REPUBLIC OF LITHUANIA LAW ON NATIONAL CONSCRIPTION. 22 October 1996 No. I-1593 Vilnius (as amended by 17 July 2000 No. VIII-1863)

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1 Official translation REPUBLIC OF LITHUANIA LAW ON NATIONAL CONSCRIPTION 22 October 1996 No. I-1593 Vilnius (as amended by 17 July 2000 No. VIII-1863) CHAPTER I GENERAL PROVISIONS Article 1. Purpose of the Law 1. This Law shall establish the procedure for the fulfilment of military conscription of citizens of the Republic of Lithuania and ensuring of the said conscription. 2. The procedure of fulfilment of military conscription of the citizens of the Republic of Lithuania who also have citizenship of other states shall be regulated by international agreements. If an international agreement has not been concluded with another state, the fulfilment of military conscription shall be regulated by this Law. Article 2. Military Conscription Military conscription - the right of a citizen of the Republic of Lithuania, provided for in the Constitution, to fulfil active military service or alternative national defence service, and to prepare oneself to defend the state from aggression. Article 3. Ensuring of Military Conscription of Citizens 1. Military conscription of citizens shall be ensured by state institutions and undertakings, agencies and organisations of all types and forms of ownership. 2. Only those citizens who are required to fulfil the initial mandatory military service and who have completed such service, have been exempted from it or have obtained deferment of obligation to serve in the cases specified by this Law, as well as for whom the said service has been replaced with other ways of fulfilment of military service under the conditions established by this Law, may be employed in the public service and the police.

2 3. When being employed in the public service and the police, conscripts must present a military document attesting to the status of military conscription: a conscript or draftee certificate. Article 4. Main Definitions of this Law 1. "Military draftee record " means registration of military conscripts, draftees and enlistees entering their names in the lists of potential draftees, and reserve conscripts, and upon entrance in to the military striking them off the said lists. 2. "Mandatory military service" means required military service of a citizen of the Republic of Lithuania, established by the Constitution of the Republic of Lithuania. It shall consist of initial continuous military service of the duration established by this Law continuous initial military service and periodic refreshing military service in the active reserve and service in the event of mobilisation. 3. "Alternative national defence service" means mandatory national defence service for those who due to religious or pacifistic beliefs may not serve under arms. 4. "Conscript" means a citizen of the Republic of Lithuania over 16 years of age who has the obligation to serve. 5. "Potential draftee" means a military conscript (male) from 16 to 19 years of age. 6. "Draftee" means a military conscript (male) from 19 to 26 years of age who has neither completed an initial period of mandatory military service or alternative national defence service, nor is exempted from it because of the reasons laid down in this Law. 7. "Recruit" means a draftee who is assigned by decision of the Selective Recruitment Commission to a unit (training centre) - from the day he is assigned to the unit (training centre) until the day he arrives to the unit (training centre). 8. "Reservist" means a military conscript before he reaches the age limit set by this Law, who has completed initial mandatory military service or has not completed it, or has completed military volunteer service and is transferred to the reserve, or is transferred from professional military service to the reserve and entered into the active or individual reserve register. 9. "Obligation of an active reservist" means the liability of a reservist whose name is entered in the active reserve register to fulfil refreshing military service to periodically or taking into consideration national defence needs. 10. "Obligation of an individual reserve serviceman" means a liability of an individual reserve serviceman who is exempted from the liability to serve in active reserve 2

3 because of the age or other reasons and transferred to individual reserve, to fulfil military service in the event of mobilisation. CHAPTER II REGISTRATION AND CALL UP FIRST SECTION REGISTRATION OF POTENTIAL DRAFTEES Article 5. Entering of Youths in a Military Register 1. Citizens of the Republic of Lithuania (males), upon reaching 16 years of age, must within 2 months check their health at a health care institution at a primary level of the Lithuanian national health system in the manner prescribed by the Ministry of Health Care and deliver an obtained extract from an individual's health history (out-patient card) to local territorial military offices. 2. Potential draftees shall be entered in a military register at local territorial military offices issued a draftee's certificate of an established form. SECOND SECTION CALL UP Article 6. Procedure for Organising the Draft 1. A citizen of the Republic of Lithuania, upon reaching 19 years of age, must arrive at a local territorial military office within a period of 45 days which starts 30 days prior to his 19 th birthday and ends 15 days after the birthday. Draftees for whom initial mandatory military service is deferred in the cases provided for Article 9 of this Law, but who, nevertheless, wish to fulfil such service regardless of the time limit of deferment of service, may apply to the Selective Recruitment Commission and the said Commission must call them up to initial mandatory military service, if there are no grounds for deferment of mandatory service specified in paragraphs 1 and 2 of Article of this Law. 2. Draftees must arrive at local territorial military offices, Selective Recruitment Commissions and Medical Commissions when they are summoned to arrive as indicated in the call-up notice sent by mail and announced in a city's (region's) newspaper. 3

4 3. A draftee who fails to arrive without good reason shall be held liable under the laws. 4. Draftees who have not been called up to initial mandatory military service because of the reasons specified in Article 9 of this Law, shall be called up after such reasons no longer exist. 5. Draftees who are recognised by the Selective Recruitment Commission as being fit for initial mandatory military service shall be prohibited from leaving the Republic of Lithuania for longer than the day of designated arrival at a military unit. 6. A recruit shall acquire a status of a serviceman from the day he arrives at the unit (training centre) or the moment he comes under the subordination of a commander (military superior). Article 7. Valid Reasons of Non-arrival 1. In all cases established by this Law, valid reasons of military conscripts' nonarrival at the designated time shall be as follows: 1) draftee's illness; 2) death of draftee's family member or close relative; 3) natural disaster or accident; 4) draftee's studies abroad if this constitutes grounds for deferment of initial mandatory military service in accordance with subparagraphs 1-4 of paragraph 1 of Article 9 of this Law. 2. In the cases specified in subparagraphs 1-3 of Article 1 of this Article, draftees must have a relevant document and submit it to the Selective Recruitment Commission, and in the case specified in subparagraph 4 draftees must submit or send a relevant document or documents related to deferment of the service by a registered letter. Article 8. Exemption from Initial Mandatory Military Service 1. Citizens of the Republic of Lithuania shall be exempted from initial mandatory military service in the following cases: 1) they do not fit for initial mandatory military service because of their health condition in accordance with the list of diseases established in the Medical Commission Regulations; 2) having declared in writing that due to their religious or pacifistic beliefs they may not serve under arms, and assigned to fulfil alternative national defence service; 4

5 3) clergymen of religious communities and associations which are traditional in Lithuania and recognised by the State. 2. A person convicted for a serious crime and sentenced to imprisonment may not be conscripted to fulfil mandatory military service. 3. Initial mandatory military service of the duration provided for in Article 17 of this Law may be altered into one of the following types of service: 1) for students of universities and colleges, except students of the Military Academy of Lithuania training in Leadership Courses of set duration during the studies, the schedule of which is co-ordinated with a schedule of studies at universities, and performing military training in the armed forces the duration of which does not exceed 90 days during summer holidays in accordance with the procedure established in Article 19; 2) for cadets of the Military Academy of Lithuania - studies according to a curriculum of the Academy; 3) for persons who graduated from universities - service the duration of which does not exceed 6 months in separate training military units according to a leadership training programme or service the duration of which does not exceed 3 months according to a basic military training course; 4) in a manner prescribed by Article 19 of this Law, basic military training; 5) for persons who have concluded a volunteer service contract - exemplary, at least three-year service as a line unit volunteer serviceman in the national defence volunteer forces. 4. The following persons shall be regarded as having completed initial mandatory military service: 1) those who have completed initial mandatory military service established in Article 17 of this Law; 2) those who have completed service in one of the ways indicated in paragraph 3 of this Article and received a certificate confirming the completion of such service; 3) those servicemen who have been dismissed (expelled) from the Military Academy of Lithuania, and who have finished at least one-year course of studies. 5. Initial military service may be altered into one of the service types specified in subparagraphs 1, 3, and 4 of paragraph 3 of this Article in accordance with the procedure established by the Minister of National Defence, on the recommendation of the Selective Recruitment Commission. The duration of the service subject to completion in such way 5

6 and a form of certificates conforming its completion shall be established by the Minister of National Defence on the proposal of the commander of the armed. 6. Draftees who have graduated from universities or colleges and who have not been called up to do initial mandatory military service within 12 months after the graduation from such institution, shall be exempt from initial mandatory military service. Article 9. Deferment of Initial Mandatory Military Service and Alternative National Defence Service 1. By decision of the Selective Recruitment Commission, initial mandatory military service and alternative national defence service shall be deferred in accordance with the procedure established in paragraph 3 of this Article: 1) for pupils of full-time, part-time secondary schools of general education and vocational training schools, who are not older than 20 years of age - until they finish the schools; 2) for students of universities and colleges (except students of correspondence courses) - until they reach 24 years of age; 3) for students of post-graduate courses - until they reach 26 years of age; 4) for doctoral students and residents; 5) for persons against whom criminal proceedings are instituted - until the judgement of acquittal becomes effective or the proceedings are discontinued; 6) when the mother or the father of a draftee is an invalid of Group I or II and there are no other adult family members who can support them; 7) when the mother or the father of a draftee solely raises one or more adolescent children up to the age of 16 or older who are recognised as invalids of Group I or II and there are no other adult family members; 8) when a draftee has one or more adolescent brothers or sisters up to the age of 18 and there are no other adult family members who can support them; 9) when the wife of a draftee is an invalid of Group I or II, or during pregnancy of the wife and until a child becomes 3 years of age; 10) when a draftee must take care of the grandparents with working incapacity, because there are no other adult family members who must support them; 11) when by decision of the municipal council a draftee is appointed a guardian (custodian) - until the expiry of the time period of guardianship (custody); 6

7 12) when a draftee has and supports in his family two or more children or solely raises a child; 13) when a draftee is the only working man in the farmer's family; 14) because of other particularly important circumstances which are not indicated in this Law, due to which draftee's single family members or the members with working incapacity who are left without his support, would find themselves in a difficult situation - only with permission of the Minister of National Defence. 2. In those cases when there are more draftees during conscription than may be conscripted in accordance with a set number of service places, initial mandatory military service shall be deferred if there are the following additional circumstances: 1) when a draftee has and supports in his family one or more children; 2) when a draftee is married and he or his spouse has received a loan which is granted in a prescribed manner to young families to build (purchase) an apartment or house; 3) when a period of deferment of service for a draftee has expired, he is at least 22 ears of age and for not less than 2 years has an established personal enterprise from which he receives income and pays taxes; 4) when a draftee is a student of correspondence courses of a university or college - until he reaches 24 years of age. 3. In those cases when deferring initial mandatory military service by applying additional circumstances established in paragraph 2 of this Article, there are less draftees left during conscription than it is due according to a set number of service places, additional circumstances of deferment of initial mandatory military service shall apply in the following order: from subparagraph 1 to subparagraph 4 of paragraph 2 of this Article. 4. In those cases when upon deferment of initial mandatory military service in accordance with additional circumstances of deferment of initial mandatory military service, as established in paragraph 2 of this Article, there are more draftees left during conscription than it is due according to a set number of service places, draftees shall be conscripted to initial mandatory military service selecting them by a method of random selection. The procedure of a method of random selection of draftees shall be established by the Minister of National Defence. 5. Citizens for whom initial mandatory military service is deferred because of the reasons laid down in subparagraphs 6-14 of paragraph 1 and subparagraphs 1-4 of paragraph 2 of this Article, and the reason of deferment has not disappeared during 3 7

8 years, shall be called up for mandatory military training. During the period of deferment of initial mandatory military service mandatory military training may be completed also by those citizens for whom initial mandatory military service has been deferred because of other reasons. 6. The Selective Recruitment Commissions may defer initial mandatory military service for a period of one year. If there are no changes in the circumstances specified in this Law, deferment of conscription shall be each time further extended for a period not exceeding one year. Article 10. Financing of Conscription Expenses related to registration of potential draftees, conscription of draftees to initial mandatory military service or alternative national defence service, training of military conscripts, checking up of their health and examination with respect to their fitting for mandatory military service, shall be financed from the allotments to implement national defence functions, appropriated for the said purposes. THIRD SECTION SELECTIVE SERVICE COMMISSIONS Article 11. Selective Service Commissions 1. The following commissions shall be set up to call up military conscripts, to defer service, to exempt from service and to check up draftees: 1) Selective Recruitment Commissions; 2) Medical Commissions for Draftees; 3) Chief Selective Recruitment Commission; 4) Medical Commission. 2. Doctors who in a manner prescribed by legal acts, have the right to carry out military medical examination, must be included in medical examination commissions. Article 12. Selective Recruitment Commission and Medical Commissions for Draftees 1. Selective Recruitment Commissions and Medical Commissions for Draftees shall be set up and approved by a municipal mayor. Selective Recruitment Commissions 8

9 and Medical Commissions for Draftees which are formed from staff employees of the national defence system, shall be approved by the Minister of National Defence. 2. Expenses related to the work of territorial Medical Commissions for Draftees, which are set up by a municipal mayor, shall be covered from the allotments to implement national defence functions, appropriated for the said purposes. Territorial Medical Commissions for Draftees, approved by a municipal mayor, shall be formed by concluding fixed-term employment contracts with members of commissions and members of auxiliary medical staff necessary for such commissions. 3. Selective Recruitment Commissions and Medical Commissions for Draftees shall be set up for one calendar year. 4. Selective Recruitment Commissions shall organise and carry out conscription of draftees. 5. A Selective Recruitment Commission approved by a municipal mayor shall consist of: 1) chairman - a person authorised by a municipal mayor; 2) deputy chairman - head or deputy head of a local territorial military institution; 3) members - representatives of the police and municipal guardianship and custody institutions and chairman of the Medical Commission for Draftees; 4) secretary. 6. A Selective Recruitment Commission shall: 1) draw up a schedule of conscription of draftees; 2) check documents of draftees and establish whether draftees fit for initial mandatory military service; 3) assign a draftee to a unit, inform him about a place of service and time of departure to the place of service; 4) accept requests of draftees who because of their religious or pacifistic beliefs cannot serve under arms, to fulfil alternative national defence service and, in compliance a decision of a special commission established in Article 20 of this Law, assign to fulfil such service; 5) exempt draftees from initial mandatory military service in the cases specified in Article 8 of this Law; 6) defer initial mandatory military service for draftees in the cases and the procedure established in Article 9 of this Law. 9

10 7. Meetings of a Selective Recruitment Commission shall be convened by its chairman. Commission decisions shall be adopted by a majority vote, when at least twothirds of the Commission members attend the meeting. Minutes shall be taken at the Commission meetings. The minutes shall be signed by all Commission members which attended the meeting. 8. Decisions of a Selective Recruitment Commission may be appealed against to the Chief Selective Recruitment Commission within 10 days of the delivery of the decision to a military conscript. 9. A Medical Commission for Draftees shall consist of chairman (doctor), members (doctors of various specialities) and secretary. The Minister of National Defence and the Minister of Health Care shall approve the composition of the Commission in accordance with specialities of doctors and auxiliary medical personnel necessary for Commission's work. 10. A Medical Commission for Draftees shall act in compliance with the Regulations of the Medical Commission approved by the Government, and must: 1) carry out medical examination and establish if a military conscript fits for initial mandatory military service according to his health condition; 2) when necessary, send draftees to public or budget health care institutions of secondary or tertiary level of the Lithuanian national health system for additional examination. 11. Commission chairman shall be responsible for the work of a Medical Commission for Draftees, and each Commission member shall be responsible in a manner prescribed by the law for his own expert examination conclusions. Article 13. Chief Selective Recruitment Commission 1. A standing Chief Selective Recruitment Commission shall be set up under the Ministry of National Defence. 2. The Chief Selective Recruitment Commission shall consist of: 1) chairman - head of the Board or Department, responsible for military conscription, of the Defence Staff of the Armed Forces of the Republic of Lithuania; 2) deputy chairman - head or deputy head of the Military Medical Service of the Lithuanian Armed Forces; 3) members - representatives of the Ministry of the Interior, the Ministry of Social Security and Labour, the Ministry of Health Care. 10

11 3. The Chief Selective Recruitment Commission shall be approved by the Minister of National Defence, in consultation with the Ministry of the Interior, the Ministry of Social Security and Labour, and the Ministry of Health Care. 4. The Chief Selective Recruitment Commission: 1) shall consider complaints of draftees concerning decisions of Selective Recruitment Commissions. A complaint must be considered within 7 days of the receipt of it, and if special investigation is necessary - within a month; 2) shall check the work of Selective Recruitment Commissions; 3) shall change unlawfully adopted decisions of Selective Recruitment Commissions; 4) upon establishment of misuse of authority by a Selective Recruitment Commission, may propose to change the composition of such commission. 5. Meetings of the Chief Selective Recruitment Commission shall be convened by its chairman. A meeting shall be considered lawful if Commission chairman and not less than 2 members attend it. Decisions shall be adopted by a majority vote. In the event of a tie vote, the chairman shall have the casting vote. 6. A military conscript may appeal against a decision of the Chief Selective Recruitment Commission to the Minister of National Defence within 10 days of the receipt of the decision, and a decision of the Minister of National Defence - to the district court within 10 days of the receipt of the decision. Article 14. The Medical Commission 1. The Medical Commission shall consist of the doctors who have the right to carry out military medical examination in a manner prescribed by the law. The composition of the Commission shall be approved by the Commander of the Armed Forces on the recommendation of the head of the Military Medical Service of the Lithuanian Armed Forces. 2. Along with other functions laid down in the Regulations of the Military Medical Examination of the Republic of Lithuania, the Medical Commission shall: 1) carry out medical examination of military conscripts who are being exempted from military conscription and present conclusions regarding the decision adopted by the Medical Commission for Draftees; 2) have the right to send military conscripts for additional medical examination to public or budget health care institutions of secondary or tertiary level of the Lithuanian 11

12 national health system and to request from the said organisations to furnish necessary documents. FOURTH SECTION MILITARY REGISTRATION Article 15. Military Registration 1. A local territorial military institution shall conduct military registration. 2. The following citizens of the Republic of Lithuania (males) must be enrolled in the military record: 1) upon becoming 16 years of age - within 2 months; 2) upon having completed initial mandatory military service or alternative national defence service - within 10 days from the day of completion of the service. 3. Citizens of the Republic of Lithuania (females) who have acquired high or college education of medical or other specialisation determined by the Government, must be enrolled in the military record within 2 months of the graduation from an educational institution. 4. A person from 19 to 45 years of age who live in Lithuania and have acquired the citizenship of the Republic of Lithuania, must, within a month from coming into force of a decree of the President of the Republic on the granting of the citizenship of the Republic of Lithuania, check up his health and be enrolled in the military record at a local territorial military office. 5. Citizens of the Republic of Lithuania who are recognised as invalids, shall not be enrolled in the military record or shall be stricken off it. 6. Upon registering in the military record, military conscripts must present a certificate of a draftee or a serviceman. 7. Military conscripts shall within 15 days submit to a local territorial military institution the following information about: 1) change of a name or surname; 2) graduation from an educational institution; 3) departure from a permanent place of residence for a period exceeding 6 months or arrival at a new place of residence for a period exceeding 6 months; 4) change of a place of employment; 12

13 5) change of marital status (marriage, family enlargement or death a family member, divorce). 8. Military conscripts must present information on changes of health condition within 2 months from the establishment of invalidism or falling ill (injury). 9. Reserve military conscripts who reside in foreign countries permanently or temporarily (for a period exceeding 6 months), must be enrolled in the military record at diplomatic missions (consulates) of the Republic of Lithuania. CHAPTER II (1 ) REORGANISATION OF MILITARY CONSCRIPTION ADMINISTRATION FIRST SECTION MILITARY CONSCRIPTION ADMINISTRATION Article 15 (1 ). Reorganisation of Military Conscription Administration 1. Military conscription administration related to conscription into initial mandatory military service, regulated in Chapters I-II of this Law, shall be reorganised. 2. Military conscription administration shall be reorganised gradually, introducing a reorganised system of administration in individual regions, subject to establishment of conscription centres there. 3. The Minister of National Defence shall, by issuing an order, adopt a decision to start applying in the region military conscription administration in a manner prescribed in this Chapter. 4. In the territories of the regions in which military conscription administration is not reorganised, military conscripts shall be called up to mandatory military service in a manner prescribed by this Law, without applying the provisions of Chapter II (1). Article 15 (2). Entities of Military Conscription Administration 1. Military conscription shall be directly administrated by: 1) local authority institutions; 2) Military Conscription Administration Service under the Ministry of National Defence (hereinafter referred to as the Administration Service). 2. Other state institutions, enterprises of all types and forms of ownership, organisations and agencies shall carry out functions assigned to them by laws, which are 13

14 related to reorganisation of military conscription. Article 15 (3 ). Stages of Military Conscription Administration 1. Stages of military conscription administration shall be as follows: 1) local authority institutions; 2) regional military conscription centres which cover one or more counties. 2. Local authorities shall select and send preliminary selected draftees to regional military conscription centres and shall be responsible for this. 3. Regional military conscription centres of the Administration Service shall appoint draftees to mandatory military service, and shall be responsible for this. SECOND SECTION MILITARY CONSCRIPTION ADMINISTRATION IN THE FIRST STAGE Article 15 (4). Military Conscription Administration in a Municipality 1. A local authority institution shall keep records of potential draftees and draftees residing in an appropriate municipal territory, organise prophylactic check ups of their health in accordance with the procedure and to the extent established by laws and other legal acts regulating individual's health care, select and send selected draftees to regional military conscription centres, and organise search of persons who avoid being enrolled in the military record, checking up their health or mandatory military service, as well as initiate administrative and criminal proceedings against the said persons. 2. Functions provided for in paragraph 1 of this Article, related to military conscription administration, except those assigned to the local authority commission for selection of military conscripts (hereinafter referred to as the local authority selection commission), shall be carried out by an employee who is appointed by a local authority to organise conscription and has necessary powers (hereinafter referred to as a local authority administration employee). His job description which meet the requirements of modal job description, shall be approved by a local authority administrator who appoints and dismisses a local authority administration employee. Article 15 (5 ). Local Authority Administration Employee 1. A local authority administration employee shall: 14

15 1) keep records of potential draftees and draftees residing in the appropriate municipal territory, organise prophylactic check ups of their health; 2) organise search of persons who avoid being enrolled in the military record, checking up their health or mandatory military service, as well as initiate administrative or criminal proceedings against the said persons; 3) furnish information to a territorial division of the Administration Service; 4) prepare material for meetings of the Selection Commission; 5) summon draftees to meetings of the Selection Commission; 6) control how enterprises of all types and forms of ownership, agencies and organisations implement the Law of the Republic of Lithuania on National Conscription; 7) carry out legal education of the population on the issues of military conscription. 2. When performing his tasks and functions, a local authority administration employee shall co-operate with employees of a territorial division of the Administration Service. Article 15 (6 ). Local Authority Selection Commission 1. Upon proposal of a municipal mayor, the municipal council shall approve a local authority selection commission and its work regulations. A local authority selection commission shall consist of not more than 7 persons: a municipal doctor, representatives of guardianship and custody, police and the Administration Service. A local authority council member or a local authority administration employee shall be approved as commission chairman. 2. If a local authority council member is approved as local authority selection commission chairman, it shall be proposed to approve a local authority administration employee as a deputy chairman of the commission. 3. The Administration Service shall delegate its officer to a local authority selection commission. It shall be proposed to approve him as a deputy chairman of the commission. 4. The local authority selection commission shall be approved for the term of office of a local authority. After elections to local authorities it shall execute its powers until a newly elected local authority council approves a new commission. 15

16 5. Modal work regulations of a local authority selection commission and modal regulations of a local authority administration employee shall be approved by the Government or an institution authorised by it. 6. A local authority selection commission shall: 1) carry out initial selection of draftees - verify their personal documents, documents related to military registration, social status, individual's health condition (extract from an out-patient card) and other documents, and, according to them, preliminary establish their fitting for mandatory military service; 2) in cases provided for in this Law and according to the procedure established by regulations, adopt decisions to exempt military conscripts from mandatory military service; 3) invoking the conditions and procedure established by this Law, defer initial mandatory military service for military conscripts; 4) send preliminarily selected draftees to regional military conscription centres. 7. Material and documents necessary for meetings of a local authority selection commission shall be prepared by a local authority administration employee and a territorial division of the Administration Service. 8. An officer delegated by the Administration Council to local authority selection commission shall have the right to request that, if there grounds, decisions of the local authority selection commission on the issues of military conscription would be reconsidered by the Supervision Commission at the Administration Service (hereinafter referred to as the Supervision Commission). Article 15 (7 ). Supervision Commission 1. The Supervision Commission shall, upon written requests of draftees, consider validity of decisions of local authority selection commissions concerning their conscription, exemption from mandatory military service or its deferment, and, if there are grounds, amend those decisions. Such decision of the Supervision Commission shall come into force when it is approved by the head of the Administration Service. The decision of the Selection Commission may be appealed against to the Minister of National Defence not later than within 10 working days of the receipt of such decision. A decision of the Minister of National Defence may within 20 days be appealed against to the court. 2. The Minister of National Defence shall approve the composition of the Selection Commission and its working regulations. 16

17 Article 15 (8 ). A Territorial Division of the Administration Service A territorial division of the Administration Service shall: 1) keep military registration of military conscripts; 2) keep personal files of military conscripts; 3) submit personal files of military conscripts, requests and documents necessary for the consideration thereof to a local authority selection commission; 4) organise going of selected military conscripts to a regional military conscription centre or to an appointed place of service; 5) perform other functions established by legal acts. THIRD SECTION ADMINISTRATION OF CONSCRIPTION IN THE SECOND STAGE Article 15 (9 ). Administration Service 1. The founder of the Administration Commission shall be the Ministry of National Defence. 2. Regulations of the Administration Service shall be approved, the structure and job positions shall be fixed, and the head shall be appointed and dismissed by the Minister of National Defence. 3. Head of the Administration Service, to the position of which only an employee of the civil national defence service may be appointed, shall be directly subordinate to the Minister of National Defence. 4. The Administration Service must have regional military conscription centres, the Supervision Commission, territorial divisions in municipal territories and other subdivisions. Article 15 (10 ). Main Tasks of the Administration Service Main tasks of the Administration Service shall be as follows: 1) to implement in the Republic of Lithuania the State policy of military conscription organisation and administration, to co-ordinate, methodically direct and supervise activities of state and local authority institutions in ensuring the implementation of the Law on National Conscription; 17

18 2) according to a general system to keep military registration and databases of military conscripts of initial mandatory military service; 3) taking into consideration the allocated funds and needs of the armed forces, to draw up plans of conscription of military conscripts into mandatory military service; 4) to organise examination of health of draftees selected by local authority selection commissions in the first stage, to establish whether they fit for military service; 5) to appoint those draftees who fit for military service to military service and send to a place of service; 6) to keep records of reserve military conscripts; 7) to keep active army reserve and personnel mobilisation reserve registration and databases; 8) to establish the procedure of carrying-out military registration of military conscripts; 9) to consider requests submitted in writing by citizens pertaining to the issues of military conscription; 10) to carry out other tasks and functions provided for in its regulations. Article 15 (11 ). Regional Military Conscription Centres 1. Military conscription administration in an appropriate region shall be conducted by regional military conscription centres of the Administration Service. Territory of activities of regional military conscription centres shall be established by the Minister of National Defence 2. Regional military conscription centres shall: 1) accept draftees preliminarily selected and sent by local authority selection commissions and appoint them to mandatory military service; 2) check up draftees' health, when it is necessary to examine additionally, send them to a military medical examination commission or to a public health care institution; 3) establish fitting of draftees for military service, a type of armed forces according to general and special requirements; 4) in accordance with armed forces needs, appoint draftees to units and organise their arrival at a place of service; 5) compile and manage a computer database of military registration of military conscripts, active reserve servicemen and personnel mobilisation reserve of an appropriate region. 18

19 3. Check ups of draftees' health in regional military conscription centres shall be carried out by doctors of military medical service appointed in a manner prescribed by the Minister of National Defence. The procedure of checking up of draftees' health must be co-ordinated with the Ministry of Health Care. The procedure of checking up draftees' health shall be approved by the Government or an institution authorised by it. Article 15 (12). Support of Draftees 1. Draftees shall be paid a daily allowance equal to 0.1 subsistence level for the days of examining their fitting for military service at regional military conscription centres. 2. Expenses of draftees related to trips from a place of residence to a regional military conscription centre and back or to a place of service shall be covered in accordance with presented tickets of passenger transport (except taxi), in the event of failure to present such tickets - in accordance with maximum tariff rates for travel by bus and (or) train, approved in a prescribed manner. Travel expenses shall not be covered when a military conscript is transported by a means of transportation of the Administration Service or when he refuses such means of transportation. 3. During the days of examining their fitting for military service, draftees shall be provided with meals in accordance with the physiological norms established by the Government or an institution authorised by it or they shall be paid monetary compensation for meal-related expenses, established by the Government; when necessary, they shall be put up for the night. 4. Support specified in this Article shall not be provided for a draftee if such draftee fails through his own fault to meet the requirements established by a local authority commission or the Administration Service and as a result of this, his fitting for military service could not be examined at a regional military conscription centre. 5. Payments specified in this Article shall be paid from budget funds appropriated to the Ministry of National Defence for that purpose in a manner prescribed by the Minister of National Defence. CHAPTER III SERVICE FIRST SECTION 19

20 INITIAL MANDATORY MILITARY SERVICE Article 16. A place of Service 1. Initial mandatory military service servicemen shall fulfil a service within the system of the national defence of the Republic of Lithuania, and upon decision of the Seimas - at other institutions of the Republic of Lithuania. 2. In the cases established by the Law of the Republic of Lithuania on Participation of Units of the Armed Forces in International Operations and Exercises as well as Carrying out International Exercises in the Territory of Lithuania, service may be completed in military units designated for participation in international operations. Article 17. Duration of Service 1. Citizens of the Republic of Lithuania who are from 19 to 26 years of age, may be conscripted into initial mandatory military service. Citizens who have written a request to a Selective Recruitment Commission or regional military conscription centre, may start service at the age of 18, and upon consent of the Minister of National Defence, at the age of 27, except for the cases laid down in paragraphs 1 and 2 of Article 8 of this Law. 2. Initial mandatory military service shall last 12 months. 3. The following time periods shall not be included in service time, if a initial mandatory military service serviceman: 1) has voluntarily left a unit; 2) has failed to return from a business trip or holidays without a valid reason; 3) has been put in a lockup. 4. If circumstances specified in subparagraphs 6-14 of paragraph 1 of Article 9 of this Law appear, a initial mandatory military service serviceman who has served less than half of the time indicated in this Law, shall be released from service until the said circumstances are changed. Article 18. Release from Service 1. A initial mandatory military service serviceman shall be released from service into reserve: 1) upon having served a time period set by this Law; 2) if a circumstance specified in subparagraph 1 of paragraph 1 of Article 8 of this Law appears; 20

21 3) upon having served at least half of the time period set in this Law, if circumstances laid down in subparagraphs 6-14 of paragraph 1 of Article 9 appear. 2. A initial mandatory military service serviceman shall be released from service: 1) if he loses the citizenship of the Republic of Lithuania; 2) when a court judgement becomes valid by which the serviceman is convicted for a serious crime, or a punishment is imposed on him because of which he cannot continue service; 3) when he has committed violations of law which bring dishonour to the service and that is incompatible with his status as a serviceman - only by decision of the army commander. 3. Persons released from service because of the circumstances indicated in subparagraph 1 of paragraph 2 of this Article shall not be entered into active or individual reserve register. The persons who are released from service because of the circumstances specified in subparagraphs 2 and 3 of paragraph 2 of this Article may not be entered into the active reserve register. A decision not to enter a serviceman into the register shall be adopted by order of the commander (military official) who releases the serviceman to reserve. Article 19. Obligatory Military Training 1. Obligatory military training shall be assigned to military conscripts from the age of 19 to 35: 1) in the cases provided for in paragraph 5 of Article 9 of this Law; 2) who have completed initial mandatory military service for other reasons; 3) who begin working or have begun working in the police - by engaging in the training in the armed forces or within the system of internal affairs during their service in the police; 4) who have been released from initial mandatory military service in which they have started, upon having served less than 6 months, when during their service the circumstances provided for in subparagraphs 6-14 of paragraph 1 of Article 9 of this Law appear. In such case the duration of obligatory military training shall be set taking into consideration the part uncompleted service. 2. Obligatory military training shall be assigned to military conscripts from 18 years of age, who have finished the training course of a young rifleman. 21

22 3. Obligatory military training shall be carried out in territorial units of the armed forces or local territorial national defence or other educational institutions in which obligatory military training is organised. Obligatory military training for persons who serve in the police may be organised within the system of internal affairs in a manner coordinated with the commander of the armed forces. 4. Obligatory military training shall last from 60 to 150 days within 3 years, but not less than 20 days per year. 5. Obligatory military training shall be carried out in accordance to the programmes approved by the commander of the armed forces. 6. Persons shall be sent to obligatory military training by a Selective Recruitment Commission. The beginning and end of training shall be established by the commander of the armed forces. 7. During obligatory military training social guarantees established for servicemen of initial mandatory military service shall apply to military conscripts, they shall be provided with meals and supplied with clothes of an established standard. They shall be also paid payments to cover everyday expenses established for servicemen of initial mandatory military service from State budget funds appropriated to the Ministry of National Defence and the Ministry of the Interior, taking into consideration in the institutions of which system they perform obligatory military training. Such social guarantees, supply provisions and payments shall, in the same order, apply to military conscripts who are fulfilling their service in the manner prescribed by subparagraph 1 of paragraph 3 of Article 8 of this Law. SECOND SECTION ALTERNATIVE NATIONAL DEFENCE SERVICE Article 20. Procedure of Choosing Alternative National Defence Service 1. Military conscripts who wish to complete alternative national defence service shall, according to their place of residence, apply in writing to a Selective Recruitment Commission or regional military conscription centre. A request must be reasonably grounded. 2. A special commission consisting of representatives of public organisations, religious communities, educational institutions shall consider requests of military conscripts concerning completion of alternative service and adopt a decision thereon. 22

23 Procedure of setting up the commission and its work shall be established by the Government or an institution authorised by it. 3. The Minister of National Defence shall approve a place of completion of alternative national defence service and a date of its beginning. Article 21. Exemption from Alternative National Defence Service Those citizens of the Republic of Lithuania who according to their health condition do not it for initial mandatory military service shall be exempted from alternative national defence service. Article 22. Place of completion of Alternative National Defence Service 1. Citizens shall complete alternative national defence service within the national defence system of the Republic of Lithuania. They shall be appointed to serve in positions which do not require to use coercion and weapon. National defence service and disciplinary statutes, physical training and other requirements established for servicemen who are not related to the use of weapons, special means or forced use of physical power, as well as restrictions established for serviceman's service shall apply to citizens completing alternative national defence service. 2. By decision of the Government, alternative national defence service as civil-type socially useful labour, may be completed in other state institutions. In this case, the procedure of its completion and material supply of conscripts shall be established by the Government. Article 23. Duration of Alternative National Defence Service 1. Citizens from 19 to 26 years of age shall be conscripted into alternative national defence service. 2. Alternative national defence service shall last 18 months. Article 24. Material Support Citizens who are completing alternative national defence service within the system of national defence of the Republic of Lithuania, shall be supplied with meals, clothing, living space and other during the service in the same manner as servicemen of initial mandatory military service. 23

24 THIRD SECTION RESERVE SERVICE Article 25. Readiness of Reserve Military Conscripts 1. Reserve military conscripts: soldiers, seamen, sergeants, non-commissioned officers - who according to their health condition fit for active military service, from 19 to 35 years of age including shall be entered into a reserve group of primary readiness, from 36 to 45 years of age including, as well as reserve military conscripts from 19 to 45 years of age - into a reserve group of secondary readiness. 2. Reserve military conscripts who are recognised by Medical Commissions for Draftees unfit for active military service according to their health condition or who have completed alternative national defence service, shall be entered into a reserve group of tertiary readiness. A reserve group of tertiary readiness shall be trained according to a separate programme. 3. Junior reserve officers up to 45 years of age shall be entered into a reserve group of primary readiness, and junior reserve officers up to 55 years of age shall be entered into a reserve group of secondary readiness. Senior reserve officers up to 50 years shall be entered into a reserve group of primary readiness, and senior reserve officers up to 60 years of age shall be entered into a reserve group of secondary readiness. 4. Reserve military conscripts who have lost the citizenship of the Republic of Lithuania, shall be stricken off the active and (or) individual reserve records. Persons who have committed serious crimes may be also stricken off the active reserve records. Article 26. Procedure of Readiness of Reserve Military Conscripts 1. Reserve military conscripts entered into a reserve group of primary readiness shall be called up to training and exercises: 1) upon having completed 12-month initial mandatory military service and in other ways established by this Law - 14 calendar days each year during the period of 6 years; 2) privates who have completed up to 3-month basic serviceman's training course - 14 calendar days and 3 weekends each year during the period of 12 years; 3) officers and non-commissioned officers who have completed up to 6-month service in separate training military units according to leadership training programmes, as well as who have completed Leadership Courses during their studies at colleges or 24