The Kaunas Board of the Special Investigation Service (STT) is conducting a pre-trial investigation regarding possible criminal acts of a corruptive nature pursuing to pass the examinations of Lithuanian Language and Fundamentals of the Constitution required to obtain permanent residence and work permits in Lithuania or another European Union country by foreigners.
Bribery charges were brought against a member of the Kaunas District Examination Commission for Proficiency in the State Language and Fundamentals of the Constitution of the Republic of Lithuania, and graft charges were brought against 5 foreign citizens from Lebanon, Egypt, Iran, Iraq and Nigeria.
According to the data of the pre-trial investigation, the member of the Examination Commission for Proficiency in the State Language and Fundamentals of the Constitution of the Republic of Lithuania enabled foreigners illegally to pass the examinations required to obtain permanent residence and work permits in Lithuania or another European Union country for a bribe. Foreigners allegedly paid a bribe of up to EUR 300 to the member of the Commission for passing the examinations.
The pre-trial investigation was instituted in cooperation with the State Security Department of (VSD). The pre-trial investigation is being conducted by the Kaunas Board. The investigation is led by prosecutors of the Organised Crime and Corruption Investigation Division of the Kaunas Regional Prosecutor’s Office.
In December 2020, after considering another case investigated by the STT regarding the possibilities for foreigners fictitiously to pass the examinations of Lithuanian Language and Fundamentals of the Constitution, the Vilnius Regional Court plead 6 persons guilty of bribery of an intermediary. The court stated that the foreign nationals were enabled, for illegal remuneration, to pass the examinations of Lithuanian Language and Fundamentals of the Constitution fictitiously, without actually passing them – to evaluate their results positively and to obtain certificates that approve passing these examinations required to apply to the Migration Department for permanent residence permits in Lithuania. In total, fines of more than 115 thousand euros were imposed in this case.
In August of this year, the STT repeatedly on its own initiative conducted an anti-corruption assessment of legal acts regulating the examinations of proficiency in the state language and the fundamentals of the Constitution of the Republic of Lithuania and submitted proposals to the Ministry of Education, Science and Sport for the improvement of these activities. The STT has performed an anti-corruption assessment of these activities in 2018, but the proposals provided at that time were not taken into account. After performing the anti-corruption assessment, it was established that the current regulation create conditions for the organisation and conduct of the examinations of proficiency in the state language and the fundamentals of the Constitution of the Republic of Lithuania that are not transparent and resilient to corruption. Due to the gaps in the current regulation, it is possible for the commissions to examine all persons who desire to pass the examinations, and not only persons living, working or studying in the territory of the municipality. Deficiencies in the formation and operation of the examination commission itself were also found, e.g. a relationship of direct subordination between the chairman of the commission and its members is possible, a small mandatory number of the commission members, if the examination is passed by no more than 12 candidates, there is no obligation of rotation or resignation of the commission members. It is also not defined how the supervisory authorities control the activities of the commissions.
