lithuania Law on the
Restoration of the Ownership Rights of Citizens to
the Existing Real Property
Vilnius, 22 December 1999
The Constitutional Court of the Republic of Lithuania,
composed of the Judges of the Constitutional Court Egidijus
Jarašiūnas, Egidijus Kūris, Zigmas Levickis, Augustinas
Normantas, Vladas Pavilonis, Jonas Prapiestis, Vytautas
Sinkevičius, Stasys Stačiokas, and Teodora Staugaitienė,
with the secretary of the sitting-Daiva Pitrėnaitė,
in the procedural sitting of the Constitutional Court has
discussed a report of the judge Teodora Staugaitienė concerning
preliminary investigation of the petition filed by the Kaunas
City District Court.
The Constitutional Court
has established:
1. In its ruling of 14 October 1999, the petitioner-the
Kaunas City District Court-requests to investigate: (1) whether
Part 3 of Article 16 of the Republic of Lithuania Law on the
Restoration of the Ownership Rights of Citizens to the Existing
Real Property and Part 2 of Article 3 of the Republic of
Lithuania Law on the Size, Sources, Payment Term and Procedure
of Compensations for the Real Property Bought Out by the State,
and on the Guarantees and Privileges Provided for in the Law on
the Restoration of the Ownership Rights of Citizens to the
Existing Real Property are in conformity with Articles 23 and
29 of the Constitution of the Republic of Lithuania; whether
(2) Item 4.2 of Resolution of the Government of the Republic of
Lithuania No. 205 "On the Procedure of the Assessment of Land"
of 24 February 1999 and the Methods of Establishment of the
Value and Equivalence of the Land, Forest and Water Bodies
Bought out by the State approved by the said resolutions, as
well as whether Item 2.2 of Resolution of the Government of the
Republic of Lithuania No. 464 "On the Procedure for Listing of
Citizens Who Are Compensated in Cash for the Land, Forest and
Water Bodies Bought out by the State and That of the
Compensation Payment" of 26 April 1999 are in compliance with
Part 3 of Article 16 of the Republic of Lithuania Law on the
Restoration of the Ownership Rights of Citizens to the Existing
Real Property and Part 2 of Article 3 of the Republic of
Lithuania Law on the Size, Sources, Payment Term and Procedure
of Compensations for the Real Property Bought Out by the State,
and on the Guarantees and Privileges Provided for in the Law on
the Restoration of the Ownership Rights of Citizens to the
Existing Real Property.
Conforming to Part 1 of Article 70 of the Law on the
Constitutional Court, on the grounds of Order No. 69 of 22
December 1999 issued by the Chairman of the Constitutional
Court, the aforesaid petition has been returned back to the
petitioner.
2. In its ruling of 14 October 1999, the Kaunas City
District Court also requests to investigate whether the
Republic of Lithuania Law on the Bases of Assessment of
Property and Business is in compliance with Part 3 of Article
16 of the Republic of Lithuania Law on the Restoration of the
Ownership Rights of Citizens to the Existing Real Property.
Under Part 1 of Article 105 of the Constitution and Item 1
of Part 1 of Article 63 of the Law on the Constitutional Court,
the Constitutional Court shall consider the conformity of laws
of the Republic of Lithuania and legal acts adopted by the
Seimas with the Constitution. The Constitutional Court does not
investigate the compliance of a law with another law. The
investigation of the said request of the Kaunas City District
Court is not within the competence of the Constitutional Court.
Conforming to Article 28 and Item 2 of Part 1 of Article
69 of the Law on the Constitutional Court, the Constitutional
Court has adopted the following
decision:
To refuse to investigate the request of the Kaunas City
District Court formulated in its 14 October 1999 ruling whether
the Republic of Lithuania Law on the Bases of Assessment of
Property and Business is in compliance with Part 3 of Article
16 of the Republic of Lithuania Law on the Restoration of the
Ownership Rights of Citizens to the Existing Real Property.
Judges of the Constitutional Court:
Egidijus Jarašiūnas
Egidijus Kūris
Zigmas Levickis
Augustinas Normantas
Vladas Pavilonis
Jonas Prapiestis
Vytautas Sinkevičius
Stasys Stačiokas
Teodora Staugaitienė