Law on Good Will Compensation for the Immovable Property of Jewish Religious Communities


Published: 0000-00-00

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Translated from Lithuanian
 
REPUBLIC OF LITHUANIA
LAW ON
Good Will Compensation for the immovable Property of Jewish Religious Communities
 
 
 
21 June 2011 No XI-1470 Vilnius
 
 
 
The Seimas of the Republic of Lithuania,
Recognising a considerable contribution of the Jewish community of Lithuania to Lithuania’s culture and progress of society before the Second World War, the occupation of Lithuania and the Holocaust as the beginning of total extermination of Jews;
Having regard to the fact that the Jewish communities which had long existed in various Lithuanian localities were destroyed during the Holocaust, hence restitution of their property under other effective laws of the Republic of Lithuania is not possible due to the absence of successors to their rights;
Seeking to restore historical justice and compensate in good will for the immovable property of Jewish religious communities of Lithuania unlawfully expropriated by the totalitarian regimes during the occupations;
Wishing that compensation contribute to preservation of the cultural legacy of the Jewish community of Lithuania and meeting of its current needs;
Having regard to provisions of the Terezin Declaration adopted in 2009 by representatives of 46 countries of the world, including Lithuania,
Adopts this Law on Good Will Compensation for the Immovable Property of Jewish Religious Communities.
 
Article 1. Purpose of the Law
1. This Law shall establish the amount of, time limits for the payment of, the procedure for paying and the purpose of use of compensation for the immovable property of Jewish religious communities of Lithuania.
2. The purpose of payment of the compensation as specified by this Law shall be the existing immovable property of Jewish religious communities, with the exception of land, which was unlawfully expropriated by the totalitarian regimes during the occupations.
3. This Law shall not affect restoration of the right of ownership to the existing immovable property under the Law of the Republic of Lithuania on the Procedure for the Restoration of the Rights of Religious Communities to the Existing Real Property.
 
Article 2. Amount of, Time Limits for the Payment of and the Procedure for Paying Compensation
1. The amount of the monetary compensation to be paid shall be LTL 128 million.
2. The compensation shall be paid from the state budget to a foundation appointed by the Government of the Republic of Lithuania for disposing of compensation funds. The foundation shall be a non-profit public legal person of limited civil liability established under this Law and the Law of the Republic of Lithuania on Public Establishments. The principal objectives of the activities of the foundation shall be to meet public interest in carrying out educational, religious, also scientific, cultural, health care and other activities beneficial to society.
3. The collegial management body of the foundation referred to in paragraph 2 of this Article must represent the Jewish Community of Lithuania, the Religious Community of Lithuanian Jews, other organisations and establishments fostering the Jewish religion, health care, culture and education in Lithuania, where they express such a wish.
4. The amount of compensation provided for in paragraph 1 of this Article shall be final, no claims may be raised in respect thereof in the future, nor may the specified amount of compensation for the property of Jewish religious communities and Jewish communities be altered.  
5. The articles of association of the foundation must stipulate an explicit procedure for disposing of compensation funds, performing the national audit prescribed by the Government of the Republic of Lithuania and submitting annual financial statements to the Government of the Republic of Lithuania and the Seimas.
6. Where the national audit concludes that the foundation disposes of the compensation funds transferred thereto or uses the immovable property transferred thereto not according to the purpose stipulated in Article 3 of this Law or otherwise infringes the provisions of this Law, the Government of the Republic of Lithuania shall have the right to suspend the payment of the compensation amounts and disposal thereof and take a decision on the appointment of another foundation.
7. The immovable property of Jewish religious communities of Lithuania may be compensated for by transferring, under a decision of the Government of the Republic of Lithuania, into ownership of the foundation indicated in paragraph 2 of this Article the state-owned immovable property, namely, buildings or parts thereof, where it takes a decision on requesting to transfer such property for a specific purpose complying with the provision of paragraph 2 of Article 3 of this Law. In such a case, the amount of the monetary compensation indicated in paragraph 1 of this Article shall be reduced by the value of the immovable property transferred into ownership, which has been calculated on the basis of the mass appraisal data available to the State Enterprise Center of Registers on the day of transfer of the property.
8. Payment of the monetary compensation under this Law shall, with the exception of the amount provided for in paragraph 9 of this Article, be commenced on 1 January 2013 and shall finish by 1 March 2023. The monetary compensation shall be deemed to be paid in instalments and shall be earmarked by the Seimas in the state budget of each year taking into consideration the financial possibilities of the State and shall be paid by 1 March of each year.
9. A one-off amount of LTL 3 million shall be allocated for the purpose indicated in subparagraph 2 of paragraph 1 of Article 3 of this Law. This amount shall be a part of the monetary compensation indicated in paragraph 1 of this Article. It shall be paid to the foundation indicated in paragraph 2 of this Article in 2012, but not later than within three months from the appointment of the foundation.
10. Under paragraph 7 of this Article, the state-owned immovable property may be transferred to the foundation indicated in paragraph 2 of this Article as of 1 January 2012.
 
Article 3. Purpose of the Use of Compensation
1. The monetary compensation paid under this Law may not be used for purposes other than the following:
1) for the religious, cultural, health care, sports, educational and scientific goals pursued by Lithuanian Jews in Lithuania. In disposing of the funds allocated for this purpose, the foundation shall finance the target projects in the fields referred to in this subparagraph;
2) to support the persons of the Jewish nationality who resided in Lithuania during the Second World War and who suffered from the totalitarian regimes during the occupations. The amount of compensation indicated in paragraph 9 of Article 2 of this Law shall be allocated for this purpose.
2. The immovable property transferred under this Law must be used solely for the religious, cultural, educational and scientific goals pursued by Lithuanian Jews.
 
Article 4. Entry into Force and Implementation of the Law
1. This Law, except for paragraph 2 of this Article, shall enter into force on 1 December 2011.
2. The Government of the Republic of Lithuania or an institution authorised by it shall, until 1 December 2011, approve legal acts required for the implementation of this Law.
 
 
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
 
 
 
 
PRESIDENT OF THE REPUBLIC                                          DALIA GRYBAUSKAITĖ
 
 
 
 
 
 
 
 
 
 
 
Translated by
 
Alina Kiudulaitė
alkiud@lrs.lt