Seimas Committee: declassification of information on diplomatic cooperation with the spectrum of the former USSR against the Constitution



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The chairperson of the Seimas Law and Order Committee, Agnė Širinskienė, intends to present such a conclusion of the committee to Seimas on Thursday before the planned vote on the approval of amendments to the Law on Registration, Confession, Enumeration and Protection of Confessed People.

“We believe that the proposed legal regulation, which would declassify and make public the information on the secret cooperation of persons exercising or applying for diplomatic tasks with the special services of the former USSR, due to which these persons have confessed to the Lithuanian state , contradicts the principle of the rule of law. ” – the Seimas committee decided after a preliminary evaluation whether the amendments to the law were in accordance with the Constitution.

According to the committee, people who had secretly cooperated with the special services of the former USSR, who had performed the duties of diplomats after the entry into force of the law and wanted to remain in the diplomatic service, or intended to join to the diplomatic service in the future, they had to confess their cooperation with Lithuania. he acquired a reasonable and legitimate expectation that his confession and the data presented would be classified and protected by the state if they did not run for the office of President of the Republic, Member of the Seimas, Member of the Municipal Council, Member of the Government, Judge and Prosecutor .

Seimas 2015 June 30 adopted a law that entered into force in 2015. July 4, 2006, established in the Law of Registration, Confession, Enumeration and Protection of Confessors of Persons Who Secretly Cooperated with the Special Services of the Former USSR: ” The information and data provided by registered, confessed and registered persons will be classified for 75 years and will be protected by law. order. “

According to the committee, with this provision, the Seimas confirmed the legitimate expectations of these people that this information that constitutes a state secret about them would not be disclosed, unless they were candidates for the positions mentioned in the law.

It follows that the inclusion in the list of posts in which the secret cooperation of a person with the special services of the former USSR is declassified and made public in the course of his candidacy could undermine the legitimate expectations of the persons they occupy. or intend to hold office, and Your legitimate interests have been adversely affected. Such a law would mean that the state does not fulfill the obligations assumed towards a person, it would undermine a person’s trust in the state and the law, thus violating the constitutional principles of protection of legitimate expectations, legal certainty and legal certainty, which are inseparable elements. of the constitutional principle, in the opinion of the Law Enforcement Committee.

Incidentally, it is also proposed to include the duties of a member of the municipal council, mayor and member of the European Parliament, in the list of posts in which information about a person’s secret cooperation with the special services of the former USSR is declassified and it becomes public.

However, in the opinion of the Committee, these proposals should be viewed differently from the proposal to add the post of diplomat to this list, since the mayor is a member of the municipal council, so these positions have always been on the list in question. “And the duties of a member of the European Parliament during the voluntary confession of people who secretly cooperated with the special services of the former USSR did not exist in Lithuania at all, therefore, the confessed people could not acquire any expectations related to these duties “said the Seimas Law and Order Committee.

Ten committee members voted unanimously in favor of this conclusion.

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