Lietuviškai

                   THE CONSTITUTIONAL COURT OF                   
                    THE REPUBLIC OF LITHUANIA                    

                           R U L I N G                           

        On the compliance of the 6 October 1998 Seimas of        
         the Republic of Lithuania decision to reject a          
          draft resolution of the Seimas "On Forming a           
           Special Investigatory Commission" and the 6           
        October 1998 Seimas of the Republic of Lithuania         
        Resolution "On the Proposal of a Group of Seimas         
       Members of 28 September 1998 'On the Initiation of        
        Impeachment Proceedings Against the Member of the        
       Seimas Audrius Butkevičius'" with the Constitution        
         of the Republic of Lithuania, Part 1 of Article         
        24, Article 238, Parts 1 and 3 of Article 239 and        
        Articles 241 and 243 of the Statute of the Seimas        
                  of the Republic of Lithuania                   

                     Vilnius, 30 March 2000                      

     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 hearing-Daiva Pitrėnaitė,
     in the presence of:
     the  representative  of  the  petitioner-a  group  of Seimas
members-Juozas Bernatonis, a Seimas member,
     the  representative  of  the  party  concerned-the Seimas of
the  Republic  of  Lithuania-Audronė  Ožiūnienė,  a consultant to
the Law Department of the Office of the Seimas,
     pursuant  to  Part  1  of Article 102 of the Constitution of
the  Republic  of  Lithuania  and  Part  1  of  Article  1 of the
Republic  of  Lithuania  Law  on  the Constitutional Court, on 16
March  2000  in its public hearing conducted the investigation of
Case  No.  26/98  subsequent  to  the  petition  submitted to the
Court  by  the  petitioner-a  group  of Seimas of the Republic of
Lithuania  members-requesting  to  investigate  if  the 6 October
1998  Seimas  decision to reject a draft resolution of the Seimas
"On  Forming  a  Special  Investigatory  Commission"  and  the  6
October   1998   Seimas   Resolution   "On   the   Initiation  of
Impeachment   Proceedings   Against  the  Member  of  the  Seimas
Audrius  Butkevičius"  were  in  compliance with the Constitution
of  the  Republic  of  Lithuania  and Part VIII of the Statute of
the Seimas of the Republic of Lithuania.

     The Constitutional Court
                        has established:                         

                                I                                
     On  6  October 1998, the Seimas adopted a decision to reject
a   draft   resolution  of  the  Seimas  "On  Forming  a  Special
Investigatory   Commission"   (protocol  No.  11(237)  of  the  6
October  1998  Seimas  morning  plenary meeting; hereinafter also
referred to as the Seimas decision).
     On  6  October  1998,  the Seimas adopted the Resolution "On
the  Proposal  of  a Group of Seimas Members of 28 September 1998
'On   the  Initiation  of  Impeachment  Proceedings  Against  the
Member  of  the  Seimas  Audrius  Butkevičius'" (Official Gazette
Valstybės  žinios,  1998,  No. 89-2450; hereinafter also referred
to as the Seimas Resolution) wherein it is provided:
     "Taking account of the fact that
     in  cases  when  a  Seimas member is suspected of commission
of  crime,  the  Seimas  must,  conforming  to  Article 24 of the
Statute   of  the  Seimas,  choose  only  one  of  the  following
decisions:   to   begin   preparatory   actions  for  impeachment
proceedings  under  the procedure established in Part VIII of the
Statute  of  the  Seimas,  or  to  give  its consent to bring the
Seimas member to criminal responsibility;
     having   passed  the  19  August  1997  Resolution  "On  the
Consent  to  Bring  the  Member of the Seimas Audrius Butkevičius
to  Criminal  Responsibility",  the  Seimas  opted for one of the
procedures  pointed  out  in  the  Statute of the Seimas, i.e. it
consented  that  the question of culpability of the Seimas member
Audrius Butkevičius be decided in court;
     at  present  the criminal case of the Seimas member is under
investigation  in  court and that the impeachment proceedings, in
case   of   their   institution,   would   mean  that  two  state
institutions  (i.e.  the  court and the Seimas) would be deciding
the   question  of  culpability  of  the  Seimas  member  Audrius
Butkevičius concerning the same accusation;
     the  question  of  the  mandate of the Seimas member Audrius
Butkevičius  may  be  decided  under impeachment proceedings only
after  the  court has investigated this criminal case and adopted
a decision,
     the Seimas has decided:
     Article 1.
     Not  to  consider  the proposal of a group of Seimas members
of   28   September   1998  "On  the  Initiation  of  Impeachment
Proceedings   Against   the   Member   of   the   Seimas  Audrius
Butkevičius"  wherein  the  said  group of Seimas members did not
charge A. Butkevičius with anything.
     Article 2.
     This resolution shall go into effect as of its adoption."
     The   petitioner   requests   to   investigate  whether  the
decision  and  the  Resolution  of  the  Seimas is in compliance
with  the  Constitution  and  Part  VIII  of  the  Statute of the
Seimas.

                               II                                
     The request of the petitioner is based on these arguments.
     On   28  September  1998,  44  Seimas  members  submitted  a
proposal   to  the  Seimas  "On  the  Initiation  of  Impeachment
Proceedings   Against   the   Member   of   the   Seimas  Audrius
Butkevičius".  Under  Article  242  of  the Statute of the Seimas
the  Chairman  or Deputy Chairman of the Seimas shall immediately
present  such  a  proposal  to Seimas members and shall, no later
than  within  one  week  during the session, submit a proposal to
the Seimas to consider the issue.
     Under  Article  243  of  the  Statute  of  the  Seimas, upon
hearing   a   proposal   made   by   the   initiators   or  their
representative   concerning   the   initiation   of   impeachment
proceedings  against  a  concrete  individual,  the  Seimas shall
form  a  commission  to  investigate the validity and seriousness
of  the  submitted  charges and to prepare the finding concerning
the   proposal   to  initiate  impeachment  proceedings.  In  the
opinion  of  the  petitioner,  in  such a case the Seimas may not
decide  independently  or  choose  an  alternative  but must form
such a commission.
     Article  74  of  the  Constitution provides that impeachment
proceedings  shall  be  established by the Statute of the Seimas,
while   Article  76  of  the  Constitution  stipulates  that  the
structure  and  procedure  of  activities  of the Seimas shall be
determined  by  the  Statute  of  the Seimas which shall have the
power  of  law.  The  petitioner  is  of  the  opinion that the 6
October  1998  Seimas  decision  to  reject a draft resolution of
the  Seimas  "On  Forming  a  Special  Investigatory  Commission"
conflicts  with  Articles  74 and 76 of the Constitution and Part
VIII of the Statute of the Seimas.
     On  6  October 1998, the Seimas adopted the decision "On the
Proposal  of  a  Group of Seimas Members of 28 September 1998 'On
the  Initiation  of Impeachment Proceedings Against the Member of
the   Seimas   Audrius  Butkevičius'"  which,  according  to  the
petitioner,  is  also  in conflict with Articles 74 and 76 of the
Constitution.
     The  petitioner  notes  that  in  the disputed legal act the
Seimas  was  conforming to the provision that under Article 24 of
the  Statute  of  the  Seimas,  the  Seimas  has  to  choose only
between  one  of  the  following decisions in cases when a Seimas
member   is   suspected   of   commission   of  crime:  to  begin
preliminary  actions  of  impeachment proceedings, or to give its
consent  to  bring the Seimas members to criminal responsibility.
However,  Article  24  of  the Statute of the Seimas provides for
the  procedure  for  deprivation  of  the  inviolability  of  the
person  of  a Seimas member under Article 62 of the Constitution,
while  the  procedure  for  impeachment proceedings under Article
74  of  the  Constitution  is  regulated by Part VIII Impeachment
Proceedings  of  the  Statute  of the Seimas. The analogous legal
norms  to  Article  24  of the Statute of the Seimas are repeated
in  its  Article  239,  however,  Part  2  of Article 238 thereof
provides   that   the   proposal   to   the  Seimas  to  initiate
impeachment  proceedings  against  a concrete person shall not be
related to the norms of Article 239 of this Statute.
     In  the  opinion  of  the  petitioner,  the  motive  of  the
decision  of  the Seimas that the Seimas already opted for one of
the  possible  procedures,  i.e. it consented to bring the Seimas
member   A.   Butkevičius   to   criminal   responsibility   and,
therefore,  it  might not consider the issue of the initiation of
impeachment  proceedings,  conflicts  with  Articles 74 and 76 of
the  Constitution  and  those  articles  of  the  Statute  of the
Seimas   which   provide   for   the  procedure  for  impeachment
proceedings.

                               III                               
     In  the  course  of  the  preparation  of  the  case for the
Constitutional  Court  hearing,  a  written  explanation  of  the
representative  of  the  Seimas A. Ožiūnienė, a consultant to the
Law  Department  of the Office of the Seimas, was received. It is
maintained  therein  that Article 74 of the Constitution provides
that   the   procedure   for  impeachment  proceedings  shall  be
established  by  the  Statute  of  the Seimas. Article 237 of the
Statute  of  the  Seimas  stipulates  that there shall be grounds
for  initiating  impeachment  proceedings  in  the  event that an
individual  specified  in  Article  236  of  this Statute has: 1)
grossly  violated  the  Constitution;  2) breached an oath; or 3)
is suspected of commission of crime.
     The  representative  of  the party concerned maintained that
in  cases  when  a  Seimas  member  is suspected of commission of
crime,  Part  1  of  Article  24 and Part 3 of Article 239 of the
Statute  of  the  Seimas  provide that after the Seimas has heard
the  report  of  the  Prosecutor  General  concerning  the  crime
committed  by  a  Seimas  member, it shall decide whether to form
an  investigatory  commission  for  the  consent to take criminal
action  against  a  Seimas  member,  or  to  initiate preliminary
actions   of   the   impeachment  proceedings  according  to  the
procedure  established  in  Part  VIII  of this Statute. Thus, in
case  there  is a report of the Prosecutor General concerning the
crime  committed  by  a Seimas member, the Seimas is obligated to
choose  between  one  of  these  procedures: to begin preliminary
actions   for   impeachment   proceedings   under  the  procedure
established  in  Part  VIII  of  the Statute of the Seimas, or to
give   its  consent  to  bring  the  Seimas  member  to  criminal
responsibility.
     On  19  August  1997,  conforming to Part 2 of Article 62 of
the  Constitution,  taking account of the 14 August 1997 proposal
of  the  Prosecutor  General concerning the consent of the Seimas
to   bring   the   Seimas   member  A.  Butkevičius  to  criminal
responsibility  and  the  18  August 1997 reference of the Seimas
Provisional  Investigatory  Commission,  the  Seimas  adopted the
Resolution  "On  the  Consent  to Bring the Seimas Member Audrius
Butkevičius  to  Criminal  Responsibility", i.e. it opted for one
of  the  alternative  procedures  provided  for in the Statute of
the  Seimas:  it  decided  that  the  question whether the Seimas
member   A.   Butkevičius   has   committed   a  crime  would  be
investigated by investigatory bodies and the court.
     The  representative  of  the  party concerned noted that the
Statute  of  the  Seimas  does  not provide that after the Seimas
has  adopted  a  decision  to  allow  to bring a Seimas member to
criminal  responsibility  (especially  as  the  criminal  case is
already  investigated  in  court),  at  the same time preparatory
actions  for  impeachment  proceedings  might be performed or the
impeachment  proceedings  be  conducted  in  the  Seimas.  In the
opinion  of  the  representative  of  the  party  concerned,  the
provisions   of   the   Statute  of  the  Seimas  are  worded  in
accordance  with  the principle that two state institutions, i.e.
the  Seimas  and  bodies  of  law  and  order  (courts)  may  not
investigate   the   actions   performed   by   a   Seimas  member
simultaneously,  as  this  would be incompatible with the Code of
Criminal  Proceedings,  the  Law  on  Courts  and other laws, and
this would also impede the investigation.
     According  to  the  representative  of  the party concerned,
the  statement  of  the  petitioner  that the motive presented in
the  resolution  part of the Seimas decision whereby the group of
Seimas  members  did  not charge the Seimas member A. Butkevičius
with   anything   is   in   conflict   with  Article  74  of  the
Constitution   and   the   Statute   of  the  Seimas  is  legally
unmotivated.   Article  74  of  the  Constitution  names  various
subjects  that  may  be  removed from office or the Seimas member
mandate  of  whom  be revoked under the procedure for impeachment
proceedings,  and  also  provides as to what majority of votes is
required  in  order  to  perform  this  (by three-fifths majority
vote  of  all the Seimas members). Article 74 of the Constitution
does  not  provide  for  any particular procedure for impeachment
proceedings,   therefore   this   article   says   nothing  about
presenting  accusations  against a Seimas member, either. Article
74   of   the   Constitution  provides  that  the  procedure  for
impeachment  proceedings  shall  be established by the Statute of
the  Seimas.  Thus,  the  comparison  of  the  provisions  of the
Seimas  decision  with  Article  74  of  the  Constitution by the
petitioner is legally groundless.
     The  representative  of the party concerned noted that under
Article  241  of  the  Statute  of  the  Seimas,  the initiators'
proposal  to  initiate  impeachment proceedings must indicate the
concrete  person,  the charge formulated against the said person,
arguments,  major  facts,  and  evidence  or  sources thereof. An
analysis  of  Articles  235,  237,  239 and 240 permits to assert
that   a   group   of   Seimas   members  initiating  impeachment
proceedings  must  charge  the  Seimas  member with commission of
one  of  the  actions  at  the presence of which there occurs the
basis  for  impeachment  proceedings. The group of Seimas members
must  also  formulate  the  charge. The references alone that the
Seimas  member  was  charged by institutions of law and order are
not   sufficient.   The   specific   character   of   impeachment
proceedings  as  a  special  procedure  is determined by the fact
that  no  one  else  but Seimas members assess the actions of the
Seimas   member,   qualify   them   as   grossly   violating  the
Constitution,  breaching  the  oath  or  as  permitting to assert
that  there  are  suspicions  that  he has committed a crime, and
charge  the  Seimas  member  with commission of the said concrete
actions  (it  goes without saying, the formulation of the charges
presented  by  the  group  of  Seimas  members  may  or  may  not
coincide   with  those  presented  by  institutions  of  law  and
order).
     In   the   opinion   of  the  representative  of  the  party
concerned,  the  6 October 1998 Seimas decision to reject a draft
resolution  of  the  Seimas  "On  Forming a Special Investigatory
Commission"  and  the  6  October  1998 Seimas Resolution "On the
Initiation  of  Impeachment Proceedings Against the Member of the
Seimas   Audrius   Butkevičius"   are   in  compliance  with  the
Constitution and Part VIII of the Statute of the Seimas.

                               IV                                
     In  the  Constitutional  Court hearing the representative of
the  petitioner  virtually  reiterated  the arguments set down in
the request of the petitioner.
     In  the  Constitutional  Court hearing the representative of
the  party  concerned virtually reiterated the arguments set down
in her written explanations.

     The Constitutional Court
                           holds that:                           

     1.  The  petitioner-a  group  of  Seimas members-requests to
investigate  whether  the  6  October  1998  Seimas  decision  to
reject  a  draft  resolution  of the Seimas "On Forming a Special
Investigatory   Commission"   and   the  6  October  1998  Seimas
Resolution   "On   the   Initiation  of  Impeachment  Proceedings
Against  the  Member  of  the  Seimas Audrius Butkevičius" are in
compliance  with  the  Constitution  and Part VIII of the Statute
of the Seimas.
     In  the  argumentative  part of the petition, the petitioner
points  out  that,  in  his  opinion, the Seimas decision and the
Seimas  Resolution  conflict  with  Articles  74  and  76  of the
Constitution,  Part  1  of Article 24, Article 238, Parts 1 and 3
of  Article  239  and  Articles 241 and 243 of the Statute of the
Seimas  which  regulate  the  preparatory actions for impeachment
proceedings.
     It  needs  to  be  noted that the Seimas amended the Statute
of  the  Seimas by the 22 December 1998 Statute of the Seimas "On
Amendment  of  the  Statute"  and  set it forth in a new wording.
Taking  account  of  the  motives  set down in the request of the
petitioner,  the  Constitutional  Court  will investigate whether
the  Seimas  decision  and  Seimas  Resolution  are in compliance
with  Articles  74  and  76  of  the  Constitution  and Part 1 of
Article  24,  Article  238,  Parts  1  and  3  of Article 239 and
Articles  241  and 243 of the Statute of the Seimas which were in
effect  at  the  moment  of the adoption of the said decision and
resolution.
     2.  The  constitutional  bases  for  impeachment proceedings
are  established  in  Article  74  of  the  Constitution.  It  is
established  in  this  article  that  "for gross violation of the
Constitution,  breach  of  oath,  or  upon  the disclosure of the
commission  of  crime,  the  Seimas may, by three-fifths majority
vote   of   all  the  Seimas  members,  remove  from  office  the
President  of  the  Republic,  the  Chairperson and judges of the
Constitutional  Court,  the Chairperson and judges of the Supreme
Court,  the  Chairperson  and  judges  of the Court of Appeal, as
well  as  Seimas  members,  or may revoke their mandate of Seimas
member.  Such  actions  shall  be  carried out in accordance with
the   procedure   for  impeachment  proceedings  which  shall  be
established by the Statute of the Seimas".
     The  provision  of  Article  74  of  the  Constitution  "the
procedure    for   impeachment   proceedings   which   shall   be
established  by  the  Statute  of  the  Seimas"  establishes  the
discretion  of  the  Seimas  in  this  area.  Article  74  of the
Constitution  provides  for several bases for impeachment. In its
11  May  1999  ruling,  interpreting  the  said  article  of  the
Constitution,  the  Constitutional  Court  noted that the Statute
of  the  Seimas may establish such a procedure for impeachment so
that  it  would  take  into  consideration the differences of the
constitutional bases for impeachment.
     3.  Deciding  whether  the  Seimas  decision  or  the Seimas
Resolution  was  in conformity with the Statute of the Seimas, it
is  important  to  determine  the content of Articles 24, 238 and
239  of  the  Statute  of the Seimas and the interrelation of the
contents  of  these articles. It is possible to do so by applying
various  methods  of  construction  of legal norms, and, first of
all, the systematic method.
     Part  1  of  Article  24  of  the Statute of the Seimas then
provided  that  "after  the  Seimas  has  heard the report of the
Prosecutor  General  concerning  the  crime committed by a Seimas
member,   it  shall  decide  whether  to  form  an  investigatory
commission  for  the  consent  to  take criminal action against a
Seimas   member,  or  to  initiate  preliminary  actions  of  the
impeachment  proceedings  according  to the procedure established
in Part VIII of this Statute".
     Under  then  in  effect Part 1 of Article 238 of the Statute
of   the   Seimas,   the  right  to  request  the  initiation  of
impeachment   proceedings   against  a  concrete  individual  was
granted  to  a group of Seimas members consisting of at least 1/4
of  all  of  the  Seimas  members, the President of the Republic,
and,  if  the  case  concerned  the  Chairperson or judges of the
Constitutional  Court  and the Chairperson or judges of the Court
of  Appeal,  this  right  was  granted  to the Court of Honour of
Judges.
     Part  2  of  Article  238  of the Statute of the Seimas then
contained  the  provision  that  "the  proposal  to the Seimas to
initiate   impeachment  proceedings  against  a  concrete  person
shall  not  be  related  to  the  norms  of  Article  239 of this
Statute".
     Part  1  of  Article  239  of the Statute of the Seimas then
contained  the  provision  that  "upon  establishing that persons
referred  to  in  Article  236  of  this Statute are suspected of
having   committed   a  crime,  the  Prosecutor  General  of  the
Republic   of  Lithuania  shall  immediately  inform  the  Seimas
thereon  and  submit  appropriate  material  thereto".  Part 3 of
Article  239  of  the  Statute  of  the Seimas then contained the
provision  that  "upon hearing the Prosecutor General's report on
a  crime  committed  by  other  persons,  the Seimas shall decide
whether  to  give  its approval to institute legal action against
the  concrete  person (according to the procedure provided for in
this   Statute)   or   to   initiate   preliminary   actions  for
impeachment proceedings".
     Thus  Article  239  of  the  Statute  provided  as  to  what
actions   the   Prosecutor   General   had  to  perform  when  he
established  that  the persons referred to in Article 236 of this
Statute  were  suspected  of  having committed a crime: he had to
immediately  inform  the  Seimas  thereon  and submit appropriate
material  thereto.  In  addition,  Article  239 established as to
what  decisions  the  Seimas  had  to  adopt,  upon  hearing  the
Prosecutor  General's  report,  i.e.  the  Seimas  had  to choose
between  two  possibilities:  either to give its consent to bring
the  concrete  person  to  criminal  responsibility  or  to begin
preparatory actions for impeachment proceedings.
     4.  In  the  context of the case at issue it is important to
determine  the  content  of  the wording "shall not be related to
the  norms  of  Article  239 of this Statute" set down in then in
effect Part 2 of Article 238 of the Statute of the Seimas.
     Article  239  of  the Statute of the Seimas regulated such a
legal  situation  when about a crime committed by a Seimas member
the  Seimas  was  informed  by  the Prosecutor General. In such a
case  the  Seimas  had  to  decide whether to give its consent to
bring  the  Seimas  member to criminal responsibility or to begin
preparatory actions for impeachment proceedings.
     The  wording  "shall  not be related to the norms of Article
239  of  this  Statute" then employed in Part 2 of Article 238 of
the  Statute  of  the Seimas is to be interpreted as establishing
at  that  time  the  right  of the indicated subjects to initiate
impeachment   proceedings  against  the  Seimas  member  who  was
suspected  of  having committed a crime in case of the absence of
the  Prosecutor  General's  report  on  a  crime committed by the
Seimas member.
     5.  On  6  October  1998  the  Seimas  adopted a decision to
reject  a  draft  resolution  of the Seimas "On Forming a Special
Investigatory Commission".
     In  accordance  with then in effect Part 1 of Article 24 and
Part  3  of  Article  239  of  the  Statute  of  the Seimas, upon
hearing  the  Prosecutor General's report on a crime committed by
a   Seimas   member,  the  Seimas  had  to  adopt  one  of  these
decisions:  either  to  give  its  consent  to  bring  the Seimas
member   to  criminal  responsibility  or  to  begin  preliminary
actions  for  impeachment proceedings. Then in effect Article 243
of   the   Statute   of   the  Seimas  provided  that  a  special
investigatory  commission  was  to  be  formed  only  in case the
Seimas  decides  to  begin  preparatory  actions  for impeachment
proceedings.
     When  it  is  decided  whether  the  Seimas  decision was in
conformity  with  the  Statute  of  the  Seimas,  the  fact is of
essential  importance  that  the  Seimas,  adopting its 19 August
1997  Resolution  "On  the  Consent  to  Bring  the Member of the
Seimas  Audrius  Butkevičius  to  Criminal Responsibility", opted
for  one  of  the  procedures  pointed  out in the Statute of the
Seimas,  i.e.  it  gave its consent to bring the Seimas member A.
Butkevičius  to  criminal  responsibility.  Alongside, the Seimas
decided  that  the  actual  circumstances  of commission of crime
would  be  investigated  by  law  institutions-the  investigatory
bodies  and  the court-but not a special commission formed by the
Seimas.
     As  mentioned,  the  provisions  of then in effect Part 1 of
Article  24  and  Part  3  of  Article  239 of the Statute of the
Seimas  pre-supposed  the  fact  that in case the Seimas adopts a
decision   to   allow  to  bring  a  Seimas  member  to  criminal
responsibility  because  of  the  commission  of  crime, then the
impeachment  proceedings  against  the said person were not to be
instituted  until  the  question  of  his  criminal liability was
decided,  i.e.  after  the  court  has  adopted  a  judgement  of
acquittal,  or  an  effective judgement of conviction or when has
dismissed the case.
     It  is  evident  that  in  case  it  was impossible to begin
impeachment  proceedings  under  the  Statute of the Seimas, then
it  was  impossible  to  form a special investigatory commission,
as  under  then  in  effect  Article  243  of  the Statute of the
Seimas  such  a  commission  might  be  formed  only  in case the
Seimas  decided  to  begin  preparatory  actions  for impeachment
proceedings.
     Taking   account   of  the  aforesaid  motives,  one  is  to
conclude  that  the  6  October  1998 Seimas decision to reject a
draft   resolution   of   the   Seimas   "On  Forming  a  Special
Investigatory  Commission"  was  in  compliance  with  Part  1 of
Article  24  and  Part  3  of  Article  239 of the Statute of the
Seimas.
     Under  Article  74  of  the  Constitution, the procedure for
impeachment  proceedings  shall  be established by the Statute of
the  Seimas.  The Seimas decision to reject a draft resolution of
the  Seimas  "On  Forming a Special Investigatory Commission" was
in  compliance  with  the Statute of the Seimas which was then in
effect.  When  these  circumstances  are  taken account of, there
are  not  any  grounds  to  assert that the Seimas decision is in
conflict with Article 74 of the Constitution.
     6.  On  6  October  1998,  the Seimas adopted Resolution "On
the  Initiation  of Impeachment Proceedings Against the Member of
the Seimas Audrius Butkevičius".
     As  mentioned,  in  accordance with then in effect Part 1 of
Article  24  and  Part  3  of  Article  239 of the Statute of the
Seimas,  upon  hearing the Prosecutor General's report on a crime
committed  by  a  Seimas  member,  the Seimas had to adopt one of
these  decisions:  either to give its consent to bring the Seimas
member   to  criminal  responsibility  or  to  begin  preliminary
actions   for  impeachment  proceedings.  Such  legal  regulation
pre-supposed   the   fact   that   the  Seimas  could  not  begin
preparatory   actions   for  impeachment  proceedings  until  the
question  of  his  criminal liability was decided, i.e. after the
court  has  adopted  a  judgement  of  acquittal, or an effective
judgement  of  conviction  or  when has dismissed the case. On 19
August  1997,  the  Seimas  adopted Resolution "On the Consent to
Bring  the  Member  of the Seimas Audrius Butkevičius to Criminal
Responsibility".  Thus,  having adopted the resolution permitting
to  bring  the  Seimas  member  to  criminal  responsibility, the
Seimas  could  not  begin  preparatory  actions  for  impeachment
proceedings  until  the  question  of  his criminal liability was
decided  by  law institutions-investigatory bodies and the court.
Therefore  the  6 October 1998 Seimas Resolution "On the Proposal
of  a  Group  of  Seimas  Members  of  28  September 1998 'On the
Initiation  of  Impeachment Proceedings Against the Member of the
Seimas  Audrius  Butkevičius'"  was  in  compliance  with then in
effect  Part  1  of Article 24, Article 238 and Part 3 of Article
239 of the Statute of the Seimas.
     Under  Article  74  of  the  Constitution, the procedure for
impeachment  proceedings  shall  be established by the Statute of
the  Seimas.  The  6  October  1998  Seimas  Resolution  "On  the
Proposal  of  a  Group of Seimas Members of 28 September 1998 'On
the  Initiation  of Impeachment Proceedings Against the Member of
the  Seimas  Audrius  Butkevičius'"  was  in  compliance with the
Statute  of  the  Seimas  which  was  then  in  effect.  When the
aforesaid  circumstances  are  taken into consideration, there is
not  any  ground  to  assert  that  the  said  Seimas  resolution
conflicts with Article 74 of the Constitution.
     7.  It  is maintained in the petition of Seimas members that
the  6  October 1998 Seimas decision to reject a draft resolution
of  the  Seimas  "On  Forming a Special Investigatory Commission"
and  the  6  October 1998 Seimas Resolution "On the Proposal of a
Group  of  Seimas Members of 28 September 1998 'On the Initiation
of  Impeachment  Proceedings  Against  the  Member  of the Seimas
Audrius  Butkevičius'"  are  in  conflict  with Article 76 of the
Constitution.
     Article   76   of   the   Constitution  provides  that  "the
structure  and  procedure  of  activities  of the Seimas shall be
determined  by  the  Statute  of  the  Seimas. The Statute of the
Seimas shall have the power of law".
     A   blanket  norm  is  set  down  in  this  article  of  the
Constitution   which   permits   the   Seimas  to  establish  its
structure,   procedure   of   its   activities,   procedures  for
presentation  of  draft  laws  and  other draft legal acts, their
deliberation  and  adoption,  the  competence of other structural
sub-units  of  the  Seimas  and  to  regulate the other issues of
functioning   of   the   Seimas.   Under   Article   76   of  the
Constitution,  this  must  be  established  in the Statute of the
Seimas which shall have the power of law.
     Taking   account   of  the  fact  that  Article  76  of  the
Constitution  does  not  provide for the procedure for initiation
of  impeachment,  one  is  to  conclude  that  the 6 October 1998
Seimas  decision  to  reject a draft resolution of the Seimas "On
Forming  a  Special  Investigatory  Commission" and the 6 October
1998  Seimas  Resolution  "On  the  Proposal of a Group of Seimas
Members  of  28  September 1998 'On the Initiation of Impeachment
Proceedings   Against   the   Member   of   the   Seimas  Audrius
Butkevičius'"   are   in   compliance  with  Article  76  of  the
Constitution.

     Conforming  to  Article  102  of  the  Constitution  of  the
Republic  of  Lithuania  and  Articles  53,  54, 55 and 56 of the
Republic  of  Lithuania  Law  on  the  Constitutional  Court, the
Constitutional Court has passed the following
                             ruling:                             

     To   recognise  that  the  6  October  1998  Seimas  of  the
Republic  of  Lithuania  decision to reject a draft resolution of
the  Seimas  "On  Forming a Special Investigatory Commission" and
the   6   October  1998  Seimas  of  the  Republic  of  Lithuania
Resolution  "On  the  Proposal of a Group of Seimas Members of 28
September  1998  'On  the  Initiation  of Impeachment Proceedings
Against  the  Member  of  the Seimas Audrius Butkevičius'" are in
compliance  with  Part  1 of Article 24, Article 238, Parts 1 and
3  of  Article 239 and Articles 241 and 243 of the Statute of the
Seimas  of  the Republic of Lithuania which were in effect at the
time  of  the  adoption  of  the said decision and resolution, as
well  as  in  conformity with 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.