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Working on a rest day: when is double pay due?

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Imagine a situation: your work schedule clearly shows your days off, but your employer asks (or even tells) you to come to work. On payday, it turns out that you were not paid twice as much as the Labour Code stipulates, but much less. Can the employer do this?

According to Viktorija Dubovskienė, an attorney at AVOCAD, the legislation is quite strict on this issue - an employee must be paid at least double pay for working on a rest day that is not scheduled in accordance with the work (shift) schedule. "This means that if the timetable is not changed on your initiative, the employer cannot unilaterally decide to pay only the regular rate for working on rest days," the lawyer says. This is where the disputes start: whose will was it to change the working schedule - the employee's or the employer's?

The lawyer notes that the Labour Code stipulates that, where aggregate working time is used, employees shall work according to the approved work/shift schedules, subject to maximum working time requirements. Employees must be notified of the schedules at least 7 days before they enter into force. They may be changed only in exceptional cases beyond the employer's control and must be notified 2 working days in advance.

"The schedules are approved by the employer in agreement with the works council, trade union or collective agreement. They must be drawn up in such a way that working hours do not exceed 52 hours per week," points out Viktorija Dubovskienė.

If an employee works more hours than the norm during the accounting period, this is considered overtime. It shall be paid in addition or, at the employee's request, the excess hours (multiplied by 1.5) may be added to annual leave.

The Supreme Court of Lithuania has noted in its recent case law that although the Labour Code norm regulating payment for work on days off is mandatory, it must be interpreted taking into account its purpose. The legislator, by imposing an obligation on the employer to pay double remuneration for work on days other than those specified in the timetable, sought to protect the employee from unexpected changes in work schedules at the will of the employer.

Under Article 115 of the LC, the employer must draw up and approve work schedules and inform the employees of their entry into force at least seven days in advance. Moreover, schedules may only be amended in exceptional cases beyond the employer's control and the employee must be given at least two working days' notice.

However, according to the lawyer, these obligations on the employer cannot be interpreted as limiting the employee's own right to request a change in the timetable if he or she needs one. If the employee were always paid double wages, the purpose of the law would not be achieved. On the contrary, it would be to the detriment of the worker himself, since the employer, knowing that he would have to pay double, would be unlikely to agree to the worker's request.

Summarising the court's ruling, V. Dubovskienė says that the employer's obligation to pay double pay for working on rest days stems from the legislator's aim to protect the employee's ability to plan his/her working and rest time. Article 144(1) of the Labour Code must be interpreted as meaning that if an employee works on a rest day on the employer's instructions, he or she must be paid double remuneration. However, if the employee himself initiates the change of his working time for his own personal interests, he cannot reasonably expect double payment.

It is also important who has to prove the reason for the rescheduling. If it is established that the worker did not work on the days specified in the timetable, it is for the employer to prove that the change was made at the worker's request and in the worker's interest. However, the mere fact that the employer does not have a realistic opportunity to change the working timetable within the time-limits laid down in the Labour Code is not sufficient to prove that the change was made at his own initiative.

"So, if you work on your days off and your work schedule has been changed at your request, please be aware that under the Labour Code, you must be paid at least double your salary. Your employer cannot unilaterally change your schedule and expect you to pay less for working on your days off," stresses the lawyer. The Court of Cassation has ruled that it is the employer who bears the burden of proving that the work schedule was changed at the initiative of the employee. In the absence of such proof, you are deemed to have worked at the will of the employer and are entitled to double pay. So if you find yourself in a situation where you have worked on your day off, check that your pay has been calculated correctly.

Recent Supreme Court case law - https://www.infolex.lt/tp/2339219

Conscription 2026: what do conscripts, employers and students need to know?

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A new version of the Law on Military Conscription and Alternative National Defence Service will enter into force on 1 January 2026. The main innovations of the reform have already been presented: the age limit for conscripts will be lowered to 21 years (inclusive), service will be deferred only for students who enrol in higher education before they are included in the list of conscripts, and the duration of service will be differentiated: it will remain at 9 months, but can be reduced to 6 months, and representatives of the missing specialties will perform a 3-month basic service. For students, there is a choice between shorter specialised programmes (e.g. NCWM) or regular service.

Only the main outlines of the reform have been publicly presented, but certain important aspects have remained unaddressed. Many practical questions are still unanswered. Sandra Mickienė, Senior Associate at AVOCAD, comments on these less publicised and undiscussed aspects .

Changes for those who avoid compulsory initial military service

Under the previous version of the law, only administrative and criminal liability measures were provided for the prevention of evasion of service, which in practice did not always ensure the effective fulfilment of conscripts' obligations - some conscripts chose to pay an administrative fine and wait until the end of the draft age (up to and including 23 years of age). The new version of the Law introduced additional measures: the age of conscription for persons who were assigned to perform compulsory initial military service but failed to do so has been raised to 30 years (inclusive), and such persons have been classified in the first group of conscripts, which will result in their more frequent and preferential inclusion in the lists. According to the lawyer, this means that the risk of evaders facing not only administrative but also criminal liability increases significantly.

Additional incentives for conscripts

Cash benefits will be paid only to those conscripts who will be assigned to perform the normal 9-month compulsory initial military service or the 3-month service after completing the missing professions of the Lithuanian Armed Forces. As before, the amount of the allowances will depend on the assessment of the service (2-4 BSI), but what is new is that the cash allowances will be increased by as much as 3 times for conscripts who have completed 7-9 months of service and for those who have completed the 3 months of service for those who have completed the shortage professions.

Reimbursement of driving courses has also been introduced: conscripts who have completed 9 months of service will be reimbursed the cost of a B-category course (up to 10 BSIs), provided that the right to drive is acquired within 12 months of the end of service. A proposal to extend the reimbursement to Category A and C courses is under consideration in the Parliament, thus further enhancing the attractiveness and motivation of the service.

Changes for employers

The previous version of the law did not regulate situations in which an employer retains a job for a conscript who is performing compulsory initial military service but does not return to it after the service. The new version provides for a one-month wage subsidy for the employer in such a case. The procedure for calculating the subsidy is also changed. Instead of the previous 6 months, the subsidy will be paid in proportion to the length of service, i.e. a subsidy of 0.67 months per month of service. Moreover, it will only apply to conscripts who have completed their basic military training, so those who have not performed their service properly could be excluded from the subsidy.

A description of the procedure for the payment of the subsidy for the wages of conscripts who have completed their compulsory initial military service is currently being finalised, which will set out the procedure for granting the subsidy, the documents required and the deadlines for decisions. As an innovation, the subsidy should be paid not only in the case of recruitment of conscripts with continuous service (e.g. 9 months), but also in instalments (e.g. 160-200 days), with additional rules for the calculation of the subsidy. As before, the subsidy will apply if the conscript is employed or returns to work within 3 months of the end of his/her service, and the amount of the subsidy will be up to 100 % of the salary and social security contributions, but not exceeding 1.17 MMA.

So when will the conscription list be published in 2026?

From 2026, the new version of the law switches from calendar to annual lists of conscripts. However, neither the law nor the existing sub-legislation specify the exact period to be covered by the annual list and when it must be drawn up and published. The Explanatory Memorandum states that the period of conscription is planned to run from July of the current year to July of the following year, but it does not have the force of law and its provisions are not always implemented in practice.

From an army perspective, it is unlikely that the 2026 list will be published only in July, as this would create a long period without a call-up and would not provide the necessary capacity. According to AVOCAD's legal counsel, 2026 is likely to be a transitional year, so the list will be published in January as usual. She said that such uncertainty is understandably worrying and problematic for young people, so it is recommended to actively monitor official sources of information and keep up to date with information on conscription.

When will 17-year-olds be screened after the new law comes into force?

Neither the law nor sub-legislation specifically sets a time limit for the medical examination of 17-year-olds. The provisions of the law itself are not fully harmonised, which leads to a conflict of interpretation: some provisions suggest that the screening must be carried out before listing, others that it must be carried out after listing.

It has been publicised that once a person reaches the age of 17, he or she will have to apply to the Military Conscription Service, provide contact details and be given a screening date. The health check will inform the young person of his or her suitability or unsuitability for service. Eligible persons will be called up when they reach the age of 18 and have completed secondary school, while those who are not eligible will not be called up. However, this information is not confirmed by the new wording of the law, which stipulates that it is the annual list of conscripts that will publish the address of the health care facility and the date on which the conscript must attend for a medical check-up.

As the rules on medical screening of 17-year-olds are already applicable as of 1 January 2025, it remains unclear whether adjustments will be made to the sub-legislation or whether the mechanism developed in practice will continue to be applied, whereby only an initial medical screening of 17-year-olds is carried out prior to their inclusion in the lists of conscripts, in order to document and immediately exclude those who are unfit for military service, and a physical examination will be performed once the conscript has been placed on the list. From a financial and human resources perspective, it is most likely that the latter mechanism will continue. In any case, this uncertainty is negative, as it does not ensure that young people have timely access to the relevant information they need to properly plan the conscription process.

Uncertainties on the grounds for deferral

The new version of the law retains the possibility to postpone service if it would cause disproportionate damage to the conscript's personal or public interests. However, this clause has been supplemented by another provision which raises practical implementation issues. The additional provision states that these conscripts shall not be deferred from compulsory initial military service if the normal 9-month period of compulsory military service would cause disproportionate harm, but the harm could be avoided by serving under the UCMJ or other approved programmes.

The aim is clear: to prevent abuses, while at the same time enabling a higher number of trained conscripts. However, the changes raise practical questions: will conscripts have to prove that they are unable to perform their service not only in the normal way, but also in an alternative way, or will this be assessed by the army on its own initiative? As the UKVM programmes are aimed at students and graduates, it remains unclear how this basis would apply to conscripts who do not belong to either of these categories.

In addition, a new, almost identical ground for deferment has been introduced for conscripts who would suffer disproportionate damage to their personal or public interests by performing the normal 9-month service, but who could be avoided by serving under the UKVM or another programme, provided that the number of servicemen who will perform compulsory initial military service under the said programmes is called up in the current year, as set by the Minister of National Defence.

It is not at all clear how this latter provision differs in practice from the basis discussed above (in both cases, programmes must be in place and numbers must be published in order to participate), and therefore when one basis should be used and when the other.

Both the NCVM and the other programmes will have quotas - so not everyone will be able to get in. The question is: if a person who is unable to serve for objective reasons ends up on the list of conscripts and applies for deferment, but there are no places available in any of the programmes, will he or she be deferred in that case? Objectively speaking, service should be postponed in such a case, but the provisions of the law do not provide clear answers, which leads to interpretative uncertainties. It is to be hoped that the sub-legislation will be clarified in the near future to clearly delineate the limits of the application of these grounds and to remove practical uncertainties.

There is also some uncertainty regarding other grounds for deferment, for example, the law provides for individual deferment of service for pupils in primary or secondary education, unless they will be completing primary, secondary or formal vocational training at the time of the call-up in the relevant year. A systematic assessment of the provisions of the law would suggest that a 17-year-old who is in school and is due to graduate in that school year could already be on the list of conscripts. However, the use of the term 'will finish' raises a question: if a 17-year-old is placed on the list before he finishes school, but does not finish school, would the conscription procedures be suspended so that he could finish school? Would he be forced to suspend his education and do his military service first?

There are also questions about students. The new version of the law stipulates that service will be deferred only for students who enrol in higher education before their inclusion in the annual list of conscripts. However, the law does not define which moment constitutes "enrolment" - receipt of an invitation to sign a study contract, signing of the contract or entry in the register of students. Objectively speaking, there could be only a few days difference between the invitation and the signing, so that a student who received an invitation to study but did not have time to sign the contract and a student who did have time to sign the contract would be treated differently. The young person has no control over the entry of the data in the student register, and therefore may not be entered in the student register on time through no fault of his/her own.

The legal framework should be clear so that people can plan their future well and have a clear understanding of their rights and obligations. Therefore, such uncertain situations should not be dealt with solely on the basis of internal acts available to the armed forces, but should be dealt with by clear rules in sub-legislative acts, which is precisely the purpose of such acts. It is to be hoped that the recruitment procedure and other implementing legislation will be revised in the near future to address all these issues.

Patient image in advertising: the law is not new, but the market is still 'learning from fines

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Healthcare advertisements today are still full of patient images, personal stories and before-and-after shots. On social networks, this has become an almost natural way of marketing - sharing customer experiences, changes, feedback or even recommendations. However, this is precisely the kind of communication that is in direct conflict with Article 15(1) of the Law on Advertising, which lays down strict prohibitions on the advertising of medical and healthcare services. Although most clinics are acting in good faith and want to show a real result, the law leaves no room for compromise in this area: the image of the patient, the patient's name, the patient's story or the doctor's recommendation are not allowed in advertising.

Jonas Zaronskis, partner at AVOCAD, says that advertising of healthcare and medical services is one of the most sensitive areas of advertising. "Unlike in the commodity market, it is about human health, dignity and the often fragile state of being. That is why the legislator has chosen to regulate it extremely strictly. Article 15(1) of the Law on Advertising prohibits the use of a patient's name, surname, image and the use of recommendations from healthcare institutions, specialists or their professional organisations," notes Jonas Zaronskis.

According to the lawyer, this provision came about by accident - it aims to protect public health, patient privacy and prevent misleading. Patient stories, before-and-after photos or doctors' recommendations have a very strong emotional impact, which can give the unjustified impression that the outcome will always be the same, regardless of individual circumstances. Restriction primarily protects the consumer from false expectations and emotional pressure to choose a service - particularly important where it is not only about aesthetics, but also about long-term self-confidence and a healthy relationship with one's body.

The amendments to the law have further strengthened these protections. The wording of the prohibition has been extended to cover not only traditional advertising but also digital marketing, social networks and opinion-forming content. "This was done to pre-empt new, visually impactful forms of advertising that can be even more powerful than traditional print or TV media. In other words, the legislator has chosen a principle: it is better to impose strict limits at the outset than to allow abusive precedents in a sensitive area such as health", says Mr Zaronski.

Warnings and fines: real consequences for clinics

According to the lawyer, practice shows that supervision has become stricter in recent years and fines have become significant. For example, in 2023, UAB Vitkus was fined €20,000 for using a patient's image in an advertisement. In 2024, the court upheld this sanction and found that the advertisement was specifically related to healthcare services and that the prohibition should therefore apply in full. In the same year, the Estetus clinic was fined an even higher amount of €40,000 for the mass use of patient images in its advertising. It can be seen that the bar for these amounts is high and the courts do not consider them excessive.

In addition, in practice, the content of an opinion leader speaking from the patient's perspective or sharing personal experiences in return for a reward or a discount is generally considered prohibited. In contrast, more neutral information about the range of services or facilities does not necessarily violate the law. Although no opinion formers have yet been sanctioned, their activities are being actively monitored, and it is likely that in the future, controls may extend to this channel of communication.

Warnings and fines are a real threat to trademarks. Brands that fail to comply with the provisions of the Advertising Law face real consequences. Even a seemingly innocent social network post can become a serious infringement. The SACP has the power to issue warnings and impose fines of various amounts. Official warnings can be issued first - for example, if a clinic uses a patient's photo or testimonial in its advertising. However, a fine of up to 3% of the annual revenue, up to a maximum of €100,000, can also be imposed for a first offence. If the infringements are repeated or considered serious, the penalties are even higher - up to 6% of annual revenue, but not more than €200,000. In addition, failure to comply with the orders of the SCAT can result in additional fines of up to €289 per day of delay for clinics and fines of between €289 and €2,896 for failure to provide information necessary for the investigation.

Where does the patient's image end and the advertising risk begin?

However, according to Jonas Zaronskis, a partner at AVOCAD, such a strict provision is debatable. Clinics have a very different understanding of what constitutes a "patient image": is it just a recognisable face and name, or also anonymised fragments such as a silhouette or body part? There are also different views on the question of which services fall under the category of health care and which under the category of cosmetic services. Do all aesthetic procedures really need to be regulated in the same strict way? This raises legal risks and uncertainties.

Another issue, according to the lawyer, is the proportionality of sanctions. A fine of twenty or forty thousand euros can be a critical financial burden for a smaller clinic, even though the infringement may not have been committed with malicious intent, but rather with unclear limits. Such penalties sometimes seem like a cannon shot at a sparrow when a clearer explanation or preventive measures would have sufficed. "Unfortunately, due to limited institutional resources, the State Consumer Rights Protection Service is more likely to punish than to advise, so clinics learn from sanctions rather than from prior guidance," Zaronskis observes.

In the light of these tensions, it would be rational to review the regulation itself. First of all, the notion of patient image should be defined more precisely, i.e. whether anonymised excerpts should be considered as prohibited. There is also a need for a clearer distinction between health care services and cosmetic services, as the current application is often extremely broad. "In addition, there is a need for detailed guidelines with permitted and non-permitted examples and clear criteria for communication by opinion leaders. It is important to strengthen the counselling function so that prevention is more effective than mere punishment," notes Mr Zaronski.

In conclusion, Article 15(1) of the Law on Advertising reasonably protects the patient, public health and consumer interests. However, according to lawyer Jonas Zaronskis, in the context of modern marketing, this provision sometimes acts as a hammer where a precise surgical tool would be needed.

"The value chain is right, but the application is sometimes too broad and the sanctions are hardly proportionate to smaller players. The solution should therefore not be to relax protections, but to clarify definitions, develop clear guidelines and strengthen advisory practices. For the time being, the safest option for clinics is to adopt a conservative model: avoiding patient images, not using the patient's perspective and not relying on recommendations from doctors or institutions. This helps to avoid fines, but clearer regulation is needed in the future so that the sector can work to ensure both consumer protection and fair competition," the lawyer notes.

 

Debt in business: how to stay out of debt and get your money back on time 

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The construction sector in Lithuania has not lost its "leading" position in terms of indebtedness and bankruptcy risk for years. Trade, transport and manufacturing companies, which also have a high level of overdue debts, are following behind. Debt is a persistent problem in business, and not only in vulnerable sectors. Every company, regardless of the nature of its business, can face insolvent partners or customers. The question is therefore "how to recover debts efficiently and avoid mistakes?" is becoming a crucial issue for everyone.

According to Kamilė Šemeklytė, Associate at AVOCAD, the problem of debt in business is not only financial, but also strategic. "Every day overdue reduces the likelihood of actually recovering money. Effective debt collection is a process in which choosing the right actions at the right time is crucial," the lawyer emphasises.

She said that it is crucial for all businesses to keep their books up to date and to take immediate action in the event of overdue debts from debtors, without expecting the debtor to take action to settle the debt once it is overdue. It is recommended that, whether the overdue obligation is large or relatively small, the debtor should be contacted promptly in writing reminding him of the overdue obligation and inviting him to honour it.

Ideally, the debtor will immediately honour the overdue obligation and the failure to pay on time was just an accounting error or some other human misunderstanding. In this case, the creditor recovers the money without further loss.

The lawyer also points to two other possible scenarios that seem less favourable at first glance but still help the creditor: the debtor can explain the reasons for the delay and offer solutions, or he can not react at all and ignore the reminders. In both cases, the creditor knows what to expect: either a postponement or rescheduling of the debt can be negotiated, or the creditor will have to prepare for legal proceedings.

Importantly, in either case, the material collected can become evidence in court. If the debtor is liable, it is written proof of his acknowledgement of the debt or the reasons given. If the debtor does not respond, it is evidence of dishonesty and non-cooperation, which can have a significant impact on the outcome of the case.

The question often arises - what is the benefit to the creditor of agreeing to defer or reschedule a debt?

At first glance, it seems that only the debtor wins in this case. But it is important to understand that a written agreement is very strong evidence. If the debtor still defaults later on, you will no longer have to prove in court that the debt exists - the signed document itself will prove it. This makes the process much quicker and simpler.

In addition, the parties may agree on additional safeguards. For example, by providing for the agreement to be approved by a court. If such a court-approved agreement contains a clause stating that failure to comply with the agreed standstill arrangement will entitle the creditor to apply to the court for a writ of execution and, if one is issued, to go directly to the bailiff to enforce the debt. This means that the bailiff could be contacted immediately, bypassing the lengthy court process. The result is time and cost savings.

Therefore, according to AVOCAD's lawyer, although court often seems to be the quickest way, practice shows the opposite: doing your "homework" before the court proceedings can not only help you to recover the debt faster, but also to avoid additional losses. Timely action is the key to protecting a company's finances and ensuring effective debt recovery.

 

Climbed into a supermarket sign - who would respond if there was an accident?

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The dangerous adventure of Pauliaus Samoška, who surprised many by climbing a signboard of a shopping centre building, ended successfully. But not all such adventures succeed. Lawyers remind us that such careless actions can lead to risks to life and serious injuries, which are the reason why the victims themselves go to court and claim compensation for material and non-material damages from the owner of the building.

According to AVOCAD attorney-at-law Mantas Baigis, in Lithuania the liability of the owner of buildings is strictly regulated by legislation, which provides that the owner (manager) of these objects must compensate for the damage caused by the collapse of buildings, structures, equipment or other constructions, including roads, or by other defects thereof, unless he/she proves that exceptions provided for in the legislation are made - that the damage is caused by an act of God or the wilfulness or gross negligence of the injured party.

The Supreme Court of Lithuania has consistently held that the general rule is that the owner of a building, i.e. the person who owns the building, is liable for the damage caused by defects in the building without fault. The Court has clarified that the legislation establishes 'strict liability', i.e. liability without fault, which means that the application of this rule requires the establishment of the fact of possession of the structure referred to in the law which has collapsed or is otherwise defective, of the causing of the damage to the person, which is also deemed to be an unlawful act, and of the causal link between the collapse of the structure or other defects and the damage caused, without, however, establishing the fault of the person in charge. Owners of buildings must bear the risk and pay for the damage caused, even if they have taken all reasonable steps and exercised all due care and diligence to prevent the damage from occurring, but it has occurred nonetheless.

Explaining how the above regulation works in practice, Mantas Baigys notes that in one civil case it was established that a person attempted to climb onto a locked balcony of a building through a nearby window, and eventually fell out of the balcony, sustaining serious injuries - fractures of the arms, a bruised head, a broken leg, and bruising of internal organs.

The owner of the building argued in the case that the victim was at fault because he had taken all the necessary safety precautions, even removing the handles from the balcony door to prevent anyone from entering this dangerous part of the building. In contrast, the victim argued that it was the property owner who was negligent, failed to take proper care of his property, failed to clean the dangerous balcony and directly contributed to the accident.

In the end, according to the lawyer, the long-running dispute was settled and it was found that the victim, aware that the door to the balcony was locked and that direct access to the balcony was not possible, was extremely careless in climbing out of the window of an adjacent room and was responsible for the damage.

"In the case of Paulius Samoška, if someone tried to replicate this extremely dangerous action and, for example, fell while climbing the structure (for example, if the structure was not designed to withstand the climb), each circumstance would have to be assessed on an individual basis," commented the AVOCAD lawyer.

For example, although access to the structure was objectively difficult, and Paul had to use a ladder as high as 5 metres, it was not locked. Nor, as the recording states, are there any warning signs stating that climbing is prohibited, so that Paul reasonably believed, as he states, that climbing was permitted.

The courts hearing the case would therefore have a lot of work to do in assessing these and other circumstances, such as whether the owner of the building did everything possible to prevent the accident and whether he or she exercised due care. The conduct of the victim would also have to be assessed in the same way. "In this case, Paul Samoška deliberately took the extremely risky step of climbing the structure without any equipment or permission. If another person were to do the same, it is likely that the court would find it difficult to ignore such obvious negligence. Such behaviour becomes a strong argument that could in principle exclude the liability of the owner of the structure," says AVOCAD's lawyer.

 

Access to another's property without paying rent: usufruct

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Imagine being able to legally use someone else's property - to generate income, produce or even rent - without paying a penny yourself. Sound like a rental agreement? Not quite. The Civil Code provides for a far more interesting and less frequently mentioned mechanism : usufruct.

A usufruct is a right in rem granted for the lifetime of a person or for a specific period of time (no longer than the usufructuary's lifetime). It allows you to use and benefit from another's property. It is usually established in order to ensure the maintenance of a particular person or to improve his/her living conditions.

According to Rokas Puodžiūnas, a lawyer at AVOCAD, the uniqueness of this right is that it is linked not to the owner, but to the object itself. This means that even if the owner changes, the usufruct does not change - unlike in ordinary contractual relationships.

How is usufruct created?

According to the lawyer, usufruct can cover both movable and immovable property. This right can arise in three ways: by law, by court decision or by transaction.

An example of a statutory usufruct is the property of minor children. "Although parents do not have a property right over their children's property, they need a legal basis to manage that property. That is why the law provides that in such cases parents act as usufructuaries - they manage their children's property with usufruct rights, even though they do not own it as owners themselves", says Rokas Puodžiūnas.

A usufruct can also be established by a court decision, usually in the context of family law. For example, in the event of a divorce, the court may grant the right to use the living space to the spouse with whom the minor children are staying, even if the other spouse owns the space.

However, usufruct is most often created by a transaction - a contract or a will. It can only be established by the owner of the property. In the case of immovable property, the contract must be notarised and the rights and obligations arise only when the usufruct is registered in the public register. In the case of movable objects, where registration is not compulsory, the usufruct comes into force from the moment of transfer of the object itself.

Rights and obligations of the usufructuary

The most important right of a usufructuary is to use and benefit from the object: fruit, produce or income. The specific rights are defined by the usufruct itself, but in the absence of this, the usufructuary is presumed to use the object as a careful owner would. "Although he cannot transfer the usufruct itself to another person, he may allow a third party to use the object - for example, to rent it out. In such a case, any income generated belongs to the usufructuary. It also gives the usufructuary the right to demand the fulfilment of obligations related to the usufruct object and to receive the corresponding payments," emphasises Rokas Puodžiūnas.

Lawyers point out that rights come with responsibilities. The usufructuary must use the property responsibly, ensure its preservation and, if necessary, carry out routine repairs. He must pay taxes and other charges relating to the object in proportion to the benefit he receives, unless the law or a contract provides otherwise. He must also notify the owner of any damage to the object, of the need for major improvements or repairs, of the need to protect the property from danger and to inform him if third parties assert rights over the object. The usufructuary must pay the owner once a year for the use of the object and, in certain cases, must insure the object.

AVOCAD's lawyer stresses that the usufructuary only pays taxes that are directly related to the property. This is also confirmed by case law. In one case, the owner asked for the abolition of a usufruct because the usufructuary had not paid for the management and maintenance of the apartment and the common areas. "However, the court clarified that such costs are not directly related to the apartment as the object of the usufruct, and are therefore the responsibility of the owner, not the usufructuary," Rokas Puodžiūnas notes.

End of usufruct

Like any right, usufruct is not forever. It can end on various grounds, both by the will of the usufructuary and by objective circumstances. The simplest case is when the usufructuary waives the right in writing, but such a waiver is valid only for the benefit of the owner. The usufruct also terminates automatically upon the death of the usufructuary, as the right is not heritable, or upon the dissolution of the legal person, if the right was created for it. There is also a time limit for legal persons: the usufruct is no longer valid after thirty years.

Sometimes the end of the usufruct is linked to a specific term or condition. For example, one parent may be granted usufruct in the other parent's home until the child reaches the age of eighteen - at the age of majority, this right automatically ends. It also ends if the usufructuary becomes the owner of the object, if the object dies or if it deteriorates to such an extent that it can no longer be used for its intended purpose.

The law also sets limitation periods. If the usufructuary does not use the movable object for three years or the immovable object for ten years, the usufruct ends automatically. Furthermore, usufruct can also be revoked by a court decision if the grounds for doing so are provided for by law.

AVOCAD's lawyer also points out that a court decision can only abolish usufruct where the law so provides. When this right ends, the usufructuary is obliged to return the object to the owner in the same condition as when it was received, taking into account normal wear and tear, unless otherwise agreed at the time of the usufruct. If the usufructuary has improved the object, he may retain those parts of the improvement which can be separated without causing damage. If the improvements are inseparable, the usufructuary may claim reimbursement of their cost, but only to the extent of the increase in the value of the thing and only if the improvements were made with the consent of the owner. If the usufruct has been registered, its termination is also linked to the moment of deregistration.

In summary, usufruct is a special property right that allows you to use someone else's property legally and free of charge. It is linked to the object itself, so that if the owner changes hands, the right remains in force. Usually, usufruct is established by the will of the owner in order to ensure the needs or well-being of a neighbour. "This overlooked option of the Civil Code can be a wise decision when planning a family estate or ensuring the quality of life of a loved one", says Rokas Puodžiūnas. Therefore, it is always worth consulting a lawyer before making a decision on usufruct, as this unique right will become a reliable tool rather than a problem.

 

 

Court clarifies which email is most important for serving documents

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Nowadays, when the majority of procedural documents are sent electronically, the question arises: which email address is considered to be the correct one for service of documents - the one you have indicated in the "Mano VMI" system or the one you have provided to the authority in the particular case? The Supreme Court of Lithuania (SCL) has recently dealt with a case in which this dilemma has become a fundamental issue and has provided an interpretation. According to lawyers, it is important for everyone to know.

"In order for a person to be able to actually exercise his or her rights in administrative proceedings, it is essential that procedural documents - such as a report on an administrative offence - are properly served on him or her," says Domantas Velykis, a lawyer at the law firm AVOCAD . The rights of a person subject to administrative liability are set out in the Code of Administrative Offences. These include the right to have access to the case file, to participate in the proceedings and provide explanations, to submit necessary documents and items in writing or orally, to be assisted by a lawyer, and to appeal against decisions taken.

According to the procedure for service of procedural documents (e.g. summonses), documents may be sent via the National Electronic Mail System, by e-mail, by other electronic means, or by registered mail. Documents may be sent by e-mail when the address is indicated in the 'Population Register' or in other public information systems used for electronic services. If there is no such address, documents may be sent by e-mail only if the person himself or herself declares that he or she wishes to receive the documents in this way.

However, in order to use the electronic services of "Mano VMI" (e.g. to submit documents, purchase or renew business licenses, register as a VAT payer, recover overpayments, etc.), it is necessary to register in this system. The first time you log in, you will need to provide your email address. A confirmation link will be sent to your email address, which must be activated. If the address is not validated, you will not be able to log in to the system.

According to lawyer Domantas Velykis, the e-mail address confirmed in this way is saved in the "Mano VMI" system and used to send notifications and documents. Importantly, such an address also complies with the requirements of the Code of Administrative Offences, i.e. it is considered to be an official address provided in the state information system for receiving electronic services.

Nowadays, many people have several e-mail addresses, so the question arises - which address is considered to be appropriate for the submission of procedural documents in an administrative offence case: the one indicated in the Mano VMI system or the one that the person has indicated to the institution?

Supreme Court of Lithuania: "it is important to assess the actual use of email"

This situation was recently examined by the Supreme Court of Lithuania. The courts of first and appeal instance ruled that the institution had violated the rights of the person because it had not sent the documents to the e-mail address that the person had provided to the institution, but to the address confirmed and used in the "Mano VMI" system.

However, the Court of Cassation has stressed that it is important to assess not only the formal indication of the details, but also the actual use of the email. If a person requests documents to be sent to one address but actually uses another, it is for the institution to determine which address is actually available. In the absence of such a finding, the procedural documents should be sent by other alternative methods provided for in the law, such as registered mail.

Commenting on such case law, Domantas Velykis, lawyer at AVOCAD, summarises that the e-mail address indicated and confirmed in the Mano VMI system may be considered as a proper address for service of procedural documents, even if the person has indicated a different e-mail address to the institution - but only if it is proven that the documents actually reach the person at this address.

He also points out that it is the user's responsibility to ensure that the contact details provided in their account are accurate and up to date. "Therefore, periodically check that the email address provided in this system is correct and actively used to avoid legal misunderstandings and possible negative consequences," the lawyer advises.

Renting student accommodation: how to avoid costly mistakes?

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The last days of summer and the month of September are a time when cities are buzzing with students and house hunters. Getting your first lease or changing your home may seem like a simple formality, but this is where costly mistakes are often made. Unrecorded housing conditions, verbal agreements or ill-considered contract terms are often the cause of lengthy court disputes.

According to Karolína Briliūtė, Senior Associate at AVOCAD, the most important first step in this process is a proper inspection of the property before concluding the lease agreement.

She points out that if there is a dispute about who damaged the property, the essential evidence is the condition of the property before the rental agreement was concluded. The essential protection for proving one's position is provided when the condition of the property is recorded. "In such a case, it is advisable for both the landlord and the tenant to film the premises prior to the conclusion of the lease, recording the date on which the recording is made, and reviewing the condition of the premises, identifying any damage or defects already present prior to the lease. The recorded defects must be included in the lease agreement, clearly discussing them", advises K. Briliūtė.

Otherwise, the landlord may take the position that certain defects in the property were caused by the tenant, either during the lease or after its expiry. According to the general rules of evidence, the burden of rebutting such allegations lies with the tenant. In the absence of visual evidence, the tenant risks not being able to defend itself against the claims made against it and having to pay for the damage caused to the dwelling, even if it existed before the contract was concluded. Accordingly, the recording of the condition of the property also makes it easier for the landlord to meet the burden of proof by claiming that it was the tenant who caused the damage during the rental period and thus caused the damage for which it is liable.

AVOCAD's lawyer also identifies a second important step - the conclusion of a written contract. "Although the law provides that a lease agreement can be concluded orally, case law and the volume of disputes that arise confirm that one should not be tempted by its simplicity," warns Karolina Briliūtė.

In the absence of a written contract as evidence and, for example, if the tenant fails to pay the rent, it is difficult for the landlord to prove that the tenant even lived on the premises, and it is also difficult to prove the true intention of the parties as to what was agreed in the lease contract (the price, the term of the lease, the liquidated damages, the penalties, the termination procedure, the termination notice periods etc.). This makes proof difficult, as the parties' explanations or the testimony of witnesses are given decisive weight, and this bureaucratic burden is particularly burdensome in court for the parties themselves. The additional hassle can be avoided by drawing up a written lease agreement and by discussing all the terms of the agreement in as much detail as possible, so as to leave no room for interpretation by the parties.

In this respect, she says, it is advisable to weigh up the potential risks and potential disputes and not be tempted to enter into a written contract in order to avoid taxes.

Lawyer Karolina Briliūtė also points out that subletting is only possible with the owner's consent. It is quite common for several tenants (students) to rent one apartment, but then one of the tenants decides to move out and "sublet" the room to another. In this case, an additional step is necessary to obtain the landlord's consent to sublet the property. If this is not done and disputes arise between the parties, the subletting contract may be invalidated. As in the case of a head lease, it is advisable to keep a record of the condition of the premises in the form of a visual record. This is to protect both the tenant and the sub-tenant in the event of any later questions as to whose fault any damage to the premises was.

You should also be aware of an additional protection for the tenant - the possibility to request a declaration that the terms of the lease are unfair.

In this case, if the lessor is a legal person, the lessee, as a consumer, is clearly entitled to the additional protection afforded to consumers, namely the possibility of requesting the annulment of the provisions of the lease. "It should be borne in mind that a natural person may also be considered an entrepreneur if the rental of residential premises is his/her usual (frequent) activity, the income from which is derived or a certain part of the rental income constitutes the landlord's income. In this way, the tenant is entitled to the additional consumer protection that applies to consumers," she stresses.

According to Karolina Briliūtė, unfair terms can be defined as terms that substantially unbalance the rights and obligations of the landlord and the tenant, putting the tenant in a significantly worse position than the landlord.

For this reason, it is preferable to prove the agreed circumstances where there is a written contract, rather than relying solely on oral explanations in the event of a dispute as to what was agreed between the landlord and the tenant.

In conclusion, the lawyer says that when concluding lease agreements, it is advisable not to avoid concluding them in writing, agreeing on all the terms of the agreement in as much detail as possible in order to avoid any interpretation of such provisions, recording the condition of the premises for both the landlord and the tenant prior to the conclusion of the agreement, making sure that the terms of the agreement do not distort the balance of the parties' rights and duties, and that any change of one of the tenants in the contractual relationship is only possible with the landlord's agreement.

 

 

Selling products without the consent of the trade mark owner. What are the risks?

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In international trade, every step in the use of a trademark must be based on the express consent of the owner. Failure to do so may result in even original goods being subject to illegal distribution.

TheCourt of Appeal of Lithuania has confirmed that Greita upė UAB illegally distributed Chupa Chups carbonated beverages made in South Korea because it did not have the trademark owner - the Italian company Perfetti Van Melle s.p.a. - with the consent of the other party. The court banned the further sale of such products on the EU market and awarded damages of €20,000.

The Court found that the South Korean producer had been granted a licence to supply beverages to the European Union only through three clearly named companies. "The drinks were not purchased by Greita rivers from these official suppliers, but from a Latvian company which was not authorised to sell Chupa Chups drinks for the EU market. Moreover, the packaging with Korean inscriptions confirmed that the product was intended for the South Korean market only. These circumstances mean that the goods appeared on the EU market without the authorisation of the rightful owner, which qualifies as an infringement of intellectual property rights.

The Lithuanian company defended itself by arguing that the goods had been purchased from a third party operating in the European Union, Top Food SIA, and that, in its view, the claimant should have brought all claims for infringement of the trade mark proprietor's rights against the third party, and not against the respondent.Otherwise, a precedent would be established where the final purchaser of the goods would be required to prove the previous chain of acquisition of the goods back to their manufacturer, notwithstanding the fact that the goods were acquired after they had already entered the European Union market.Therefore, in the view of the company's representatives, the defendant's acquisition of the goods was lawful and not in breach of the legal requirements.

However, the courts were not persuaded by such arguments and ultimately held that the mere fact that the defendant acquired the goods at issue from a Latvian company did not constitute a basis for finding that the applicant's rights as the proprietor of the trade marks had lapsed.The mere placing on the market of goods bearing the relevant trade mark in the European Union (EEA) must not be construed as extinguishing (exhausting) the applicant's rights in the trade mark registered and protected in its name.

"This case is a classic example of how a misunderstanding of the legality of a supply chain can lead to significant legal consequences. The mere fact that the goods were purchased legally does not in any way mean that the owner of the trademark loses all his rights to the trademark," says Mantas Baigys, an attorney at law at AVOCAD .

According to the lawyer, it was not for the trader to prove that the soft drinks bearing the trademarks 'CHUPA CHUPS' had been purchased on the European Union market, but that they had been placed on the market in the Member States of the European Union with the applicant's consent.

Key lessons for business

Legal analysis - Before importing products, it is necessary to assess whether the marketing of certain products under specific trademarks will infringe the intellectual property rights of that owner. Failure to do so may result in the cessation of all trade, the destruction of all products and the payment of all material and non-material damages to the owner of that trade mark.

Drafting the contract properly - Record all verbal confirmations by the distributor in a written agreement on the ownership of the intellectual property, and remember to include clauses on liability in the event of a counterfactual.

Proper legal prevention will avoid unpleasant, time-consuming and costly litigation, which can lead not only to negative financial consequences, but also to reputational damage to the business itself, without the consent of the trademark owner.

 

The public question: why the same crime but different punishment?

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Judicial decisions - especially in criminal cases - are constantly debated in the public sphere. The public often asks: why does one person get, say, 12 years for a certain offence, while another gets only six, even though the nature of the crime seems identical? This question has been raised once again by the high-profile case of sexual violence against minors.

According to Egidijus Kieras of AVOCAD, different sentences for seemingly identical crimes are not a sign of judicial arbitrariness. On the contrary, he said, it reflects an individual application of justice based on the circumstances of the particular case, the logic of the law and a clearly defined methodology.

Average sentences - a guide for courts

Egidijus Kieras points out that under the Criminal Code of the Republic of Lithuania (CC), each crime is punishable by a range of sentences - for example, murder can be punishable by between 7 and 15 years of imprisonment. However, this does not mean that all convicted persons automatically receive an "average" of 11 years. Courts look at the so-called average sentence - a mathematical point between the minimum and maximum sentence, which acts as a reference point. The court "steps" from this average to one side or the other, depending on the aggravating or mitigating circumstances found in a particular case.

What determines whether a sentence increases or decreases?

The court must look at the whole context of the crime, not just the name. Here are some examples. Aggravating circumstances that lead to a harsher sentence:

  • The offence has been committed repeatedly;
  • The crime was committed out of selfish motives;
  • Victim - a minor or vulnerable person;
  • The crime was committed by a group of people acting together.

Mitigating circumstances that may lead to a reduction of the sentence:

  • Guilty plea;
  • Sincere regret;
  • Cooperation with law enforcement;
  • Compensating or attempting to compensate for damages;
  • Influence of personal illness, addiction, psychological state.

Emotions vs. legal criteria

In a high-profile case of sexual violence against boys, the public is shocked not only by the crime itself, but also by what some consider a "too light" punishment. However, this case illustrates once again that a court cannot rely on emotions, but only on the facts and legal circumstances of the case. If a person has cooperated with law enforcement, has confessed, has shown remorse, and may have no previous convictions, all of this has legal significance. In this case, the sentence imposed, although it may have upset many people, was probably motivated by all the criteria set out in the law. Often in cases of this kind, the lawyer says, punishment is not the only element of the court's decision - probation supervision, registration in the sex offenders' register, therapeutic measures, etc. may be ordered.

When imposing a sentence, the court must give detailed reasons why it has imposed that sentence. The court's decision is not an opinion, but the totality of the facts analysed, the law and the assessments made. "However, the role of the public is also important in this process - not just to read the headlines, but to read the court rulings, to study the circumstances of the case, to understand the logic of the criminal procedure," emphasises Mr Kieras.

Changes in legal technique don't change the substance: the "average" hasn't gone anywhere

The amendment to Article 61(2) of the Criminal Code of the Republic of Lithuania, which entered into force on 1 January 2024, abolished the previous obligation to calculate the sentence from the average. Until then, the law stated that, in the presence of both aggravating and mitigating circumstances, the court should focus on the average sentence, and move away from it depending on the weight of the circumstances. The amendment has made this wording more flexible, giving the court more discretion.

However, according to AVOCAD's lawyer Egidijus Kieras, actual case law shows that the "principle of averages" continues to be one of the main points of reference for sentencing:

"Yes, technically the imperative is no longer there, but in the structure of most sentences it is very clear that the courts are still taking an average approach. In terms of motivation, it seems that only the concept has disappeared, but not the principle itself", says Kieras.

This is particularly important from the point of view of legal interpretation. Consistency and transparency in sentencing requires a certain degree of methodological consistency. And while the wording of the law may change, the reasoning of the courts must remain sound, comparable and predictable. In other words, the idea of the "average" - as a reference point - remains alive in both professional judicial logic and academic doctrine. It is a part of the architecture of the law that cannot be so easily disconnected from the actual sentencing process, even if it is no longer formally part of the law. This situation reveals a broader insight: changes in legal technique do not necessarily change the substance of the law, as long as the logic remains the same in practice. This shows once again that case law is often more stable than the wording of laws.

Criminal law - accountability based on reasoning, not emotion

As Egidijus Kieras, a lawyer at AVOCAD, points out, criminal law in Lithuania is quite balanced, but its application requires not only professionalism, but also consistent public education. This depends not only on confidence in justice, but also on a healthier public opinion. "When you know how punishment is actually shaped, you are less inclined to shout 'the court is incompetent'," says Kieras. Different sentences for the "same" crime do not mean inequality - they reflect the principle of individual justice. Each person is unique, each case is different. Justice is not a mathematical exercise - it is a profound process in which both the law and the person matter.