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On dismissing the instituted legal proceedings

THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA

D E C I S I O N

On the dismissal of the initiated legal proceedings of the case

4 July 1994, Vilnius

The Constitutional Court of the Republic of Lithuania, composed from the Justices of the Constitutional Court Algirdas Gailiūnas, Kęstutis Lapinskas, Zigmas Levickis, Vladas Pavilonis, Pranas Vytautas Rasimavičius, Stasys Stačiokas, Teodora Staugaitienė, Stasys Šedbaras and Juozas Žilys

The secretary of the hearing—Rolanda Stimbirytė

The Constitutional Court, in its procedural sitting, considered the report made by Justice Zigmas Levickis and Justice Teodora Staugaitienė about the case in preparation for the court hearing subsequent to the petition submitted to the Court by a group of Seimas members requesting an investigation into whether the Resolution of the Government of the Republic of Lithuania (No. 137) “On Urgent Activities While Implementing Land Reform in 1993” of 4 March 1993, its Resolution (No. 138) “On the Confirmation of the Temporary Procedure for the Lease of State Land in Rural Areas” of 4 March 1993, and its Resolution (No. 849) “On the Confirmation of the Temporary Regulations Concerning the Seizure of Plots of Land and Their Allocation for the Needs of the State” of 9 November 1992 are in compliance with the Constitution of the Republic of Lithuania, the Republic of Lithuania’s Law “On the Procedure and Conditions of the Restoration of the Rights of Ownership of Citizens to the Existing Real Property”, and the Republic of Lithuania’s Law on Land Reform.

The Constitutional Court

has established:

On 19 October 1993, the Government of the Republic of Lithuania, by its resolution No. 785 (Official Gazette Valstybės žinios, 1993, No. 55-1075), nullified the impugned Resolution (No. 137) “On Urgent Activities While Implementing Land Reform in 1993” of 4 March 1993; on 14 April 1994, by its resolution No. 280 (Official Gazette Valstybės žinios, 1994, No. 29-519) it nullified the impugned Resolution (No. 138) “On the Confirmation of the Temporary Procedure for the Lease of State Land in Rural Areas” of 4 March 1993. In Item 2 of the Resolution of the Government of the Republic of Lithuania (No. 849) “On the Confirmation of the Temporary Regulations Concerning the Seizure of Plots of Land and Their Allocation for the Needs of the State” of 9 November 1992, it was established that the said resolution would be valid until the adoption of the Republic of Lithuania’s Law on Land. The said law came into force on 1 July 1994. Therefore, the impugned resolution No. 849 of 9 November 1992, upon the entry into force of the Republic of Lithuania’s Law on Land (Official Gazette Valstybės žinios, 1994, No. 34-618), became invalid.

The fourth part of Article 69 of the Law on the Constitutional Court prescribes: “The annulment of an impugned legal act shall be grounds to adopt a decision to dismiss the initiated legal proceedings”.

Conforming to the fourth part of Article 69 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 dismiss the initiated legal proceedings of this case.

Justices of the Constitutional Court:

Algirdas Gailiūnas                           Kęstutis Lapinskas                           Zigmas Levickis

Vladas Pavilonis                              Pranas Vytautas Rasimavičius         Stasys Stačiokas

Teodora Staugaitienė                       Stasys Šedbaras                               Juozas Žilys