Could you face a harsher penalty if you appeal the fine?  

The Code of Administrative Offenses of the Republic of Lithuania provides that the investigation of administrative offenses and the adjudication of cases are based on fundamental procedural principles—the presumption of innocence, equality before the law, proportionality, due process, expediency, and the prohibition against worsening a person’s situation solely because they have appealed a decision (non reformatio in peius). This principle is one of the most important guarantees of the right to defense for a person facing charges. Its essence is that a person should not be afraid to defend their rights simply because filing an appeal might worsen their situation. If that were the case, the process itself would no longer comply with the principles of justice and fairness.

“The principle ofnon reformatio in peiusensures that a person is free to exercise the right to appeal a decision that they consider unlawful or unfounded. A person’s legal situation cannot be worsened simply because they filed an appeal,” notes Domantas Velykis, an attorney with the AVOCAD law firm.

This principle must be observed at all stages of the proceedings in an administrative offense case—in the court of first instance, on appeal, and during the reopening of the case, as well as when the case is remanded for a new trial. However, it is important to note that the prohibition against worsening a person’s situation is not absolute.

A court of first instance may only worsen the situation of a person subject to administrative liability if a complaint has been filed by the victim. In the appellate instance, this may be done only if the appeal is filed by the authority that issued the decision in the administrative offense case through non-judicial proceedings, the authority whose official conducted the investigation of the administrative offense, or the victim.

In other words, if only the person subject to administrative liability appeals the decision, the court may not, based solely on this appeal, impose a more severe penalty or otherwise worsen that person’s legal situation. However, if the victim or an institution also files an appeal, the court has the right to issue a harsher decision—for example, to impose a more severe administrative penalty or to overturn a more lenient sanction.

How is it determined whether a person's situation has worsened?

When assessing whether the principle ofnon reformatio in peiuswas violated, the comparison is not between the theoretical possibility of reaching a different decision and the actual procedural decisions that were made.

The analysis examines whether the new solution:

  • restricts a person's rights to a greater extent;
  • imposes additional obligations or restrictions;
  • provides for stricter administrative liability;
  • imposes a more severe administrative penalty or administrative sanction;
  • finds the person, against whom the case was dismissed, guilty;
  • awards a higher amount of damages or otherwise worsens his legal position.

As D. Velykis points out, mere assumptions that the situation could have been worse are not enough—a violation of the principle must be established in practice by comparing the specific decisions that were made.

Lithuanian Supreme Court: The situation worsened even after one restriction was lifted

In a recent case before the Supreme Court of Lithuania, the court considered a case in which the police fined an intoxicated driver 800 euros, suspended his driver’s license for six months, and prohibited him from driving vehicles not equipped with alcohol-interlock devices for twelve months. The individual appealed this decision, requesting that the period of the driving suspension be reduced to three months and that the prohibition on driving vehicles without alcohol ignition interlock devices be lifted.

The district court overturned the ban but, at the same time, extended the period of the driving suspension from six to twelve months. The regional court upheld this decision. The Supreme Court of Lithuania ruled that the case had been heard solely on the basis of an appeal filed by the person subject to administrative liability, and therefore the court had no right to worsen his situation. Although one administrative sanction was overturned, the extension of the driving suspension to twelve months effectively constituted a more severe restriction of the person’s rights.

Consequently, the Supreme Court of Lithuania found that the principle ofnon reformatio in peiushad been violated, determined that there had been a fundamental violation of procedural law, and overturned the decisions of both the district and regional courts.

“This ruling reaffirms that the right to appeal a decision cannot result in the risk of facing harsher consequences. This is one of the most important procedural safeguards ensuring a person’s right to an effective defense,” concludes Domantas Velykis, a lawyer at AVOCAD.

A lawyers' forum will be held in Lithuania for the first time: issues of leadership and responsibility among lawyers will be addressed

This fall, Lithuania will host its first international conference“LAW FORUM 2026”will be held in Lithuania for the first time this fall, bringing together legal professionals, decision-makers, and leaders to discuss one of today’s most pressing issues: whether lawyers today are taking on enough leadership and responsibility in the life of society and the state.

As geopolitical tensions rise, technological change accelerates, and public expectations of the state grow, the law is increasingly at the center of decision-making. At the same time, however, a problem is becoming increasingly apparent: a lack of leadership within the legal community, where, at critical moments, it is not legal knowledge that is lacking, but the courage to act.

It is precisely these uncomfortable questions that “LAW FORUM 2026” raises, as it seeks to become a platform for open dialogue on the role of legal professionals in today’s world. The event’s goal is to bring together lawyers, judges, prosecutors, in-house counsel, notaries, bailiffs, public sector representatives, and business leaders for a joint discussion on how to strengthen legal professionals’ leadership and their influence in society.

“Today, we still face a lack of leadership where it is needed most. Lawyers are one of those professional groups that not only possess important skills and knowledge of the foundations of the rule of law, but also have the opportunity to influence the processes of the state and society. That is why it is very important that they decide to take responsibility and initiative to act at critical moments for the state,” says one of the forum’s speakers, former President of the Republic of Lithuania Dalia Grybauskaitė.

She emphasizes that the role of a lawyer today is not limited to interpreting legal norms—it involves actively shaping the direction of the state and fostering public trust in institutions.

The conference will address topics that reflect the common challenges currently facing all legal professions: leadership and responsibility among lawyers, the changes brought to organizations by new generations of lawyers, their career expectations, reputation and authority, as well as issues of diversity, tolerance, and professional awareness.

The event will be attended by prominent figures from the fields of law, politics, and business, both from Lithuania and abroad. Among them are John Swords, NATO’s Senior Legal Adviser and Director of the Office of Legal Affairs; Ivan Mishchenko, a judge of the Supreme Court of Ukraine; Danguolė Bublienė, President of the Supreme Court of Lithuania and Chair of the Judicial Council; and Antanas Aleknavičius, Head of the National Cyber Security Center.

Particular attention will be paid to the role of artificial intelligence and advanced technologies in the legal field—not merely as tools for increasing efficiency, but as a fundamental factor transforming the very nature of the legal profession. The discussions will address questions such as whether lawyers today are adapting quickly enough to the solutions generated by AI, how to responsibly integrate them into practice, and where to draw the line between the possibilities of technology and professional responsibility.

The organizers aim to create a space where different perspectives come together not in a formal conference setting, but in a lively dialogue about practical solutions and responsibility.

It is hoped that the forum will mark the beginning of an ongoing dialogue that encourages the legal community to become more actively involved in the life of the state and society.

The conference is organized by the consulting agency “Good to know” in collaboration with its event partners: the Supreme Court of Lithuania, the Lithuanian Bar Association, and the Faculty of Law at Vilnius University. The event is sponsored by the law firm AVOCAD.

The conference will take place on October 15. For more information about the event, visit: https://lawforum.lt/

AVOCAD Becomes the Legal Partner of FK Jonava

The law firm AVOCAD has become the official legal partner of the FK Jonava soccer club. The goal of the partnership is to strengthen the legal certainty of the club’s operations, contribute to the organization’s growth, and assist in resolving day-to-day legal issues that arise in the sports industry.

Egidijus Langys, managing partner and attorney at AVOCAD, says that this partnership is a natural step that continues the firm’s connection with Jonava and its sports community. “We have felt a close connection with Jonava for many years—it is a modern, growing, and vibrant city where we see a strong community and ambitious businesses. We are delighted to contribute to the city’s sports initiatives: we support basketball, and today we are also becoming the legal partners of FK “Jonava.” We believe that sports, like business, require strategy, discipline, and a strong team both on and off the field,” says E. Langys.

According to him, it is particularly important for the AVOCAD team to be close to regions that are driving change and demonstrating a commitment to growth. “Jonava stands out today for its breakthroughs, modern outlook, and active business community. It is important for us to be part of this growth and to contribute our expertise where value is being created for the city and its people,” says E. Langys.

Andrius Krasinskas, the head of FK Jonava, notes that professional sports today are inseparable from legal proceedings, which is why strong partners are crucial to the club’s day-to-day operations.

“Modern soccer is about more than just the game on the field. Clubs face a variety of legal issues: contracts, partnerships, organizational processes, and sports regulations. Having professional lawyers on hand means greater peace of mind and confidence when making important decisions. We are delighted that AVOCAD is joining our team,” says the head of FK Jonava.

AVOCAD actively collaborates with Lithuanian business and sports organizations and consistently supports initiatives that foster a sense of community, leadership, and professionalism.

Used agricultural machinery with hidden defects: does the farmer have the right to make a claim against the seller? 

In Lithuania, it is common to sue used car dealers who have sold cars with hidden defects. However, sellers of used agricultural equipment receive significantly fewer complaints from farmers, even though such equipment is also prone to failure. Mantas Baigys, a lawyer at the AVOCAD law firm, explains the legal and practical factors that determine this difference.

According to him, farmers often encounter dishonest sellers, but few seek justice. "Agricultural equipment is often sold with hidden defects, but buyers do not take any action because they believe that they are buying used equipment and must assume all the risks associated with its defects," notes the lawyer.

The laws in force in Lithuania establish a general rule – the seller has a duty to guarantee to the buyer that the goods comply with the terms of the contract and that, at the time of conclusion of the contract, there are no hidden defects in the goods that would render them unfit for the purpose for which the buyer intended to use them, or which would reduce the usefulness of the item to such an extent that the buyer, had they been aware of these defects, would not have purchased the item at all or would not have paid as much for it.

According to the lawyer, the seller, having information about the condition or characteristics of the item being sold that is relevant to the conclusion of the contract, and performing the obligation to ensure the quality of the item, acting in good faith, must disclose this information to the buyer, regardless of whether the buyer requests such information. Failure to provide this information to the buyer shall be considered dishonesty on the part of the seller," emphasizes Mantas Baigys.

Therefore, agricultural machinery, like cars, is subject to the same legal regulations, and farmers have the same rights to defend their interests if agricultural machinery with hidden defects has been purchased and cannot be used for its intended purpose.

How long do I have to make a claim to the seller?

When the warranty period or suitability for use of an item is not specified, the buyer may submit claims regarding defects in the item within a reasonable period of time, but no later than two years from the date of transfer of the item, unless a longer period is provided for by law or contract. This position is also upheld in the practice of the Supreme Court of Lithuania.

What can you demand from the seller?

The farmer may demand that the seller: 1) remedy the defects in the item free of charge (repair the item); 2) to replace the item of inadequate quality with an item of adequate quality free of charge; 3) to reduce the price accordingly; 4) the buyer also has the right to unilaterally terminate the contract and demand a refund of the price paid.

Lawyer Mantas Baigys also notes that in each case, it is necessary to first assess the causes of the defect, the cost of repairing it, and other circumstances, and only then decide which method of legal redress is the most effective and fairest.

What does a farmer need to prove when purchasing substandard agricultural equipment?

The farmer must prove that the item sold is of inadequate quality, i.e. that it cannot be used for its intended purpose, that it does not meet the quality requirements for items of this type, and that at the time of purchase he was not aware and could not have been aware of the defects in the item sold.

"If you suspect hidden defects, it is advisable to immediately contact service providers or specialists who can assess the cause of the defect and record it in a written document," advises the lawyer.

Meanwhile, the seller may avoid liability if he proves that the defects in the item arose after the transfer of the items to the buyer due to the buyer's violation of the rules for use or storage of the item, due to the fault of third parties or due to force majeure.

Can a farmer recover other costs related to defective agricultural machinery?

Expenses incurred by the buyer—legal expenses, transportation costs, expert fees, etc.—are classified as losses and may be compensated in accordance with the general procedure, provided that all conditions of civil liability are proven.

"The general recommendation is to document all expenses incurred with written evidence (e.g., invoices) so that they can be proven in court in the event of a dispute," says M. Baigys.

Farmers have the same rights and opportunities to defend their violated rights when purchasing poor-quality agricultural machinery, but in many cases they become hostages to the situation when they rely solely on the assurances of the sellers themselves that the legislation does not provide farmers with any means of legal protection, so it is recommended in all cases to consult with professionals in this field.

 

The court is not a document repository; there are limits to the scope of evidence 

Civil procedure is based on clear logic: the court only examines evidence that is relevant to the specific dispute. The Code of Civil Procedure stipulates that only evidence that confirms or refutes circumstances relevant to the case is admissible. At first glance, this seems like a simple and rational rule. However, in practice, the opposite often happens—the essence of the case gets lost in a sea of documents, and the process of proving the case turns into a complex procedural maze. As noted by Dainius Antanaitis, a lawyer with the AVOCAD professional association of lawyers , it is at this stage that the problem of the limits of proof most often becomes apparent.

"Evidence in a civil case is not just any information. It is only data about the circumstances that constitute the subject of proof. The latter includes legal facts with which legislation associates the emergence, change, or termination of the disputed legal relationship, as well as facts on which the parties' claims and counterclaims are based and other circumstances necessary for the application of substantive law," the lawyer notes, citing the practice of the Supreme Court. According to Dainius Antanaitis, proving a case in civil proceedings is not a process of gathering or archiving information. "Its purpose is to help the court establish specific, legally relevant facts on which the correct decision depends," says the AVOCAD lawyer.

In every civil case, the subject of proof depends on what right or legitimate interest the claimant is defending. In debt cases, the existence of an obligation and its non-fulfillment are proven; in cases of compensation for damages, unlawful actions, the fact of damage, causal link, and fault are proven; in cases of contesting transactions, the grounds for invalidating the transaction are proven, etc. This means that only evidence that can logically confirm or refute these circumstances should be admitted to the case.

According to the lawyer, in practice, lower courts encounter different styles of adjudication. "In most cases, courts comply with the requirements of the Code of Civil Procedure and, already at the stage of admitting evidence, help the parties to the proceedings not to get lost by refusing to accept material unrelated to the dispute. However, there are also cases where documents or other information are accepted into the case that have no logical connection with the subject matter of the evidence, either as a whole or in separate parts," notes the lawyer. In such cases, the case becomes overloaded with a large amount of material that has no added value for the proper resolution of the dispute. As a result, the court, which is already facing a heavy workload, is forced to spend time analyzing documents that are not relevant to the case.

"When the process turns into information storage rather than purposeful evaluation of facts, the efficiency of the process suffers, and as a result, the parties to the case are forced to wait unreasonably long," notes attorney D. Antanaitis.

Additional challenges arise when, at the request of one party, the court requests documents from the other party to the case. This instrument is particularly important in cases where one party is objectively unable to obtain relevant evidence held by the other party. However, practice shows that this procedural measure is sometimes misused.

There are situations where requests to obtain documents are based not on the desire to prove specific circumstances of a dispute, but on the desire to obtain information that could become the basis for a new dispute or allow access to data that could not be obtained by legal means. In such cases, if the court does not critically assess the connection between the request and the subject matter of the evidence, it may indirectly contribute to the unfair use of the process.

"The court should not become a means of intelligence gathering or testing hypothetical assumptions. Civil proceedings are intended to resolve legal disputes that have already arisen, not to create conditions for gathering information for possible future lawsuits," emphasizes D. Antanaitis.

This position is consistently upheld by higher courts. Appeal practice has clearly established that documents are only requested when they are directly related to the subject matter of a particular case. If a lawsuit is filed solely to verify whether rights may have been violated in general, such procedural conduct is considered flawed. The court is not an institution designed to collect data or verify assumptions—its purpose is to restore the violated legal balance and resolve the actual dispute.

This practice reminds us once again that the provisions of the Civil Procedure Code regarding the admissibility of evidence are not a mere formality. They are an essential procedural guarantee that protects the interests of both the court and the parties to the proceedings and ensures that the search for justice does not get lost in the maze of evidence.

 

The participation of the victim in administrative proceedings is a prerequisite for a fair decision. 

There are things that should be as well known in law as two plus two is in mathematics. One of them is the participation of the victim in administrative proceedings – a necessary condition for a fair decision. In cases of administrative offenses, it is not enough to formally recognize the rights of the victim—they must be effectively enforced. The mere fact that a person is designated as a victim does not mean that they had a real opportunity to exercise their procedural rights. According to Domantas Velykis, a lawyer with the AVOCAD professional association of lawyers, court practice clearly states that if the victim does not have a real opportunity to participate in the proceedings, such a case cannot be considered lawful.

This position is consistently supported not only by the provisions of the Code of Administrative Offenses, but also by the interpretations of the Supreme Court of Lithuania. According to the lawyer, it is first necessary to understand the concept of a victim in administrative proceedings. The Code of Administrative Offenses establishes that a victim in an administrative offense case is a natural person who has suffered physical, material, or non-material damage as a result of an administrative offense, or a legal person who has suffered material or non-material damage as a result of an administrative offense. It should be noted that such a person who has suffered damage acquires the status of a victim during the investigation or examination of an administrative offence, i.e. is recognised as a victim by a protocol or decision of the authority investigating and examining the administrative offence, or by a court ruling.

According to Domantas Velykis, the aforementioned code establishes a very important list of victims' rights in the proceedings, which includes, among other things, the right to participate in the oral proceedings and give evidence, submit documents and items relevant to the case, to file motions and challenges, to appeal procedural decisions in accordance with the established procedure, etc.

It is on the basis of these rights that very important obligations of the court are enshrined in legal regulations. The practice of the Supreme Court of Lithuania has clarified that these norms oblige the court to inform the victim of the time and place of the hearing, as well as of the procedural decision taken, thus ensuring the victim's right to participate in the oral proceedings and to give evidence, to appeal against the decision taken in accordance with the established procedure, and to exercise other rights.

According to an AVOCAD lawyer, the European Court of Human Rights has also ruled on these obligations. Its established practice consistently emphasizes the principle of equality of the parties to the proceedings, which is an integral part of the broader concept of fair trial. This principle requires that each party should have an accessible and real opportunity to present its case in such a way that it is not placed at a significant disadvantage compared to its opponent. The principle of equality of the parties would be meaningless if one of the parties were not informed of the court hearing in such a way as to enable it to participate in the hearing and exercise its rights under national law, while the other party effectively exercises those rights.

Summarizing these legal provisions and court practice, lawyer Domantas Velykis reminds us that a necessary condition for examining an administrative offense case is the participation of the victim (if there is one in the case) in the court hearing, or at least that person's knowledge of the time and place of the court hearing.

"If the court violates these obligations and fails to notify the victim about the hearing of the case, i.e., if the case is heard without the victim's participation because he or she was not properly informed about the time and place of the hearing, there are significant legal consequences, which are clearly stated in the practice of the Supreme Court of Lithuania," notes the AVOCAD lawyer.

As an example, he cites a case in which a car driver who violated a "give way" road sign collided with a cyclist and caused minor injuries. The administrative offense investigation authority ruled that the cyclist was the victim, but the district court, when examining the driver's appeal, did not inform the victim about the hearing and examined the case without him being present. The Supreme Court found a fundamental violation of the Code of Administrative Offenses, which restricted the victim's right to be heard, and overturned the district court's decision, referring the case back for retrial.

A similar position was taken in another case where a driver hit a pedestrian and fled the scene of the accident. Although the pedestrian was recognized as the victim, the district court did not inform him of the hearing and terminated the administrative proceedings. In this case, the Supreme Court of Lithuania also found that the proper court proceedings had not been ensured, the victim's rights had been restricted, and the decision was unlawful, and therefore the case was remanded for retrial.

Thus, according to AVOCAD's lawyer, this practice clearly shows that in cases of administrative offenses, it is not enough to formally recognize a person as a victim. What is essential is the real opportunity to participate in the process, to be informed, to be heard, and to exercise the rights granted by law. Otherwise, the court decision risks being overturned as having been made in violation of fundamental principles of due process.

The Supreme Court of Lithuania has clarified that termination of a service contract in an administrative building is not a decision of a single owner. 

When a business operating in an administrative building wants to terminate a contract for the maintenance of common areas, it often seems that one decision is enough – the contract is open-ended, notice of termination has been given, and an alternative service provider has already been selected. However, in practice, such a decision often comes up against the will of other owners of premises in the building: services are provided for the entire building, common property is indivisible, and there is no joint decision. It was precisely this situation that the Supreme Court of Lithuania assessed and concluded that the right to terminate such a contract is not absolute.

The Supreme Court of Lithuania (hereinafter referred to as the SC) issued a new important ruling in a civil case and stated that a co-owner of an administrative building does not have the right to unilaterally terminate a contract for the maintenance of common use objects without the unanimous decision of all co-owners.

According to Mantas Baigys, a lawyer from the AVOCAD law firm representing the party in the case, this decision highlights a very important rule: the right to terminate a service contract is not absolute in all cases, especially when the contract relates to the maintenance of common property and affects the interests of all co-owners.

"The newly formulated rule of the Supreme Court shows that a person's right to terminate a service contract cannot be exercised under any circumstances," says lawyer M. Baigys.

The case dealt with whether the owner of premises in an administrative building could unilaterally terminate individually concluded open-ended maintenance service contracts if there was no joint decision by all owners (co-owners) of the premises to change the administrator and terminate the contractual relationship.

The Supreme Court upheld the findings of the lower courts and emphasized that in relationships of this nature, the specifics of joint partial ownership and the decision-making procedure of co-owners in administrative buildings are of decisive importance. The ruling highlights several important points:

  • In administrative buildings (where most of the space is non-residential), decisions on the management of common property are essentially linked to the agreement between the co-owners.
  • Although the Civil Code allows for the termination of an indefinite contract, this rule must be applied after assessing whether the law or contract imposes any restrictions. The Supreme Court emphasized that restrictions in the administration and supervision of joint property are determined precisely by the co-owners acting "as a single owner" in relations with third parties.
  • When the subject matter of the contract covers the maintenance of all common areas (rather than a separate part thereof) and all co-owners have concluded a similar contract, such agreements may be regarded, in terms of their content, as a single joint agreement, which may only be amended or terminated by a joint decision.

According to AVOCAD lawyer Kamilė Šemeklytė, who represented one of the parties in the lower courts in this case, this court ruling is particularly important for owners and administrators of commercial and administrative buildings. This is especially true when some owners want to change service providers but there is no consensus, when services are actually provided to the entire building, so "disconnection" may have consequences for others; when questions arise as to whether a unilateral notice is sufficient to terminate the contract.

"The Lithuanian Supreme Court's ruling in this situation is focused on balancing interests and ensuring the continuity of joint property management until the co-owners reach a joint decision or establish rules for use," the lawyer emphasises in her commentary on the ruling. This decision of the Supreme Court of Lithuania is final and not subject to appeal.

Lithuanian lawyer to head international CICERO lawyers' league

Attorney Jonas Zaronskis, founder and partner of the AVOCAD law firm, has been serving as presidentof the Cicero League of International Lawyers since the beginning of this year. This is a significant international recognition for both the attorney himself and the Lithuanian legal community.

AVOCAD became a member of this international organization back in 2014. From the very beginning of his membership, J. Zaronskis' involvement in the organization's activities has been consistent, active, and purposeful, going well beyond the limits of formal participation. Over the course of nearly a decade, he has contributed significantly to the growth of the league, the strengthening of relationships between members, joint professional initiatives, and the creation of an international community culture. In 2023, J. Zaronskis was elected to the CICERO board, where he continues to work and will continue in his new position as president.

One of the most important stages in the relationship between AVOCAD and CICERO was the selection process to become the sole representatives of Lithuania in the league. This process was distinguished by exceptionally high quality standards: the firm's activities were personally evaluated during a two-day audit by the then CICERO president Peter Munday, who observed internal work processes, team performance, and the quality of legal services provided. This experience clearly confirmed that quality is not just a declarative value in the CICERO league – it is a standard applied in everyday activities.

Today, this organization brings together more than 45 internationally recognized independent law firms, and its community of members is based on trust, professionalism, and personal connections. J. Zaronskis knows many of the league's members not only professionally, but also personally, which ensures fast, direct, and extremely high-quality legal assistance to clients around the world.

As president of CICERO, Jonas Zaronskis is responsible for the strategic direction of the league, coordinating the work of the board, strengthening cooperation among members, overseeing the selection process for new members, ensuring the highest professional and ethical standards, and representing the league in international professional forums. The president also plays an important role in strengthening the organization's visibility, reputation, and long-term value for its members.

“Being the sole representatives of CICERO in Lithuania and, after almost 10 years of membership and strong, consistently nurtured relations, accepting the position of president is a great honor and responsibility not only for me, but for our entire team,” notes the lawyer.

This appointment marks an important milestone not only in J. Zaronskis' professional career, but also in the development of AVOCAD as a whole. It reaffirms AVOCAD's consistent commitment to building sustainable international relationships, operating in the global legal market, and adhering to the highest professional standards.

The Cicero League of International Lawyers was established in 2013 in the United Kingdom as a network of independent international law firms, aiming to bring together high-quality legal service providers and promote their cooperation around the world.

 

Who is responsible for snow removal in apartment buildings?

With the weather turning colder in Lithuania, the long-awaited snow has finally returned. Unfortunately, along with the opportunity to enjoy winter scenes outside the window, large amounts of snow also cause practical problems – from clearing snow from the roofs of houses to slippery sidewalks and courtyards. The question of who is responsible for clearing snow from apartment buildings and who is liable for any incidents that may occur is becoming particularly relevant.

Rokas Puodžiūnas, a lawyer at the AVOCAD professional association of lawyers , comments on such situations , pointing out that responsibility for snow removal and territory maintenance arises not "from habit" but directly from legislation.

The Civil Code stipulates that owners (users) of apartments and other premises must manage, properly maintain, repair, or otherwise take care of common use objects. This means that apartment owners are only responsible for those objects that belong to them under common partial ownership.

In this case, apartment owners are responsible for taking care of the land plot that is assigned to the multi-apartment residential building in accordance with the procedure established by law, i.e., when the land plot is formed and transferred to the owners of the building for management.

To manage the common areas of an apartment building, the owners of apartments and other premises establish an association, enter into a joint activity agreement, or select an administrator for the common areas. However, as the lawyer points out, regardless of the form of management chosen, the obligation to take care of and maintain the allocated land plot, including snow removal, remains:

  • The chairperson of the community is responsible for the use and management of the common land plot in accordance with the requirements of laws and other legal acts.
  • the administrator of common use objects, in accordance with the laws and regulations governing the use and maintenance of buildings, their engineering systems, and potentially dangerous equipment, maintenance of land plots, organizes technical maintenance of the building, maintenance of land plots used and managed by the owners of premises on the basis of common partial ownership or other grounds established by law;
  • The joint activity agreement aims to establish the common rights, obligations, and interests of the owners of premises in a multi-apartment building in relation to the management, use, and maintenance of the building's common areas and the land plot assigned to the building in accordance with the procedure established by law.

Therefore, the fundamental rule is as follows: the owner of the land plot is responsible for keeping the courtyard of an apartment building clean and tidy. Accordingly, the manager of the common areas of the apartment building (the community, owners operating under a joint activity agreement, or the administrator) is only responsible for the land plot that has been assigned to them and transferred to their management. This obligation is established not only by the Civil Code, but also by subordinate legislation. If the land plot is not assigned to the apartment building or has not been transferred to the apartment owners for management, the municipality is responsible for its maintenance. In such a case, it is the municipality that is responsible for organizing snow removal, reducing slipperiness, and other maintenance work in the area.

When it comes to the maintenance of apartment building roofs, the situation is even clearer. If snow accumulates on the roof or icicles form that could pose a threat to the health or property of passers-by, the building owner or owners are responsible for taking care of this. This is considered one of the essential duties for the safe operation of a building.

Building maintenance requirements are detailed in the technical construction regulation STR 1.07.03:2017 and other legal acts. For example, this regulation clearly states that snow and ice must not accumulate on the walls, skylights, windows, and other vertical surfaces of buildings. If snow or ice does accumulate, it must be removed from the surface of the building at a distance of at least 2 meters.

In addition, the regulation requires the periodic removal of snow, water, dust, and other debris accumulated on the building and its structures. It also establishes an obligation to regularly clean dust, grease, and other contaminants from heating, ventilation, water supply, sewage, and other engineering systems and equipment in order to ensure the safe and proper operation of the building. Failure to maintain the roof during the winter period and ensure a safe environment may result in civil liability if damage is caused to another person or property as a result.

The Civil Code stipulates that damage caused by defects or collapse of buildings, structures, or other constructions must be compensated by the owner or manager of these objects, unless it is proven that the damage was caused by force majeure or the victim's own intent or gross negligence. The manager is considered to be the person who has the object in their possession and who is entrusted with its operation, maintenance, or management, regardless of whether they are formally considered the owner.

Case law consistently confirms that one of the essential objectives of building maintenance is the obligation to ensure that snow and ice do not accumulate on the walls, windows, skylights, and other vertical surfaces of buildings, and that any accumulation is removed in a timely manner to avoid danger to people and property. In its systematic assessment of the applicable legal regulations, the court recognized that the administration of a residential building includes not only the removal of icicles, but also the removal of snow from the roof, even if this obligation is not directly specified in separate provisions, as it arises from the general obligation to ensure the safe use of the building and its structures, and therefore the building administrator is considered to be the manager of the residential building.

In this particular case, it was established that the administrator had failed to properly perform his administrative duties, had not ensured the safe use of the common structures of the apartment building, and had not cleared snow and ice in a timely manner. As a result, snow and ice falling from the roof of the building damaged the resident's car. Since all elements of civil liability were proven and the defendant failed to prove circumstances that would exempt him from liability, the court awarded damages to the victim. It should be noted that the car was parked in a prohibited or obviously dangerous place, and the amount of damage was not disputed in the case. For these reasons, the decision on compensation for damages was considered justified.

Therefore, residents should contact the entity responsible for the maintenance of specific objects in cases of unplowed roads or unbroken icicles. The municipality is responsible for the courtyards of apartment buildings where no land plots have been formed and their management has not been transferred to the owners of the apartment building. If a land plot has been formed and transferred to the management of the building owners, it must be maintained by the entity through which the apartment owners exercise their rights – the building community, the owners operating under a joint activity agreement, or the building administrator. In all cases, the building owner should be contacted regarding the maintenance of the building's roofs.

 

AVOCAD continues its Christmas tradition – instead of business gifts for customers, it supports SOS Children's Villages Lithuania

The biggest changes often start with a small push. Sometimes it's the belief that you can do it. This first push may be a conversation with a psychologist who helps you understand your feelings. Sometimes it's a cozy family dinner where you feel safe and cared for for the first time. And sometimes it can be a club where you finally discover yourself: music, sports, creativity. Such things, which may seem small at first glance, can become a cornerstone of change in the life of a child or teenager from a difficult environment.

AVOCAD believes that every person, even if they are just starting to climb the ladder today, deserves support and a chance. That is why we choose to support not only those who have already reached the top, but also those who are still climbing—children and teenagers who most need to believe that they can do it," says Egidijus Langys, managing partner of the AVOCAD law firm.

According to him, this initiative has already become a beautiful Christmas tradition. "For many years, we have been allocating funds intended for business gifts to support those who need it most today. Every year, we see that this idea inspires other businesses to do the same. Sharing light is the best gift we can give," says the lawyer.

This year's gift budget is allocated to SOS Children's Villages Lithuania's "Gerumo krautuvėlė" (Kindness Store) – an initiative that allows everyone to contribute to the well-being of children and adolescents by giving them not a gift, but an opportunity.

According to Rasa Zaidovaitė, program manager at SOS Children's Villages Lithuania, every year this initiative gives teenagers the opportunity to attend clubs of their choice, receive psychological help, or experience their first lessons in independence. "Even insignificant support becomes a springboard that leads to big changes," says the representative.

Rasa Zaidovaitė cites the story of a girl named Ilona as an example. "She came to the day center when she was ten—calm, but full of anxiety. Having grown up in a violent environment, she had nothing she could call security. The day center became her haven—a place where she could bathe without fear for the first time, ask for help, and hear that she was worth more. Today, Ilona is 20, working and living independently. As she herself says, the opportunity to escape was her second birth," says the program manager of SOS Children's Villages Lithuania.

Another story is that of Jonas. "When he first appeared at the window of our center, he was six years old. He knocked on the glass and looked inside—curious, but quiet. His father had died, and his mother was raising three children on her own. They lacked everything—food, warmth, attention. Today, Jonas is fourteen. He attends clubs, works hard at school, and looks forward to Fridays, when he can choose a gift for his family at the children's day center "store" for doing good deeds. He says that this is his home. Here, people listen to him and believe in him. That belief is the essence of our mission," says Rasa.

According to her, it is precisely such stories that remind us why support is more than just financial assistance. It becomes an opportunity—a new starting point from which a life without fear begins.

The AVOCAD professional association of lawyers invites other businesses and individuals to join this initiative and visit the Kindness Store and together give someone a chance for a new start in life.

The AVOCAD law firm not only provides a wide range of legal services to businesses, but also actively supports social initiatives that promote education, the inclusion of children and young people, and conscious business responsibility.

We are attaching a video clip of this social campaign.

Social initiatives – video.