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On the property held by the voluntary society for co-operation with the army, air force and navy (DOSAAF)

Case No. 19/2000

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

RULING

ON THE COMPLIANCE OF THE LEGAL ACTS SOLVING THE QUESTIONS OF THE PROPERTY HELD BY THE FORMER VOLUNTARY SOCIETY FOR CO-OPERATION WITH THE ARMY, AIR FORCE AND NAVY (DOSAAF) WITH THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

 

27 May 2002

Vilnius

 

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Armanas Abramavičius, Egidijus Jarašiūnas, Egidijus Kūris, Kęstutis Lapinskas, Zenonas Namavičius, Augustinas Normantas, Jonas Prapiestis, Vytautas Sinkevičius, and Stasys Stačiokas

The court reporter—Daiva Pitrėnaitė

Daina Petrauskaitė, the chief consultant to the Legal Department of the Office of the Seimas, acting as the representative of the party concerned, the Seimas of the Republic of Lithuania

The Constitutional Court of the Republic of Lithuania, pursuant to Articles 102 and 105 of the Constitution of the Republic of Lithuania and Article 1 of the Law on the Constitutional Court of the Republic of Lithuania, on 10 May 2002, in its public hearing, considered case No. 19/2000 subsequent to the petition of the Alytus District Local Court, the petitioner, requesting an investigation into whether the Preamble of the 15 November 1990 Resolution of the Supreme Council of the Republic of Lithuania “On the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy”, the Republic of Lithuania’s Law “On the State Enterprises not Intended for Either the Assessment in the Value of Shares or Privatisation until the Year 2000”, the Republic of Lithuania’s Law on Public Organisations, the Republic of Lithuania’s Law “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy”, the Republic of Lithuania’s Law “On the Amendment and Supplementation of the Republic of Lithuania’s Law ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’”, the Resolution of the Government of the Republic of Lithuania (No. 145) “On the Reorganisation of the Sport-Technical Union ‘Vytis’ and on the Supplementation of the List of State Enterprises of Special Purpose” of 18 April 1991, the Resolution of the Government of the Republic of Lithuania (No. 248) “On a Partial Amendment and Supplementation of the 18 April 1991 Resolution (No. 145) of the Government of the Republic of Lithuania” of 25 June 1991, the Resolution of the Government of the Republic of Lithuania (No. 855) “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” of 16 June 1995, the Resolution of the Government of the Republic of Lithuania (No. 902) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 June 1995, the Resolution of the Government of the Republic of Lithuania (No. 1270) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 22 September 1995, the Resolution of the Government of the Republic of Lithuania (No. 1629) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 December 1995 and the Resolution of the Government of the Republic of Lithuania (No. 1311) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 13 November 1996 were in compliance with Article 23 of the Constitution of the Republic of Lithuania.

The Constitutional Court

has established:

I

The Alytus District Local Court, the petitioner, was considering a civil case. The said court suspended the consideration of the case by its ruling and applied to the Constitutional Court with a petition requesting an investigation into whether the Preamble of the 15 November 1990 Resolution of the Supreme Council of the Republic of Lithuania “On the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” (Official Gazette Valstybės žinios, 1990, No. 33-802), the Republic of Lithuania’s Law “On the State Enterprises not Intended for Either the Assessment in the Value of Shares or Privatisation until the Year 2000” (Official Gazette Valstybės žinios, 1994, No. 102-2051), the Republic of Lithuania’s Law on Public Organisations (wording of 2 February 1995; Official Gazette Valstybės žinios, 1995, No. 18-400), the Republic of Lithuania’s Law “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” (Official Gazette Valstybės žinios, 1995, No. 41-989), the Republic of Lithuania’s Law “On the Amendment and Supplementation of the Republic of Lithuania’s Law ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’” (Official Gazette Valstybės žinios, 1995, No. 92-2055), the Resolution of the Government of the Republic of Lithuania (No. 145) “On the Reorganisation of the Sport-Technical Union ‘Vytis’ and on the Supplementation of the List of State Enterprises of Special Purpose” of 18 April 1991 (Official Gazette Valstybės žinios, 1991, No. 14-383), the Resolution of the Government of the Republic of Lithuania (No. 248) “On a Partial Amendment and Supplementation of the 18 April 1991 Resolution (No. 145) of the Government of the Republic of Lithuania” of 25 June 1991 (Official Gazette Valstybės žinios, 1991, No. 20-538), the Resolution of the Government of the Republic of Lithuania (No. 855) “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” of 16 June 1995 (Official Gazette Valstybės žinios, 1995, No. 51-1271), the Resolution of the Government of the Republic of Lithuania (No. 902) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 June 1995 (Official Gazette Valstybės žinios, 1995, No. 55-1377), the Resolution of the Government of the Republic of Lithuania (No. 1270) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 22 September 1995 (Official Gazette Valstybės žinios, 1995, No. 79-1841), the Resolution of the Government of the Republic of Lithuania (No. 1629) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 December 1995 (Official Gazette Valstybės žinios, 1996, No. 1-25) and the Resolution of the Government of the Republic of Lithuania (No. 1311) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 13 November 1996 (Official Gazette Valstybės žinios, 1996, No. 112-2544) were in compliance with Article 23 of the Constitution.

II

The petition of the petitioner is based on the following arguments.

In the opinion of the petitioner, the Voluntary Society for Co-operation with the Army, Air Force and Navy (hereinafter also referred to as the VSCAAFN) was a public organisation.

The 15 November 1990 Resolution of the Supreme Council of the Republic of Lithuania “On the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” commissioned the Government to take over all movable and real property of the former VSCAAFN and transfer this property to the technical sport society which was being created on the base of the former society.

The 28 December 1994 Law “On the State Enterprises not Intended for Either the Assessment in the Value of Shares or Privatisation until the Year 2000” included certain organisations of the former VSCAAFN into the list of the state enterprises not intended for either the assessment in the value of shares or privatisation until the year 2000.

On 2 February 1995, the Seimas enacted the Law on Public Organisations.

On 23 February 1995, the Seimas enacted the Law “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy”, while on 25 October 1995 it passed the Law “On the Amendment and Supplementation of the Republic of Lithuania’s Law ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’”.

On 18 April 1991, the Government adopted the Resolution (No. 145) “On the Reorganisation of the Sport-Technical Union ‘Vytis’ and on the Supplementation of the List of State Enterprises of Special Purpose”; on 25 June 1991, it adopted the Resolution (No. 248) “On a Partial Amendment and Supplementation of the 18 April 1991 Resolution (No. 145) of the Government of the Republic of Lithuania”. On 16 June 1995, the Government adopted the Resolution (No. 855) “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” which was amended by resolution No. 902 of 28 June 1995, resolution No. 1270 of 22 September 1995, resolution No. 1629 of 28 December 1995, and resolution No. 1311 of 13 November 1996.

The petitioner is of the opinion that the property of the VSCAAFN as a public organisation was nationalised by the aforementioned legal acts. Therefore, the petitioner doubts whether this is in compliance with Article 23 of the Constitution.

III

In the course of the preparation of the case for the Constitutional Court hearing, written explanations were received from the representatives of the party concerned, the Seimas, who were J. Orlauskas, a senior consultant at the Legal Department of the Office of the Seimas, and D. Petrauskaitė, the chief consultant at the Legal Department of the Office of the Seimas, as well as the representative of the party concerned, the Government, who was D. Pečiulis, Head of the State Property Division of the Enterprise Economics and Management Department of the Ministry of Economy of the Republic of Lithuania.

1. J. Orlauskas maintains that the VSCAAFN was an organisation of a foreign state whose task was to prepare residents of Lithuania to serve in the occupation army. The organisation was supported by the budget funds allocated to the Ministry of Defence of the USSR. The VSCAAFN was not registered as a public organisation in the Republic of Lithuania, thus, it must be considered to have been a state organisation of the foreign state. Therefore, in the opinion of the representative of the party concerned, the Supreme Council reasonably recognised the VSCAAFN as a state paramilitary organisation.

The representative of the party concerned notes that the 28 December 1994 Law “On the State Enterprises not Intended for Either the Assessment in the Value of Shares or Privatisation until the Year 2000” included the former state Alytus technical school which was at the disposal of the Ministry of Defence of the Republic of Lithuania, as well as other property belonging to organisations of the VSCAAFN, into the list of the state enterprises not intended for either the assessment in the value of shares or privatisation. The 23 February 1995 Law “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” transferred the said property to a public organisation, which was the Lithuanian Technical Sport Society. After the said law had gone into effect, the legal acts on transfer of the said property to the Ministry of Defence and the legal acts on the prohibition against the privatisation and the assessment in the value of shares of the same became no longer valid. Article 1 of the 25 October 1995 Law “On the Amendment and Supplementation of the Republic of Lithuania’s Law ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’” provides that the state enterprises which had been founded and which had functioned on the base of the VSCAAFN property had to be categorised as belonging to the sphere of regulation by the Lithuanian Technical Sport Society.

According to J. Orlauskas, the laws pointed out in the petition of the petitioner are in compliance with Article 23 of the Constitution. The government resolutions which are impugned by the petitioner were adopted in the course of the implementation of the valid laws, therefore, they are also in conformity with Article 23 of the Constitution.

2. D. Petrauskaitė maintains that, while assessing the compliance of the impugned legal acts with Article 23 of the Constitution, one must elucidate the reasons that conditioned the adoption of the said legal acts.

The representative of the party concerned notes that the VSCAAFN had never been registered as an independent organisation in Lithuania. In Lithuania during the years of the Soviet occupation it operated as a subdivision of the USSR VSCAAFN (DOSAAF). The DOSAAF was established by means of resolution No. 3060 of 20 August 1951 adopted by the USSR Soviet of Ministers, by joining the voluntary societies for co-operation with the army, air force and navy (DOSARM, DOSAV, DOSFLOT) into one organisation.

According to D. Petrauskaitė, the Supreme Council reasonably held in its 15 November 1990 Resolution “On the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” that the purposes of the VSCAAFN in Lithuania were preparation of young people for the service in the army of the foreign state, and that the VSCAAFN was virtually a state paramilitary organisation but not a public one.

D. Petrauskaitė maintains that it was impossible that such an organisation should operate in the independent Lithuania since this would have been in conflict with the provisions of the Provisional Basic Law of the Republic of Lithuania: “The Republic of Lithuania shall be a sovereign democratic state expressing the general will and interests of the people of Lithuania” (Article 1); “Parties, public organisations and public movements shall be created according to the procedure established by law and shall function within the limits of the Provisional Basic Law and other laws of the Republic of Lithuania” (Article 5). Therefore, after the independence of the Republic of Lithuania had been restored, the question of the future operation of the VSCAAFN subdivision in Lithuania had to be decided without delay. This was done by the Supreme Council when it adopted the 22 March 1990 Resolution “On the Voluntary Society for Co-operation with the Army, Air Force and Navy which is in Lithuania” in which it was provided that the Voluntary Society for Co-operation with the Army, Air Force and Navy, as well as the enterprises and organisations subordinate to it, shall be placed under the jurisdiction of the Republic of Lithuania. The said resolution commissioned the Government to temporarily manage the VSCAAFN until its extraordinary conference.

The representative of the party concerned notes that, by means of its 31 October 1990 Resolution “On the Reform of the Voluntary Society for Co-operation with the Army, Air Force and Navy”, the Presidium of the Supreme Council recognised the 27 September 1990 VSCAAFN Congress and the resolutions of the latter, however, the VSCAAFN did not get registered as an independent organisation in Lithuania. Under such circumstances, the state had to take over its property.

D. Petrauskaitė pays attention to the fact that the greater part of the former VSCAAFN property was handed over to public organisations (the Lithuanian Technical Sport Society and the Lithuanian Aviation Club) so that it would be used to develop technical sports in Lithuania.

In her explanations D. Petrauskaitė contends that Article 23 of the Constitution guarantees the right of every natural and legal person to use his property unhampered and consolidates the inviolability of this property. In the opinion of the representative of the party concerned, the legislature, after it had recognised the property of the organisation the activities in Lithuania whereof were terminated upon the restoration of the independence of the Republic of Lithuania as property of all residents of the Republic of Lithuania and after it transferred the said property to the use in the public interests, did not violate the rights of ownership.

D. Petrauskaitė maintains that the impugned legal acts on the nationalisation of the former VSCAAFN property are in compliance with Article 23 of the Constitution.

3. In his explanations D. Pečiulis notes that the Government Resolution (No. 145) “On the Reorganisation of the Sport-Technical Union ‘Vytis’ and on the Supplementation of the List of State Enterprises of Special Purpose” of 18 April 1991 and its subsequent amendments were prepared in the course of the enforcement of the 31 October 1990 Supreme Council Resolution “On the Reform of the Voluntary Society for Co-operation with the Army, Air Force and Navy” and the 15 November 1990 Supreme Council Resolution “On the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy”, while the Government Resolution (No. 855) “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” of 16 June 1995 and its subsequent amendments were prepared in the course of the enforcement of the 23 February 1995 Law “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy”.

In the opinion of D. Pečiulis, the 15 November 1990 Supreme Council Resolution “On the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” and the 23 February 1995 Law “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” are in compliance with Article 23 of the Constitution.

The representative of the party concerned also maintains that upon taking over the VSCAAFN property, one could not adequately compensate for it in accordance with Article 23 of the Constitution as no legitimate successor to the rights and obligations of the said society appeared either at the time of the adoption of the aforementioned government resolutions or later. D. Pečiulis is of the opinion that the Government Resolution (No. 145) “On the Reorganisation of the Sport-Technical Union ‘Vytis’ and on the Supplementation of the List of State Enterprises of Special Purpose” of 18 April 1991 and its subsequent amendments and the Government Resolution (No. 855) “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” of 16 June 1995 together with its amendments are in compliance with Article 23 of the Constitution.

IV

In the course of the preparation of the case for the judicial investigation, written explanations were received from V. Markevičius, Minister of Justice of the Republic of Lithuania, J. Bernatonis, Minister of the Interior of the Republic of Lithuania, V. Sarapinas, Acting State Secretary of the Ministry of Defence of the Republic of Lithuania, and Prof. T. Birmontienė, Head of the Constitutional Law Department of the Law Faculty, the Law University of Lithuania.

V

At the Constitutional Court hearing the representative of the party concerned, the Seimas, who was D. Petrauskaitė, virtually reiterated the arguments set forth in her written explanations.

The Constitutional Court

holds that:

I

1. On 15 November 1990, the Supreme Council adopted the Resolution “On the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” in the Preamble whereof it was stated that “the Voluntary Society for Co-operation with the Army, Air Force and Navy which is in Lithuania, performing the task of the USSR armed forces to prepare young people for the military service, in essence was not a public organisation but a state paramilitary organisation and represented the interests of the USSR in Lithuania. The property <…> of this organisation was created by means of labour and finances of all people of Lithuania. It rightly belongs to all residents of the Republic of Lithuania.” Item 1 of the said resolution commissioned the Government to take over all property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy and transfer this property to the technical sport society which was being created on the base of the former society.

2. On 18 April 1991, the Government adopted the Resolution (No. 145) “On the Reorganisation of the Sport-Technical Union ‘Vytis’ and on the Supplementation of the List of State Enterprises of Special Purpose” whereby it was decided to reorganise the Sport-Technical Union “Vytis” under the Department of Defence into the State Sport and Technology Organisation “Vytis” and the Union of Technical-Sport Clubs. This government resolution approved of the resolution of the 3 April 1991 Conference of the Sport-Technical Union “Vytis” under the Department of Defence that certain enterprises shall be members of the Union of Technical-Sport Clubs and the Lithuanian Aviation Club. According to the said resolution, the technical-sport clubs that had not belonged to the Union of Technical-Sport Clubs, together with technical schools were categorised as belonging to the State Sport and Technology Organisation “Vytis” and included into the list of state enterprises of special purpose. The Government Resolution (No. 248) “On a Partial Amendment and Supplementation of the 18 April 1991 Resolution (No. 145) of the Government of the Republic of Lithuania” of 25 June 1991 gave the name “public organisations” to the state enterprises which had been referred to by the Government Resolution (No. 145) “On the Reorganisation of the Sport-Technical Union ‘Vytis’ and on the Supplementation of the List of State Enterprises of Special Purpose” of 18 April 1991 as members of the Union of Technical-Sport Clubs and the Lithuanian Aviation Club.

3. On 28 December 1994, the Seimas enacted the Law “On the State Enterprises not Intended for Either the Assessment in the Value of Shares or Privatisation until the Year 2000” that approved the list of enterprises not intended for either the assessment in the value of shares or privatisation until the year 2000. Part of the enterprises taken over from the VSCAAFN and placed under the jurisdiction of the Ministry of Defence were included into the list of such enterprises as well.

4. On 23 February 1995, the Seimas enacted the Law “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy”, while on 25 October 1995 it passed the Law “On the Amendment and Supplementation of the Republic of Lithuania’s Law ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’”. These laws decided the issues of transfer of the property of the former VSCAAFN for using and managing.

While enforcing the said laws, on 16 June 1995, the Government adopted the Resolution (No. 855) “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy”; on 28 June 1995, it adopted the Resolution (No. 902) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995”, on 22 September 1995, it adopted the Resolution (No. 1270) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995”; on 28 December 1995, it adopted the Resolution (No. 1629) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995”; and, on 13 November 1996, it adopted the Resolution (No. 1311) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995”. These government resolutions were deciding the issues of the use and management of the property formerly held by the VSCAAFN.

5. On 2 February 1995 the Seimas enacted the Law on Public Organisations in which it established the basics of the establishment, activity and cessation of activity of public organisations. The Law on Public Organisations was set forth in its new wording by the law of 11 June 1998.

6. On 5 March 2002, the Seimas adopted the Law on the Recognition of the Republic of Lithuania’s Law “On the State Enterprises not Intended for Either the Assessment in the Value of Shares or Privatisation until the Year 2000” as Null and Void. The said law recognised the 28 December 1994 Law “On the State Enterprises not Intended for Either the Assessment in the Value of Shares or Privatisation until the Year 2000” as null and void.

7. The petitioner requests the Constitutional Court to investigate whether the Preamble of the 15 November 1990 Supreme Council Resolution “On the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” and other legal acts pointed out by the petitioner which, in his opinion, nationalised the property of the VSCAAFN as a public organisation are in compliance with Article 23 of the Constitution.

8. Although the petitioner requests the Constitutional Court to investigate only the compliance of the Preamble of the 15 November 1990 Supreme Council Resolution “On the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” with Article 23 of the Constitution, however, it is clear from the reasoning of the petition that the petitioner doubts not only as regards the compliance of the preamble of the said resolution with Article 23 of the Constitution but also that of Item 1 of the said resolution to the extent that it establishes that the Government is commissioned to take over all movable and real property as well as material resources of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy on the basis of the certificate of the said organisation and transfer this property to the technical sport society which was being created on the base of the former society.

9. Although the petitioner requests the Constitutional Court to investigate the compliance of the Government Resolution (No. 145) “On the Reorganisation of the Sport-Technical Union ‘Vytis’ and on the Supplementation of the List of State Enterprises of Special Purpose” of 18 April 1991 and the Government Resolution (No. 248) “On a Partial Amendment and Supplementation of the 18 April 1991 Resolution (No. 145) of the Government of the Republic of Lithuania” of 25 June 1991 with Article 23 of the Constitution, however, it is clear from the reasoning of the petition that the petitioner does not doubt as regards the compliance of the entire said government resolutions with Article 23 of the Constitution but to the extent that these resolutions establish the reorganisation of the Sport-Technical Union “Vytis” under the Department of Defence into the State Sport and Technology Organisation “Vytis” and the Union of Technical-Sport Clubs and that they regulate the issues of categorisation of certain organisations (technical schools, sport clubs etc.) that had not belonged to the aforesaid union as falling within the sphere of the regulation by the State Sport and Technology Organisation “Vytis” and the issues of their inclusion into the list of state enterprises of special purpose.

10. Although the petitioner requests the Constitutional Court to investigate the compliance of the 28 December 1994 Law “On the State Enterprises not Intended for Either the Assessment in the Value of Shares or Privatisation until the Year 2000” with Article 23 of the Constitution, however, it is clear from the reasoning of the petition that the petitioner does not doubt as regards the compliance of the entire said law with Article 23 of the Constitution but to the extent that it provides that until the year 2000 one intends neither to assess certain enterprises of the former VSCAAFN which were categorised as belonging to the sphere of the regulation by the Ministry of Defence in the value of shares nor to privatise such enterprises.

11. Although the petitioner requests the Constitutional Court to investigate the compliance of the 23 February 1995 Law “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy”, the 25 October 1995 Law “On the Amendment and Supplementation of the Republic of Lithuania’s Law ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’”, the Government Resolution (No. 855) “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” of 16 June 1995, the Government Resolution (No. 902) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 June 1995, the Government Resolution (No. 1270) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 22 September 1995, the Government Resolution (No. 1629) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 December 1995, and the Government Resolution (No. 1311) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 13 November 1996 with Article 23 of the Constitution, however, it is clear from the reasoning of the petition that the petitioner does not doubt as regards the compliance of the entire said legal acts with Article 23 of the Constitution but to the extent that they provide for the transfer of the property of the former VSCAAFN to corresponding organisations and institutions and that they regulate distribution of this property among the said organisations and institutions.

12. The petitioner requests the Constitutional Court to investigate the compliance of the Law on Public Organisations with Article 23 of the Constitution. The Law on Public Organisations regulates the relations of the establishment, activity and cessation of activity of public organisations. The petition does not point out as to what articles (paragraphs thereof) of the said law may be in conflict with the Constitution. Nor does the petition present any arguments upon which the doubts of the petitioner are grounded.

It is clear from the petition of the petitioner that it thinks that the VSCAAFN used to be a public organisation, therefore, when questions of the property held by the former VSCAAFN are decided, the provision of the Law on Public Organisations must be applied.

Under Paragraph 1 of Article 102 of the Constitution, the Constitutional Court shall decide whether the laws and other legal acts adopted by the Seimas are in conformity with the Constitution and whether legal acts adopted by the President of the Republic and the Government of the Republic are in conformity with the Constitution or laws. The Constitutional Court does not decide questions of application of law (the Constitutional Court’s decision of 11 July 1994, its ruling of 11 January 2001, and its decision of 3 April 2001). Under Item 2 of Paragraph 1 of Article 69 of the Constitutional Court, the Constitutional Court shall refuse to consider petitions for the examination of the constitutionality of a legal act if the examination of the petition does not fall under the jurisdiction of the Constitutional Court. Paragraph 3 of Article 69 of the Constitutional Court provides that in the event that the grounds for refusal to consider a petition have been established after the initiation of the examination of the case during the session of the Constitutional Court, a decision to dismiss the case shall be adopted.

Taking account of the fact that questions of application of law do not fall under the jurisdiction of the Constitutional Court, the case in the part concerning the Republic of Lithuania’s Law on Public Organisations which was adopted on 2 February 1995 must be dismissed.

13. Subsequent to the petition of the petitioner, the Constitutional Court will consider whether the following is in compliance with Article 23 of the Constitution:

1) the Preamble of the 15 November 1990 Supreme Council Resolution and Item 1 of the said resolution to the extent that it establishes that the Government is commissioned to take over all movable and real property as well as material resources of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy on the basis of the certificate of the said organisation and transfer this property to the technical sport society which was being created on the base of the former society;

2) the 28 December 1994 Law “On the State Enterprises not Intended for Either the Assessment in the Value of Shares or Privatisation until the Year 2000” to the extent that it provides that certain enterprises taken over from the former VSCAAFN and categorised as belonging to the sphere of regulation by the Ministry of Defence were not intended for either the assessment in the value of shares or privatisation until the year 2000;

3) the 23 February 1995 Law “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” and the 25 October 1995 Law “On the Amendment and Supplementation of the Republic of Lithuania’s Law ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’” to the extent that they provide for the transfer of the property of the former VSCAAFN to corresponding organisations and institutions and that they regulate distribution of this property among the said organisations and institutions;

4) the Government Resolution (No. 145) “On the Reorganisation of the Sport-Technical Union ‘Vytis’ and on the Supplementation of the List of State Enterprises of Special Purpose” of 18 April 1991 and the Government Resolution (No. 248) “On a Partial Amendment and Supplementation of the 18 April 1991 Resolution (No. 145) of the Government of the Republic of Lithuania” of 25 June 1991 to the extent that these resolutions establish the reorganisation of the Sport-Technical Union “Vytis” into the State Sport and Technology Organisation “Vytis” and the Union of Technical-Sport Clubs and that they regulate the issues of the categorisation of certain organisations (technical schools, sport clubs etc.) that had not belonged to the aforesaid union as falling within the sphere of regulation by the State Sport and Technology Organisation “Vytis” and the issues of their inclusion into the list of state enterprises of special purpose;

5) the Government Resolution (No. 855) “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” of 16 June 1995, the Government Resolution (No. 902) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 June 1995, the Government Resolution (No. 1270) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 22 September 1995, the Government Resolution (No. 1629) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 December 1995, and the Government Resolution (No. 1311) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 13 November 1996 to the extent that they provide for the transfer of the property of the former VSCAAFN to corresponding organisations and institutions and that they regulate distribution of this property among the said organisations and institutions.

II

While deciding whether the legal acts impugned by the petitioner are in compliance with the Constitution, one has to establish the legal nature and status of the VSCAAFN (DOSAAF) as an organisation which operated in Lithuania at the time of the occupation.

It needs to be noted that the VSCAAFN (DOSAAF) was established by the Resolution of 20 August 1951 adopted by the USSR Soviet of Ministers, i.e. it was established by means of a state act. The VSCAAFN (DOSAAF) was commissioned to increase the USSR defence capacity, the might of the Soviet Army, Air Force and Navy, to prepare young people for the service in the Soviet Army and Navy, to educate members of the VSCAAFN (DOSAAF) in the spirit of selfless devotion to the Communist Party and love to the Soviet Army etc.

Thus, while taking account of the procedure of establishment of the VSCAAFN (DOSAAF) and the tasks assigned to it, one must hold that it used to be a paramilitary organisation which was created in Lithuania by the foreign state and which used to support the occupation troops.

III

While deciding whether the impugned legal acts are in compliance with the Constitution, one must establish the legal acts on the grounds of which the property held by the VSCAAFN was taken over and also the manner of solving the issues of the future management and use of the said property was decided.

1. On 11 March 1990 the Supreme Council of the Republic of Lithuania enacted 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. It was established in Article 44 of the said law 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 property.

2. After the independence of Lithuania had been restored, one decided the issues of the Lithuanian property which used to be managed by USSR institutions. The 13 March 1990 Supreme Council Resolution “On the Status of the Enterprises, Establishments and Organisations which are in the Territory of the Republic of Lithuania and which are under the Union and Union-Republic Jurisdiction” provides that on the day of the adoption of the same resolution all state enterprises, establishments and organisations which are in the territory of the Republic of Lithuania and which are under the union and union-republic jurisdiction shall be placed under the jurisdiction of the Republic of Lithuania.

One of such USSR institutions was the VSCAAFN (DOSAAF) which, as it has been mentioned, was created in Lithuania by the foreign state and which used to support the occupation troops.

On 22 March 1990 the Supreme Council adopted the Resolution “On the Voluntary Society for Co-operation with the Army, Air Force and Navy which is in Lithuania” in which it was provided that the Voluntary Society for Co-operation with the Army, Air Force and Navy, as well as the enterprises and organisations subordinate to it, shall be placed under the jurisdiction of the Republic of Lithuania.

In the context of the case at issue, it needs to be noted that the formula “shall be placed under the jurisdiction of the Republic of Lithuania” which is employed in the 22 March 1990 Resolution “On the Voluntary Society for Co-operation with the Army, Air Force and Navy which is in Lithuania” means that the property which was held by the VSCAAFN (DOSAAF) is treated to be property of the State of Lithuania.

3. On 15 November 1990, the Supreme Council adopted the Resolution “On the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy”. It is established in the Preamble of the said resolution that the Voluntary Society for Co-operation with the Army, Air Force and Navy which is in Lithuania was not a public organisation but a USSR state paramilitary organisation. The same resolution also specified that “the property of the enterprises, educational establishments, technical sport bases and other objects of this organisation was created by means of labour and finances of all people of Lithuania. It rightly belongs to all residents of the Republic of Lithuania.” Item 1 of the said resolution commissioned the Government to take over all property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy and transfer this property to the technical sport society which was being created on the base of the former society.

4. By means of its protocol decision of 19 November 1990, the Government decided to categorise the Technical Sport Society which was being formed on the base of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy as falling within the sphere of the regulation by the Department of Defence.

5. Order No. 32 of 29 November 1990 of the Department of Defence established that the Sport-Technical Union “Vytis” under the Department of Defence shall be founded pro tempore until the establishment of the Sport and Technology Society.

6. The Resolution (No. 145) “On the Reorganisation of the Sport-Technical Union ‘Vytis’ and on the Supplementation of the List of State Enterprises of Special Purpose” of 18 April 1991 reorganised the Sport-Technical Union “Vytis” under the Department of Defence into the State Sport and Technology Organisation “Vytis” and the Union of Technical-Sport Clubs. This government resolution approved of the resolution of the 3 April 1991 Conference of the Sport-Technical Union “Vytis” under the Department of Defence that certain enterprises shall be members of the Union of Technical-Sport Clubs and the Lithuanian Aviation Club. The other organisations (technical schools, sport clubs etc.) that had not belonged to the aforesaid union were categorised as belonging to the State Sport and Technology Organisation “Vytis” and included into the list of state enterprises of special purpose.

7. By means of government order No. 281p of 6 May 1991, the Statute of the State Sport and Technology Organisation “Vytis” was approved. As one of the guidelines for the activities of this organisation, it was provided that the State Sport and Technology Organisation “Vytis” shall take care of the preservation of the state property which it uses and which is controlled by the enterprises which are in the sphere of regulation of the “Vytis”.

8. The Government Resolution (No. 248) “On a Partial Amendment and Supplementation of the 18 April 1991 Resolution (No. 145) of the Government of the Republic of Lithuania” of 25 June 1991 gave the name “public organisations” to the state enterprises which had been referred to by government resolution No. 145 of 18 April 1991 as members of the Union of Technical-Sport Clubs and the Lithuanian Aviation Club.

9. By means of the Government Resolution (No. 388) “On the Abolishment of the State Sport and Technology Organisation ‘Vytis’ and on Handover of Certain Enterprises of the Said Organisation into the Balance of the Department of Defence” of 20 September 1991, the State Sport and Technology Organisation “Vytis” was abolished and government order of 6 May 1991 on the statute of the said organisation was recognised as null and void. The government resolution of 20 September 1991 provided that the enterprises and property that had been in the sphere of regulation by the State Sport and Technology Organisation “Vytis” had to be transferred to the Department of Defence.

10. On 28 December 1994 the Seimas enacted the Law “On the State Enterprises not Intended for Either the Assessment in the Value of Shares or Privatisation until the Year 2000”. The said law included also certain enterprises taken over from the former VSCAAFN into the list of such enterprises.

11. By the 23 February 1995 Law “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy”, the 15 November 1990 Supreme Council Resolution was amended and entities were pointed out which had to be given the property of the former VSCAAFN for managing and using. The said property of the former VSCAAFN is transferred to the Lithuanian Technical Sport Society, the Lithuanian Aviation Club, Vilnius Technical University and other state institutions for managing and using. The Government was commissioned to conclude the agreements on the use of the property with the institutions which were handed over the said property and to control the observance of the agreements. The same law also specified that the property of the former VSCAAFN shall be distributed among the Lithuanian Technical Sport Society, the Lithuanian Aviation Club, Vilnius Technical University and other state institutions under Annexes 1, 2 and 3 of the same law.

12. In the course of the enforcement of the 23 February 1995 Law “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy, by means of its Resolution (No. 855) “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” of 16 June 1995 the Government obligated the Ministry of Defence, the Ministry of Industry and Commerce, the Department of Physical Culture and Sport under the Government as well as municipalities to hand over the property of the former VSCAAFN until 1 September 1995, while it obligated the Lithuanian Technical Sport Society, the Lithuanian Aviation Club, Vilnius Technical University and other state institutions to take over the said property under Annexes 1, 2 and 3 of the same resolution the Ministry of Economy was commissioned to conclude agreements on the use of the property with the institutions taking over the same property.

13. By means of the Government Resolution (No. 902) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 June 1995, certain provisions of annexes of resolution No. 855 of 16 June 1995 on the distribution of the property of the former VSCAAFN which was being transferred to the Lithuanian Technical Sport Society and the Lithuanian Aviation Club were amended.

14. By means of the Government Resolution (No. 1270) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 22 September 1995, the Ministry of the Interior was obligated to transfer the property of the former VSCAAFN as to the situation of the said property which existed in 1 July 1995 together with all its the rights and liabilities. The same government resolution supplemented resolution No. 855 of 16 June 1995 with the provision that obligated the Ministry of Defence, the Ministry of Industry and Commerce, the Ministry of the Interior, the Department of Physical Culture and Sport under the Government as well as municipalities to hand over the property of the former VSCAAFN, and obligated the Lithuanian Technical Sport Society, the Lithuanian Aviation Club, Vilnius Technical University and other state institutions to take over the said property together with all its rights and liabilities.

15. The 25 October 1995 Republic of Lithuania’s Law “On the Amendment and Supplementation of the Republic of Lithuania’s Law ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’” specified that the state enterprises which have been founded and which are functioning on the base of the VSCAAFN property shall be categorised as falling within the sphere of the regulation by the Lithuanian Technical Sport Society.

16. The Government Resolution (No. 1629) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 December 1995 established that the founders’ rights of the established state enterprises on the base of the former VSCAAFN property pointed out in Annex 1 of said government resolution No. 855 of 16 June 1995 shall be given to the Lithuanian Technical Sport Society and Vilnius Technical University, and that this property may be transferred, mortgaged or pawned with a permission of the Government only.

17. The Government Resolution (No. 1311) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 13 November 1996 established the right for county governors to certify the acts of transfer of the property of the former VSCAAFN and to conclude agreements with the institutions taking over the said property, while it obligated the Ministry of Economy to hand over the concluded agreements on the use of the property of the former VSCAAFN to the county governors.

IV

On the compliance of the 15 November 1990 Supreme Council Resolution “On the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” with Article 23 of the Constitution.

1. Article 23 of the Constitution provides:

Property shall be inviolable.

The rights of ownership shall be protected by law.

Property may only be seized for the needs of society according to the procedure established by law and must be adequately compensated for.”

The provisions of Article 23 of the Constitution, which constitute a whole, disclose the essence of the protection of the rights of ownership. The said provisions guarantee the protection of property for all its owners, i.e. natural persons, legal persons, municipalities and the state. The principle of inviolability of property established in this article of the Constitution also means that the entity of ownership is guaranteed the right to demand that other persons not infringe his rights of ownership. The legislature has a duty to enact laws protecting the rights of ownership of the owner against any unlawful encroachment upon them. The Constitution guarantees that no one may seize property in an arbitrary manner and on an illegal basis.

2. The Preamble of the 15 November 1990 Resolution of the Supreme Council of the Republic of Lithuania “On the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” provides that “the Voluntary Society for Co-operation with the Army, Air Force and Navy which is in Lithuania, performing the task of the USSR armed forces to prepare young people for the military service, in essence was not a public organisation but a state paramilitary organisation and represented the interests of the USSR in Lithuania. The property of the enterprises, educational establishments, technical sport bases and other objects of this organisation was created by means of labour and finances of all people of Lithuania. It rightly belongs to all residents of the Republic of Lithuania.” Item 1 of the same resolution provides: “While taking account of the existing reorganisation of the aforementioned society and its integration into the infrastructure of the Republic of Lithuania and in an attempt to preserve the accumulated property, to commission the Government of the Republic of Lithuania to take over all movable and real property as well as material resources of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy on the basis of the certificate of the said organisation. This property must be transferred to the technical sport society which is being created on the base of the said society.”

3. In the opinion of the petitioner, by the said Supreme Council resolution the property of the former VSCAAFN as a public organisation was nationalised, while this, according to the petitioner, is in conflict with Article 23 of the Constitution.

4. It has been held in this ruling of the Constitutional Court that the VSCAAFN (DOSAAF) used to be a paramilitary organisation which was created in Lithuania by the foreign state and which used to support the occupation troops. In this Ruling it has also been held that the Lithuanian property held by the VSCAAFN (DOSAAF) is property of the State of Lithuania.

5. It needs to be noted that after the 15 November 1990 Supreme Council Resolution “On the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” had commissioned the Government to take over the property held by the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy, the right of the state as the owner of this property to possess, use and dispose of the said property was implemented. The provision on the transfer of such property to the technical sport society which was being created meant that the property belonging to the State of Lithuania by right of ownership had to be transferred to the technical sport society to use and possess but not for ownership of this society. This resolution does not contain any provisions denying the rights of ownership of the state as the owner of the aforementioned property.

6. Taking account of the arguments set forth, it should be concluded that the Preamble of the 15 November 1990 Supreme Council Resolution “On the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” and Item 1 of the said resolution to the extent that it establishes that the Government is commissioned to take over all movable and real property as well as material resources of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy on the basis of the certificate of the said organisation and transfer this property to the technical sport society which was being created on the base of the former society are in compliance with Article 23 of the Constitution.

V

On the compliance of the 28 December 1994 Law “On the State Enterprises not Intended for Either the Assessment in the Value of Shares or Privatisation until the Year 2000”, the 23 February 1995 Law “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” and the 25 October 1995 Law “On the Amendment and Supplementation of the Republic of Lithuania’s Law ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’” with Article 23 of the Constitution.

1. On 28 December 1994 the Seimas enacted the Law “On the State Enterprises not Intended for Either the Assessment in the Value of Shares or Privatisation until the Year 2000” in which it was specified that part of the enterprises taken over from the VSCAAFN and categorised as falling within the sphere of the regulation by the Ministry of Defence shall be included into the list of the state enterprises not intended for either the assessment in the value of shares or privatisation until the year 2000.

2. On 23 February 1995, the Seimas enacted the Law “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” whereby the 15 November 1990 Supreme Council Resolution was amended and the entities were pointed out to which the property of the former VSCAAFN was to be transferred for managing and using. The Lithuanian Aviation Club, Vilnius Technical University and other state institutions were categorised as belonging to such entities as well. This law obligated the Government to distribute the property of the former VSCAAFN among the said institutions under Annexes 1, 2 and 3 of the same law, as well as to conclude agreements on the use of the property with the same institutions.

On 25 October 1995, the Seimas enacted the Law “On the Amendment and Supplementation of the Republic of Lithuania’s Law ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’” which specified that the state enterprises which had been founded and which had functioned on the base of the VSCAAFN property shall be categorised as falling within the sphere of the regulation by the Lithuanian Technical Sport Society.

3. It has already been held in this ruling of the Constitutional Court that the property held by the former VSCAAFN is property of the State of Lithuania.

4. Paragraph 2 of Article 128 of the Constitution provides that procedures concerning the possession, utilisation, and disposal of state property shall be established by law. By means of the impugned laws, the state, as the owner of the property, was deciding the issues concerning the possession, utilisation, and disposal of the said property. The aforementioned laws do not contain any provisions denying the rights of ownership of the state as the owner of the said property.

5. Taking account of the arguments set forth, the conclusion should be drawn that

1) the 28 December 1994 Law “On the State Enterprises not Intended for Either the Assessment in the Value of Shares or Privatisation until the Year 2000” to the extent that it provides that certain enterprises taken over from the VSCAAFN and categorised as falling within the sphere of the regulation by the Ministry of Defence were not intended for either the assessment in the value of shares or privatisation until the year 2000 is in compliance with Article 23 of the Constitution;

2) the 23 February 1995 Law “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” and the 25 October 1995 Law “On the Amendment and Supplementation of the Republic of Lithuania’s Law ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’” to the extent that they provide for the transfer of the property of the former VSCAAFN to corresponding organisations and institutions and regulate the distribution of this property among the same organisations and institutions are in compliance with Article 23 of the Constitution.

VI

On the compliance of the Government Resolution (No. 145) “On the Reorganisation of the Sport-Technical Union ‘Vytis’ and on the Supplementation of the List of State Enterprises of Special Purpose” of 18 April 1991, the Government Resolution No. 248 “On a Partial Amendment and Supplementation of the 18 April 1991 Resolution (No. 145) of the Government of the Republic of Lithuania” of 25 June 1991, the Government Resolution (No. 855) “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” of 16 June 1995, the Government Resolution (No. 902) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 June 1995, the Government Resolution (No. 1270) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 22 September 1995, the Government Resolution (No. 1629) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 December 1995 and the Government Resolution (No. 1311) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 13 November 1996 with Article 23 of the Constitution.

1. The Government Resolution (No. 145) “On the Reorganisation of the Sport-Technical Union ‘Vytis’ and on the Supplementation of the List of State Enterprises of Special Purpose” of 18 April 1991 decided to reorganise the Sport-Technical Union “Vytis” under the Department of Defence into the State Sport and Technology Organisation “Vytis” and the Union of Technical-Sport Clubs. In addition, this government resolution approved of the resolution of the 3 April 1991 Conference of the Sport-Technical Union “Vytis” under the Department of Defence that certain enterprises shall be members of the Union of Technical-Sport Clubs and the Lithuanian Aviation Club. According to the said resolution, the technical-sport clubs that had not belonged to the Union of Technical-Sport Clubs, together with technical schools were categorised as belonging to the State Sport and Technology Organisation “Vytis” and included into the list of state enterprises of special purpose.

It needs to be noted that that this government resolution was adopted in the course of the enforcement of the provisions of 15 November 1990 Supreme Council Resolution “On the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” under which the property taken from the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy was to be transferred to the technical sport society which was being created on the base of the former society.

The Government Resolution (No. 248) “On a Partial Amendment and Supplementation of the 18 April 1991 Resolution (No. 145) of the Government of the Republic of Lithuania” of 25 June 1991 gave the name “public organisations” to the members of the Union of Technical-Sport Clubs and of the Lithuanian Aviation Club which had been pointed out by government resolution No. 145 of 18 April 1991.

2. While enforcing the 23 February 1995 Law “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy”, the Government adopted the Resolution (No. 855) “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” on 16 June 1995. Afterwards this resolution was amended by the Government Resolution (No. 902) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 June 1995, the Government Resolution (No. 1270) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 22 September 1995, the Government Resolution (No. 1629) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 December 1995, and the Government Resolution (No. 1311) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 13 November 1996. It needs to be noted that all aforementioned resolutions, on the grounds of the provisions of the said law, decided the issues of transfer of the property of the former VSCAAFN for using and managing but not issues of transfer for ownership.

3. It has been held in this ruling of the Constitutional Court that the property held by the former VSCAAFN is property of the State of Lithuania.

4. The aforementioned government resolutions do not contain any provisions denying the rights of ownership of the state as the owner of the said property.

5. Taking account of the arguments set forth, the conclusion should be drawn that

1) the Government Resolution (No. 145) “On the Reorganisation of the Sport-Technical Union ‘Vytis’ and on the Supplementation of the List of State Enterprises of Special Purpose” of 18 April 1991 and the Government Resolution (No. 248) “On a Partial Amendment and Supplementation of the 18 April 1991 Resolution (No. 145) of the Government of the Republic of Lithuania” of 25 June 1991 to the extent that these resolutions establish the reorganisation of the Sport-Technical Union “Vytis” into the State Sport and Technology Organisation “Vytis” and the Union of Technical-Sport Clubs and that they regulate issues of the categorisation of certain organisations (technical schools, sport clubs etc.) that had not belonged to the aforesaid union as falling within the sphere of the regulation by the State Sport and Technology Organisation “Vytis” and the issues of their inclusion into the list of state enterprises of special purpose are in compliance with Article 23 of the Constitution;

2) the Government Resolution (No. 855) “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” of 16 June 1995, the Government Resolution (No. 902) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 June 1995, the Government Resolution (No. 1270) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 22 September 1995, the Government Resolution (No. 1629) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 December 1995, and the Government Resolution (No. 1311) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 13 November 1996 to the extent that they establish the transfer of the property of the former VSCAAFN to corresponding organisations and institutions for using and managing and that they regulate the distribution of this property among the said organisations are in compliance with Article 23 of the Constitution.

Conforming to Articles 102 and 105 of the Constitution of the Republic of Lithuania and Articles 1, 53, 54, 55, 56 and 69 of the Law on the Constitutional Court of the Republic of Lithuania, the Constitutional Court of the Republic of Lithuania gives the following

ruling:

1. To recognise that the Preamble of the 15 November 1990 Resolution of the Supreme Council of the Republic of Lithuania “On the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” and Item 1 of the said resolution to the extent that it establishes that the Government of the Republic of Lithuania is commissioned to take over all movable and real property as well as material resources of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy on the basis of the certificate of the said organisation and transfer this property to the technical sport society which was being created on the base of the former society are in compliance with the Constitution of the Republic of Lithuania.

2. To recognise that the 28 December 1994 Republic of Lithuania’s Law “On the State Enterprises not Intended for Either the Assessment in the Value of Shares or Privatisation until the Year 2000” to the extent that it provides that certain enterprises taken over from the former Voluntary Society for Co-operation with the Army, Air Force and Navy and categorised as falling within the sphere of the regulation by the Ministry of Defence were not intended for either the assessment in the value of shares or privatisation until the year 2000 is in compliance with the Republic of Lithuania’s Law on Competition.

3. To recognise that 23 February 1995 Republic of Lithuania’s Law “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” and the 25 October 1995 Republic of Lithuania’s Law “On the Amendment and Supplementation of the Republic of Lithuania’s Law ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’” to the extent that they provide for the transfer of the property of the former Voluntary Society for Co-operation with the Army, Air Force and Navy to corresponding organisations and institutions and regulate the distribution of this property among the same organisations and institutions are in compliance with the Constitution of the Republic of Lithuania.

4. To recognise that the Resolution of the Government of the Republic of Lithuania (No. 145) “On the Reorganisation of the Sport-Technical Union ‘Vytis’ and on the Supplementation of the List of State Enterprises of Special Purpose” of 18 April 1991 and the Resolution of the Government of the Republic of Lithuania (No. 248) “On a Partial Amendment and Supplementation of the 18 April 1991 Resolution (No. 145) of the Government of the Republic of Lithuania” of 25 June 1991 to the extent that these resolutions establish the reorganisation of the Sport-Technical Union “Vytis” into the State Sport and Technology Organisation “Vytis” and the Union of Technical-Sport Clubs and that they regulate issues of the categorisation of certain organisations (technical schools, sport clubs etc.) that had not belonged to the aforesaid union as falling within the sphere of the regulation by the State Sport and Technology Organisation “Vytis” and the issues of their inclusion into the list of state enterprises of special purpose are in compliance with the Constitution of the Republic of Lithuania.

5. To recognise that the Resolution of the Government of the Republic of Lithuania (No. 855) “On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy” of 16 June 1995, the Resolution of the Government of the Republic of Lithuania (No. 902) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 June 1995, the Resolution of the Government of the Republic of Lithuania (No. 1270) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 22 September 1995, the Resolution of the Government of the Republic of Lithuania (No. 1629) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 28 December 1995, and the Resolution of the Government of the Republic of Lithuania (No. 1311) “On a Partial Amendment of the Resolution of the Government of the Republic of Lithuania (No. 855) ‘On the Subsequent Use of the Property of the Republic of Lithuania’s Voluntary Society for Co-operation with the Army, Air Force and Navy’ of 16 June 1995” of 13 November 1996 to the extent that they establish the transfer of the property of the former Voluntary Society for Co-operation with the Army, Air Force and Navy to corresponding organisations and institutions for using and managing and that they regulate the distribution of this property among the said organisations are in compliance with the Constitution of the Republic of Lithuania.

6. To dismiss the case in the part concerning the 2 February 1995 Republic of Lithuania’s Law on Public Organisations.

This ruling of the Constitutional Court is final and not subject to appeal.

The ruling is pronounced 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