Lietuviškai
Case No. 40/01
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF
LITHUANIA
RULING
ON THE COMPLIANCE OF THE LEGAL ACTS BY WHICH
QUESTIONS OF THE PROPERTY FORMERLY POSSESSED BY
TRADE UNIONS WHICH USED TO FUNCTION IN LITHUANIA
PRIOR TO THE RESTORATION OF THE INDEPENDENT STATE
OF LITHUANIA WITH THE CONSTITUTION OF THE REPUBLIC
OF LITHUANIA
30 September 2003
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 representative of the Seimas of the Republic of
Lithuania, the party concerned, who was Saulius Švedas, a
consultant to the Legal Department of the Office of the Seimas,
pursuant to Articles 102 and 105 of the Constitution of
the Republic of Lithuania and Article 1 as well as Paragraph 3
of Article 54 of the Law on the Constitutional Court of the
Republic of Lithuania, on 7 August 2003 and 9 September 2003 in
its public hearings heard Case No. 40/01 which originated in a
petition of the Supreme Administrative Court of Lithuania, the
petitioner, requesting to investigate as to whether the
provisions of Item 8 of Article 2 of the Republic of Lithuania
Law "On the Establishment of the Property of the
Sanatorium-Resort Establishments and Rest-Houses Which Used to
Be Possessed by Former Trade Unions of the Lithuanian SSR" and
Paragraph 5 (wording of 20 July 2000) of Article 3 of the
Republic of Lithuania Law on the Distribution of Property of
Trade Unions that the Anykščiai rehabilitation centre (former
rest-house "Šilelis") is transferred as ownership to trade
unions, to the extent that also the administrative building was
transferred, which is registered in the Real Property Register
as property object 2.12, unique No. 34/962-0056-01-0, are not
in conflict with Article 23 of the Constitution of the Republic
of Lithuania.
The Constitutional Court
has established:
I
The petitioner, the Supreme Administrative Court of
Lithuania, was investigating an administrative case under
appeal procedure. The said court suspended the investigation of
the case by its ruling and applied to the Constitutional Court
with a petition requesting to investigate as to whether the
provisions of Item 8 of Article 2 of the Republic of Lithuania
Law "On the Establishment of the Property of the
Sanatorium-Resort Establishments and Rest-Houses Which Used to
Be Possessed by Former Trade Unions of the Lithuanian SSR"
(Official Gazette Valstybės žinios, 1995, No. 51-1248) and
Paragraph 5 (wording of 20 July 2000) of Article 3 of the
Republic of Lithuania Law on the Distribution of Property of
Trade Unions (Official Gazette Valstybės žinios, 2000, No.
67-2018) that the Anykščiai rehabilitation centre (former
rest-house "Šilelis") is transferred as ownership to trade
unions, to the extent that also the administrative building was
transferred, which is registered in the Real Property Register
as property object 2.12, unique No. 34/962-0056-01-0, are not
in conflict with Article 23 of the Constitution.
II
The request of the Supreme Administrative Court of
Lithuania, the petitioner, is based on the following arguments.
1. The guarantees of the protection of the rights of
ownership as established in Article 23 of the Constitution are
to be applied not only for protection of the rights of
ownership enjoyed by persons: one has also to take account of
the said guarantees while protecting the legitimate interests
of the persons whose rights of ownership were discontinued by
the occupation government. The principle of inviolability of
property entrenched in the same article of the Constitution
means that the subject of property is guaranteed the right to
demand that other persons not violate his rights of ownership.
The legislator has a duty to adopt laws which protect the
rights of the owner against illegal encroachment. No one may
seize property in an arbitrary manner and on the basis of
unlawfulness.
2. In the opinion of the petitioner, the rule established
in the norms of Item 8 of Article 2 of the Law "On the
Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" and Paragraph 5
(wording of 20 July 2000) of Article 3 of the Law on the
Distribution of Property of Trade Unions under which a
building, which, before the nationalisation used to be
possessed by a person by right of ownership, which is in the
complex of buildings of the Anykščiai rehabilitation centre
(former rest-house "Šilelis"), which is registered in the Real
Property Register as property object 2.12, unique No.
34/962-0056-01-0, is transferred as ownership to trade unions
of Lithuania, thus barring the way to the heirs of the former
owner to retrieve the formerly possessed property in kind. It
is only permitted that the rights of the heirs of the former
owner be restricted in such a manner only in the presence of a
concrete and clearly expressed need of society in regard of
this object of property. However, the aforesaid laws do not
point out any such need of society. Therefore the petitioner
doubts whether the legislator by restricting, by means of a
law, the right of the heirs of the former owner to retrieve the
formerly possessed property and by transferring the building,
which used to be possessed by right of private ownership, to
other persons, although there was not any concrete and clearly
expressed need of society, did not violate the constitutional
right of the heirs of the former owner to inviolability of
property and whether he properly discharged his duty to adopt
laws protecting the rights of ownership of the owner against
illegal encroachment.
III
In the course of the preparation of the case for the
Constitutional Court hearing written explanations were received
from the representative of the party concerned, the Seimas, who
was S. Švedas, a consultant to the Legal Department of the
Office of the Seimas.
1. The representative of the party concerned asserts that
the Seimas, by passing, on 28 June 1995, the Law "On the
Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR", did not have
information that one of the buildings of the Anykščiai
rehabilitation centre (former rest-house "Šilelis") had been
nationalised, and that until the nationalisation it used to be
possessed by right of private ownership by the mother of the
claimant in the administrative case. In the archives of the
Republic of Lithuania there were no data that the mother of the
claimant in the administrative case used to possess by right of
private ownership a residential house (villa) which is
registered in the Real Property Register as property object
2.12, unique No. 34/962-0056-01-0. Neither the claimant in the
administrative case nor his mother had any documents confirming
the rights of ownership to the said building. It was only by
the 20 November 1998 decision of the Anykščiai Local District
Court that a fact of juridical importance was established that
before the nationalisation the mother of the claimant in the
administrative case possessed by right of private ownership a
residential house (villa) which is registered in the Real
Property Register as property object 2.12, unique No.
34/962-0056-01-0.
2. S. Švedas noted that the 20 July 2000 Law on the
Distribution of Property of Trade Unions was adopted while
taking account of the valid Law "On the Establishment of the
Property of the Sanatorium-Resort Establishments and
Rest-Houses Which Used to Be Possessed by Former Trade Unions
of the Lithuanian SSR" by Article 2 whereof the Anykščiai
rehabilitation centre was recognised property of trade unions
of Lithuania. While adopting the law, the Seimas did not have
any information that the rights of ownership to one building
(former rest-house "Šilelis") of the Anykščiai rehabilitation
centre was being claimed by the claimant in the administrative
case.
3. S. Švedas also pointed out that, although one did not
discuss the issue of seizure of the building which is
registered in the Real Property Register as property object
2.12, unique No. 34/962-0056-01-0 for the needs of society at
the time of the adoption of the disputed provisions, in his
opinion, the transference of this building to independent trade
unions of Lithuania, voluntary and self-dependent organisations
of Lithuanian people, which defend the professional, economic
and social rights and interests of employees, was in conformity
with a clearly expressed need of society with regard to the
said building.
4. In the opinion of the representative of the party
concerned, the provisions of Item 8 of Article 2 of the Law "On
the Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" and Paragraph 5
(wording of 20 July 2000) of Article 3 of the Law on the
Distribution of Property of Trade Unions that the Anykščiai
rehabilitation centre (former rest-house "Šilelis") is
transferred as ownership to trade unions, to the extent that
also the administrative building was transferred, which is
registered in the Real Property Register as property object
2.12, unique No. 34/962-0056-01-0, are not in conflict with
Article 23 of the Constitution.
IV
In the course of the preparation of the case for judicial
investigation written explanations were received from P. Čėsna,
Minister of Economy of the Republic of Lithuania, J. Liaučius,
State Controller of the Republic of Lithuania, and P.
Milašauskas, Director General of the state-owned enterprise
"Valstybės turto fondas".
V
At the Constitutional Court hearing which took place on 7
August 2003, the representative of the party concerned, the
Seimas, who was S. Švedas, a consultant to the Legal Department
of the Office of the Seimas, virtually reiterated the arguments
set forth in his written explanations.
VI
On 27 August 2003, the Constitutional Court, having
established that it was necessary to ascertain new
circumstances, to investigate new evidence connected with the
change in the legal status of the property possessed by state
trade unions that used to function in Lithuania before the
restoration of the independent State of Lithuania, its
transference to the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment, to
trade unions of Lithuania and/or other entities, adopted a
decision on the renewal of the consideration of the case and
resolved to summon witnesses to the Constitutional Court
hearing and to demand additional documents and material from
the Government of the Republic of Lithuania and the Ministry of
Justice of the Republic of Lithuania.
VII
On 8 September 2003, the Constitutional Court received
additional written explanations from the representative of the
party concerned, the Seimas, who was S. Švedas, a consultant to
the Legal Department of the Office of the Seimas.
VIII
In its 9 September 2003 hearing, the Constitutional Court
heard the representative of the party concerned, the Seimas,
who was S. Švedas, a consultant to the Legal Department of the
Office of the Seimas, who virtually reiterated the arguments
set forth in his written explanations. It also questioned the
witnesses summoned to the hearing: A. Balsienė, President of
the trade union "Solidarumas", V. Blaževičius, Director of the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment, K. Kuzminskas, Chairman
of the Labour Federation of Lithuania, A. Kvedaravičius,
Vice-chairman of the Confederation of Trade Unions of
Lithuania, L. Radzevičius, former Chairman of the Labour
Federation of Lithuania, A. Sysas, Chairman of the
Confederation of Trade Unions of Lithuania and Chairman of the
Fund for Support of Trade Unions of Lithuania, H. Stankevičius,
Director of the public enterprise "Anykščių šilelis", A.
Zvicevičius, former Director of the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment.
The Constitutional Court
holds that:
I
1. On 8 June 1995, the Seimas adopted the Law "On the
Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" in Item 8 of Article
2 whereof it is established:
"The following objects and the property and funds
registered in their balance shall be recognised as property of
trade unions of Lithuania and transferred to the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment: <...>
8) Anykščiai rehabilitation centre (former rest-house
"Šilelis")."
The Law "On the Establishment of the Property of the
Sanatorium-Resort Establishments and Rest-Houses Which Used to
Be Possessed by Former Trade Unions of the Lithuanian SSR" was
subsequently amended, however, Item 8 of Article 2 thereof has
remained unchanged.
2. On 20 July 2000, the Seimas adopted the Law on the
Distribution of Property of Trade Unions, Paragraph 5 of
Article 3 whereof provides: "The Anykščiai rehabilitation
centre (former rest-house 'Šilelis') and the rest-house
'Neringos kopos' (former rest-house 'Neringa') shall be
transferred, in equal portions, as common shared ownership to
the Labour Federation of Lithuania, the Lithuanian Trade Unions
Centre, the Workers Union of Lithuania and the Alliance of
Trade Unions of Lithuania."
3. In the complex of buildings of the Anykščiai
rehabilitation centre (former rest-house "Šilelis") indicated
in the aforementioned provisions of Item 8 of Article 2 of the
Law "On the Establishment of the Property of the
Sanatorium-Resort Establishments and Rest-Houses Which Used to
Be Possessed by Former Trade Unions of the Lithuanian SSR" and
Paragraph 5 of Article 3 of the Law on the Distribution of
Property of Trade Unions (wording of 20 July 2000) there is an
administrative building (Vilniaus St. 80, Anykščiai), which is
registered in the Real Property Register as property object
2.12, unique No. 34/962-0056-01-0.
4. The Supreme Administrative Court of Lithuania, the
petitioner, in the course of the consideration of the
administrative case had doubts as to whether the provision of
Item 8 of Article 2 of the Law "On the Establishment of the
Property of the Sanatorium-Resort Establishments and
Rest-Houses Which Used to Be Possessed by Former Trade Unions
of the Lithuanian SSR" that the Anykščiai rehabilitation centre
(former rest-house "Šilelis") is transferred as ownership to
trade unions, to the extent that also the administrative
building was transferred, which is registered in the Real
Property Register as property object 2.12, unique No.
34/962-0056-01-0 and the provision of Paragraph 5 of Article 3
of the Law on the Distribution of Property of Trade Unions
(wording of 20 July 2000) that the Anykščiai rehabilitation
centre (former rest-house "Šilelis") is transferred as
ownership to trade unions, to the extent that also the
administrative building was transferred, which is registered in
the Real Property Register as property object 2.12, unique No.
34/962-0056-01-0, are not in conflict with Article 23 of the
Constitution.
5. The Law on the Distribution of Property of Trade Unions
was amended by the 22 January 2002 Republic of Lithuania Law on
Amending the Law on the Distribution of Property of Trade
Unions and set forth in a new wording (Official Gazette
Valstybės žinios, 2002, No. 15-549).
Paragraph 5 of Article 3 of the Law on the Distribution of
Property of Trade Unions (wording of 22 January 2002) provides:
"The public enterprise 'Anykščių šilelis' (former rest-house
'Šilelis') and 'Neringos kopos' UAB (former rest-house
'Neringa') shall be transferred, in equal portions, as common
shared ownership to the Labour Federation of Lithuania, the
Lithuanian Trade Unions Centre, the Workers Union of Lithuania
and the Alliance of Trade Unions of Lithuania."
II
1. It is clear from the material of the administrative
case which is considered by the Supreme Administrative Court of
Lithuania that the complex of buildings of the Anykščiai
rehabilitation centre (former rest-house "Šilelis") which is at
Vilniaus St. 80, Anykščiai, in which there is an administrative
building, which is registered in the Real Property Register as
property object 2.12, unique No. 34/962-0056-01-0, on the
grounds of Resolution No. 25 of 27 October 1960 adopted by the
Presidium of the Soviet of the Lithuanian Republic Trade
Unions, by the conveyance-reception act of 23 November 1960 was
transferred to the Resorts Management Soviet of the Lithuanian
Republic Trade Unions. On 7 September 1971, the Executive
Committee of the Soviet of People's Deputies of the Anykščiai
District of the Lithuanian Soviet Socialist Republic adopted
Decision No. 238 in which it was resolved "to recognise state
ownership with regard to the complex of buildings of the
rest-house 'Šilelis'".
2. It is clear from the material of the considered
administrative case that before the nationalisation the
aforesaid administrative building belonged by right of private
ownership to the parents of the claimant in the administrative
case. On 19 December 1997, the claimant in the administrative
case, as the heir of the private property possessed by right of
private ownership before the nationalisation, filed a request
with the Anykščiai town Land Planning Division for restoration
of ownership rights. The heir was restored the rights of
ownership by Ordinance No. 375p of 22 April 1999 issued by the
mayor of the Anykščiai district, whereby it was decided "for
the house bought out to compensate in cash of LTL 58,000
(market value), since the residential house had been acquired
as private ownership by laws". The claimant in the
administrative case filed a complaint with the Panevėžys
Regional Administrative Court, requesting to restore the said
building in kind and to recognise the registration of the right
of ownership as illegal, performed on 7 December 2000 by the
Utena branch of the state enterprise the Land and Other Real
Property Cadastre and Register in the name of the Labour
Federation of Lithuania, the Lithuanian Trade Unions Centre,
the Workers Union of Lithuania, the Alliance of Trade Unions of
Lithuania, and the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment. The
Panevėžys Regional Administrative Court adopted a decision
whereby it obligated the Anykščiai district municipality to
restore, under the procedure and within the time length
established by the law, the right of ownership to the aforesaid
administrative building to the claimant in the administrative
case, but it rejected the complaint in the part concerning the
recognition of the registration of the right of ownership as
illegal, performed on 7 December 2000 by the Utena branch of
the state enterprise the Land and Other Real Property Cadastre
and Register as groundless. The petitioner in the
administrative case lodged an appeal with the Supreme
Administrative Court of Lithuania, requesting to change the
decision of the Panevėžys Regional Administrative Court and
restore the said building in kind, also, to recognise the
registration of the right of ownership as illegal, performed on
7 December 2000 by the Utena branch of the state enterprise the
Land and Other Real Property Cadastre and Register in the name
of the Labour Federation of Lithuania, the Lithuanian Trade
Unions Centre, the Workers Union of Lithuania, the Alliance of
Trade Unions of Lithuania, and the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment.
III
1. While deciding whether the legal provisions disputed by
the petitioner are not in conflict with the Constitution, one
has to ascertain the status of the property possessed by the
trade unions, which had functioned before the restoration of
the independent State of Lithuania, after the independent State
of Lithuania was restored, also to establish how the issues of
the property possessed by these trade unions had been decided
before the 25 October 1992 Constitution adopted by the
referendum of the Nation went into effect.
2. On 11 March 1990, the Supreme Council of the Republic
of Lithuania adopted the Act on the Re-establishment of the
Independent State of Lithuania. On the same day the Supreme
Council adopted the Provisional Basic Law of the Republic of
Lithuania in Article 44 whereof it was established that the
economy of Lithuania shall be based on the property of the
Republic of Lithuania, which shall consist of the private
property of its citizens, the property of groups of citizens,
and state-owned property.
3. Until the restoration of the independent State of
Lithuania, the trade unions which functioned in Lithuania were
a part of the system of USSR trade unions, virtually they were
a part of the state mechanism of the USSR through which the
state discharged certain social and other functions. In the 30
July 1990 Supreme Council Resolution "On the Support for Newly
Established Trade Unions and on the Property of Former State
Trade Union Organisations" it is emphasised that "the trade
unions which functioned in the Lithuanian SSR, while imposing
membership fees by force, which was sanctioned by the state,
represented the interests of the system of the state party
rule, but not those of the Lithuanian people. Such trade unions
were state organisations but not public organisations."
4. Upon the restoration of the independent State of
Lithuania, the issues of the property formerly possessed by
USSR institutions were also decided. By the 13 March 1990
Supreme Council Resolution "On the Status of the Enterprises,
Establishments and Organisations Which are under the Union or
the Union-Republic Jurisdiction" it was decided that on the day
of the adoption of the said resolution, all state enterprises,
establishments and organisations which are under the union or
the union-republic jurisdiction come under the jurisdiction of
the Republic of Lithuania.
The formula "come under the jurisdiction of the Republic
of Lithuania" as employed in the aforesaid 13 March 1990
Supreme Council resolution means that the property of all state
enterprises, establishments and organisations which were under
the union or the union-republic jurisdiction which are in the
territory of the Republic of Lithuania is property of the State
of Lithuania (Constitutional Court ruling if 27 May 2002). In
the context of the case at issue, one is to note that the
property possessed by the state trade unions which functioned
in Lithuania and which were a part of the system of USSR trade
unions until the restoration of the independent State of
Lithuania is property of the State of Lithuania. One is also to
note that it was held in the aforementioned 30 July 1990
Supreme Council Resolution "On the Support for Newly
Established Trade Unions and on the Property of Former State
Trade Union Organisations" that "from the funds accumulated in
the name of these trade unions and state subsidies convalescent
homes, sanatoriums were built as well as other property was
created. It cannot be property of only one group of people or
association, since it belongs to all people of Lithuania. A
part of this property is to be transferred to trade unions
which are in the process of establishment or newly established
ones."
5. The 30 July 1990 Supreme Council Resolution "On the
Support for Newly Established Trade Unions and on the Property
of Former State Trade Union Organisations" commissioned the
Government to inventory the property of trade unions which
functioned in the Lithuanian SSR, by establishing the sources
and size of this property. The said Supreme Council Resolution
prohibited the then holders of the property of former trade
unions to transfer or rent this property in any way to other
legal or natural persons and it was held that such transfer of
the property is void from the moment of conclusion of the
transaction.
6. By its Resolution No. 603 "On Certain Establishments
and Organisations of the Former State Trade Unions and Their
Property" of 31 December 1991, the Government decided to
liquidate the Resorts Management Soviet of the Lithuanian
Republic Trade Unions which had been functioning until then. By
the said Government resolution the sanatorium-resort
establishments of the former Resorts Management Soviet of the
Lithuanian Republic Trade Unions were assigned to the sphere of
the regulation of the Ministry of Health Care. This ministry
was commissioned to discharge the functions of the founder of
the said establishments.
7. It needs to be noted that at the time when the issues
of the property possessed by the state trade unions which
functioned in Lithuania before the restoration of the
independent State of Lithuania were being decided, the process
of the restitution of the property that had been nationalised
or otherwise unlawfully disseized was taking place as well.
While recognising the continuity and restoration of the rights
of ownership, on 15 November 1990 the Supreme Council adopted a
principle decision and approved these provisions: the
continuity of the rights of ownership of citizens of Lithuania
is incontestably recognised; citizens of Lithuania have the
right, within the limits and procedure defined by the law, to
retrieve the property in kind, which belonged to them, while in
case of absence of such a possibility, to receive compensation.
No right can appear on the grounds of unlawfulness. The
property nationalised or otherwise unlawfully disseized by the
occupation government did not become state-owned property, it
"may be considered as property which is only in fact possessed
by the state" (Constitutional Court rulings of 27 May 1994 and
4 March 2003).
The state trade unions which functioned in Lithuania
before the restoration of the independent State of Lithuania
possessed not only the property belonging to the state by
rights of ownership, but also property which had been
nationalised or otherwise unlawfully disseized by the
occupation government. This property also was not property of
these state trade unions.
Thus, the formula "come under the jurisdiction of the
Republic of Lithuania" employed in the 13 March 1990 Supreme
Council Resolution "On the Status of the Enterprises,
Establishments and Organisations Which are under the Union or
the Union-Republic Jurisdiction" does not mean that also the
property that had been nationalised or otherwise unlawfully
disseized by the occupation government, which had been
possessed by the state trade unions which functioned in
Lithuania before the restoration of the independent State of
Lithuania, belongs to the State of Lithuania by right of
ownership.
IV
1. While deciding whether the legal provisions disputed by
the petitioner are not in conflict with the Constitution, one
has to ascertain also the fact how the issues of the property
possessed by the state trade unions which functioned in
Lithuania before the restoration of the independent State of
Lithuania were decided after the 25 October 1992 Constitution
adopted by the referendum of the Nation had gone into effect.
2. Paragraph 2 of Article 5 of the Constitution provides
that the scope of power shall be limited by the Constitution.
After the Constitution had come into force, the state
institutions which have the powers to adopt decisions on the
possession, use and disposal of property belonging to the state
by right of ownership may do so only while regarding the
Constitution.
3. It has been mentioned that the 30 July 1990 Supreme
Council Resolution "On the Support for Newly Established Trade
Unions and on the Property of Former State Trade Union
Organisations" established a provision that part of the
property of state trade unions which functioned in Lithuania
before the restoration of the independent State of Lithuania is
to be transferred to trade unions which are in the process of
establishment or newly established ones and a provision that
the Government is commissioned to inventory the property of
trade unions which functioned in the Lithuanian SSR, by
establishing the sources and size of this property.
On 25 May 1993, the Seimas adopted the Law "On the
Property of Former State Trade Unions of the Lithuanian SSR" in
which it established the "bases and procedure of transfer of
the property of former state trade unions of the Lithuanian
SSR". Article 2 of the same law provides that the property of
the former state trade unions of the Lithuanian SSR is composed
of: (1) property created from the funds of the state and
Lithuanian people; (2) property created by the former trade
unions; (3) property possessed by the former trade unions,
which was returned or is to be returned to the owners under the
Republic of Lithuania Law "On the Procedure and Conditions of
Restoring of Citizens' Rights of Ownership to the Existing Real
Property". It was provided in Article 3 of the aforesaid law
that the property of the former state trade unions of the
Lithuanian SSR, which had been created from the funds of the
sate and Lithuanian people, inventoried under the procedure
established by the 30 July 1990 Supreme Council Resolution "On
the Support for Newly Established Trade Unions and on the
Property of Former State Trade Union Organisations", shall be
transferred as ownership (1) to the state, in order to satisfy
the needs of the people, and to the Lithuanian sport society
"Žalgiris"; (2) to the Lithuanian sport society "Žalgiris" and
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment, the regulations of
which are approved by the Seimas and which, within 5 years,
transfers the property to the functioning trade unions and
those in the process of establishment; (3) to the former owners
under the Republic of Lithuania Law "On the Procedure and
Conditions of Restoring of Citizens' Rights of Ownership to the
Existing Real Property". It was established in Article 4 of the
25 May 1993 Law "On the Property of Former State Trade Unions
of the Lithuanian SSR" that the procedure of transfer of the
property (and portions thereof) of the former state trade
unions of the Lithuanian SSR shall be established by the Seimas
Resolution "On the Implementation of the Republic of Lithuania
Law 'On the Property of Former State Trade Unions of the
Lithuanian SSR'", while it was provided in Article 5 of the
same law that the procedure of transfer and use of the property
of sanatoriums and rest-houses of Lithuania shall be
established by a separate resolution of the Seimas.
4. On 1 June 1993, the Seimas adopted the Resolution "On
the Implementation of the Republic of Lithuania Law 'On the
Property of Former State Trade Unions of the Lithuanian SSR'".
It was held in Item 1 of the said resolution that the property
of former state trade unions of the Lithuanian SSR had been
inventoried, while Item 2 thereof listed the objects which
"constitute the property handed over to the State". Item 3 of
the same Seimas resolution listed the objects which were handed
over as ownership to the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment. The property handed over to this fund is
composed, inter alia, of part of the property of the
sanatoriums and rest-houses of trade unions of Lithuania. Item
6 of the Seimas resolution proposed that the Government
compensate, within 5 years, trade unions of Lithuania for the
objects listed in the same item, which were taken over by the
state and privatised, also that it transfer the funds for these
object to the Special Fund for Support of the Functioning Trade
Unions and Those in the Process of Establishment. By Item 4 of
the said Seimas resolution it was decided to establish the
Council of the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment. Item 7
of the Seimas resolution proposed that the Government grant
trade unions individual buildings fitting for work by right of
ownership as compensation for a building in Vilnius,
transferred to the Seimas.
The 1 June 1993 Seimas Resolution "On the Implementation
of the Republic of Lithuania Law 'On the Property of Former
State Trade Unions of the Lithuanian SSR'" was amended and
supplemented by the 20 July 1994 Seimas Resolution "On the
Amendment and Supplement of the Republic of Lithuania Seimas
Resolution 'On the Implementation of the Republic of Lithuania
Law "On the Property of Former State Trade Unions of the
Lithuanian SSR"'", by the 27 June 1995 Seimas Resolution "On
the Amendment and Supplement of the Republic of Lithuania
Seimas Resolution 'On the Implementation of the Republic of
Lithuania Law "On the Property of Former State Trade Unions of
the Lithuanian SSR"'", however, the legal regulation
established in its subsequent wordings was not changed in
essence until 20 July 2000, when the Seimas Resolution "On the
Amendment of the Seimas Resolution 'On the Implementation of
the Republic of Lithuania Law "On the Property of Former State
Trade Unions of the Lithuanian SSR"'" was adopted.
5. The Seimas approved, by the 17 February 1994 Resolution
"On the Approval of the Regulations of the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment", the Regulations of the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment. Under Item 1 of Chapter II of these
regulations, the purpose of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment is support of the functioning trade unions and
those in the process of establishment. Under Item 2 of Chapter
II of the said regulations, the tasks of this fund was to
inventory, take over, distribute and hand over as ownership the
property listed in Item 3 of the Seimas resolution of 1 June
1993 to the functioning trade unions and those in the process
of establishment, also, to establish the part of the property
which is transferred to trade unions as shared possession.
Under Item 3 of Chapter I of the Regulations of the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment, this fund is a legal person; the
Seimas may liquidate the fund by its resolution (Item 1 of
Chapter VI). It is clear from the overall legal regulation
established in the regulations that the founder of this fund is
the Seimas.
6. On 23 February 1995, the Seimas adopted the Law "On the
Amendment and Supplement of the Republic of Lithuania Law 'On
the Property of Former State Trade Unions of the Lithuanian
SSR'" by Article 1 whereof it supplemented the 25 May 1993 Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR" with Article 6 in which it was established that that the
property transferred to the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment may not be privatised or corporatised, also it
may not be sold or transferred to someone that is not a trade
union, and with Article 7 in which it was established that the
State Control Department has the right to control the
activities of the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment.
On 27 June 1995, the Seimas adopted the Law "On the
Amendment and Supplement of the Republic of Lithuania Law 'On
the Property of Former State Trade Unions of the Lithuanian
SSR'". Article 1 of this law abolished the provision of Item 2
(wording of 25 May 1993) of Article 3 of the Law "On the
Property of Former State Trade Unions of the Lithuanian SSR"
under which the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment, within
5 years, had to transfer the property to the functioning trade
unions and those in the process of establishment, and it was
established that the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment shall operate until 1 June 2006. By Article 2 of
the 27 June 1995 Law "On the Amendment and Supplement of the
Republic of Lithuania Law 'On the Property of Former State
Trade Unions of the Lithuanian SSR'" Article 5 of the Law "On
the Property of Former State Trade Unions of the Lithuanian
SSR" was amended by entering the word "law" instead of the word
"resolution". Thus, Article 5 (wording of 27 June 1995) of Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR" provided that the procedure of transfer and use of the
property of sanatoriums and rest-houses of Lithuania shall be
established by a separate law of the Seimas. By Article 3 of
this law Article 6 of the 25 May 1993 Law "On the Property of
Former State Trade Unions of the Lithuanian SSR" was amended
and supplemented, and it was established that succeeding the
date of 1 January 1999 the Council of the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment must hand over as ownership the
property possessed and used by the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment to trade unions of Lithuania, while succeeding
the date of 1 January 2006, it must also transfer the funds of
this fund as ownership to trade unions of Lithuania.
On 21 December 1998, the Seimas adopted the Republic of
Lithuania Law on the Amendment of Article 6 of the Law "On the
Property of Former State Trade Unions of the Lithuanian SSR".
By Article 1 of this law Paragraph 2 (wording of 27 June 1995)
of Article 6 of the 25 May 1993 Law "On the Property of Former
State Trade Unions of the Lithuanian SSR" was amended and it
was set forth as follows: "Succeeding the date of 1 July 1999,
the Council of the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment must
hand over the property possessed and used by the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment as ownership to trade unions of
Lithuania, while succeeding the date of 1 January 2006, it must
also transfer to them the funds of the Fund as ownership."
On 24 June 1999, the Seimas adopted the Republic of
Lithuania Law on the Amendment and Supplement of Article 6 of
the Law "On the Property of Former State Trade Unions of the
Lithuanian SSR". By Article 1 of this law Article 6 (wording of
21 December 1998) of the 25 May 1993 Law "On the Property of
Former State Trade Unions of the Lithuanian SSR" was amended
and it was set forth as follows:
"The property transferred to the Special Fund for Support
of the Functioning Trade Unions and Those in the Process of
Establishment may not be privatised or corporatised, also it
may not be sold or transferred otherwise save the cases
indicated in Paragraph 2 of this Article.
Succeeding the date of 31 December 1999, the Council of
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment must hand over the
property possessed and used by the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment as ownership to trade unions of Lithuania, while
succeeding the date of 1 January 2006, it must also transfer to
them the funds of the Fund.
The Council of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment must, until 1 October 1999, take over the
property of the former state trade unions of the Lithuanian
SSR."
On 21 December 1999, the Seimas adopted the Republic of
Lithuania Law on the Amendment of Article 6 of the Law "On the
Property of Former State Trade Unions of the Lithuanian SSR".
By Article 1 of this law Paragraph 2 (wording of 24 June 1999)
of Article 6 of the 25 May 1993 Law "On the Property of Former
State Trade Unions of the Lithuanian SSR" was amended and it
was set forth as follows: "Succeeding the date of 31 May 2000,
the Council of the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment must
hand over the property possessed and used by the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment as ownership to trade unions of
Lithuania, while succeeding the date of 1 January 2006, it must
also transfer to them the funds of the Fund."
On 23 May 2000, the Seimas adopted the Republic of
Lithuania Law on the Amendment of Article 6 of the Law "On the
Property of Former State Trade Unions of the Lithuanian SSR".
By Article 1 of this law Paragraph 2 (wording of 21 December
1999) of Article 6 of the 25 May 1993 Law "On the Property of
Former State Trade Unions of the Lithuanian SSR" was amended
and it was set forth as follows: "Succeeding the date of 31
July 2000, the Council of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment must hand over the property possessed and used by
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment as ownership to trade
unions of Lithuania, while succeeding the date of 1 January
2006, it must also transfer to them the funds of the Fund."
7. It has been mentioned that it was established in
Article 5 (wording of 25 May 1993) of the Law "On the Property
of Former State Trade Unions of the Lithuanian SSR" that the
procedure of transfer and use of the property of sanatoriums
and rest-houses of Lithuania shall be established by a separate
resolution of the Seimas, while in Article 5 (wording of 27
June 1995) of the same law it was established that the
procedure of transfer and use of the property of sanatoriums
and rest-houses of Lithuania shall be established by a separate
law of the Seimas.
On 8 June 1995, the Seimas adopted the Republic of
Lithuania Law "On the Establishment of the Property of the
Sanatorium-Resort Establishments and Rest-Houses Which Used to
Be Possessed by Former Trade Unions of the Lithuanian SSR". By
this law it was established which objects and the property
recorded in their balance are recognised state-owned property
and transferred to the Government (Article 1) and which objects
and the property and funds recorded in their balance are
recognised property of trade unions of Lithuania and are
transferred to the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment (Article
2). Under Item 8 of Article 2 of the same law, inter alia, the
Anykščiai rehabilitation centre (former rest-house "Šilelis")
(together with the property and funds recorded in its balance)
was recognised property of trade unions of Lithuania and was
transferred to the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment.
It was established in Article 4 of the 8 June 1995 Law "On
the Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" that for the
objects, property and funds transferred as ownership to the
state, trade unions of Lithuania shall be compensated on the
grounds of the 1 January 1991 data of the inventory conducted
by the Government commission, by paying the compensation in
equal parts until 1 June 2006; the compensated funds are
property of trade unions of Lithuania and shall be transferred
to the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment.
Article 3 of the said law established that the objects
(save hostels) indicated in Article 1 of this law must be
utilised for sanatorium-resort therapy, medical and social
rehabilitation, as well as rest and tourism, that these
objects, upon the end of the initial stage of privatisation,
may be privatised by a separate Seimas resolution, also, that
the hostels pointed out in Article 1 of this law shall be
privatised under procedure established by privatisation laws.
On 8 October 1998, the Seimas adopted the Republic of
Lithuania Law on the Recognition of Article 3 of the 8 June
1993 Law "On the Establishment of the Property of the
Sanatorium-Resort Establishments and Rest-Houses Which Used to
Be Possessed by Former Trade Unions of the Lithuanian SSR" as
No Longer Valid. By Article 1 of this law, Article 3 of the Law
"On the Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" was recognised as no
longer valid.
8. On 20 July 2000, the Seimas adopted the Law on the
Distribution of Property of Trade Unions. It was held in
Article 1 of this law this it is "adopted on the grounds that
the Council of the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment has not
followed the requirements of the Law 'On the Property of Former
State Trade Unions of the Lithuanian SSR' and other legal acts
regulating other issues of property of trade unions of
Lithuania and that it has not performed the functions
commissioned to it", also, that by the Law on the Distribution
of Property of Trade Unions "it is attempted to protect the
value of the national wealth of Lithuania-buildings and other
property which used to belong to the trade unions-to properly
possess and use it, and to create an opportunity for trade
unions to effectively use this property and funds for the
implementation of their aims".
It was established in Article 2 of the Law on the
Distribution of Property of Trade Unions which objects of the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment and the property and
funds which are in their balance on 1 August 2000 are
transferred to the state enterprise "State Property Fund" in
order to sell it; it was also established in this article that
the state enterprise "State Property Fund" must sell the said
objects in the manner as provided for in the Law on the
Privatisation of State-owned and Municipal Property until 1
July 2001; until this property is sold, the state enterprise
"State Property Fund" shall possess, use and dispose of it in
the manner prescribed by this law.
It was established in Article 3 of the Law on the
Distribution of Property of Trade Unions which objects are
transferred by right of ownership to directly indicated
entities: the Lithuanian Trade Unions Centre, the Alliance of
Trade Unions of Lithuania, the Labour Federation of Lithuania,
and the Workers Union of Lithuania. It was inter alia
established in Paragraph 5 of this article that the Anykščiai
rehabilitation centre (former rest-house "Šilelis") shall be
transferred, in equal portions, by right of common shared
property, to the Labour Federation of Lithuania, the Lithuanian
Trade Unions Centre, the Workers Union of Lithuania, and the
Alliance of Trade Unions of Lithuania; it was inter alia
established in Paragraph 11 of this article that the Labour
Federation of Lithuania, the Lithuanian Trade Unions Centre,
the Workers Union of Lithuania, and the Alliance of Trade
Unions of Lithuania must, until 1 September 2000, accept, by
right of common shared ownership, the Anykščiai rehabilitation
centre (former rest-house "Šilelis").
The said law established the dates until which the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment must transfer the said objects to
corresponding trade unions and the State Property Fund. It was
also established in the Law on the Distribution of Property of
Trade Unions that the state enterprise "State Property Fund"
must transfer the funds received from the sold property of the
trade unions of Lithuania in equal parts to the running
accounts of the trade unions which are registered at the
Ministry of Justice of the Republic of Lithuania and which are
represented in the Tripartite Council of the Republic of
Lithuania, i.e. the Labour Federation of Lithuania, the Workers
Union of Lithuania, the Lithuanian Trade Unions Centre, the
Alliance of Trade Unions of Lithuania, and the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment (Article 4).
9. It needs to be noted that it was established in Article
5 of the 20 July 2000 Law on the Distribution of Property of
Trade Unions that the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment shall be liquidated and the powers of the council
of this fund shall be terminated as of 1 July 2001.
10. After the Law on the Distribution of Property of Trade
Unions had been adopted, in a respective manner the Law "On the
Property of Former State Trade Unions of the Lithuanian SSR",
the Law "On the Establishment of the Property of the
Sanatorium-Resort Establishments and Rest-Houses Which Used to
Be Possessed by Former Trade Unions of the Lithuanian SSR" and
the Seimas Resolution "On the Implementation of the Republic of
Lithuania Law 'On the Property of Former State Trade Unions of
the Lithuanian SSR'" were amended.
On 20 July 2000, the Seimas adopted the Republic of
Lithuania Law on the Amendment of Articles 3 and 6 of the Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR". By Article 1 of this law, Item 2 (wording of 27 June
1995) of Article 3 of the Law "On the Property of Former State
Trade Unions of the Lithuanian SSR" was amended and it was
established that the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment shall operate until 1 July 2001, also, by Article
2 of the same law Paragraph 2 (wording of 23 May 2000) of
Article 6 of the Law "On the Property of Former State Trade
Unions of the Lithuanian SSR" was amended and it was set forth
as follows: "The Council of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment must hand over the property as well as the funds
possessed and used by the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment as ownership to trade unions of Lithuania under
the procedure provided for by the Law on the Distribution of
Property of Trade Unions."
On 20 July 2000, the Seimas adopted the Republic of
Lithuania Law on the Amendment of Article 4 of the Law "On the
Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR". By Article 1 of
this law Paragraph 2 of Article 4 of the Law "On the
Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" was amended and it
was set forth as follows: "The compensated funds shall be
property of trade unions of Lithuania. They shall be
transferred in equal parts to the running accounts of the trade
unions which are registered at the Ministry of Justice of the
Republic of Lithuania and which are represented in the
Tripartite Council of the Republic of Lithuania, i.e. the
Labour Federation of Lithuania, the Workers Union of Lithuania,
the Lithuanian Trade Unions Centre, the Alliance of Trade
Unions of Lithuania, and the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment."
On 20 July 2000, the Seimas adopted the Resolution "On the
Amendment of the Seimas of the Republic of Lithuania Resolution
'On the Implementation of the Republic of Lithuania Law "On the
Property of Former State Trade Unions of the Lithuanian SSR"'.
By Article 3 of this resolution Section 2 of Item 6 (wording of
27 June 1995) of the 1 June 1993 Seimas Resolution "On the
Implementation of the Republic of Lithuania Law 'On the
Property of Former State Trade Unions of the Lithuanian SSR'"
was amended and set forth as follows: "The funds received for
the sold property of trade unions of Lithuania, after the state
enterprise 'State Property Fund' has deducted the expenses of
maintenance of the property (objects) and the sum in the size
of 5 percent from the sum of the property sold, shall be
transferred, in equal portions, to running accounts of the
trade unions which are registered at the Ministry of Justice of
the Republic of Lithuania and which are represented in the
Tripartite Council of the Republic of Lithuania, i.e. the
Labour Federation of Lithuania, the Workers Union of Lithuania,
the Lithuanian Trade Unions Centre, the Alliance of Trade
Unions of Lithuania, and the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment."
11. It has been mentioned that, on 22 January 2002, the
Seimas adopted the Law on Amending the Law on the Distribution
of Property of Trade Unions and set it forth in a new wording.
It is pointed out in Article 1 of the Law on the
Distribution of Property of Trade Unions (wording of 22 January
2002) that by this law it is attempted to create an opportunity
for trade unions to more efficiently dispose of the property
and funds of trade unions.
Article 3 of the Law on the Distribution of Property of
Trade Unions (wording of 22 January 2002) provides as to which
objects are transferred by right of ownership to the entities
directly indicated in this article: the Lithuanian Trade Unions
Centre, the Alliance of Trade Unions of Lithuania, the Labour
Federation of Lithuania, and the Workers Union of Lithuania.
Paragraph 5 of this article inter alia provides that the public
enterprise the Anykščiai rehabilitation centre (former
rest-house "Šilelis") shall be transferred in equal parts by
right of common shared ownership to the Labour Federation of
Lithuania, the Lithuanian Trade Unions Centre, the Workers
Union of Lithuania, and the Alliance of Trade Unions of
Lithuania.
Article 4 of the Law on the Distribution of Property of
Trade Unions (wording of 22 January 2002) contains a provision
that the Special Fund for Support of the Functioning Trade
Unions and Those in the Process of Establishment is to be
liquidated, while the powers of the council of this fund shall
be terminated by a separate Seimas resolution, when one has
settled up with the obligations of public enterprises
established with the funds of the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment, the property possessed by this fund is
transferred as ownership to individual trade unions or
municipalities, or this property is sold and the funds have
been transferred to the entities indicated in Paragraph 2 of
Article 2 of this law, i.e. the Lithuanian Trade Unions Centre,
the Alliance of Trade Unions of Lithuania, the Labour
Federation of Lithuania, and the Workers Union of Lithuania.
Under Article 5 of the Law on the Distribution of Property
of Trade Unions (wording of 22 January 2002), the Council of
new composition of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment shall be established. According to Paragraph 1 of
Article 2 of this law, the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment shall hold, use and dispose of the property
handed over to it, save the property indicated in Article 3 of
this law, under the procedure established by the Council of the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment.
Paragraph 2 of Article 2 of the Law on the Distribution of
Property of Trade Unions (wording of 22 January 2002) provides
that the funds of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment and the funds received as the result of
possession, use and disposal of the property handed over to
this fund, shall be transferred to the Fund for Support of
Trade Unions. The Lithuanian Trade Unions Centre, the Alliance
of Trade Unions of Lithuania, the Labour Federation of
Lithuania, and the Workers Union of Lithuania shall have the
right to be founders of the Fund for Support of Trade Unions.
Provided the Fund for Support of Trade Unions is not founded
until 1 May 2002, the funds indicated in this paragraph shall
be distributed in equal parts to the Lithuanian Trade Unions
Centre, the Alliance of Trade Unions of Lithuania, the Labour
Federation of Lithuania, and the Workers Union of Lithuania.
12. After the Law on the Distribution of Property of Trade
Unions had been set forth in a new wording, the Law "On the
Property of Former State Trade Unions of the Lithuanian SSR"
was respectively amended. On 22 January 2002, the Seimas
adopted the Republic of Lithuania Law on the Amendment of
Articles 3 and 6 of the Law "On the Property of Former State
Trade Unions of the Lithuanian SSR".
By Article 1 of the 22 January 2002 Law on the Amendment
of Articles 3 and 6 of the Law "On the Property of Former State
Trade Unions of the Lithuanian SSR" Item 2 (wording of 20 July
2000) of Article 3 of the Law "On the Property of Former State
Trade Unions of the Lithuanian SSR" was amended: the words
"shall operate until 1 July 2001" were crossed out. Thus, the
former provision that the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment shall operate until 1 July 2001 was abolished.
By Paragraph 1 of Article 2 of the 22 January 2002 Law on
the Amendment of Articles 3 and 6 of the Law "On the Property
of Former State Trade Unions of the Lithuanian SSR" Paragraph 1
of Article 6 of the Law "On the Property of Former State Trade
Unions of the Lithuanian SSR" (wording of 24 June 1999) was
recognised as no longer valid, in which it used to be provided
that the property transferred to the Special Fund for Support
of the Functioning Trade Unions and Those in the Process of
Establishment may not be privatised or corporatised, also it
may not be sold or transferred otherwise save the cases
indicated in Paragraph 2 of this article; as it has been
mentioned, it was established in Paragraph 2 (wording of 20
July 2000) of Article 6 of the Law "On the Property of Former
State Trade Unions of the Lithuanian SSR" that the Council of
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment must hand over the
property and funds possessed and used by the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment as ownership to trade unions of
Lithuania under the procedure established by the Law on the
Distribution of Property of Trade Unions.
By Paragraph 2 of Article 2 of the 22 January 2002 Law on
the Amendment of Articles 3 and 6 of the Law "On the Property
of Former State Trade Unions of the Lithuanian SSR" Paragraph 2
(wording of 20 July 2000) of Article 6 of the Law "On the
Property of Former State Trade Unions of the Lithuanian SSR"
was amended and set forth as follows: "The Council of the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment must, within 2 months of
the entry of this Law into effect, establish the procedure for
possession, use and disposal of the property handed over to the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment and provide how one will
settle up for the obligations of public enterprises founded by
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment."
V
1. It is clear from the legal regulation of the property
possessed by state trade unions in Lithuania before the
restoration of the independent State of Lithuania that has been
adopted after the independent State of Lithuania was restored,
that this regulation was notably inconsistent,
self-contradictory and ambivalent. The provisions of laws and
other legal acts adopted by the Seimas frequently deny each
other, the formulations are used in a legally incorrect manner.
2. For example, it has been mentioned that by the 13 March
1990 Supreme Council Resolution "On the Status of the
Enterprises, Establishments and Organisations Which are under
the Union or the Union-Republic Jurisdiction" it was decided
that the property of all state enterprises, establishments and
organisations which are under the union or the union-republic
jurisdiction which are in the territory of the Republic of
Lithuania was property of the State of Lithuania. This
provision is also entrenched in the 30 July 1990 Supreme
Council Resolution "On the Support for Newly Established Trade
Unions and on the Property of Former State Trade Union
Organisations" in which it was held that "property of trade
unions which function in the Lithuanian SSR" "cannot be
property of only one group of people or association, since it
belongs to all people of Lithuania".
Thus, in both of the above acts of the Supreme Council the
property of the trade unions which functioned in Lithuania
before the restoration of the independent State of Lithuania is
recognised property of the State of Lithuania.
Meanwhile, under Article 3 of the 25 May 1993 Law "On the
Property of Former State Trade Unions of the Lithuanian SSR",
part of the property of former state trade unions of the
Lithuanian SSR, which, according to the said Supreme Council
resolutions of 13 March 1990 and 30 July 1990 had already been
recognised property of the State of Lithuania, is handed over
to the state as ownership once again, while part of this
property is handed over as ownership to the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment, however, this fund must, within 5
years, transfer this property to the functioning trade unions
or those in the process of establishment.
3. Having held that the property of former state trade
unions of the Lithuanian SSR had been inventoried, in the 1
June 1993 Seimas Resolution "On the Implementation of the
Republic of Lithuania Law 'On the Property of Former State
Trade Unions of the Lithuanian SSR'" particular objects were
pointed out which, though recognised as property of the State
of Lithuania by the aforesaid Supreme Council resolutions of 13
March 1990 and 30 July 1990, were repeatedly handed over to the
State of Lithuania, also particular objects were pointed out,
though recognised as property of the State of Lithuania by the
aforesaid Supreme Council resolutions of 13 March 1990 and 30
July 1990 as well, were transferred as ownership to the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment. This fund was handed over, inter
alia, part of the property of sanatoriums and rest-houses of
trade unions of Lithuania, however, it was not precisely
pointed out as to which objects and which part of the property
of sanatoriums and rest-houses was to be transferred as
ownership to the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment. It
needs to be noted that the formula "part of property of
sanatoriums and rest-houses of trade unions of Lithuania" of
Sub-Item 6 of Item 3 of the Seimas resolution of 1 June 1993
also implies that a certain part, which is not concretely
defined, of the property of sanatoriums and rest-houses was
treated as property of trade unions of Lithuania, though no
legal act had been adopted on the grounds of which the part of
the said property of sanatoriums and rest-houses of trade
unions of Lithuania would have become property of trade unions.
The analogous formula (formula "part of property of sanatoriums
and rest-houses of trade unions of Lithuania") of Sub-Item 7 of
Item 2 of the Seimas resolution of 1 June 1993 implies not only
that a certain portion, which is not concretely defined, of
sanatoriums and rest-houses was treated as property of trade
unions of Lithuania, though, as mentioned, no legal act had
been adopted on the grounds of which the part of the said
property of sanatoriums and rest-houses of trade unions of
Lithuania would have become property of trade unions, but also
that upon the entry of the Seimas resolution of 1 June 1993
into force the sanatoriums and rest-houses were handed over to
the state once again, although under the Supreme Council
resolutions of 13 March 1990 and 30 July 1990 they had been
property of the State of Lithuania.
In addition, a provision was established in the 1 June
1993 Seimas Resolution "On the Implementation of the Republic
of Lithuania Law 'On the Property of Former State Trade Unions
of the Lithuanian SSR'" under which it was proposed that the
Government compensate the trade unions of Lithuania for certain
objects which had been taken over and privatised, although
these objects by the aforesaid Supreme Council resolutions of
13 March 1990 and 30 July 1990 had been recognised as property
of the State of Lithuania. Thus, in the Seimas resolution of 1
June 1993 a provision was established whereby the state must
compensate the trade unions of Lithuania for the property which
at that time belonged by right of ownership to the state itself
and had never belonged by right of ownership to the trade
unions, thus the latter could not lose it.
Besides, the provision that one must compensate the trade
unions of Lithuania for the objects, property and funds handed
over as ownership to the state is also entrenched in Article 4
(wordings of 8 June 1995 and 20 July 2000) of the Law "On the
Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR". Thus, Article 4
(wordings of 8 June 1995 and 20 July 2000) of the Law "On the
Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" also established a
provision whereby the state must compensate the trade unions of
Lithuania for the property which at that time belonged by right
of ownership to the state itself and had never belonged by
right of ownership to the trade unions, thus the latter could
not lose it.
It has been mentioned that under Article 3 (wording of 25
May 1993) of the Law "On the Property of Former State Trade
Unions of the Lithuanian SSR" a part of property of former
state trade unions of the Lithuanian SSR is handed over as
ownership to the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment. Thus,
under Article 3 (wording of 25 May 1993) of the Law "On the
Property of Former State Trade Unions of the Lithuanian SSR",
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment is treated as the
owner of the property of the former state trade unions of the
Lithuanian SSR.
On the other hand, this article also provides that the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment must, within 5 years,
transfer this property to the functioning trade unions or those
in the process of establishment. Thus, although under Article 3
(wording of 25 May 1993) of the Law "On the Property of Former
State Trade Unions of the Lithuanian SSR" the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment is treated as the owner of the
property of former state trade unions of the Lithuanian SSR
which was transferred to it, the obligation established in the
same article to transfer this property within 5 years to the
existing or newly-established trade unions means that this
property was only temporarily handed over to the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment.
After Paragraph 2 of Article 3 of the 27 June 1995 Law "On
the Amendment and Supplement of the Republic of Lithuania Law
'On the Property of Former State Trade Unions of the Lithuanian
SSR'" supplemented Article 6 (wording of 23 February 1995) of
the Law "On the Property of Former State Trade Unions of the
Lithuanian SSR" with Paragraph 2 and established the provision
"must hand over the property possessed and used by the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment as ownership to trade unions of
Lithuania", one also established the legal regulation under
which the Special Fund for Support of the Functioning Trade
Unions and Those in the Process of Establishment only
temporarily holds and uses the property of former state trade
unions of the Lithuanian SSR.
The provision that the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment only temporarily holds and uses the
aforementioned property (thus, it is not its owner) is also
entrenched in the 21 December 1998 Law on the Amendment of
Article 6 of the Law "On the Property of Former State Trade
Unions of the Lithuanian SSR", the 24 June 1999 Law on the
Amendment and Supplement of Article 6 of the Law "On the
Property of Former State Trade Unions of the Lithuanian SSR",
the 21 December 1999 Law on the Amendment of Article 6 of the
Law "On the Property of Former State Trade Unions of the
Lithuanian SSR", the 23 May 2000 Law on the Amendment of
Article 6 of the Law "On the Property of Former State Trade
Unions of the Lithuanian SSR", the 20 July 2000 Law on the
Amendment of Articles 3 and 6 of the Law "On the Property of
Former State Trade Unions of the Lithuanian SSR", although the
formulation "property of former state trade unions of the
Lithuanian SSR <...> shall be transferred as ownership: <...>
2) to <...> the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment" of
Article 3 of the Law "On the Property of Former State Trade
Unions of the Lithuanian SSR" was not amended.
Thus, although under Article 3 of the Law "On the Property
of Former State Trade Unions of the Lithuanian SSR" a part of
property of former state trade unions of the Lithuanian SSR was
given over as ownership to the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment, it is clear from the overall legal regulation
established in this law that the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment was not the owner of the property handed over to
it but it only temporarily possessed and used it.
4. It has been mentioned that by the 13 March 1990 Supreme
Council Resolution "On the Status of the Enterprises,
Establishments and Organisations Which are under the Union or
the Union-Republic Jurisdiction" and 30 July 1990 Supreme
Council Resolution "On the Support for Newly Established Trade
Unions and on the Property of Former State Trade Union
Organisations", the property possessed, until the restoration
of the independent State of Lithuania, by state trade unions
which functioned in Lithuania, thus, including sanatoriums and
rest-houses possessed by them, is property of the State of
Lithuania. This provision is also reflected and realised by
Government Resolution No. 603 "On Certain Establishments and
Organisations of the Former State Trade Unions and Their
Property" of 31 December 1991, by which it was decided to
liquidate the Resorts Management Soviet of the Lithuanian
Republic Trade Unions, while the sanatorium-resort
establishments managed by this soviet were assigned to the
sphere of the regulation of the Ministry of Health Care, and
this ministry was commissioned to discharge the functions of
the founder of the said establishments. The provision that the
sanatoriums and rest-houses possessed, until the restoration of
the independent State of Lithuania, by state trade unions which
functioned in Lithuania is property of the State of Lithuania
is also reflected in the formula "sanatoriums and rest-houses
of Lithuania" of the provision of the 25 May 1993 Law "On the
Property of Former State Trade Unions of the Lithuanian SSR"
concerning establishment of the procedure of transfer and use
of the property of sanatoriums and rest-houses of Lithuania by
a separate resolution of the Seimas.
One is to pay attention to the fact that Sub-Item 7 of
Item 2 and Sub-Item 6 of Item 3 of 1 June 1993 Seimas
Resolution "On the Implementation of the Republic of Lithuania
Law 'On the Property of Former State Trade Unions of the
Lithuanian SSR'" employ the formula "sanatoriums and
rest-houses of trade unions of Lithuania" but not "sanatoriums
and rest-houses of Lithuania". Thus, when defining the
sanatoriums and rest-houses in Sub-Item 7 of Item 2 and
Sub-Item 6 of Item 3 of 1 June 1993 Seimas Resolution "On the
Implementation of the Republic of Lithuania Law 'On the
Property of Former State Trade Unions of the Lithuanian SSR'",
which are transferred as ownership to, inter alia, the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment, one indicates their different
legal status than that established in Article 5 of the 25 May
1993 Law "On the Property of Former State Trade Unions of the
Lithuanian SSR". The formula "sanatoriums and rest-houses of
trade unions of Lithuania" is employed also in Sub-Item 5 of
Item 3 of the aforesaid Seimas resolution (wording of 20 July
1994) and Sub-Item 6 of Item 1 of Chapter IV and Item 2 of
Chapter V of the Regulations of the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment approved by the 17 February 1994 Resolution "On
the Approval of the Regulations of the Special Fund for Support
of the Functioning Trade Unions and Those in the Process of
Establishment".
5. It has been mentioned that under Article 3 (wording of
25 May 1993) of the Law "On the Property of Former State Trade
Unions of the Lithuanian SSR" a part of property of former
state trade unions of the Lithuanian SSR (which, by the 13
March 1990 Supreme Council Resolution "On the Status of the
Enterprises, Establishments and Organisations Which are under
the Union or the Union-Republic Jurisdiction" and 30 July 1990
Supreme Council Resolution "On the Support for Newly
Established Trade Unions and on the Property of Former State
Trade Union Organisations", is recognised as property of the
State of Lithuania) is handed over as ownership to the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment; the said fund must, within 5
years, hand over this property to the functioning trade unions
and those in the process of establishment. When this provision
was still valid, the Seimas, on 8 June 1995, adopted the Law
"On the Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" in Article 2 whereof
it was established which objects and property as well as funds
registered in their balance are recognised as property of trade
unions of Lithuania and transferred to the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment.
Thus, under the valid provisions of one law, a certain
part of the property possessed by former state trade unions of
the Lithuanian SSR was recognised as property of the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment, while under another law valid at
the same time the same part of property was recognised as
property of trade unions of Lithuania but it was handed over to
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment.
It must be noted that when the property was recognised as
property of trade unions, these trade unions, the subject of
the right of ownership, were not named.
VI
1. It has been mentioned that under Article 3 of the Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR" "property of former state trade unions of the Lithuanian
SSR <...> shall be transferred as ownership: <...> 2) to <...>
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment, the regulations of
which are approved by the Seimas and which, within 5 years,
transfers the property to the existing and newly established
trade unions".
By Item 4 of the 1 June 1993 Seimas Resolution "On the
Implementation of the Republic of Lithuania Law 'On the
Property of Former State Trade Unions of the Lithuanian SSR'"
it was decided to establish the Council of the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment.
The Seimas approved, by the 17 February 1994 Resolution
"On the Approval of the Regulations of the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment", the Regulations of the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment. Although the said regulations were
subsequently amended and supplemented for more than once,
however, the provisions established therein on the purpose and
tasks of the Special Fund for Support of the Functioning Trade
Unions and Those in the Process of Establishment virtually have
remained unchanged: it has always been an institution empowered
to take over, distribute and hand over as ownership the
property possessed by former state trade unions to the
functioning trade unions and those in the process of
establishment. It has been mentioned in this Ruling of the
Constitutional Court that the said property is state-owned
property.
2. The legal regulation concerning the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment is also inconsistent,
self-contradictory and ambiguous.
It is clear from the overall legal regulation established
in the Regulations of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment that the founder of this Fund is the Seimas. This
fund may be liquidated by the Seimas by means of its resolution
(Item 1 of Chapter VI). The revocation of a member of the
council of the fund, the appointment of a new member are also
approved by the Seimas (Item 1 of Chapter V). The fund is
headed by its council, the composition of which is approved and
renewed by the Seimas (Item 1 of Chapter V).
According to the Regulations of the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment, this fund is a legal person (Item 3
of Chapter I), and a non-profit organisation (Item 2 of Chapter
I). Under Item 3 of Chapter III of the said regulations,
"representation of the interests of trade unions on property
issues of the Fund at institutions of state power and the
executive" is attributed to the competence of the fund, while
under Item 2 of Chapter VI, "disputes concerning the activity
of the Fund and distribution and hand-over of the property
possessed by it to individual trade unions shall be decided
under judicial procedure".
It was provided for in Item 1 of Chapter V (wording of 17
February 1994) of the Regulations of the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment that the council of this fund is
composed of representatives of the Lithuanian Trade Unions
Centre, the Alliance of Trade Unions of Lithuania, the
Community of Trade Unions of Lithuania, the Workers Union of
Lithuania, the Labour Federation of Lithuania and of
non-associated trade unions as well as 6 representatives of the
Government and other state institutions. By Item 2 of the 20
July 1994 Seimas Resolution "On the Amendment and Supplement of
the Regulations of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment" Chapter V of the said regulations was amended
and it was inter alia provided in its Item 1 that "the Fund
shall be headed by the Council of the Fund, composed of fifteen
representatives of trade unions".
It was established in Item 4 of Chapter V of the
Regulations of the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment that
"the executive institution of the Fund shall be financed from
the funds of the Fund under the financial expenditures estimate
approved by the Council of the Fund". It needs to be noted that
the said fund was funded from the State Budget (the 2 December
1997 Republic of Lithuania Law on Approving the Financial
Indicators of the 1998 State Budget and Municipal Budgets, the
3 December 1998 Republic of Lithuania Law on Approving the
Financial Indicators of the 1999 State Budget and Municipal
Budgets, the 19 December 2000 Republic of Lithuania Law on
Approving the Financial Indicators of the 2001 State Budget and
Municipal Budgets).
It needs to be noted that, on 4 August 1995, the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment was registered at the then
Ministry of Economy of the Republic of Lithuania as "a
non-profit enterprise", the main function of which was "health
care and social work".
It is clear from the above-discussed legal regulation of
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment that this fund has
characteristics of a state institution as well as of a
non-governmental organisation. Thus, in the Regulations of the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment a legal regulation has
been established from which it is impossible to unambiguously
decide as for the legal status of this institution.
Such indetermination of the legal status of the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment is also conditioned by the fact
that under Article 3 (wording of 25 May 1993) of the Law "On
the Property of Former State Trade Unions of the Lithuanian
SSR", a part of property of former state trade unions of the
Lithuanian SSR was transferred as ownership to this fund
(which, within 5 years, had to hand over this property to the
functioning trade unions or those in the process of
establishment), while under Paragraph 2 (wording of 27 June
1995) of Article 6 of this law, the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment only temporarily shall possess and use this
property, thus it is not its owner.
3. It has been mentioned that Article 1 (wording of 20
July 2000) of the Law on the Distribution of Property of Trade
Unions held that this law was adopted on the grounds of the
fact that the Council of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment had not followed the Law "On the Property of
Former State Trade Unions of the Lithuanian SSR" and other
requirements of legal acts regulating issues of property of
trade unions of Lithuania and that it had not performed the
functions assigned to it, also, that by the Law on the
Distribution of Property of Trade Unions it is attempted to
protect the value of the national wealth of Lithuania-buildings
and other property which used to belong to the trade unions-to
properly possess and use it, and to create an opportunity for
trade unions to effectively use this property and funds for the
implementation of their aims. It was established in Article 5
(wording of 20 July 2000) of the Law on the Distribution of
Property of Trade Unions that the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment shall be liquidated and the powers of the council
of this fund shall be terminated as of 1 July 2001.
It has also been mentioned that by Article 1 of the 20
July 2000 Law on the Amendment of Articles 3 and 6 of the Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR" Item 2 (wording of 27 June 1995) of Article 3 of the Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR" was amended. Under Item 2 (wording of 20 July 2000) of
Article 3 of the Law "On the Property of Former State Trade
Unions of the Lithuanian SSR", the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment shall operate until 1 July 2001. By Article 2 of
the said Law on the Amendment of Articles 3 and 6 of the Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR" Paragraph 2 (wording of 23 May 2000) of Article 6 of the
Law "On the Property of Former State Trade Unions of the
Lithuanian SSR" was amended and set forth as follows: "The
Council of the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment must
hand over the property as well as the funds possessed and used
by the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment as ownership to trade
unions of Lithuania under the procedure provided for by the Law
on the Distribution of Property of Trade Unions."
Under the above-mentioned laws, as of 1 July 2001 the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment could no longer be
operational.
However, the said fund continued its activities de facto
also after 1 July 2001. This is confirmed by subsequent legal
regulation as well as the testimony of witnesses in this case.
It has been mentioned that by Article 1 of the 22 January
2002 Law on the Amendment of Articles 3 and 6 of the Law "On
the Property of Former State Trade Unions of the Lithuanian
SSR" the provision of Item 2 (wording of 20 July 2000) of
Article 3 of the Law "On the Property of Former State Trade
Unions of the Lithuanian SSR" that the Special Fund for Support
of the Functioning Trade Unions and Those in the Process of
Establishment shall operate until 1 July 2001 was abolished.
After the provision that the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment shall operate until 1 July 2001 had been
abolished, a legal situation was created that allegedly there
had not been any legal regulation established by a law under
which the Special Fund for Support of the Functioning Trade
Unions and Those in the Process of Establishment had been
liquidated, and preconditions were created to believe that the
said fund had never been liquidated, that it was also
operational at the time of the adoption of the said Law on the
Amendment of Articles 3 and 6 of the Law "On the Property of
Former State Trade Unions of the Lithuanian SSR", i.e. on 22
January 2002. Thus, the legislator confirmed a retroactive
provision by which it was attempted to retroactively restore
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment which had been
liquidated by the law, and thus, by backdating, to legalise its
activities which had not been discontinued de facto.
It is established in Paragraph 1 of Article 2 of the Law
on the Distribution of Property of Trade Unions (wording of 22
January 2002) that the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment shall hold, use and dispose of the property
handed over to it, save the property indicated in Article 3 of
this law, under the procedure established by the Council of the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment, while Paragraph 2 of
this article provides that the funds of the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment and the funds received as the result
of possession, use and disposal of the property handed over to
this fund, shall be transferred to the Fund for Support of
Trade Unions. Article 5 of the same law provides that the
Council of new composition of the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment shall be established, while Article 4 thereof
contains a provision that the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment is to be liquidated, while the powers of the
council of this fund shall be terminated by a separate Seimas
resolution, when one has settled up with the obligations of
public enterprises established with the funds of the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment, the property possessed by this
fund is transferred as ownership to individual trade unions or
municipalities, or this property is sold and the funds have
been transferred to the entities indicated in Paragraph 2 of
Article 2 of this law, i.e. the Lithuanian Trade Unions Centre,
the Alliance of Trade Unions of Lithuania, the Labour
Federation of Lithuania, and the Workers Union of Lithuania.
Thus, also by the legal regulation established in the Law
on the Distribution of Property of Trade Unions (wording of 22
January 2002) a legal situation (identical to the one mentioned
above) was created that allegedly there had not been any legal
regulation established by a law under which the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment had been liquidated, and preconditions
were created to believe that the said fund had never been
liquidated, that it was also operational at the time of the
adoption of the Law on the Distribution of Property of Trade
Unions of a new wording, i.e. on 22 January 2002. Thus, also in
this case the legislator confirmed retroactive provisions by
which it was attempted to retroactively restore the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment which had been liquidated by the
law, and thus, by backdating, to legalise its activities which
had not been discontinued de facto.
VII
1. According to the Constitution, the state is a subject
of the right of ownership. Different property may belong to the
state by right of ownership. On the other hand, certain
property can belong by right of ownership only to the state.
Paragraph 1 of Article 47 of the Constitution establishes that
the right of exclusive ownership of the subterranean, as well
as internal waters, forests, parks, roads, historical,
archaeological and cultural objects of state importance shall
belong to the Republic of Lithuania.
The state is an organisation of the entire society. The
property that belongs to it by right of ownership has to be
possessed in such a way that it would serve the common welfare
of the nation, and the general interest of the whole society.
The state-owned property is one of the means for guaranteeing
the public interest, and social harmony. It needs to be noted
that institutions of state authority and other state
institutions which are empowered to adopt decisions concerning
the possession, use and disposal of the property which belongs
to the state by right of ownership, are not themselves the
owners of that property-it belongs to the entire state.
Therefore all state institutions which have the powers to
adopt decisions concerning the possession, use and disposal of
the property that belongs to the state by right of ownership,
must observe the norms and principles of the Constitution.
Under the Constitution, the property of the state may not be
possessed, used and disposed of in such a manner that it would
satisfy the interests or needs of only one social group or
separate persons, if this does not comply with the public
interest and needs of the society.
2. Paragraph 2 of Article 128 of the Constitution provides
that the procedure concerning the possession, use, and disposal
of state-owned property shall be established by law.
The Constitution shall be an integral act (Paragraph 1 of
Article 6 of the Constitution). The Constitutional Court in its
rulings has held for more than once that the principles and
norms of the Constitution comprise a harmonious system (rulings
of 18 October 2000, 25 November 2002, 4 July 2003), that there
exists a balance between the values which are consolidated in
the Constitution (rulings of 23 October 2002, 4 March 2003). No
provision of the Constitution may be construed so that the
content of another constitutional provision would be distorted
or denied, since thus the essence of the whole constitutional
regulation would be distorted and the balance of values
consolidated in the Constitution would be disturbed.
The content of the provisions of Paragraph 2 of Article
128 of the Constitution is to be construed systematically,
while taking account, in the context of the entire
constitutional regulation, inter alia, of Paragraph 2 of
Article 23 of the Constitution according to which the rights of
ownership shall be protected by laws, Paragraph 1 of Article 46
which provides that Lithuania's economy shall be based on the
right of private ownership and individual freedom of economic
activity and initiative, Paragraph 3 of the same article which
establishes that the state shall regulate economic activity so
that it serves the general welfare of the nation, Paragraph 4
of the same article which consolidates that the law shall
prohibit monopolisation of production and the market and shall
protect freedom of fair competition, provisions of Article 47
of the Constitution which consolidate the right of exclusive
ownership of the state of certain objects as well as establish
what objects may belong to foreign subjects by right of
ownership, and the provision of Paragraph 1 of Article 134 of
the Constitution that state control shall supervise the
lawfulness of the possession and use of state-owned property
and the execution of the State Budget.
The provisions of Paragraph 2 of Article 128 of the
Constitution are inseparable from the provisions of the
Constitution which consolidate such constitutional values as
independence of the state and integrity of its territory,
security of the state, welfare of the nation, public order and
justice. They are also inseparable from the provisions of the
Constitution which entrench various constitutional obligations
of the state: the state shall protect and take care of family,
motherhood, fatherhood, and childhood (Article 38 of the
Constitution); the state shall take care of families that are
raising and bringing up children at home and shall render them
support in accordance with the procedure established by law
(Article 39 of the Constitution); education at state and
municipal schools of general education, vocational schools and
schools of further education shall be free of charge (Paragraph
2 of Article 41 of the Constitution); citizens who study well
shall be guaranteed education at state schools of higher
education free of charge (Paragraph 3 of Article 41 of the
Constitution); the state shall support culture and science and
shall protect Lithuanian historical, art, and cultural
monuments and other culturally valuable objects (Paragraph 2 of
Article 42 of the Constitution); the state shall render support
to ethnic communities (Paragraph 2 of Article 45 of the
Constitution); the state shall guarantee the right of citizens
to receive old age and disability pensions, as well as social
assistance in the event of unemployment, sickness, widowhood,
loss of breadwinner, and other cases provided for in laws
(Article 52 of the Constitution); the state shall look after
the health of the people and shall guarantee medical aid and
services for the human being in the event of sickness
(Paragraph 1 of Article 53 of the Constitution); the state
shall promote physical culture of the society and shall support
sport (Paragraph 2 of Article 53 of the Constitution); the
state shall look after the protection of the natural
environment, its fauna and flora, individual objects of nature
and districts of particular value, and shall supervise that
natural resources be used moderately and that they be restored
and augmented (Paragraph 1 of Article 54 of the Constitution);
the state shall take care of and provide for servicemen who
lost their health during military service, as well as for the
families of servicemen who lost their lives or died during
military service (Paragraph 1 of Article 146); the state shall
also provide for citizens who lost their health while defending
the state, and for the families of citizens who lost their
lives or died while defending the state (Paragraph 2 of Article
146 of the Constitution), as well as other provisions of the
Constitution.
Paragraph 2 of Article 128 of the Constitution is to be
construed while taking account also of the constitutional
principle of a state under the rule of law and the provision of
Paragraph 2 of Article 5 of the Constitution that the scope of
power shall be limited by the Constitution.
3. Ownership obligates (Constitutional Court rulings of 21
December 2000 and 14 March 2002). This constitutional
imperative is to be addressed not only to the subjects of the
private ownership right, but also to the state and
self-government institutions and officials that have the powers
to adopt decisions concerning the possession, use and disposal
of the property which belongs to the state by right of
ownership. Consequently, it is not permitted to establish such
legal regulation according to which the property that belongs
to the state by right of ownership would be possessed, used and
disposed of in such a manner that the interests of only one
social group or separate persons would be satisfied and this
property would not serve the public interest, need of society,
welfare of the nation. This welfare may not be understood only
in the material (or financial) sense (Constitutional Court
rulings of 13 February 1997 and 6 October 1999).
State-owned property is not an end in itself, it must
render benefit for the society. The social function of
state-owned property has to be emphasised. While acting in the
interests of the society, state institutions must serve the
common well of the nation. According to Paragraph 1 of Article
134 of the Constitution, state-owned property must be possessed
and used lawfully; this is supervised by state control.
It needs to be noted in the context of the case under
consideration that the provision of Paragraph 2 of Article 23
of the Constitution that the rights of ownership shall be
protected by laws also means that the laws must protect the
rights of all owners, therefore also the right of ownership of
the state as the organisation of the entire society.
The requirement to treasure state-owned property and not
to waste it follows from the striving for an open, harmonious
and just civil society which is consolidated in the Preamble of
the Constitution, the constitutional principle that ownership
obligates, Paragraph 2 of Article 23 of the Constitution
according to which the rights of ownership shall be protected
by laws, the provision of Paragraph 2 of Article 128 of the
Constitution that the procedure concerning the possession, use,
and disposal of state-owned property shall be established by
law, and from other provisions of the Constitution. Such
property has to be possessed rationally.
Under the Constitution, the legislator is obligated to
establish by laws such legal regulation for the possession, use
and disposal of the state-owned property so that this property
would be used for the needs of the society, would serve the
public interest, and the welfare of the nation. While
establishing this legal regulation, the legislator must observe
the Constitution and not violate the constitutional rights of
the state as the subject of the right of ownership, nor those
of other persons.
4. The fact that under the Constitution the state-owned
property must be treasured and not wasted does not mean that it
may not be transferred as ownership to other subjects (except
the objects which belong to the Republic of Lithuania by right
of exclusive ownership).
The transfer of property as ownership (also including its
privatisation), which belongs by right of ownership, to the
state to other subjects may be constitutionally justifiable
only if it renders more benefit to the society, when by this
transfer significant, constitutionally grounded needs/interests
of society are sought to be satisfied. Such transfer, both
repayable and gratuitous, would be constitutionally
unjustifiable if it caused evident harm to the society, and
violated the rights of other persons.
The provision of Paragraph 2 of Article 128 of the
Constitution that the procedure concerning the possession, use,
and disposal of state-owned property shall be established by
law means that the transfer of the property which belongs by
right of ownership to the state as ownership to other subjects
must be based on the law, the laws must inter alia establish
the state institutions which have the powers to adopt decisions
concerning the transfer of the property which belongs by right
of ownership to the state as ownership to other subjects, and
the powers of these institutions to transfer the said property,
as well as the conditions and procedure of this transfer of the
property. It is not permitted to establish such legal
regulation according to which the property that belongs to the
state by right of ownership would be transferred as ownership
to other subjects in order to satisfy the interests or needs of
only one social group or individual persons, if this does not
comply with the need of society, the public interest, or does
not serve the welfare of the nation. On the other hand, the
legal regulation of the transfer of state-owned property as
ownership to other subjects may not be such, according to which
the restriction of the right of state institutions to dispose
of this property would interfere with the implementation of
functions established to them.
It also needs to be noted that the legislator, while
observing the Constitution and taking account of various
factors, may establish the regime (conditions and procedure of
the use) of the property which is being transferred as
ownership to other subjects in order to further safeguard the
interests of the society, the welfare of the nation, to
implement the values which are entrenched in the Constitution.
5. It has been mentioned that the requirement to treasure,
not waste and rationally possess state-owned property follows
from the Constitution.
It needs to be noted that the situations may occur when
the state for certain reasons temporarily in fact possesses and
uses the property which does nor belong to it by right of
ownership.
Therefore, in case there objectively occurs a situation,
when the state temporarily in fact holds and uses property
which does nor belong to it by right of ownership, this
property must also be possessed and used observing the same
constitutional requirements while possessing and using the
property which belongs to the state by right of ownership, i.e.
it has also to be treasured, not wasted and rationally
possessed.
This constitutional imperative is also to be applied to
the property which is temporarily in fact possessed and used by
the state, which was illegally nationalised or disseized in
other unlawful ways by the occupation government and in regard
of which the rights of ownership may be restored according to
the law.
VIII
It has been mentioned that the petitioner requests to
investigate as to whether the provision of Item 8 of Article 2
of the Law "On the Establishment of the Property of the
Sanatorium-Resort Establishments and Rest-Houses Which Used to
Be Possessed by Former Trade Unions of the Lithuanian SSR" that
the Anykščiai rehabilitation centre (former rest-house
"Šilelis") is transferred as ownership to trade unions, to the
extent that also the administrative building was transferred,
which is registered in the Real Property Register as property
object 2.12, unique No. 34/962-0056-01-0, and the provision of
Paragraph 5 (wording of 20 July 2000) of Article 3 of the Law
on the Distribution of Property of Trade Unions that the
Anykščiai rehabilitation centre (former rest-house "Šilelis")
is transferred as ownership to trade unions, to the extent that
also the administrative building was transferred, which is
registered in the Real Property Register as property object
2.12, unique No. 34/962-0056-01-0, are not in conflict with
Article 23 of the Constitution.
The petitioner doubts the constitutionality of the legal
regulation whereby the said building has been transferred as
ownership to trade unions but has not been returned to heirs of
the owner of the property.
It has been held in this Ruling that the aforesaid
building is part of the complex of buildings of the Anykščiai
rehabilitation centre (former rest-house "Šilelis"). The
Anykščiai rehabilitation centre (former rest-house "Šilelis")
is a sanatorium-resort (healthcare) establishment, at present
the owners of the complex of buildings of which are the trade
union "Solidarumas", the Labour Federation of Lithuania, and
the Confederation of Trade Unions of Lithuania. Under Item 8 of
Article 2 of the Law "On the Establishment of the Property of
the Sanatorium-Resort Establishments and Rest-Houses Which Used
to Be Possessed by Former Trade Unions of the Lithuanian SSR"
and Paragraph 5 (wording of 20 July 2000) of Article 3 of the
Law on the Distribution of Property of Trade Unions, not an
individual building but the entire complex of buildings of the
said sanatorium-resort (healthcare) establishment was
transferred as ownership to these trade unions.
In this Ruling it has also been held that the transfer of
property as ownership (also including its privatisation), which
belongs by right of ownership to the state, to other subjects
may be constitutionally justifiable only if it renders more
benefit to the society, when by this transfer significant,
constitutionally grounded needs/interests of society are sought
to be satisfied, also that such transfer, both repayable and
gratuitous, would be constitutionally unjustifiable if it
caused evident harm to the society, and violated the rights of
other persons.
2. It has been held that upon the restoration of the
independent State of Lithuania, the issues of property of
Lithuania, which until then had been possessed by USSR
institutions, thus also that of state trade unions which had
functioned in Lithuania, which had been possessed by them prior
to the restoration of the independent State of Lithuania, were
decided. Until the restoration of the independent State of
Lithuania, the trade unions which functioned in Lithuania were
a part of the system of USSR trade unions, virtually they were
a part of the state mechanism of the USSR through which the
state discharged certain social and other functions.
Only after the restoration of the independent State of
Lithuania there appeared legal pre-conditions for development
of a civil society, for unfolding of people's social activity,
thus, also for the formation of free trade unions, one of the
elements of a civil society. Free trade unions may establish
themselves and function only in an independent democratic
state. It needs to be noted that after the restoration of the
independence of the Republic of Lithuania, soon legal acts
began to be adopted by which one attempted to create
pre-conditions for establishment and functioning of independent
trade unions, and to render them material support at the
initial stage of their formation and activities.
It has been mentioned that, on 30 July 1990, the Supreme
Council adopted the Resolution "On the Support for Newly
Established Trade Unions and on the Property of Former State
Trade Union Organisations" in which it is provided that part of
the property of state trade unions which functioned in
Lithuania before the restoration of the independent State of
Lithuania "is to be transferred to trade unions which are in
the process of establishment or newly established ones".
Thus, at the same time an intention was stated to support
the independent trade unions which were in the process of
establishment or newly established ones by rendering them part
of the property of state trade unions which used to function in
Lithuania before the restoration of the independent State of
Lithuania, i.e. property which belonged to the State of
Lithuania by right of ownership.
This intention to support the independent trade unions
which were in the process of establishment or newly established
ones by rendering them part of the property of former state
trade unions, stated in the 30 July 1990 Supreme Council
Resolution "On the Support for Newly Established Trade Unions
and on the Property of Former State Trade Union Organisations",
was implemented after the Constitution adopted in the 25
October 1992 Referendum of the Nation had gone into effect, by
the Seimas adopting laws and other legal acts, among them the
laws whose provisions are disputed in the case at issue.
3. Article 50 of the Constitution provides:
"Trade unions shall establish themselves freely and
function independently. They shall defend the professional,
economic, and social rights and interests of employees.
All trade unions shall have equal rights."
Article 50 of the Constitution formulates the basic
principles of the status and activities of trade unions and
indicates the functions of trade unions.
While interpreting these provisions of the Constitution,
the Constitutional Court held in its ruling of 14 January 1999
that trade unions are voluntary and independent organisations
of employees. The employees join trade unions in order to
defend their rights in an organised way. A person who joins a
trade union, of his own free will chooses this organisation as
one of the forms of the protection of his labour rights and
interests. Article 50 of the Constitution is linked with
Article 35 of the Constitution which guarantees the right of
citizens to freely form societies, political parties, and
associations, provided that the aims and activities thereof are
not inconsistent with the Constitution and laws.
The status and principles of activities of trade unions
established in the Constitution together with the striving for
an open, just, and harmonious civil society and state under the
rule of law and the democratic character of the State of
Lithuania established in the Constitution imply the principle
of autonomy of trade unions with regard to the state and its
institutions.
In this context it should be noted that the provision of
Paragraph 1 of Article 50 of the Constitution that trade unions
shall establish themselves freely and function independently
inter alia means that trade unions are independent of state
power and other state institutions, of employers and their
organisations as well as of other organisations. Only the
freely united trade unions which are functioning independently
of state power and other state institutions, of employers and
their organisations as well as of other organisations can
protect the professional, economic and social rights and
interests of employees. Under the Constitution, there may be no
such legal regulation which would restrict or deny the
constitutional right of trade unions establish themselves
freely and function independently while defending the
professional, economic, and social rights and interests of
employees.
4. The provision of Paragraph 1 of Article 50 of the
Constitution that trade unions shall establish themselves
freely and function independently draws the limits of the
interaction between the state and trade unions. Alongside, the
constitutional limits of support rendered by the state to trade
unions are drawn. Without violating the provisions of the
Constitution and taking account of the fact that under the
Constitution (Paragraph 2 of Article 50) all trade unions shall
have equal rights, at the initial stage of the establishment
and activities of free trade unions the state could render
material (also financial) support to the trade unions which
were in the process of establishment or the newly-established
trade unions (their alliances) of Lithuania so that they might
start their activities and independently discharge the
functions of trade unions entrenched in the Constitution. This
state support cannot be permanent. At this initial stage the
state support rendered to trade unions is to be linked not with
the discharging of functions by the trade unions which,
according to the Constitution, act independently, but with the
establishment and beginning of activities of trade unions as
one of elements of a civil society. Under the Constitution, no
legal regulation is permitted under which the state would
render such support to trade unions, or that it would render it
in such ways so that legal preconditions might be created to
violate the independence of activities of trade unions, and to
make them dependent on the state and thus to restrict the
opportunities of trade unions to defend the professional,
economic, and social rights and interests of employees. Also,
it is not permitted to establish any such legal regulation
under which the state would render such support to trade
unions, or that it would render it in such ways so that the
equality of trade unions could be violated.
It follows from Paragraph 1 of Article 50, Paragraph 2 of
Article 23, Paragraph 2 of Article 128 of the Constitution, the
constitutional principle of a state under the rule of law as
well as other provisions of the Constitution that the state was
permitted to support the trade unions which were in the process
of establishment or which were established at that time only
with such property (premises etc.) belonging to the state by
right of ownership which was necessary for the trade unions to
establish themselves and start their activities.
The state, while supporting trade unions which are in the
process of establishment, cannot absolutely freely transfer to
them any property. State institutions, which have powers to
adopt decisions on the possession, use and disposal of the
property belonging to the state by right of ownership, while
deciding the issue of hand-over of property belonging to the
state as ownership to trade unions, are bound by the
Constitution.
It has been mentioned that while transferring state-owned
property as ownership to other entities, one must take account
of the fact that it is not permitted to establish such legal
regulation according to which the property that belongs to the
state by right of ownership would be transferred as ownership
to other subjects in order to satisfy the interests or needs of
only one social group or individual persons, if this does not
comply with the need of society, the public interest, or does
not serve the welfare of the nation.
It has also been mentioned that under the Constitution
state-owned property must be treasured, not wasted and
possessed rationally, and that this constitutional imperative
is also to be applied to the property which is temporarily in
fact possessed and used by the state, which was illegally
nationalised or disseized in other unlawful ways by the
occupation government and in regard of which the rights of
ownership may be restored according to the law.
5. It has been held in this Ruling of the Constitutional
Court that the intention to support the independent trade
unions which were in the process of establishment or newly
established ones by rendering them part of the property of
former state trade unions, stated in the 30 July 1990 Supreme
Council Resolution "On the Support for Newly Established Trade
Unions and on the Property of Former State Trade Union
Organisations", was implemented after the Constitution adopted
in the 25 October 1992 Referendum of the Nation had gone into
effect. It needs to be noted that this intention was expressed
at the time when the state had recently regained its
independence, while the civil society was only coming into
being. Establishment of free trade unions is to be assessed as
one of the pre-conditions of the constitutional striving for an
open, just, and harmonious civil society. The principle
decision taken at that time that the state will support the
trade unions which were in the process of establishment or the
established ones virtually was in line with the constitutional
striving for an open, just, and harmonious civil society and
state under the rule of law.
Also, it should be noted that the state support for the
trade unions which were in the process of establishment or the
established ones, i.e. transfer of state-owned property to
them, was determined by the fact that after the restoration of
the independent State of Lithuania new and free trade unions
were establishing themselves, which are one of the elements of
a civil society. At present free trade unions already exist in
Lithuania. At the initial stage of their establishment and
activities the state was permitted to transfer its property
belonging to it by right of ownership to trade unions only in
order that conditions might be created for free trade unions to
establish themselves and start their activities. This initial
stage is over now.
6. It needs to be noted that under the Constitution trade
unions, in order that they might discharge their functions, can
possess various property by right of ownership. However, this
does not mean that state institutions can transfer as ownership
enterprises, establishments and organisations belonging to the
state by right of ownership to trade unions: trade unions are
not economic organisations, they establish themselves not for
economic activities or public administration. By such transfer
one would violate Paragraph 2 of Article 128, Paragraph 1 of
Article 50, Paragraph 2 of Article 23 of the Constitution, as
well as Paragraph 2 of Article 5 of the Constitution and the
constitutional principle of a state under the rule of law.
IX
1. It has been held in this Ruling of the Constitutional
Court that at the time when the issues of the property
possessed by the state trade unions which functioned in
Lithuania before the restoration of the independent State of
Lithuania were being decided, the process of the restitution of
the property that had been nationalised or otherwise unlawfully
disseized had started and was taking place as well.
2. After the occupation government had carried out
nationalisation in 1940 and later as well as after private
property had been disseized in other unlawful ways, the innate
human right to possess private property was denied. On the
basis of such arbitrary acts of the occupation government,
lawful state or public property could not appear and it did not
appear, since no right can appear on the grounds of
unlawfulness. In its rulings of 27 May 1994 and 4 March 2003
the Constitutional Court held that the property taken from
people in such a way, may be considered as property which is
only in fact possessed by the state.
On 15 November 1990, while recognising the succession and
restoration of rights of ownership, the Supreme Council adopted
a principle decision and confirmed these provisions: succession
of the rights of ownership of citizens of Lithuania is
unquestionably recognised; citizens of Lithuania have the right
to retrieve in kind, within the limits and procedure defined by
the law, the property that belonged to them, while in the
absence of an opportunity to retrieve it, to be compensated
for.
It was impossible to restore by means of the laws valid at
that time the rights of ownership which had been violated by
unlawfully disseizing private property. For this, it was
necessary to establish a special (ad hoc) legal regulation.
While regulating, by laws, the restoration of the rights of
ownership which had been denied, one had to take account of the
fact that during the occupation years different property,
social and economic relations of people appeared, there
occurred other objective circumstances due to which it was
impossible to completely restore the rights of ownership (to go
back to the initial situation).
On 18 June 1991, the Supreme Council adopted the Law "On
the Restoration of the Rights of Ownership of Citizens to the
Existing Real Property", in which it was provided as to what
persons, what property and under what conditions the rights of
ownership were to be restored. It is clear from the legal
regulation established in this law that one chose limited
restitution but not restitutio in integrum. The said law was
later amended and/or supplemented for many a time, but the
principle that restitution is limited has remained.
3. Under Article 2 (wording of 18 June 1991) of the Law
"On the Restoration of the Rights of Ownership of Citizens to
the Existing Real Property", only the former owner of the
existing real property himself was permitted to have his rights
to the said property restored, provided that he was a citizen
of the Republic of Lithuania under the laws of the Republic of
Lithuania and permanently resided in Lithuania, also, in the
event that the former owner of the property was no longer
living, the children (adopted children), parents (foster
parents), or spouse of the former owner, provided they were
citizens of the Republic of Lithuania under the laws of the
Republic of Lithuania and permanently resided in Lithuania.
The provision of the Law "On the Restoration of the Rights
of Ownership of Citizens to the Existing Real Property" that
only citizens of Lithuania had an opportunity to restore their
rights of ownership to the existing real property, who
permanently resided in the Republic of Lithuania, remained
during the whole time of the validity of this law.
4. Under Paragraph 2 (wording of 18 June 1991) of Article
8 of the Law "On the Restoration of the Rights of Ownership of
Citizens to the Existing Real Property", the procedure and
terms of the returning of residential houses (or parts thereof)
shall be established by the Government on the basis, inter
alia, of the provision that the residential houses are returned
in kind when they have been reconstructed into non-residential
premises (Item 1).
It is impossible to assess Article 8 (wording of 18 June
1991) of the Law "On the Restoration of the Rights of Ownership
of Citizens to the Existing Real Property" separately from
Article 14 (wording of 18 June 1991) of the same law, in which
it was established that residential houses shall be bought out
by the state from persons specified in Article 2 of this law if
they, in the opinion of the Government, are indispensable for
state necessities or if: (1) they have been expanded, rebuilt,
or reconstructed into non-residential premises and if they have
not been given to scientific, medical, cultural, educational or
communications establishments; (2) it is a wooden residential
house which has been substantially improved, or if the house
has been augmented, rebuilt, or reconstructed, thereby
increasing the gross floor area by more than 1/3, in a manner
which makes it impossible to separate the additional gross
floor area from the original one.
The provision that residential houses if they have been
expanded, rebuilt, or reconstructed into non-residential
premises and if they have not been given to scientific,
medical, cultural, educational or communications establishments
are to be returned in kind remained during the whole time of
the validity of the Law "On the Restoration of the Rights of
Ownership of Citizens to the Existing Real Property".
On 3 July 1995, the Seimas adopted the Law "On the
Amendment and Supplement of the Republic of Lithuania Law 'On
the Procedure and Conditions of Restoration of the Rights of
Ownership of Citizens to the Existing Real Property'" whereby
Article 14 (wording of 18 June 1991) of the Law "On the
Procedure and Conditions of Restoration of the Rights of
Ownership of Citizens to the Existing Real Property" was
abolished, while Article 8 (wording of 18 June 1991) of the
same law was supplemented with the words "and have not been
transferred to scientific, health care, cultural, educational
and communications establishments".
5. Under Paragraph 1 of Article 10 (wording of 18 June
1991) of the Law "On the Procedure and Conditions of
Restoration of the Rights of Ownership of Citizens to the
Existing Real Property", persons defined in Article 2 of this
law may file requests to reclaim the existing real property, or
for the compensation thereof, with the boards of the town or
district in which the existing real property is located, prior
to 31 December 1991. Subsequently this term was prolonged for
several times; the final established term was 30 April 1994.
6. The Law "On the Procedure and Conditions of Restoration
of the Rights of Ownership of Citizens to the Existing Real
Property" became no longer valid upon the entry into effect of
the Law on the Restoration of the Rights of Ownership of
Citizens to the Existing Real Property, which was adopted by
the Seimas on 1 July 1997. It was provided in Article 2 of this
law that ownership rights to the real property shall be
restored to the following citizens of Lithuania: (1) the owner
of the property; (2) the persons to whom the dead owner of the
property left his property by a will, irrespective of the fact
that there is no evidence of the fact of devise of land or
other real property; (3) the spouse, parents (foster parents),
children (adopted children) of the owner of the property who
died without making a will-to a portion of the existing real
property they are entitled whereto; and (4) the spouse,
children (adopted children) of the child (adopted child) of the
owner of the property-to a portion of the existing real
property the deceased is entitled whereto. Under this legal
regulation the requirement of permanent residence in the
Republic of Lithuania is no longer applied to the citizens
claiming restoration of their rights of ownership to the
existing real property.
Later Article 2 (wording of 1 July 1997) of the Law on the
Restoration of the Rights of Ownership of Citizens to the
Existing Real Property was amended and/or supplemented for more
than once, however, it did not establish the condition that
citizens must permanently reside in the Republic of Lithuania
so that their rights of ownership to the existing real property
might be restored.
7. A provision was established in Paragraph 1 (wording of
1 July 1997) of Article 8 of the Law on the Restoration of the
Rights of Ownership of Citizens to the Existing Real Property
that ownership rights to residential houses, portion thereof,
flats shall be restored to citizens by returning them in kind,
except the residential houses, portion thereof, flats which are
subject to the state buy-out pursuant to Article 15 of this
law. Although Article 8 of the same law was subsequently
amended, however, the said provision remained unchanged.
It is impossible to assess Article 8 (wording of 1 July
1997) of the Law on the Restoration of the Rights of Ownership
of Citizens to the Existing Real Property separately from
Article 15 (wording of 1 July 1997) of the same law, in which
it was established:
"Residential houses, parts thereof, flats shall be bought
out by the State from the citizens specified in Article 2 of
this Law and it shall be compensated for them according to
Article 16 of this Law, provided:
1) they have been reconstructed into non-residential
premises and used for educational, health care, cultural,
scientific needs, and by communal care residences. The list of
these premises shall be approved by the Government;
2) they have been substantially reconstructed to such an
extent that more than 60 percent of the main constructions have
been altered and it is impossible to separate the newly created
gross floor area from the former one, if the gross floor area
exceeds the former by 30 per cent;
3) one has acquired private ownership thereof according to
laws."
In its ruling of 27 October 1998, the Constitutional Court
recognised that the provision "more than 60 percent of the main
constructions have been altered" of Article 15 (wording of 1
July 1997) of the Law on the Restoration of the Rights of
Ownership of Citizens to the Existing Real Property was in
conflict with the Constitution.
Although Article 15 of the said law was amended and/or
supplemented for more than once, however, the established
principle that certain property is bought out by the state and
one is compensated for it in the manner provided for in the law
has always persisted.
8. It was established in Paragraph 2 (wording of 1 July
1997) of Article 10 of the Law on the Restoration of the Rights
of Ownership of Citizens to the Existing Real Property that the
citizens, who were not entitled to the restoration of the
rights of ownership according to Law "On the Procedure and
Conditions of Restoration of the Rights of Ownership of
Citizens to the Existing Real Property" and who had acquired
such right according to the Law on the Restoration of the
Rights of Ownership of Citizens to the Existing Real Property,
shall file applications for the restoration of the rights of
ownership to the existing real property with the institution
authorised by the Government prior to 31 December 1997. The
rights of ownership of the said citizens to the existing real
property shall be restored, provided that the rights of
ownership to this existing real property have not been restored
to other persons specified in Article 2 of this law.
It was established in Paragraph 1 (wording of 3 August
2001) of Article 10 of the Law on the Restoration of the Rights
of Ownership of Citizens to the Existing Real Property that
ownership rights shall be restored to citizens whose requests
to restore the rights of ownership to the real property had
been filed within the time period established in the Law "On
the Procedure and Conditions of Restoration of the Rights of
Ownership of Citizens to the Existing Real Property" and under
procedure established in this law prior to 31 December 2001.
The citizens who failed to hand in their requests within the
established time period lost the right to the restoration of
ownership rights under this law.
9. It is clear from the discussed legal regulation of the
restoration of ownership rights to the existing real property
that the provision of the Law "On the Procedure and Conditions
of Restoration of the Rights of Ownership of Citizens to the
Existing Real Property" that only the citizens of Lithuania had
an opportunity to restore their rights of ownership to the
existing real property, who permanently resided in the Republic
of Lithuania, remained during the whole time of the validity of
this law. Besides, under the same law, the subjects who had an
opportunity to restore their rights of ownership to the
existing real property had to apply to state institutions
within the time period and under the procedure established by
the law. The provision that residential houses if they have
been expanded, rebuilt, or reconstructed into non-residential
premises and if they have not been given to scientific,
medical, cultural, educational or communications establishments
are to be returned in kind also remained during the whole time
of the validity of the Law "On the Restoration of the Rights of
Ownership of Citizens to the Existing Real Property".
After the Law on the Restoration of the Rights of
Ownership of Citizens to the Existing Real Property had gone
into effect, the content of the legal regulation of restitution
of the unlawfully nationalised property was changed and the
circle of subjects who could claim the restoration of the
rights of ownership to the existing real property was widened.
X
On the compliance of Item 8 of Article 2 of the Law "On
the Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" and Paragraph 5 of
Article 3 of the Law on the Distribution of Property of Trade
Unions (wording of 20 July 2000) with Article 23 of the
Constitution.
1. The petitioner requests to investigate as to whether
the provision of Item 8 of Article 2 of the Law "On the
Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" that the Anykščiai
rehabilitation centre (former rest-house "Šilelis") is
transferred as ownership to trade unions, to the extent that
also the administrative building was transferred, which is
registered in the Real Property Register as property object
2.12, unique No. 34/962-0056-01-0, and the provision of
Paragraph 5 (wording of 20 July 2000) of Article 3 of the Law
on the Distribution of Property of Trade Unions that the
Anykščiai rehabilitation centre (former rest-house "Šilelis")
is transferred as ownership to trade unions, to the extent that
also the administrative building was transferred, which is
registered in the Real Property Register as property object
2.12, unique No. 34/962-0056-01-0, are not in conflict with
Article 23 of the Constitution.
2. Taking account of the fact that in the case at issue
one disputes the legal provisions under which the
administrative building registered in the Real Property
Register as property object 2.12, unique No. 34/962-0056-01-0
is part of the complex of buildings of the Anykščiai
rehabilitation centre (former rest-house "Šilelis") (Vilniaus
St. 80, Anykščiai), also of the fact that prior to the
restoration of the independent State of Lithuania the Anykščiai
rehabilitation centre (former rest-house "Šilelis") was
possessed by state trade unions which functioned in Lithuania,
also of the fact that by Item 8 (wording of 8 June 1995) of
Article 2 of the Law "On the Establishment of the Property of
the Sanatorium-Resort Establishments and Rest-Houses Which Used
to Be Possessed by Former Trade Unions of the Lithuanian SSR"
the Anykščiai rehabilitation centre (former rest-house
"Šilelis") was recognised as property of trade unions of
Lithuania and transferred to the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment, while by Paragraph 5 of Article 3 of the Law on
the Distribution of Property of Trade Unions (wording of 20
July 2000) it was transferred, in equal portions, as common
shared ownership to the Labour Federation of Lithuania, the
Lithuanian Trade Unions Centre, the Workers Union of Lithuania
and the Alliance of Trade Unions of Lithuania, it is possible
to investigate the compliance of the provisions of the disputed
laws with the Constitution only if before one investigates
whether the provisions of the laws and Seimas resolutions under
which the property of sanatorium-resort establishments
possessed by state trade unions which functioned in Lithuanian
before the restoration of the independent State of Lithuania
was transferred to the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment and individual trade unions of Lithuania are not
in conflict with the Constitution.
3. On 25 May 1993, the Seimas adopted the Law "On the
Property of Former State Trade Unions of the Lithuanian SSR" in
Article 3 whereof it was inter alia established that the
property of former state trade unions of the Lithuanian SSR,
which had been created from the funds of the sate and
Lithuanian people, "shall be transferred as ownership: <...> 2)
to <...> the Special Fund for Support of the Functioning Trade
Unions and Those in the Process of Establishment, <...> which,
within 5 years, transfers the property to the functioning trade
unions and those in the process of establishment".
3.1. On 27 June 1995, the Seimas adopted the Law "On the
Amendment and Supplement of the Republic of Lithuania Law 'On
the Property of Former State Trade Unions of the Lithuanian
SSR'". Article 1 of this law abolished the provision of Item 2
(wording of 25 May 1993) of Article 3 of the Law "On the
Property of Former State Trade Unions of the Lithuanian SSR"
under which the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment, within
5 years, had to transfer the property to the functioning trade
unions and those in the process of establishment, and it was
established that the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment shall operate until 1 June 2006.
On 20 July 2000, the Seimas adopted the Republic of
Lithuania Law on the Amendment of Articles 3 and 6 of the Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR" by Article 1 whereof Item 2 (wording of 27 June 1995) of
Article 3 of the Law "On the Property of Former State Trade
Unions of the Lithuanian SSR" was amended by entering the word
and numbers "1 July 2001" instead of the word and numbers "1
June 2006".
On 22 January 2002, the Seimas adopted the Republic of
Lithuania Law on the Amendment of Articles 3 and 6 of the Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR" by Article 1 whereof the words "shall operate until 1 July
2001" were crossed out from Item 2 (wording of 20 July 2000) of
Article 3 of the Law "On the Property of Former State Trade
Unions of the Lithuanian SSR".
3.2. The provision "shall be transferred as ownership:
<...> 2) to <...> the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment, <...> which, within 5 years, transfers the
property to the existing and newly established trade unions" of
Article 3 (wording of 25 May 1993) of the Law "On the Property
of Former State Trade Unions of the Lithuanian SSR", the
provision "shall be transferred as ownership: <...> 2) to <...>
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment, <...> which shall
operate until 1 June 2006" of this article (wording of 27 June
1995), the provision "shall be transferred as ownership: <...>
2) to <...> the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment, <...>,
which shall operate until 1 July 2001" of this article (wording
of 20 July 2000) and the provision "shall be transferred as
ownership: <...> 2) to <...> the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment" of this article (wording of 22 January 2002)
mean that the state decided to transfer as ownership the
property belonging to it by right of ownership to the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment.
3.3. Article 4 of the Law "On the Property of Former State
Trade Unions of the Lithuanian SSR" provides: "The procedure of
transfer of the property (and parts thereof) of the former
state trade unions of the Lithuanian SSR shall be established
by the Seimas Resolution 'On the Implementation of the Republic
of Lithuania Law "On the Property of Former State Trade Unions
of the Lithuanian SSR."'"
3.4. Article 5 (wording of 25 May 1993) of the Law "On the
Property of Former State Trade Unions of the Lithuanian SSR"
used to provide: "The procedure of transfer and use of the
property of sanatoriums and rest-houses of Lithuania shall be
established by a separate resolution of the Seimas."
By Article 2 of the 27 June 1995 Law "On the Amendment and
Supplement of the Republic of Lithuania Law 'On the Property of
Former State Trade Unions of the Lithuanian SSR'" Article 5
(wording of 25 May 1993) of the Law "On the Property of Former
State Trade Unions of the Lithuanian SSR" was amended by
entering the word "law" instead of the word "resolution". Thus,
Article 5 (wording of 27 June 1995) of Law "On the Property of
Former State Trade Unions of the Lithuanian SSR" provided: "The
procedure of transfer and use of the property of sanatoriums
and rest-houses of Lithuania shall be established by a separate
law of the Seimas of the Republic of Lithuania."
3.5. In Articles 4 and 5 of the Law "On the Property of
Former State Trade Unions of the Lithuanian SSR" it was not
established expressis verbis that it was decided to transfer
the property indicated therein to the functioning trade unions
and those which were in the process of establishment, however,
when construing the legal regulation established in these
articles in the context of other provisions of the same law,
one is to conclude that under Articles 4 and 5 of this law it
was decided to transfer the said property to the functioning
trade unions and those which were in the process of
establishment.
3.6. The legal regulation established in Article 4 of the
Law "On the Property of Former State Trade Unions of the
Lithuanian SSR" means that by a separate Seimas resolution
property belonging to the state by right of ownership could be
transferred as ownership to functioning trade unions or those
which were in the process of establishment.
The legal regulation established in Article 5 (wordings of
25 May 1993 and 27 June 1995) of the same law means that by a
separate Seimas resolution, and later by a law, property
belonging to the state by right of ownership, i.e. property of
sanatoriums and rest-houses of Lithuania, could be transferred
as ownership to functioning trade unions or those which were in
the process of establishment.
3.7. On 23 February 1995, the Seimas adopted the Law "On
the Amendment and Supplement of the Republic of Lithuania Law
'On the Property of Former State Trade Unions of the Lithuanian
SSR'" by Article 1 whereof it supplemented the Law "On the
Property of Former State Trade Unions of the Lithuanian SSR" by
new Article 6 in which it was established that the property
transferred to the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment may not
be privatised or corporatised, also it may not be sold or
transferred to someone that is not a trade union.
On 27 June 1995, the Seimas adopted the Law "On the
Amendment and Supplement of the Republic of Lithuania Law 'On
the Property of Former State Trade Unions of the Lithuanian
SSR'" by Article 3 whereof Article 6 (wording of 23 February
1995) of the Law "On the Property of Former State Trade Unions
of the Lithuanian SSR" was amended and supplemented, and it was
established that succeeding the date of 1 January 1999 the
Council of the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment must
hand over the property possessed and used by the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment as ownership to trade unions of
Lithuania, while succeeding the date of 1 January 2006, it must
also transfer the funds of this fund as ownership to trade
unions of Lithuania.
On 21 December 1998, the Seimas adopted the Law on the
Amendment of Article 6 of the Law "On the Property of Former
State Trade Unions of the Lithuanian SSR". By Article 1 of this
law Paragraph 2 (wording of 27 June 1995) of Article 6 of the
Law "On the Property of Former State Trade Unions of the
Lithuanian SSR" was amended by entering the date "1 July 1999"
instead of the date "1 January 1999".
On 24 June 1999, the Seimas adopted the Law on the
Amendment and Supplement of Article 6 of the Law "On the
Property of Former State Trade Unions of the Lithuanian SSR".
By Article 1 of this law Article 6 (wording of 21 December
1998) of the Law "On the Property of Former State Trade Unions
of the Lithuanian SSR" was amended and it was set forth as
follows:
"The property transferred to the Special Fund for Support
of the Functioning Trade Unions and Those in the Process of
Establishment may not be privatised or corporatised, also it
may not be sold or transferred otherwise save the cases
indicated in Paragraph 2 of this Article.
Succeeding the date of 31 December 1999, the Council of
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment must hand over the
property possessed and used by the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment as ownership to trade unions of Lithuania, while
succeeding the date of 1 January 2006, it must also transfer to
them the funds of the Fund as ownership.
The Council of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment must, until 1 October 1999, take over the
property of the former state trade unions of the Lithuanian
SSR."
On 21 December 1999, the Seimas adopted the Law on the
Amendment of Article 6 of the Law "On the Property of Former
State Trade Unions of the Lithuanian SSR". By Article 1 of this
law Paragraph 2 (wording of 24 June 1999) of Article 6 of the
Law "On the Property of Former State Trade Unions of the
Lithuanian SSR" was amended by entering the date "31 May 2000"
instead of the date "31 May 1999".
On 23 May 2000, the Seimas adopted the Law on the
Amendment of Article 6 of the Law "On the Property of Former
State Trade Unions of the Lithuanian SSR". By Article 1 of this
law Paragraph 2 (wording of 21 December 1999) of Article 6 of
the Law "On the Property of Former State Trade Unions of the
Lithuanian SSR" was amended by entering the date "31 July 2000"
instead of the date "31 May 2000".
On 20 July 2000, the Seimas adopted the Law on the
Amendment of Articles 3 and 6 of the Law "On the Property of
Former State Trade Unions of the Lithuanian SSR" by Article 2
whereof Paragraph 2 (wording of 23 May 2000) of Article 6 of
the Law "On the Property of Former State Trade Unions of the
Lithuanian SSR" was amended and it was set forth as follows:
"The Council of the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment must
hand over the property as well as the funds possessed and used
by the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment as ownership to trade
unions of Lithuania under the procedure provided for by the Law
on the Distribution of Property of Trade Unions."
On 22 January 2002, the Seimas adopted the Law on the
Amendment of Articles 3 and 6 of the Law "On the Property of
Former State Trade Unions of the Lithuanian SSR" by Paragraph 1
of Article 2 whereof Paragraph 1 (wording of 24 June 1999) of
Article 6 of the Law "On the Property of Former State Trade
Unions of the Lithuanian SSR" was recognised as no longer
valid, while by Paragraph 2 (wording of 20 July 2000) of
Article 2 of the same law Paragraph 2 of Article 6 of the Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR" was amended and set forth as follows: "The Council of the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment must, within 2 months of
the entry of this Law into effect, establish the procedure for
possession, use and disposal of the property handed over to the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment and provide how one will
settle up for the obligations of public enterprises founded by
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment."
3.8. In the provision "the property transferred to the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment" of Article 6 (wording of
23 February 1995) of the Law "On the Property of Former State
Trade Unions of the Lithuanian SSR", the provision "the
property transferred to the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment" of Paragraph 1 (wording of 27 June 1995) of the
same article, the provision "<...> the Council of the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment must hand over the property
possessed and used by the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment as ownership to trade unions of Lithuania, <...>
it must also transfer the funds of the Fund as ownership to
trade unions of Lithuania" of Paragraph 2 (wording of 27 June
1995) of the same article, the provision "<...> the Council of
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment must hand over the
property possessed and used by the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment as ownership to trade unions of Lithuania, <...>
it must also transfer the funds of the Fund as ownership to
trade unions of Lithuania" of Paragraph 2 (wording of 21
December 1998) of the same article, the provision "the property
transferred to the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment" of
Paragraph 1 (wording of 24 June 1999) of the same article, the
provision "<...> the Council of the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment must hand over the property possessed and used by
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment as ownership to trade
unions of Lithuania, <...> it must also transfer the funds of
the Fund as ownership to trade unions of Lithuania" of
Paragraph 2 (wording of 24 June 1999) of the same article, the
provision "the Council of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment must <...> take over the property of the former
state trade unions of the Lithuanian SSR" of Paragraph 3
(wording of 24 June 1999) of the same article, the provision
"<...> the Council of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment must hand over the property possessed and used by
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment as ownership to trade
unions of Lithuania, <...> it must also transfer to them the
funds of the Fund" of Paragraph 2 (wording of 21 December 1999)
of the same article, the provision "<...> the Council of the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment must hand over the
property possessed and used by the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment as ownership to trade unions of Lithuania, <...>
it must also transfer to them the funds of the Fund" of
Paragraph 2 (wording of 23 May 2000) of the same article, the
provision "the Council of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment must hand over the property and funds possessed
and used by the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment as
ownership to trade unions of Lithuania" of Paragraph 2 (wording
of 20 July 2000) of the same article, the provision "the
Council of the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment must
<...> establish the procedure for possession, use and disposal
of the property handed over to the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment" of Paragraph 2 (wording of 22 January 2002) of
the same article such legal regulation was established under
which it was decided to transfer property belonging to the
state by right of ownership or this property is transferred to
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment, while the latter
transfers as ownership the said property belonging to the state
by right of ownership to trade unions of Lithuania.
3.9. It has been held in this Ruling of the Constitutional
Court that the property possessed by the state trade unions
which functioned in Lithuania until the restoration of the
independent State of Lithuania, which were a part of the system
of USSR trade unions, is property of the State of Lithuania.
It has also been held that the requirement to treasure
state-owned property, not to waste it and possess it rationally
follows from the striving for an open, harmonious and just
civil society which is consolidated in the Preamble of the
Constitution, from the constitutional principle that ownership
obligates, from Paragraph 2 of Article 23 of the Constitution
according to which the rights of ownership shall be protected
by laws, the provision of Paragraph 2 of Article 128 of the
Constitution that the procedure concerning the possession, use,
and disposal of state-owned property shall be established by
law, and from other provisions of the Constitution. Under the
Constitution, laws must protect the rights of all owners, thus
including the right of ownership of the state as the
organisation of the entire society.
It has also been held that it is not permitted to
establish such legal regulation according to which the property
that belongs to the state by right of ownership would be
possessed, used or disposed of in such a manner so that the
interests or needs of only one social group or individual
persons are satisfied and that this property does not serve the
public interest, the need of society, and the welfare of the
nation, or that this property belonging to the state by right
of ownership would be transferred as ownership to other
subjects in order to satisfy the interests or needs of only one
social group or individual persons, if this does not comply
with the need of society, the public interest, or does not
serve the welfare of the nation.
It has also been mentioned that at the initial stage of
establishment and activities of trade unions or newly
established trade unions the state support rendered to trade
unions is to be linked not with the discharging of functions by
the trade unions which, according to the Constitution, act
independently, but with the establishment and beginning of
activities of trade unions as one of elements of a civil
society, also, that the state might support the trade unions
which were in the process of establishment or which had been
established at that time only with such property (premises
etc.) belonging to the state by right of ownership which was
necessary for the trade unions to establish themselves and
start their activities.
3.10. By means of the provision "shall be transferred as
ownership: <...> 2) to <...> the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment, <...> which, within 5 years, transfers the
property to the existing and newly established trade unions" of
Article 3 (wording of 25 May 1993) of the Law "On the Property
of Former State Trade Unions of the Lithuanian SSR", the
provision "shall be transferred as ownership: <...> 2) to <...>
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment, <...> which shall
operate until 1 June 2006" of this article (wording of 27 June
1995), the provision "shall be transferred as ownership: <...>
2) to <...> the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment, <...>,
which shall operate until 1 July 2001" of this article (wording
of 20 July 2000) and the provision "shall be transferred as
ownership: <...> 2) to <...> the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment" of this article (wording of 22 January 2002), as
well as the legal regulation established in Articles 4 and 5
(wordings of 25 May 1993 and 27 June 1995) of the said law, the
provision "the property transferred to the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment" of Article 6 (wording of 23 February
1995) of the said law, the provision "the property transferred
to the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment" of Paragraph 1
(wording of 27 June 1995) of the same article, the provision
"<...> the Council of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment must hand over the property possessed and used by
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment as ownership to trade
unions of Lithuania, <...> it must also transfer the funds of
the Fund as ownership to trade unions of Lithuania" of
Paragraph 2 (wording of 27 June 1995) of the same article, the
provision "<...> the Council of the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment must hand over the property possessed and used by
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment as ownership to trade
unions of Lithuania, <...> it must also transfer the funds of
the Fund as ownership to trade unions of Lithuania" of
Paragraph 2 (wording of 21 December 1998) of the same article,
the provision "the property transferred to the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment" of Paragraph 1 (wording of 24 June
1999) of the same article, the provision "<...> the Council of
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment must hand over the
property possessed and used by the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment as ownership to trade unions of Lithuania, <...>
it must also transfer to them the funds of the Fund" of
Paragraph 2 (wording of 24 June 1999) of the same article, the
provision "the Council of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment must <...> take over the property of the former
state trade unions of the Lithuanian SSR" of Paragraph 3
(wording of 24 June 1999) of the same article, the provision
"<...> the Council of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment must hand over the property possessed and used by
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment as ownership to trade
unions of Lithuania, <...> it must also transfer to them the
funds of the Fund" of Paragraph 2 (wording of 21 December 1999)
of the same article, the provision "<...> the Council of the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment must hand over the
property possessed and used by the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment as ownership to trade unions of Lithuania, <...>
it must also transfer to them the funds of the Fund" of
Paragraph 2 (wording of 23 May 2000) of the same article, the
provision "the Council of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment must hand over the property and funds possessed
and used by the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment as
ownership to trade unions of Lithuania" of Paragraph 2 (wording
of 20 July 2000) of the same article, and the provision "the
Council of the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment must
<...> establish the procedure for possession, use and disposal
of the property handed over to the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment" of Paragraph 2 (wording of 22 January 2002) of
the same article legal pre-conditions were created to transfer
as ownership also the property belonging to the state by right
of ownership to other entities, functioning trade unions or
those that were in the process of establishment, or such
property was transferred to the latter, which was not necessary
for the trade unions in order to establish themselves and begin
their activities.
By such legal regulation the requirements of protection of
property belonging to the state by right of ownership which are
established in Paragraph 2 of Article 23 and Paragraph 2 of
Article 128 of the Constitution as well as the constitutional
status of trade unions established in Paragraph 1 of Article 50
of the Constitution are disregarded. Alongside, Paragraph 2 of
Article 5 of the Constitution, which provides that the scope of
power shall be limited by the Constitution, and the
constitutional principle of a state under the rule of law are
violated.
3.11. Taking account of the arguments set forth, one is to
conclude that the provision "shall be transferred as ownership:
<...> 2) to <...> the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment, <...> which, within 5 years, transfers the
property to the existing and newly established trade unions" of
Article 3 (wording of 25 May 1993) of the Law "On the Property
of Former State Trade Unions of the Lithuanian SSR", the
provision "shall be transferred as ownership: <...> 2) to <...>
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment, <...> which shall
operate until 1 June 2006" of this article (wording of 27 June
1995), the provision "shall be transferred as ownership: <...>
2) to <...> the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment, <...>,
which shall operate until 1 July 2001" of this article (wording
of 20 July 2000) and the provision "shall be transferred as
ownership: <...> 2) to <...> the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment" of this article (wording of 22 January 2002), as
well as the legal regulation established in Articles 4 and 5
(wordings of 25 May 1993 and 27 June 1995) of the said law, the
provision "the property transferred to the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment" of Article 6 (wording of 23 February
1995) of the said law, the provision "the property transferred
to the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment" of Paragraph 1
(wording of 27 June 1995) of the same article, the provision
"<...> the Council of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment must hand over the property possessed and used by
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment as ownership to trade
unions of Lithuania, <...> it must also transfer the funds of
the Fund as ownership to trade unions of Lithuania" of
Paragraph 2 (wording of 27 June 1995) of the same article, the
provision "<...> the Council of the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment must hand over the property possessed and used by
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment as ownership to trade
unions of Lithuania, <...> it must also transfer the funds of
the Fund as ownership to trade unions of Lithuania" of
Paragraph 2 (wording of 21 December 1998) of the same article,
the provision "the property transferred to the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment" of Paragraph 1 (wording of 24 June
1999) of the same article, the provision "<...> the Council of
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment must hand over the
property possessed and used by the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment as ownership to trade unions of Lithuania, <...>
it must also transfer to them the funds of the Fund" of
Paragraph 2 (wording of 24 June 1999) of the same article, the
provision "the Council of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment must <...> take over the property of the former
state trade unions of the Lithuanian SSR" of Paragraph 3
(wording of 24 June 1999) of the same article, the provision
"<...> the Council of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment must hand over the property possessed and used by
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment as ownership to trade
unions of Lithuania, <...> it must also transfer to them the
funds of the Fund" of Paragraph 2 (wording of 21 December 1999)
of the same article, the provision "<...> the Council of the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment must hand over the
property possessed and used by the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment as ownership to trade unions of Lithuania, <...>
it must also transfer the funds of the Fund as ownership to
trade unions of Lithuania" of Paragraph 2 (wording of 23 May
2000) of the same article, the provision "the Council of the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment must hand over the
property and funds possessed and used by the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment as ownership to trade unions of
Lithuania" of Paragraph 2 (wording of 20 July 2000) of the same
article, and the provision "the Council of the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment must <...> establish the procedure for
possession, use and disposal of the property handed over to the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment" of Paragraph 2 (wording
of 22 January 2002) of the same article are in conflict with
Paragraph 2 of Article 5, Paragraph 2 of Article 23, Paragraph
1 of Article 50, Paragraph 2 of Article 128 of the Constitution
and the constitutional principle of a state under the rule of
law.
4. On 1 June 1993, the Seimas adopted the Resolution "On
the Implementation of the Republic of Lithuania Law 'On the
Property of Former State Trade Unions of the Lithuanian SSR'"
in Item 3 whereof it was inter alia established: "The property
transferred as ownership to the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment shall be composed of: <...> 6) share of the
property of sanatoriums and rest-houses of trade unions of
Lithuania".
4.1. On 20 July 1994, the Seimas adopted the Resolution
"On the Amendment and Supplement of the Republic of Lithuania
Seimas Resolution 'On the Implementation of the Republic of
Lithuania Law "On the Property of Former State Trade Unions of
the Lithuanian SSR"'" by Item 1 whereof it recognised Sub-Item
5 of Item 3 of the 1 June 1993 Seimas Resolution "On the
Implementation of the Republic of Lithuania Law 'On the
Property of Former State Trade Unions of the Lithuanian SSR'"
as no longer valid, while by Item 2 it decided to regard
Sub-Items 6-13 of Item 3 of the 1 June 1993 Seimas Resolution
"On the Implementation of the Republic of Lithuania Law 'On the
Property of Former State Trade Unions of the Lithuanian SSR'"
as Sub-Items 5-12 accordingly. Thus, Sub-Item 6 (wording of 1
June 1993) of Item 3 of the 1 June 1993 Seimas Resolution "On
the Implementation of the Republic of Lithuania Law 'On the
Property of Former State Trade Unions of the Lithuanian SSR'"
became Sub-Item 5 (wording of 20 July 1994) of Item 3 of this
resolution.
4.2. The provision "the property transferred as ownership
to the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment shall be composed of:
<...> 6) share of the property of sanatoriums and rest-houses
of trade unions of Lithuania" of Item 3 (wording of 1 June
1993) of the 1 June 1993 Seimas Resolution "On the
Implementation of the Republic of Lithuania Law 'On the
Property of Former State Trade Unions of the Lithuanian SSR'"
and the provision "the property transferred as ownership to the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment shall be composed of:
<...> (5) share of the property of sanatoriums and rest-houses
of trade unions of Lithuania" of Item 3 (wording of 20 July
1994) of the same Seimas resolution establish the legal
regulation whereby property belonging to the state by right of
ownership, also property, which is temporarily in fact
possessed and used by the state, but which was unlawfully
nationalised or disseized in other unlawful ways by the
occupation government and to which, under the law, the rights
of ownership may be restored, i.e. part of the property of
sanatoriums and rest-houses, which is regarded as part of
property of trade unions of Lithuania and transferred as
ownership to the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment, which,
under the Law "On the Property of Former State Trade Unions of
the Lithuanian SSR", transfers as ownership the aforesaid
property belonging to the state by right of ownership as well
as the property, to which the rights of ownership may be
restored, to trade unions of Lithuania.
4.3. It has been held in this Ruling of the Constitutional
Court that the property possessed by the state trade unions
which functioned in Lithuania until the restoration of the
independent State of Lithuania, which were a part of the system
of USSR trade unions, is property of the State of Lithuania.
It has also been held that the requirement to treasure
state-owned property, not to waste it and possess it rationally
follows from the striving for an open, harmonious and just
civil society which is consolidated in the Preamble of the
Constitution, the constitutional principle that ownership
obligates, Paragraph 2 of Article 23 of the Constitution
according to which the rights of ownership shall be protected
by laws, the provision of Paragraph 2 of Article 128 of the
Constitution that the procedure concerning the possession, use,
and disposal of state-owned property shall be established by
law, and from other provisions of the Constitution. It has also
been mentioned that, under the Constitution, laws must protect
the rights of all owners, thus including the right of ownership
of the state as the organisation of the entire society.
It has also been held that it is not permitted to
establish such legal regulation according to which the property
that belongs to the state by right of ownership would be
possessed, used or disposed of in such a manner so that the
interests or needs of only one social group or individual
persons are satisfied and that this property does not serve the
public interest, the need of society, and the welfare of the
nation, or that this property belonging to the state by right
of ownership would be transferred as ownership to other
subjects in order to satisfy the interests or needs of only one
social group or individual persons, if this does not comply
with the need of society, the public interest, or does not
serve the welfare of the nation.
It has been mentioned that in case there objectively
occurs a situation, when the state temporarily in fact holds
and uses property which does not belong to it by right of
ownership, this property must also be possessed and used
observing the same constitutional requirements while possessing
and using the property which belongs to the state by right of
ownership, i.e. it has also to be treasured, not wasted and
rationally possessed, and that this constitutional imperative
is also to be applied to the property which is temporarily in
fact possessed and used by the state, which was illegally
nationalised or disseized in other unlawful ways by the
occupation government and in regard of which the rights of
ownership may be restored according to the law.
It has also been mentioned that at the initial stage of
establishment and activities of trade unions or newly
established trade unions the state support rendered to trade
unions is to be linked not with the discharging of functions by
the trade unions which, according to the Constitution, act
independently, but with the establishment and beginning of
activities of trade unions as one of elements of a civil
society, also, that the state might support the trade unions
which were in the process of establishment or which had been
established at that time only with such property (premises
etc.) belonging to the state by right of ownership which was
necessary for the trade unions to establish themselves and
start their activities.
4.4. The provision "the property transferred as ownership
to the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment shall be composed of:
<...> 6) share of the property of sanatoriums and rest-houses
of trade unions of Lithuania" of Item 3 (wording of 1 June
1993) of the 1 June 1993 Seimas Resolution "On the
Implementation of the Republic of Lithuania Law 'On the
Property of Former State Trade Unions of the Lithuanian SSR'"
and the provision "the property transferred as ownership to the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment shall be composed of:
<...> 5) share of the property of sanatoriums and rest-houses
of trade unions of Lithuania" of Item 3 (wording of 20 July
1994) of the same Seimas resolution created legal
pre-conditions to transfer as ownership also the property
belonging to the state by right of ownership to other entities,
functioning trade unions or those that were in the process of
establishment, which was not necessary for the trade unions in
order to establish themselves and begin their activities, or
the property that is temporarily in fact possessed and used by
the state, which was unlawfully nationalised or disseized in
other unlawful ways by the occupation government and to which,
under the law, the rights of ownership may be restored.
By such legal regulation the requirements of protection of
property belonging to the state by right of ownership which are
established in Paragraph 2 of Article 23 and Paragraph 2 of
Article 128 of the Constitution as well as the constitutional
status of trade unions established in Paragraph 1 of Article 50
of the Constitution are disregarded. Alongside, Paragraph 2 of
Article 5 of the Constitution, which provides that the scope of
power shall be limited by the Constitution, and the
constitutional principle of a state under the rule of law are
violated.
4.5. Taking account of the arguments set forth, one is to
draw a conclusion that the provision "the property transferred
as ownership to the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment shall be
composed of: <...> 6) share of the property of sanatoriums and
rest-houses of trade unions of Lithuania" of Item 3 (wording of
1 June 1993) of the 1 June 1993 Seimas Resolution "On the
Implementation of the Republic of Lithuania Law 'On the
Property of Former State Trade Unions of the Lithuanian SSR'"
and the provision "the property transferred as ownership to the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment shall be composed of:
<...> 5) share of the property of sanatoriums and rest-houses
of trade unions of Lithuania" of Item 3 (wording of 20 July
1994) of the same Seimas resolution are in conflict with
Paragraph 2 of Article 5, Paragraph 2 of Article 23, Paragraph
1 of Article 50, Paragraph 2 of Article 128 of the Constitution
and the constitutional principle of a state under the rule of
law.
5. On 17 February 1994, the Seimas adopted the Resolution
"On the Approval of the Regulations of the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment". Item 1 of Chapter IV of the
Regulations of the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment which
was approved by the said resolution provides: "Property of the
Fund shall be composed of: <...> 6) share of the property of
sanatoriums and rest-houses of trade unions of Lithuania."
5.1. On 27 June 1995, the Seimas adopted the Resolution
"On the Amendment and Supplement of the Regulations of the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment" by Item 2 whereof it
amended Item 1 (wording of 17 February 1994) of Chapter IV of
the 17 February 1994 Resolution "On the Approval of the
Regulations of the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment",
however the provision "property of the Fund shall be composed
of: <...> 6) share of the property of sanatoriums and
rest-houses of trade unions of Lithuania" remained unchanged.
5.2. The provision "property of the Fund shall be composed
of: <...> 6) share of the property of sanatoriums and
rest-houses of trade unions of Lithuania" of Item 1 (wording of
17 February 1994) of Chapter IV of the Regulations of the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment approved by the 17
February 1994 Resolution "On the Approval of the Regulations of
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment" and the provision
"property of the Fund shall be composed of: <...> 6) share of
the property of sanatoriums and rest-houses of trade unions of
Lithuania" of this item (wording of 27 June 1995) establish the
legal regulation under which property belonging to the state by
right of ownership, including the property which is temporarily
in fact possessed and used by the state, but which was
unlawfully nationalised or disseized in other unlawful ways by
the occupation government and to which, under the law, the
rights of ownership may be restored, i.e. the share of property
of sanatoriums and rest-houses which is considered to belong by
right of ownership to the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment which, under the Law "On the Property of Former
State Trade Unions of the Lithuanian SSR", transfers as
ownership the said property to trade unions of Lithuania,
including that to which, under the law, the rights of ownership
may be restored.
5.3. It has been held in this Ruling of the Constitutional
Court that the property possessed by the state trade unions
which functioned in Lithuania until the restoration of the
independent State of Lithuania, which were a part of the system
of USSR trade unions, is property of the State of Lithuania.
It has also been held that the requirement to treasure
state-owned property, not to waste it and possess it rationally
follows from the striving for an open, harmonious and just
civil society which is consolidated in the Preamble of the
Constitution, the constitutional principle that ownership
obligates, Paragraph 2 of Article 23 of the Constitution
according to which the rights of ownership shall be protected
by laws, the provision of Paragraph 2 of Article 128 of the
Constitution that the procedure concerning the possession, use,
and disposal of state-owned property shall be established by
law, and from other provisions of the Constitution. It has also
been mentioned that, under the Constitution, laws must protect
the rights of all owners, thus including the right of ownership
of the state as the organisation of the entire society.
It has also been held that it is not permitted to
establish such legal regulation according to which the property
that belongs to the state by right of ownership would be
possessed, used or disposed of in such a manner so that the
interests or needs of only one social group or individual
persons are satisfied and that this property does not serve the
public interest, the need of society, and the welfare of the
nation, or that this property belonging to the state by right
of ownership would be transferred as ownership to other
subjects in order to satisfy the interests or needs of only one
social group or individual persons, if this does not comply
with the need of society, the public interest, or does not
serve the welfare of the nation.
It has been mentioned that in case there objectively
occurs a situation, when the state temporarily in fact holds
and uses property which does nor belong to it by right of
ownership, this property must also be possessed and used
observing the same constitutional requirements while possessing
and using the property which belongs to the state by right of
ownership, i.e. it has also to be treasured, not wasted and
rationally possessed, and that this constitutional imperative
is also to be applied to the property which is temporarily in
fact possessed and used by the state, which was illegally
nationalised or disseized in other unlawful ways by the
occupation government and in regard of which the rights of
ownership may be restored according to the law.
It has also been held that at the initial stage of
establishment and activities of trade unions or newly
established trade unions the state support rendered to trade
unions is to be linked not with the discharging of functions by
the trade unions which, according to the Constitution, act
independently, but with the establishment and beginning of
activities of trade unions as one of elements of a civil
society, also, that the state might support the trade unions
which were in the process of establishment or which had been
established at that time only with such property (premises
etc.) belonging to the state by right of ownership which was
necessary for the trade unions to establish themselves and
start their activities.
5.4. The provision "property of the Fund shall be composed
of: <...> 6) share of the property of sanatoriums and
rest-houses of trade unions of Lithuania" of Item 1 (wording of
17 February 1994) of Chapter IV of the Regulations of the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment approved by the 17
February 1994 Resolution "On the Approval of the Regulations of
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment" and the provision
"property of the Fund shall be composed of: <...> 6) share of
the property of sanatoriums and rest-houses of trade unions of
Lithuania" of this item (wording of 27 June 1995) created legal
pre-conditions to transfer as ownership also the property
belonging to the state by right of ownership to other entities,
functioning trade unions or those that were in the process of
establishment, which was not necessary for the trade unions in
order to establish themselves and begin their activities, or
such property, which is temporarily in fact possessed and used
by the state, but which was unlawfully nationalised or
disseized in other unlawful ways by the occupation government
and to which, under the law, the rights of ownership may be
restored.
By such legal regulation the requirements of protection of
property belonging to the state by right of ownership which are
established in Paragraph 2 of Article 23 and Paragraph 2 of
Article 128 of the Constitution as well as the constitutional
status of trade unions established in Paragraph 1 of Article 50
of the Constitution are disregarded. Alongside, Paragraph 2 of
Article 5 of the Constitution, which provides that the scope of
power shall be limited by the Constitution, and the
constitutional principle of a state under the rule of law are
violated.
5.5. Taking account of the arguments set forth, one is to
draw a conclusion that the provision "property of the Fund
shall be composed of: <...> 6) share of the property of
sanatoriums and rest-houses of trade unions of Lithuania" of
Item 1 (wording of 17 February 1994) of Chapter IV of the
Regulations of the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment approved
by the 17 February 1994 Seimas Resolution "On the Approval of
the Regulations of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment" and the provision "property of the Fund shall be
composed of: <...> 6) share of the property of sanatoriums and
rest-houses of trade unions of Lithuania" of this item (wording
of 27 June 1995) are in conflict with Paragraph 2 of Article 5,
Paragraph 2 of Article 23, Paragraph 1 of Article 50, Paragraph
2 of Article 128 of the Constitution and the constitutional
principle of a state under the rule of law.
6. On 8 June 1995, the Seimas adopted the Law "On the
Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR".
6.1. It was provided in Article 2 of the said law:
"The following objects and the property and funds
registered in their balance shall be recognised as property of
trade unions of Lithuania and transferred to the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment:
1) rest-house "Trakai";
2) Lampėdžiai rest-house;
3) state enterprise "Neringos kopos" (former rest-house
"Neringa");
4) auto-transport vehicles, spare parts and inventory of
the car park of the resort establishments of Druskinininkai;
5) Druskininkai sanatorium "Nemunas";
6) Palanga sanatorium "Jūratė" (save the hostels recorded
in its balance);
7) Palanga healthcare chamber;
8) Anykščiai rehabilitation centre (former rest-house
"Šilelis");
9) Druskininkai centre for therapeutic physical culture
and ambulatory treatment."
6.2. Article 2 of the Law "On the Establishment of the
Property of the Sanatorium-Resort Establishments and
Rest-Houses Which Used to Be Possessed by Former Trade Unions
of the Lithuanian SSR" establishes the legal regulation under
which the objects indicated in this article-enterprises,
establishments, organisations and the property as well as funds
which is recorded in their balance-which belong to the state by
right of ownership, also the property which is or may be in
these objects which is in fact temporarily possessed and used
by the state, which was unlawfully nationalised or disseized in
other unlawful ways by the occupation government and to which,
under the law, the rights of ownership may be restored, are
recognised as property of trade unions of Lithuania and
transferred to the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment, which,
under the Law "On the Property of Former State Trade Unions of
the Lithuanian SSR" transfers as ownership the said property
belonging to the state by right of ownership also the property
which is or may be in these objects which is in fact
temporarily possessed and used by the state to which, under the
law, the rights of ownership may be restored, to trade unions
of Lithuania.
6.3. It has been held in this Ruling of the Constitutional
Court that the property possessed by the state trade unions
which functioned in Lithuania until the restoration of the
independent State of Lithuania, which were a part of the system
of USSR trade unions, is property of the State of Lithuania.
It has also been held that the requirement to treasure
state-owned property, not to waste it and possess it rationally
follows from the striving for an open, harmonious and just
civil society which is consolidated in the Preamble of the
Constitution, the constitutional principle that ownership
obligates, Paragraph 2 of Article 23 of the Constitution
according to which the rights of ownership shall be protected
by laws, the provision of Paragraph 2 of Article 128 of the
Constitution that the procedure concerning the possession, use,
and disposal of state-owned property shall be established by
law, and from other provisions of the Constitution. It has also
been mentioned that, under the Constitution, laws must protect
the rights of all owners, thus including the right of ownership
of the state as the organisation of the entire society.
It has also been held that it is not permitted to
establish such legal regulation according to which the property
that belongs to the state by right of ownership would be
possessed, used or disposed of in such a manner so that the
interests or needs of only one social group or individual
persons are satisfied and that this property does not serve the
public interest, the need of society, and the welfare of the
nation, or that this property belonging to the state by right
of ownership would be transferred as ownership to other
subjects in order to satisfy the interests or needs of only one
social group or individual persons, if this does not comply
with the need of society, the public interest, or does not
serve the welfare of the nation.
It has been mentioned that in case there objectively
occurs a situation, when the state temporarily in fact holds
and uses property which does nor belong to it by right of
ownership, this property must also be possessed and used
observing the same constitutional requirements while possessing
and using the property which belongs to the state by right of
ownership, i.e. it has also to be treasured, not wasted and
rationally possessed, and that this constitutional imperative
is also to be applied to the property which is temporarily in
fact possessed and used by the state, which was illegally
nationalised or disseized in other unlawful ways by the
occupation government and in regard of which the rights of
ownership may be restored according to the law.
It has also been held that at the initial stage of
establishment and activities of trade unions or newly
established trade unions the state support rendered to trade
unions is to be linked not with the discharging of functions by
the trade unions which, according to the Constitution, act
independently, but with the establishment and beginning of
activities of trade unions as one of elements of a civil
society, also, that the state might support the trade unions
which were in the process of establishment or which had been
established at that time only with such property (premises
etc.) belonging to the state by right of ownership which was
necessary for the trade unions to establish themselves and
start their activities.
It has also been held in this Ruling of the Constitutional
Court that, under the Constitution, trade unions, in order that
they might discharge their functions, can possess various
property by right of ownership, however, trade unions are not
economic organisations, they establish themselves not for
economic activities of public administration, therefore, state
institutions may not transfer as ownership enterprises,
establishments and organisations belonging to the state by
right of ownership to trade unions.
6.4. By the legal regulation established in Article 2 of
the Law "On the Establishment of the Property of the
Sanatorium-Resort Establishments and Rest-Houses Which Used to
Be Possessed by Former Trade Unions of the Lithuanian SSR"
legal pre-conditions were created to transfer as ownership also
the property belonging to the state by right of ownership to
other entities, functioning trade unions or those that were in
the process of establishment, which was not necessary for the
trade unions in order to establish themselves and begin their
activities, also the property that is or may be in the objects
indicated in this article, which is temporarily in fact
possessed and used by the state, but which was unlawfully
nationalised or disseized in other unlawful ways by the
occupation government and to which, under the law, the rights
of ownership may be restored.
By the legal regulation established in Article 2 of the
Law "On the Establishment of the Property of the
Sanatorium-Resort Establishments and Rest-Houses Which Used to
Be Possessed by Former Trade Unions of the Lithuanian SSR" the
requirements of protection of property belonging to the state
by right of ownership which are established in Paragraph 2 of
Article 23 and Paragraph 2 of Article 128 of the Constitution
as well as the constitutional status of trade unions
established in Paragraph 1 of Article 50 of the Constitution
are disregarded. Alongside, Paragraph 2 of Article 5 of the
Constitution, which provides that the scope of power shall be
limited by the Constitution, and the constitutional principle
of a state under the rule of law are violated.
6.5. Article 4 (wording of 8 June 1995) of the Law "On the
Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" provided:
"For the objects, property and funds transferred as
ownership to the state, trade unions of Lithuania shall be
compensated on the grounds of the 1 January 1991 data of the
inventory conducted by the Government commission, by paying the
compensation in equal parts until 1 June 2006.
The compensated funds are property of trade unions of
Lithuania and shall be transferred to the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment.
The size of the compensation cannot exceed 0.5 percent of
the non-indexed balance value of the objects. The procedure of
the compensation shall be established by the Government of the
Republic of Lithuania."
6.6. On 20 July 2000, the Seimas adopted the Republic of
Lithuania Law on the Amendment of Article 4 of the Law "On the
Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" by Article 1 whereof
Paragraph 2 of Article 4 (wording of 8 June 1995) of the Law
"On the Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" was amended and it
was set forth as follows: "The compensated funds shall be
property of trade unions of Lithuania. They shall be
transferred in equal parts to the running accounts of the trade
unions which are registered at the Ministry of Justice of the
Republic of Lithuania and which are represented in the
Tripartite Council of the Republic of Lithuania, i.e. the
Labour Federation of Lithuania, the Workers Union of Lithuania,
the Lithuanian Trade Unions Centre, the Alliance of Trade
Unions of Lithuania, and the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment."
6.7. It has been held in this Ruling of the Constitutional
Court that Article 4 (wordings of 8 June 1995 and 20 July 2000)
of the Law "On the Establishment of the Property of the
Sanatorium-Resort Establishments and Rest-Houses Which Used to
Be Possessed by Former Trade Unions of the Lithuanian SSR"
established the legal regulation under which whereby the state
must compensate the trade unions of Lithuania for the property
which at that time belonged by right of ownership to the state
itself and had never belonged by right of ownership to the
trade unions, thus the latter could not lose it.
6.8. By the legal regulation established in Article 4
(wordings of 8 June 1995 and 20 July 2000) of the Law "On the
Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" the requirements of
protection of property belonging to the state by right of
ownership which are established in Paragraph 2 of Article 23
and Paragraph 2 of Article 128 of the Constitution as well as
the constitutional status of trade unions established in
Paragraph 1 of Article 50 of the Constitution are disregarded.
Alongside, Paragraph 2 of Article 5 of the Constitution, which
provides that the scope of power shall be limited by the
Constitution, and the constitutional principle of a state under
the rule of law are violated.
6.9. Taking account of the arguments set forth, one is to
draw a conclusion that Article 2 and Article 4 (wordings of 8
June 1995 and 20 July 2000) of the Law "On the Establishment of
the Property of the Sanatorium-Resort Establishments and
Rest-Houses Which Used to Be Possessed by Former Trade Unions
of the Lithuanian SSR" are in conflict with Paragraph 2 of
Article 5, Paragraph 2 of Article 23, Paragraph 1 of Article
50, Paragraph 2 of Article 128 of the Constitution and the
constitutional principle of a state under the rule of law.
7. On 20 July 2000, the Seimas adopted the Law on the
Amendment of Articles 3 and 6 of the Law "On the Property of
Former State Trade Unions of the Lithuanian SSR".
7.1. It was established in Paragraph 1 of Article 5 of the
Law on the Distribution of Property of Trade Unions: "The
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment shall be liquidated and
the powers of the Council of Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment shall be terminated as of 1 July 2001."
7.2. By Article 1 of the 20 July 2000 Law on the Amendment
of Articles 3 and 6 of the Law "On the Property of Former State
Trade Unions of the Lithuanian SSR", Item 2 (wording of 27 June
1995) of Article 3 of the Law "On the Property of Former State
Trade Unions of the Lithuanian SSR" was amended by entering the
words and numbers "shall operate until 1 July 2001" instead of
the words and numbers "shall operate until 1 June 2006".
Thus, in Item 2 (wording of 20 July 2000) of Article 3 of
the Law "On the Property of Former State Trade Unions of the
Lithuanian SSR" it was inter alia established: "to <...> the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment, <...>, which shall
operate until 1 July 2001".
7.3. By Paragraph 1 of Article 5 of the Law on the
Distribution of Property of Trade Unions and Item 2 of Article
3 of the Law "On the Property of Former State Trade Unions of
the Lithuanian SSR" the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment was liquidated and the powers of its council were
terminated on 1 July 2001.
It has been held in this Ruling of the Constitutional
Court that although according to the aforementioned laws the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment could no longer function
as of 1 July 2001, however, it continued its activities de
facto also after the said date.
7.4. On 22 January 2002, the Seimas adopted the Law on the
Amendment of Articles 3 and 6 of the Law "On the Property of
Former State Trade Unions of the Lithuanian SSR" by Article 1
whereof Item 2 (wording of 20 July 2000) of Article 3 of the
Law "On the Property of Former State Trade Unions of the
Lithuanian SSR" was amended by crossing out the words "shall
operate until 1 July 2001".
Thus, Article 3 (wording of 22 January 2002) of the Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR" provides: "Property of former state trade unions of the
Lithuanian SSR <...> shall be transferred as ownership: <...>
2) to <...> the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment, the
regulations of which are approved by the Seimas of the Republic
of Lithuania."
7.5. It has been held in this Ruling of the Constitutional
Court that after the provision that established the date (1
July 2001) of the liquidation of the Special Fund for Support
of the Functioning Trade Unions and Those in the Process of
Establishment and of the termination of the powers of the
council of the said fund had been abolished, a legal situation
was created that allegedly there had not been any legal
regulation established by a law under which the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment had been liquidated, and preconditions
were created to believe that the said fund had never been
liquidated, that it was also operational at the time of the
adoption of the said Law on the Amendment of Articles 3 and 6
of the Law "On the Property of Former State Trade Unions of the
Lithuanian SSR", i.e. on 22 January 2002. Thus, the legislator
confirmed a retroactive provision by which it was attempted to
retroactively restore the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment which had been liquidated by the law, and thus,
by backdating, to legalise its activities which had not been
discontinued de facto.
7.6. On 22 January 2002, the Seimas adopted the Law on
Amending the Law on the Distribution of Property of Trade
Unions by Article 1 whereof it set forth the Law on the
Distribution of Property of Trade Unions in a new wording.
Article 4 of the Law on the Distribution of Property of
Trade Unions (wording of 22 January 2002) provides: "The
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment is to be liquidated,
while the powers of the Council of this Fund shall be
terminated by a separate Seimas resolution, when one has
settled up with the obligations of public enterprises
established with the funds of the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment, the property possessed by this Fund is
transferred as ownership to individual trade unions or
municipalities, or this property is sold and the funds have
been transferred to the entities indicated in Paragraph 2 of
Article 2 of this Law."
Paragraph 1 of Article 2 of the Law on the Distribution of
Property of Trade Unions (wording of 22 January 2002) provides:
"The Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment shall hold, use and
dispose of the property handed over to it, save the property
indicated in Article 3 of this Law, under the procedure
established by the Council of the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment."
Paragraph 2 of the same article inter alia provides that
"the funds of the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment and the
funds received as the result of possession, use and disposal of
the property handed over to this Fund, shall be transferred to
the Fund for Support of Trade Unions".
Article 5 of the Law on the Distribution of Property of
Trade Unions (wording of 22 January 2002) provides: "The
Council of new composition of the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment shall be established."
7.7. It has been held in this Ruling of the Constitutional
Court that also by this legal regulation, i.e. the one
established in the Law on the Distribution of Property of Trade
Unions (wording of 22 January 2002), the aforesaid legal
situation was created that allegedly there had not been any
legal regulation established by a law under which the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment had been liquidated, and
preconditions were created to believe that the said fund had
never been liquidated, that it was also operational at the time
of the adoption of the Law on the Distribution of Property of
Trade Unions of the new wording, i.e. on 22 January 2002. Thus,
also in this case the legislator confirmed a retroactive
provision by which it was attempted to retroactively restore
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment which had been
liquidated by the law, and thus, by backdating, to legalise its
activities which had not been discontinued de facto.
7.8. Paragraph 2 of Article 7 of the Constitution
provides: "Only laws which are published shall be valid."
While construing this norm of the Constitution, the
Constitutional Court held in its ruling of 11 January 2001:
"This constitutional norm means that laws are not valid
and may not be applied unless they are officially published.
The official publishing of laws in pursuance with the procedure
established in the Constitution and laws is a necessary
condition so that laws be valid and that subjects of legal
relations should know as to what laws are valid, what their
content is, and that they might follow these laws. There may
not be not published laws in a democratic state.
Paragraph 2 of Article 7 of the Constitution also reflects
the legal principle that the validity of published laws is
directed to the future and that these laws are not
retroactively valid (lex retro non agit). Thus, laws are
applied to the facts and effects which take place after these
laws go into effect. The requirement that the validity of
published laws be directed to the future and that these laws
should not be retroactively valid is an important precondition
of legal certainty and an essential element of the rule of law
and of a state under the rule of law."
7.9. After Article 1 of the 22 January 2002 Law on the
Amendment of Articles 3 and 6 of the Law "On the Property of
Former State Trade Unions of the Lithuanian SSR" had abolished
the provision establishing the date (1 July 2001) of the
liquidation of the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment and of
the termination of the powers of the council of this fund, and
after the provision "Property of former state trade unions of
the Lithuanian SSR <...> shall be transferred as ownership:
<...> 2) to <...> the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment, the regulations of which are approved by the
Seimas of the Republic of Lithuania" of Article 3 (wording of
22 January 2002) of the Law "On the Property of Former State
Trade Unions of the Lithuanian SSR", had been established also
after it had been established in Paragraph 1 of Article 2 of
the Law on the Distribution of Property of Trade Unions
(wording of 22 January 2002), which was adopted on the same
day, that "the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment shall
hold, use and dispose of the property handed over to it, save
the property indicated in Article 3 of this Law, under the
procedure established by the Council of the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment", after it had been, inter alia,
established in Paragraph 2 of the same article that "the funds
of the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment and the funds
received as the result of possession, use and disposal of the
property handed over to this Fund, shall be transferred to the
Fund for Support of Trade Unions", after it had been
established in Article 4 that "the Special Fund for Support of
the Functioning Trade Unions and Those in the Process of
Establishment is to be liquidated, while the powers of the
Council of this Fund shall be terminated by a separate Seimas
resolution, when one has settled up with the obligations of
public enterprises established with the funds of the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment, the property possessed by this
Fund is transferred as ownership to individual trade unions or
municipalities, or this property is sold and the funds have
been transferred to the entities indicated in Paragraph 2 of
Article 2 of this Law", and after it had been established in
Article 5 that "the Council of new composition of the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment shall be established", a legal
situation was created when the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment, which had been liquidated by the law, continued
its activities without being re-established.
It also needs to be noted that, under the Constitution, it
was not permitted that by such legal regulation the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment be re-established and it has not
been re-established.
By such legal regulation one gives the retroactive power
to the aforesaid norms of the laws and disregards the
constitutional principle lex retro non agit.
7.10. Taking account of the arguments set forth, one is to
conclude that Article 1 of the 22 January 2002 Law on the
Amendment of Articles 3 and 6 of the Law "On the Property of
Former State Trade Unions of the Lithuanian SSR" to the extent
that Item 2 (wording of 20 July 2000) of Article 3 of the Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR" was amended and that the words "and which shall operate
until 1 July 2001" were crossed out and the provision "the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment, the regulations of which
are approved by the Seimas of the Republic of Lithuania" was
established in this item (wording of 22 January 2002), the
provision "property of former state trade unions of the
Lithuanian SSR <...> shall be transferred as ownership: <...>
2) to <...> the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment, the
regulations of which are approved by the Seimas of the Republic
of Lithuania" of Article 3 (wording of 22 January 2002) of the
Law "On the Property of Former State Trade Unions of the
Lithuanian SSR", Paragraph 1 of Article 2 of the Law on the
Distribution of Property of Trade Unions (wording of 22 January
2002), the provision "the funds of the Special Fund for Support
of the Functioning Trade Unions and Those in the Process of
Establishment and the funds received as the result of
possession, use and disposal of the property handed over to
this Fund, shall be transferred to the Fund for Support of
Trade Unions" of Paragraph 2 of the same article, as well as
Articles 4 and 5 of the same law are in conflict with Paragraph
2 of Article 7 of the Constitution and the constitutional
principle of a state under the rule of law.
8. It was held in Article 1 of the Law on the Distribution
of Property of Trade Unions (wording of 20 July 2000) that it
is "adopted on the grounds that the Council of the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment has not followed the requirements of
the Law 'On the Property of Former State Trade Unions of the
Lithuanian SSR' and other legal acts regulating other issues of
property of trade unions of Lithuania and that it has not
performed the functions commissioned to it", also, that by the
Law on the Distribution of Property of Trade Unions "it is
attempted to protect the value of the national wealth of
Lithuania-buildings and other property which used to belong to
the trade unions-to properly possess and use it, and to create
an opportunity for trade unions to effectively use this
property and funds for the implementation of their aims".
8.1. It was established in Paragraph 5 of Article 3 of the
Law on the Distribution of Property of Trade Unions (wording of
20 July 2000): "The Anykščiai rehabilitation centre (former
rest-house 'Šilelis') and the rest-house 'Neringos kopos'
(former rest-house 'Neringa') shall be transferred, in equal
portions, as common shared ownership to the Labour Federation
of Lithuania, the Lithuanian Trade Unions Centre, the Workers
Union of Lithuania and the Alliance of Trade Unions of
Lithuania."
8.2. After the Law on the Distribution of Property of
Trade Unions had been amended by the Law on Amending the Law on
the Distribution of Property of Trade Unions, it was
established in Paragraph 5 of Article 3 of the Law on the
Distribution of Property of Trade Unions (wording of 22 January
2002): "The public enterprise "Anykščių šilelis" (former
rest-house 'Šilelis') and 'Neringos kopos' UAB (former
rest-house 'Neringa') shall be transferred, in equal portions,
as common shared ownership to the Labour Federation of
Lithuania, the Lithuanian Trade Unions Centre, the Workers
Union of Lithuania and the Alliance of Trade Unions of
Lithuania."
8.3. It was established in Paragraph 11 of Article 3 of
the Law on the Distribution of Property of Trade Unions
(wording of 20 June 2000): "The Labour Federation of Lithuania,
the Lithuanian Trade Unions Centre, the Workers Union of
Lithuania, and the Alliance of Trade Unions of Lithuania must,
until 1 September 2000, accept, by right of common shared
ownership, the Anykščiai rehabilitation centre (former
rest-house 'Šilelis') and the rest-house 'Neringos kopos'
(former rest-house 'Neringa')."
8.4. It has been mentioned that Article 2 (wording of 8
June 1995) of the Law "On the Establishment of the Property of
the Sanatorium-Resort Establishments and Rest-Houses Which Used
to Be Possessed by Former Trade Unions of the Lithuanian SSR"
indicates the objects-enterprises, establishments,
organisations and the property as well as funds which is
recorded in their balance-which belong to the state by right of
ownership, also the property which is or may be in these
objects which is in fact temporarily possessed and used by the
state, which was unlawfully nationalised or disseized in other
unlawful ways by the occupation government and to which, under
the law, the rights of ownership may be restored, are
recognised as property of trade unions of Lithuania and are
transferred to the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment, which,
under the Law "On the Property of Former State Trade Unions of
the Lithuanian SSR" transfers as ownership the said property
belonging to the state by right of ownership to trade unions of
Lithuania, including the property which is or may be in these
objects which is in fact temporarily possessed and used by the
state to which, under the law, the rights of ownership may be
restored.
It has also been mentioned that by the legal regulation
established in this article legal pre-conditions were created
to transfer as ownership also the property belonging to the
state by right of ownership to other entities, functioning
trade unions or those that were in the process of
establishment, which was not necessary for the trade unions in
order to establish themselves and begin their activities, also
the property that is or may be in the objects indicated in this
article, which is temporarily in fact possessed and used by the
state, but which was unlawfully nationalised or disseized in
other unlawful ways by the occupation government and to which,
under the law, the rights of ownership may be restored.
It has been held in this Ruling of the Constitutional
Court that such legal regulation established in Article 2
(wording of 8 June 1995) of the Law "On the Establishment of
the Property of the Sanatorium-Resort Establishments and
Rest-Houses Which Used to Be Possessed by Former Trade Unions
of the Lithuanian SSR" is in conflict with Paragraph 2 of
Article 5, Paragraph 2 of Article 23, Paragraph 1 of Article
50, and Paragraph 2 of Article 128 of the Constitution, as well
as the constitutional principle of a state under the rule of
law.
Article 2 (wording of 8 June 1995) of the Law "On the
Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" inter alia points
out the objects, i.e. former rest-house "Šilelis" and the
former rest-house "Neringa", which are indicated also in
Paragraphs 5 and 11 of Article 3 of the Law on the Distribution
of Property of Trade Unions (wording of 20 June 2000) and
Paragraph 5 of Article 3 of the Law on the Distribution of
Property of Trade Unions (wording of 22 January 2002).
8.5. Having held that Article 2 of the Law "On the
Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" is in conflict with
Paragraph 2 of Article 5, Paragraph 2 of Article 23, Paragraph
1 of Article 50, and Paragraph 2 of Article 128 of the
Constitution, as well as the constitutional principle of a
state under the rule of law, one is to hold that also
Paragraphs 5 and 11 of Article 3 of the Law on the Distribution
of Property of Trade Unions (wording of 20 June 2000) and
Paragraph 5 of Article 3 of the Law on the Distribution of
Property of Trade Unions (wording of 22 January 2002) are in
conflict with Paragraph 2 of Article 5, Paragraph 2 of Article
23, Paragraph 1 of Article 50, and Paragraph 2 of Article 128
of the Constitution, as well as the constitutional principle of
a state under the rule of law.
9. It has been mentioned that the petitioner requests to
investigate as to whether Item 8 of Article 2 of the Law "On
the Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" to the extent that
also the administrative building was transferred, which is
registered in the Real Property Register as property object
2.12, unique No. 34/962-0056-01-0, and provisions of Paragraph
5 of Article 3 of the Law on the Distribution of Property of
Trade Unions (wording of 20 July 2000) that the Anykščiai
rehabilitation centre (former rest-house "Šilelis") is
transferred as ownership to trade unions, to the extent that
also the administrative building was transferred, which is
registered in the Real Property Register as property object
2.12, unique No. 34/962-0056-01-0, are not in conflict with
Article 23 of the Constitution.
9.1. It has been held in this Ruling of the Constitutional
Court that Item 8 of Article 2 of the Law "On the Establishment
of the Property of the Sanatorium-Resort Establishments and
Rest-Houses Which Used to Be Possessed by Former Trade Unions
of the Lithuanian SSR" and Paragraph 5 of Article 3 of the Law
on the Distribution of Property of Trade Unions (wording of 20
June 2000) are in conflict with Paragraph 2 of Article 5,
Paragraph 2 of Article 23, Paragraph 1 of Article 50, and
Paragraph 2 of Article 128 of the Constitution, as well as the
constitutional principle of a state under the rule of law.
9.2. Having held that Item 8 of Article 2 of the Law "On
the Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" and Paragraph 5 of
Article 3 of the Law on the Distribution of Property of Trade
Unions (wording of 20 June 2000) are in conflict with Paragraph
2 of Article 5, Paragraph 2 of Article 23, Paragraph 1 of
Article 50, and Paragraph 2 of Article 128 of the Constitution,
as well as the constitutional principle of a state under the
rule of law, one is to hold that Item 8 of Article 2 of the Law
"On the Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR" and Paragraph 5 of
Article 3 of the Law on the Distribution of Property of Trade
Unions (wording of 20 June 2000) also to the extent pointed out
by the petitioner are in conflict with Paragraph 2 of Article
5, Paragraph 2 of Article 23, Paragraph 1 of Article 50, and
Paragraph 2 of Article 128 of the Constitution, as well as the
constitutional principle of a state under the rule of law.
Conforming to Articles 102 and 105 of the Constitution of
the Republic of Lithuania and Articles 1, 53, 54, 55 and 56 of
the Law on the Constitutional Court of the Republic of
Lithuania, the Constitutional Court of the Republic of
Lithuania has passed the following
ruling:
1. To recognise that the following listed below is in
conflict with Paragraph 2 of Article 5, Paragraph 2 of Article
23, Paragraph 1 of Article 50, and Paragraph 2 of Article 128
of the Constitution of the Republic of Lithuania, as well as
the constitutional principle of a state under the rule of law:
1.1. the provision "shall be transferred as ownership:
<...> 2) to <...> the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment, <...> which, within 5 years, transfers the
property to the existing and newly established trade unions" of
Article 3 (wording of 25 May 1993) of the Republic of Lithuania
Law "On the Property of Former State Trade Unions of the
Lithuanian SSR";
1.2. the provision "shall be transferred as ownership:
<...> 2) to <...> the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment, <...> which shall operate until 1 June 2006" of
Article 3 (wording of 27 June 1995) of the Republic of
Lithuania Law "On the Property of Former State Trade Unions of
the Lithuanian SSR";
1.3. the provision "shall be transferred as ownership:
<...> 2) to <...> the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment, <...>, which shall operate until 1 July 2001" of
Article 3 (wording of 20 July 2000) of the Republic of
Lithuania Law "On the Property of Former State Trade Unions of
the Lithuanian SSR";
1.4. Article 4 of the Republic of Lithuania Law "On the
Property of Former State Trade Unions of the Lithuanian SSR";
1.5. Article 5 (wording of 25 May 1993) of the Republic of
Lithuania Law "On the Property of Former State Trade Unions of
the Lithuanian SSR";
1.6. Article 5 (wording of 27 June 1995) of the Republic
of Lithuania Law "On the Property of Former State Trade Unions
of the Lithuanian SSR";
1.7. the provision "the property transferred to the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment" of Article 6 (wording of
23 February 1995) of the Republic of Lithuania Law "On the
Property of Former State Trade Unions of the Lithuanian SSR";
1.8. the provision "the property transferred to the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment" of Paragraph 1 (wording
of 27 June 1995) of Article 6 of the Republic of Lithuania Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR";
1.9. the provision "the property transferred to the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment" of Paragraph 1 (wording
of 24 June 1999) of Article 6 of the Republic of Lithuania Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR";
1.10. the provision "<...> the Council of the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment must hand over the property possessed
and used by the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment as
ownership to trade unions of Lithuania, <...> it must also
transfer the funds of the Fund as ownership to trade unions of
Lithuania" of Paragraph 2 (wording of 27 June 1995) of Article
6 of the Republic of Lithuania Law "On the Property of Former
State Trade Unions of the Lithuanian SSR";
1.11. the provision "<...> the Council of the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment must hand over the property possessed
and used by the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment as
ownership to trade unions of Lithuania, <...> it must also
transfer the funds of the Fund as ownership to trade unions of
Lithuania" of Paragraph 2 (wording of 21 December 1998) of
Article 6 of the Republic of Lithuania Law "On the Property of
Former State Trade Unions of the Lithuanian SSR";
1.12. the provision "<...> the Council of the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment must hand over the property possessed
and used by the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment as
ownership to trade unions of Lithuania, <...> it must also
transfer to them the funds of the Fund" of Paragraph 2 (wording
of 24 June 1999) of Article 6 of the Republic of Lithuania Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR";
1.13. the provision "<...> the Council of the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment must hand over the property possessed
and used by the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment as
ownership to trade unions of Lithuania, <...> it must also
transfer to them the funds of the Fund" of Paragraph 2 (wording
of 21 December 1999) of Article 6 of the Republic of Lithuania
Law "On the Property of Former State Trade Unions of the
Lithuanian SSR";
1.14. the provision "<...> the Council of the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment must hand over the property possessed
and used by the Special Fund for Support of the Functioning
Trade Unions and Those in the Process of Establishment as
ownership to trade unions of Lithuania, <...> it must also
transfer to them the funds of the Fund" of Paragraph 2 (wording
of 23 May 2000) of Article 6 of the Republic of Lithuania Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR";
1.15. the provision "the Council of the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment must hand over the property and funds
possessed and used by the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment as ownership to trade unions of Lithuania" of
Paragraph 2 (wording of 20 July 2000) of Article 6 of the
Republic of Lithuania Law "On the Property of Former State
Trade Unions of the Lithuanian SSR";
1.16. the provision "the Council of the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment must <...> establish the procedure for
possession, use and disposal of the property handed over to the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment and provide how one will
settle up for the obligations of public enterprises founded by
the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment" of Paragraph 2
(wording of 22 January 2002) of Article 6 of the Republic of
Lithuania Law "On the Property of Former State Trade Unions of
the Lithuanian SSR";
1.17. the provision "the Council of the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment must <...> take over the property of
the former state trade unions of the Lithuanian SSR" of
Paragraph 3 (wording of 24 June 1999) of Article 6 of the
Republic of Lithuania Law "On the Property of Former State
Trade Unions of the Lithuanian SSR";
1.18. Article 2 of the Republic of Lithuania Law "On the
Establishment of the Property of the Sanatorium-Resort
Establishments and Rest-Houses Which Used to Be Possessed by
Former Trade Unions of the Lithuanian SSR";
1.19. Article 4 (wording of 8 June 1995) of the Republic
of Lithuania Law "On the Establishment of the Property of the
Sanatorium-Resort Establishments and Rest-Houses Which Used to
Be Possessed by Former Trade Unions of the Lithuanian SSR";
1.20. Article 4 (wording of 20 July 2000) of the Republic
of Lithuania Law "On the Establishment of the Property of the
Sanatorium-Resort Establishments and Rest-Houses Which Used to
Be Possessed by Former Trade Unions of the Lithuanian SSR";
1.21. Paragraph 5 of Article 3 of the Republic of
Lithuania Law on the Distribution of Property of Trade Unions
(wording of 20 July 2000);
1.22. Paragraph 11 of Article 3 of the Republic of
Lithuania Law on the Distribution of Property of Trade Unions
(wording of 20 July 2000);
1.23. Paragraph 5 of Article 3 of the Republic of
Lithuania Law on the Distribution of Property of Trade Unions
(wording of 22 July 2002);
1.24. the provision "the property transferred as ownership
to the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment shall be composed of:
<...> 6) share of the property of sanatoriums and rest-houses
of trade unions of Lithuania" of Item 3 (wording of 1 June
1993) of the 1 June 1993 Seimas of the Republic of Lithuania
Resolution "On the Implementation of the Republic of Lithuania
Law 'On the Property of Former State Trade Unions of the
Lithuanian SSR'";
1.25. the provision "the property transferred as ownership
to the Special Fund for Support of the Functioning Trade Unions
and Those in the Process of Establishment shall be composed of:
<...> 5) share of the property of sanatoriums and rest-houses
of trade unions of Lithuania" of Item 3 (wording of 20 July
1994) of the 1 June 1993 Seimas of the Republic of Lithuania
Resolution "On the Implementation of the Republic of Lithuania
Law 'On the Property of Former State Trade Unions of the
Lithuanian SSR'";
1.26. the provision "property of the Fund shall be
composed of: <...> 6) share of the property of sanatoriums and
rest-houses of trade unions of Lithuania" of Item 1 (wording of
17 February 1994) of Chapter IV of the Regulations of the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment approved by the 17
February 1994 Seimas of the Republic of Lithuania Resolution
"On the Approval of the Regulations of the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment";
1.27. the provision "property of the Fund shall be
composed of: <...> 6) share of the property of sanatoriums and
rest-houses of trade unions of Lithuania" of Item 1 (wording of
27 June 1995) of Chapter IV of the Regulations of the Special
Fund for Support of the Functioning Trade Unions and Those in
the Process of Establishment approved by the 17 February 1994
Seimas of the Republic of Lithuania Resolution "On the Approval
of the Regulations of the Special Fund for Support of the
Functioning Trade Unions and Those in the Process of
Establishment".
2. To recognise that the following is in conflict with
Paragraph 2 of Article 7 of the Constitution of the Republic of
Lithuania and the constitutional principle of a state under the
rule of law:
2.1. Article 1 of the 22 January 2002 Republic of
Lithuania Law on the Amendment of Articles 3 and 6 of the Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR" to the extent that Item 2 (wording of 20 July 2000) of
Article 3 of the Republic of Lithuania Law "On the Property of
Former State Trade Unions of the Lithuanian SSR" was amended
and that the words "and which shall operate until 1 July 2001"
were crossed out and the provision "the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment, the regulations of which are approved
by the Seimas of the Republic of Lithuania" was established in
this item (wording of 22 January 2002);
2.2. Paragraph 1 of Article 2 of the Republic of Lithuania
Law on the Distribution of Property of Trade Unions (wording of
22 January 2002);
2.3. the provision "the funds of the Special Fund for
Support of the Functioning Trade Unions and Those in the
Process of Establishment and the funds received as the result
of possession, use and disposal of the property handed over to
this Fund, shall be transferred to the Fund for Support of
Trade Unions" of Paragraph 2 of Article 2 of the Republic of
Lithuania Law on the Distribution of Property of Trade Unions
(wording of 22 January 2002);
2.4. Article 4 of the Republic of Lithuania Law on the
Distribution of Property of Trade Unions (wording of 22 January
2002);
2.5. Article 5 of the Republic of Lithuania Law on the
Distribution of Property of Trade Unions (wording of 22 January
2002);
3. To recognise that the provision "property of former
state trade unions of the Lithuanian SSR <...> shall be
transferred as ownership: <...> 2) to <...> the Special Fund
for Support of the Functioning Trade Unions and Those in the
Process of Establishment, the regulations of which are approved
by the Seimas of the Republic of Lithuania" of Article 3
(wording of 22 January 2002) of the Republic of Lithuania Law
"On the Property of Former State Trade Unions of the Lithuanian
SSR" is in conflict with Paragraph 2 of Article 7 of the
Constitution of Republic of Lithuania and the constitutional
principle of a state under the rule of law, while the part
"shall be transferred as ownership: <...> 2) to <...> the
Special Fund for Support of the Functioning Trade Unions and
Those in the Process of Establishment" of the same provision is
also in conflict with Paragraph 2 of Article 5, Paragraph 2 of
Article 23, Paragraph 1 of Article 50, and Paragraph 2 of
Article 128 of the Constitution of the Republic of Lithuania.
This Constitutional Court ruling is final and not subject
to appeal.
The ruling is promulgated in the name of the Republic of
Lithuania.
Justices of the Constitutional Court: Armanas Abramavičius
Egidijus Jarašiūnas
Egidijus Kūris
Kęstutis Lapinskas
Zenonas Namavičius
Augustinas Normantas
Jonas Prapiestis
Vytautas Sinkevičius
Stasys Stačiokas