Amendment National Regulatory Authorities To Compensate Losses Suffered In The Law

Original Language Title: Grozījumi Valsts pārvaldes iestāžu nodarīto zaudējumu atlīdzināšanas likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/233307

The Saeima has adopted and the President promulgated the following laws: the public authorities suffered damages in the law to make public administration suffered damages in the law of the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 2005, nr. 13; Latvian journal 2010, 206. No.) the following amendments: 1. Replace article 2, third paragraph, the words "personal injury and moral hazard" with the words "and personal injury, including moral damage".
2. To make article 7 of part three of the third sentence as follows: "The maximum amount of costs shall be determined by the Cabinet of Ministers."
3. Add to article 9 of this law, after the words "the" with the words "personal injury in the form of".
4. Supplement article 12 with a fifth by the following: "(5) If an individual reimbursement of damages to be paid consists of wages not received, then the authority or Court of loss reimbursement amount include taxes that are calculated by the laws."
5. Replace article 14, fourth paragraph, the words "moral hazard" with the words "personal damage, including moral damage".
6. Turn off the article 19 in the second and third paragraph, the words "(the Council)".
7. To supplement the law with article 21.1 as follows: "article 21.1. For the loss of its decision (without payment received) reimbursement (1) If an individual reimbursement of damages to be paid consists of wages not received, then the taxing legislation the cases and. In this case, the adjudicating entity has an obligation in the decision on reimbursement of loss: 1) indicate the period for which the wages to be paid and calculated on certain tax legislation;
2) pay and compensation for unused leave;
3) of workers (individuals) the compulsory social insurance contributions;
4) employers ' compulsory social insurance contributions;
5) individual income tax;
6) reimbursement of damages to be paid to individuals (wages not received) by the amount of tax paid.
(2) the terms used in this law, "pay", in the case of persons covered by State and local officials and employees of the institutions the remuneration Act, the term "remuneration understands" State and local officials and employees of the institutions for consideration within the meaning of the law. "
8. Make the article 24 as follows: "article 24. Reimbursement of damages from the State budget (1) if the decision of the authority or a judicial decision on the reimbursement of a loss is facing the Republic of Latvia, the specified amount is paid to the Ministry of finance.
(2) after the entry into force of the decision of the authority or a judicial decision on the reimbursement of a loss, the adjudicating entity or regulatory authority (Officer) who participated in the process of the Court, within one month send to the Authority's decision or a copy of a ruling on the Ministry of finance.
(3) the authority or an administrative authority (Officer) who participated in the proceedings, together with the second part of the decision of the authority or a copy of the ruling shall be sent to the financial Ministry also information about the individuals concerned personal bank account or post office account settlement system, personal data and address of the place of residence.
(4) If an individual reimbursement of damages to be paid consists of wages not received (21.1), authority (Officer) by sending a copy of a ruling on the Ministry of finance, the covering letter: 1) during the period for which the wages to be paid and calculated on certain tax legislation;
2) pay and compensation for unused leave;
3) of workers (individuals) the compulsory social insurance contributions;
4) employers ' compulsory social insurance contributions;
5) individual income tax;
6) reimbursement of damages to be paid to individuals (wages not received) by the amount of tax paid.
(5) the Ministry of Finance within one month of receiving all necessary information, the daily cost of the reimbursement of losses, moving it to the individuals personal bank account or mail payment system account.
(6) the Ministry of finance, adopt a reasoned decision, loss compensation may be paid in instalments. The cost is carried out within one year of receiving all necessary information. The Finance Ministry of its decision to inform the individual in writing. This decision is final and appealable.
(7) if necessary, the Ministry of Finance shall prepare proposals for amendments to the current year's national budget law. "
9. Express 25, 26, 27 and 28 of the article as follows: "article 25. Reimbursement of damages from local government authorities (1) If a decision or ruling on reimbursement of loss is facing local governments, the fixed amount paid from the municipal budget.
(2) after the entry into force of the decision of the authority or a judicial decision on the reimbursement of a loss, the deciding authority or local authority (Officer) who participated in the process of the Court, within one month send to the Authority's decision or a copy of a ruling awarding the municipal authority.
(3) the authority or local authority (Officer) who participated in the proceedings, together with the second part of the decision of the authority or court ruling sends a copy to the competent authorities the Authority also information about the individuals concerned personal bank account or post office account settlement system, personal data and address of the place of residence.
(4) If an individual reimbursement of damages to be paid consists of wages not received (21.1), authority (Officer) by sending a copy of the ruling of the Court the jurisdiction of the municipal authority, the covering letter: 1) during the period for which the wages to be paid and calculated on certain tax legislation;
2) pay and compensation for unused leave;
3) of workers (individuals) the compulsory social insurance contributions;
4) employers ' compulsory social insurance contributions;
5) individual income tax;
6) reimbursement of damages to be paid to individuals (wages not received) by the amount of tax paid.
(5) the competent municipal authority one month after receiving all necessary information, the daily cost of the reimbursement of losses, moving it to the individuals personal bank account or mail payment system account.
(6) the competent municipal authority, adopt a reasoned decision, loss compensation may be paid in instalments. The cost is carried out within one year of receiving all necessary information. In the local authorities of its decision to inform the individual in writing. This decision is final and appealable.
(7) if necessary and if it complies with the law, the Municipal Council adopted amendments to the municipal budget for the current year.
26. article. Reimbursement of losses from other derived public law legal persons (1) if the budget of the Authority's decision or a court ruling on the damages compensation is facing a derivative public law legal persons who are not local, the specified amount is paid from the derived public law legal persons.
(2) after the entry into force of the decision of the authority or a judicial decision on the reimbursement of a loss, the deciding authority or directly to the administrative authority (Officer) who participated in the process of the Court, within one month send to the Authority's decision or ruling of the Court a copy of the appropriate derived public organ of the legal person.
(3) the authority, or the regulatory authority directly (Officer) who participated in the proceedings, together with the second part of the decision of the authority or court ruling sends a copy of the derived public organ of the legal person concerned information on individuals ' personal bank account or post office account settlement system, personal data and address of the place of residence.
(4) If an individual reimbursement of damages to be paid consists of wages not received (21.1), authority (Officer) by sending a copy of the court order derived public organ of the legal person, the covering letter: 1) during the period for which the wages to be paid and calculated on certain tax legislation;
2) pay and compensation for unused leave;
3) of workers (individuals) the compulsory social insurance contributions;
4) employers ' compulsory social insurance contributions;
5) individual income tax;
6) reimbursement of damages to be paid to individuals (wages not received) by the amount of tax paid.
(5) a derivative of the public organ of the legal person during the month, after receiving all necessary information, the daily cost of the reimbursement of losses, moving it to the individuals personal bank account or mail payment system account.
(6) a derivative of the public organ of the legal person, adopting a reasoned decision, loss compensation may be paid in instalments. The cost is carried out within one year of receiving all necessary information. Derived public organ of the legal person of its decision in writing to inform the individual. This decision is final and appealable.

(7) if necessary and if it complies with the law, derived public law legal persons adopted amendments to organ derived public law legal persons in the budget for the current year.
27. article. Reimbursement of damages from a public agency in an independent budget (1) if the decision of the authority or a judicial decision on the reimbursement of a loss is facing a public agency, the specified amount is paid from the budget of the public agency in the independent (article 3, paragraph 4).
(2) after the entry into force of the decision of the authority or a judicial decision on the reimbursement of a loss, the deciding authority or authorities (officials) who participated in the process of the Court, within one month send to the Authority's decision or a copy of the ruling to the public agency.
(3) the authority or institution (official) who participated in the proceedings, together with the second part of the decision of the authority or court ruling shall send a copy of the public agency information on the relevant individuals personal bank account or post office account settlement system, personal data and address of the place of residence.
(4) If an individual reimbursement of damages to be paid consists of wages not received (21.1), authority (Officer) by sending a copy of the ruling to the public agency, the covering letter: 1) during the period for which the wages to be paid and calculated on certain tax legislation;
2) pay and compensation for unused leave;
3) of workers (individuals) the compulsory social insurance contributions;
4) employers ' compulsory social insurance contributions;
5) individual income tax;
6) reimbursement of damages to be paid to individuals (wages not received) by the amount of tax paid.
(5) the public agency within one month of receiving all necessary information, the daily cost of the reimbursement of losses, moving it to the individuals personal bank account or mail payment system account.
(6) the public agency, adopt a reasoned decision, loss compensation may be paid in instalments. The cost is carried out within one year of receiving all necessary information. Public agency for its decision, inform the individual in writing. This decision is final and appealable.
(7) If a public agency cannot fulfill the Authority's decision or ruling of the Court due to lack of funds, it shall immediately inform the authority, which has passed, and the loss of cost reimbursement from the public budget of the legal person, that should be the responsibility of the public agency. Notify the individual in writing.
(8) if necessary and if it complies with the law, the public organ of the legal person, that should be the responsibility of the public agency shall adopt amendments to the public in the Agency's budget for the current year.
28. article. Reimbursement of losses from its subsidised State budget (1) if the derived public law legal person or Government agency can not according to this law, 25, 26 or 27 to article execute authority decision or a court ruling due to lack of funds, reimbursement of the cost of the loss of the State budget in accordance with the provisions of this article.
(2) If a municipality or other derived public organ of the legal person or Government Agency notes that the Authority's decision or a court order cannot be met due to lack of funds, derived public organ of the legal person or authority to which a public agency subordinate to the Ministry of finance, draws with a request to pay the loss reimbursement from the State budget. The request shall be accompanied by a decision of the authority or a court ruling, as well as documents showing that the cost is not possible from a given budget. The Ministry of finance submitted a request in writing by an individual.
(3) Send to the authority referred to in the second subparagraph of decision or a copy of a ruling on the Ministry of finance, then also add information about the individuals concerned personal bank account or post office account settlement system, personal data and address of the place of residence.
(4) If an individual reimbursement of damages to be paid consists of wages not received (21.1), send a copy of the court order, the Ministry of Finance also indicate: 1) during the period for which the wages to be paid and calculated on certain tax legislation;
2) pay and compensation for unused leave;
3) of workers (individuals) the compulsory social insurance contributions;
4) employers ' compulsory social insurance contributions;
5) individual income tax;
6) reimbursement of damages to be paid to individuals (wages not received) by the amount of tax paid.
(5) the Ministry of finance the cost of loss reimbursement from the State budget, by applying this law, article 24 of the fifth and sixth parts. "
10. Replace article 29 of part 3 and in paragraph 4, the words "and article 27 of the fourth part" with a number and the words "article 27" in the seventh part.
The law shall enter into force on the 1 October 2011.
The law adopted by the Parliament in July 1, 2011.
The President a. Smith in 2011 July 20.