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On accepting a petition of the petitioner

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON THE PETITION OF THE VILNIUS REGIONAL ADMINISTRATIVE COURT, THE PETITIONER, REQUESTING AN INVESTIGATION INTO WHETHER THE RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA (NO. 750) “ON AMENDING THE RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA (NO. 1154) ‘ON THE 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’S 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

The court reporter—Daiva Pitrėnaitė

The Constitutional Court of the Republic of Lithuania, in its procedural sitting, has considered the petition of the Vilnius Regional Administrative Court requesting an investigation into whether the Resolution of the Government of the Republic of Lithuania (No. 750) “On Amending the Resolution of the Government of the Republic of Lithuania (No. 1154) ‘On the 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 the village of Varnikai 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’s Law on the 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 the petition requesting an investigation into whether the Government Resolution (No. 750) “On Amending the Resolution of the Government of the Republic of Lithuania (No. 1154) ‘On the 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 the village of Varnikai 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’s Law on the 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 an investigation into whether Government Resolution (No. 750) “On Amending the Resolution of the Government of the Republic of Lithuania (No. 1154) ‘On the 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 the village of Varnikai 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 the 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 an investigation into whether the Resolution of the Government of the Republic of Lithuania (No. 750) “On Amending the Resolution of the Government of the Republic of Lithuania (No. 1154) ‘On the 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 the village of Varnikai 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’s Law on the 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