The Amendments To The Act On State Legal Aid In

Original Language Title: Grozījumi Valsts nodrošinātās juridiskās palīdzības likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/247744


The Saeima has adopted and the President promulgated the following laws: the Act on State legal aid to make the Act on State legal aid of the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 2005, nr. 8; 2008, nr. 15, nr. 14, 2009; Latvian journal nr. 178., 2010; 2011, 93, 132. No.) the following amendments: 1. Express article 4 by the following: "article 4. The legal aid applicant's duties and responsibilities (1) a Person is not entitled to abuse the disadvantaged or needy person, your particular situation, assets and level of income for legal aid. (2) a Person shall be obliged to request legal assistance in time, except when it has not been possible for objective reasons. (3) a Person shall be obliged to contribute to legal aid, and the amount of time required to be submitted to the legal aid administration or legal aid provider for the necessary information and documents. (4) a Person has a duty to promptly, but no later than one working day in advance, except when it has not been possible for objective reasons, to inform the administration of legal aid or a legal aid provider that it can not come to the appointment with the legal aid provider or to the Court of session. (5) legal aid at the time the person is obliged to submit to the legal aid administration documents proving its compliance with article 3 of this law, with the requirements laid down in any of the following cases: 1) above, the period of validity of the documents submitted; 2) of the Act referred to in article 24; 3) at the request of the administration of legal aid. " 2. in article 6: turn off paragraph 15, the words "it concerns a claim for performance of the contract, if"; Add to article 16 and 17 the following: "16) in respect of the person's decision on legal aid, on the basis of this law, article 33, paragraph 4 of the seventh part, and since the adoption of the present decision is not passed in the year; 17) received legal aid provider's opinion about the future usefulness of legal aid. " 3. Replace article 14.1, the words "the party" with the words and figures "of this law article 3, first paragraph, the person referred to in paragraph 8." 4. Express 1.1 parts of article 14.2, the first sentence as follows: "the administration of legal aid does not provide legal assistance to foreign applicants and applicants of the Council of 18 December 2008, Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations and the Hague 2007 23 November the Convention on maintenance for children and other forms of family maintenance features of cross-border enforcement cases."
5. Supplement article 22, third paragraph, after the word "persons" with the word "declared". 6. Express article 26 as follows: "article 26. The decision of the opposition and appeal procedures (1) the legal aid administration decision on granting legal aid or the refusal to grant a person can challenge and appeal against administrative procedure law. (2) Administrative District Court ruling may be appealed to the Supreme Court, the Senate Administrative Department. The appearance of the writing process, and it does not require the consent of members of the administrative procedure. " 7. Article 27: replace the first paragraph, the words "If the district administrative court rejected" with the words "except in the second part of this article means"; make the second paragraph as follows: "(2) a repeat application for legal aid in a case concerning the same subject and on the same basis is permissible only if the person has complied with the legal aid administration decision about payment of expenditure relating to the previous provision of legal assistance, if such a decision was taken, and there is at least one of the following cases: 1) there have been significant changes in the person's specific situation property or income level; 2 the person is obtained the disadvantaged) or poor person. " 8. Make the article 29 the following: ' article 29. The legal aid contract and its conclusion (1) the legal aid contract is a public law contract, which closed the legal aid administrative authority with legal aid provider. (2) the legal aid contract shall specify: 1) the parties; 2) the competence of a legal aid provider; 3) what type of legal aid shall undertake to provide the legal aid provider; 4) the parties responsibility; 5) settlement procedures, financial and other resources; 6) provide legal assistance, quality control procedures; 7) contract period; 8) conditions of cooperation; 9) other essential conditions of the contract. (3) the legal aid contract shall be concluded for a period of not more than three years. (4) the legal aid contract with the person who wishes to provide legal aid, not the switch, if the legal aid administrative authority has previously uzteikus the legal aid contract, except where the legal aid contract is cancelled on the basis of this law, the second paragraph of article 29.1 (1) of the regulation and the person is acquitted or the criminal proceedings terminated person reabilitējoš circumstances. (5) the legal aid contract with this law, the first paragraph of article 30, paragraph 5, of the persons referred to in the introductory part can not be closed if this person does not meet any of the 30 in the first paragraph of article 5, paragraph "a", "b", "c" or "d" claims referred to in point or someone is found from this law 29.1 the second paragraph of article 1, 2, 3, 4 or 5 above. " 9. To supplement the law with article 29.1 of the by the following: ' article 29.1. The legal aid contract expiry (1) the legal aid contract shall expire: 1) after the expiry of the agreement; 2) notice of one of the parties; 3) by mutual agreement of both parties; 4) with the legal aid provider. (2) the legal aid administration launch a legal aid contract with article 30 of this law referred to in the first subparagraph a legal aid providers in any of the following cases: 1) the legal aid provider is the one on trial, the accused or the suspect in criminal procedure for intentionally committed criminal offence; 2) the legal aid provider is punished for intentional criminal offence regardless of the deletion or removal of the conviction; 3) the legal aid provider has been convicted for an intentional criminal offence, but of parole released due to statute of limitations, amnesty or pardon; 4) against the legal aid provider in connection with the prescription, amnesty or pardon is terminated for intentional criminal offence committed; 5) the legal aid provider is excluded from the Attorney or his assistant, laid off from a public prosecutor or cancelled from the sworn bailiff, his assistant, sworn notaries, his Assistant or the Office of judge; 6) the legal aid provider without justification refused to give or not give legal aid assignments or does not respond to the legal aid administration calls to provide legal assistance; 7) legal aid provider in work order specified time without valid reason not reachable on several legal aid to address and not informed the administration of legal aid for the change of address; 8) legal aid provider found in possession of this law and other legal aid contract violations (such as the legal aid provider of accurate and timely legal aid does not fulfil the conditions of the contract or time has not submitted a notification to the legal aid administration for the execution of the assignment), which may be the basis for exclusion of the legal aid contract. (3) the legal aid administration not later than one month before the expiry of the Treaty, examine the cooperation with the legal aid provider and take a decision on the legal aid contract. " 10. Article 30: make the first part of paragraph 5 of section "d" as follows: "(d)) has worked in legal specialty for at least five years after" (a) "qualification referred to;"; Add to the first part of paragraph 6 by the following: "6) society and Foundation registered association or foundation that meets the following requirements: (a)) of not less than five years continuously, have ensured the provision of legal aid, (b)) provides that legal aid is provided by a person who fulfils the first part of this article 1, 2, 3, or 5 the requirements referred to in paragraph (c)) is not made or begun insolvency or winding-up proceedings ,

(d) it is not a tax and) State social security payment debt, e) professional activities have been detected illegal activity. " turn off third. 11. Express article 31 the following: ' article 31. The order in which the appearance of applications for legal aid contract (1) article 30 of this law, the person referred to in the first subparagraph, which seeks to provide legal aid, the legal aid administration submitted the application for legal aid contracts, adding it shows messages in the supporting documents. Sample application form is approved by the Cabinet of Ministers. (2) the legal aid administrative authority shall assess the conformity of the application in the message specified and check the details of a person's reputation and qualifications. (3) the examination of this law, the first paragraph of article 30, paragraph 5, of the persons mentioned in the reputation of the administration of legal aid should have the right to request information on this law, the second paragraph of article 29.1 1., 2., 3., 4. and 5. the conditions of point on persons committed administrative offences. (4) If the legal aid administrative authority requires additional information in order to decide on the legal aid contract, fifth subparagraph, of this article, the period of time referred to the legal aid administration, communication of the information requested. (5) If the legal aid administrative authority ascertains that a person is qualified to do, a good reputation and it corresponds to article 30 of this law in the first part of this category of persons, the legal aid administrative authority within one month of receipt of the application, shall take a decision on the legal aid contract with the person concerned. Of the decision concerning the legal aid administrative authority shall inform the person concerned. (6) the decision of the legal aid administration of legal aid contracts, refusal to conclude the contract of legal aid or a legal aid contract notice a person can be a challenge and appeal against this law, in article 26. ' 12. To supplement the law with article 31.1 the following: ' article 31.1. The legal aid provider assessment (1) when making a decision on the conclusion of the contract of legal aid, the legal aid administration is assessing the person's compliance with article 30 of this law, as well as the person's skills and reputation. Deciding on the legal aid contract with this law, the first paragraph of article 30 of the person referred to in paragraph 5 of the legal aid administration further assess article 29 of this law in the fifth subparagraph, such conditions. (2) in making a decision on the legal aid contract or assessing contract termination of legal aid, the legal aid administration in addition to the first part of this article set valued cooperation with providers of legal aid by the legal aid contract period, the legal aid applicant received complaints about legal aid provider performance and communication, legal aid in meeting the obligations of timeliness and quality, as well as article 29.1 of the Act referred to in the second subparagraph. " 13. Express article 32 the following: ' article 32. The legal aid provider responsibilities and liability (1) the legal aid provider shall provide legal aid in accordance with the law and the legal aid contract. (2) the legal aid provider is responsible for the quality of legal aid provided for under this Act, other legislation and the legal aid contract. (3) the legal aid provider is liable for damage caused to his professional activities. (4) the legal aid administration is right out of the legal aid provider in article 35 of this law in order to recover losses that the administration of legal aid from the legal aid provider's professional activities. (5) the legal aid provider may refuse to provide legal assistance, except that the requested legal aid does not meet the legal aid contract or such help prevent ethical considerations or legal or statutory restrictions. The legal aid provider shall immediately inform the administration of legal aid. (6) the legal aid provider has the obligation to inform the administration of legal aid if the legal aid beneficiary found non-compliance with article 3 of this law, those conditions. (7) the legal aid provider confidentiality and, subject to this Act and the legal aid contract in certain conditions, shall not divulge to third parties information that has come to his knowledge. " 14. Article 33: to complement the seventh part with point 6 and 7 by the following: "6) establishes that the provision of legal aid expenditure is disproportionately large compared to the amount of the claim; 7) person, requesting legal assistance, provided false statements. " Supplement to the eighth article as follows: "(8) the legal aid administration has the right to suspend the decision on granting legal aid, if necessary, request any further information for the provision of legal aid. After the receipt of the additional information the legal aid administrative authority shall reinstate the decision on granting legal aid. " 15. Express article 34 paragraph 2 of the first paragraph the following wording: "2) person abusing the right to legal assistance, including in respect of article 4 of this law." 16. Article 35: replace the first part of the word "accept" with the words "may adopt"; to complement the second subparagraph following the words ' may be challenged "by the words" and to appeal "; turn off the fifth subparagraph second sentence; Add to article 6.1 of the part as follows: "If a person (61) deadline is not complied with the first paragraph of this article, the decision of the legal aid administration prepares a warning about the enforcement of the decision and shall notify this person."; to supplement the article with the ninth subparagraph by the following: "(9) the legal aid administration, ensuring the recovery of the costs associated with the provision of legal aid is the right of a person, the other State and local authorities to request the necessary information, as well as the right to request information from the sworn bailiff about the recovery process of expenditure related to the provision of legal aid." 17. To supplement the transitional provisions 17 and 18 with the following: "17. Up to the date of entry into force of the new article 31 of this law referred to in the first subparagraph, the provisions of the Cabinet of Ministers, the Cabinet of Ministers approved the application for legal aid contracts in the sample form, but no longer than up to 2012 September 30 are applicable to the Cabinet of Ministers on 31 May 2005, the provisions of no. 361" rules on submission form samples on State legal aid provider status " in so far as they do not conflict with this Act. 18. Amendments to this law, in article 14.2, 1.1 parts of the expression in the first sentence of the new text in the enter into force simultaneously with the Hague 2007 23 November the Convention on maintenance for children and other forms of family maintenance the cross-border recovery of funds from the entry into force of the European Union. " 18. To supplement the law with the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions deriving from Council of 27 January 2003 of Directive 2003/8/EC to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes." The Parliament adopted the law of 3 may 2012.
The President a. Smith in 2012 on May 16.