Notification Law

Original Language Title: Paziņošanas likums

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/212499

The Saeima has adopted and the President promulgated the following laws: the law of notification article 1. The purpose of the law (1) the law aims to ensure that institutions and individuals in public legal relations timely, high quality and individual rights and interests provide the appropriate documents and communication of information (hereinafter also – notification of the document).
(2) for the purposes of this Act the Authority considers also the administrative procedure of the courts and the Constitutional Court. For distribution within the meaning of this law considers individuals who notify the document, another Member of the administrative procedure, which is not a private person, as well as the Constitutional Court of the individuals involved in the process or institution.
2. article. The scope of the law, the law governing the notification, as far as the document directly applicable European Union legislation, the Republic of Latvia in binding international agreements or in other laws provide otherwise. This law shall not apply in cases where the authority acts in private law, as well as the criminal and civil procedures.
3. article. Notification of documents General provisions (1) the authority shall make the notification Document: 1) to the institution of the place or supplying to its employees or designated messengers;
2) postal service;
3) through electronic communications;
4) in public.
(2) if the external regulatory act does not specify a particular type of notification, document authority even choose the types that provide the appropriate notification of the addressee of the document. The authority shall take into account, wherever possible, the recipient of the notification of the document type.
(3) the recipient is obliged to accept authorities notified document.
(4) authority, "the document, provide the individual data, trade secrets or other legally protected information.
(5) in the event of a dispute concerning the notification of documents, the institution has the obligation to prove the fact of the notification document. If the recipient claims that the document is not received, he justifies this claim by pointing to the objective circumstances independent of the will of the recipient were an obstacle to the document.
4. article. Notification of address document (1) natural person notifies the document to the declared place of residence address, or additional addresses specified in the Declaration, if a person has a different address. The recipient must be reachable at the specified address.
(2) a legal person shall notify the document on its legal address.
(3) the authority shall notify the document to its address.
5. article. Document service representative (1) if the document is an authorized representative and from the right to the authority in the matter concerned receive the document, it shall notify the representative only, except in the case when the principal stated that the document wants to get even.
(2) it is considered that the moment when the document communicated to the representative, it also at the same principal.
(3) if the authorized number of representatives, sufficient that the documents communicated to one of them. If one process authorized representative representing multiple members at the same time, the representative shall be a single copy of the document.
(4) if the addressee is a minor, incapacitated person shall notify the custodian of documents. Notification is not valid if the document announced the same minor and disabled person.
(5) If a minor is represented by several statutory representatives, it is sufficient that the documents communicated to one of them. Underage person shall notify the laws and the documents of the cases.
6. article. Communication of the document or information on the site (1) on receipt of a document or information on the site, the recipient of the signature, except where, in accordance with the laws and regulations of the receiving subscription is required. Authorities issued the document or information shall be deemed to have been notified to the moment when the recipient has signed up for the reception.
(2) communication of information or a document certifying the recipient's signature. Signing up for the document or information is received, the receiver will indicate the date and time of receipt.
(3) If a document is reported to the site, but the addressee refuses to accept the document, it will be deemed to have been notified to the moment, when the addressee refused to accept the document. On the recipient's refusal to accept a document issuing a mark, stating the reasons for refusal. The recipient is entitled to the mark concerned in writing to add their views.
7. article. Document communication with staff of the institution or the Messenger (1) the authority may notify the document with its employees or designated messengers. In such cases, the authorities concerned shall transmit to the officer or employee Messenger documents be sealed envelope and prepares the delivery form, which contains the following information: 1 name of recipient);
2 the address of the recipient);
3) officers of the institution name, which referred the document delivery;
4) recipient's first and last name;
5) the title of the document.
(2) If a document communicated to the authorities designated by the Member or the Messenger, but the addressee refuses to accept the document, it will be deemed to have been notified to the moment, when the addressee refused to accept the document. On the recipient's refusal to accept a document supplier shall mark, stating the reasons for refusal. The recipient is entitled to the mark concerned in writing to add their views.
(3) the receipt of the document the recipient certifies that subscribing delivery form. Signing up for the receipt of the document, the recipient will indicate the date and time of receipt. To this moment, the document shall be deemed to have been notified.
(4) If the addressee at the time of delivery at the address indicated it is not present, you can pass a specific document address across the adult person who signs the delivery form, indicating your name, the date and time of receipt. If the institution or Messenger, after assessing the circumstances of the particular document does not transfer across to the person at the address, this person refused to receive the document or unable to produce identity documents, the Authority chooses another method.
(5) the document shall be deemed to have been notified to the moment, when it passed to the fourth paragraph of this article, the person said. This person has the obligation to transmit the document to the addressee.
(6) where a document with designated staff or Messenger delivered to the recipient through the registered office or the address of the authority, the document shall be referred to this address we come across the legal person or authority to the employee that the signature on the receipt with your name, surname and position, the date and time of receipt. To this moment, the document shall be deemed to have been notified.

8. article. Notification of the document using the postal service (1) using the postal service, the document declares in a closed envelope, mailing correspondence: 1) as a simple mailing;
2) as registered post;
3) as mail with notification of shipment.
(2) a document that is reported as a simple mail, be deemed to have been notified on the eighth day from the date of authority as a transfer document.
(3) a document that notified as recorded mail, be deemed to have been notified on the seventh day of service at the post office.
(4) if the mail is received on the issue of a certificate of shipment or return document, it does not in itself affect the reporting of the facts in the document. Presumption that the document was announced on the seventh day of service at the post office or the eighth day from the date of authority as the document to be sent, the recipient can be rebutted by pointing to the objective circumstances independent of the will of the recipient were an obstacle for receipt of the document at the above address.
9. article. Notification of documents using electronic communications (1) the document shall notify, by sending it by fax, if the recipient has specified the fax number and the desire to get in writing the document by fax. The first page of a document is a reference to the approval of the authority of the receipt of the document, which contains information about the recipient's name and address. The recipient of a document, the first page of the document of approval signature and during the working day shall return it to the sender. The document shall be deemed to have been notified to the moment when the sender receives from the fax recipient's confirmation of receipt of the document.
(2) the document shall notify by e-mail, using a secure electronic signature. Following notification of the applicable document electronic circulation of documents regulatory rules. You can notify by electronic mail, without the use of a secure electronic signature, if the addressee in writing expressed a desire to receive the relevant documents or provides the following regulatory acts. The document declares the specified e-mail address. The document, sent by electronic mail, be deemed to have been notified on the second working day after it was sent.
(3) the document communicated through institutions under the special online form if the recipient expressed a desire to receive in writing the document in the appropriate way. Following notification of the applicable document electronic circulation of documents regulatory rules. Document that notified using the authority under the special online form, be deemed to have been notified on the second working day after it was sent.
(4) the presumption that the document announced the second working day after it was sent by email or communicated using the special online form, the recipient can be rebutted by pointing to the objective circumstances independent of the will of the recipient were an obstacle to the document. In the event of a dispute, the authority has a duty to prove that the electronic document is sent.
(5) the authority may notify the recipient about the existence of a document or its contents in the form of negotiations by telephone, in writing, if the urgency of the notification is based. Then, when notified of the existence of a document or its contents, the document is delivered to the recipient.
10. article. Notification of documents to foreign countries (1), notify the document abroad: 1) to the institution applying to the competent authority of the law on international cooperation. Ministry of Foreign Affairs sends a document to the diplomatic or consular representation, which invite the recipient to receive the document or send it to the next mission of the host country's Ministry of Foreign Affairs with the request to inform the addressee of the document;
2) registered mail with notice of the shipment, if it is not possible to declare the first part of this article 1 in accordance with the procedure laid down in point;
3) the use of electronic communications under article 9 of this law.
(2) if the document is transferred pursuant to the first subparagraph of paragraph 2, the notification of the recipient's signed statement of receipt of the consignment. If this post is not received and not received information that the post put the recipient is not possible, it is considered that the document was announced six months after service of the document in the mail.
11. article. Public notification of the document (1) the document publicly declare: 1) if it is appropriate to use of resources or because of the urgency and the document does not identify the individual affects the range of recipients;
2 If the recipient's address is not) declared, location not known and it is not possible to notify the recipient of documents authorized representative;
3) external regulatory cases set out in the Act.
(2) the authority shall notify the document with the publication in the Official Gazette "Latvijas journal". Local government document can declare with the publication in local newspaper and post a notice at the premises of the municipality. Efficiency considerations, in addition to publication in the Official Gazette "Latvijas journal" authority may choose the publication in other media.
(3) the authority shall communicate with the publication of a document on your home page in the external internet law cases and order.
(4) in exceptional cases, the authority may declare a document by reading it on the radio or television. In this way, the notified document immediately published in the Official Gazette "Latvijas journal", indicating how and when the document was announced.
(5) the document shall be deemed to have been notified on the next working day following the notification of the public.
The law shall enter into force on January 1, 2011.
The Parliament adopted the law of 16 June 2010.
President Valdis Zatlers in Riga 2010 g. at 30 June