For Emergencies And Exceptional Condition

Original Language Title: Par ārkārtējo situāciju un izņēmuma stāvokli

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Read the untranslated law here: https://www.vestnesis.lv/op/2013/61.1


The Saeima has adopted and the President promulgated the following laws: For emergencies and exceptional situation in chapter I General provisions article 1. The purpose of the law the purpose of the Act is to provide a national security threat to the country. 2. article. Operation of Law Act lays down the procedures for the tendering and special legal regime — emergency or exceptional situation – as well as Government and local government bodies, natural and legal persons, their limitations, specific duties and ensuring the rule of law the legal regime in force. 3. article. Special legal regime in force at the time and its legal consequences (1) all decisions and orders adopted in emergency or exceptional condition, lapse at the emergency or exceptional condition or these specific legal regimes within the time-limit set. (2) the public authorities do not have the right to reject the claims of individuals against the State for damages, if any, in connection with the emergency or exceptional condition, the grounds for rejection under a special legal regime.
Chapter II, article 4 of the emergency. Emergency and its notification (1) of the emergency is a special legal regime, during which the Cabinet has the right in accordance with the procedure laid down in the law and to the extent of limiting government and local government bodies, natural and legal rights and freedoms of others, as well as to impose additional obligations on them. (2) the emergency may invite the public in the event of danger associated with disasters, the threats or risks to critical infrastructure, if significantly compromised State, society, the environment, economic security or human health and life. 5. article. The Cabinet of Ministers the right to promulgate emergency (1) emergency opening a Cabinet for a certain period of time but not longer than three months. (2) the decision on the promulgation of the emergency (hereinafter decision on emergency) Cabinet of Ministers cancels before the particular time, if the country risk is prevented or overcome. The decision on the abolition of the emergency cabinet Announces Parliamentary Bureau. (3) depending on the type of public exposure intensity and character, as well as changes in the size of the territory threatened, the Cabinet made the decision on the amendments to the emergency situation. The Cabinet has the right, if necessary, be extended once announced emergency for a period of not more than three months. 6. article. Request to promulgate emergency (1) the promulgation of the emergency may require: 1) crisis management Council; 2) about the industry responsible Ministry; 3) Municipal Council. (2) a decision to require the promulgation of the emergency in the first part of this article the said institutions have the obligation to inform: 1) in the territory of the local government, which planned to announce the emergency; 2) Ministry, as is appropriate to the emergency measures. 7. article. The area in which put extreme situation, depending on the type of hazard, state effort and character, as well as the size of the territory threatened emergency cabinet may announce a: 1) throughout the country; 2) part of the country; 3) administrative area. 8. article. Cabinet right by the emergency (1) Issued an emergency situation, the Cabinet has the right to determine: 1) special arrangements for the movement and gatherings or movements and gatherings; 2) special arrangements for vehicles or restrictions of this movement; 3) special operating procedures or restrictions of this action; 4) specific procedures, drugs, energy goods, services and other facilities of the availability of resources; 5) Government and local government bodies empowered to take a decision on the people and their property, as well as evacuation, if needed, to ensure compliance with the decision adopted by the forced relocation; 6) Government and local government bodies rights officials to enter private property; 7) Government and local government bodies officials additional rights to detain and hand over the bodies of law enforcement officials for adoption to individuals who will not obey the legitimate requirements of officials or commit other offences; 8) the public administration and local authorities the right to impose a prohibition on persons placed in certain areas without special permission or identity documents; 9) Government and local government bodies, which prepares and disseminates official information about the emergency situation; 10) international treaties enforcement of obligations the suspension, in whole or in part, if it may negatively affect the national risk prevention or management capabilities. (2) emergency, announcing the Cabinet in addition to the first part of this article, those rights are the right to determine the specific emergency measures necessary in the country risk and its consequences, or to overcome laws, as well as Government and local government bodies national expertise in the prevention or management of risks. 9. article. Decision on emergency (1) the decision on emergency State: 1) notification of emergency reasons; 2) time to issue it; 3) area where the emergency is declared; 4 institutions and jointly responsible), as well as their specific mandate; 5) resources are used; 6) natural and legal persons for limitations to the rights; 7) Government and local government bodies for specific duties, tasks and rights; 8) decision on emergency distribution arrangements; 9) other information according to the type of public exposure intensity and nature, as well as the endangered areas. (2) the Cabinet of Ministers, the decision about the emergency, can determine the international organizations and countries, which shall be informed of the emergency and its reasons, opened in the area in an emergency, and the time that it opened. (3) a decision on the emergency or amendments to decision on emergency, if you need additional restrictions on the right of territorial or, as well as the announced the extension of the emergency cabinet within 24 hours after making the Parliamentary Bureau. (4) the public electronic media for free publicity for the decision of the emergency, as well as other information about the emergency situation and recommendations for action of citizens, under the Cabinet of Ministers and the conditions of the institution responsible for providing information and urgency. 10. article. Parliament's competence to decide on the merits of the emergency (1) Presidium of Saeima, Cabinet of Ministers decision on emergency or on the amendments to decision on the emergency, which establishes additional territorial restrictions or rights, as well as the announced extension of the emergency immediately include the parliamentary meeting agenda. (2) If the first paragraph of this article, the Saeima rejected, the decision shall cease to be in force and in accordance with the measures introduced are cancelled immediately.
Chapter III derogation Article 11. Notification of the State of exception conditions (1) the State of exception is a special legal regime that is to be put, if: 1) national threat external enemy; 2) country or a part thereof is protruding or threatens to break out internal disturbances that threaten democratic polity. (2) in exceptional condition allows you to the maximum extent permitted by law and in order to limit the physical and legal rights and freedoms of others, as well as to impose additional obligations on them. (3) in exceptional situation issued by the Cabinet of Ministers. 12. article. Exceptional State of tender (1) in exceptional condition can be promulgated throughout the State or in a part thereof. (2) in exceptional condition advertised for a certain period of time but not longer than six months. (3) the decision on the derogation or amendments to decision on exceptional situation, if you need additional restrictions on the right of territorial or, as well as the exceptional situation in the announced extension of the cabinet within 24 hours after making the Parliamentary Bureau. (4) the Cabinet has a duty, depending on the type of risk of the country, its intensity and character, as well as the size of the territory threatened changes amend the decision on the derogation. (5) Cabinet of Ministers decision on the derogation shall be repealed before the particular time, if the country risk is prevented or overcome. (6) the cabinet shall have the right in exceptional situation calls for extended — each time for a period of not more than six months. (7) the Cabinet meeting shall participate in the Ombudsman or his authorized officer who expressed views on the matter. 13. article. The decision on the State of exception

(1) the decision on derogation: 1) exceptional status notification cause; 2) exception condition the entry into force and the time that it issued; 3) the territory in which the exception state is announced; 4) measures intended to implement the derogation in time to prevent or overcome the public hazards and ensure public order and safety; 5) natural and legal persons of the rights and freedoms the limitations or additional duties; 6) on the State of risk management in the public administration and local government bodies the powers and tasks; 7) order in which the information on the national risk management course to be provided to the President, the Parliament and the Attorney General; 8) direct State administration and the derived public person subordinated to institutional (if you need to change it). (2) the Cabinet of Ministers to decide in exceptional condition can be determined in international organisations and countries, which shall be informed of the State of exception and the reasons for it, the area where the State of exception has been declared, and the time that it opened. 14. article. Parliament's competence to decide on the merits of exceptional condition (1) Presidium of Saeima, Cabinet of Ministers decision on the derogation or for the amendment of the decision on the derogation, which establishes additional territorial restrictions or rights, as well as the extension of the State of exception declared immediately include the parliamentary meeting agenda. (2) If the first paragraph of this article, the Saeima rejected, the decision shall cease to be in force and in accordance with the measures introduced are cancelled immediately. 15. article. Information about the State of exception (1) the decision on the derogation or amendments to decision on the derogation, as well as the extension of the State of exception or waiver shall promptly forward the notification to the electronic media, publish local website on the internet and placed in visible locations at State Government and local government bodies, as well as ensure the building official electronic publication online on the internet. (2) the public electronic media free announce a decision on the State of exception, as well as other information about the exceptional situation and recommendations for action of citizens, under the Cabinet of Ministers and the conditions of the institution responsible for providing information and urgency. 16. article. Public administration subordinated to the exceptional status (1) If this is necessary for national security and national defence, during a State of exception, the Cabinet of Ministers may amend the State's direct administration and Benchers derived public person form, change the direct subordination of the administrations of a certain cabinet members, including the monitoring of exposure to replace. (2) Cabinet Member she subordinated and exceptional time the supervision exercised directly or by direct regulatory authority, its departments or officials. Article 17. The Cabinet of Ministers the right to exceptional condition (1) depending on the type of hazard intensity and the nature of the Cabinet of Ministers may establish: 1) special arrangements for entering and leaving Latvia, as well as restrictions on movement and residence; 2 prohibition to persons located) in certain areas without special permission or identity documents, as well as the permanent document checks of persons; 3) specific procedures or restrictions on processions and meetings, pickets, as well as other mass events or organize them; 4) restrictions or prohibition of strike action for the organisation to hold them; 5) limits the person, vehicle and cargo movement across the State border or prohibition of such movements, as well as restore border controls on internal borders; 6) special arrangements for food, essential goods and medical supplies, medicines, alcoholic beverages, fuel and energy, as well as services and other facilities of the availability of resources, including a predetermined population with food supplies, essential goods and medical products; 7) specific procedures or restrictions on weapons, ammunition, special features, explosives, bomb components and pyrotechnic articles, certain hazardous chemical, biological and radioactive substances, including the movement of persons owned weapons, ammunition, special features, explosives, blasting guards and pyrotechnic articles, certain hazardous chemical, biological and radioactive substance withdrawal; 8) strategically important reserves of raw materials and goods, as well as the prohibition of certain categories of goods and raw materials to be exported from the country; 9) Government and local government bodies, which prepares and disseminates official information about the exceptional situation; 10) enhanced public order measures and detention of individual objects; national risk management 11) involved in Government and local government bodies and the mobilized civil defence formations with energy; 12) international treaties enforcement of obligations the suspension, in whole or in part, if it may negatively affect the national risk prevention or management capacity; 13) media; 14) support functions in the host country, taking in the North Atlantic Treaty Organization or the European Union armed forces, as well as environmental, construction and other non-law enforcement activities related to the admission, the armed forces deployment and preparation for national defense needs support; 15) public administration and municipal institutions; 16) specific procedures for the circulation of information by public authorities; the involvement of voluntary population 17) in jobs that require internal unrest or an external military threat posed by the disaster and the relief; the Finance Ministers of the 18) a mandate to change the law on the State budget appropriations for the current year, if Parliament's budgetary and financial (tax) within 24 hours, the Commission has examined the appropriation and not objected to them, as well as to provide financial resources and make payments; 19) the Prime Minister and the Finance Minister's authority to make decisions regarding the law on the State budget for the current year appropriations, if parliamentary budgetary and financial (tax) the Commission 24 hours has not reviewed all of the changes in appropriations. (2) through the State of exception, in addition to the Cabinet in the first paragraph of this article, those rights are the right to determine the specific exception condition requires measures that country risk and its consequences, or to overcome laws, as well as Government and local government bodies national expertise in the prevention or management of risks. (3) the Minister of national defence the financial programming documents in the cases have the right to authorize other officers financial resources and making payments. 18. article. Risk management for the national Government and responsible for local government bodies rights during a State of exception

For the implementation of this law, in article 13, first paragraph, 4, 5 and 6 above, on the State of risk management in national administrations and local authorities, depending on the type of public exposure intensity and nature are eligible: 1) to detain persons who do not obey the legitimate requirements of officials or other irregularities, and put them in institutions of law enforcement officials for a decision; 2) to remove a person owned guns, ammunition, special features, explosives, explosive devices and pyrotechnic articles, certain hazardous chemical, biological and radioactive substances; 3) to get into private ownership (immediately informed the possessor of the immovable property) if necessary to prevent the threat to human life, as well as when needed for national security and national defence; 4) make natural persons and their property, including the evacuation of the forced relocation, if necessary to ensure the physical security of persons and their property, as well as when needed for national security and national defence; 5) take over the holding of the natural and legal persons property (movable and immovable assets), if this is necessary for national security and national defence; 6) stop people and legislation that granted rights (licenses, permits, certificates), and to grant the following rights, if this is necessary for national security and national defence; 7) to expel foreigners if they are putting obstacles in the implementation of the exceptional situation or deal with propaganda, which endangers national security and national defence; 8) control the correspondence, if necessary for national security and national defence; 9) cessation media activities (including seize their production), cancel the electronic media broadcast or relay permissions, as well as suspend and terminate the activities of electronic media, if they distribute threatening national security information or deal with propaganda, which endangers national security and national defence; 10) take the risk prevention measures electronic information space, as well as limiting electronic communications networks and electronic communications to prevent or stop threatening national security information or propaganda, which endangers national security and national defence; 11) broadcasting or retransmission block, to prevent or stop threatening national security information or propaganda, which endangers national security and national defence; 12) take national security and national defense needs in information activities.
Chapter IV and exceptional emergency situation during the allowable limits of the law and administration of Justice adopted decision check article 19. Emergency and exceptional time in permissible restrictions (1) emergency and exceptional time, all natural and legal persons to obey the Government and local government bodies, as well as their legitimate requirements of officials. (2) the emergency and exceptional time management decisions adopted in imposing restrictions and additional responsibilities, must have legitimate objectives, proportionate, non-discriminatory, justified and necessary in each particular country in the event of danger. (3) emergency and exceptional State of precautionary measures to be taken only to the extent necessary for the normalization of the situation. In an emergency and exceptional condition can not be the basis for public and administrative institutions, the mandate of the human rights and freedoms to control the territories in which the legal regime is not enacted. (4) the emergency and exceptional State precautionary measures may not be contrary to international human rights norms that are binding on the Republic of Latvia. (5) in an emergency or in exceptional condition can not be based on the Constitution of the Republic of Latvia to the competence of those bodies. (6) emergency and exceptional time in case infringements of persons in accordance with applicable law. (7) the natural or legal persons whose property (movable and immovable property) transposed in national defence and held national security needs, have the right to appropriate compensation of losses. The Cabinet of Ministers shall determine the order in which people compensated for losses incurred by that person in connection with the acquisition of property for State and local government bodies in the holdings. 20. article. Emergency and exceptional time adopted in administrative justice (1) emergency and exceptional time succeed in the administrative or executive action, an actual disputes and administrative procedure law. The draft decision or appeal shall not suspend it if the decision is directly related to the declared emergency or exceptional situation, as well as in other cases provided for by law. (2) decision that is directly related to the announced emergency or exceptional situation, may be challenged throughout the special legal regime is in force, as well as one month after cancellation of the special legal regime. Other administrative acts or actual action officer within such period may be challenged only if the special legal regime is affected by the lodging of the complaint and the opportunities it can be objectively justified.
Transitional provisions 1. With the entry into force of this law shall lapse by law "exception condition" (Republic of Latvia Supreme Council and Government Informant, 1992, 51/52.nr.; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1994, no. 5; 2003, no. 22; 2006, no. 24). 2. the Cabinet of Ministers until 2013 September 1, issued by Cabinet of Ministers rules of order in which persons eligible losses incurred by that person in connection with the acquisition of property for State and local government bodies in the holdings. The Parliament adopted the law of 7 March 2013. The President a. Smith in 2013 on March 27.