Amendments To The System Of The Ministry Of The Interior Authorities And Prison Administration With A Special Service Officer Grade Disciplinary Actions In The Law

Original Language Title: Grozījumi Iekšlietu ministrijas sistēmas iestāžu un Ieslodzījuma vietu pārvaldes amatpersonu ar speciālajām dienesta pakāpēm disciplināratbildības likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/218937

The Saeima has adopted and the President promulgated the following laws: the Ministry of the Interior system of authorities and prison administration with a special service officer grade disciplinary actions in the law to make the system of the Ministry of the Interior authorities and prison administration with a special service officer grade disciplinary actions in the law (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2006, no. 14) follows: 1. Article 1 shall be supplemented by the words "as well as the discipline of the institution."
2. To supplement the law with article 2.1, the following: "2.1 article. Service discipline (1) service of a discipline authority is law and order and exact execution requirements.
(2) the officer shall respect the professional discipline and prevent its violations.
(3) official, who passed to other officials (hereinafter referred to as the highest officer), within the limits of its competence provides professional discipline of the institution (Department), a permanent control over professional discipline, as well as appropriate measures are taken to prevent the Organization of their shortcomings, which have been or may be about to surrender Executive service discipline violation cause. "
3. Article 3: replace the first paragraph, the words "the Executive orders, laws and other regulations" with the words "the law";
to supplement the article with the third part as follows: "(3) the prosecution Officials to disciplinary action does not exclude the civil liability, criminal liability of administrative responsibility or."
4. Supplement article 4 with the third and fourth subparagraph by the following: "(3) if necessary, the authority may take the check to see if the officials against which proposed the disciplinary proceedings disciplinary proceedings as well as the necessary facts.
(4) any person who has information on the findings of a disciplinary circumstances, is obliged to cooperate with the investigation, the investigator of the disciplinary proceedings and the competent officials of the Authority's request, promptly provide the information in its possession. "
5. Supplement article 10 paragraph 6 by the following: "6) committed a disciplinary officials that last year it is already catered for."
6. Make article 13 by the following: ' article 13. (1) no disciplinary action disciplinary measure aims to punish guilty officers and getting to it and the other officials respected the discipline and refrain from the disciplinary offence.
(2) the officer may be subject to such disciplinary action: 1) Note;
2) reprimand;
3 month base salary reduction) for 10-20 percent of the monthly salary for a period of one month to six months;
4) rank lower about one extent at a time from six months to one year;
5) demotion;
6) he retired from the service.
(3) the officials occupying positions in the security police, the national security authorities statutory disciplinary action. "
7. To supplement the law with article 13.1 the following: "13.1 article. (1) If an official reprimand is committing a disciplinary offence, but this is unimportant or not caused adverse effects, the higher it may make an official reprimand, not proposing disciplinary or deciding on a disciplinary termination. Before the expression of official reprimand requires explanation.
(2) shall be expressed in the written Reprimand (also in the form of the resolution), the Act or omission, including signs of a disciplinary and breach of the law, and shall inform the officer that is catered for.
(3) no disciplinary Reprimand.
(4) a copy of the document, which is expressed in a written reprimand, the personal file is added. "
8. To make article 14, the first paragraph by the following: "(1) the memo, reprimand, reduction of the monthly base salary by 10 to 20 percent of monthly base salary for a period of one month to six months, demotion, and he retired from the service is entitled to apply to the Minister, the head of the authority or the authorized officer."
9. Express article 15 the following: ' article 15. The application of disciplinary rules (1) the application of disciplinary measure, take into account: 1) a disciplinary offence in the circumstances;
2 disciplinary nature;)
3) disciplinary damage and injury;
4) officials blame form;
5) mitigating circumstances;
6) aggravating circumstances;
7 the application efficiency of disciplinary action) observations (or breach is not unimportant, or they have caused adverse effects);
8 applicable disciplinary relevance) with the disciplinary.
(2) the disciplinary measure — note — do not apply if the circumstances are found to strengthen the disciplinary liability, with the exception of article 10 of this law provided for in paragraph 6 of the aggravating circumstance.
(3) the disciplinary measure — reprimand — does not apply when more than one is found in article 10 of this law, 1, 3, 4 or 5. the circumstance provided for in paragraph 1, which reinforces the responsibility for disciplinary, or is done intentional, a result of which disciplinary, material loss or significant property damage. "
10. Express article 16 of the fourth subparagraph by the following: "(4) where a prosecution has been initiated by officials for the same offence for which are the basis to propose disciplinary, it may propose a month after receipt of the decision on termination of the criminal proceedings or the entry into force of the Prosecutor's statement as punishment or judgment of the Court of Justice in criminal proceedings, if a disciplinary offence since is not older than three years."
11. Express article 17, first paragraph, 3, 4 and 5 of paragraph by the following: "3) Act or omission that involves a disciplinary signs;
4) of the rules of law that may have been violated;
5) disciplinary investigation investigator. "
12. Article 18: turn off the second part of paragraph 1;
to supplement the article with third, fourth, fifth and sixth the following: "(3) a disciplinary investigation, the investigator of the disciplinary investigation, identify all legal and useful for decision the necessary factual and legal circumstances, including: 1) or disciplinary is made;
2) or officer has blamed a disciplinary offence;
3) a disciplinary offence and nature;
4) disciplinary damage and injury;
5) or disciplinary actions exist exclusive conditions;
6) officials blame form;
7) mitigating or aggravating circumstances.
(4) in order to clarify things actual and legal circumstances, disciplinary investigation, the investigator is requesting from the authorities, officials, and, if necessary, from individuals the necessary explanations and other information or documents.
(5) the disciplinary investigation, the investigator finds the relevant facts of the case in compliance with the legal conditions of the case and prepare a decision on the application or no disciplinary action for termination of the disciplinary proceedings.
(6) all documents and information on the basis of which a decision on the application or no disciplinary action for termination of the disciplinary, inserts and keep disciplinary proceedings. "
13. Article 20: make the fourth paragraph as follows: "(4) If criminal proceedings have been initiated against officials or officials of the prosecution initiated for the same offence for which disciplinary proceedings, disciplinary proceedings initiated the investigation be stopped, in order to comprehensively and fully clarify the disciplinary facts. Disciplinary investigation shall be renewed within one month from the day of receipt of the decision on termination of the criminal proceedings or the entry into force of the Prosecutor's statement as punishment or judgment of the Court of Justice in criminal proceedings, if a disciplinary offence since is not older than three years. ";
turn off the fifth.
14. Add to article 21, the fourth paragraph of point 7 by the following: ' 7) that the official reprimand, if disciplinary proceedings instituted, but found that the infringement is minor or not caused adverse effects. "
15. Turn article 22.
The Parliament adopted the law in 2010 on September 16.
The President of the Parliament instead of the President g. Much 2010 in Riga on October 5.