Amendments To The Corruption Prevention And Combating Bureau Act

Original Language Title: Grozījumi Korupcijas novēršanas un apkarošanas biroja likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/57.4


The Saeima has adopted and promulgated the following laws of Valstsprezident: amendments to the corruption prevention and combating Bureau law make corruption prevention and combating Bureau (Act of the Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2002, nr. 10; 2003, 8th., 14., 2005, no; 2, 5, 14; 2006, nr. 24. no; 2008, no. 24; 2009, 2., no. 15; Latvian journal, 2009, 193. no; 2011 169. No.) the following amendments: 1. Express article 2 by the following: ' article 2. The status of the Office (1) the Office has direct regulatory authority exercising this statutory functions in preventing and combating corruption, as well as controlling political organizations (parties) associations funding rules and check compliance with the limits set for election canvassing, canvassing before the referenda, canvassing for the initiation and promotion of the law on the withdrawal of the proceedings of the Parliament. (2) the Office is under the supervision of the Cabinet of Ministers. The Cabinet of Ministers of institutional oversight exercised by the Prime Minister. Monitoring includes the Prime Minister's right to audit the Office of the Chief of administrative decision adopted the rule of law and to repeal the unlawful decisions, as well as the ability to detect unlawful inaction, give an order to take a decision. Cabinet of Ministers to exercise oversight not relates to decisions by the Bureau shall adopt the performance of this law, 7, 8, 9 and 9.1 the functions mentioned in article. (3) the Office's operational activities. " 2. in article 3: put the name of the article as follows: "article 3. The structure of the Office and the Office of the advisory bodies '; to supplement the article with the fourth paragraph as follows: "(4) in order to ensure the participation of representatives of the public anti-corruption policy making, implementation and public education, the Office of the Chief of the Public creates Advisory Board. Public Advisory Council decisions are recommendations. " 3. Express 4, 5, 6 and 6.1 of the article as follows: "article 4. The Chief of the Office (1) the Office of the Commissioner shall lead the activities of the Office and is responsible for the statutory functions of the Office effective implementation. The Office Manager at the recommendation of the Cabinet of Ministers for a period of five years shall be appointed by the Saeima. Office of the Chief of the Office of the Parliament released in this law. Same person as Chief of the Bureau may be no more than two terms in a row. (2) to the Office of the Chief of the Office of the Cabinet of Ministers issued an open tender. The Cabinet Chief's Office determines the position of the applicant the logon conditions and procedures, as well as the selection and evaluation of applicants. (3) the Office of the Chief of the Office of the applicant selection by the Commission, chaired by the Director of the State Chancellery. The Commission is made up of the Attorney General, the Director of the Office for the protection of the Constitution and the Security Chief of police. Office of the Chief of the Office of the applicant in the selection of participating in an advisory capacity, not more than three public Advisory Council authorized representatives. (4) the functions of the Secretariat of the Commission provides a public registry. (5) For the post of the Chief of the Office of the applicant may nominate the person who will meet the following minimum requirements: 1) is a Latvian citizen with impeccable reputation; 2) manages the Latvian language and at least two foreign languages; 3) obtained the highest professional or academic education (except for the first level professional education) and legal qualifications, post the appropriate accumulated work experience and at least three years of experience in the executive position in public administration or in the field of the protection of the law; 4) is under the law "on State pensions" for the granting of old-age pension age set; 5) is convicted of an offence (whether removing or deleting criminal record); 6) is convicted of a criminal offence, freeing from punishment; 7) is called a criminally liable, unless the person is called to criminal liability, but the criminal proceedings against them terminated on a reabilitējoš basis; 8) is not and has not been the USSR, Latvian SSR or foreign, not members of the European Union or the North Atlantic Treaty Organisation Member States airport security (intelligence or counterintelligence service) of the State or a freelance employee, agent, or conspiratorial apartment resident holder; 9) is not and has not been with the law or a court order banned members of the Organization; 10) meets the requirements set out in law to get special permission for access to State secrets. (6) the Office shall perform the Chief Public Administration facilities Act direct authorities functions, as well as: 1) without express authorisation by the representative office; 2) without specific consent issued by the Prime Minister Office's internal regulations, with the exception of the rules of procedure of the Office; 3) determines the case consideration and decision-making competence of the Office; 4) not less than annually submitted to the Cabinet and the Parliament a report on the results of the operation of the Office of law 7, 8, 9. and referred to in article 9.1 functions of the Office for the development of personnel policies and budget spending. The examination of the report of the Cabinet of Ministers and the Parliamentary Commission in charge of the Attorney General may invite. If necessary, referred to in the third subparagraph, the Commission shall give the Cabinet and the Parliament for an opinion on the report of the Office of the Chief. The information to be included in the report, the level of detail and amount of which shall be determined by the Cabinet of Ministers. (7) the Office of the Chief's absence his duties in the Office of the Deputy Chief. (8) the Office Manager duties without special decision shall expire: 1) month from the day when the Office of the Chief of the Prime Minister and the Chairman of the Saeima submitted the application for abandonment of post; 2) if ends statutory term of Office; 3) reaching to the law "on State pensions" for the granting of old-age pension age set; 4) if the entry into force of the judgment of conviction; 5) if the death occurred. (9) the Chief of the Office of the parliamentary decision may be removed from Office if the law finds that he: 1) their duties, has made a deliberate crime or negligence, as a result of material damage to the State or person; 2) does not correspond to article 4 of this law in the fifth subparagraph; 3) participates in political organizations (parties) or their associations; 4) has not adhered to the law "on prevention of conflict of interest in the activities of public officials" such restrictions and prohibitions, as a result of the damage caused to the State or person; 5) intermittent unfitness is not served in Office for more than four months after six months or one year. (10) the ninth part of this article 1, 2, 3 and 4 for the reasons referred to in paragraph Office Chief to release from the post indicated, based on the Attorney General or the Minister of the information provided, assess the Commission, chaired by the Attorney General. The Commission is made up of the Director of the State Chancellery, constitutional protection and the Director of the Security Police Chief, as well as with the Advisory right to take part in its work not more than three public Advisory Council authorized representatives. If the Commission does not find this article ninth part 1., 2., 3., and in paragraph 4, the reasons for the release of the Chief of the Bureau of posts, his release procedures. Procedures established by the Commission to assess the reasons for the release of the Chief of the Bureau of posts, shall be determined by the Cabinet of Ministers. (11) If the tenth part of this article, the Commission finds that this article ninth part 1., 2., 3., and in paragraph 4, the reasons for the release of the Chief of the Bureau of posts, so prepare accordingly. Office of the Chief of this decision within 10 days from the date of notification, it can appeal to the administrative court. The court case as a Court of first instance. The case is being heard in the three judges. The court case and the determination shall be made within 30 days after receipt of the application. If the law says any procedural actions enforcement period, but by following the relevant procedural act within that period, would not be respected in this part of the proceedings and the award is made, the judge (Court) determines the appropriate procedural actions enforcement deadline. Administrative District Court ruling is not subject to further appeal. (12) If the eleventh part of this article, the Commission referred to in the decision is not appealed or have appealed, and the Court held that it is legitimate, the Commission shall forward the decision to the Prime Minister. Prime Minister draw up and submit to the Parliament the draft decision on the Chief's resignation. The parliamentary decision on the Office of the Chief's resignation may not be appealed.
5. article. Office workers (1) Office workers are officials and employees of the Office.

(2) Office is the Office of the Chief, his Deputy, the central apparatus and territorial chapter chapter leaders, investigators and other persons who provide the Office functions and be responsible for them, including the development of laws and regulations or the supervision of compliance with them, preparing or issuing administrative acts, preparing or adopting other individual rights decisions. (3) officials of the Office is employed in the public service, and the legal relationship of employment applicable to the employment relationship of the regulatory laws and rules that govern the equal rights principle, the principle of the prohibition of discrimination, the prohibition to cause no adverse effects, the working and rest time, pay, the employee's substantive responsibilities and deadlines, so far as it does not establish this law, State and local officials and employees of the institutions of the law of compensation or Government facilities. (4) the clerk is a person who performs the technical work (such as technical Secretary, chauffeur) and the second part of these functions. This person is employed in accordance with the laws and regulations governing the employment relationship. (5) the officers of the post office (except Office boss) can qualify a person who meets the following minimum requirements: 1) is a citizen of Latvia; 2) manages the Latvian language and at least one foreign language; 3) obtained higher education and accumulated a position appropriate work experience; 4) is under the law "on State pensions" for the granting of old-age pension age set; 5) is convicted of an offence (whether removing or deleting criminal record); 6) is convicted of a criminal offence, freeing from punishment; 7) is called a criminally liable, unless the person is called to criminal liability, but the criminal proceedings against them terminated on a reabilitējoš basis; 8) is not and has not been the USSR, Latvian SSR or foreign, not members of the European Union or the North Atlantic Treaty Organisation Member States airport security (intelligence or counterintelligence service) of the State or a freelance employee, agent, or conspiratorial apartment resident holder; 9) is not and has not been with the law or a court order banned members of the organization. (6) post Office officials can employ also the person who has not attained higher education where such education is not required to perform the position, the applicant's secondary education and post the appropriate work experience. (7) the Chief of the Office shall determine the applicant to the Office and staff officer position selection procedures. (8) the officers and employees of the Office have to comply with the law "on State secrets", to get the special permission for access to State secrets.
6. article. Office of the officer's appointment and dismissal from Office (1) the officials of the Office shall be appointed and relieved of the post of the Chief of the Bureau. (2) the officials of the Office shall be appointed for an indeterminate period of time. Officials of the Bureau shall be eligible for reappointment for a certain period of time, also indicating the service conditions which it shall determine. (3) a person shall be appointed by the Bureau officials, the Chief of the Office may determine the inspection period which cannot exceed six months. (4) officials of the Bureau (excluding the Office boss) entering the Office shall expire: 1) if the officer with the Bureau Chief's decision is released from Office; 2 If the fallen officer's death); 3) on the basis of the Office Manager and the officer's written agreement. (5) officials of the Office of the Chief of the Bureau's decision to exempt from the post: 1) at the same election; 2) expiry review; 3) due to the behavior; 4) due to non-compliance with job position; 5) due to the fact that the performance rating results are not satisfactory; 6) due to non-compliance with this statutory minimum requirements (article 5 of this law, the fifth and the eighth part); 7) reaching to the law "on State pensions" age for the age pension, except for the officials leaving office at a certain time is taken the decision is based; 8) due to the Elimination of the post or reduction of the number of officials; 9) due to the fact that officials of the temporary unfitness has not complied with his duties for more than four months in a row or six months within one year; 10) release from official posts in applying as a disciplinary measure; 11) due to the election or appointment to another post, if regulations prohibit officials posts linking to relevant posts; 12) due to a criminal conviction reabilitējoš the judgment of the Court of Justice or the Prosecutor's statement about criminal penalties; 13) due to the fact that the officer is unable to perform his duties for health reasons, and the doctor's opinion. (6) Office of the Chief of the Office's decision of dismissal of the officials concerned may appeal to the court officer in the administrative procedure law. (7) the Office's officials to the termination of the service, including the release of the service does not require the consent of the Trade Union.
6.1 article. Officials and employees of the Office activities and outcomes assessment (1) officials of the Bureau (excluding the Office boss) and employee activities and outcomes assessment each year officers or employee's supervisor or the Chief of the Office of Evaluation Commission created. (2) the officers and employees of the Office activities and outcomes evaluation order is determined by the Chief of the Bureau. (3) the results of the evaluation is the basis for the decision on the continuation of the employment relationship or termination, redeployment and remuneration. " 4. a add to chapter II of the Act with article 6.2, the following:

"6.2 article. Officers and staff of the Office of removal from post (1) If the Office of the appropriate officer of a security feature or launched its prosecution, the Office Manager can impeach the Executive (the Chief of the Office of the Attorney General) from the post office and stop the full remuneration cost for the subsequent period from the date of suspension, this time for paying the minimum monthly salary, if the official regulations are laid down special State officials post connection restrictions. If an official suspension during connecting your Government officials authorised by law for posts posts and generate income, pay the cost of the future time from the date of suspension will not be paid. (2) if such officials suspended the Court recognised as guilty of the crime, pay the cost of removal of the time, but if at the time of suspension of the minimum monthly salary paid to the officials, the difference between the full pay and minimum wages for the period of suspension shall not be paid. In the case of officials condoning the paid remuneration for the period of suspension, but if at the time of suspension, or a paid employee of the official minimum monthly salary, the cost of the difference between the full pay and minimum wages. (3) the Office of the Chief at the time, but not more than three months can impeach officials or employees of the post office, if the officer or employee in the performance of official duties, is alcohol, drugs or toxic intoxication, as well as in other cases, where the officer or employee not removal from post office could harm his own or a third party or to the safety and health of public interest or interfere with disciplinary or criminal investigation. In the case of suspension remuneration cost for suspends future time from the date of suspension. If the officer or employee's suspension was not justified in suspending official or employee shall pay the remuneration for the period of suspension. " 5. Article 25: turn off the title, the words "and employees"; make the first part as follows: "(1) For abuse of the service, the service's overstepping, State secrets, or limited availability of information and agenda, the specific job failure or negligence in the exercise of these responsibilities, the Office of property damage or loss, as well as the Office's code of ethics and professional conduct laid down the basic principles of behavior, shameful acts incompatible with the status of officials and other breaches of the laws and regulations of the job duties of the officers of the Bureau (excluding the Office boss) called to disciplinary action."; turn off the second part of the introductory part, the words "and" employee "; to make a fifth by the following: "(5) the Office of the Chief disciplinary measure imposed 10 days of the disciplinary Commission of the date of receipt of the opinion. The decision on the application of disciplinary actions can be appealed within one month of the date of entry into force of the decision of the Court of Justice of the administrative procedure law. "; turn off the sixth paragraph, the words "and employees". 6. transitional provisions be supplemented with 12, 13, 14 and 15 the point as follows: "Cabinet of Ministers to 12.1 June 2016 manages this law, article 4, second paragraph, the rules laid down. Until the date of entry into force of the provisions, but not longer than until 1 June 2016, is applicable to the Cabinet of Ministers of 2 October 2012 rules no. 671 "corruption prevention and combating Bureau Chief's job applicants, the selection procedures", to the extent they do not conflict with this Act. 13. The Cabinet of Ministers until 1 June 2016 manages this law, article 4, paragraph 4 of the sixth part of the provisions that define the information to be included in the report, the level of detail and volume. 14. The Cabinet of Ministers by 2016 December 31 article 4 of this law shall be issued on the 10th of the provisions laid down in part. Until the date of entry into force of rules, but no longer than up to 2016 December 31 are applicable to Cabinet 27 November 2007 the Regulation No. 818 "procedures be established by the Commission to assess the reasons for the corruption prevention and combating Bureau Chief to release from the post" as long as they do not conflict with this Act. 15. the Office of the Commissioner not later than 30 June 2016, to warn the Office employees, that should the public service relations for labour relations and public service legal relationship established. If the employee (officer or employee) in the month following receipt of the alerts did not agree to set up a national service, the then Chief of the Office with the order terminating the employment relationship with the employee. This legal relationship is not necessary for the trade unions. " The Parliament adopted the law on 10 March 2016. The President of the Parliament instead of the President i. Mūrniec Riga 2016 March 22.