Lietuviškai
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF
LITHUANIA
DECISION
ON THE PETITION OF THE VILNIUS REGIONAL ADMINISTRATIVE
COURT, THE PETITIONER, REQUESTING TO INVESTIGATE WHETHER
RESOLUTION NO. 750 OF THE GOVERNMENT OF THE REPUBLIC OF
LITHUANIA "ON AMENDING RESOLUTION NO. 1154 OF THE GOVERNMENT OF
THE REPUBLIC OF LITHUANIA 'ON CONFIRMATION OF FOREST AREAS OF
STATE IMPORTANCE' OF 23 OCTOBER 1997" OF 28 MAY 2002 IS NOT IN
CONFLICT WITH ARTICLE 23 OF THE CONSTITUTION OF THE REPUBLIC OF
LITHUANIA AND PARAGRAPH 2 OF ARTICLE 4 OF THE REPUBLIC OF
LITHUANIA LAW ON THE RESTORATION OF THE RIGHTS OF OWNERSHIP OF
CITIZENS TO THE EXISTING REAL PROPERTY
9 November 2004
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 its procedural sitting considered the petition of the
Vilnius Regional Administrative Court requesting to investigate
as to whether Resolution No. 750 of the Government of the
Republic of Lithuania "On Amending Resolution No. 1154 of the
Government of the Republic of Lithuania 'On Confirmation of
Forest Areas of State Importance' of 23 October 1997" of 28 May
2002, to the extent that the forest area of plots Nos. 4, 5 and
6 of section 106 in Varnikai village of the Trakai district was
assigned, under the schemes drafted by the Ministry of
Environment, to the forest areas of state importance, is not in
conflict with Article 23 of the Constitution of the Republic of
Lithuania and Paragraph 2 of Article 4 of the Republic of
Lithuania Law on Restoration of the Rights of Ownership of
Citizens to the Existing Real Property.
The Constitutional Court
has established:
The Vilnius Regional Administrative Court, the petitioner,
applied to the Constitutional Court with a petition requesting
to investigate as to whether Government Resolution No. 750 "On
Amending Resolution No. 1154 of the Government of the Republic
of Lithuania 'On Confirmation of Forest Areas of State
Importance' of 23 October 1997" of 28 May 2002, to the extent
that the forest area of plots Nos. 4, 5 and 6 of section 106 in
Varnikai village of the Trakai district was assigned, under the
schemes drafted by the Ministry of Environment, to the forest
areas of state importance, is not in conflict with Article 23
of the Constitution of the Republic of Lithuania and the
provision of Paragraph 2 of Article 4 of the Republic of
Lithuania Law on Restoration of the Rights of Ownership of
Citizens to the Existing Real Property that land is returned in
kind at its former location.
The Constitutional Court
holds that:
The petition of the Vilnius Regional Administrative Court,
the petitioner, requesting to investigate as to whether
Government Resolution No. 750 "On Amending Resolution No. 1154
of the Government of the Republic of Lithuania 'On Confirmation
of Forest Areas of State Importance' of 23 October 1997" of 28
May 2002, to the extent that the forest area of plots Nos. 4, 5
and 6 of section 106 in Varnikai village of the Trakai district
was assigned, under the schemes drafted by the Ministry of
Environment, to the forest areas of state importance, is not in
conflict with Article 23 of the Constitution and Paragraph 2 of
Article 4 of the Law on Restoration of the Rights of Ownership
of Citizens to the Existing Real Property, is virtually in
compliance with the requirements established in the Law on the
Constitutional Court.
Conforming to Paragraph 1 of Article 102 of the
Constitution of the republic of Lithuania, Paragraph 1 of
Article 28 and Article 67 of the Law on the Constitutional
Court of the Republic of Lithuania, the Constitutional Court of
the Republic of Lithuania adopts the following
decision:
To accept the petition of the Vilnius Regional
Administrative Court, the petitioner, requesting to investigate
as to whether Resolution No. 750 of the Government of the
Republic of Lithuania "On Amending Resolution No. 1154 of the
Government of the Republic of Lithuania 'On Confirmation of
Forest Areas of State Importance' of 23 October 1997" of 28 May
2002, to the extent that the forest area of plots Nos. 4, 5 and
6 of section 106 in Varnikai village of the Trakai district was
assigned, under the schemes drafted by the Ministry of
Environment, to the forest areas of state importance, is not in
conflict with Article 23 of the Constitution of the Republic of
Lithuania and Paragraph 2 of Article 4 of the Republic of
Lithuania Law on Restoration of the Rights of Ownership of
Citizens to the Existing Real Property.
Justices of the Constitutional Court: Armanas Abramavičius
Egidijus Jarašiūnas
Egidijus Kūris
Kęstutis Lapinskas
Zenonas Namavičius
Augustinas Normantas
Jonas Prapiestis
Vytautas Sinkevičius
Stasys Stačiokas