SEIMAS OF THE REPUBLIC OF LITHUANIA

Document Nr.5

SEIMAS OF THE REPUBLIC OF LITHUANIA

ANTICORRUPTION COMMISSION

No.S-2007-2919 of 26 03 2007

To request of 08 03 2007

To: Zenonas Jurgelevičius
Jaunimo g. 28
Ringaudai

Kaunas District

RE: REQUEST

In the Republic of Lithuania Seimas Anticorruption Commission (hereinafter – Commission) your request regarding restoration of ownership rights to Elzbieta Jurgelevičienė has been received.

You request to inspect the presented facts and restore justice. We remind that justice in the Republic of Lithuania is carried out only by courts. According to the documents you have enclosed it is seen that on 07 12 2006 Kaunas Circuit Court passed the decision in civil case No. 2A-1335-343/2006 according to E.Jurgelevičienė‘s appeal. By this decision the appeal has been dismissed. The decision has come into effect. Seimas Anticorruption Commission Law prohibits the Commission to interfere into the activities of courts and judicial institutions, so we cannot evaluate the decisions and the facts analysed in these decisions. As E. Jurgelevičienė‘s ownership rights restoration process had been considered in the courts and court decisions regarding this process have come into effect, the Commission does not have legal basis to analyze this situation anew and pass decisions. You have indicated in your application that Kaunas District Court passed decision according to false documents presented by the complainant. If you have evidence related with new circumstances in the case you are entitled to make a request on renewal of procedure regarding newly discovered facts. The Commission does not have such a right. Besides we draw your attention to the fact that in the case you have information about the fact that the judges, who had heard the cases, had a personal interest in the result of the cases we request to inform the Commission about such information.

We also draw your attention to the fact that Commission does not have the functions to calculate and establish the damage done to the legitimate landowners. However, we inform that in the sitting of Seimas Anticorruption Commission group for the investigation of possible corruption manifestations in the sphere of land-use planning issues which took place on 21 03 2007, the working group decided to address to the Republic of Lithuania Government with a request to analyze the present situation when the ownership rights are not restored to persons not due to their fault and damage is done to those persons and asked to present possible solution for this problem and opportunities of covering the damage. On 22 03 2007 the Commission addressed the Government with an above mentioned request.

If you have evidence regarding the facts not indicated in your application related to possible corruption, misuse of state employees and officials, and these facts were not considered in courts, and decisions regarding them were not passed, please, inform the Commission about them.

We remind that consideration of conformity of laws of the Republic of Lithuania to the Constitution is falls under the competence of Constitutional Court. European Law Department under Ministry of Justice of the Government Republic of Lithuania is entitled to consider the conformity of the laws of the Republic of Lithuania to European Union law. The Commission does not exercise legal powers to evaluate laws. If you want to initiate law revisions, the Petition Law offers you such right.

Respectfully, (signature)

Commission Chairman Rimantas Jonas Dagys

V.Vaitekūnaitė (8 5) 239 6814