EUROPAM

European Public Accountability Mechanisms

Lithuania

Country score (European Average*)
  • 83(66) Political Financing
  • 90(50) Financial Disclosure
  • 65(40) Conflict of Interest
  • 57(56) Freedom of Information
  • 73(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)26792.85
Population, total2872298.00
Urban population (% of total)66.51
Internet users (per 100 people)74.38
Life expectancy at birth (years)75.12
Mean years of schooling (years)12.7
Global Competitiveness Index4.6
Sources: World Bank, UNDP, WEF.

Political Financing

The Law on Political Parties (1990, amended 2014) and the Law on Funding of, and Control over Funding of, Political Parties and Political Campaigns (2004, amended 2013) are the main laws regulating the financing of political parties in Lithuania. The most recent amendments have changed the wording of some provisions from 2012 but the underlying prohibitions are the same.

There are comprehensive limits on the private income of political parties. Donations are banned from foreign interests, corporations, trade unions and anonymous donors in addition to a number of other sources which are prohibited. There are also specific rules on how many can be raised and there are limits on the amount that can be donated.

There is public funding available for political parties and it is allocated according to the share of votes in the previous election. There are specific rules on what state funding may be used for and campaign spending and ongoing party activities are part of that permitted use of those resources. Indirect sources of funding include subsidized media access and premises for campaign meetings.

For regulations on spending, vote buying is banned but the use of state resources for and against a candidate or party is not. There are specific limits on what a political party or candidate can spend.

Parties are required to provide accounts. The accounts must provide information in relation to election finances, must be made public and reveal the identity of donors. The accounts are overseen by Central Election Commission and the State Tax Inspectorate under the Ministry of Finance. There are sanctions for breaches of the provisions of law which include fines, the loss of public funding, criminal sanctions, suspension of the political party and the loss of political rights.


Quantitative Data

Primary Metric

2012201520162017Trend
Bans and limits on private income100100100100
Public funding75757575
Regulations on spending75757575
Reporting, oversight and sanctions83838383

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. 1. The following persons shall have the right to make donations to political campaign participants: 1) citizens of the Republic of Lithuania – to independent political campaign participants of all political campaigns; 2) permanent residents of the Republic of Lithuania holding the citizenship of any other EU Member State – to independent political campaign participants of political campaigns of elections to the European Parliament and municipal councils; 3) permanent residents of the Republic of Lithuania who do not hold the citizenship of any other EU Member State or stateless persons – to independent political campaign participants of political campaigns of elections to municipal councils. (Art 13 Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Is there a ban on donations from foreign interests to candidates? Yes. 1. The following persons shall have the right to make donations to political campaign participants: 1) citizens of the Republic of Lithuania – to independent political campaign participants of all political campaigns; 2) permanent residents of the Republic of Lithuania holding the citizenship of any other EU Member State – to independent political campaign participants of political campaigns of elections to the European Parliament and municipal councils; 3) permanent residents of the Republic of Lithuania who do not hold the citizenship of any other EU Member State or stateless persons – to independent political campaign participants of political campaigns of elections to municipal councils. (Art 13 Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)

Bans on corporate donations

Is there a ban on corporate donations to political parties? Yes. 1. Political campaigns of political parties shall be financed exclusively from the following sources: 1) funds of the political party received from the sources of funding of the political party and used to finance political campaigns of the party, candidates and lists of candidates of the party; 2) donations for political campaign to the political party during the political campaign period, given by natural persons who under this Law have the right to donate; 3) during the political campaign, loans received by a political party from banks registered in the Republic of Lithuania or another European Union Member State or a branch of a bank registered in the European Economic Area and operating in the Republic of Lithuania; 4) interest on the funds kept in the political campaign account. (Art 7 Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Is there a ban on corporate donations to candidates? Yes. 1. Political campaigns of political parties shall be financed exclusively from the following sources: 1) funds of the political party received from the sources of funding of the political party and used to finance political campaigns of the party, candidates and lists of candidates of the party; 2) donations for political campaign to the political party during the political campaign period, given by natural persons who under this Law have the right to donate; 3) during the political campaign, loans received by a political party from banks registered in the Republic of Lithuania or another European Union Member State or a branch of a bank registered in the European Economic Area and operating in the Republic of Lithuania; 4) interest on the funds kept in the political campaign account. (Art 7 Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Is there a ban on donations from corporations with government contracts to political parties? Yes. 1. Political campaigns of political parties shall be financed exclusively from the following sources: 1) funds of the political party received from the sources of funding of the political party and used to finance political campaigns of the party, candidates and lists of candidates of the party; 2) donations for political campaign to the political party during the political campaign period, given by natural persons who under this Law have the right to donate; 3) during the political campaign, loans received by a political party from banks registered in the Republic of Lithuania or another European Union Member State or a branch of a bank registered in the European Economic Area and operating in the Republic of Lithuania; 4) interest on the funds kept in the political campaign account. (Art 7 Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. 1. Political campaigns of political parties shall be financed exclusively from the following sources: 1) funds of the political party received from the sources of funding of the political party and used to finance political campaigns of the party, candidates and lists of candidates of the party; 2) donations for political campaign to the political party during the political campaign period, given by natural persons who under this Law have the right to donate; 3) during the political campaign, loans received by a political party from banks registered in the Republic of Lithuania or another European Union Member State or a branch of a bank registered in the European Economic Area and operating in the Republic of Lithuania; 4) interest on the funds kept in the political campaign account. (Art 7 Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Is there a ban on donations from corporations with government contracts to candidates? Yes. 1. Political campaigns of political parties shall be financed exclusively from the following sources: 1) funds of the political party received from the sources of funding of the political party and used to finance political campaigns of the party, candidates and lists of candidates of the party; 2) donations for political campaign to the political party during the political campaign period, given by natural persons who under this Law have the right to donate; 3) during the political campaign, loans received by a political party from banks registered in the Republic of Lithuania or another European Union Member State or a branch of a bank registered in the European Economic Area and operating in the Republic of Lithuania; 4) interest on the funds kept in the political campaign account. (Art 7 Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Is there a ban on donations from corporations of partial government ownership to candidates? Yes. 1. Political campaigns of political parties shall be financed exclusively from the following sources: 1) funds of the political party received from the sources of funding of the political party and used to finance political campaigns of the party, candidates and lists of candidates of the party; 2) donations for political campaign to the political party during the political campaign period, given by natural persons who under this Law have the right to donate; 3) during the political campaign, loans received by a political party from banks registered in the Republic of Lithuania or another European Union Member State or a branch of a bank registered in the European Economic Area and operating in the Republic of Lithuania; 4) interest on the funds kept in the political campaign account. (Art 7 Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? Yes. 1. Political campaigns of political parties shall be financed exclusively from the following sources: 1) funds of the political party received from the sources of funding of the political party and used to finance political campaigns of the party, candidates and lists of candidates of the party; 2) donations for political campaign to the political party during the political campaign period, given by natural persons who under this Law have the right to donate; 3) during the political campaign, loans received by a political party from banks registered in the Republic of Lithuania or another European Union Member State or a branch of a bank registered in the European Economic Area and operating in the Republic of Lithuania; 4) interest on the funds kept in the political campaign account. (Art 7 Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Is there a ban on donations from Trade Unions to candidates? Yes. 1. Political campaigns of political parties shall be financed exclusively from the following sources: 1) funds of the political party received from the sources of funding of the political party and used to finance political campaigns of the party, candidates and lists of candidates of the party; 2) donations for political campaign to the political party during the political campaign period, given by natural persons who under this Law have the right to donate; 3) during the political campaign, loans received by a political party from banks registered in the Republic of Lithuania or another European Union Member State or a branch of a bank registered in the European Economic Area and operating in the Republic of Lithuania; 4) interest on the funds kept in the political campaign account. (Art 7 Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. 6. Not later than within 10 days from the day of receipt of a donation the political campaign treasurer shall announce the name, surname of a donor-natural person on the public list of donors placed on the website of the Central Electoral Commission. (Art 10(6) Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Is there a ban on anonymous donations to candidates? Yes. 6. Not later than within 10 days from the day of receipt of a donation the political campaign treasurer shall announce the name, surname of a donor-natural person on the public list of donors placed on the website of the Central Electoral Commission. (Art 10(6) Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. 1. Political campaigns of political parties shall be financed exclusively from the following sources: 1) funds of the political party received from the sources of funding of the political party and used to finance political campaigns of the party, candidates and lists of candidates of the party; 2) donations for political campaign to the political party during the political campaign period, given by natural persons who under this Law have the right to donate; 3) during the political campaign, loans received by a political party from banks registered in the Republic of Lithuania or another European Union Member State or a branch of a bank registered in the European Economic Area and operating in the Republic of Lithuania; 4) interest on the funds kept in the political campaign account. 2. Political parties must keep funds designated to finance a political campaign in the political campaign account. The political campaign account shall not be subject to any interim measures. 3. It shall be prohibited to finance political campaigns of political parties with the funds which are not specified in this Article. (Art 7(1) Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Is there a ban on any other form of donation? Yes. 2. It shall be prohibited to fund participants of political campaigns through third parties. (Art 12(2) Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. 4. A political party member may, during one year, pay to a political party a membership fee, which does not exceed the amount of 20 average monthly earnings valid in the fourth quarter of the previous calendar year (hereinafter: 'AMEs'). During a calendar year the total amount of membership fee paid by one party member for the political party may not exceed 10 per cent of the amount of the annual income declared by the party member for the previous calendar year. (Art 19(4) Law on Political Parties, 1990, amended 2014)
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. 2. One natural person, referred to in Article 13 of this Law, may, during a political campaign, donate for each independent political campaign participant a donation which does not exceed the amount of 10 average monthly earnings valid in the fourth quarter of the previous calendar year (hereinafter: 'AMEs'). During a calendar year the total amount of donations by one natural person for independent political campaign participants may not exceed 10 per cent of the amount of the annual income declared by the natural person for the previous calendar year. These amounts shall not include donations referred to in Article 11 of this Law. (Art 10(2) Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Is there a limit on the amount a donor can contribute to a candidate? Yes. 2. One natural person, referred to in Article 13 of this Law, may, during a political campaign, donate for each independent political campaign participant a donation which does not exceed the amount of 10 average monthly earnings valid in the fourth quarter of the previous calendar year (hereinafter: 'AMEs'). During a calendar year the total amount of donations by one natural person for independent political campaign participants may not exceed 10 per cent of the amount of the annual income declared by the natural person for the previous calendar year. These amounts shall not include donations referred to in Article 11 of this Law. (Art 10(2) Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. 2. State budget appropriations designated for funding activities of the political party shall be allocated to those political parties satisfying the criteria set out in paragraph 1 of this Article which received not less than 3 per cent of all the votes cast by the voters for the candidates of the political parties in those elections to the Seimas, municipal councils, the European Parliament according to the results of which these state budget appropriations are allocated. (Art 21(2) Law on Political Parties, 1990, amended 2014)
Eligibility criteria for direct public funding to political parties: Representation in elected body No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other Yes. 1. Political parties, which are registered in the Register of Legal Entities in accordance with the procedure laid down by the law and which satisfy statutory requirements regarding the number of political party members and the reform or liquidation procedure has not been initiated in respect of them, shall be entitled to state budget appropriations to fund activities of the political party. (Art 21(1) Law on Political Parties, 1990, amended 2014)

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. Proportional to votes received in preceding election: 2) a six-month financial coefficient of one voter’s vote is established by dividing the half of the state budget appropriations designated for funding activities of the political party by the number of votes of all the voters; 3) the six-month state budget appropriations allocated for the political party to fund activities of the political party is determined by multiplying a six-month financial coefficient of one voter’s vote by the number of votes of the voters who cast their votes for the candidates of this political party. (Art 21(4)(2)&(3) Law on Political Parties, 1990, amended 2014)
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending Yes. 5. State budget appropriations for political parties may be used only for the following: 1) to fund a political campaign; 2) to pay an election deposit; 3) to purchase current and fixed assets; 4) to settle with employees; 5) taxes and other contributions to the state budget, compulsory state social insurance contributions and compulsory health insurance contributions; 6) to cover expenses related to the provision of services; 7) to cover arrears of the political party’s political campaign; 8) to repay loans taken by the political party and intended for the expenses referred to in Points 3, 4, 5 and 6 of this paragraph. (Art 20(5) Law on Political Parties, 1990, amended 2014)
Earmarking provisions for direct public funding to political parties: Ongoing party activities Yes. 5. State budget appropriations for political parties may be used only for the following: 1) to fund a political campaign; 2) to pay an election deposit; 3) to purchase current and fixed assets; 4) to settle with employees; 5) taxes and other contributions to the state budget, compulsory state social insurance contributions and compulsory health insurance contributions; 6) to cover expenses related to the provision of services; 7) to cover arrears of the political party’s political campaign; 8) to repay loans taken by the political party and intended for the expenses referred to in Points 3, 4, 5 and 6 of this paragraph. (Art 20(5) Law on Political Parties, 1990, amended 2014)
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other Yes. 5. State budget appropriations for political parties may be used only for the following: 1) to fund a political campaign; 2) to pay an election deposit; 3) to purchase current and fixed assets; 4) to settle with employees; 5) taxes and other contributions to the state budget, compulsory state social insurance contributions and compulsory health insurance contributions; 6) to cover expenses related to the provision of services; 7) to cover arrears of the political party’s political campaign; 8) to repay loans taken by the political party and intended for the expenses referred to in Points 3, 4, 5 and 6 of this paragraph. (Art 20(5) Law on Political Parties, 1990, amended 2014)

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. 4. During a political campaign, public information producers or disseminators may disseminate political advertising only at the rates and under the conditions which are equal to all political campaign participants and which are submitted to the Central Electoral Commission. (Art 16(4) Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework
Are there provisions for free or subsidized access to media for candidates? Yes. 1. After the announcement of the names of candidates and lists of candidates by the Central Electoral Commission, the candidates for Seimas member in constituencies shall have equal rights to speak at voters' meetings or any other meetings, gatherings, conferences as well as through the state mass media, and to announce their respective election programmes. (Art 46 Law on Elections to the Seimas, 1992, amended 2015)

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other Yes. State and municipal property may be provided to political parties in accordance with established criteria. (Art. 9 and Art. 11, Law on the Management, Use and Disposal of State and Municipal Assets, 1998, amended 2015)
Is the provision of direct public funding to political parties related to gender equality among candidates? No . Absent from legal framework
Are there provisions for other financial advantages to encourage gender equality in political parties? No . Absent from legal framework

Regulations on spending 

Is there a ban on vote buying? Yes. it shall be prohibited to directly or indirectly buy votes, to induce by offering gifts or other rewards a voter or a person eligible to vote to attend or not to attend elections and (or) to vote for or against one or another person to be nominated, a candidate or a list of candidates, as well as to promise to reward the voters for voting after the elections, by having a purpose to affect the will of voters regarding particular political parties or candidates, or persons to be nominated, and thus hinder citizens from implementing their right to vote. (Art 5.1(1) Law on Elections to the Seimas, 1992, amended 2015)
Are there bans on state resources being used in favour or against a political party or candidate? No. 5. State budget appropriations for political parties may be used only for the following: 1) to fund a political campaign; (Art 20(5) Law on Political Parties, 1990, amended 2014)
Are there limits on the amount a political party can spend? Yes. 2. In those cases where the constituency covers the entire territory of the Republic of Lithuania, the maximum amount of political campaign expenditure of one independent political campaign participant shall be calculated in the following manner: the number of voters entered on the electoral roll of the Republic of Lithuania shall be multiplied by LTL 1 and the received product shall be rounded up within the accuracy of the first two significant digits. 3. In those cases where the constituency covers a part of the territory of the Republic of Lithuania, the maximum amount of political campaign expenditure of one independent political campaign participant shall be calculated in the following manner: the number of voters of one constituency shall be multiplied by LTL 2 and the received product shall be rounded up within the accuracy of the first two significant digits. If the received product is less than LTL 20 000, the fixed maximum amount of political campaign expenditure shall be LTL 20 000. In elections to municipal councils a political party, which has nominated a list (lists) of candidates, may additionally spend for this political campaign not more than 10 per cent of the maximum amount of political campaign expenditure of the list (lists) of candidates nominated by this party. (Art 14(2)&(3) Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Are there limits on the amount a candidate can spend? Yes. 2. In those cases where the constituency covers the entire territory of the Republic of Lithuania, the maximum amount of political campaign expenditure of one independent political campaign participant shall be calculated in the following manner: the number of voters entered on the electoral roll of the Republic of Lithuania shall be multiplied by LTL 1 and the received product shall be rounded up within the accuracy of the first two significant digits. 3. In those cases where the constituency covers a part of the territory of the Republic of Lithuania, the maximum amount of political campaign expenditure of one independent political campaign participant shall be calculated in the following manner: the number of voters of one constituency shall be multiplied by LTL 2 and the received product shall be rounded up within the accuracy of the first two significant digits. If the received product is less than LTL 20 000, the fixed maximum amount of political campaign expenditure shall be LTL 20 000. In elections to municipal councils a political party, which has nominated a list (lists) of candidates, may additionally spend for this political campaign not more than 10 per cent of the maximum amount of political campaign expenditure of the list (lists) of candidates nominated by this party. (Art 14(2)&(3) Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. 2. The financial accounting of a political campaign shall be managed by the political campaign treasurer with whom a person wishing to be registered as an independent political campaign participant must conclude a property trust agreement in accordance with the requirements of Chapter L of Book Six of the Civil Code of the Republic of Lithuania. (Art 17(2) Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Do political parties have to report on their finances in relation to election campaigns? Yes. 4. The political campaign treasurer shall: 1) fill in and sings donation sheets, accounting records of the political campaign funding, a political campaign funding report; 2) manage and store financial accounting-related documents of the political campaign in accordance with the procedure laid down by this Law and the Accounting Law of the Republic of Lithuania; (Art 17(4)(2) Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Do candidates have to report on their campaign finances? Yes. 11. A political campaign participant shall not have the right to use for funding the political campaign the received monetary donations which are not entered on the accounting records of political campaign funding, as well as the donations specified in paragraph 7 of this Article if the political campaign treasurer has not filled the donation sheet out. (Art 10(11) Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Is information in reports from political parties and/​or candidates to be made public? Yes. 1. The Central Electoral Commission shall announce political campaign funding reports together with the auditor’s report of factual findings (if such report is mandatory) on its website not later than within 100 days after the proclamation of the final results of the election (rerun election) or the referendum. (Art 21(1) Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. 6. Not later than within 10 days from the day of receipt of a donation the political campaign treasurer shall announce the name, surname of a donor-natural person on the public list of donors placed on the website of the Central Electoral Commission. (Art 10(6) Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board Yes. 2. The Central Electoral Commission shall perform the monitoring of political party funding. (Art 27(2) Law on Political Parties, 1990, amended 2014)
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Ministry Yes. 13) together with the State Tax Inspectorate under the Ministry of Finance (hereinafter: 'the State Tax Inspectorate') create conditions for a political campaign treasurer to check in the information system of the Central Electoral Commission whether or not a donation meets the requirements of Article 10(2) of this Law. The Central Electoral Commission shall be responsible for the proper functioning of this information system. (Art 19(13) Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry Yes. 13) together with the State Tax Inspectorate under the Ministry of Finance (hereinafter: 'the State Tax Inspectorate') create conditions for a political campaign treasurer to check in the information system of the Central Electoral Commission whether or not a donation meets the requirements of Article 10(2) of this Law. The Central Electoral Commission shall be responsible for the proper functioning of this information system. (Art 19(13) Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body Yes. 2. The Central Electoral Commission shall perform the monitoring of political party funding. (Art 27(2) Law on Political Parties, 1990, amended 2014)
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. Article 207-‌10.‌ Violation of the Procedure of Funding of Political Campaigns (1)Violation of the accounting procedure applicable to donations for political campaigns: the treasurer of a political campaign or a political campaign participant incurs a penalty of LTL 100 (EUR 29) to LTL 3.‌000 (EUR 869).‌ (2)Violation of the accounting procedure applicable to political campaign expenditures: a political campaign treasurer or political campaign participant incurs a penalty of LTL 2.‌000 (EUR 579) to LTL 10.‌000 (EUR 2.‌896).‌ (3)The same act committed by a person who was already subject to an administrative penalty for the violations provided in Paragraph 1 and 2 of this Article is punishable with a penalty of LTL 3.‌000 (EUR 869) to LTL 15.‌000 (EUR 4.‌344).‌ (4)Receiving of donations for political campaign, assuming of property obligations with regard to expenses for political campaign without registering as an independent campaign participant: the chairman of the political party or the person concerned incurs a penalty of LTL 2.‌000 (EUR 579) to LTL 20.‌000 (EUR 5.‌792).‌ (7)The same act committed by a person who was already subject to an administrative penalty provided in Paragraph 6, is punishable with a penalty of 100 to 500 LTL. (8)Any other violation of the procedure of funding of political campaigns: the campaign treasurer or the campaign participant incurs a penalty of LTL 100 (EUR 29) to LTL 5.‌000 (EUR 1.‌448).‌ Article 173-‌1 on 'Violation of Accounting Rules' provides for penalties from LTL 100 to LTL 40,000; Article 172-‌1 'Violation of the procedure of submitting statements and documents about the income, property, profit and tax of organisation and tax evasion' provides for a warning or a penalty from LTL 200 (EUR 58) to LTL 500 (EUR 145); Article 172-‌3 'Failure to fulfil the instructions given by managers of the State Tax Inspectorate or by other officers' provides for a penalty ranging from LTL 50 (EUR 14) to LTL 2,000 (EUR 579).‌" (Articles of the Code of Administrative Law Violations, 1985, amended 2015)
Sanctions for political finance infractions: Loss of public funding Yes. In case of 'gross violation of the Law', a political party may be sanctioned by the CEC with the loss of the state grant equal to half-‌a-‌year amount.‌ (Articles 23 Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013)
Sanctions for political finance infractions: Penal/Criminal Yes. Article 207-‌10.‌ Violation of the Procedure of Funding of Political Campaigns (1)Violation of the accounting procedure applicable to donations for political campaigns: the treasurer of a political campaign or a political campaign participant incurs a penalty of LTL 100 (EUR 29) to LTL 3.‌000 (EUR 869).‌ (2)Violation of the accounting procedure applicable to political campaign expenditures: a political campaign treasurer or political campaign participant incurs a penalty of LTL 2.‌000 (EUR 579) to LTL 10.‌000 (EUR 2.‌896).‌ (3)The same act committed by a person who was already subject to an administrative penalty for the violations provided in Paragraph 1 and 2 of this Article is punishable with a penalty of LTL 3.‌000 (EUR 869) to LTL 15.‌000 (EUR 4.‌344).‌ (4)Receiving of donations for political campaign, assuming of property obligations with regard to expenses for political campaign without registering as an independent campaign participant: the chairman of the political party or the person concerned incurs a penalty of LTL 2.‌000 (EUR 579) to LTL 20.‌000 (EUR 5.‌792).‌ (7)The same act committed by a person who was already subject to an administrative penalty provided in Paragraph 6, is punishable with a penalty of 100 to 500 LTL. (8)Any other violation of the procedure of funding of political campaigns: the campaign treasurer or the campaign participant incurs a penalty of LTL 100 (EUR 29) to LTL 5.‌000 (EUR 1.‌448).‌ Article 173-‌1 on 'Violation of Accounting Rules' provides for penalties from LTL 100 to LTL 40,000; Article 172-‌1 'Violation of the procedure of submitting statements and documents about the income, property, profit and tax of organisation and tax evasion' provides for a warning or a penalty from LTL 200 (EUR 58) to LTL 500 (EUR 145); Article 172-‌3 'Failure to fulfil the instructions given by managers of the State Tax Inspectorate or by other officers' provides for a penalty ranging from LTL 50 (EUR 14) to LTL 2,000 (EUR 579).‌" (Articles of the Code of Administrative Law Violations, 1985, amended 2015)
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Qualitative data for 2017


Legislation

Law on funding of and control over funding of political parties and political campaigns, 2004, amended 2013 (English)pdf
Law on Political Parties, 1990, amended 2014 (English)pdf
Law on Elections to the Seimas, 1992, amended 2015 (English)pdf
Law on the Management, Use and Disposal of State and Municipal Assets, 1998, amended 2015 (English)pdf
Code of Administrative Law Violations, 1985, amended 2015 (English)pdf

Financial Disclosure

The Lithuanian Law on Declaration of the Property of Residents (1996, last amended 2015) and the Law on the Adjustment of Public and Private Interests (1997, last amended 2015) specify the same financial disclosure regulations for all public officials. Head of State, Ministers, Members of Parliament, and Civil Servants must disclose real estate, movable assets, cash, debts, and gifts. Participation in private or public companies must be included if its value exceeds 20 minimum living standards. Should a decision affect private interests, public officials must declare this to the corresponding institution. In addition, new employment after the end of public tenure must be declared. Spouses and children are included in declarations.

All public officials make their declaration upon first taking office, and provide updates annually as well as upon ad hoc changes. No sanctions are specified for the Head of State. All the while, Ministers, MPs, and Civil Servants may face fines or criminal sanctions in the cases of late filling, non-filling or making false disclosure. However, Ministers and MPs may only be held criminally liable upon the authorization of the head of Parliament. The State Tax Inspectorate functions as depository and enforcement body for declarations. Together with the Official Ethics Commission, it verifies the accuracy of submissions. While declarations of property are published in the official gazette, data on private interests is published on the webpage of the Chief Official Ethics Commission.


Quantitative Data

Primary Metric

2012201520162017Trend
Disclosure items82828286
Filing frequency757575100
Sanctions75757575
Monitoring and Oversight100100100100
Public access to declarations10010010088

Alternative Metric

2012201520162017Trend
Head of State71717177
Ministers91919197
Members of Parliament91919197
Civil servants91919187

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure Yes. Information on spouses and children must be disclosed. (Article 2 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Income and Assets
Real estate Yes. Art.3 (1). 1) immovable property, including unfinished structures, held in the Republic of Lithuania and in foreign states (Article 3 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Movable assets Yes. Art.3 (1). 2) movable property, where such type of property is subject to legal registration under the legal acts of the Republic of Lithuania; 6) works of art, precious stones, jewellery and precious metals, where the value of one such item exceeds 1 500 (Article 3 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Cash Yes. Art.3 (1). 3) monetary funds kept in banks and other credit institutions or elsewhere than in banks and other credit institutions, where the total amount of the monetary funds exceeds EUR 1 500; (Article 3 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Loans and Debts Yes. Art.3 (1). 4) Monetary funds that have been borrowed and have not been repaid, where the total amount of the monetary funds exceeds EUR 1 500; 5) monetary funds that have been lent and have not been recovered, where the total amount of the monetary funds exceeds EUR 1 500; 7) securities, where the total amount of such securities exceeds EUR 1 500. (Article 3 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Income from outside employment/assets No . Absent from legal framework.
Incompatibilities
Gifts received as a public official Yes. Gifts received during the last 12 calendar months (except for the gifts of close people) if the value exceeds EUR 150 (Article 6 (1.5) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Private firm ownership and/or stock holdings Yes. Individual activities and information about the transactions concluded by him/her or his/her spouse (cohabitee, partner) during the past twelve calendar months, if the value thereof exceeds EUR 3000 are declared (Article 6 (1.3) (1.6) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Ownership of state-owned enterprises (SOEs) Yes. Individual activities and information about the transactions concluded by him/her or his/her spouse (cohabitee, partner) during the past twelve calendar months, if the value thereof exceeds EUR 3000 are declared (Article 6 (1.3) (1.6) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Holding government contracts Yes. Information about the transactions concluded by him/her or his/her spouse (cohabitee, partner) during the past twelve calendar months, if the value thereof exceeds EUR 3000 are declared (Article 6 (1.6) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Board member, advisor, or company officer of private firm Yes. Membership and duties in enterprises, institutions, associations or founcations are declared (Article 6 (1.4) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Post-employment Yes. Public officials must notify the head of the institution or his authorised representative of his acceptance of new employment offer. Upon ascertaining the person’s close official relation to the future employer, the head of the institution or his authorised representative must promptly take measures to avert the threat of a conflict of interest. For an year after the term the public official does not have a right to work as a manager in a company, which he supervised (Article 17 and Article 18 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Simultaneously holding policy-making position and policy-executing position No . Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. A public official must declare an existing conflict of interest and must exclude himself from participation therein. The head of the institution or his authorised representative may refuse to accept the declared his self-exclusion and obligate the person to take part in the subsequent procedure. (Article 11 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Concurrent employment of family members in public sector No . Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Presidential candidates submit declarations of property as candidates for office. Within one month of the date of being elected, employed or appointed to an office in the civil service, officials must file a declaration of interests. (Article 6 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016) Article 5 (1) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Filing required upon leaving office Yes. After termination of office, state politicians and their family members must declare assets held on December 31 of the calendar year in which they ceased to hold office (Article 6 (4) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016) )
Filing required annually Yes. A declaration of property shall be filed annually by 1 May of the calendar year. This holds true even if the official leaves office between 1 January and 1 May of the calendar year. (Article 5 of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Ad hoc filing required upon change in assets or conflicts of interest Yes. If the data given in the declaration of interests changes, the person concerned must revise the declaration within 30 calendar days from the day of change in the data. If new circumstances that may give rise to a conflict of interest appear, the person concerned must modify the declaration immediately, but not later than within 7 days after the said circumstances come to his/her knowledge. (Article 7 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Under Lithuanian law, the President is inviolable and immune from criminal or administrative liability.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Under Lithuanian law, the President is inviolable and immune from criminal or administrative liability.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Under Lithuanian law, the President is inviolable and immune from criminal or administrative liability.

Monitoring and Oversight

Depository body explicitly identified Yes. The depository and enforcement body of declarations of property is the State Tax Inspectorate. The depository and enforcement body of declarations of interest is the Chief Official Ethics Commission. (Article 5 of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 5 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))
Enforcement body explicitly identified Yes. The depository and enforcement body of declarations of property is the State Tax Inspectorate. The depository and enforcement body of declarations of interest is the Chief Official Ethics Commission. (Article 5 of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 5 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))
Some agency assigned responsibility for verifying submission Yes. The State Tax Inspectorate is responsible for submission verification and content verification of declarations. of property. The Chief Official Ethics Commission verifies submission of declarations of interest. (Article 5 of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 5 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))
Some agency assigned responsibility for verifying accuracy Yes. The State Tax Inspectorate is responsible for content verification of declarations of property. The bodies responsible for content verification of declarations of interest are: the head or authorised representatives of the head of the institution in which the person concerned is employed, the Chief Official Ethics Commission; the State Tax Inspectorate, and law enforcement institutions in the manner prescribed by laws. (Article 8 of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 9 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))

Public access to declarations

Public availability Yes. Declarations of property and declarations of interests are publicly available. (Article 10 (2) of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 10 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Timing of information release specified Yes. Declaration of property must be published before 1 October each year. (Article 10 (3) of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 )
Location(s) of access specified Yes. Declarations of property are published in the central tact administrator's website. Data on private interests shall be published in the webpage of the Chief Official Ethics Commission. In order to ensure the publicity of the data on private interests of persons in the civil service a register of private interests shall be set up in accordance with the procedure laid down by the Law on State Registers. (Article 10 (3) of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 10 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Cost of access specified Yes. Institutions provide information free of charge, except the cases when state levy or the fee established under the law is to be paid for the provision of information. (Article 8, paragraph 1, of the Law on Right to Access Information from State and Municipal Institutions and Bodies (2005) )

Ministers

Disclosure items

Spouses and children included in disclosure Yes. Information on spouses and children must be disclosed. (Article 2 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Income and Assets
Real estate Yes. Art.3 (1). 1) immovable property, including unfinished structures, held in the Republic of Lithuania and in foreign states (Article 3 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Movable assets Yes. Art.3 (1). 2) movable property, where such type of property is subject to legal registration under the legal acts of the Republic of Lithuania; 6) works of art, precious stones, jewellery and precious metals, where the value of one such item exceeds 1 500 (Article 3 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Cash Yes. Art.3 (1). 3) monetary funds kept in banks and other credit institutions or elsewhere than in banks and other credit institutions, where the total amount of the monetary funds exceeds EUR 1 500; (Article 3 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Loans and Debts Yes. Art.3 (1). 4) Monetary funds that have been borrowed and have not been repaid, where the total amount of the monetary funds exceeds EUR 1 500; 5) monetary funds that have been lent and have not been recovered, where the total amount of the monetary funds exceeds EUR 1 500; 7) securities, where the total amount of such securities exceeds EUR 1 500. (Article 3 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Income from outside employment/assets No . Absent from legal framework.
Incompatibilities
Gifts received as a public official Yes. Gifts received during the last 12 calendar months (except for the gifts of close people) if the value exceeds EUR 150 (Article 6 (1.5) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Private firm ownership and/or stock holdings Yes. Individual activities and information about the transactions concluded by him/her or his/her spouse (cohabitee, partner) during the past twelve calendar months, if the value thereof exceeds EUR 3000 are declared (Article 6 (1.3) (1.6) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Ownership of state-owned enterprises (SOEs) Yes. Individual activities and information about the transactions concluded by him/her or his/her spouse (cohabitee, partner) during the past twelve calendar months, if the value thereof exceeds EUR 3000 are declared (Article 6 (1.3) (1.6) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Holding government contracts Yes. Information about the transactions concluded by him/her or his/her spouse (cohabitee, partner) during the past twelve calendar months, if the value thereof exceeds EUR 3000 are declared (Article 6 (1.6) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Board member, advisor, or company officer of private firm Yes. Membership and duties in enterprises, institutions, associations or founcations are declared (Article 6 (1.4) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Post-employment Yes. Public officials must notify the head of the institution or his authorised representative of his acceptance of new employment offer. Upon ascertaining the person’s close official relation to the future employer, the head of the institution or his authorised representative must promptly take measures to avert the threat of a conflict of interest. For an year after the term the public official does not have a right to work as a manager in a company, which he supervised (Article 17 and Article 18 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Simultaneously holding policy-making position and policy-executing position No . Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. A public official must declare an existing conflict of interest and must exclude himself from participation therein. The head of the institution or his authorised representative may refuse to accept the declared his self-exclusion and obligate the person to take part in the subsequent procedure. (Article 11 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Concurrent employment of family members in public sector No . Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Ministers submit declarations of property as candidates for office. Within one month of the date of being elected, employed or appointed to an office in the civil service, officials must file a declaration of interests. (Article 6 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016) Article 5 (1) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Filing required upon leaving office Yes. After termination of office, state politicians and their family members must declare assets held on December 31 of the calendar year in which they ceased to hold office (Article 6 (4) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016) )
Filing required annually Yes. A declaration of property shall be filed annually by 1 May of the calendar year. This holds true even if the official leaves office between 1 January and 1 May of the calendar year. (Article 5 of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Ad hoc filing required upon change in assets or conflicts of interest Yes. If the data given in the declaration of interests changes, the person concerned must revise the declaration within 30 calendar days from the day of change in the data. If new circumstances that may give rise to a conflict of interest appear, the person concerned must modify the declaration immediately, but not later than within 7 days after the said circumstances come to his/her knowledge. (Article 7 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. have their freedom restricted otherwise without the prior consent of the Seimas, while between the sessions of the Seimas—without the prior consent of the President of the Republic. (Article 9 of the Law On Declaration Of The Property Of Residents (adopted in1997, amended in 2016) Article 221 of the Criminal Code (adopted 2000, amended in 2015) Article 172 of the Code of Administrative Offences (adopted 1985, amended in 2015) Article 15 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2015))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Public officials are subject to administrative and criminal liability for violations of the Law on Declaration of the Property of Residents (1996). Officials who violate the requirements of the Law on the Adjustment of Private and Public Interests (1997) may not be given incentives, promoted for a year following the day the violation has come to light, and in case of expiration of official duties on any grounds may not be accepted to the civil service for three years following the day the violation has come to light. Failure to observe obligations related to the declaration of interests can result in a fine or a temporary suspension from work. In the case of failure to file or late filing of any declaration, officials may be subject to community service, arrest, or a fine. NOTE: Under Article 100 of the Constitution (1993) the Prime Minister and Ministers may not be held criminally liable, arrested or have their freedom restricted otherwise without the prior consent of the Seimas, while between the sessions of the Seimas—without the prior consent of the President of the Republic. (Article 9 of the Law On Declaration Of The Property Of Residents (adopted in1997, amended in 2016) Article 221 of the Criminal Code (adopted 2000, amended in 2015) Article 172 of the Code of Administrative Offences (adopted 1985, amended in 2015) Article 15 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2015))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Public officials are subject to administrative and criminal liability for violations of the Law on Declaration of the Property of Residents (1996). Officials who violate the requirements of the Law on the Adjustment of Private and Public Interests (1997) may not be given incentives, promoted for a year following the day the violation has come to light, and in case of expiration of official duties on any grounds may not be accepted to the civil service for three years following the day the violation has come to light. In the case of providing false information, officials may be punished by deprivation of the right to be employed in a certain position or to engage in a certain type of activities or by imprisonment for a term of up to three years. NOTE: Under Article 100 of the Constitution (1993) the Prime Minister and Ministers may not be held criminally liable, arrested or have their freedom restricted otherwise without the prior consent of the Seimas, while between the sessions of the Seimas—without the prior consent of the President of the Republic. (Article 9 of the Law On Declaration Of The Property Of Residents (adopted in1997, amended in 2016) Article 221 of the Criminal Code (adopted 2000, amended in 2015) Article 15 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2015))

Monitoring and Oversight

Depository body explicitly identified Yes. The depository and enforcement body of declarations of property is the State Tax Inspectorate. The depository and enforcement body of declarations of interest is the Chief Official Ethics Commission. (Article 5 of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 5 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))
Enforcement body explicitly identified Yes. The depository and enforcement body of declarations of property is the State Tax Inspectorate. The depository and enforcement body of declarations of interest is the Chief Official Ethics Commission. (Article 5 of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 5 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))
Some agency assigned responsibility for verifying submission Yes. The State Tax Inspectorate is responsible for submission verification and content verification of declarations. of property. The Chief Official Ethics Commission verifies submission of declarations of interest. (Article 5 of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 5 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))
Some agency assigned responsibility for verifying accuracy Yes. The State Tax Inspectorate is responsible for content verification of declarations of property. The bodies responsible for content verification of declarations of interest are: the head or authorised representatives of the head of the institution in which the person concerned is employed, the Chief Official Ethics Commission; the State Tax Inspectorate, and law enforcement institutions in the manner prescribed by laws. (Article 8 of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 9 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))

Public access to declarations

Public availability Yes. Declarations of property and declarations of interests are publicly available. (Article 10 (2) of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 10 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Timing of information release specified Yes. Declaration of property must be published before 1 October each year. (Article 10 (3) of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 )
Location(s) of access specified Yes. Declarations of property are published in the central tact administrator's website. Data on private interests shall be published in the webpage of the Chief Official Ethics Commission. In order to ensure the publicity of the data on private interests of persons in the civil service a register of private interests shall be set up in accordance with the procedure laid down by the Law on State Registers. (Article 10 (3) of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 10 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Cost of access specified Yes. Institutions provide information free of charge, except the cases when state levy or the fee established under the law is to be paid for the provision of information. (Article 8, paragraph 1, of the Law on Right to Access Information from State and Municipal Institutions and Bodies (2005) )

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. Information on spouses and children must be disclosed. (Article 2 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Income and Assets
Real estate Yes. Art.3 (1). 1) immovable property, including unfinished structures, held in the Republic of Lithuania and in foreign states (Article 3 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Movable assets Yes. Art.3 (1). 2) movable property, where such type of property is subject to legal registration under the legal acts of the Republic of Lithuania; 6) works of art, precious stones, jewellery and precious metals, where the value of one such item exceeds 1 500 (Article 3 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Cash Yes. Art.3 (1). 3) monetary funds kept in banks and other credit institutions or elsewhere than in banks and other credit institutions, where the total amount of the monetary funds exceeds EUR 1 500; (Article 3 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Loans and Debts Yes. Art.3 (1). 4) Monetary funds that have been borrowed and have not been repaid, where the total amount of the monetary funds exceeds EUR 1 500; 5) monetary funds that have been lent and have not been recovered, where the total amount of the monetary funds exceeds EUR 1 500; 7) securities, where the total amount of such securities exceeds EUR 1 500. (Article 3 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Income from outside employment/assets No . Absent from legal framework.
Incompatibilities
Gifts received as a public official Yes. Gifts received during the last 12 calendar months (except for the gifts of close people) if the value exceeds EUR 150 (Article 6 (1.5) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Private firm ownership and/or stock holdings Yes. Individual activities and information about the transactions concluded by him/her or his/her spouse (cohabitee, partner) during the past twelve calendar months, if the value thereof exceeds EUR 3000 are declared (Article 6 (1.3) (1.6) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Ownership of state-owned enterprises (SOEs) Yes. Individual activities and information about the transactions concluded by him/her or his/her spouse (cohabitee, partner) during the past twelve calendar months, if the value thereof exceeds EUR 3000 are declared (Article 6 (1.3) (1.6) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Holding government contracts Yes. Information about the transactions concluded by him/her or his/her spouse (cohabitee, partner) during the past twelve calendar months, if the value thereof exceeds EUR 3000 are declared (Article 6 (1.6) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Board member, advisor, or company officer of private firm Yes. Membership and duties in enterprises, institutions, associations or founcations are declared (Article 6 (1.4) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Post-employment Yes. Public officials must notify the head of the institution or his authorised representative of his acceptance of new employment offer. Upon ascertaining the person’s close official relation to the future employer, the head of the institution or his authorised representative must promptly take measures to avert the threat of a conflict of interest. For an year after the term the public official does not have a right to work as a manager in a company, which he supervised (Article 17 and Article 18 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Simultaneously holding policy-making position and policy-executing position No . Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. A public official must declare an existing conflict of interest and must exclude himself from participation therein. The head of the institution or his authorised representative may refuse to accept the declared his self-exclusion and obligate the person to take part in the subsequent procedure. (Article 11 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Concurrent employment of family members in public sector No . Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Candidates for MEPs submit declarations of property as candidates for office. Within one month of the date of being elected, employed or appointed to an office in the civil service, officials must file a declaration of interests. (Article 6 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016) Article 5 (1) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Filing required upon leaving office Yes. After termination of office, state politicians and their family members must declare assets held on December 31 of the calendar year in which they ceased to hold office (Article 6 (4) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016) )
Filing required annually Yes. A declaration of property shall be filed annually by 1 May of the calendar year. This holds true even if the official leaves office between 1 January and 1 May of the calendar year. (Article 5 of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Ad hoc filing required upon change in assets or conflicts of interest Yes. If the data given in the declaration of interests changes, the person concerned must revise the declaration within 30 calendar days from the day of change in the data. If new circumstances that may give rise to a conflict of interest appear, the person concerned must modify the declaration immediately, but not later than within 7 days after the said circumstances come to his/her knowledge. (Article 7 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Public officials are subject to administrative and criminal liability for violations of the Law on Declaration of the Property of Residents (1996). Officials who violate the requirements of the Law on the Adjustment of Private and Public Interests (1997) may not be given incentives, promoted for a year following the day the violation has come to light, and in case of expiration of official duties on any grounds may not be accepted to the civil service for three years following the day the violation has come to light. In the case of failure to file or late filing of any declaration, officials may be subject to community service, arrest, or a fine. NOTE: Under Article 62 of the Constitution (1993) the person of a Member of the Seimas shall be inviolable. They may only be prosecuted with the permission of the head of Parliament. (Article 9 of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016) Article 221 of the Criminal Code (adopted in 2000, amended in 2016) Article 172 of the Code of Administrative Offences (adopted in 1985, amended in 2016) Article 15 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Public officials are subject to administrative and criminal liability for violations of the Law on Declaration of the Property of Residents (1996). Officials who violate the requirements of the Law on the Adjustment of Private and Public Interests (1997) may not be given incentives, promoted for a year following the day the violation has come to light, and in case of expiration of official duties on any grounds may not be accepted to the civil service for three years following the day the violation has come to light. Failure to observe obligations related to the declaration of interests can result in a fine or a temporary suspension from work. In the case of failure to file or late filing of any declaration, officials may be subject to community service, arrest, or a fine. NOTE: Under Article 62 of the Constitution (1993) the person of a Member of the Seimas shall be inviolable. They may only be prosecuted with the permission of the head of Parliament. (Article 9 of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016) Article 221 of the Criminal Code (adopted 2000, amended in 2016) Article 202(1) of the Code of Administrative Offences (adopted in 1985, amended in 2016) Article 15 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Public officials are subject to administrative and criminal liability for violations of the Law on Declaration of the Property of Residents (1996). Officials who violate the requirements of the Law on the Adjustment of Private and Public Interests (1997) may not be given incentives, promoted for a year following the day the violation has come to light, and in case of expiration of official duties on any grounds may not be accepted to the civil service for three years following the day the violation has come to light. In the case of providing false information, officials may be punished by deprivation of the right to be employed in a certain position or to engage in a certain type of activities or by imprisonment for a term of up to three years. NOTE: Under Article 62 of the Constitution (1993) the person of a Member of the Seimas shall be inviolable. They may only be prosecuted with the permission of the head of Parliament. (Article 9 of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016) Article 221 of the Criminal Code (adopted 2000, amended in 2016) Article 15 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))

Monitoring and Oversight

Depository body explicitly identified Yes. The depository and enforcement body of declarations of property is the State Tax Inspectorate. The depository and enforcement body of declarations of interest is the Chief Official Ethics Commission. (Article 5 of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 5 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))
Enforcement body explicitly identified Yes. The depository and enforcement body of declarations of property is the State Tax Inspectorate. The depository and enforcement body of declarations of interest is the Chief Official Ethics Commission. (Article 5 of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 5 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))
Some agency assigned responsibility for verifying submission Yes. The State Tax Inspectorate is responsible for submission verification and content verification of declarations. of property. The Chief Official Ethics Commission verifies submission of declarations of interest. (Article 5 of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 5 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))
Some agency assigned responsibility for verifying accuracy Yes. The State Tax Inspectorate is responsible for content verification of declarations of property. The bodies responsible for content verification of declarations of interest are: the head or authorised representatives of the head of the institution in which the person concerned is employed, the Chief Official Ethics Commission; the State Tax Inspectorate, and law enforcement institutions in the manner prescribed by laws. (Article 8 of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 9 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))

Public access to declarations

Public availability Yes. Declarations of property and declarations of interests are publicly available. (Article 10 (2) of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 10 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Timing of information release specified Yes. Declaration of property must be published before 1 October each year. (Article 10 (3) of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 )
Location(s) of access specified Yes. Declarations of property are published in the central tact administrator's website. Data on private interests shall be published in the webpage of the Chief Official Ethics Commission. In order to ensure the publicity of the data on private interests of persons in the civil service a register of private interests shall be set up in accordance with the procedure laid down by the Law on State Registers. (Article 10 (3) of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 10 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Cost of access specified Yes. Institutions provide information free of charge, except the cases when state levy or the fee established under the law is to be paid for the provision of information. (Article 8, paragraph 1, of the Law on Right to Access Information from State and Municipal Institutions and Bodies (2005) )

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. Information on spouses and children must be disclosed. (Article 2 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Income and Assets
Real estate Yes. Art.3 (1). 1) immovable property, including unfinished structures, held in the Republic of Lithuania and in foreign states (Article 3 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Movable assets Yes. Art.3 (1). 2) movable property, where such type of property is subject to legal registration under the legal acts of the Republic of Lithuania; 6) works of art, precious stones, jewellery and precious metals, where the value of one such item exceeds 1 500 (Article 3 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Cash Yes. Art.3 (1). 3) monetary funds kept in banks and other credit institutions or elsewhere than in banks and other credit institutions, where the total amount of the monetary funds exceeds EUR 1 500; (Article 3 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Loans and Debts Yes. Art.3 (1). 4) Monetary funds that have been borrowed and have not been repaid, where the total amount of the monetary funds exceeds EUR 1 500; 5) monetary funds that have been lent and have not been recovered, where the total amount of the monetary funds exceeds EUR 1 500; 7) securities, where the total amount of such securities exceeds EUR 1 500. (Article 3 (1) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Income from outside employment/assets No . Absent from legal framework.
Incompatibilities
Gifts received as a public official Yes. Gifts received during the last 12 calendar months (except for the gifts of close people) if the value exceeds EUR 150 (Article 6 (1.5) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Private firm ownership and/or stock holdings Yes. Individual activities and information about the transactions concluded by him/her or his/her spouse (cohabitee, partner) during the past twelve calendar months, if the value thereof exceeds EUR 3000 are declared (Article 6 (1.3) (1.6) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Ownership of state-owned enterprises (SOEs) Yes. Individual activities and information about the transactions concluded by him/her or his/her spouse (cohabitee, partner) during the past twelve calendar months, if the value thereof exceeds EUR 3000 are declared (Article 6 (1.3) (1.6) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Holding government contracts Yes. Information about the transactions concluded by him/her or his/her spouse (cohabitee, partner) during the past twelve calendar months, if the value thereof exceeds EUR 3000 are declared (Article 6 (1.6) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Board member, advisor, or company officer of private firm Yes. Membership and duties in enterprises, institutions, associations or founcations are declared (Article 6 (1.4) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Post-employment Yes. Public officials must notify the head of the institution or his authorised representative of his acceptance of new employment offer. Upon ascertaining the person’s close official relation to the future employer, the head of the institution or his authorised representative must promptly take measures to avert the threat of a conflict of interest. For an year after the term the public official does not have a right to work as a manager in a company, which he supervised (Article 17 and Article 18 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Simultaneously holding policy-making position and policy-executing position No . Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. A public official must declare an existing conflict of interest and must exclude himself from participation therein. The head of the institution or his authorised representative may refuse to accept the declared his self-exclusion and obligate the person to take part in the subsequent procedure. (Article 11 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Concurrent employment of family members in public sector No . Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Candaites for public office submit declarations of property as candidates for office within 7 days of submission of their application. Within one month of the date of being elected, employed or appointed to an office in the civil service, officials must file a declaration of interests. (Article 6 (2) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016) Article 5 (1) of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Filing required upon leaving office Yes. After termination of office, state politicians and their family members must declare assets held on December 31 of the calendar year in which they ceased to hold office (Article 6 (4) of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016) )
Filing required annually Yes. A declaration of property shall be filed annually by 1 May of the calendar year. This holds true even if the official leaves office between 1 January and 1 May of the calendar year. (Article 5 of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016))
Ad hoc filing required upon change in assets or conflicts of interest Yes. If the data given in the declaration of interests changes, the person concerned must revise the declaration within 30 calendar days from the day of change in the data. If new circumstances that may give rise to a conflict of interest appear, the person concerned must modify the declaration immediately, but not later than within 7 days after the said circumstances come to his/her knowledge. (Article 7 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. Public officials are subject to administrative and criminal liability for violations of the Law on Declaration of the Property of Residents (1996). Officials who violate the requirements of the Law on the Adjustment of Private and Public Interests (1997) may not be given incentives, promoted for a year following the day the violation has come to light, and in case of expiration of official duties on any grounds may not be accepted to the civil service for three years following the day the violation has come to light. In the case of failure to file or late filing of any declaration, officials may be subject to community service, arrest, or a fine of 1,000 to 5,000 LTL. (Article 9 of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016) Article 221 of the Criminal Code (adopted 2000, last amended 2016) Article 172 of the Code of Administrative Offences )adopted 1985, amended 2016) Article 15 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted 1997, last amended in 2016))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. Public officials are subject to administrative and criminal liability for violations of the Law on Declaration of the Property of Residents (1996). Officials who violate the requirements of the Law on the Adjustment of Private and Public Interests (1997) may not be given incentives, promoted for a year following the day the violation has come to light, and in case of expiration of official duties on any grounds may not be accepted to the civil service for three years following the day the violation has come to light. Failure to observe obligations related to the declaration of interests can result in a fine of 500 to 2,000 LTL or a temporary suspension from work. In the case of failure to file or late filing of any declaration, officials may be subject to community service, arrest, or a fine of 1,000 to 5,000 LTL. (Article 9 of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016) Article 221 of the Criminal Code (adopted 2000, last amended 2016) Article 172 of the Code of Administrative Offences )adopted 1985, amended 2016) Article 15 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted 1997, last amended in 2016))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Public officials are subject to administrative and criminal liability for violations of the Law on Declaration of the Property of Residents (1996). Officials who violate the requirements of the Law on the Adjustment of Private and Public Interests (1997) may not be given incentives, promoted for a year following the day the violation has come to light, and in case of expiration of official duties on any grounds may not be accepted to the civil service for three years following the day the violation has come to light. In the case of providing false information, officials may be punished by deprivation of the right to be employed in a certain position or to engage in a certain type of activities or by imprisonment for a term of up to three years. (Article 9 of the Law On Declaration Of The Property Of Residents (adopted 1996, amended in 2016) Article 221 of the Criminal Code (adopted 2000, last amended 2016) Article 15 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted 1997, last amended in 2016))

Monitoring and Oversight

Depository body explicitly identified Yes. The depository and enforcement body of declarations of property is the State Tax Inspectorate. The depository and enforcement body of declarations of interest is the Chief Official Ethics Commission. (Article 5 of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 5 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))
Enforcement body explicitly identified Yes. The depository and enforcement body of declarations of property is the State Tax Inspectorate. The depository and enforcement body of declarations of interest is the Chief Official Ethics Commission. (Article 5 of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 5 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))
Some agency assigned responsibility for verifying submission Yes. The State Tax Inspectorate is responsible for submission verification and content verification of declarations. of property. The Chief Official Ethics Commission verifies submission of declarations of interest. (Article 5 of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 5 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))
Some agency assigned responsibility for verifying accuracy Yes. The State Tax Inspectorate is responsible for content verification of declarations of property. The bodies responsible for content verification of declarations of interest are: the head or authorised representatives of the head of the institution in which the person concerned is employed, the Chief Official Ethics Commission; the State Tax Inspectorate, and law enforcement institutions in the manner prescribed by laws. (Article 8 of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 9 of the Law on the Adjustment of Public and Private Interests in the Civil Service, (adopted in1997, amended in 2016))

Public access to declarations

Public availability Partially. civil servants and their family members may submit a request to the Central Tax Administrator to publish their declarations of property on the Central Tax Administrator's website. The declaration of interests is public (Article 10 (4) of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 10 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. Declarations of property are published in the central tact administrator's website. Data on private interests shall be published in the webpage of the Chief Official Ethics Commission. In order to ensure the publicity of the data on private interests of persons in the civil service a register of private interests shall be set up in accordance with the procedure laid down by the Law on State Registers. (Article 10 (3) of the Law On Declaration Of The Property Of Residents, 1996, amended 2015 Article 10 of the Law on the Adjustment of Public and Private Interests in the Civil Service (adopted in1997, amended in 2016))
Cost of access specified Yes. Institutions provide information free of charge, except the cases when state levy or the fee established under the law is to be paid for the provision of information. (Article 8, paragraph 1, of the Law on Right to Access Information from State and Municipal Institutions and Bodies (2005) )

Qualitative data for 2017


Legislation

Code of Administrative Offences, 1985, amended 2016 (Lithuanian)pdf
Criminal Code, 2000, amended 2016 (Lithuanian)pdf
Law On Declaration Of The Property Of Residents, 1996, amended 2016 (Lithuanian)pdf
Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016 (Lithuanian)pdf
Law on Access to Information from State and Municipal Bodies, 2005, amended 2016 (Lithuanian)pdf

Conflict of Interest

The Law on the Adjustment of Public and Private Interests in the Civil Service (1997, last amended in 2016) includes a general clause on all Lithuanian public officials avoiding conflicts of interest. In addition, they may not accept gifts or take up employment in the executive of a private company for one year after ending tenure. Additionally, the Lithuanian Constitution (1992, last amended in 2003) prevents the Head of State, Ministers, and MPs from holding another office or receiving remuneration for outside employment in a private company. In addition, Members of Parliament may not perform advisory or managerial functions in a commercial enterprise. Only Civil Servants are explicitly prevented from participating in a decision which may affect private interests.

While no monitoring body is specified for Head of State, Ministers, and Civil Servants the laws concerning conflicts of interests that regard them are enforced by the Chief Official Ethics Commission, amongst others. Beyond this, the Commission for Ethics and Procedures provides guidance to MPs on how to fully comply with regulations on conflicts of interests. It is also responsible for investigating and enforcing the implementation of these regulations amongst Members of Parliament.


Quantitative Data

Primary Metric

2012201520162017Trend
Restrictions70656565
Sanctions50676767
Monitoring and Oversight50626262

Alternative Metric

2012201520162017Trend
Head of State40626262
Ministers62626262
Members of Parliament62828282
Civil servants62525252

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest Yes. In order to ensure the supremacy of public interest, persons in the civil service must: 1) discharge their official duties impartially, honestly and competently; 2) avoid conflict of interest in accordance with the procedure and measures laid down by legal acts, and act in such a way as to avoid suspicions about the existence of such a conflict; (Article 3 of the Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016)
Accepting gifts Yes. A person in the civil service may not accept or grant gifts or services if this may give rise to private and public interests conflict. The above restriction shall not be applicable to gifts or services accepted pursuant to the international protocol or customs usually connected with the official duties of the person in the civil service. In case the gift is valued in excess of 5 minimum living standards, the gift shall be considered the property of the state or municipality. Such gifts shall be evaluated and kept in the manner laid down by the Chief Official Ethics Commission. (Article 14 of the Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016)
Private firm ownership and/or stock holdings Yes. The President of the Republic may not be a Member of the Seimas, may not hold any other office, and may not receive any remuneration other than the remuneration established for the President of the Republic as well as remuneration for creative activities. (Article 83 of the Constitution (1992, last amended in 2003))
Ownership of state-owned enterprises (SOEs) Yes. The President of the Republic may not be a Member of the Seimas, may not hold any other office, and may not receive any remuneration other than the remuneration established for the President of the Republic as well as remuneration for creative activities. (Article 83 of the Constitution (1992, last amended in 2003))
Holding government contracts Yes. The President of the Republic may not be a Member of the Seimas, may not hold any other office, and may not receive any remuneration other than the remuneration established for the President of the Republic as well as remuneration for creative activities. (Article 83 of the Constitution (1992, last amended in 2003))
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment Yes. After leaving office in the civil service a person shall have Noright, within a period of one year, to take up employment of company head, deputy head, company board or management board member and run other offices directly related to decision-making in company management, property management, financial accounting and control sphere, provided that during the period of one year immediately prior to the termination of his service in public office his duties were directly related to the supervision or control of the business of said undertakings or the person participated in consideration and making of favourable for these companies decisions for obtaining state orders or financial assistance in the course of public contests or otherwise. A person, following the expiration of the term of office in the civil service, or an undertaking in which he or his close relatives or family members hold over 10% of the authorised capital or material contribution, or are employed in the management or audit institutions, shall have Noright for a period of one year to enter into contracts with the institution or seek individual privileges provided by the institution in which the person held office for the last year. (Articls 18-19 of the Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016)
Simultaneously holding policy-making position and policy-executing position Yes. The President of the Republic may not be a Member of the Seimas, may not hold any other office, and may not receive any remuneration other than the remuneration established for the President of the Republic as well as remuneration for creative activities. A person elected President of the Republic must suspend his activities in political parties and political organisations until the beginning of a new campaign of the election of the President of the Republic. (Article 83 of the Constitution (1992, last amended in 2003))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Lithuanian Republic law on public and private interests in the civil service prohibiting, restricting or binding provisions: The violator shall incur in a fine of five hundred to one thousand litas. If the same offenses committed by a person who has already been convicted, he incur in a fine of one thousand to two thousand litas or suspension from work. (Article 202.1 of the Code of Administrative Offences, 1985, amended in 2016)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Lithuanian Republic law on public and private interests in the civil service prohibiting, restricting or binding provisions: The violator shall incur in a fine of five hundred to one thousand litas. If the same offenses committed by a person who has already been convicted, he incur in a fine of one thousand to two thousand litas or suspension from work. (Article 202.1 of the Code of Administrative Offences, 1985, amended in 2016)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. Some bodies are responisible for the enforcement: Chief Official Ethics Commission, the state and municipal institutions, agencies or their authorized representatives, other state institutions according to the laws. (Article 22 of the Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016)

Ministers

Restrictions

General restriction on conflict of interest Yes. In order to ensure the supremacy of public interest, persons in the civil service must: 1) discharge their official duties impartially, honestly and competently; 2) avoid conflict of interest in accordance with the procedure and measures laid down by legal acts, and act in such a way as to avoid suspicions about the existence of such a conflict; (Article 3 of the Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016)
Accepting gifts Yes. A person in the civil service may not accept or grant gifts or services if this may give rise to private and public interests conflict. The above restriction shall not be applicable to gifts or services accepted pursuant to the international protocol or customs usually connected with the official duties of the person in the civil service. In case the gift is valued in excess of 5 minimum living standards, the gift shall be considered the property of the state or municipality. Such gifts shall be evaluated and kept in the manner laid down by the Chief Official Ethics Commission. (Article 14 of the Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016)
Private firm ownership and/or stock holdings Yes. The Prime Minister and Ministers may not hold any other elected or appointed office, may not work in any business, commercial or other private establishments or enterprises, nor may they receive any remuneration other than that established for their respective Government offices and payment for creative activities. (Article 99 of the Constitution (1992, last amended in 2003))
Ownership of state-owned enterprises (SOEs) Yes. The Prime Minister and Ministers may not hold any other elected or appointed office, may not work in any business, commercial or other private establishments or enterprises, nor may they receive any remuneration other than that established for their respective Government offices and payment for creative activities. (Article 99 of the Constitution (1992, last amended in 2003))
Holding government contracts Yes. The Prime Minister and Ministers may not hold any other elected or appointed office, may not work in any business, commercial or other private establishments or enterprises, nor may they receive any remuneration other than that established for their respective Government offices and payment for creative activities. (Article 99 of the Constitution (1992, last amended in 2003))
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment Yes. After leaving office in the civil service a person shall have Noright, within a period of one year, to take up employment of company head, deputy head, company board or management board member and run other offices directly related to decision-making in company management, property management, financial accounting and control sphere, provided that during the period of one year immediately prior to the termination of his service in public office his duties were directly related to the supervision or control of the business of said undertakings or the person participated in consideration and making of favourable for these companies decisions for obtaining state orders or financial assistance in the course of public contests or otherwise. A person, following the expiration of the term of office in the civil service, or an undertaking in which he or his close relatives or family members hold over 10% of the authorised capital or material contribution, or are employed in the management or audit institutions, shall have Noright for a period of one year to enter into contracts with the institution or seek individual privileges provided by the institution in which the person held office for the last year. (Articls 18-19 of the Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016)
Simultaneously holding policy-making position and policy-executing position Yes. The Prime Minister and Ministers may not hold any other elected or appointed office, may not work in any business, commercial or other private establishments or enterprises, nor may they receive any remuneration other than that established for their respective Government offices and payment for creative activities. (Article 99 of the Constitution (1992, last amended in 2003))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Lithuanian Republic law on public and private interests in the civil service prohibiting, restricting or binding provisions: The violator shall incur in a fine of five hundred to one thousand litas. If the same offenses committed by a person who has already been convicted, he incur in a fine of one thousand to two thousand litas or suspension from work. (Article 202.1 of the Code of Administrative Offences, 1985, amended in 2016)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Lithuanian Republic law on public and private interests in the civil service prohibiting, restricting or binding provisions: The violator shall incur in a fine of five hundred to one thousand litas. If the same offenses committed by a person who has already been convicted, he incur in a fine of one thousand to two thousand litas or suspension from work. (Article 202.1 of the Code of Administrative Offences, 1985, amended in 2016)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. Some bodies are responisible for the enforcement: Chief Official Ethics Commission, the state and municipal institutions, agencies or their authorized representatives, other state institutions according to the laws. (Article 22 of the Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016)

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. In order to ensure the supremacy of public interest, persons in the civil service must: 1) discharge their official duties impartially, honestly and competently; 2) avoid conflict of interest in accordance with the procedure and measures laid down by legal acts, and act in such a way as to avoid suspicions about the existence of such a conflict; (Article 3 of the Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016)
Accepting gifts Yes. A person in the civil service may not accept or grant gifts or services if this may give rise to private and public interests conflict. The above restriction shall not be applicable to gifts or services accepted pursuant to the international protocol or customs usually connected with the official duties of the person in the civil service. In case the gift is valued in excess of 5 minimum living standards, the gift shall be considered the property of the state or municipality. Such gifts shall be evaluated and kept in the manner laid down by the Chief Official Ethics Commission. (Article 14 of the Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016)
Private firm ownership and/or stock holdings Yes. The duties of a Member of the Seimas, with the exception of his duties at the Seimas, shall be incompatible with any other duties at State institutions and organisations as well as with work in business, commercial and other private establishments or enterprises. During his term of office, a Member of the Seimas shall be exempt from the duty to perform the national defence service. The duties of a Member of the Seimas, with the exception of his duties in the Seimas, shall be incompatible with any other duties in state agencies and organisations and with any job in business, commercial and other private agencies or enterprises. (Article 60 or the Constitution (1992, last amended in 2016) Article 6 of the Statute of the Seimas (1994, last amended in 2016))
Ownership of state-owned enterprises (SOEs) Yes. The duties of a Member of the Seimas, with the exception of his duties at the Seimas, shall be incompatible with any other duties at State institutions and organisations as well as with work in business, commercial and other private establishments or enterprises. During his term of office, a Member of the Seimas shall be exempt from the duty to perform the national defence service. (Article 60 or the Constitution (1992, last amended in 2003))
Holding government contracts Yes. The duties of a Member of the Seimas, with the exception of his duties at the Seimas, shall be incompatible with any other duties at State institutions and organisations as well as with work in business, commercial and other private establishments or enterprises. During his term of office, a Member of the Seimas shall be exempt from the duty to perform the national defence service. (Article 60 or the Constitution (1992, last amended in 2003))
Board member, advisor, or company officer of private firm Yes. The duties of a Member of the Seimas, with the exception of his duties at the Seimas, shall be incompatible with any other duties at State institutions and organisations as well as with work in business, commercial and other private establishments or enterprises. During his term of office, a Member of the Seimas shall be exempt from the duty to perform the national defence service. (Article 60 or the Constitution (1992, last amended in 2003))
Post-employment Yes. After leaving office in the civil service a person shall have Noright, within a period of one year, to take up employment of company head, deputy head, company board or management board member and run other offices directly related to decision-making in company management, property management, financial accounting and control sphere, provided that during the period of one year immediately prior to the termination of his service in public office his duties were directly related to the supervision or control of the business of said undertakings or the person participated in consideration and making of favourable for these companies decisions for obtaining state orders or financial assistance in the course of public contests or otherwise. A person, following the expiration of the term of office in the civil service, or an undertaking in which he or his close relatives or family members hold over 10% of the authorised capital or material contribution, or are employed in the management or audit institutions, shall have Noright for a period of one year to enter into contracts with the institution or seek individual privileges provided by the institution in which the person held office for the last year. (Articls 18-19 of the Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016)
Simultaneously holding policy-making position and policy-executing position Yes. The duties of a Member of the Seimas, with the exception of his duties at the Seimas, shall be incompatible with any other duties at State institutions and organisations as well as with work in business, commercial and other private establishments or enterprises. During his term of office, a Member of the Seimas shall be exempt from the duty to perform the national defence service. (Article 60 or the Constitution (1992, last amended in 2003))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Lithuanian Republic law on public and private interests in the civil service prohibiting, restricting or binding provisions: The violator shall incur in a fine of five hundred to one thousand litas. If the same offenses committed by a person who has already been convicted, he incur in a fine of one thousand to two thousand litas or suspension from work. (Article 202.1 of the Code of Administrative Offences, 1985, amended in 2016)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Lithuanian Republic law on public and private interests in the civil service prohibiting, restricting or binding provisions: The violator shall incur in a fine of five hundred to one thousand litas. If the same offenses committed by a person who has already been convicted, he incur in a fine of one thousand to two thousand litas or suspension from work. (Article 202.1 of the Code of Administrative Offences, 1985, amended in 2016)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Having considered the private interests declarations of Members of the Seimas, the Commission for Ethics and Procedures shall submit to Members of the Seimas written recommendations how to avoid the conflict of interest, which Members of the Seimas may make public at their own discretion. The said recommendations may be general (annual) or specific. The latter shall usually be submitted at the request of a Member of the Seimas. (Article 18(5) of the Statute of the Seimas (1994, last amended in 2015))
Enforcement body specified (sanctions, hearings) Yes. In the event of the conflict of interest, a Member of the Seimas must act in compliance with this Statute and recommendations of the Commission for Ethics and Procedures or the Chief Official Ethics Commission. A Member of the Seimas must do his utmost that his integrity should not raise doubts among the public and that the public be given a possibility to ascertain the integrity of the Member of the Seimas. The Commission for Ethics and Procedures or an investigation commission set up for this purpose must analyse the activities of a Member of the Seimas which violate the said provisions, and prepare findings for the Seimas. (Article 18(2-3) of the Statute of the Seimas (1994, last amended in 2016))

Civil servants

Restrictions

General restriction on conflict of interest Yes. In order to ensure the supremacy of public interest, persons in the civil service must: 1) discharge their official duties impartially, honestly and competently; 2) avoid conflict of interest in accordance with the procedure and measures laid down by legal acts, and act in such a way as to avoid suspicions about the existence of such a conflict; (Article 3 of the Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016)
Accepting gifts Yes. A person in the civil service may not accept or grant gifts or services if this may give rise to private and public interests conflict. The above restriction shall not be applicable to gifts or services accepted pursuant to the international protocol or customs usually connected with the official duties of the person in the civil service. In case the gift is valued in excess of 5 minimum living standards, the gift shall be considered the property of the state or municipality. Such gifts shall be evaluated and kept in the manner laid down by the Chief Official Ethics Commission. (Article 14 of the Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016)
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment Yes. After leaving office in the civil service a person shall have Noright, within a period of one year, to take up employment of company head, deputy head, company board or management board member and run other offices directly related to decision-making in company management, property management, financial accounting and control sphere, provided that during the period of one year immediately prior to the termination of his service in public office his duties were directly related to the supervision or control of the business of said undertakings or the person participated in consideration and making of favourable for these companies decisions for obtaining state orders or financial assistance in the course of public contests or otherwise. A person, following the expiration of the term of office in the civil service, or an undertaking in which he or his close relatives or family members hold over 10% of the authorised capital or material contribution, or are employed in the management or audit institutions, shall have Noright for a period of one year to enter into contracts with the institution or seek individual privileges provided by the institution in which the person held office for the last year. (Articls 18-19 of the Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. A person in the civil service shall be prohibited from participating in the preparation, consideration or passing of decisions or from otherwise influencing decisions, which may give rise to a conflict of interest situation. (Article 11(1) of the Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Lithuanian Republic law on public and private interests in the civil service prohibiting, restricting or binding provisions: The violator shall incur in a fine of five hundred to one thousand litas. If the same offenses committed by a person who has already been convicted, he incur in a fine of one thousand to two thousand litas or suspension from work. (Article 202.1 of the Code of Administrative Offences, 1985, amended in 2016)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Lithuanian Republic law on public and private interests in the civil service prohibiting, restricting or binding provisions: The violator shall incur in a fine of five hundred to one thousand litas. If the same offenses committed by a person who has already been convicted, he incur in a fine of one thousand to two thousand litas or suspension from work. (Article 202.1 of the Code of Administrative Offences, 1985, amended in 2016)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. Some bodies are responisible for the enforcement: Chief Official Ethics Commission, the state and municipal institutions, agencies or their authorized representatives, other state institutions according to the laws. (Article 22 of the Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended in 2016)

Qualitative data for 2017


Legislation

Code of Administrative Offences, 1985, amended 2016 (Lithuanian)pdf
Constitution, 1992, amended in 2003 (English)pdf
Law on the Adjustment of Public and Private Interests in the Civil Service, 1997, amended 2015 (Lithuanian)pdf
Statute of the Seimas, 1994, amended 2016 (Lithuanian)pdf

Freedom of Information

Lithuania's federal legal framework governing the right to receive information from public federal institutions derives primarily from three sources: its Constitution (1992), the Law on the Provision of Information to the Public (1996, amended 2016), and the Law on the Right to Receive Information from State and Municipal Institutions and Bodies (2000, amended 2014). The scope of the 2000 FOI law extends to state and municipal institutions and agencies, including the representative, the head of state, executive and judicial authorities, law enforcement agencies and institutions, audit, control (supervision) agencies and other institutions financed from the state or municipal budgets. Any legal entity in which majority shares are owned by the state is covered by the law, along with private enterprises that perform statutory roles or provide statutory services.

Specific exemptions to disclosure are outlined in the aforementioned FOI laws, the Constitution and Civil Code, the Law on State Secrets and Official Secrets (1999), and the Law on Legal Protection of Personal Data (2008). However, there is a public interest test whereby exemptions to disclosure may be overridden in cases where the public interest outweighs the prohibition on disclosure.

Appeals may be filed with public authorities and with the courts. An independent appeal mechanism also exists outside of the courts through the Commission of Administrative Disputes, whose decisions are binding.

There are no sanctions specified in the law for violations of FOI provisions. The Ministry of Culture is granted authority to oversee implementation of state policy in the field of access to information.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope and Coverage93939393
Information access and release75757575
Exceptions and Overrides100100100100
Sanctions for non-compliance0000
Monitoring and Oversight17171717

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. The citizen shall have the right to receive, according to the procedure established by law, any information concerning him that is held by State institutions. (Article 25, Constitution of Lithuania, 1992)
"Information" or "Documents" is defined Yes. 37 . The official state and municipal authorities and institutions documents - state and local government institutions, enterprises and institutions, public persons authorized by the applicable law, the power to create, approve, or get on with their activities the written, graphic, audio, computer information or other documents, enrolled in these institutions, enterprises and institutions of accounting documents. (Article 2, Law on the Provision of Information to the Public, 1996, amended 2016)
Proactive disclosure is specified Yes. 1. The body must have approved by the Government in line with the requirements of a website providing information about its functions, structure, provision of information for the index information, other statutory information. (Article 6, Law on the Right to Receive Information from State and Municipal Institutions and Bodies, 2000, amended 2014)

Coverage of public and private sectors

Executive branch Yes. 10. State and municipal institutions and agencies (hereinafter - institution ) - the representative, the head of state, executive and judicial authorities, law enforcement agencies and institutions, audit, control (supervision) agencies and other state and municipal institutions and agencies, which financed from the state or municipal budgets and state monetary funds and in the public administration in accordance with law is to give the powers of public administration, businesses and institutions providing public services to people; as well as state and municipal enterprises, public institutions, owned, or at least one of the shareholders is the State or a municipality, public companies and private companies in which the state or local government owns more than 50 percent of the votes at the general meeting of shareholders, where they provide information about its employees wages under the Law. (Article 2, Law on the Right to Receive Information from State and Municipal Institutions and Bodies, 2000, amended 2014)
Legislative branch Yes. 10. State and municipal institutions and agencies (hereinafter - institution ) - the representative, the head of state, executive and judicial authorities, law enforcement agencies and institutions, audit, control (supervision) agencies and other state and municipal institutions and agencies, which financed from the state or municipal budgets and state monetary funds and in the public administration in accordance with law is to give the powers of public administration, businesses and institutions providing public services to people; as well as state and municipal enterprises, public institutions, owned, or at least one of the shareholders is the State or a municipality, public companies and private companies in which the state or local government owns more than 50 percent of the votes at the general meeting of shareholders, where they provide information about its employees wages under the Law. (Article 2, Law on the Right to Receive Information from State and Municipal Institutions and Bodies, 2000, amended 2014)
Judicial branch Yes. 10. State and municipal institutions and agencies (hereinafter - institution ) - the representative, the head of state, executive and judicial authorities, law enforcement agencies and institutions, audit, control (supervision) agencies and other state and municipal institutions and agencies, which financed from the state or municipal budgets and state monetary funds and in the public administration in accordance with law is to give the powers of public administration, businesses and institutions providing public services to people; as well as state and municipal enterprises, public institutions, owned, or at least one of the shareholders is the State or a municipality, public companies and private companies in which the state or local government owns more than 50 percent of the votes at the general meeting of shareholders, where they provide information about its employees wages under the Law. (Article 2, Law on the Right to Receive Information from State and Municipal Institutions and Bodies, 2000, amended 2014)
Other public bodies Yes. 10. State and municipal institutions and agencies (hereinafter - institution ) - the representative, the head of state, executive and judicial authorities, law enforcement agencies and institutions, audit, control (supervision) agencies and other state and municipal institutions and agencies, which financed from the state or municipal budgets and state monetary funds and in the public administration in accordance with law is to give the powers of public administration, businesses and institutions providing public services to people; as well as state and municipal enterprises, public institutions, owned, or at least one of the shareholders is the State or a municipality, public companies and private companies in which the state or local government owns more than 50 percent of the votes at the general meeting of shareholders, where they provide information about its employees wages under the Law. (Article 2, Law on the Right to Receive Information from State and Municipal Institutions and Bodies, 2000, amended 2014)
Private sector No. Absent from legal framework

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. Draft laws and other legal acts, which under the resolution of Seimas shall be made available for the discussion by the public, shall be published in the Appendix “Informaciniai pranešimai“ of the Official Journal “Valstybės Žinios”. Each public institution shall have an internet site, in which it shall publish the draft laws and other normative legal acts prepared by the institution, as well as the draft laws or other legal acts prepared by the agencies under control of the institution and belonging to its regulation sphere and submitted to the Government of the Republic of Lithuania. (Article 126 of the Statute of the Seimas of the Republic of Lithuania, 1994, amended 2016 Article 17 of the Legislative Framework Law, 2012, amended 2015 )
Enacted legal instruments Yes. The enacted laws and other legal acts, including decrees, resolutions, and orders, shall be published in the Official Journal “Valstybės žinios”. Establishes that the individual administrative acts may be published in the Appendix to the Official Journal “Valstybės Žinios“ upon the discretion of the persons that signed them. Each public institution shall have an internet site, in which it shall publish the titles of the valid legal acts of the institution’s regulation sphere together with the links to their actual versions. (Article 17 of the Legislative Framework Law, 2012, amended 2015 )
Annual budgets Yes. State and Municipal annual budgets shall be accessible to public; and the drawing up, adoption, implementation, evaluation and control is open to public when this information does not contain State secret. (Article 11 of the Law on the Budget Structure (1990, amended 2016) )
Annual chart of accounts (actual expenditures) Yes. Sets of reports on the implementation of the State budget and municipal budgets, including actual expenditures, shall be drawn up by the Ministry of Finance and submitted to the Government of the Republic of Lithuania. After analyzing the sets of reports, the Government submits the relevant decisions regarding the State budget to the Seimas for approval. A set of reports on the implementation of a municipal budget shall be approved by a municipal council. (Articles 35 and 36 of the Law on the Budget Structure (1990, amended 2016) )
Annual reports of public entities and programs Yes. The public entities are required to provide all information to public on its functions and activities and regulate general requirement to submit information to the public, however, they do not directly relate to annual reports. Public entities are obliged to publish all legal information relating to the activities of the entity, including legal acts, draft legal acts, researches and analysis related to future legal regulation, which include annual reports on the activity of the institution as well. Moreover the public entities shall provide information on the activities of the institution, brief history of the institution, plans and spheres of activities in the internet site of the institution. (Article 6, paragraphs 1 and 2, of the Law on the Provision of Information to the Public, 1996, amended 2016 Article 6, paragraph 1 and 2, Law on Right to Receive Information from State and Municipal Institutions and Bodies, 2000, amended 2014 )

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) No. 6. The applicant - a Lithuanian national, state signatory to the European Economic Area agreement, a foreign national who has a residence permit in the Republic of Lithuania, or the group of persons of the Republic of Lithuania legal person, legal persons or other organizations registered in a State party to the European Economic Area Agreement or their representative offices and branches established in the Republic of Lithuania. (Article 2, Law on the Right to Receive Information from State and Municipal Institutions and Bodies, 2000, amended 2014)
Type of request is specified (written, electronic, oral) Yes. 2. Applications may be submitted directly to the applicant upon arrival at the office, sent by post or by courier or by electronic means, if it is possible to identify the applicant. Applications, with the exception of oral, recorded, processed and recorded in the accounting laws and other legal acts. 3. Oral requests by phone or in the office of the applicant upon arrival can be provided in cases where the applicant wishes to be informed orally or access to a document, without having to request a copy of that document, the information can be made immediately, without prejudice to the law and other legal acts. (Article 12, paragraph 1, of the Law on Right to Receive Information from State and Municipal Institutions and Bodies, 2000, amended 2014 )
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. Absent from legal framework
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. The payment may only be in the amount for the services involving information retrieval and the multiplication (copying) of information or document. This payment may not exceed the actual costs of providing information. The fee for provision of the information cannot exceed the expenses for preparation and provision of the information together with reasonable investment return. (Article 6, paragraph 6, of the Law on the Provision of Information to the Public, 1996, amended 2016 Article 8, paragraph 2, of the Law on Right to Receive Information from State and Municipal Institutions and Bodies, 2000, amended 2014)

Deadlines for release of information

20-day response deadline Yes. Term of 20 business days is specified for acknowledging a FOIA request and either providing requested information or advising that more time (additional 20 business days) will be required. (Article 14 of the Law on Right to Receive Information from State and Municipal Institutions and Bodies, 2000, amended 2014)
Agency granted right to extend response time Yes. If extensive or difficult information is requested, the response term may be extended for additional 20 business days. (Article 14 of the Law on Right to Receive Information from State and Municipal Institutions and Bodies, 2000, amended 2014)
Maximum total response time of no more than 40 days Yes. Maximum total time (initial and extended time) to answer the request is 40 business days. (Article 14 of the Law on Right to Receive Information from State and Municipal Institutions and Bodies, 2000, amended 2014)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Law on State Secrets and Official Secrets (1999) (Law on State Secrets and Official Secrets (1999, aemdned 2016) )
Existence of personal privacy/data law Yes. Law on Legal Protection of Personal Data (2008) (Law on Legal Protection of Personal Data (2008, amended 2016) )
Specific exemptions to disclosure Yes. Specific exemptions to coverage are provided in several provisions, outlined below. Information is exempt to protect constitutional order or individuals’ honor and health; and generally, in situations of martial law. The legislation exempts information implicating state security; public order; territorial integrity; judicial impartiality; business, state, professional, commercial, or bank secrets; defense, foreign policy, criminal prosecution, and prevention of crimes or the disclosure of confidential information and protect people’s health, rights, and dignity. The legislation exempts information implicating administrative information the processing of which is not related to government functions; government-held intellectual property; information imparted via nationally funded broadcasts, schools, libraries, science agencies, museums, theatres, concert halls, or the Dept. of Archives; public safety; national defense; statistical data; state, official, commercial, professional, or bank secrets. The legislation exempts information implicating personal data. The legislation exempts information implicating confidential commercial or bank secrets. The legislation exempts information implicating national security, defense, foreign relations, public safety, privacy, criminal investigation and prosecution, economic policies, commercial interests, and personal information. The legislation exempts information implicating certain classified state and official secrets , including military information, government emergency plans, technological or scientific information, foreign relations and negotiations, nuclear power plants, information and communication systems, intelligence, covert participants in certain government programs like health care, pre-trial investigatory information, personal information about a witness or a victim, certain data on the transportation of special cargoes, economic and banking information, and certain strategic topographical maps, among a few others. (Articles 25, 28 and 145 of the Constitution of LIthuania (1992) Article 3, paragraph 4, and Article 18 of the Law on the Provision of Information to the Public, 1996, amended 2016 Article 1, paragraph 3, of the Law on Right to Receive Information from State and Municipal Institutions and Bodies, 2000, amended 2014 Article 6 of the Law on Legal Protection of Personal Data (2008, amended 2016) Articles 1.116 and 6.925 of the Civil Code of the Republic of Lithuania (2000, amended 2016) Articles 3 and 7 of the Law on State Secrets and Official Secrets (1999, amended 2016) )
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. A general right of a person to appeal against the adopted individual administrative act, is established. The right to appeal the refusal to provide the information requested, is established. The legislation provides a general right to appeal a decision on an institution, such right is provided in majority acts relating decisions of public entities. The principle Law relating to the right and procedure to submit appeals within a public entity is the mentioned in the Law on Public Administration. (Articles 8 and 20 of the Law on Public Administration, 1999, amended 2015 Articles 16 and 19 of the Law on Right to Receive Information from State and Municipal Institutions and Bodies, 2000, amended 2014 )
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. Yes. An independent appeal mechanism outside of the courts through the Commission of Administrative Disputes, exists. An independent appeal mechanism outside of the courts through the Seimas Ombudsman, exists. (Articles 1 and 11 of the Law on the Commissions of Administrative Disputes (1999, amended 2016) Articles 12 and 13 of the Law on the Seimas Ombudsman (1998, amended 2014) )
Judicial appeals mechanism Yes. A mechanism for appeal through the administrative court system exists. (Articles 3 and 5 of the Law on the Jurisdiction of Administrative Cases (1999, amended 2016))

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework
Fines are specified for violations of disclosure requirements No. Absent from legal framework
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework
Public body that is responsible for applying sanctions No. Absent from legal framework
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. Yes. A Government authorized institution is a body responsible for implementation of the state policy in the field of providing information. Authority is granted to the Ministry of Culture. (Article 45 of the Law on the Provision of Information to the Public, 1996, amended 2016 Resolution of Government regarding Authorization Granted to the Ministry of Culture (2001) )
Ombudsman involvement in implementation is specified by law No. Absent from legal framework
Reporting of data and/or implementation is required No. Absent from legal framework

Qualitative data for 2017


Legislation

Constitution of Lithuania, 1992 (English)pdf
Law on the Provision of Information to the Public, 1996, amended 2016 (Lithuanian)pdf
Law on the Right to Receive Information from State and Municipal Institutions and Bodies, 2000, amended 2014 (Lithuanian)pdf
Statute of the Seimas of the Republic of Lithuania, 1994, amended 2016 (Lithuanian)pdf
Legislative Framework Law, 2012, amended 2015 (Lithuanian)pdf
Law on the Budget Structure, 1990, amended 2016 (Lithuanian)pdf
Law on State Secrets and Official Secrets, 1999, amended 2016 (Lithuanian)pdf
Law on Legal Protection of Personal Data, 2008, amended 2016 (Lithuanian)pdf
Civil Code of the Republic of Lithuania, 2000, amended 2016 (Lithuanian)pdf
Criminal Code of the Republic of Lithuania, 2000, amended 2016 (Lithuanian)pdf
Code of Administrative Offences, 1985, amended 2016 (Lithuanian)pdf
Law on Public Administration, 1999, amended 2015 (Lithuanian)pdf
Law on the Commissions of Administrative Disputes, 1999, amended 2016 (Lithuanian)pdf
Law on the Seimas Ombudsman, 1998, amended 2014 (English)pdf
Law on the Jurisdiction of Administrative Cases, 1999, amended 2016 (Lithuanian)pdf

Public Procurement

The Lithuanian public procurement system is regulated by the Law on Public Procurement (2006), and additional regulations as introduced by the Government, Ministry of Environment, Ministry of Economy and the Public Procurement Office. The public procurement body is the Public Procurement Office, which is an organization under the Ministry of Economics.

The lowest minimum thresholds for conducting a public procurement tender are:

▪         LTL 58,000   (EUR 17,000) for goods

▪         LTL 145,000 (EUR 40,000)for works

▪         LTL  58,000 (EUR 17,000) for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 52 days for open procedures, 37 days for restricted procedures and 37 for negotiated procedures from dispatch date. The period can be shorter in the event that a prior information notice is issued. The final beneficial owners have to be disclosed when placing a bid.

There is an option for preferential treatment: the contracting authorities can request certain quality standards related to environmental sustainability. There are several options for bid exclusion: conviction for certain crimes (corruption, bribery, fraud etc.) in the last five years, bankruptcy, outgoing tax liabilities, false information. Bids can be also excluded because of abnormally low bid prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. There is also a requirement that some part of the evaluation committee be independent of the contracting authority.

There is no payable fee in case of an arbitration procedure, and the decisions are disclosed on an annual basis.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope678196
Information availability338383
Evaluation757575
Open competition838383
Institutional arrangements292929

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 4000. Simplied procurement procedure (which includes a competition) applies from EUR 4000. Detailed rules per Directive 2004/18 apply from EUR 42000. (PUBLIC: Article 82(1), Law on Public Procurement, 2006, amended 2016)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 14000. Simplied procurement procedure (which includes a competition) applies from EUR 14000. Detailed rules per Directive 2004/18 apply from EUR 170’000. (PUBLIC: Article 82(1), Law on Public Procurement, 2006, amended 2016)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 4000. Simplied procurement procedure (which includes a competition) applies from EUR 4000. Detailed rules per Directive 2004/18 apply from EUR 42000. (PUBLIC: Article 82(1), Law on Public Procurement, 2006, amended 2016)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 4000. Simplied procurement procedure (which includes a competition) applies. (Article 82(1), Law on Public Procurement, 2006, amended 2016)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 418000. For services and goods. The threshold for works is EUR 5225000. (Article 11(1), Law on Procurement for Utilities Service Providers, 2010, amended 2016; Article 2.1 of Cabinet of Ministers Regulation No.840 of 7 September 2010)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 4000. Simplied procurement procedure (which includes a competition) applies. The contracting authority must apply the rules of the Law on Public Procurement or Law on Procurement for Utilities Service Providers. (Article 6(1), Defence and Security Procurement Law, 2011, amended 2013)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 4000. PUBLIC: Simplied procurement procedure (which includes a competition) applies from EUR 4000. Detailed rules per Directive 2004/18 apply from EUR 42’000. UTILITIES: No simplified procedure provided for.Detailed rules per Directive 2004/17 apply from EUR 418'000. DEFENCE: Simplied procurement procedure (which includes a competition) applies from EUR 4000. Detailed rules per Directive 2004/18 apply from EUR 42’000. (PUBLIC: Article 8(2), Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 11(1), Law on Procurement for Utilities Service Providers, 2010, amended 2016; Article 2.1 of Cabinet of Ministers Regulation No.840 of 7 September 2010 DEFENCE: Article 6(1), Defence and Security Procurement Law, 2011, amended 2013)
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 14000. PUBLIC: Simplied procurement procedure (which includes a competition) applies from EUR 14000. Detailed rules per Directive 2004/18 apply from EUR 170000. UTILITIES: No simplified procedure provided for. Detailed rules per Directive 2004/17 apply from EUR 5'225'000. DEFENCE: Simplied procurement procedure (which includes a competition) applies from EUR 14000. Detailed rules per Directive 2004/18 apply from EUR 170000. (PUBLIC: Article 8(2), Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 11(1), Law on Procurement for Utilities Service Providers, 2010, amended 2016; Article 2.1 of Cabinet of Ministers Regulation No.840 of 7 September 2010 DEFENCE: Article 6(1), Defence and Security Procurement Law, 2011, amended 2013)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 4000. PUBLIC: Simplied procurement procedure (which includes a competition) applies from EUR 4000. Detailed rules per Directive 2004/18 apply from EUR 42’000. UTILITIES: No simplified procedure provided for.Detailed rules per Directive 2004/17 apply from EUR 418'000. DEFENCE: Simplied procurement procedure (which includes a competition) applies from EUR 4000. Detailed rules per Directive 2004/18 apply from EUR 42’000. (PUBLIC: Article 8(2), Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 11(1), Law on Procurement for Utilities Service Providers, 2010, amended 2016; Article 2.1 of Cabinet of Ministers Regulation No.840 of 7 September 2010 DEFENCE: Article 6(1), Defence and Security Procurement Law, 2011, amended 2013)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. PUBLIC: They must be publicly accessible free of charge UTILITIES: They must be publicly accessible free of charge DEFENCE: They must published or sent to eligible entities free of charge (PUBLIC: Articles 8(7), 82(4), 30(1) and 30(6), Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 36(1), Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 38, Defence and Security Procurement Law, 2011, amended 2013)
Are any of these documents published online at a central place? No. The Contracting authority chooses the publishing place, normally its own webpage. (PUBLIC: Articles 8(7), 82(4), 30(1) and 30(6), Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 36(1), Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 6(9), Defence and Security Procurement Law, 2011, amended 2013)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) No. The laws explicitly requires keeping only -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports. PUBLIC: for 10 years. UTILITIES: for 4 years. DEFENCE: for 5 years The obligation for storing other documents can be inferred from general storing obligations of the institutions involved based on relevant general laws and internal documents. (PUBLIC: Article 36, Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 40, Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 42, Defence and Security Procurement Law, 2011, amended 2013 )
Are contracts awarded within a framework agreement published (ie mini contracts)? No. < > (PUBLIC: Article 27(1), Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 57(4), Law on Procurement for Utilities Service Providers, 2010, amended 2016 )

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. < >
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. < >

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. The provision bans mentioning specific companies or brands in tender specification. The only exception is for the purpose of describing a product precisely and all equivalents must still be permitted. (PUBLIC: Article 17(10), Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 20(10), Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 19(9), Defence and Security Procurement Law, 2011, amended 2013 )
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. < >
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. < >
Is there a specific set of rules for green/sustainable procurement? Yes. The Contracting may require the suppliers to adhere to an environmental management system or observe specific environmental requirements, set MEAT criteria based on environmental considerations. There are specific MEAT rules for vehicle, food and catering procurement. (PUBLIC: Articles 17(2), 44, 46(1)1 and 461(1), Law on Public Procurement, 2006, amended 2016, Cabinet of Ministers Regulation No.673 of 28 October 2014; Cabinet of Ministers Regulation No.1184 of 21 December 2010 UTILITIES: Articles 26, 27, 45 and 51(1), Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Articles 17, 19(2) and 24, Defence and Security Procurement Law, 2011, amended 2013)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. PUBLIC: The contracting authority shall reject requests to participate and tenders if the supplier’s directors have an unspent or unexpunged conviction or a judgment of conviction was passed and became effective within the past three years for various bribery charges, fraud, embezzlement, money laundering, tax evasion, financing terrorism. The supplier shall also be excluded for a tax debt in excess of EUR 150, specific employment law violations, insolvency, as a vertical agreement aimed at restricting the opportunity of a purchaser to determine the resale price, or horizontal cartel agreement. All exclusion decisions may be reversed if the tenderer restores his reliability. UTILITIES: The contracting authority shall reject requests to participate and tenders if the supplier’s directors have an unspent or unexpunged conviction or a judgment of conviction was passed and became effective within the past three years for various bribery charges, fraud, embezzlement, money laundering, tax evasion, financing terrorism. The supplier shall also be excluded for a tax debt in excess of EUR 150, specific employment law violations, insolvency, as a vertical agreement aimed at restricting the opportunity of a purchaser to determine the resale price, or horizontal cartel agreement. All exclusion decisions may be reversed if the tenderer restores his reliability. DEFENCE: In addition to the grounds in the other laws, the contracting authority must exclude entities, which may threaten national security or if it has unilaterally terminated a previous procurement contract with the specific bidder. (PUBLIC: Articles 391 and 392, Law on Public Procurement, 2006, amended 2016 UTILITIES: Articles 20(10) and 421, Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 44, Defence and Security Procurement Law, 2011, amended 2013)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. < >
Is scoring criteria published? Yes. Lowest price or MEAT (PUBLIC: Article 46, Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 51, Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 26, Defence and Security Procurement Law)
Are decisions always made by a committee? Yes. PUBLIC: Committee of at least 3 people UTILITIES: only for design contests DEFENCE: Committee of at least 3 people. (PUBLIC: Article 22, Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 64, Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 28, Defence and Security Procurement Law)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. PUBLIC: Person drafting the procurement documentation, members of the procurement commission and experts shall not be allowed to represent the interests of a candidate or tenderer, as well as may not be connected to the candidate or tenderer. A member of the commission and an expert is connected to a candidate or tenderer if he or she is: 1) the current or former employee, official, participant, shareholder or member of a legal person – candidate, tenderer or sub-contractor, and if this connection with the legal person has terminated within the last 24 months; 2) the father, mother, grandmother, grandfather, child, grandchild, adoptee, adopter, brother, sister, half-brother, half-sister or spouse (hereinafter – relative) of a shareholder who owns at least 10 per cent of shares, participant or official of a legal person – candidate, tenderer or sub-contractor; or 3) a relative of a natural person – candidate, tenderer or sub-contractor. Members of the procurement commission and experts sign a statement that there are no such circumstances, due to which it might be regarded that they are interested in selecting or activities of a particular candidate or tenderer or that they are connected to them. UTLITIES: See above. DEFENCE: See above (PUBLIC: Article 23, Law on Public Procurement, 2006, amended 2016 UTILITIES: Section V1, Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 29, Defence and Security Procurement Law, 2011, amended 2013)
Is some part of evaluation committee mandatorily independent of contracting authority? No. < >
Are scoring results publicly available? No. PUBLIC: They are however available upon request by anyone. UTILITIES: They are however available upon request by anyone.
Does the law specify under which conditions the tender can be cancelled? Yes. PUBLIC: If tenders or applications have not been submitted for the particular procurement procedure or if the tenders submitted do not conform to the requirements specified in the procurement procedure documents or the candidates do not conform to the qualification requirements to be met, the commissioning authority shall take a decision to terminate the procurement procedure. It may then be relaunched as a negotiated procedure. Should the contracting authority cancel the tender due to lack of funds, the need to amend the technical specification or other unforeseen and objective circumstances, it may not renew it and must call for a new tender. (PUBLIC: Article 38, Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 55, Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 51, Defence and Security Procurement Law, 2011, amended 2013 )

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. Official Journal of the European Union for tenders above the EU threshold, as well as on the webpage of the Public Procurement Monitoring Bureau (Iepirkumu uzraudzības birojs). (PUBLIC: Articles 26 and 28, Law on Public Procurement, 2006, amended 2016 UTILITIES: Articles 30, 31 and 34, Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Articles 32 and 36(2), Defence and Security Procurement Law, 2011, amended 2013 )
Does the law specify the location for publicizing restricted calls for tenders? Yes. Official Journal of the European Union for tenders above the EU threshold, as well as on the webpage of the Public Procurement Monitoring Bureau (Iepirkumu uzraudzības birojs). (PUBLIC: Articles 26 and 28, Law on Public Procurement, 2006, amended 2016 UTILITIES: Articles 30, 31 and 34, Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Articles 32 and 36(2), Defence and Security Procurement Law, 2011, amended 2013 )
Does the law specify the location for publicizing negotiated calls for tenders? Yes. Official Journal of the European Union for tenders above the EU threshold, as well as on the webpage of the Public Procurement Monitoring Bureau (Iepirkumu uzraudzības birojs). (PUBLIC: Articles 26 and 28, Law on Public Procurement, 2006, amended 2016 UTILITIES: Articles 30, 31 and 34, Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Articles 32 and 36(2), Defence and Security Procurement Law, 2011, amended 2013 )

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 2. PUBLIC: 2 UTILITIES: 2 DEFENCE: 3 (PUBLIC: Article 54(2), Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 41(3) and (4), Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 18, Defence and Security Procurement Law, 2011, amended 2013 )
What is the minimum number of bidders for negotiated procedures? 2. UTILITIES: The law requires minimum 2 participants. DEFENCE: The law requires minimum 3 participants. (PUBLIC: Articles 62 and 63, Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 41(3) and (4), Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 18, Defence and Security Procurement Law, 2011, amended 2013 )
What is the minimum number of bidders for competitive dialogue procedures? 1. UTILITIES: The law does not provide for a competitive dialogue. DEFENCE: The law requires minimum 3 participants. (PUBLIC: Article 642, Law on Public Procurement, 2006, amended 2016 DEFENCE: Article 18, Defence and Security Procurement Law, 2011, amended 2013 )

Bidding period length

What are the minimum number of days for open procedures? 30. PUBLIC: If tender value is below EUR 5’225'000 for works and EUR 135’000 for goods and services. If it’s above these values, then the term is 52 days. UTILITIES: If the contracting authority publishes a prior notice or periodically reports on future tenders, it may set the bidding period at 36 days or shorten it to 22 based on objective reasons. In all other cases the bidding term is 52 days. DEFENCE: The law does not provide for an open procedure. (PUBLIC: Article 29(2), Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 35(2), Law on Procurement for Utilities Service Providers, 2010, amended 2016)
What are the minimum number of days for restricted procedures? 25. PUBLIC: If tender value is below EUR 5’225'000 for works and EUR 135’000 for goods and services. If it’s above these values, then the term is 37 days. UTILITIES: The general bidding term is 37 days, but the contracting authority may shorten it to 15 based on objective reasons. DEFENCE: If tender value is below EUR 5’225'000 for works and EUR 418’000 for goods and services. If it’s above these values, then the term is 37 days. (PUBLIC: Article 29(4), Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 35(4), Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 37(2), Defence and Security Procurement Law, 2011, amended 2013)
What are the minimum number of days  for competitive negotiated procedures? 25. PUBLIC: If tender value is below EUR 5’225'000 for works and EUR 135’000 for goods and services. If it’s above these values, then the term is 37 days. UTILITIES: The general bidding term is 37 days, but the contracting authority may shorten it to 15 based on objective reasons. DEFENCE: If tender value is below EUR 5’225'000 for works and EUR 418’000 for goods and services. If it’s above these values, then the term is 37 days. (PUBLIC: Article 29(4), Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 35(4), Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 37(2), Defence and Security Procurement Law, 2011, amended 2013)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. PUBLIC: In short, the exclusions apply if a contracting authority enters into a contract regarding: the purchase or lease of land, existing structure or other immovable property or the acquisition of other rights to such immovable property with any financial resources. the creation, improvement, production or alteration of programme material if it is intended for transmission to be performed by a broadcasting organisation, as well as for the broadcasting time; the services of arbitration and the services, which are provided for the conciliation of parties; financial services a loan from international financial organisations in which Latvia is a member state; employment contracts; research and development services, in-house services or purchases or works; service and structural concessions if funds awarded in tender procedures according to international agreements, by an international organisation or special laws; the Cabinet of Ministers has deemed the information regarding a contract or the implementation thereof as an official secret; the application thereof may cause harm to the protection of substantial interests of the State. for ensuring the public electronic communications networks maintained by the commissioning authority or one or several electronic communication services available to the public and provided by the commissioning authority. This exemption shall not apply to television and radio broadcasting. UTILITIES: The utilities service providers do not have to apply the procurement rules if they engage in deals No. 1, 3, 4, 6, 7, 8, 9, 10 above and for supplies of water or energy or fuel if it provides water or energy supply services. DEFENCE: The contracting authority do not have to apply the procurement rules if they engage in deals No. 1, 3, 4, 6, 7, 10 above and for buying goods, services or works from other contracting authorities abroad, tenders for intelligence purposes and for works, goods or services in countries of military exercises or operations. (PUBLIC: Article 3, Law on Public Procurement, 2006, amended 2016 UTILITIES: Articles 9 and 10, Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 4, Defence and Security Procurement Law, 2011, amended 2013)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. PUBLIC: a State or local government institution, a local government, other derived public person or institution thereof, an association, in which all members are commissioning authorities, a foundation, all founders of which are commissioning authorities, as well as such legal person governed by private law, which concurrently conforms with the following criteria: a) is established or operates in order to ensure the needs of the public, which are not of commercial or industrial nature; b) is subordinate or subject to the decisive influence of a State or local government institution, a local government, other derived public person or institution thereof, or subject to the decisive influence of a legal person governed by private law conforming to these criteria (this influence manifests as the majority of voting rights upon electing the members of the supervisory or executive authority or upon appointment of the administration) or more than 50 per cent of financing for activities of such legal person governed by private law comes from the State, local government, other derived public person, institution thereof or another legal person governed by private law conforming to these criteria; UTILITIES: a) a public authority or a public authority undertaking that performs the activities referred to in the Law, or b) any private-law entity that performs the activities referred to in the Law or in any combination thereof on the basis of special or exclusive rights that have been conferred by a competent authority on the basis of such regulatory or administrative acts the norms of which restrict the performance of activities in the aforementioned fields, granting the right to perform activities in any of these fields only to one entity or some entities, and which significantly affects the opportunities of other entities to act in these fields; DEFENCE: A contracting authority according to the Law on Public Procurement or Law on Public Procurement for Utilities Service Providers who purchase goods, services or works for various military and security services. (PUBLIC: Article 1, subsection 10, Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 1 subsection 21 and Chapter II, Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 1, subsection 23, and Article 3, Defence and Security Procurement Law, 2011, amended 2013)
Does the law specify the main procedure types or procurement methods permitted? Yes. PUBLIC: Open, restricted, negotiated with or without prior notice and competitive dialogue, design contest UTILITIES: Open, restricted, negotiated with a prior notice and design contest DEFENCE: restricted, negotiated procedure and competitive dialogue (PUBLIC: Article 8(1), Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 11(2), Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 6(3), Defence and Security Procurement Law, 2011, amended 2013)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. Regional Administrative Court (PUBLIC: Articles 82(18) and 85(1) and Chapter XII1, Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 80(1) and Chapter XIII, Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 66, Defence and Security Procurement Law, 2011, amended 2013)
Is there a procurement regulatory body dedicated to public procurement? Yes. Public Procurement Monitoring Bureau (Iepirkumu uzraudzības birojs). (PUBLIC: Chapter XII, Law on Public Procurement, 2006, amended 2016 UTILITIES: Chapter XII, Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 63, Defence and Security Procurement Law, 2011, amended 2013)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. < >
Is disclosure of final, beneficial owners required for placing a bid? No. < >

Complaints

Is there a fee for arbitration procedure? Yes. A standard court fee is required, currently EUR 28.46. (Article 124(1), Administrative Procedure Law, 2004, amended 2014)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. The contracting entity must postpone signing of the contract for (i) for the number of days the relevant parties have for filing a complaint with Public Procurement Monitoring Bureau (Iepirkumu uzraudzības birojs) and (ii) until it publishes the decision. If there is no right to appeal the violations before the Bureau, even if there’s a recourse to court, there is no postponement. The rule does not apply to framework agreements. (PUBLIC: Article 67(4), Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 60(1), Law on Procurement for Utilities Service Providers, 2010, amended 2016 DEFENCE: Article 54(2) and (3), Defence and Security Procurement Law, 2011, amended 2013)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? 30. Depends on the fora. If the appeal falls to courts, then it’s a month from the day of the violation. If it falls to Public Procurement Monitoring Bureau (Iepirkumu uzraudzības birojs), then it’s either 10 or 15 days, depending on the mode of transmitting the award information. (PUBLIC: Articles 82(18) and 83(2), Law on Public Procurement, 2006, amended 2016 UTILITIES: Article 77(2), Law on Procurement for Utilities Service Providers, 2010, amended 2016; Supreme Court decision No.SKA-524/2013 of 1 July 2013 DEFENCE: Articles 63 and 66, Defence and Security Procurement Law, 2011, amended 2013)
Is there a requirement to publicly release arbitration court decisions ? No. There is no explicit legal rule requiring it, but the Public Procurement Monitoring Bureau (Iepirkumu uzraudzības birojs) decisions on the subject matter (http://iub.gov.lv/lv/iubsearch/pt/complaint/) and judgments (https://manas.tiesas.lv/eTiesasMvc/nolemumi ) are published online.

Qualitative data for 2017


Legislation

Law on Public Procurement, 1996, amended 2015 (Lithuanian)pdf
Law on Public Procurement, 1996, amended 2014 (Lithuanian)pdf
Law on Public Procurement, 1996, amended 2016 (Lithuanian)pdf
Law on Procurement in Defence and Security 2011 (Lithuanian)pdf