Amendments To The Law "on State And Local Government Financial Resources And To The Prevention Of Waste"

Original Language Title: Grozījumi likumā "Par valsts un pašvaldību finanšu līdzekļu un mantas izšķērdēšanas novēršanu"

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Read the untranslated law here: https://www.vestnesis.lv/op/2012/183.2


The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on State and local financial resources and prevention of wasting" make law "on State and local financial resources and to the prevention of waste" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1995, no. 17; 1997, no. 5; 2001, 24 No; 2002, nr. 14; 2008, 8, 24 no; Latvian journal, 2009, 157. no; 2010, 148 no). the following amendments: 1. Put the name of the law by the following: "public funding of parties and prevent wastage of property law". 2. Replace article 1, the words "State and local governments" with the words "public persons". 3. turn off 1.1 article. 4. in article 2: turn off the title, the words "State and local government"; make first and second subparagraph by the following: "(1) a public entity with its own financial resources and assets lawfully, that is, any action by a public person's financial means and assets comply with external regulations for the intended purposes, as well as the procedures laid down in the laws. (2) If the law of the institution in which the person stores the public funds, public funds of persons is entitled to store only registered in the Republic of Latvia or another credit institution in a Member State of the European Union branch of a credit institution registered in Latvia. This provision does not apply to those public bodies which, under the laws of Latvia is located in foreign countries. " to supplement the article with the third part as follows: "(3) a public person Corporation, a corporation in which a public person part separately or as a whole share capital exceeds 50 percent, as well as the Corporation, in which one or more public person part of the share capital of a corporation separately or as a whole exceeds 50 per cent (the Corporation), its financial means and assets comply with Government equipment statutory public entities business basics as well as for those corporations in this law and other legal obligations and restrictions. A corporation within the meaning of this law is not a private person. " 5. Make article 3, introductory paragraph by the following: "public persona, as well as a corporation with the financial means and the stuff useful, it is:". 6. Article 4: replace the second paragraph, the words "local authorities, State and local authorities, enterprises" with the words "public person and the Corporation"; replace the third subparagraph in paragraph 1, the words "in the State, a municipality or a State or local authorities" with the words "public person or public persons"; replace the fourth, fifth and sixth paragraph, the words "national or local authorities" with the words "public persons". 7. in article 5: replace the title, the words "State and local governments" with the words "public persons"; make the first part as follows: "(1) the public people in the forbidden to put an individual or Corporation a royalty-free use."; turn off the second part of paragraph 1 and 2; replace the second part of paragraph 2.1, the words "public authority" with the words "public persons"; to turn off the second paragraph 2.2, paragraph 3 and 4; replace the second paragraph in point 4.1, the word "municipality" with the words "derived public person"; to make the second part of paragraph 5 by the following: "5) public person puts his individual or Corporation delegated the tasks of public administration, the public person's services;"; replace the second part of paragraph 6, the words "State or local government" with the words "public persons"; replace the third paragraph, the words "national or local authorities" with the words "public persons"; Add to article 3.1 part as follows: "(31) legal entity which passed the property a royalty-free use, ensure the maintenance of the property concerned, shall bear the costs related thereto. '; in the fourth paragraph, replace the words "national or local authorities" with the words "public persons" and the words "Municipal Council" with the words "derived public person's organ"; express the fifth and sixth the following: "(5) the decision on a public property of the person putting the royalty-free use in the public good organization Ministers of the relevant cabinet or derived public persons organ. Public people in royalty-free use in the public benefit organisation shall refer to the time that the relevant Association, Foundation or religious organization has public good status of the Organization, but not for more than 10 years. Public people in royalty-free use in the public benefit organization may transfer. (6) on the basis of the decision for the public people things putting the royalty-free use, concluded a written contract. The Treaty also lays down appropriate public people authorities the right to control, or royalty-free use of the property transferred is used legally and appropriate. " 8. Express 5.1 article as follows: "article 5.1. The rules on the transfer of the assets of a capital company a royalty-free use (1) in addition to the other cases in accordance with article 3 of the law with the provisions of paragraph 1 of the Corporation transfer of assets of royalty-free use may be considered appropriate, corporations can put things in use also derived for the gratuitous public person or public institution of the person, or the public good. It may also consider the transfer of the assets of a capital company a royalty-free use by another corporation or other private person delegated the tasks of public administration, the public person's services. (2) a corporation a royalty-free use in the public benefit organization may be transferred only with the Corporation's Executive Body decision, if you have received a public person or a public corporation of the person-owned capital holder's consent and hold property for use or use only the culture, art, science, education, sports, environmental, or health, as well as the promotion of social assistance. (3) the transfer of the assets of a capital company a royalty to use the Corporation's Executive Body adopted a decision giving at least the following information: 1) transferable assets, its size, book value, condition and description; 2) necessity and usefulness of the transfer; 3 the use of the property) or use of the term; 4) when transferred property returned back; 5) other necessary provisions, it including provisions on the conservation of the property and the appropriate use of. (4) on the basis of the decision on the transfer of the assets of a capital company a royalty-free use, concluded a written contract. Contract concluded with an individual or a corporation, the Corporation shall also determine the rights to control, or use the property of royalty is spent legally and appropriate. (5) the holder of the right, which passed to the property a royalty-free use, ensure the maintenance of the property concerned, shall bear the costs associated with it. " 9. in article 5.2: replace the first paragraph, the words "State and local governments" with the words "public persons"; replace the second paragraph, the words "municipal, State, or local authorities" with the words "public persons"; replace the third paragraph, the words "municipal or State or local governments" with the words "public entities or institutions of public people"; replace the fifth paragraph, the words "local authorities, State and local authorities" with the words "public entity or public body of persons". 10. To make article 6 by the following: "article 6. Prohibition of public people in the cast, with the Public through the private person or public institution of the person, as well as the Corporation prohibited from using private mediation, put public persons and corporations in the use of the property to another person or to a public body or a public person Corporation. These provisions do not apply where the lessee public people property lease rights acquired by public auction. " 11. in article 6.1: replace the title of the article, the second and third paragraph, the words "State and local governments" with the words "public persons"; make the first part as follows: "(1) where the law or the Cabinet of Ministers rules provide otherwise, movable property lease agreement concluded for a period of not more than five years, the land lease contract, for a period of not more than 30 years, but other real estate lease, for a period not exceeding 12 years." 12. in article 6.2: make a name, the first part and second part of the first sentence by the following: ' article 6.2. Public people's real estate management (1) the public people's real estate management is the possessor of the property task, which includes the obligation to keep the property use and maintenance (physical conservation throughout its working life) according to the requirements of the law and promote its improvement. (2) a public person possessor of real estate management of this property provides, directly or directly, asking the Administration to take action on your body or subordinated to the Corporation, whose main activity is the management of real property. "; Add to article 3.1 part as follows: "(31) the second and third questions referred for public persons derived property determines the child's public persons organ." 13. To supplement the law with 6.3 and 6.4 of the article as follows: "article 6.3. Public entities operating in property needed for the hiring of individuals or corporations (1) a public person renting from private individuals or companies in real estate, you need a public person's activity in accordance with this law, other laws and rules, as well as ensure public access to information, subject to the regulations laid down by the limits of availability. (2) the order in which a public person rents immovable property from individuals or corporations and publishes information on rental and rental of immovable property laid down shall be determined by the Cabinet of Ministers.
6.4 article. The Corporation's real estate leasing and operation of corporations in need of real estate leasing from other parties (1) where a corporation hires its own real estate or renting their operation of the required real estate from other people, it has a duty to develop the capital coordinated the holder of the Corporation's real estate letting and leasing of immovable property and to ensure the public availability of a corporation registered address and your website on the internet If there is one. (2) for information on leasing and leased to real estate should be publicly available, a corporation State joint stock company "national real estate" Web site on the internet free of charge shall publish at least the following information: 1) at least 10 working days prior to the conclusion of the contract, the property address, the cadastral number, size, purpose and estimated duration of the contract; 2) 10 working days after the conclusion of the contract, the property address, the cadastral number, area, the purpose of use, the tenant, the rent amount and the period of validity of the contract. (3) for information on the provision of leased and rent for real estate would be publicly available, a corporation State joint stock company "national real estate" Web site on the internet free of charge shall publish at least the following information: 1) at least 20 working days prior to the conclusion of the contract-real estate in desirable location, area, the planned rental fee, the estimated period of validity of the contract, the purpose of use; 2) 10 working days after the conclusion of the contract, the property address, the cadastral number, area, the purpose of use, the landlord, the rent amount and the period of validity of the contract. (4) the second part of this article may not be applied where: 1) a corporation own real estate leased public person; 2) Corporation own real estate leased public provider of services, in which the public part of the share capital of persons individually or in aggregate exceed 50 percent; 3) the lessee is a corporation, the Corporation of the lessor within one group; 4) land is leased to its existing and another person owned the building (construction); 5) lease object is passed to the lessee in the single use not more than 10 days. (5) the third paragraph of this article may not be applied where: 1) Corporation real estate renting from a public person; 2) is a corporation, the lessor with lessees, the Corporation is located in one of the Group; 3) Earth is hired to the existing Corporation owned the building (construction); 4) lease object is passed to the Corporation in the single use not more than 10 days. (6) of this article, the fourth and fifth paragraphs of exceptions provided for in determines the application of the Corporation of real estate letting and leasing of immovable property. ' 14. Article 7: replace the title, the words "State and local governments" with the words "public persons"; make the first part as follows: "(1) a public person is prohibited to dispose of property by an individual or Corporation for the apparently reduced price." Replace paragraph 1 of the second paragraph, the words "national or local authorities" with the words "public persons"; turn off the second part of paragraph 2 and 3; Replace paragraph 4 of the second paragraph, the words "State or local government" with the words "public persons". 15. Replace the words "in article 8 municipalities, State and local authorities, as well as a capital company" with the words "public person and the Corporation". 16. Article 9: replace the second paragraph, the words "the State, a municipality or a State or local authorities" with the words "public person or public persons"; to make the third and fourth such 3.1: "(3) a derived public person allowed to pledge their property, which is not only necessary to its continued implementation of the function or that pledging is not prohibited by law or the terms of the Cabinet of Ministers. (31) if the State derived public person property without compensation, and setting the conditions for the treatment of this property, it allowed to pledge only with the consent of the Cabinet. If a derived public person violated State or other derived public person property without compensation, and setting the conditions for the treatment of this property, it allowed to pledge only by its derived public person consent organ, which is raised by the condition. (4) the public estate Derivative may be pledged only with the public person's organ derived decision. " 17. in article 9.1: replace the first paragraph, the words "local authorities, State and local authorities" with the words "public person" and the word "bodies", with the word "institutions"; replace the second paragraph, the word "authorities" with the word "institutions"; replace the third paragraph, the words "local authorities, State and local authorities" with the words "public entity or public body of persons". 18. Make the text of article 9.2 as follows: "a public person, ordering the study comply with the limits laid down in this Act and prohibition, public procurement law and other legislation. Cabinet of Ministers sets the public person's classification, ordering research and development control rules, minimum requirements for research and development, as well as the documentation requirements for informing the public. " 19. Article 10: make the first paragraph by the following: "(1) a person, other than a public law or the Cabinet of Ministers regulations specifically provided, not to bestow (donate) financial resources and possessions." make the third paragraph as follows: "(3) Gifts (donations) for the purposes of this Act are public persons or corporations to finance or property of individuals or a royalty of other property of the Corporation, and the Corporation's financial resources or property transfer of public people royalty property." 20. in article 11: to express the third subparagraph of paragraph 2 and 3 as follows: "2) the organs of the public person derived permission if it wants to allocate derived public person Corporation or a corporation in which the derived part of public people in more than 50 per cent of the share capital, as well as the Corporation, in which one or more of the public person derived a corporation part of the share capital in aggregate exceed 50 individual or interest; 3) the Minister of finance and the relevant organs of the public person's child's permission, if the Corporation's share capital to the public person part does not exceed 50 percent, but their owned capital exceeds 50 percent, and then, if more public person part of the share capital of a capital company Corporation does not exceed 50 percent, but it shares owned more than 50 percent. " replace the fourth subparagraph, the words ' the State, a municipality or a State or local authorities "with the words" public "person or persons" to the public. 21. in article 12: make the first paragraph by the following: "(1) If an individual donations (donations) amount exceeds 1000 lats, bestow (donate) may, only to wind up with a gift (donation) of the beneficiary in writing. The agreement provides for a gift (donation), as well as the order in which the contributor (contributor), or received financial resources and assets are spent legally and appropriate. "; Add to article 1.1 part as follows: "(11) if the gift (donation) is not used for the purpose provided for in the Treaty or in the case of other infringements of the provisions of the Treaty, the donor (the donors) have the right to unilaterally withdraw from the gift (donation) agreement and to reclaim from the gift (donation) of the recipient dāvināto (donated) financial assets and property or its value if the property cannot be recovered." 22. Article 13 be expressed as follows: "article 13. Financial resources and control the use of property (1) State control has the right to check whether this law article 10 referred to in the third subparagraph are legitimate and appropriate to the actual financial resources and assets by the Corporation by them (gave) or passed a royalty-free use. (2) the local Government Council, the Audit Commission has the right to verify whether an individual or a corporation is a legal and appropriate financial resources spent and lost by it (gave) or transferred using the royalty of the municipal corporation or a corporation in which the part belonging to the municipality capital exceeds 50 percent, or a corporation in which the Municipal Corporation-owned part of the share capital exceeds 50 percent. (3) a public person, as well as the Corporation, which given him (gave) his financial resources and assets by an individual or another corporation, has a right to this law, article 12, first paragraph, in order to check the assigned financial means and assets are spent legally and appropriate. (4) a public person, as well as the Corporation, which the royalty-free use in betrayed by an individual or another corporation, has a right to this law, article 5 of the sixth and the fourth paragraph of article 5.1 in order to check the assigned financial means and assets are spent legally and appropriate. " 23. Replace the words "in article 14, the State or local government bodies" with the words "public persons or corporations". 24. transitional provisions: replace paragraph 6, the words "local authorities, State and local authorities" with the words "public person"; transitional provisions supplementing with 8 and 9 point as follows: "8. The relevant national or local privatizējam real estate purchase contract or completion of the privatisation process are not subject to this law, the first paragraph of article 6.1, if the State or municipal privatizējam property lease agreement concluded before the entry into force of part and it expires on the estate during the privatisation process. 9. The Cabinet of Ministers no later than 1 March 2013 to confirm new 12 this law provided for in the second subparagraph of article gift (donation) the standard contract sample. To the Cabinet of Ministers regulations for the entry into force of the public body or a corporation donation (donations) the contract also determines the order in which the contributor (contributor), or received financial resources and assets are spent legally and appropriate. " The law shall enter into force on January 1, 2013. The Parliament adopted the law in 2012 on November 1. The President a. Smith in 2012 on November 21.