Lithuania: Penalties for deserting from the border guards
|Publisher||Canada: Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||29 September 2003|
|Citation / Document Symbol||LTU42014.E|
|Cite as||Canada: Immigration and Refugee Board of Canada, Lithuania: Penalties for deserting from the border guards, 29 September 2003, LTU42014.E, available at: http://www.refworld.org/docid/403dd2018.html [accessed 17 September 2014]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Since July 1994, the Lithuanian State Border Guard Service (Valstybės Sienos Apsaugos Tarnyba, SBGS) has been a division of the Ministry of the Interior (Republic of Lithuania n.d.; ibid. 10 Oct. 2000, Art. 2.1-2.2). The Law on the Organisation of the National Defence System and Military Service notes further that the border service is only considered a part of the national defence system under the Ministry of National Defence in times of war (7 July 1999, Art. 3.1.2).
The Republic of Lithuania's Law on State Border Guard Service of 10 October 2000 defines border service officers as "statutory public servants" whose behaviour is regulated both by Article 19 of the border guard law and by Article 22 of Lithuania's Law on Public Service (Art. 18.1, 19.1.1). While neither law uses the term "desertion," the Lithuanian Public Service code defines unexplained extended absence from employment for "one or several days without a reasonable cause" as a "serious misconduct" (Republic of Lithuania 8 July 1999, Art. 40.1, 40.1.8). Such acts are penalized with one of the following sanctions: dismissal from the public service, reduction of base salary, suspension or reprimand (ibid., Art. 40.2).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
Republic of Lithuania. 10 October 2000. Official Gazette. No. VIII-1996. Law on State Border Guard Service. Official Translation.
_____. 8 July 1999. Official Gazette. No. VIII-1316. Law on Public Service. Official Translation.
_____. 7 July 1999. Law on the Organisation of the National Defence System and Military Service. Official Translation. Official Gazette No. VIII-1289.
_____. n.d. State Border Guard Service. "History of the State Border Guard Service."
Additional Sources Consulted
Internet sites, including:
Lithuanian Legal Portal
LLRX.com, "Guide to the Lithuanian Legal System" (2003)
Republic of Lithuania, Seimas
Republic of Lithuania, State Border Guard Service