STATE GUARANTEED LEGAL AID SERVICE ADMINISTRATIVE SERVICE PROVISION DESCRIPTION 2018-01-03 No. 1 Vilnius No. Name Description content 1 Administrative service code 2 Administrative service version 3 Administrative service name 4 Administrative service description - 4 version SECONDARY STATE GUARANTEED LEGAL AID PROVISION APPROVED State guaranteed legal aid service Director /SIGNATURE/ Anželika Banevičienė 2018-01-03 The Service makes decisions to provide residents with secondary state guaranteed legal aid within the limits of its appointed powers, controls its provision, pays for the litigation costs and pays the remuneration for the providers of this aid (attorneys and their assistants). 5 Legal acts regulating the provision of administrative service Secondary state guaranteed legal aid - is the preparation of documents, defense and representation in court cases, including the execution process, representation in cases preliminary dispute resolution outside of court, if such an order is determined by laws or court decision. Additionally, this legal aid includes the compensation of litigation costs in civil court cases, litigation related to the examination of administrative cases and examination of a civil claim as a part of criminal proceedings. The decision to provide secondary legal aid is provided to the person coming to the Service as a hardback copy, sent him via mail or electronic mail. Law on the state guaranteed legal aid of the Republic of Lithuania (Žin., 2000, No.30-827; 2005, No.18-572, 2013, No. 54-2675). 27 April 2005 decision of the Government of the Republic of Lithuania No. 468 Regarding the determination of a person s assets and income levels for the receipt of secondary legal aid (Žin., 2005, No. 54-1857; 2006, No. 61-2181, TAR, 2014-12-30, No.
6 Information and documents to be provided by the person 21089). 27 April 2005 Order of the Minister of justice of the Republic of Lithuania No. 1R-124 Regarding the approval of the form for the request for secondary legal aid provision (Žin., 2005, No. 54-1860; 2008, No. 75-2987, TAR, 2015-07-07, No. 11033). 27 December 2013 Order of the Minister of justice of the Republic of Lithuania No. 1R-300 Regarding the approval of the form for the annual income and asset declaration for the receipt of secondary legal aid (TAR, 2013-12-31, No. 270, TAR, 2015-07-07, No. 11032). 28 May 2010 Order of the Minister of justice of the Republic of Lithuania No. 1R-121 Regarding the approval of the recommended form for the decision regarding the provision of secondary legal aid (Žin., 2010, No. 64-3166, TAR, 2014-02-10, No. 1351, TAR, 2015-07-07, No. 11035). 6 June 2009 Order of the Minister of justice of the Republic of Lithuania No. 1R-179 Regarding the approval of recommendations in choosing an attorney for the provision of secondary legal aid in criminal court cases " (Žin., 2009, No. 70-2869, 2012-10-27, No. 125-6291, TAR, 2014-03-27, No. 3562, TAR, 2015-01-07, No. 237). Law on Public administration of the Republic of Lithuania (Žin., 2005, No. 85-3140; 2006, No. 77-2975, 2008, No. 137-5387; 2009, No. 75-3062, Žin., 2010, No. 1-7, Žin., 2010, No. 81-4228, Žin., 2011, No. 4-125, Žin., 2013, No. 57-2860, Žin., 2013, No. 75-3781, Žin., 2013, No. 78-3936, TAR 2014-06-11, No. XII-903, TAR 2014-06-26, No. XII-935, TAR 2014-11-18, No. XII-1301, TAR 2014-11- 20, No. Xll-1317). A person should provide the following information and documents to the Service: 1) A request for the provision of state guaranteed legal aid; 2) Documents, substantiating the person s request; 3) Documents, proving that the person has the right to receive state guaranteed legal aid; 4) An attorneys consent, if it is requested that the secondary legal aid would be provided by an attorney, who is not included in the secondary legal aid providing attorney lists. Documents, which should be provided by the person, while proving his right for the receipt of secondary state guaranteed legal aid, depend on the status of such a person. State guaranteed legal aid provision article 12 specifies persons, having the right to receive secondary state guaranteed legal aid, without any regard to their assets or income. The list of such persons and documents, which they should provide to the Service, are specified in Table 1. Person s status To be provided to the Service
victims, who would like to receive compensation for the damage, caused by the crime persons having the right to social benefits persons, who are held by the state in stationary care institutions persons having a severe disability or assessed as incapable of working; old age pensioners with assessed high need level; caretakers of these people, when help is needed for the representation and protection of the ward s rights and interests, persons who cannot dispose of their property and funds due to objective reasons; persons, when their involuntary hospitalization and treatment, involuntary hospitalization and treatment prolongation questions, according to the Law on psychic health of the Republic of Lithuania; persons who are subjected to mandatory hospitalization and (or) mandatory isolation, or in case their mandatory hospitalization and (or) mandatory isolation is prolonged, according to the Law on the contagious human sickness prophylaxis and control of the Republic of Lithuania their guardians (careers) to represent their rights and interest debtors in execution processes, whenever the last residential premises, where the debtor lives is the subject of recovery parents of minors or other representatives according to the law, whenever their eviction question is being examined minors, whenever they address the court directly and pre-trial investigation official, prosecutor s order or court ruling, with which the person is accounted as a victim, and (or) the judgement of the court no documents should be provided (data is received from state electronic registers) stationary care institution issued certificate, confirming the person is taken care of in this institution by the state. a disabled person s certificate, confirming the assessed level of disability, working capacity or special needs property arrest act and (or) other documents, supporting the objective reasons due to which the person cannot dispose of their own funds and property, as well as an annual resident s (family) asset declaration for the receipt of secondary legal aid healthcare institution certificate, confirming that the person is subjected to mandatory hospitalization and treatment or that the person is subjected to mandatory hospitalization and (or) mandatory isolation documents, confirming the announcement of the auction for the sale of the debtor s last residential premises documents, confirming the started court case process regarding the eviction of the family, where minors are living documents confirming the age of such persons
independently in cases, specified by law, regarding the protection of their rights or legally protected interests, with the exception of minors, who have entered marriage or who were recognized as persons of full capacity (emancipated) by the court minors, who have suffered from criminal activities against the person s health, freedom, freedom of sexual determination and inviolability, child and family, morality and other criminal cases, where the participation of an authorized representative is not mandatory persons who are requested to be assessed as incapable in specific areas in court cases regarding the assessment of natural persons as incapable in specific areas persons assessed as incapable in cases regarding care the review of court decisions, which would assess the natural person as incapable in a specific area, and re-assessing a person, deemed incapable in a specific area as capable or capable with limitations persons in cases regarding the registration of birth persons in cases regarding the return of illegally taken away or illegally kept child according to the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction child s parents, whenever the court decides regarding the limitation or termination of their parental powers Person (-s) who would like to adopt a child or the child s guardian (carer), who have provided a competent state institution with a request regarding the adoption or permanent care (guardianship) and having the approval of such an institution regarding his suitability to become the foster father-father/mother/parents or caretaker (guardian), no documents should be presented (the pre-trial investigation official, prosecutor, will provide a motivated order or the court a motivated ruling, which will confirm that the participation of the authorized representative is mandatory) documents, which confirm the started court process regarding the assessment of a natural person as incapable, appointment of care, court case review, assessing a person as capable, etc. civil metrication institution conclusion regarding the refusal to register or recover the birth record documents, confirming that the request regarding the return of a child, who was illegally taken away or illegally kept is accepted at the central institution and that the abovementioned child has not been returned documents, which confirm the start of the court process regarding limitation or termination of parental powers a document from the competent state institution, confirming the suitability to adopt or be a permanent guardian (carer), court notifications regarding the started court process and (or) other documents, confirming the started process regarding the adoption or permanent guardianship (caretaking) over the child
or the foster-father/mother/parents, whose request for adoption or permanent care (guardianship) is currently examined by court other persons according to the cases, specified in the international agreements signed by the Republic of Lithuania documents, specified in the international agreements, signed by the Republic of Lithuania. 7 Information and documents, which should be received by the institution (the public servant examining the request) 8 Administrative service provider Persons, who are not allocated to the above-mentioned groups of people, should provide the Service their annual resident s (family) asset declaration to receive secondary legal aid. A request to provide secondary state guaranteed legal aid and related documents can be provided directly at the Service, sent by mail, courier or electronic mail. Requests provided via electronic mail should be signed with a safe electronic signature. While examining if the person has the right to receive secondary state-guaranteed legal aid and if the data, provided in the applicants requests and attached documents are correct, the Service can receive information from both state and municipal institutions, state registers, other natural or legal persons (Law on State guaranteed legal aid, article 18 part 14) State guaranteed legal aid service Odminių str. 3, 01122, Vilnius Legal department serves residents of Vilnius city, Vilnius district, Elektrėnai city, Šalčininkai, Širvinta, Švenčionys, Trakai, Ukmergė district municipalities. Documents are accepted and issued at Odminiu str. 3, 01122 Vilnius, Tel. 8 700 00 211, fax 8 700 35 004, legal address@vgtpt.lt. Kaunas department serves residents of Kaunas city and Kaunas district, Birštonas, Druskininkai, Kalvarija, Kazlų Rūda, Marijampolė, Alytus city and Alytus district, Jonava, Jurbarkas, Kaišiadorys, Kėdainiai, Lazdijai, Prienai, Šakiai, Varėna and Vilkaviškis district municipalities. Documents are accepted and issued at: Kęstučio str. 21, 44320 Kaunas, tel. 8 700 00 177, fax 8 700 35 006, kaunoskyrius@vgtpt.lt. Šiauliai department serves the residents of Šiauliai city and Šiauliai district, Akmenė, Joniškis, Kelmė, Mažeikiai, Pakruojis, Radviliškis, Raseiniai, Telšiai district municipalities. Documents are accepted and issued at: Vasario 16-osios str. 49, 76296 Šiauliai, tel. 8 700 00 214, fax 8 700 35 009, siauliuskyrius@vgtpt.lt. Klaipėda department serves the residents of Klaipėda city and Klaipėda district, Neringa, Pagėgiai, Palanga and Rietavas cities, Kretinga, Plungė, Skuodas, Šilalė, Šilutė and Tauragė districts. Documents are accepted and issued at: Vilties str. 10, 92231
Klaipėda, tel. 8 700 00 191, fax 8 700 35 007, klaipedosskyrius@vgtpt.lt. Panevėžys department serves the residents of Panevėžys city and Panevėžys district, Visaginas city, Anykščiai, Biržai, Ignalina, Kupiškis, Molėtai, Pasvalys, Rokiškis, Utena, Zarasai district municipalities. Documents are accepted and issued at: Klaipėdos str. 72, 35194 Panevėžys, tel. 8 700 35 502, fax 8 700 35 008, panevezioskyrius@vgtpt.lt. 9 Administrative service manager 10 Administrative service provision time Diana Jarmalė, Deputy director, tel. 8 700 00 202, d.jarmale@vgtpt.lt The decision on the provision of secondary state guaranteed legal aid is made immediately when the person is applying for it. In case there is no possibility to make a decision immediately, it is made not later than in 5 business days from the day all of the documents, needed for making the decision, have been received (Law on Stage guaranteed legal aid, article 18, part 2) Whenever a healthcare institution addresses the Service regarding the provision of secondary legal aid according to the cases, specified by Law on psychic health or the Law on the contagious human sickness prophylaxis and control, the Service makes the decision on the day it receives the request or the next business day if it has been received outside working hours and immediately informs the healthcare institution in writing. Whenever the court, which examines cases regarding the assessment of a person as incapable in a specific area and caretaking, or regarding a review of the court decision, by which the person is assessed as incapable in a specific area, or regarding the assessment of a person incapable in a specific area as capable or partially capable in a specific area, addresses the Service regarding the provision of secondary legal aid, the Service makes the decision not later than in 3 business days from the day it receives the request and immediately informs the court and the person, specified in the court s message in writing. Whenever the court, which examines a case regarding the limitation or termination of parent s rights, addresses the Service regarding the provision of secondary legal aid, the Service makes the decision not later than in 3 business days from the day it receives the request and immediately informs the court and the person, specified in the court s message in writing. 11 Administrative service provision cost (if the service is provided for a remuneration) Services in 1-2 cases for a person is provided free of charge or a person is obliged to pay 50 percent of the secondary legal aid provision expenses, in case the aid is requested in 3-4 cases, then: whenever the person s income does not exceed 10 MMS (hereinafter - Minimum monthly salary) + 3.75 MMS for each dependent (27 April 2005 decision of the Government of the Republic of Lithuania No. 468 Regarding the determination of a person s assets and income levels for the receipt of secondary legal aid (Žin., 2006, No. 61-2181) (MMS the minimum monthly wage determined by the Government of Lithuania) and the assets do not exceed the of 1 asset value normative, which is set for the family (for
The person has to pay 50 percent of the secondary legal aid provision expenses in 1-2 cases or 75 percent in 3-4 persons, when: persons living separately) according to the size, specified in article 14 of the Law on monetary social support to needy families and people living separately of the Republic of Lithuania (Žin., 2003, No. 73-3352; 2006, No. 130-4889) The person has the right to receive secondary legal aid, without any regard to the assets or income according to article 12 of the Law on State guaranteed legal aid (hereinafter LSGLA) (specified in Description point 6 Table). whenever the person s income does not exceed 15 MMS (per person) + 5.5 MMS for each dependent (27 April 2005 decision of the Government of the Republic of Lithuania No. 468 Regarding the determination of a person s assets and income levels for the receipt of secondary legal aid (Žin., 2006, No. 61-2181) (MMS the minimum monthly wage determined by the Government of Lithuania) and the assets do not exceed the of 1.5 asset value normative, which is set for the family (for persons living separately) according to the size, specified in article 14 of the Law on monetary social support to needy families and people living separately of the Republic of Lithuania (Žin., 2003, No. 73-3352; 2006, No. 130-4889) 12 Application form, filling example and contents of the application 13 Information and connection technologies, used while providing the administrative service 14 Specifics of administrative service provision If the person does not comply with the mentioned requirements, the secondary legal aid is not provided to them. The form of the application for the request of secondary legal aid is approved by the 27 April 2005 Order of the Minister of justice of the Republic of Lithuania No. 1R-124 Regarding the approval of the form for the request for secondary legal aid provision (the 7 July 2015 Order of the Minister of justice of the Republic of Lithuania No. 1R-174 edition) Application form is provided at the website: http://vgtpt.lrv.lt/lt/nuorodos/prasymai A person can receive information regarding the administrative service and download the Application form at the Service s webpage http://vgtpt.lrv.lt/lt/. A person, who would like to receive secondary state guaranteed legal aid, provides the Service with a request (Application, documents, substantiating his request and documents, which prove his right to receive such aid (Description point 3). The application for the receipt of secondary legal aid should include the person s question, which he would like to address the court with after receiving secondary legal aid, laid out in an understandable fashion.
After the examination of the request and attached documents, the Service additionally checks if there are any reasons (specified in the State guaranteed legal aid law article 11 part 7) to not provide the state guaranteed secondary legal aid. The secondary legal aid is not provided, if: 1) the applicant s requirements are obviously unsubstantiated; 2) the representation in the case is without prospect; 3) the applicant addresses the Service in regard to non-pecuniary damage, related to the protection of honor and dignity, however he did not suffer any material damage; 4) the request is related to the demand, which arises directly from the economic activity or individual professional activity of the applicant; 5) the applicant can receive needed legal services without the help of the state guaranteed legal aid; 6) the applicant addresses the Service regarding the breach of some other person s rights, with the exception of cases, when the person represents another person according to law; 7) the requirement, being the basis for requesting secondary legal aid, was transferred to the applicant in order to receive the state guaranteed legal aid; 8) the applicant abuses the state guaranteed legal aid, his material or procedural rights; 9) the applicant refuses to pay the defined part of secondary legal aid expenses; 10) after the request is examined in its essence, it is determined that the possible expenses from providing the secondary legal aid would exceed the material claim of the applicant (his material interests); 11) the applicant has been provided with secondary legal aid in a different case, however he did not pay the secondary legal aid expenses (or their part) in time; 12) is determined that the applicant, independently and without any help from an attorney, can implement or protect his own rights or interests, protected by law; 13) the same applicant is provided with aid in more than three cases; 14) the applicant, did not provide all of the documents, specified in article 18, part 1 of this law during the term, specified by the Service; 15) the dispute, regarding which the person seeks secondary legal aid, has been decided upon according to the order of this law by reconciliation mediation and the parties of the dispute has entered a peace agreement, however the applicant did not agree to provide it to the court for approval. Upon determining that there are not enough documents needed for the examination of the application, the Service addresses the persons requesting legal aid, or the corresponding institutions in writing, asking to provide information, needed for the accepting of the decision. The Service, upon receiving all of the needed documents, makes a decision regarding the provision of secondary state guaranteed legal aid. The decision to provide secondary legal aid is an instruction to the attorney to provide such aid and a document confirming his authorization (State guaranteed legal aid law article 18 part 7). The Service chooses an attorney according to the person s offer, residential address, and attorney s working address, work load and other circumstances. The attorney can be changed according to the request of the applicant or the attorney s motivated written request, in case there is a conflict of interest or other circumstances, which makes the provision of legal aid by the attorney chosen to provide the secondary legal aid impossible in the specific court case. The quality of the activities of the attorneys is checked by the Lithuanian Bar Association (State guaranteed legal aid law article 10 part 2).
The remuneration for the attorneys for the secondary legal aid, provided to the person, is paid by the Service. Whenever a person was provided a 50 percent (25 percent) state guaranteed legal aid, the person will have to pay the remaining 50 percent (75 percent) of secondary legal aid expenses, after receiving the message of the Service. The payment for the provided secondary legal aid is paid to the chosen State tax inspectorate under the Ministry of Finance of the Republic of Lithuania budget income collection account: LT24 7300 0101 1239 4300, AB bankas Swedbankas" LT78 7290 0000 0013 0151, AB Citadele" LT74 4010 0510 0132 4763, Luminor Bank AB LT05 7044 0600 0788 7175, AB SEB bankas LT32 7180 0000 0014 1038, Akcinė bendrovė Šiaulių bankas LT74 7400 0000 0872 3870, Danske Bank A/S Lietuvos filialas LT12 2140 0300 0268 0220, Luminor Bank AB LT42 7230 0000 0012 0025, Uždaroji akcinė bendrovė Medicinos bankas 15 Administrative service provision description is included in the document Administrative service provision description is provided with the file index No. 1.19 Prepared by: Rima Kubiliūtė 2018-01-03
SECONDARY STATE GUARANTEED LEGAL AID PROVISION Person Legal department Kaunas department Šiauliai department State and municipal institutions, state registers, other natural and legal persons, who have information, required to make a decision regarding the provision of secondary state guaranteed legal aid Klaipėda department Attorney Panevėžys department Head of department Responsible Service specialist