ANNUAL REPORT OF 2019 ON THE ACTIVITIES OF THE SEIMAS OMBUDSMEN’S OFFICE OF THE REPUBLIC OF LITHUANIA
request, its registration, determination of the subject
matter of the request and the preparation of the
answer to the person. The legislator obligates public
administration entities to respond to requests of
individuals according to their content within the
time limit set by legal acts.
Lack of clarity of legal regulation. When
examining complaints the Seimas Ombudsmen
often draw attention of responsible institutions
and agencies to the fact that activities of entities
of public administration must be clear and
unambiguous. The reason for complaints lodged
with the Seimas Ombudsmen regarding potentially
inappropriate activities of an institution or agency
often is the lack of clarity of legal regulation,
which in individual cases creates preconditions
for violations of the rights and legitimate interests
of individuals, therefore the Seimas Ombudsmen
emphasize in their statements the need to ensure
clarity and coherence of legal regulation. In 2019,
the Seimas Ombudsman received the applicant’s
complaint concerning the acts (omission) of the
officials of the State Control Commission for
Prices and Energy, who delayed the adoption of
the decision on the application of the method
of distributing heat according to the readings of
one introductory heat meter to the complainant’s
multi-apartment building and kept applying new
requirements to the coordination of the selected
method.
Investigations initiated by the Seimas Ombudsman
regarding delays in the improvement of legal
regulation. When, during investigation of received
complaints, the Seimas Ombudsmen identify
weaknesses in legal regulation, they submit
recommendations to the competent institutions
to eliminate such weaknesses. Being aware that
the drafting of legal acts is a complex and often
lengthy process, the Seimas Ombudsmen carefully
assess whether the recommendations submitted
to the institutions regarding the improvement of
legal regulation have been implemented. However,
particularly in cases where weaknesses in legal
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regulation are identified in areas for which different
ministries are responsible, when the area concerned
is regulated by a number of different legal acts, there
are delays in the activities of the authorities in charge,
which raise suspicions of potentially unjustified
failure to act. In observance of Article 73 of the
Constitution and in compliance with Article 3 and
Article 13(3) of the Law on the Seimas Ombudsmen,
the Seimas Ombudsmen may, in such cases, initiate
an investigation on their own initiative. In 2019, the
Seimas Ombudsman conducted an own-initiative
investigation into the acts (omissions) of the officials
of the Ministry of Education, Science and Sport and
opened (later terminated) the investigation into the
failure of the officials of the Ministry of Environment
to act on the activities of managers of shared objects
of multi-apartment buildings, improvement of
legal regulation of control and supervision of these
activities.
Poor control of economic activities, delays in
decision-making (noise). Applicants complain
to the Seimas Ombudsmen that responsible
institutions fail to address the issues relevant to
them. When examining received complaints, the
Seimas Ombudsmen observe that problems raised
by complainants are largely unsolved for a long
time due to the delays by competent authorities to
take the necessary decisions or measures to resolve
the specified problems or due to inefficiency of the
measures taken because of the lack of integrity and
intolerance of the officials to violations. There were
cases when, instead of addressing the issues, i.e.
eliminating an infringement recorded by another
institution, the responsible officials look for different
ways to avoid addressing the issues falling within
their competence, or are negligent in carrying out
control actions. The consequences of this are that
offenders do not take measures to stop harmful
activities, violations continue and those affected by
the violation suffer inconvenience and the worsening
of their life quality. The Seimas Ombudsmen note
that such situations are common in (not) addressing
noise problems.
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