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Frequently Asked Questions 9

State-guaranteed legal aid includes primary legal aid, secondary legal aid and out-of-court mediation provided in accordance with the Law on State-guaranteed Legal Aid of the Republic of Lithuania.

The primary legal aid – provision of legal information, legal advice and drafting of the documents intended for state and municipal institutions as well as drafting certain procedural documents.

The secondary legal aid – assistance by an advocate for drafting of procedural documents, defence and representation in court, including the process of enforcement, representation in the event of preliminary out-of-court dispute settlement, if it is required by the law or ordered by the court. Secondary legal aid also covers the reimbursement of the costs the proceedings.

The out-of-court mediation – a procedure for the settlement of civil disputes when one or several mediators assist the parties to the dispute in their efforts to reach an amicable settlement of the dispute.

The primary legal aid – provision of legal information, legal advice and drafting of the documents intended for state and municipal institutions as well as drafting certain procedural documents. However, it does not cover completing of the returns submitted to a tax administrator. 

The primary legal aid is available for every legal resident of the Republic of Lithuania, other Member States of the European Union and other persons listed in international treaties of the Republic of Lithuania and directly applicable legal acts of the European Union.

The primary legal aid is organised and provided by the municipalities.

The secondary legal aid – assistance by an advocate for drafting of procedural documents, defence and representation in court, including the process of enforcement, representation in the event of preliminary out-of-court dispute settlement, if it is required by the law or ordered by the court. Secondary legal aid also covers the reimbursement of the costs the proceedings.

A person wishing to receive secondary legal aid needs to submit to the State-Guaranteed Legal Aid Service an application for secondary legal aid, documents substantiating his claim, documents attesting to his eligibility for secondary legal aid.

In criminal cases, when the participation of an advocate is mandatory, secondary legal aid is provided by a decision of a pre-trial investigation officer, a prosecutor or a judge. It these cases a person is not required to apply to the State-Guaranteed Legal Aid Service.

The secondary legal aid is available for the residents of the Republic of Lithuania, other Member States of the European Union and other persons listed in international treaties of the Republic of Lithuania and directly applicable legal acts of the European Union whose personal/family assets and annual personal income do not exceed the asset and income level for secondary legal aid or who have a right to the secondary legal aid regardless of income and asset evaluation.

More information is available here: https://vgtpt.lrv.lt/en/

Bailiff shall be authorised to provide the following services, listed under the Law on Bailiffs of the Republic of Lithuania:
•    to keep/administer property during the process of execution;
•    to establish the facts; 
•    to submit and  serve written documents on natural and legal persons in the Republic of Lithuania without court order;
•    to provide legal advice, except for representation before a court, and except for representation before third parties;
•    to sell pledged movable property by auction;
•    to mediate in the performance of property obligations;
•    offer receivership services.
Any natural person and legal entity can apply to any acting bailiff seeking a service. The rate of remuneration for the service depends on an agreement between the applicant and the bailiff.
Unlike when executing enforceable documents (such as decisions, court-approved settlement agreements, notarized enforceable records, etc.), the bailiff may not impose any enforcement measures on individuals.

Article 5.50(2) of the Civil Code of the Republic of Lithuania provides three options for acceptance of succession, i.e. a successor shall be deemed to have accepted succession when he actually starts possessing the estate, has applied to the district court of the place of the opening of succession for the inventory of the estate, or when the successor files an application on the acceptance of succession with the notary public of the place of the opening of succession.
In the first option, a successor is considered to have accepted succession if he has started managing the estate of the deceased, taking care of the same (using, supervising it, paying taxes, etc.). Please note acceptance of succession based on the inventory. The successor who has accepted the inheritance in the said manner is only liable for the debts of the deceased by the estate he has inherited. Otherwise, the successor shall be liable in all his property. In this manner, when several successors accept the inheritance, they will all be jointly and severally liable for the debts of the deceased in all their property; consequently, successors are required to look into the property, economic rights and duties of the bequeather.   
Another option is when the successor files an application on the acceptance of succession with the notary public of the place of the opening of succession. This is the most common method of acceptance of succession. Please note, however, that succession cannot be accepted partially, or subject to conditions or reservations. 
The law sets out a three-month time-limit for acceptance of succession since the opening of succession.  The time of the opening of succession shall be considered the moment of death of the bequeather, and in the event where he is declared deceased, the day when the judgement of the court on the declaring of the bequeather to be deceased becomes res judicata, or the day of death indicated in the court judgement (Article 5.3(1) of the Civil Code of the Republic of Lithuania).

The laws provide that succession shall be accepted and succession file shall be opened with a notary  based in the place of the opening of succession. The place of the opening of succession shall be considered the last place of domicile of the bequeather (Article 5.4(1) of the Civil Code of the Republic of Lithuania).
Please note that in accordance with clause 4.9 of the methodology for assessing the needs of legal services provided by notaries to residents, as approved by the order of the Minister of Justice of the Republic of Lithuania dated 28 December 2006 No. 1R-481, the president of the Chamber of Notaries or an acting vice-president may decide, at the request of the party concerned, to transfer the property inheritance proceedings to another notary, disregarding the territory of the activity of the notary / notaries established by the Minister of Justice for the matters of succession of property.
Please note that decisions to entrust or transfer the succession proceedings to another notary (depending on the opening of the inheritance proceedings) shall only be taken in exceptional circumstances.
Exceptions shall include instances below:
•    cases where the notary, who has been assigned to handle the succession proceedings based in the territory established by the Minister of Justice, and the successor are related;
•    conflict situations between the successor and the notary, who was assigned to handle the inheritance proceedings based in the territory established by the Minister of Justice;
•    other cases treated as exceptions by the president or vice-president of the Lithuanian Chamber of Notaries.

Political parties are established in compliance with the Law on Political Parties. For more details on establishment and registration of political parties, see: http://tm.lrv.lt/lt/veiklos-sritys-1/politiniu-partiju-steigimas-ir-registravimas

Political parties shall submit the membership lists to the Ministry of Justice electronically, using the information system for the membership lists of political parties on a yearly basis, from 1 January to 1 March, and from 1 August to 1 October (all dates inclusive).

Decisions delivered by Lithuanian courts (concerning debt, maintenance or parental responsibilities) do not automatically acquire legal force abroad, and cannot therefore automatically be enforced in the territory of a foreign state. In order for the decision of the Lithuanian court to be enforced in a foreign country (where the defendant has a place of residence, generates income or owns property), one of the procedures below is required:
Recognition and permission of enforcement of a decision of a Lithuanian court in the territory of a foreign country; or
submission of a decision of a Lithuanian court to another state for enforcement (if there are appropriate conditions for doing so).
Note: some judicial decisions do not require a recognition procedure for enforcement in another Member State of the European Union.
Procedures for the recognition or enforcement of decisions are enshrined in:
legislation of the European Union;
international multilateral treaties / conventions;
international bilateral treaties;
national laws governing international civil proceedings.
Please note: mediation of the Lithuanian authorities when filing requests to foreign countries for recognition and enforcement of decisions takes place only based on bilateral agreements, the Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, and the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance). In any other cases, the parties seeking enforcement of the decision shall be required to submit the application for recognition and enforcement of the decision, along with the relevant documents, to the competent authorities of the foreign states dealing with these requests (these authorities usually are the courts) directly. For more details on the recognition and enforcement of decisions in the European Union, and competent authorities the enforcement documents should be submitted to can be found in the European e-Justice Portal at: https://e-justice.europa.eu.
In some cases, when seeking recognition and enforcement of decisions in a foreign country, it may be appropriate to use the services of practising lawyers. If your funds are limited, you may seek free legal assistance abroad.