Lietuviškai
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF
LITHUANIA
RULING
ON THE COMPLIANCE OF RESOLUTION OF THE GOVERNMENT OF THE
REPUBLIC OF LITHUANIA NO. 649 "ON THE STATUS OF LAND USED BY
THE LITHUANIAN ACADEMY OF AGRICULTURE AND THE APPROVAL OF THE
ZONING SCHEME OF ITS USE" OF 25 AUGUST 1993, RESOLUTION OF THE
GOVERNMENT OF THE REPUBLIC OF LITHUANIA NO. 294 "ON THE PARTIAL
AMENDMENT OF RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF
LITHUANIA NO. 649 OF 25 AUGUST 1993" OF 19 APRIL 1994,
RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA NO.
350 "ON THE SUPPLEMENTATION OF RESOLUTION OF THE GOVERNMENT OF
THE REPUBLIC OF LITHUANIA NO. 649 'ON THE STATUS OF LAND USED
BY THE LITHUANIAN ACADEMY OF AGRICULTURE AND THE APPROVAL OF
THE ZONING SCHEME OF ITS USE' OF 25 AUGUST 1993" OF 9 MARCH
1995 WITH THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA, ITEM 5
OF ARTICLE 12 OF THE REPUBLIC OF LITHUANIA LAW "ON THE
PROCEDURE AND CONDITIONS OF THE RESTORATION OF THE RIGHTS OF
OWNERSHIP OF CITIZENS TO THE EXISTING REAL PROPERTY" (WORDING
OF 15 JULY 1993), ITEM 8 OF ARTICLE 12 OF THE REPUBLIC OF
LITHUANIA LAW ON THE RESTORATION OF THE RIGHTS OF OWNERSHIP OF
CITIZENS TO THE EXISTING REAL PROPERTY (WORDING OF 13 MAY 1999)
AND ITEM 4 OF ARTICLE 13 OF THE REPUBLIC OF LITHUANIA LAW ON
LAND REFORM (WORDING OF 15 JULY 1993)
10 May 2002
Vilnius
The Constitutional Court of the Republic of Lithuania,
composed of the Justices of the Constitutional Court Armanas
Abramavičius, Egidijus Jarašiūnas, Egidijus Kūris, Kęstutis
Lapinskas, Zenonas Namavičius, Augustinas Normantas, Jonas
Prapiestis, Vytautas Sinkevičius, and Stasys Stačiokas,
with the secretary of the hearing-Daiva Pitrėnaitė,
in the presence of:
the representatives of the party concerned, the Government
of the Republic of Lithuania, who were Irena Bujavičienė,
Deputy Head of the Land Reform Division of the National Land
Service under the Ministry of Agriculture, and Dainora
Remeikytė, Head of the Law and Staff Division of the National
Land Service under the Ministry of Agriculture,
pursuant to Articles 102 and 105 of the Constitution of
the Republic of Lithuania and Article 1 of the Republic of
Lithuania Law on the Constitutional Court, on 25 April 2002 in
its public hearing heard Case No. 15/2000 which originated in a
petition of the petitioner, the Panevėžys Regional Court,
requesting to determine whether Resolution of the Government of
the Republic of Lithuania No. 649 "On the Status of Land Used
by the Lithuanian Academy of Agriculture and the Approval of
the Zoning Scheme of Its Use" of 25 August 1993, Resolution of
the Government of the Republic of Lithuania No. 294 "On the
Partial Amendment of Resolution of the Government of the
Republic of Lithuania No. 649 of 25 August 1993" of 19 April
1994, and Resolution of the Government of the Republic of
Lithuania No. 350 "On the Supplementation of Resolution of the
Government of the Republic of Lithuania No. 649 'On the Status
of Land Used by the Lithuanian Academy of Agriculture and the
Approval of the Zoning Scheme of Its Use' of 25 August 1993" of
9 March 1995 were in compliance with Article 23 of the
Constitution of the Republic of Lithuania, Item 8 of Article 12
of the Republic of Lithuania Law on the Restoration of the
Rights of Ownership of Citizens to the Existing Real Property
(wording of 13 May 1999) and Item 4 of Article 13 of the
Republic of Lithuania Law on Land Reform (wording of 15 July
1993).
The Constitutional Court
has established:
I
The petitioner, the Panevėžys Regional Court, was
investigating a civil case under appeal procedure. The said
court suspended the investigation of the case by its order and
addressed the Constitutional Court with a petition requesting
to determine whether Government Resolution No. 649 "On the
Status of Land Used by the Lithuanian Academy of Agriculture
and the Approval of the Zoning Scheme of Its Use" of 25 August
1993 (Official Gazette Valstybės žinios, 1993, No. 42-867;
hereinafter also referred to as Government Resolution No. 649
of 25 August 1993), Government Resolution No. 294 "On the
Partial Amendment of Resolution of the Government of the
Republic of Lithuania No. 649 of 25 August 1993" of 19 April
1994 (Official Gazette Valstybės žinios, 1994, No. 30-551;
hereinafter also referred to as Government Resolution No. 294
of 19 April 1994), and Government Resolution No. 350 "On the
Supplementation of Resolution of the Government of the Republic
of Lithuania No. 649 'On the Status of Land Used by the
Lithuanian Academy of Agriculture and the Approval of the
Zoning Scheme of Its Use' of 25 August 1993" of 9 March 1995
(Official Gazette Valstybės žinios, 1995, No. 23-542;
hereinafter also referred to as Government Resolution No. 350
of 9 March 1995) were in compliance with Article 23 of the
Constitution, Item 8 of Article 12 of the Law on the
Restoration of the Rights of Ownership of Citizens to the
Existing Real Property (wording of 13 May 1999) and Item 4 of
Article 13 of the Law on Land Reform.
II
The request of the petitioner is based on the following
arguments.
The petitioner points out that in the 18 June 1991 Law "On
the Procedure and Conditions of the Restoration of the Rights
of Ownership of Citizens to the Existing Real Property" the
priority was established for the former owners to return their
land in kind, and only in the absence of such a possibility the
right was established to choose the way of restoration of
ownership under the procedure and conditions provided for in
the law. Article 12 of the said law established the conditions
when the land was not to be returned in kind but was to be
bought out by the state. One of such conditions was a provision
that this land is allotted to scientific or educational
establishments for carrying out experiments and other
scientific needs.
Before the adoption of the said law, the Lithuanian
Academy of Agriculture (hereinafter also referred to as the
LAA) had been allotted some land for its educational-production
base. Certain citizens have filed applications to restore their
rights of ownership to land by returning in kind a portion of
the land allotted to the LAA. The rights of ownership have not
been restored and the land is not being returned to the former
owners in kind. The land plots, to which they request the
restoration of the rights of ownership, have been allotted to
other individuals for building private houses by Order No.
56-kb of the Rector of the LAA, dated 12 March 1992, and the
Decision "On the Allotment of Land Plots for Building
Dwelling-houses" of the Noreikiškės Country-side District
Council of the Kaunas District, dated 13 March 1992, while
later it was permitted to privatise these land plots by
Government Resolution No. 350 of 9 March 1995.
The petitioner points out that by its Resolution No. 649
of 25 August 1993, the Government granted the status of land
subject to being bought out by the state for the land plot of
862.4 ha used by the LAA, i.e. not only for the land designated
for the scientific and educational needs of the LAA but also
the portion of the land in which plots have been allotted for
building private dwelling-houses. The said resolution of the
Government was adopted on the basis of Item 5 of Article 12 of
the Law "On the Procedure and Conditions of the Restoration of
the Rights of Ownership of Citizens to the Existing Real
Property" (wording of 15 July 1993). In the opinion of the
petitioner, the Government, while granting the status of land
subject to being bought out by the state as regards the land
plots allotted for employees of the educational establishments
for building private houses, interpreted the meaning "for
scientific and educational needs" in a wrong way.
The provision entrenched in Item 5 of Article 12 of the
Law "On the Procedure and Conditions of the Restoration of the
Rights of Ownership of Citizens to the Existing Real Property"
(wording of 15 July 1993) remained in Item 8 of Article 12 of
the 1 July 1997 Law on the Restoration of the Rights of
Ownership of Citizens to the Existing Real Property and in the
same item of the same article of the said law of the 13 May
1999 wording. A governmental resolution is an act of
application of the norms of a law. It follows from Item 8 of
Article 12 of the Law on the Restoration of the Rights of
Ownership of Citizens to the Existing Real Property (wording of
13 May 1999) that the Government merely establishes the size of
the land plots designated for scientific needs as well as the
list of their users but it does not decide the status of the
land plots.
In the opinion of the petitioner, it was permitted to
allot land to the LAA for educational and scientific needs
only, and it is only this land that the state was permitted to
buy out. The petitioner doubts whether Government Resolution
No. 649 of 25 August 1993, which granted the status of land
subject to being bought out by the state for the land used by
the LAA and approved the zoning scheme of the use of this land,
also whether Government Resolution No. 294 of 19 April 1994
whereby a portion of the land plots allotted to the LAA were
left in the State Land Fund due to which the area of the land
used by the LAA was specified, and whether Government
Resolution No. 350 of 9 March 1995 which permitted the
privatisation of the land plots allotted for building private
dwelling-houses, were in compliance with Item 8 of Article 12
of the Law on the Restoration of the Rights of Ownership of
Citizens to the Existing Real Property (wording of 13 May
1999), Item 4 of Article 13 of the Law on Land Reform and
Article 23 of the Constitution.
III
In the course of the preparation of the case for the
Constitutional Court hearing, written explanations were
received from the representatives of the party concerned, the
Government, D. Remeikytė and E. Mušinskis.
1. In her explanation D. Remeikytė pointed out that by
Government Order No. 290p "On Granting of Land Plots and Forest
Felling" the LAA was allotted 684.7 ha of land for the
establishment of its educational-production base. The LAA uses
the state property, which was granted to it, under procedure
established by laws.
The representative of the party concerned also pointed out
that by its Resolution No. 540 "On the Approval of the List of
the Agricultural Enterprises and Organisations Not Subject to
Privatisation" of 9 December 1991 the Government approved a
list of the agricultural enterprises and organisations not
subject to privatisation under which the LAA was granted the
status of an establishment not subject to privatisation, by
assigning to it 1000 ha of farming lands not subject to
privatisation. Government Resolution No. 134 "On the Partial
Amendment of Resolution of the Government of the Republic of
Lithuania No. 540 of 9 December 1991 and Resolution No. 59 of
28 January 1992" diminished the area of the farming lands
granted to the LAA to 727 ha. On the grounds of Kaunas District
Board Order No. 84 "On the Land Plots not Subject to
Privatisation in Rural Settlements of the District", it was
provided to expand the LAA settlement in this part of the land.
According to the representative of the party concerned,
the Noreikiškės Country-side District Council of the Kaunas
District, pursuant to Government Resolution No. 278 "On Private
Building" of 12 July 1991 and upon the coordination with the
LAA, by its decision of 13 March 1992 allotted the land plots
to employees of the LAA for building private dwelling-houses.
The representative of the party concerned maintains that
under Item 5 of Article 12 of the Law "On the Procedure and
Conditions of the Restoration of the Rights of Ownership of
Citizens to the Existing Real Property" (wording of 15 July
1993), the land was to be bought out from the former owners if
it was allotted in the established manner to scientific and
educational establishments for their use or assigned by the
Government for carrying out experiments and other scientific or
educational needs in the agricultural or forestry land. Thus,
under the aforesaid provision of the above-mentioned law, all
the land allotted to a scientific and educational establishment
was to be bought out by the state.
Alongside, the provision of Item 4 of Article 13 of the
Law of Land Reform provided that the land which, according to
the procedure established by the Government, is allotted or is
planned to be allotted to establishments of science and
learning for conducting experiments and for other scientific
and educational needs shall not be liable to be sold to
citizens for private ownership.
According to the representative of the party concerned,
under the zoning scheme of the LAA territory approved by
Government Resolution No. 649 of 25 August 1993, it was
established that the land granted for experiments and
scientific as well as educational needs shall comprise the area
of 629.2 ha, thus this land was not to be privatised, while the
remaining territory (14.7 ha designated for production centres
and 166.6 ha designated for the Academic Town) was ascribed to
the land subject to being bought out, i.e. it was permitted to
privatise this portion of land, therefore by Government
Resolution No. 350 of 9 March 1995 it was permitted to
privatise the land plots granted for private building.
2. In his written explanation the representative of the
party concerned E. Mušinskis maintains that both the Law on
Land Reform (Item 4 of Article 13) and the Law on the
Restoration of the Rights of Ownership of Citizens to the
Existing Real Property (Item 8 of Article 12) provide for the
competence of the Government to allot plots of land for the
needs of schools of higher learning and to ensure their normal
functioning. Article 12 of Law on the Restoration of the Rights
of Ownership of Citizens to the Existing Real Property provides
that the land which is allotted to scientific and educational
establishments by the Government shall be bought out by the
state. In the opinion of E. Mušinskis, by allotting land to
scientific and educational establishments by its Resolution No.
649 of 25 August 1993, the Government indirectly established
their status of being subject to buying out by the state. No
legal act has established as to what "scientific and
educational needs" mean. According to the representative of the
party concerned, the term "scientific and educational needs"
may not be construed in a narrowing manner, i.e. to link it
only to the buildings and laboratories of the school of higher
learning in which lectures and periods take place. The ensuring
of the social needs of the employees of the school of higher
learning also exerts direct influence on the functioning and
quality of the process of science and education. Therefore the
allotment of the land for the newly designed production and
other buildings as well as dwelling-houses in attempt to
guarantee normal conditions of the activity of the school of
higher learning and exclusively the social needs and certain
guarantees of the LAA employees must be assessed as
safeguarding the scientific and educational needs of the school
of higher learning. The disputed governmental resolutions
merely provide for an opportunity for natural persons to
acquire the land plots for ownership which are in the territory
of the educational-production base of the LAA which were
lawfully allotted to the same persons for building
dwelling-houses prior to 15 March 1992.
3. In the opinion of the representatives of the party
concerned, the disputed governmental resolutions are in
compliance with Item 5 of Article 12 of the Law "On the
Procedure and Conditions of the Restoration of the Rights of
Ownership of Citizens to the Existing Real Property" (wording
of 15 July 1993), Item 8 of Article 12 of the Republic of
Lithuania Law on the Restoration of the Rights of Ownership of
Citizens to the Existing Real Property (wording of 13 May
1999), Item 4 of Article 13 of the Republic of Lithuania Law on
Land Reform and Article 23 of the Constitution.
IV
In the course of the preparation of the case for the
Constitutional Court hearing, written explanations were
received from A. Kadūnas, Deputy Director of the Department of
Organisation of Land Exploitation and Law under the Ministry of
Agriculture and A. Žalys, Director of the Department for
Science and Studies under the Ministry of Education and
Science.
V
At the Constitutional Court hearing the representative of
the party concerned, the Government, D. Remeikytė virtually
reiterated the arguments set down in her written explanations.
The representative of the party concerned, the Government, I.
Bujavičienė assented to the arguments presented by D.
Remeikytė.
The specialist P. Aleknavičius, an advisor to the Minister
of Agriculture of the Republic of Lithuania, spoke at the
Constitutional Court hearing.
The Constitutional Court
holds that:
I
1. On 25 August 1993, the Government adopted Resolution
No. 649 "On the Status of Land Used by the Lithuanian Academy
of Agriculture and the Approval of the Zoning Scheme of Its
Use", on 19 April 1994 it adopted Resolution No. 294 "On the
Partial Amendment of Resolution of the Government of the
Republic of Lithuania No. 649 of 25 August 1993", while on 9
March 1995 it adopted Resolution No. 350 "On the
Supplementation of Resolution of the Government of the Republic
of Lithuania No. 649 'On the Status of Land Used by the
Lithuanian Academy of Agriculture and the Approval of the
Zoning Scheme of Its Use' of 25 August 1993".
The petitioner requests the Constitutional Court to
determine whether the aforementioned resolutions of the
Government are in compliance with Item 8 of Article 12 of the
Law on the Restoration of the Rights of Ownership of Citizens
to the Existing Real Property (wording of 13 May 1999), Item 4
of Article 13 of the Law on Land Reform and Article 23 of the
Constitution.
2. By its Resolution No. 266 "On the Partial Amendment of
Resolution of the Republic of Lithuania No. 1026 'On the Users
of the Land 'On the Users of the Land Allotted to Scientific
and Educational Establishments and Transferred to Sate
Specialised Seed Growing and Pure Strain Stock-breeding Farms,
as well as Specialised Pure Strain Stock-breeding Companies and
on the Determination of the Size of the Land Plots Used by the
Said Users' of 13 August 1998" of 8 March 2001, the Government
acknowledged Item 1 of its Resolution No. 294 "On the Partial
Amendment of Resolution of the Government of the Republic of
Lithuania No. 649 of 25 August 1993" of 19 April 1994 and
Resolution No. 350 "On the Supplementation of Resolution of the
Government of the Republic of Lithuania No. 649 'On the Status
of Land Used by the Lithuanian Academy of Agriculture and the
Approval of the Zoning Scheme of Its Use' of 25 August 1993" of
9 March 1995 as null and void.
Under Paragraph 4 of Article 69 of the Law on the
Constitutional Court, the annulment of a disputable legal act
shall be grounds to adopt a decision to dismiss the initiated
legal proceedings. The wording "shall be grounds <...> to
dismiss the initiated legal proceedings" is to be construed as
establishing the right of the Constitutional Court to dismiss
the initiated legal proceedings while taking account of the
circumstances of the case under investigation, but not as
establishing that in every case when the disputed legal act is
annulled the initiated legal proceedings are to be dismissed
(Constitutional Court rulings of 5 April 2000 and 4 March
2002).
It needs to be noted that after the petitioner, the
Panevėžys Regional Court, had applied with the petition
requesting the Constitutional Court to determine whether the
disputed governmental resolutions were in compliance with the
Constitution and the laws, in case the Constitutional Court did
not decide this question in essence, the doubts of the
Panevėžys Regional Court whether the disputed governmental
resolutions were in conformity with the Constitution and the
laws would not be removed. If these doubts were not removed,
one might violate the constitutional rights and freedoms of the
individuals, while applying the said acts in the course of the
investigation of the case.
3. Government Resolution No. 649 of 25 August 1993
approved the zoning scheme of the use of the land allotted to
the LAA (Item 2, Annex 2) and the status of land subject to
being bought out by the state for the portion of the land of
862.4 ha used by the LAA, which was designated in the
above-mentioned zoning scheme for the newly designed production
and other buildings as well as dwelling-houses of the Academic
Town (Item 1). By Government Resolution No. 294 of 19 April
1994, the zoning scheme of the land allotted to the LAA was
specified (Item 1.3, Annex 2), while the status of land subject
to being bought out by the state was left for the portion of
the land of 813.77 ha used by the LAA designated in the said
zoning scheme for the designed new production and other
buildings as well as dwelling-houses of the Academic Town.
Government Resolution No. 350 of 9 March 1995 permitted natural
persons to acquire the land plots for private ownership which
were in the territory of the educational-production base
allotted to the LAA, and which had been allotted to the said
persons by the Noreikiškės Country-side District Council of the
Kaunas District prior to 15 March 1992 to build
dwelling-houses.
In the opinion of the petitioner, it was permitted to
allot land for the LAA for educational and scientific needs
only and it was such land that might be subject to buying out
by the state. Therefore, when it was investigating the civil
case, the petitioner, the Panevėžys Regional Court, had doubts
whether the said governmental resolutions were in compliance
with Item 8 of Article 12 of the Law on the Restoration of the
Rights of Ownership of Citizens to the Existing Real Property
(wording of 13 May 1999), Item 4 of Article 13 of the Law on
Land Reform and Article 23 of the Constitution.
4. The petitioner requests the Constitutional Court to
determine whether Government Resolution No. 649 of 25 August
1993 and Government Resolution No. 294 of 19 April 1994 are in
conformity with Item 8 of Article 12 of the Law on the
Restoration of the Rights of Ownership of Citizens to the
Existing Real Property (wording of 13 May 1999), Item 4 of
Article 13 of the Law on Land Reform and Article 23 of the
Constitution, however, from the motives presented in the
petition it is clear that the petitioner does not doubt as to
the compliance of all provisions of both Government resolutions
with the aforementioned laws and the Constitution but only
whether the following is in compliance with Item 8 of Article
12 of the Law on the Restoration of the Rights of Ownership of
Citizens to the Existing Real Property (wording of 13 May
1999), Item 4 of Article 13 of the Law on Land Reform and
Article 23 of the Constitution:
1) Government Resolution No. 649 "On the Status of Land
Used by the Lithuanian Academy of Agriculture and the Approval
of the Zoning Scheme of Its Use" of 25 August 1993 to the
extent that the status of land subject to being bought out by
the state is granted to the portion of the land of 862.4 ha
used by the LAA, which was designated in the zoning scheme of
the use of land allotted to the LAA for the newly designed
dwelling-houses of the Academic Town insofar as the said area
of land covers the land plots meant for building private
dwelling-houses;
2) Government Resolution No. 294 "On the Partial Amendment
of Resolution of the Government of the Republic of Lithuania
No. 649 of 25 August 1993" of 19 April 1994 to the extent that
the status of land subject to being bought out by the state is
left for the portion of the land of 813.77 ha used by the LAA,
which was designated in the zoning scheme of the use of land
allotted to the LAA for the newly designed dwelling-houses of
the Academic Town insofar as the said area of land covers the
land plots meant for building private dwelling-houses.
5. The petitioner requests the Constitutional Court to
determine whether the disputed governmental resolutions are in
compliance with Item 8 of Article 12 of the Law on the
Restoration of the Rights of Ownership of Citizens to the
Existing Real Property (wording of 13 May 1999).
It needs to be noted that at the time of the adoption of
the disputed governmental resolutions Item 5 of Article 12 of
the Law "On the Procedure and Conditions of the Restoration of
the Rights of Ownership of Citizens to the Existing Real
Property" (wording of 15 July 1993) was in force, wherein it
was established that land required for state needs as well as
other land shall be bought out (in the manner specified by this
law) if it is allotted in the established manner to scientific
and educational establishments for their use or assigned by the
Government for carrying out experiments and other scientific or
educational needs in the agricultural or forestry land.
On 1 July 1997, the Seimas adopted a new Law on the
Restoration of the Rights of Ownership of Citizens to the
Existing Real Property which regulated virtually the same
relations. The earlier in force Law "On the Procedure and
Conditions of the Restoration of the Rights of Ownership of
Citizens to the Existing Real Property" became null and void as
of 9 July 1997.
Item 9 of Article 12 of the Law on the Restoration of the
Rights of Ownership of Citizens to the Existing Real Property
(wording of 1 July 1997) established that the land shall be
bought out by the state and it shall be compensated (pursuant
to this law) if it is allotted to use by scientific and
educational establishments, state establishments of social
guardianship and care, state establishments and organisations,
transferred to state specialised seed-growing and
stock-breeding farms. The list of users of this land and the
size of the plots of land utilised by them shall be established
by the Government.
On 13 May 1999, the Seimas adopted the Republic of
Lithuania Law on the Amendment and Supplement of Articles 2, 4,
,5, 10, 12, 13, 15, 16, 18, 20, 21 of the Law on the
Restoration of the Rights of Ownership of Citizens to the
Existing Real Property. It was decided by Article 5 of the said
law that Item 9 of Article 12 of the Law on the Restoration of
the Rights of Ownership of Citizens to the Existing Real
Property is to be considered Item 8 thereof. In addition, the
same item was amended. Under Item 8 of Article 12 of the Law on
the Restoration of the Rights of Ownership of Citizens to the
Existing Real Property (wording of 13 May 1999), the land shall
be bought out by the state and it shall be compensated
(pursuant to this law) if it is allotted to use by scientific
and educational establishments, state establishments of social
guardianship and care, transferred to state specialised
seed-growing and stock-breeding farms as well as specialised
stock-breeding companies. The list of users of this land and
the size of the plots of land utilised by them shall be
established by the Government.
If one compares the legal regulation established in Item 5
of Article 12 of the Law "On the Procedure and Conditions of
the Restoration of the Rights of Ownership of Citizens to the
Existing Real Property" (wording of 15 July 1993) with that
established in Item 8 of Article 12 of the Law on the
Restoration of the Rights of Ownership of Citizens to the
Existing Real Property (wording of 13 May 1999), it becomes
clear that the provision that the land allotted to scientific
and educational establishments shall be bought out by the sate
is consolidated in both aforementioned laws.
6. The petitioner requests the Constitutional Court to
determine whether the disputed governmental resolutions are in
compliance with Item 4 of Article 13 of the Law on Land Reform.
The petition does not point out with what wording of Item 4 of
Article 13 of the Law on Land Reform the conformity of the
disputed governmental resolutions is being disputed.
The Law on Land Reform was passed on 25 July 1991. It
needs to be noted that at the time of the adoption of the
disputed governmental resolutions the 15 July 1993 wording of
the Law on Land Reform was in force. Item 4 of Article 13 of
the same law provided that "land which, according to the
procedure established by the Government of the Republic of
Lithuania, is allotted or is planned to be allotted to
establishments of science and learning for conducting
experiments and for other scientific and educational needs"
shall not be liable to be sold to citizens for private
ownership.
On 2 July 1997, by the Republic of Lithuania Law on the
Amendment of the Law on Land Reform the Seimas amended the Law
on Land Reform and set it forth in a new wording. Under Item 3
of Article 13 of the Law on Land Reform, land shall not be
subject to privatisation if "it is allotted to use by
scientific and educational establishments, state establishments
of social guardianship and care, state establishments and
organisations, transferred to state specialised seed-growing
and stock-breeding farms".
On 27 June 2000, by Article 6 of the Republic of Lithuania
Law on the Amendment and Supplement of Articles 5, 7, 8, 9, 10,
13, 14, 15, 16, 17, 18, 19, 21, 22 of the Law on Land Reform
supplemented Item 3 of Article 13 of the Law on Land Reform.
Item 3 of Article 13 of the Law on Land Reform provides that
land shall not be subject to privatisation if "it is allotted
to use by scientific and educational establishments, state
establishments of social guardianship and care, transferred to
state specialised seed-growing and stock-breeding farms as well
as specialised stock-breeding companies".
If one compares the aforementioned wordings of the Law on
Land Reform, it becomes clear that all of them contain the
provision that land allotted to scientific and educational
establishments may not be transferred to citizens for private
ownership.
7. Subsequent to the petition of the petitioner, the
Constitutional Court will consider whether the following acts
were in compliance with Item 5 of Article 12 of the Law "On the
Procedure and Conditions of the Restoration of the Rights of
Ownership of Citizens to the Existing Real Property" (wording
of 15 July 1993), Item 8 of Article 12 of the Law on the
Restoration of the Rights of Ownership of Citizens to the
Existing Real Property (wording of 13 May 1999), Item 4 of
Article 13 of the Law on Land Reform (wording of 15 July 1993)
and Article 23 of the Constitution:
1) Government Resolution No. 649 "On the Status of Land
Used by the Lithuanian Academy of Agriculture and the Approval
of the Zoning Scheme of Its Use" of 25 August 1993 to the
extent that the status of land subject to being bought out by
the state was granted to the portion of the land of 862.4 ha
used by the LAA, which was designated in the zoning scheme of
the use of the land allotted to the LAA for the newly designed
dwelling-houses of the Academic Town;
2) Government Resolution No. 294 "On the Partial Amendment
of Resolution of the Government of the Republic of Lithuania
No. 649 of 25 August 1993" of 19 April 1994 to the extent that
the status of land subject to being bought out by the state was
left for the portion of the land of 813.77 ha used by the LAA,
which was designated in the zoning scheme of the use of land
allotted to the LAA for the newly designed dwelling-houses of
the Academic Town;
3) Government Resolution No. 350 "On the Supplementation
of Resolution of the Government of the Republic of Lithuania
No. 649 'On the Status of Land Used by the Lithuanian Academy
of Agriculture and the Approval of the Zoning Scheme of Its
Use' of 25 August 1993" of 9 March 1995.
II
1. In the 11 March 1990 Act "On the Re-establishment of
the State of Lithuania", the State of Lithuania emphasised its
adherence to the universally recognised legal principles and
guaranteed the human and citizens' rights.
In the course of restoration of historical and social
justice, the violated rights of private ownership are restored
as well. On 18 June 1991, the Supreme Council of the Republic
of Lithuania adopted the Law "On the Procedure and Conditions
of the Restoration of the Rights of Ownership of Citizens to
the Existing Real Property".
The legislature, upon establishment of the procedure and
conditions of the restoration of the rights of ownership,
emphasised the priority to return land in kind. However, in the
event when, due to the factual present land-tenure relations
and public needs, it is impossible to return the land in kind,
the former owner is guaranteed the right to choose the manner
of restoration of the right of ownership under the procedure
and conditions prescribed by the law (Constitutional Court
ruling of 27 May 1994).
It needs to be noted that in the course of the amendment
and supplementation of the said law, all its wordings retained
the provision that if it is impossible to return land to the
former owners in kind, the right of ownership shall be restored
in other manner provided for in the law.
The Constitutional Court has held that by establishing
conditions and procedure for restoration of the rights of
ownership to the existing real property (including land) by
laws, one is to take into consideration the constitutional
principles of the protection of the rights of ownership
(Constitutional Court ruling of 2 April 2001).
2. When the situations are being provided for in the law
that the existing real property (including land) is not to be
returned to the owners in kind, but the right of ownership is
to be restored by another manner established by the law, it is
permitted that the real property which is necessary for the
needs of society be not returned in kind. The needs of society
are either the interests of the whole society or part of
society, which the state is, while exercising its functions,
obligated to guarantee and satisfy. In the context of the case
at issue, it needs to be noted that the needs of society are
always concrete and clearly expressed needs for particular
property which would not be satisfied if the property were
returned in kind.
3. The land which is not returned to the owners in kind
due to its necessity for the needs of society is bought out by
the state, while the owners are compensated under the manner
and procedure specified in the law. When the law provides for
the manner and procedure of compensation for the owners for the
land bought out by the sate, it must pay heed to a balance
between the legitimate interests of the individual and society.
4. One of the situations established in laws when land is
not to be returned in kind to the former owners is when it has
been allotted to scientific and educational establishments. It
is clear that without real property (land, buildings etc.)
these establishments would not be able to perform their
functions which are important to society.
Thus the status of land subject to being bought out by the
state may be granted only to the land allotted to scientific
and educational establishments which is necessary for
performing their tasks and functions, i.e. which is necessary
for the needs of society but not of individual persons. The
scientific and educational establishments, state and local
government institutions as well as officials have a duty to
ensure that the land allotted to a scientific and educational
establishment be used for carrying out the tasks and functions
of the said establishment only, i.e. for satisfaction of the
needs of society.
III
While deciding whether the disputed Government resolutions
are in compliance with the aforementioned laws and the
Constitution, one must determine by what legal acts the land
was allotted to the LAA and by what legal acts the land was
allotted for building dwelling-houses in the territory
attributed to the LAA, and what is the legal status of land
allotted to the scientific and educational establishment.
1. By Government Order No. 290p the LAA was allotted 684.7
ha of land for the establishment of its educational-production
base.
2. On 18 June 1991 the Law "On the Procedure and
Conditions of the Restoration of the Rights of Ownership of
Citizens to the Existing Real Property" was enacted. Item 5 of
Article 12 thereof specified that the land shall be bought out
if it is allotted in the established manner to scientific or
educational establishments for carrying out experiments or for
other scientific needs.
3. On 25 July 1991 the Law on Land Reform was enacted.
Item 4 of Article 13 thereof specified that the land which,
according to the established procedure, is allotted or is
planned to be allotted to establishments of science and
learning for conducting experiments and for other scientific
and educational needs shall not be liable to be sold to
citizens for private ownership.
4. Government Resolution No. 540 "On the Approval of the
List of the Agricultural Enterprises and Organisations Not
Subject to Privatisation" of 9 December 1991 the Government
approved 1000 ha of farming lands for the LAA not subject to
privatisation.
5. Item 10.6.1 of Government Resolution No. 89 "On the
Procedure of Sale and Rent of Non-agricultural Land Plots and
of Garden Land Plots Belonging to Members of Gardeners'
Societies" of 7 February 1992 specified that as of the day of
the adoption of the said resolution the allotment of land plots
under non-competitive tenders in the territories of towns of
the Republic of Lithuania was to be stopped, while as of 15
March 1992 it was to be stopped in other territories in
connection with persons who, under the same resolution, did not
have the right to acquire land plots under non-competitive
tenders.
6. Government Resolution No. 134 "On the Partial Amendment
of Resolution of the Government of the Republic of Lithuania
No. 540 of 9 December 1991 and Resolution No. 59 of 28 January
1992" approved the farming land area of 727 ha not subject to
privatisation, which belonged to LAA.
7. Kaunas District Board Order No. 84 "On the Land Plots
not Subject to Privatisation in Rural Settlements of the
District" approved the land area of 96.1 ha in the settlement
of the LAA not subject to privatisation.
8. By Order No. 56-kb of the Rector of the LAA, dated 12
March 1992, 185 individuals were allotted land plots to build
private houses in the LAA settlement, the Noreikiškės
country-side district.
9. On 13 March 1992 the Noreikiškės Country-side District
Council of the Kaunas District adopted the Decision "On the
Allotment of Land Plots for Building Dwelling-houses" in which
it was indicated: "Conforming to Order No. 56-kb of the Rector
of the LAA, dated 12 February 1992, to allot the land plots to
build private houses to the following LAA employees <...>".
10. By the Supreme Council Resolution "On the Statute of
the Lithuanian Academy of Agriculture" of 2 July 1992 the
Statute of the Lithuanian Academy of Agriculture was approved.
Under Article 9 of the same statute, the property of the
Academy shall be comprised of products of intellectual work
(insofar as authors' rights are not violated), land, buildings,
movable property, finances, securities and other valuables not
prohibited by law. This property shall be used by the Academy
under procedure established by laws. The Academy shall use
gratis the property allotted to it by the State and shall
preserve and augment this property.
11. On 15 July 1993 the Seimas amended and supplemented
the Law "On the Procedure and Conditions of the Restoration of
the Rights of Ownership of Citizens to the Existing Real
Property". Item 5 of Article 12 thereof specified that the land
shall be bought out if it is allotted in the established manner
to scientific and educational establishments for their use or
assigned by the Government for carrying out experiments and
other scientific or educational needs in the agricultural or
forestry land.
Item 13 of Article 12 of the said law specified that the
land shall be bought out for the needs of the state if this
land is in a rural area, and if it is planned to be used for
construction of residential houses, common use of residents or
other public needs in accordance with the
settlement-development projects.
By the Constitutional Court ruling of 27 May 1994 the said
item was recognised to be in conflict with Article 23 of the
Constitution. While recognising the said item unconstitutional,
the Constitutional Court held:
"<...> preliminary purchase of land for the future
construction of residential houses in accordance with
settlement-development projects, for common use of residents or
for other public needs, may not be based on public interest.
Buying out of land in rural settlements according to the
development projects provide for the possibility to privatize
it later, i.e. other persons will be allowed to acquire it.
This would mean, however, the violation of the right of former
owners to restore land."
12. On 15 July 1993 the Seimas amended and supplemented
the Law on Land Reform Item 4 of Article 13 whereof provided
that that the land which, according to the established
procedure, is allotted or is planned to be allotted to
establishments of science and learning for conducting
experiments and for other scientific and educational needs
shall not be liable to be sold to citizens for private
ownership.
13. On 25 August 1993 the Government adopted Resolution
No. 649 "On the Status of Land Used by the Lithuanian Academy
of Agriculture and the Approval of the Zoning Scheme of Its
Use". It was provided therein that, while implementing the
Supreme Council Resolution "On the Statute of the Lithuanian
Academy of Agriculture" of 2 July 1992 and attempting to create
better conditions for the said academy to solve scientific,
educational and social issues, the Government resolved: by
partially amending the list of agricultural enterprises and
organisations not subject to privatisation approved by
Government Resolution No. 134 of 27 February 1992, in the
Chapter "The Agricultural Scientific Institutes and Other
Scientific Establishments not Subject to Privatisation" instead
of the paragraph "The Lithuanian Academy of Agriculture 727" to
enter the paragraph "The Lithuanian Academy of Agriculture 644"
(Item 5); to grant the status of land subject to being bought
out by the sate for the land area of 862.4 ha used by the LAA
(Annex 1); to approve the zoning scheme of the use of the LAA
land which provides for 69 ha of the total land area for the
newly designed production and other buildings as well as
dwelling-houses in plots Nos. 18-20, while 66 ha from the said
plot are designated for farming land (Annex 2).
14. On 19 April 1994 the Government adopted Resolution No.
294 "On the Partial Amendment of Resolution of the Government
of the Republic of Lithuania No. 649 of 25 August 1993" whereby
Annex 1 to Government Resolution No. 649 of 25 August 1993 was
set forth in a new wording providing that the total land area
of 813.77 ha is designated as the land to be used by the LAA,
while Annex 2 to the same governmental resolution is set forth
in a new wording providing that 67.96 ha of the total land area
are to be allotted to the newly designed production and other
buildings as well as dwelling-houses designated for the
Academic Town in plots Nos. 18-20.
15. On 9 March 1995 the Government adopted Resolution No.
350 "On the Supplementation of Resolution of the Government of
the Republic of Lithuania No. 649 'On the Status of Land Used
by the Lithuanian Academy of Agriculture and the Approval of
the Zoning Scheme of Its Use' of 25 August 1993" whereby
Government Resolution No. 649 of 25 August 1993 was
supplemented with Item 6 which stipulated: "To permit the
natural persons to acquire for private ownership the land plots
which are in the territory allotted to the
educational-production base of the Lithuanian Academy of
Agriculture and which were allotted to the said persons for
building dwelling-houses by the Noreikiškės Country-side
District Council of the Kaunas District prior to 15 March
1992."
16. By its 17 October 2000 Resolution "On the Approval of
the Statute of the Lithuanian University of Agriculture", the
Seimas approved a new statute of the Lithuanian University of
Agriculture and the list of buildings and lands plots
transferred to the university (Annex 2). Under the list of
buildings and lands plots transferred to the university set
down in Annex 2, the land area of 735 ha is allotted to the
educational-production base and social needs of the university.
Only the Government is permitted to change the limits of the
territory of the university or ownership of its buildings by
way of their privatisation or in any other manner subsequent to
prior agreement of the Senate of the university. Should the
Senate disagree, it is only the Seimas that is permitted, while
taking account of the opinion of the Senate, to change the
limits of the territory of the university or ownership of its
buildings by way of their privatisation or in any other manner
(Items 71 and 72 of the Statute).
17. On 8 March 2001 the Government adopted Resolution No.
266 "On the Partial Amendment of Resolution of the Republic of
Lithuania No. 1026 'On the Users of the Land Allotted to
Scientific and Educational Establishments and Transferred to
Sate Specialised Seed Growing and Pure Strain Stock-breeding
Farms, as well as Specialised Pure Strain Stock-breeding
Companies and on the Determination of the Size of the Land
Plots Used by the Said Users' of 13 August 1998", which
acknowledged Government Resolution No. 649 "On the Status of
Land Used by the Lithuanian Academy of Agriculture and the
Approval of the Zoning Scheme of Its Use" of 25 August 1993,
Item 1 of Government Resolution No. 294 "On the Partial
Amendment of Resolution of the Government of the Republic of
Lithuania No. 649 of 25 August 1993" of 19 April 1994 and
Government Resolution No. 350 "On the Supplementation of
Resolution of the Government of the Republic of Lithuania No.
649 'On the Status of Land Used by the Lithuanian Academy of
Agriculture and the Approval of the Zoning Scheme of Its Use'
of 25 August 1993" of 9 March 1995 as null and void.
IV
On the compliance of Government Resolution No. 649 "On the
Status of Land Used by the Lithuanian Academy of Agriculture
and the Approval of the Zoning Scheme of Its Use" of 25 August
1993, Government Resolution No. 294 "On the Partial Amendment
of Resolution of the Government of the Republic of Lithuania
No. 649 of 25 August 1993" of 19 April 1994, and Government
Resolution No. 350 "On the Supplementation of Resolution of the
Government of the Republic of Lithuania No. 649 'On the Status
of Land Used by the Lithuanian Academy of Agriculture and the
Approval of the Zoning Scheme of Its Use' of 25 August 1993" of
9 March 1995 with Item 5 of Article 12 of the Law "On the
Procedure and Conditions of the Restoration of the Rights of
Ownership of Citizens to the Existing Real Property" (wording
of 15 July 1993) and Item 8 of Article 12 of the Law on the
Restoration of the Rights of Ownership of Citizens to the
Existing Real Property (wording of 13 May 1999).
1. It was provided in Item 5 of Article 12 of the Law "On
the Procedure and Conditions of the Restoration of the Rights
of Ownership of Citizens to the Existing Real Property"
(wording of 15 July 1993) that the land shall be bought out if
it is allotted in the established manner to scientific and
educational establishments.
The provision established in this law that the land
allotted to scientific and educational establishments shall be
bought out by the state means that this land is not subject to
be returned to the former owners and that in the land allotted
to scientific and educational establishments there may be no
land plots designated for non-public needs, e.g. construction
of private dwelling-houses, as it would mean that this land is
not necessary for the scientific and educational establishment.
The future of such land is decided under procedure established
in laws.
2. Government Resolution No. 649 of 25 August 1993
approved the zoning scheme of the use of the land allotted to
the LAA (Item 2, Annex 2) and granted the status of land
subject to being bought out by the state for the portion of the
land of 862.4 ha used by the LAA, which was designated in the
above-mentioned zoning scheme for the newly designed production
and other buildings as well as dwelling-houses of the Academic
Town (Item 1).
3. It is evident from the case material and it was
established during the judicial investigation that by Order No.
56-kb of the Rector of the LAA, dated 12 March 1992, and the
decision of 13 March 1992 of the Noreikiškės Country-side
District Council of the Kaunas District a land plot was
allotted for building private dwelling-houses, while Government
Resolution No. 649 of 25 August 1993 granted the said land the
status of land subject to being bought out by the state. It
needs to be noted that the fact that the land attributed to the
LAA also includes the land allotted for building private
dwelling-houses is also confirmed by Government Resolution No.
350 which permitted the natural persons to acquire the land
plots for ownership which were in the territory designated for
the educational-production base of the LAA and which had been
allotted to the said persons for building dwelling-houses by
the Noreikiškės Country-side District Council of the Kaunas
District prior to 15 March 1992. Such legal regulation
presupposes the fact that this land is not necessary for the
LAA to solve its tasks and to perform its functions, i.e. it is
not necessary for the needs of society.
4. In the course of the assessment whether disputed
Government Resolution No. 649 of 25 August 1993 to the extent
that the status of land subject to being bought out by the
state was granted to the portion of the land of 862.4 ha used
by the LAA, which was designated in the zoning scheme of the
use of the land allotted to the LAA for the newly designed
dwelling-houses of the Academic Town is in compliance with Item
5 of Article 12 of the Law "On the Procedure and Conditions of
the Restoration of the Rights of Ownership of Citizens to the
Existing Real Property" (wording of 15 July 1993) the fact
becomes of essential importance that the land allotted to the
LAA by the said governmental resolution also included the area
of land designated for building private dwelling-houses and
that the status of land subject to being bought out by the
state was granted on the basis that the said land had been
allotted to the scientific and educational establishment.
5. Government Resolution No. 294 of 19 April 1994 set
forth Annex 1 in a new wording which allotted the total land
area of 813.77 ha for the use of the LAA. Annex 2 of the same
resolution was also set forth in a new wording which provided
that the total land area of 67.96 ha was designated for the
newly designed dwelling-houses of the Academic Town in plots
Nos. 18-20.
The disputed governmental resolution did not change the
status of land used by the LAA, under which it was subject to
being bought out by the state, however, it diminished the total
area of land used by the LAA and it provided for the total area
of land to be used by the Academic Town. The same resolution
retained the area of land assigned for building private houses
in the land allotted to the LAA and the status of land subject
to being bought out by the state was retained for the same land
area.
6. It needs to be noted that the land which by disputed
Government Resolution No. 649 of 25 August 1993 and Government
Resolution No. 294 of 19 April 1994 was allotted for building
private dwelling-houses should not have been ascribed to the
land allotted to the LAA as the land for building private
dwelling-houses is designated to satisfy the needs of separate
individuals but not those of the LAA as a scientific and
educational establishment, i.e. not those of society. This land
should not have been granted the status of land subject to
being bought out by the state on the grounds that it had been
unreasonably ascribed to the territory allotted to the LAA as a
scientific and educational establishment.
7. By Government Resolution No. 350 of 9 March 1995 the
natural persons were permitted to acquire the land plots for
private ownership which were in the territory attributed to the
educational-production base of the LAA and which had been
allotted to the said persons by the Noreikiškės Country-side
District Council of the Kaunas District prior to 15 March 1992.
8. After Government Resolution No. 649 of 25 August 1993
and Government Resolution No. 294 of 19 April 1994 had
established that the land allotted to the LAA also included the
area designated for building private dwelling-houses, and after
it had been established that the status of land subject to
being bought out by the state was granted due to the fact that
this land was in the territory attributed to the scientific and
educational establishment, and after by Government Resolution
No. 350 of 9 March 1995 the natural persons had been permitted
to acquire the land plots for private ownership that were in
the territory attributed to the educational-production base of
the LAA, the right of the owners to restore their right of
ownership to the said land in kind was denied.
9. There are arguments in the case material that the land
in a rural area is bought out by the state if this land, under
Item 13 of Article 12 of the Law "On the Procedure and
Conditions of the Restoration of the Rights of Ownership of
Citizens to the Existing Real Property" (wording of 15 July
1993), is planned to be used for construction of residential
houses in accordance with the settlement-development projects,
thus it is not to be returned in kind in the course of the
restoration of the rights of ownership. While assessing these
arguments in the context of the case at issue, one must note
that the said item regulated the buying out of the land which
was in a rural area but not that attributed to a scientific and
educational establishment.
In addition, it needs to be noted that it has been
mentioned in this Ruling of the Constitutional Court that by
the Constitutional Court ruling of 27 May 1994 Item 13 of
Article 12 of the Law "On the Procedure and Conditions of the
Restoration of the Rights of Ownership of Citizens to the
Existing Real Property" (wording of 15 July 1993) was
recognised to be in conflict with Article 23 of the
Constitution as creating preconditions that the land subject to
returning might be acquired not by its owner but other persons.
10. It has been mentioned that Item 8 of Article 12 of the
Republic of Lithuania Law on the Restoration of the Rights of
Ownership of Citizens to the Existing Real Property (wording of
13 May 1999) contains a provision that the land shall be bought
out by the state and it shall be compensated (pursuant to this
law) if it is allotted to use by scientific and educational
establishments. This provision is virtually the same as the one
entrenched in Item 5 of Article 12 of the Law "On the Procedure
and Conditions of the Restoration of the Rights of Ownership of
Citizens to the Existing Real Property" (wording of 15 July
1993), i.e. the land allotted to scientific and educational
establishments is subject to being bought out by the state.
11. Taking account of the arguments set forth, one is to
conclude that
1) Government Resolution No. 649 "On the Status of Land
Used by the Lithuanian Academy of Agriculture and the Approval
of the Zoning Scheme of Its Use" of 25 August 1993 to the
extent that the status of land subject to being bought out by
the state was granted to the portion of the land of 862.4 ha
used by the LAA, which had been designated in the zoning scheme
of the use of the land allotted to the LAA for the newly
designed dwelling-houses of the Academic Town, insofar as this
land area covered the land plots meant for building private
dwelling-houses,
2) Government Resolution No. 294 "On the Partial Amendment
of Resolution of the Government of the Republic of Lithuania
No. 649 of 25 August 1993" of 19 April 1994 to the extent that
the status of land subject to being bought out by the state was
left for the portion of the land of 813.77 ha used by the LAA,
which had been designated in the zoning scheme of the use of
land allotted to the LAA for the newly designed dwelling-houses
of the Academic Town, insofar as the said area of land covered
the land plots meant for building private dwelling-houses,
3) Government Resolution No. 350 "On the Supplementation
of Resolution of the Government of the Republic of Lithuania
No. 649 'On the Status of Land Used by the Lithuanian Academy
of Agriculture and the Approval of the Zoning Scheme of Its
Use' of 25 August 1993" of 9 March 1995
were in conflict with Item 5 of Article 12 of the Law "On
the Procedure and Conditions of the Restoration of the Rights
of Ownership of Citizens to the Existing Real Property"
(wording of 15 July 1993) and Item 8 of Article 12 of the Law
on the Restoration of the Rights of Ownership of Citizens to
the Existing Real Property (wording of 13 May 1999).
V
On the compliance of Government Resolution No. 649 "On the
Status of Land Used by the Lithuanian Academy of Agriculture
and the Approval of the Zoning Scheme of Its Use" of 25 August
1993, Government Resolution No. 294 "On the Partial Amendment
of Resolution of the Government of the Republic of Lithuania
No. 649 of 25 August 1993" of 19 April 1994, and Government
Resolution No. 350 "On the Supplementation of Resolution of the
Government of the Republic of Lithuania No. 649 'On the Status
of Land Used by the Lithuanian Academy of Agriculture and the
Approval of the Zoning Scheme of Its Use' of 25 August 1993" of
9 March 1995 with Item 4 of Article 13 of the Law on Land
Reform (wording of 15 July 1993).
1. Item 4 of Article 13 of the Law on Land Reform (wording
of 15 July 1993) provides that "the land which, according to
the established procedure, is allotted or is planned to be
allotted to establishments of science and learning for
conducting experiments and for other scientific and educational
needs" shall not be liable to be sold to citizens for private
ownership.
This provision means that the land which is allotted to
scientific and educational establishments may not be
transferred to private ownership by any manner. It also means
that scientific and educational establishments, state and local
government institutions, officials, other entities are
prohibited from adopting decisions by which the land which is
allotted to scientific and educational establishments for
conducting experiments and for other scientific and educational
needs would be sold or transferred by any other way to other
natural or legal persons for ownership.
2. Government Resolution No. 649 of 25 August 1993
approved the zoning scheme of the use of the allotted land
(Item 2, Annex 2) and granted the status of land subject to
being bought out by the state for the portion of the land of
862.4 ha used by the LAA, which was designated in the
above-mentioned zoning scheme for the newly designed production
and other buildings as well as dwelling-houses of the Academic
Town (Item 1).
Government Resolution No. 294 of 19 April 1994 set forth
Annex 1 in a new wording which allotted 813.77 ha of total area
of land for the use of the LAA. Annex 2 was also set forth in a
new wording which allotted 67.96 ha of total area of land for
the newly designed dwelling-houses of the Academic Town in
plots Nos. 18-20.
It has been mentioned that, under Item 4 of Article 13 of
the Law on Land Reform (wording of 15 July 1993), the land
which is allotted or is planned to be allotted to
establishments of science and learning for conducting
experiments and for other scientific and educational needs
shall not be liable to be sold to citizens for private
ownership.
While assessing the relation of the aforesaid governmental
resolutions with Item 4 of Article 13 of the Law on Land Reform
(wording of 15 July 1993), one has to note that neither
Government Resolution No. 649 of 25 August 1993 nor Government
Resolution No. 294 of 19 April 1994 contain any norms
permitting to sell the land allotted to the LAA to citizens for
private ownership.
Taking account of the arguments set forth, one is to
conclude that Government Resolution No. 649 "On the Status of
Land Used by the Lithuanian Academy of Agriculture and the
Approval of the Zoning Scheme of Its Use" of 25 August 1993 to
the extent that that the status of land subject to being bought
out by the state was granted to the portion of the land of
862.4 ha used by the LAA, which had been designated in the
zoning scheme of the use of the land allotted to the LAA for
the newly designed dwelling-houses of the Academic Town, and
Government Resolution No. 294 "On the Partial Amendment of
Resolution of the Government of the Republic of Lithuania No.
649 of 25 August 1993" of 19 April 1994 to the extent that the
status of land subject to being bought out by the state was
left for the portion of the land of 813.77 ha used by the LAA,
which had been designated in the zoning scheme of the use of
land allotted to the LAA for the newly designed dwelling-houses
of the Academic Town, were in compliance with Item 4 of Article
13 of the Law on Land Reform (wording of 15 July 1993).
3. Government Resolution No. 350 of 9 March 1995 permitted
the natural persons to acquire the land plots for ownership
which were in the territory allotted to the
educational-production base of the LAA and which had been
allotted to the said persons for building dwelling-houses by
the Noreikiškės Country-side District Council of the Kaunas
District prior to 15 March 1992.
Thus this governmental resolution did not pay heed to the
prohibition established in Item 4 of Article 13 of the Law on
Land Reform (wording of 15 July 1993) to sell the land which is
allotted to establishments of science and learning for
conducting experiments and for other scientific and educational
needs to citizens for private ownership.
Taking account of the arguments set forth, one is to draw
a conclusion that Government Resolution No. 350 "On the
Supplementation of Resolution of the Government of the Republic
of Lithuania No. 649 'On the Status of Land Used by the
Lithuanian Academy of Agriculture and the Approval of the
Zoning Scheme of Its Use' of 25 August 1993" of 9 March 1995
conflicted with Item 4 of Article 13 of the Law on Land Reform
(wording of 15 July 1993).
VI
On the compliance of Government Resolution No. 649 "On the
Status of Land Used by the Lithuanian Academy of Agriculture
and the Approval of the Zoning Scheme of Its Use" of 25 August
1993, Government Resolution No. 294 "On the Partial Amendment
of Resolution of the Government of the Republic of Lithuania
No. 649 of 25 August 1993" of 19 April 1994, and Government
Resolution No. 350 "On the Supplementation of Resolution of the
Government of the Republic of Lithuania No. 649 'On the Status
of Land Used by the Lithuanian Academy of Agriculture and the
Approval of the Zoning Scheme of Its Use' of 25 August 1993" of
9 March 1995 with Article 23 of the Constitution.
1. Article 23 of the Constitution provides:
"Property shall be inviolable.
The rights of ownership shall be protected by law.
Property may only be seized for the needs of society
according to the procedure established by law and must be
adequately compensated for."
2. The Constitutional Court, interpreting the content of
Article 23 of the Constitution in the context of the
restoration of the rights of ownership, on numerous occasions
has held that although the legislature enjoys certain
discretion to establish the conditions and procedure for the
restoration of the rights of ownership, in doing so it must
take account of the constitutional principles of the protection
of the right of ownership. These principles also presuppose
that fact that, unless it is necessary for the needs of
society, the land unlawfully nationalised by the occupation
government must be returned to the owners in kind under
procedure and conditions established by law.
3. It has already been held in this Ruling of the
Constitutional Court that
1) Government Resolution No. 649 "On the Status of Land
Used by the Lithuanian Academy of Agriculture and the Approval
of the Zoning Scheme of Its Use" of 25 August 1993 to the
extent that the status of land subject to being bought out by
the state was granted to the portion of the land of 862.4 ha
used by the LAA, which had been designated in the zoning scheme
of the use of the land allotted to the LAA for the newly
designed dwelling-houses of the Academic Town, insofar as this
land area covered the land plots meant for building private
dwelling-houses,
2) Government Resolution No. 294 "On the Partial Amendment
of Resolution of the Government of the Republic of Lithuania
No. 649 of 25 August 1993" of 19 April 1994 to the extent that
the status of land subject to being bought out by the state was
left for the portion of the land of 813.77 ha used by the LAA,
which had been designated in the zoning scheme of the use of
land allotted to the LAA for the newly designed dwelling-houses
of the Academic Town, insofar as the said area of land covered
the land plots meant for building private dwelling-houses,
3) Government Resolution No. 350 "On the Supplementation
of Resolution of the Government of the Republic of Lithuania
No. 649 'On the Status of Land Used by the Lithuanian Academy
of Agriculture and the Approval of the Zoning Scheme of Its
Use' of 25 August 1993" of 9 March 1995
were in conflict with Item 5 of Article 12 of the Law "On
the Procedure and Conditions of the Restoration of the Rights
of Ownership of Citizens to the Existing Real Property"
(wording of 15 July 1993) and Item 8 of Article 12 of the Law
on the Restoration of the Rights of Ownership of Citizens to
the Existing Real Property (wording of 13 May 1999). 4. It has
been mentioned that, under the Constitution, the rights of
ownership shall be protected by law. After one has held that
the disputed governmental resolutions denied the right of the
owners to restore the rights of ownership to the land in kind,
one is to draw a conclusion that
1) Government Resolution No. 649 "On the Status of Land
Used by the Lithuanian Academy of Agriculture and the Approval
of the Zoning Scheme of Its Use" of 25 August 1993 to the
extent that the status of land subject to being bought out by
the state was granted to the portion of the land of 862.4 ha
used by the LAA, which had been designated in the zoning scheme
of the use of the land allotted to the LAA for the newly
designed dwelling-houses of the Academic Town, insofar as this
land area covered the land plots meant for building private
dwelling-houses,
2) Government Resolution No. 294 "On the Partial Amendment
of Resolution of the Government of the Republic of Lithuania
No. 649 of 25 August 1993" of 19 April 1994 to the extent that
the status of land subject to being bought out by the state was
left for the portion of the land of 813.77 ha used by the LAA,
which had been designated in the zoning scheme of the use of
land allotted to the LAA for the newly designed dwelling-houses
of the Academic Town, insofar as the said area of land covered
the land plots meant for building private dwelling-houses,
3) Government Resolution No. 350 "On the Supplementation
of Resolution of the Government of the Republic of Lithuania
No. 649 'On the Status of Land Used by the Lithuanian Academy
of Agriculture and the Approval of the Zoning Scheme of Its
Use' of 25 August 1993" of 9 March 1995
were in conflict with Article 23 of the Constitution.
Conforming to Articles 102 and 105 of the Constitution of
the Republic of Lithuania and Articles 1, 53, 54, 55 and 56 of
the Republic of Lithuania Law on the Constitutional Court, the
Constitutional Court of the Republic of Lithuania has passed
the following
ruling:
1. To recognise that Resolution of the Government of the
Republic of Lithuania No. 649 "On the Status of Land Used by
the Lithuanian Academy of Agriculture and the Approval of the
Zoning Scheme of Its Use" of 25 August 1993 to the extent that
the status of land subject to being bought out by the state was
granted to the portion of the land of 862.4 ha used by the
Lithuanian Academy of Agriculture, which had been designated in
the zoning scheme of the use of the land allotted to the
Lithuanian Academy of Agriculture for the newly designed
dwelling-houses of the Academic Town, insofar as this land area
covered the land plots meant for building private
dwelling-houses, conflicted with Item 5 of Article 12 of the
Republic of Lithuania Law "On the Procedure and Conditions of
the Restoration of the Rights of Ownership of Citizens to the
Existing Real Property" (wording of 15 July 1993), Item 8 of
Article 12 of the Republic of Lithuania Law on the Restoration
of the Rights of Ownership of Citizens to the Existing Real
Property (wording of 13 May 1999) and Article 23 of the
Constitution of the Republic of Lithuania.
2. To recognise that Resolution of the Government of the
Republic of Lithuania No. 294 "On the Partial Amendment of
Resolution of the Government of the Republic of Lithuania No.
649 of 25 August 1993" of 19 April 1994 to the extent that the
status of land subject to being bought out by the state was
left for the portion of the land of 813.77 ha used by the
Lithuanian Academy of Agriculture, which had been designated in
the zoning scheme of the use of land allotted to the Lithuanian
Academy of Agriculture for the newly designed dwelling-houses
of the Academic Town, insofar as the said area of land covered
the land plots meant for building private dwelling-houses,
conflicted with Item 5 of Article 12 of the Republic of
Lithuania Law "On the Procedure and Conditions of the
Restoration of the Rights of Ownership of Citizens to the
Existing Real Property" (wording of 15 July 1993), Item 8 of
Article 12 of the Republic of Lithuania Law on the Restoration
of the Rights of Ownership of Citizens to the Existing Real
Property (wording of 13 May 1999) and Article 23 of the
Constitution of the Republic of Lithuania.
3. To recognise that Resolution of the Government of the
Republic of Lithuania No. 649 "On the Status of Land Used by
the Lithuanian Academy of Agriculture and the Approval of the
Zoning Scheme of Its Use" of 25 August 1993 to the extent that
the status of land subject to being bought out by the state was
granted to the portion of the land of 862.4 ha used by the
Lithuanian Academy of Agriculture, which had been designated in
the zoning scheme of the use of the land allotted to the
Lithuanian Academy of Agriculture for the newly designed
dwelling-houses of the Academic Town, and that Resolution of
the Government of the Republic of Lithuania No. 294 "On the
Partial Amendment of Resolution of the Government of the
Republic of Lithuania No. 649 of 25 August 1993" of 19 April
1994 to the extent that the status of land subject to being
bought out by the state was left for the portion of the land of
813.77 ha used by the Lithuanian Academy of Agriculture, which
had been designated in the zoning scheme of the use of land
allotted to the Lithuanian Academy of Agriculture for the newly
designed dwelling-houses of the Academic Town, were in
compliance with Item 4 of Article 13 of the Republic of
Lithuania Law on Land Reform (wording of 15 July 1993).
4. To recognise that Resolution of the Government of the
Republic of Lithuania No. 350 "On the Supplementation of
Resolution of the Government of the Republic of Lithuania No.
649 'On the Status of Land Used by the Lithuanian Academy of
Agriculture and the Approval of the Zoning Scheme of Its Use'
of 25 August 1993" of 9 March 1995 conflicted with Item 5 of
Article 12 of the Republic of Lithuania Law "On the Procedure
and Conditions of the Restoration of the Rights of Ownership of
Citizens to the Existing Real Property" (wording of 15 July
1993), Item 8 of Article 12 of the Republic of Lithuania Law on
the Restoration of the Rights of Ownership of Citizens to the
Existing Real Property (wording of 13 May 1999), Item 4 of
Article 13 of the Republic of Lithuania Law on Land Reform
(wording of 15 July 1993) and Article 23 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.