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Антикорупционный закон Литвы
Антикорупционный закон Литвы
CHAPTER ONE
GENERAL PROVISIONS
Article 2. Definitions
1. “Corruption prevention” means detecting and eliminating the causes and conditions of
corruption through the development and implementation of a system of appropriate measures as
well as affecting persons with a view of deterring them from the commission of criminal acts of
a corruptive nature.
2. “Corruption offences” means acceptance of a bribe, trade in influence, subornation,
other criminal acts committed in the public sector or by providing public services with a view of
seeking personal gain or gain for other persons: abuse of office or misuse of powers, abuse of
authority, forgery of documents and measuring devices, fraud, appropriation or embezzlement,
disclosure of an official secret or a commercial secret, incorrect income, profit or assets
statements, money or asset laundering, interfering with activities of a civil servant or a person
carrying out public administration functions as well as other criminal acts aimed at seeking or
soliciting a bribe or subornation, or concealing or disguise acceptance or giving of a bribe or
subornation.
3. “State or municipal body” means a state or municipal institution or body or a public
establishment where one of its founders is a state or a municipal institution or body.
4. “Head of a body” means a civil servant admitted by way of competition or on the basis
of political/personal confidence to hold the office of the head of a body, also the head of a public
establishment where one of its founders is a state or a municipal institution or body.
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5. “Non-state body” means legal entities of the Republic of Lithuania other than those
referred to in paragraph 3 of this Article.
CHAPTER TWO
MEASURES FOR PREVENTION OF CORRUPTION
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Article 5. Measures for Prevention of Corruption
Measures for the prevention of corruption shall be as follows:
1) corruption risk analysis;
2) anti-corruption programmes;
3) assessment of the impact of legal regulation embedded in legal acts or provided for by
drafts of legal acts on the extent of corruption (anti-corruption assessment of legal acts or their
drafts);
4) provision of the information about a person seeking or holding office at a state or
municipal body or enterprise or about a person who is nominated by the Republic of Lithuania to
the position at institutions of the European Union or international institutions;
5) provision of the information to the registers of civil servants and legal entities;
6) education and awareness raising of the public;
7) public disclosure of detected corruption cases;
8) other measures for the prevention of corruption provided for by law.
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body that are particularly prone to corruption as well as the oversight systems of those areas.
8. Corruption risk analysis shall be carried out by the Special Investigation Service in
accordance with the procedure laid down by the Government.
9. The procedure for carrying out corruption risk analysis shall be approved by the
Government on the recommendation of the Special Investigation Service.
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1) transfer of the right of trust to state or municipal property, transfer of the right of
ownership or the right of management of state or municipal property to private persons;
2) increase of or reduction in income or expenditure of state or municipal budgets due to
delegation of the implementation of state or municipal functions to state or municipal
enterprises, public establishments or private persons;
3) payment of subsidies, grants, compensations, rents, allowances, premiums and other
benefits from state or municipal budgets;
4) provision of support from the European Union Structural Funds;
5) rendering of goods or services through public tenders or concessions;
6) granting of citizenship by way of exception;
7) organisation of competitions to hold a position in civil service, establishment, repeal of
or change in requirements as to good repute, qualification, performance evaluation and rotation
for persons holding positions in civil service;
8) entering of persons or goods on public registers;
9) establishment and production of technological protection measures for securities,
forms of documents, stamps, official markings as well as production of securities, forms of
documents, stamps, officials markings assigned to the level and group of technological
protection;
10) manufacturing, storage of and trade in goods withdrawn from circulation or being in
circulation to a limited extent;
11) provision of goods or services provided under public contracts;
12) establishment, repeal of or change in product safety requirements;
13) establishment, repeal of or change in requirements as to qualifications and
professional repute of entities of licensed economic commercial activities or economic
commercial activities requiring authorisation of state or municipal bodies;
14) manufacturing, storage, use, acquisition of and trade in excise goods;
15) investigation into infringements of law, conditions for liability for infringements of
law;
16) land use, territorial planning, construction;
17) pharmacy and medicine;
18) other cases, if, in the opinion of the drafter of a relevant legal act, legal regulation
envisaged by that legal act may affect the scope of corruption.
2. The Special Investigation Service shall carry out the anti-corruption assessment of the
effective or draft legal acts which envisage regulation of public relations as specified in
paragraph 1 of this Article on its own initiative or on the proposal by the President of the
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Republic, the Speaker of the Seimas, the Prime Minister, a parliamentary committee,
commission or political group.
3. When carrying out the anti-corruption assessment of legal acts or their drafts, state
institutions and/or research institutions may be engaged.
4. The anti-corruption assessment of legal acts or their drafts (conclusion of the anti-
corruption assessment) shall be submitted to the state or municipal institution which adopted
them or on whose initiative they were adopted or to the drafter of a relevant legal act who
determine whether it would be expedient to amend them.
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appropriate penalty remains in force ir is no longer valid);
7) cases where the person was recognised as having infringed the provisions of the
Republic of Lithuania Law on the Adjustment of Public and Private Interests in the Civil
Service, Law on Lobbying Activities, Code of Ethics for State Politicians or any other legal act
regulating rules for official ethics and conduct;
8) the fact that, when entering the civil service, the person concealed the data or presented
the falsified data which made him not eligible for the civil service;
9) classified information about a criminal act planned, being or has been committed by
the person;
10) administrative penalties imposed on or administrative sanctions applied to the person,
where less than one year has lapsed from the execution of the administrative order or entry into
force of the resolution by which the person was recognised as having committed the
administrative offence;
11) tax examinations, investigations carried out in respect of the person during which the
infringements of tax laws have been established (information is furnished for the last ten years
counting from the receipt of a written request for information about the person by the Special
Investigation Service).
3. The Special Investigation Service shall, within its remit, gather the information about a
person specified in paragraph 2 of this Article and available to law-enforcement, control, entities
of criminal intelligence or main institutions of criminal intelligence, intelligence institutions,
other institutions, bodies or enterprises, data from the register of civil servants, as necessary –
from other state or departmental registers, data files, and furnish it together with own classified
or public information about that person to the entity appointing or having appointed the person to
the position.
4. The information specified in paragraph 2 of this Article about the person shall be
submitted by the Special Investigation Service not later than within 14 calendar days from the
receipt of a written application to furnish the information about that person. The institutions,
bodies or enterprises referred to in paragraph 3 of this Article must submit the available
information and/or data to the Special Investigation Service not later than within seven calendar
days from the receipt of a request of the Special Investigation Service to submit information
and/or data, or immediately if necessary and possible.
5. The Special Investigation Service, entities of criminal intelligence or main institutions
of criminal intelligence, intelligence institutions may on their own initiative furnish the classified
information referred to in point 9 of paragraph 2 of this Article to the entity appointing or having
appointed the person to the position.
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6. It shall be mandatory to submit a written request for the Special Investigation Service
to furnish information about a person who is appointed to a position by the President of the
Republic, the Seimas, the Speaker of the Seimas, the Government or the Prime Minister, also
about persons to be appointed to the positions of vice ministers, secretaries general of ministries,
municipal administration directors and their deputies, prosecutors, heads and deputy heads of
state or municipal bodies, heads and deputy heads of units of state or municipal bodies
(applicable to those organisational units which are not within other organisational units), heads
and deputy heads of enterprises or companies of strategic importance to national security and
enterprises of importance to ensuring national security, heads and deputy heads of state or
municipal enterprises in which the shares belonging to the State or a municipality grant more
than 50 per cents of votes at a general meeting of the shareholders. The request for information
shall be signed by the entity appointing the person to the position or a person authorised by him.
A request for information from the Special Investigation Service about a person who is
appointed to a position by the Seimas shall be signed by the Speaker of the Seimas or a person
authorised by him and a similar request about a person who is appointed to a position by the
Government shall be signed by the Prime Minister or a person authorised by him.
7. On the instructions by the heads of the main institutions of criminal intelligence,
intelligence institutions or persons authorised by them, the information referred to in paragraph 2
of this Article about the persons who are appointed to positions by them, in entities of criminal
intelligence, main institutions of criminal intelligence or intelligence institutions, shall be
gathered independently. The institutions, bodies or enterprises specified in paragraph 3 of this
Article must furnish the available information and/or data to the heads of entities of criminal
intelligence, main institutions of criminal intelligence or intelligence institutions not later than
within seven calendar days from the receipt of a written request to furnish information and/or
data about the person or immediately if necessary or possible.
8. Written requests referred to in paragraph 6 of this Article must be submitted to the
Special Investigation Service before the appointment of a person to the position. A person may
be appointed to the position only upon the receipt and evaluation of the information from the
Special Investigation Service. Where on the instructions by the heads of the main institutions of
criminal intelligence, intelligence institutions or persons authorised by them, information about a
person who is appointed to the position by them is gathered independently, such a person may be
appointed only upon the gathering and evaluation of the information referred to in paragraph 2 of
this Article.
9. Where there are doubts concerning the accuracy of gathered or submitted information
about a person, the Special Investigation Service must, on its own initiative or at the request of
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the entity appointing or having appointed the person to the position, conduct verification of such
information.
10. A written request by the entity who has appointed a person to the position or a person
authorised by him to the Special Investigation Service for information about the person holding a
position specified in paragraph 6 of this Article must be motivated and substantiated by the data
raising doubts as to the suitability of the person about whom information is requested for the
position held by him. Where there doubts about the suitability of a person holding a position in
entities of criminal intelligence, main institutions of criminal intelligence or intelligence
institutions for the position held by him, on the instructions by the heads of the main institutions
of criminal intelligence, intelligence institutions or persons authorised by them, information
referred to in paragraph 2 of this Article about the person holding the position shall be gathered
independently in accordance with the procedure laid down in paragraph 7 of this Article.
11. The entity appointing or having appointed a person to the position may use the
information furnished in accordance with the procedure laid down in this Article only for the
purpose of adopting a decision concerning the suitability of that person for the position sought
or imposition of a disciplinary penalty. The entity appointing or having appointed a person to the
position may not transfer the information received in accordance with the procedure laid down in
this Article about that person to any third parties, except in the cases stipulated by laws of the
Republic of Lithuania.
12. The entity appointing a person to the position, having assessed the entirety of the
information furnished in accordance with the procedure laid down in this Article and having
adopted a decision not to appoint that person to the position, must, within three working days,
familiarise the person with the information against his signature, except for the part thereof that
contains classified information. Facts or circumstances that are of minor significance or
fortuitous may not be used as a basis for adopting a decision not to appoint a person to the
position.
13. A person shall be entitled to appeal against the adopted decision not to appoint him to
the position in accordance with the procedure laid down by laws of the Republic of Lithuania.
14. The Special Investigation Service, main institutions of criminal intelligence, entities
of criminal intelligence, intelligence institutions, entities appointing or having appointed a person
to the position must ensure that the person’s data obtained in accordance with the procedure laid
down in the Article are managed and stored in accordance with the procedure laid down by legal
acts of the Republic of Lithuania.
15. The Director of the Special Investigation Service shall by order approve the form of a
request for information about a person.
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Article 91. Information about a Person who is Nominated for a position at European
Union’s or International Judicial or other Bodies by the Republic of Lithuania
1. It shall be mandatory to submit a written request for the Special Investigation Service
to furnish information about a person who is nominated by the Government for a position at
European Union or international judicial or other bodies.
2. The Prime Minister or a person authorised by him shall submit to the Special
Investigation Service a request for information about a candidate for a member of the European
Commission, a member of the Court of Auditors, a member of the Court of Justice of the
European Union and of the General Court, a member of the Committee of the Regions, a
member of the European Economic and Social Committee as well as about a candidate for an
officer judicial and other international bodies.
3. The Special Investigation Service shall, in accordance with the procedure and within
the time limit laid down in Article 9 of this Law, gather and present to the Prime Minister the
information specified in paragraph 2 of Article 9 of this Law.
4. The Director of the Special Investigation Service shall by order approve the form of a
request for information about a person who is nominated for a position at European Union or
international judicial or other bodies by the Republic of Lithuania.
Article 11. Provision of Information to the Registers of Civil Servants and Legal
Entities
1. The Register of Civil Servants shall be provided the information about civil servants
who, by a final and effective court verdict, have been charged with the commission of the
criminal acts of a corruptive nature, or against whom administrative or disciplinary proceedings
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have been initiated for serious misconduct in office related to the infringement of the
requirements of the Law on the Adjustment of Public and Private Interests in the Civil Service
and committed in pursuit of illegal gain or privileges for themselves or other persons.
2. The Register of Legal Entities shall be provided the information about legal entities
who, by an effective court verdict, have been charged with the commission of the criminal acts
of a corruptive nature, or whose employee or an authorised representative has, by an effective
court verdict, been found guilty of the criminal acts of a corruptive nature while acting for the
benefit or in the interests of the legal entity concerned.
3. A state or municipal body which has made or revoked a decision that the acts specified
in paragraphs 1 and 2 of this Article have been committed shall, within 14 days from the date of
entry into force of the decision, notify the administrators of the Registers of Civil Servants
and/or Legal Entities.
4. The information specified in paragraphs 1 and 2 of this Article shall be one of the
grounds for judging about the credibility of a natural or legal person. The persons who have lost
their credibility may be subject to the restrictions provided for in this and other laws.
5. The procedure for providing the register data shall be established by the regulations of
the appropriate register.
CHAPTER THREE
PREVENTIVE ANTI-CORRUPTION BODIES, THEIR RIGHTS AND DUTIES
IN THE FIELD OF CORRUPTION PREVENTION
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2) allocate the funds necessary for an effective implementation of the corruption
prevention measures;
3) together with the Special Investigation Service develop the National Anti-corruption
Programme and submit it to the Seimas for approval, as well as make proposals as to the
supplement or amendment of the said Programme;
4) make proposals to the Seimas as to the enactment, supplement and amendment of laws
and other legal acts necessary for the implementation of corruption prevention.
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1. While implementing this Law in the Republic of Lithuania, state, municipal or non-
state bodies shall have the right:
1) to set up, in accordance with the procedure laid down by legal acts, units for the
prevention and oversight of corruption in the area of the activities of the appropriate state,
municipal or non-state body, or to appoint persons to perform this function;
2) to make proposals concerning the issues of corruption prevention to state or municipal
bodies;
3) to introduce measures encouraging the enforcement of corruption prevention in state,
municipal or non-state bodies;
4) to receive methodological information from state or municipal bodies implementing
corruption prevention on the issues of corruption prevention.
2. While implementing this Law, state, municipal or non-state bodies must:
1) within their remit, implement the national policy in the field of corruption prevention;
2) ensure the compliance with the requirements of legal acts regarding corruption
prevention in state, municipal or non-state bodies;
3) within their remit, develop and approve anti-corruption programmes;
4) promptly eliminate infringements of the requirements of legal acts on corruption
prevention;
5) in accordance with the procedure laid down by the Government, submit to the officers
of the Special Investigation Service the information necessary for the corruption risk analysis;
6) not, by act or omission, create conditions contributing to criminal acts of a corruptive
nature;
7) educate their employees about the issues of corruption prevention.
3. Prevention of corruption at state, municipal or non-state bodies shall be the
responsibility of the head of the body. When performing this function, the head of the body shall
take measures necessary for the implementation of this Law.
4. The measures necessary for the implementation of corruption prevention at state,
municipal or non-state bodies shall be financed with the funds of these bodies.
CHAPTER FOUR
FINAL PROVISIONS
Article 17. Proposal to the Government and other Bodies Referred to in this Law
The Government and other bodies referred to in this Law shall, by 1 September 2002,
adopt legal acts necessary for the implementation of this Law.
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