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The amendments to the Law on the memorial status of Lukiškės Square in Vilnius return to the Seimas with some changes, because taking into account the conclusions of the Legal Department of the Seimas Chancellery, they were improved by the Seimas Culture Committee.
According to the improved version of the amendments to the law, “Lukiškės square (a parcel of state land) in Vilnius is managed and used free of charge by the budgetary institution Lithuanian Research Center on Genocide and Resistance.”
It is proposed that the amendments to the law come into force in 2021. January 1 The project foresees that the Research Center on Genocide and Resistance of Lithuania, the Government and other responsible institutions by 2020. December 31, adopt legislation implementing this law.
The previous version of the amendments to the law provided that “Lukiškės Square in Vilnius is managed and used free of charge by the budgetary institution Research Center on Genocide and Resistance of Lithuania”.
According to the Seimas Legal Department, if the purpose is to determine that the state land parcel containing Lukiškės square should be managed and used by the budgetary institution Lithuanian Population Genocide and Resistance Center, the project provision should be clarified.
“Otherwise, it is not clear whether the arrangement” Lukiškių Square “would also cover the state ground mentioned above. At the same time, it should be noted that the functions of the Lithuanian Research Center on Genocide and Resistance are regulated by the Law of the Research Center on Genocide and Resistance of Lithuania and that the Center, like most state budgetary institutions, is not characterized by economic functions such as the management and maintenance of the site – says in the conclusion of the Legal Department of the Chancellery of the Seimas.
It is not clear to Seimas lawyers from the proposed statutory regulation what specific state functions a parcel of state land would require for the Lithuanian Research Center on Genocide and Resistance.
In the opinion of the Seimas Legal Department, if the law imposes a mandatory provision that this budgetary institution administer Lukiškės Square (a parcel of state land) with the right of use, and the latter institution could not terminate the loan relationship without modifying the law.
The Land Law stipulates that in the event that the transferred land is not used in accordance with the conditions specified in the loan contract or the borrower ceases to fulfill the functions for which the state land was transferred, the misuse is considered to be the land transferred for free use. the lender must terminate the loan agreement before maturity. In light of the above, it must be considered whether the draft should not stipulate that the relevant state land be transferred to said budgetary institution for its free management and use through a state land lease agreement. In another case, harmonizing the provisions of the project with the legal regulation established in the Land Law – the project should regulate the procedure for changing the borrower in case the budgetary institution Lithuanian Center for Research on Genocide and Resistance uses the plot of land for free or do not use it at all. “In conclusion of the Legal Department.
Notes that according to the legal regulation proposed by the project, the budgetary institution Lithuanian Research Center on Genocide and Resistance should start managing Lukiškės square (a state land parcel) with the right of use and use it from the day the law comes into force.
“If the valid lease of the state land, where Lukiškės square is located, is not terminated before the entry into force of the law, after the entry into force of the law, the same state land would be administered simultaneously by two entities.
Therefore, the state land lease agreement in force before the entry into force of the law must be terminated. At the same time, it must be assessed whether there is a legal basis to terminate such a contract. In view of this, it should be considered whether the bill should not be supplemented by a separate article, the latter setting a specific date of entry into force of the law. The state parcel loan contract valid up to this date must be terminated according to the procedure established by law, and a new loan contract is concluded with the budgetary institution Lithuanian Center for Studies on Genocide and Resistance ”, the lawyers believe of the Seimas.
Since the project proposes to regulate the alienation of state property (a parcel of state land with Lukiškės square), in the opinion of the lawyers of the Seimas, a conclusion should be obtained from the Government regarding the project presented.
ELTA recalls that on September 24 After the presentation, the parliamentarians “blessed” the amendments to the Law on the memorial status of Lukiškės Square in Vilnius, which will guarantee the transfer of Lukiškės square to the Research Center on Genocide and Lithuanian resistance.
For this project, presented by the Seimas member prof. Arūnas Gumuliauskas, after the presentation, 53 deputies voted, 15 against, 8 abstentions.
The proposal to ask the Government for an opinion on this project was not supported by the parliamentarians.
Today, the square belongs to the state and the right of use is entrusted to the municipality of Vilnius city.
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