2. This Resolution shall come into force on 1 July 2012.

Prime Minister                                                                                 Andrius Kubilius

Ministry of Justice                                                                          Remigijus Šimašius

APPROVED by:

Resolution No 314 of the Government of the Republic of Lithuania of 5 March 2002 (as amended by Resolution No 572 of the Government of the Republic of Lithuania of 23 May 2012)

1. The Regulations of the Register of Property Seizure acts (hereinafter referred to as ‘the Regulations’) govern the purpose of the Register of Property seizure acts (hereinafter referred to as ‘the Register’), its objects, the Register manager and the Register administrator, their rights and obligations, the management of Register data, Register information and the documents and/or document copies submitted to the Register, interaction with other registers, the security of Register data and Register information, the supply or transfer of such information to foreign States, as well as Register funding, reorganisation and liquidation.

2. The purpose of the register is to record register items under paragraph 3 of the Regulations, to collect, compile, process, systematize, store and deliver register data and documents, and perform other register data handling actions. .

3. Register objects shall include property seizure acts issued by courts, bailiffs, prosecutors, the State Tax Inspectorate under the Ministry of Finance and other public authorities and officials that place a temporary compulsory restriction on the rights to property located in the Republic of Lithuania by seizing such property on the grounds and in accordance with the procedure prescribed in the laws.

Property seizure acts issued by the mentioned authorities/officers shall not be registered when the seized movable property (products, other perishable items, animals) is taken and transferred for realization without delay in accordance with the procedure established in the laws, also where low-value items of personal or household use are seized or seizure is time-barred.

4. The purpose of the register is to record register items under paragraph 3 of the Regulations, to collect, compile, process, systematize, store and deliver register data and documents, and perform other register data handling actions.

5. Register data shall be compiled in a single database of the register.

6. Register data providers shall include courts, bailiffs, prosecutors, officers of the State Tax Inspectorate under the Ministry of Finance and the State Social Insurance Fund Board under the Ministry of Social Security and Labour, other public authorities and officers (hereinafter referred to as ‘institutions or officers receiving the property seizure act’) having the right to seize property or execute decisions to seize property on the grounds and in accordance with the procedure prescribed in the laws of the Republic of Lithuania.

7. The key terms used in the Regulations are defined in the Law of the Republic of Lithuania on the Register of Property Seizure acts (Official Gazette 1999, No 101-2897; 2012, No 6-182), the Code of Civil Procedure of the Republic of Lithuania (Official Gazette 2002, No 36-1340), the Law of the Republic of Lithuania on the Management of State Information Resources (Official Gazette 2011, No 163-7739) and other legal acts.

8. The Register shall be managed in line with the Law of the Republic of Lithuania on Property Seizure acts, the Law of the Republic of Lithuania on the Management of State Information Resources, the Law of the Republic of Lithuania on Legal Protection of Personal Data (Official Gazette 1996, No 63-1479; 2008, No 22-804), other laws of the Republic of Lithuania, the Regulations, as well as other legislation governing the activities of State registers.

9. The term “legal persons” used in the Regulations includes legal persons of the Republic of Lithuania, the European Union Member States and/or the European Economic Area Member States, third party legal persons and unincorporated entities, their branches and representative offices.

10. The Ministry of Justice shall act as the register manager (hereinafter referred to as the register manager).

11. The Central Mortgage Office shall act as the register administrator (hereinafter referred to as the register administrator).

12. The register manager shall provide methodological guidance to the register administrator and coordinate register operation.

13. The register manager shall:

14. The Register manager shall have:

15. The register administrator shall register a register items, manage the register data, register information, documents and/or their copies submitted to the register and be responsible for the protection of the register data and register information.

16. The Register administrator shall:

17. The Register administrator:

18. The register manager shall be the personal data manager and the register administrator shall be the personal data administrator.

19. The following data about property seizure acts shall be compiled and processed in the Register:

20. The following classifiers shall be used to process data and to register (remove) Register objects:

21.  The authority or officer issuing a property seizure act shall, no later than on the next working day following the adoption of the decision (where the decision can be executed only after it becomes effective – no later than on the next working day following the entry into effect of the decision), submit electronically the data specified in paragraphs 19.2, 19.3 and 19.6–19.7 of the Regulations to the Register administrator in accordance with the procedure prescribed by Lithuanian laws, the Regulations and the Register manager.

22. Register data providers shall be responsible for the accuracy and correctness of the data provided to the Register in accordance with the procedure established by the laws of the Republic of Lithuania and, having learned that the data they have provided are incorrect or incomplete, shall correct them and supply the corrected data to the Register administrator.

23. Only property seizure acts issued by Lithuanian authorities and officers shall be registered in the Register.

24. All documents and data shall be submitted to the Register administrator in the Lithuanian language.

25. Upon receipt of the data of a property seizure act, they shall be entered into the Register without delay but no later than within eight working hours from data receipt at the Central Mortgage Office, except where irregularities are detected in the data submitted or registration of a property seizure act is refused. When entering data into the Register, the legality (compliance with legislative requirements) of the document imposing, altering or lifting property seizure shall not be verified.

26. The register administrator having ascertained inaccuracy of submitted documents or data, shall no later than within one working day of the receipt of such documents or data, send an electronic notification to that effect to the register data provider and allow a period of 10 working days for elimination of the inaccuracies. The term for the elimination of inaccuracies shall commence on the day when the electronic notification on detected inaccuracies is sent.

27. The Register administrator shall refuse to register a property seizure act or erroneous data from a property seizure act, to record an amendment to a property seizure act and to remove a property seizure act from the Register in the following cases:

28.  A message on the refusal to register a property seizure act or incorrect data of a property seizure act, to enter property seizure act amendment data or to remove a property seizure act from the Register shall be sent electronically to the institution or officer that issued the property seizure act (the document attesting to the amendment or cancellation of the property seizure act) no later than on the next working day from the receipt of the data of the property seizure act (or amendment thereto).

29.  A refusal to register a property seizure act, to enter property seizure act amendment data or to remove a property seizure act from the Register may be appealed against in accordance with the procedure prescribed by the Law of the Republic of Lithuania on Administrative Proceedings (Official Gazette 1999, No 13-308; 2000, No 85-2566).

30.  Where a decision of the Register administrator refusing the registration of a property seizure act (entry of property seizure act amendment data) or removal thereof from the Register is struck down on appeal in accordance with the procedure prescribed by the Law of the Republic of Lithuania on Administrative Proceedings and a decision is adopted obligating the Register administrator to register the property seizure act (to enter property seizure act amendment data) or to remove it from the Register, the property seizure act must be registered with the Register, the property seizure act amendment data must be entered or the property seizure act must be removed from the Register immediately but no later than within eight working hours from the receipt of the definitive decision ordering registration of the property seizure act, entry of the property seizure act amendment data or removal of the property seizure act from the Register.

31. A property seizure act shall be considered to be registered when the data of the property seizure act have been entered into the Register database and the Register object has been given an identification number.

32. A Register object’s identification number consists of a sequence of 10 digits generated by information technology equipment.

33.  Register data shall be changed when the Register administrator receives, by electronic means, the data of a document (judgement, ruling, decision, additional property seizure act etc) amending or supplementing a registered property seizure act or abolishing property seizure in respect of a part of the property seized or a notification is received from the property Register administrator on changes to the data of the property seized.

34.  A property seizure act shall be removed from the Register:

35.  Property seizure acts shall be removed from the Register within 8 working hours from the receipt of the documents confirming the cancellation of property seizure at the Central Mortgage Office.

36.  In the case specified in Article 147(6) of the Code of Civil Procedure of the Republic of Lithuania, a property seizure act shall be removed from the Register on the next working day from the adoption of the ruling on the application of provisional measures, except where the bailiff, without missing the 14-day deadline, submits to the Register the inventory of property or another document updating the seized property data.

37.  Upon expiry of the period of temporary restriction of the ownership imposed in accordance with the procedure prescribed by Article 151(6) of the Code of Criminal Procedure of the Republic of Lithuania (Official Gazette 2002, No 37-1341) the property seizure act shall be removed from the Register on the next working day.

38.  When submitting for entry property seizure act amendment data or data attesting to the cancellation of a property seizure act, the identification number of the property seizure act being amended or removed from the Register must be specified. Where the property seizure act being amended was not submitted to the Register and has not been registered, the data concerning the amendment to the property seizure act shall be entered provided that the relevant property seizure act is submitted together with the amendment thereto.

39. A property seizure act shall be removed from the Register together will all amendments and supplementations thereto.

40. After registering a property seizure act, entering property seizure act amendment data or removing a property seizure act from the Register, a message on the registration of the property seizure act, entry of the property seizure act amendment data or removal of the property seizure act from the Register shall, no later than on the next working day, be sent electronically to the authority/officer that issued the property seizure act, amendment thereto or the decision cancelling it.

41. Register data concerning changes to the data of seized property (merger/division of assets or other data) based on the notice from the property Register administrator shall be changed in the Register within 24 hours of the receipt of the notice. Any change to Register data shall be notified electronically to the authority or officer that issued the property seizure act within one working day of the entry of the data on the change.

42. In the event that the document attesting to the cancellation of a property seizure act is appealed against in accordance with the procedure prescribed in the laws of the Republic of Lithuania or a property seizure act is removed from the Register by mistake, the Register administrator, in response to a written request from the Register data provider, shall return the data from the database archive to the relevant section of the database and inform the respective property register accordingly.

43. The data of the de-registered property seizure acts and their digital document copies shall be stored in the database archive. The data and documents about de-registered property seizure acts shall be stored in the database archive for 10 years from the date of the deregistration of the property seizure act. Upon expiry of the term of data and document storage, register data and documents shall be destroyed in accordance with the procedure prescribed by the Law of the Republic of Lithuania on Documents and Archives (Official Gazette 1995, No 107-2389; 2004, No 57-1982).

44. An individual, whose data are in the register, having accessed his personal data in the register, shall be entitled to require the rectification of incorrect and inaccurate data, as well as supplementation of incomplete data, or removal of redundant or unauthorized data. The register administrator shall, within 5 working days from the receipt of the request and documents supporting the facts, correct the irregularities and report back to the individual concerned.

45. Having detected any incorrect, incomplete or unnecessary data in the Register, the authority or officer that issued the property seizure act shall have the right to demand that incorrect data be corrected, incomplete data supplemented and unnecessary data removed. Having received such a demand and having made sure that it is justified, the Register administrator must satisfy it in accordance with the procedure established in the Regulations and notify the authority or officer that issued the property seizure act accordingly. The demand must be examined and the error corrected or a reasoned refusal to satisfy the demand must be presented within five working days of the receipt of the demand.

46.  Where the register data are found to be incorrect, inaccurate or incomplete due to the fault of the register administrator, the register administrator shall immediately, but no later than 3 working days from the date of the establishment of the fact, rectify the inaccuracies and notify free of charge all register data recipients that have been transmitted incorrect, incomplete, or inaccurate data.

47. Legal, administrative, organisational, technical and other measures shall be taken to prevent the registration of incorrect, inaccurate or incomplete data, and ensure that register data conform to the data specified in the documents submitted for registration. .

48. Data from the following State registers of the Republic of Lithuania shall be used to ensure Register functioning:

49. The Register administrator shall, no later than within eight working ours of the registration of a property seizure act, entry of the property seizure act amendment data or deregistration of a property seizure act from the Register, transfer data on the registration of the property seizure act, entry of the property seizure act amendment data or removal of the property seizure act from the Register to the respective property register (the Register of Real Estate or registers of movable property) in accordance with the procedure prescribed by a data exchange agreement.

50. In those cases where a property administrator is appointed after seizing the property of a legal person, the Register administrator shall inform the Register of Legal Entities, in accordance with the procedure established in the data exchange agreement, about the established property administration (termination of administration) within 8 working hours from the registration of the property seizure act.

51. The registers and authorities mentioned in paragraphs 48.3–48.13 of the Regulations which register the respective objects of property shall transfer data on any changes to seized property data to the Register administrator without delay, but not later than within eight working hours of the change to the data of seized property.

52. Interaction with every register and the State information system shall be governed by a data provision/exchange agreement.

53. If it is established that the data received from a relevant register differ from the data supplied by Register data providers or other inaccuracies of the data received from a relevant register are detected, the administrator of the relevant register shall be informed without delay about the noticed inaccuracies of the data it has provided and incorrect, inaccurate or incomplete data together with an explanation of circumstances shall be communicated to it without delay.

54. The Register administrator, having received information on established inaccuracies of the data transferred to it and the explanations of the circumstances from a relevant register, must verify the provided information within three working days of its receipt and, if it is found to be true, correct the inaccuracies. This term shall be extended to 30 days by the Register administrator when the Register administrator has to contact the Register data provider regarding the correction of the inaccuracies. After correcting inaccuracies in the Register data, the Register administrator shall immediately notify the Register administrator of the relevant register and the recipients of Register data to whom incorrect, inaccurate or incomplete data was transferred.

55. Register data, register information, documents and/or their copies submitted to the register are public domain and, in consideration of the aims of the registry, and in accordance with the procedure prescribed by the legislation of the Republic of Lithuania, the European Union and/or the Regulations, through the interaction of public information systems or registers, are transmitted to related registers and public information systems, and provided to recipients, unless the laws of the Republic of Lithuania and the European Union legislation provide otherwise. Data on natural persons shall be transmitted to related registers and public information systems as well as to recipients following the provisions of the Republic of Lithuania Law on Legal Protection of Personal Data.

56. The provision of register data shall include:

57. Register notifications, extracts and complete sets of data delivered on request may be transmitted in writing, electronically, or by other means of communication, which allow appropriate identification of the person. The procedure and scope of the provision of register data shall be laid down by the register manager.

58. Extracts from the register shall be provided against:

59. An individual wishing to receive data from the register may apply personally or through an authorised person by post, or electronic means, appropriate for personal identification and protection of the text. The application shall contain the following information: first name(s) and surname of the applicant (identification number, legal form and name of a legal person), address, legal grounds for data provision and receipt, intended use of the data, scope, mode of transmission, and any one of the data specified in paragraph 58 of these Regulations. The application shall be supported with personal identification document (in the case of personal application)

60. When Register data are provided in writing, they shall be delivered (by post, electronically, by other means of communication allowing appropriate identification of the person and making it possible to ensure text security, or in person) no later than within three working days of the submission of the request to the Register administrator. The data shall be immediately available for checking on register administrator's computer.

61. Electronic transmission of data of the register shall be effected under agreements between the register manager and the data recipient, which shall specify the intended use of the data, legal basis for data delivery and receipt, terms and procedure and the scope of the transmittable data. To get a breakdown of searches done at the register, the recipient, to whom the data is provided electronically under the data provision agreement, shall submit a written request and pay the fixed fee.

62. Register data and Register information, except personal data, which are provided under the conditions laid down in the Law of the Republic of Lithuania on Legal Protection of Personal Data, shall be provided to persons repeatedly using Register data and Register information in accordance with an agreement concluded between the Register administrator and Register data recipient.

63. Any natural person wishing to access his personal data in the register, shall produce his/her personal identification document and a written application with the following information: first name(s), surname of the person applying for the data, residential address, one of the types of data specified in paragraph 58 of these Regulations, and mode of transmission. The application may be submitted electronically or by any other means of communication, appropriate in terms of personal identification and protection of the text. A natural person may receive such data from the register administrator free of charge once a calendar year.

64. Any natural person wishing to get a list of persons who sought access to his/her personal data in the register as well as the information on the sources and type of the personal data collected, and the reason for handling of this data, shall produce his/her personal identification document or confirm his/her identity within the procedure prescribed by law, or by electronic means of communication, appropriate for identification of a person. The above mentioned list shall be provided for the period of one previous year. It may be provided free of charge once a year.

65. A fee shall be charged for the provision of Register data. The amount of the fee for the use of Register data and the payment procedure shall be determined by the Government of the Republic of Lithuania. The Register administrator shall provide Register data free of charge in the cases specified in the Law on the Management of Information Resources and other Lithuanian laws or European Union legislation.

66. The register administrator’s web site contains information about the subject matter and purpose of the register, register administrator, register management, procedure for the access of personal data in the register by individuals, procedure for rectification of incorrect, inaccurate, incomplete data, register data providers and recipients.

67. Register data, register information, documents and/or their copies submitted to the register shall be transferred to natural or legal persons of the member states of the European Union and/or the European Economic Area, as well as unincorporated entities and branches and representative offices of these entities in the same procedure as that applied with respect to natural or legal persons of the Republic of Lithuania.

68. Register data, register information, documents and/or their copies submitted to the register shall be transferred to natural or legal persons of third countries as well as unincorporated entities and branches and representative offices of these entities in the same procedure as that applied with respect to natural or legal persons of the Republic of Lithuania, unless it is prevented by the laws, international agreements and other legal acts of the Republic of Lithuania, .

69. The responsibility for protecting data and information of the register shall rest with the register manager and administrator.

70. register data protection shall be regulated by the Regulations of the Protection of Register Data, as approved by the register manager as well as other relevant protection documents, which are drawn up, agreed upon and approved in accordance with the Law of the Republic of Lithuania on Legal Protection of Personal Data, the General Requirements for Electronic Protection of Information in Information Systems of Public Authorities approved by Resolution No 952 of the Government of the Republic of Lithuania of 4 September 1997 (Valstybės žinios (Official Gazette) No 83-2075, 1997; No 49-1891, 2007) and other legal acts on data and information protection.

71. Following the procedure prescribed in the Protection Requirements and other protection regulations, the register manager shall ensure necessary administrative, technical and organisational measures for data protection are put in place and adhered to..

72. The staff involved in the processing of the data, information and documents and/or their copies, shall be obligated to keep the data and information confidential. The obligation to keep the data confidential shall continue following the termination of the activities related to the processing of data, information and/or their copies.

73. Protection of personal data shall be ensured in pursuance with the Law of the Republic of Lithuania on Legal Protection of Personal Data.

74. The Register shall be funded from the resources of the State Budget of the Republic of Lithuania as well as revenues from the provision of Register data and information.

75. Reorganisation and liquidation of the register shall be governed by the Law of the Republic of Lithuania on State Registers and be carried out in the manner established by the Government of the Republic of Lithuania.

76. Data from the Register in liquidation or under reorganisation shall be transmitted to another register, destroyed or transferred to State archives in accordance with the procedure laid down in the Law of the Republic of Lithuania on Documents and Archives.