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/193684

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 (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2005, nr. 8; 2008, no. 15) the following amendments: 1. Express article 3 by the following: ' article 3. The right to legal assistance (1) the right to legal aid are: 1) the citizen of Latvia;
not a citizen of Latvia, 2);
3) stateless persons;
4) European Union citizen who is not a citizen of Latvia, but legally residing in the Republic of Latvia;
5) foreigner (including refugee and a person who has been granted the status of subsidiary in the Republic of Latvia), which is not a Member State of the European Union citizen if he legally residing in the Republic of Latvia and has received a permanent residence permit;
6) person according to Latvia's international obligations is the law of the Republic of Latvia on legal assistance;
7) asylum seeker;
8) to a person whose habitual residence or domicile is one of the Member States of the European Union, cross-border disputes.
(2) the first subparagraph of this article, 1., 2., 3., 4. and 5. referred to natural persons have the right to request legal aid if: 1) they have got for needy or poor status according to the procedures laid down in the laws of natural person recognised as disadvantaged or underprivileged;
2) they suddenly get into this situation and material condition, prevent them to ensure their rights are protected (in the case of natural disasters, force majeure or other person as a result of circumstances), or in full in the national or municipal maintenance (hereinafter referred to as the specific situation).
(3) the first subparagraph of paragraph 6 and 8 the following natural persons shall be entitled to legal aid, if this person, considering the specific situation or the condition of the property and the income level, not in a position to ensure their protection. The Cabinet of Ministers shall determine the cases in which the first part of this article 6 and 8 of the persons referred to in point position and income level considered appropriate for the granting of legal aid, and their evaluation. "
2. Put article 5 and 6 by the following: "article 5. Legal aid general provisions (1) the State provides legal aid legal issue out of court and in court or contested the injured person's legal or statutory protected interests in the cases provided for in this law, and volume.
(2) the applicant State provides legal assistance to appeal procedures in the asylum process. The institution, which is responsible for examining the asylum application, provides legal assistance need assessment and the legal aid applicant's communication with the legal aid provider.
(3) the State provides legal aid to a person when assessing its compliance with legal aid, as well as the person's application for legal aid, and then add the information in the documents, except in the cases provided by law.
(4) costs relating to this law provides legal assistance, are covered from the State budget funds for this purpose.
(5) the scope of legal aid determines the hours and specific action. The Cabinet of Ministers shall determine the types of legal aid, the amount paid and the amount of the provision of legal assistance reimbursed related expenses and the cost of the order.
(6) in the cases specified in this Act a person fully repaid in legal aid costs.
(7) the State shall bear the costs (including stamp duty, registry fees, related to the proceedings and other expenses), payable in accordance with the laws and regulations or a court order.
(8) in exceptional cases legal aid provides additional in the legal and legal aid, without taking account of this law article 6 5 and 6 referred to the conditions, if the failure to provide legal aid to significantly limit the Latvian Constitution guaranteed the fundamental rights of the person.
6. article. The basis for refusal of legal aid for legal aid is refused if: 1) a person does not comply with this law in article 3 of the said criteria;
2) this Act does not provide the appropriate assurance of legal aid cases;
3) persons requesting legal aid is not justified;
4) person is not timely requested legal assistance;
5) the competent authority has helped the party, pointing to the resolution of the situation of legal opportunities, preparing people for the implementation of the protection of the rights or the necessary documents or providing other forms of assistance, and because legal aid is no longer required;
6) the last two years since the previous legal aid provision in the person they had stopped because the person requesting legal aid, provided the wrong match;
7), a person who had been charged with the obligation to repay legal aid, has not done so within the time and in the amount;
8) it concerns a claim, which is directly related to the person's economic activities or commercial or independent professional activity;
9) it is related to the tax and customs issues;
10) it concerns a claim for harassment and human dignity;
11) is associated with the moral damages;
12 dispute settled by arbitration) or using other alternative dispute resolution mechanisms;
13) it is associated with the loan agreement, in which the person requesting legal aid, is a lender;
14) it concerns a claim related to the fancy or luxury services;
15) it concerns a claim for contractual obligations, if the provision of legal aid expenditure is disproportionately large compared to the amount of the claim. "
3. Express 9, 10 and 11 of the article as follows: "article 9. Non-judicial legal assistance the State provides legal advice and drafting of pleadings: 1) in a civil dispute or contested persons injured or by law protected interests;
2) violent crime injured party to find out the rights and obligations of private accusation criminal proceedings and to draw up the related procedural documents;
3) if the person is engaged in a legal dispute in which possible legal proceedings to prepared application or application to the Court or settlement document.
10. article. Provision of legal assistance in civil legal aid in civil cases, the person may request pending a final court ruling on entry into force.
11. article. Legal aid in civil matters the State provides civil litigation during the following legal aid: 1) legal advice;
2) procedural documents;
3) representation in court. "
4. Turn off the 12, 13 and 14.
5. To supplement the law with the chapter IV1 by the following: "chapter IV1 legal aid in cross-border disputes 14.1 article. The concept of cross-border disputes, cross-border dispute is one in which the party's residence or domicile, which requires legal assistance, time of receipt of the application for legal aid, the progress is not hearing or court order or public law enforcement in the country.
Article 14.2. The provision of legal aid in cross-border disputes (1) the State provides legal aid in cross-border disputes out of court and in court.
(2) On legal aid for cross-border disputes, the receipt of this law should not be covered by article 5, 6, 10, 11, 12, 13, 14 and 15 in the refusal of a legal aid basis.
(3) legal aid in cross-border disputes in the civil parties may request until the court order or authentic instrument has not been fulfilled.
Article 14.3. The types of legal aid in cross-border cases (1) in cases of cross-border disputes, the State provides: 1) legal advice;
2) procedural documents;
3) representation in court.
(2) in addition to the Person referred to in the first paragraph has the right to: 1) interpreting services;
2) required by the Court or by the competent authority and submitted by the beneficiary of legal aid for the translation of documents, which are necessary for the resolution of the case;
3 payment of expenditure) related with the arrival on the Court, if the person's presence in court is provided for by law or requested by the Court, deciding that the person concerned can not hear otherwise.
14.4 article. The application and transfer of cross-border disputes (1) If a person whose normal place of residence or domicile in the Republic of Latvia wishes to receive legal aid in cross-border disputes, the administration of legal aid shall submit a corresponding application.
(2) the legal aid administrative authority referred to in the first paragraph of the application within seven days from the date of receipt of the translation forwarded to other competent national authority.

(3) the legal aid administration refuses to transfer application, if it is not associated with cross-border disputes. This decision can be challenged under article 26 of this law.
Article 14.5. Cross-border dispute is received in the examination of the application (1) If the legal aid administrative authority receives the other competent national authorities transferred the relevant application in cross-border disputes, their appearance in General.
(2) the special situation of the Person evaluated by the same criteria that are used when considering a cross-border dispute unrelated to the legal aid applications.
(3) personal property and income-level compliance with the grant of legal aid shall be assessed in accordance with article 3 of this law, in the third paragraph, the Cabinet of Ministers laid down the rules.
(4) a Person who wishes to receive legal aid in cross-border disputes, you can ask legal aid even if the show that could not pay the legal aid expenses because the level of prosperity to their place of residence or domicile in the country and the country where the Court is sitting, is different. "
6. Express 15, 16, 17 and 18, article by the following: ' article 15. Provision of legal assistance in administrative matters the State provides legal assistance to administrative appeal procedures in the asylum process, and the person may require it until a final court ruling on entry into force.
16. article. Legal aid in administrative cases administrative State: 1) provides legal advice;
2) procedural documents;
3) representation in court.
Article 17. Provision of legal assistance in criminal matters of Persons who by law are entitled to defense or representation in criminal matters, may require legal assistance until a final court ruling on entry into force.
18. article. Legal assistance in criminal matters in criminal matters the State provides: 1) the provision of advice and procedural documents private accusation criminal proceedings;
2) procedural documents in criminal proceedings;
3) defense or representation in criminal proceedings. "
7. Express article 22 and 23 by the following: ' article 22. Application for legal aid and information on legal aid (1) a Person who wishes to receive legal aid, submitted: 1) the application for legal aid, the legal aid applications completed form;
2) if necessary, with copies of the documents certifying the information referred to in the form;
3) documents proving the person's particular situation, or the regulations issued in accordance with the procedure laid down in the document (certificate), which attests the conformity of the poor person or persons disadvantaged status.
(2) the legal aid application form approved by the Cabinet of Ministers.
(3) a Person may obtain a legal aid application form, as well as information on the form and the documents that you want to add the legal aid administration or municipality administrative territory of which that person is domiciled or in which it legally reside.
(4) the legal aid application forms and information on the fill shall be issued free of charge.
(5) the Person's application for legal aid in (fill in the legal aid application form) shall provide for the administration of legal aid.
(6) a Person may receive information about legal aid appeal procedures in the asylum process in the body, which is responsible for examining the asylum application.
(7) If a decision on granting legal aid, the person has received legal assistance, but is not used in this law, the fifth subparagraph of article 5 in the Cabinet of Ministers regulations specified the amount of legal aid and the person wants to receive further legal aid, it shall submit to the administration of the legal aid application for legal aid in the future and, if necessary, with copies of the documents certifying the information referred to in the application.
23. article. The order in which the appearance of the application for legal aid and the application for further legal assistance (1) the legal aid administration within 21 days, but in cases involving the rights of the child, within 14 days from the day of receipt of the application for legal aid or an application for legal assistance in the future, assess the provision of legal aid and the volume and shall decide on the granting of legal aid or the refusal to grant.
(2) If the legal aid administrative authority ascertains that the decision requires additional information, it shall within seven days from the date of receipt of the application, request additional information, the applicant legal aid and, if necessary, legal aid providers, State and local authorities, informing the applicant of legal aid.
(3) additional information request suspends the first part set out in the decision.
(4) If the legal aid administrative authority 15 days does not receive from the legal aid applicant the requested information, it shall decide on the refusal to grant legal aid.
(5) the decision to grant legal aid, or refusal to grant is an administrative act.
(6) the administration of legal aid in the decision to grant legal aid legal assistance granted to indicate the amount of the posted legal aid provider, the legal aid applicant's and provider's first meeting time and location, with the exception of article 33 of this law referred to in the third subparagraph.
(7) the decision to grant legal aid in part on legal aid provider posting is not an administrative act.
(8) the administration of legal aid application for legal aid or the submission of any further legal aid left without examination if: 1 the person writing the reference) application for legal assistance or the application for legal aid in the future;
2) the person who submitted the application for legal aid or an application for legal aid in the future, is dead.
(9) in This Act to the application and the examination procedure does not apply to the provision of legal aid for the appeal procedure in the asylum process. "
8. Express article 25 and 26 as follows: "article 25. The decision on the notification of the decision to grant legal aid, or refusal to grant, in writing, notify the sending them to a legal aid applicant's address or transferring personally. The decision on granting legal aid the legal aid provider, with the exception of article 33 of this law referred to in the third subparagraph.
26. article. The decision of the opposition and appeal procedures for the administration of legal aid to a person can challenge the decision and appeal against administrative procedure law. Administrative District Court decision may not be appealed. "
9. Article 33 of the expression as follows: "article 33. The legal aid provider designation (1) in making a decision to grant legal aid, the legal aid administrative authority shall designate a legal aid provider of the particular case.
(2) the legal aid administration chooses the provider of legal aid in the light of it: 1) expertise;
2) specialization;
3) workload;
4 the particular case) can provide legal assistance (for example, assess the likelihood of a conflict of interest, etc.);
5) location to evaluate what distance must be carried out by a person in order to receive legal assistance.
(3) in exceptional cases, the decision on legal aid, it is not possible to designate the legal aid provider and define the legal aid applicant and the provider of the first meeting of the time and place of the legal aid administration designate the legal aid provider after the decision to grant legal aid, and shall inform the applicant for legal aid legal aid volume and the first appointment with the legal aid provider of the time and place.
(4) Assignment of the legal aid administration: 1) the legal aid applicant's name, surname, personal code, place of residence and contact information;
2) legal aid provider's name, surname or name, practice and contact information;
3) category of things that granted legal aid;
4) the legal aid form and amount;
5) provision of legal assistance;
6) the legal aid applicant's and provider's first appointment time and place, or the order in which the legal aid applicant can contact the legal aid provider.
(5) the order is not an administrative act.
(6) the legal aid administrative authority shall designate the legal aid provider, if an asylum seeker from the institution, which is responsible for examining the application for asylum and the need for legal aid in the evaluation of the received request.

(7) the legal aid administration does not support the decision for granting legal aid and legal aid stopped, if: 1) a person shall be submitted in writing to the request;
2) a person who is granted legal aid, is dead;
3) received legal aid provider's opinion about the future usefulness of legal aid;
4) person repeatedly without justification, has failed to appear at a legal aid provider at the specified time and place and is not declared in the absence of legal aid administration or legal aid or refuses to contribute to legal aid or the decision granting legal aid provided for;
5) after the decision on the granting of legal aid is determined that the person does not comply with article 3 of this law. "
10. Turn off the article 34, first paragraph, point 5, second and third.
11. Article 35 be expressed as follows: "article 35. With legal aid expenditure payment procedure (1) the legal aid administration, found some 34 of this law, the first paragraph of article 1, 2, and 3. the cases referred to in paragraph 1, shall take a decision on the payment of the costs associated with the provision of legal aid. That decision shall be taken no later than three years from the relevant legal aid in the last days.
(2) the legal aid administration of this law in accordance with the procedure laid down in article 25 shall notify the person of the decision taken. This decision can be challenged under article 26 of this law.
(3) the decision on the payment of the costs associated with the provision of legal aid, the legal aid administration indicates the amount of expenditure to be repaid and State budget account, which it should.
(4) the Person in charge with the provision of legal aid expenses within 30 days after the first part of this article, determine the date of entry into force of the decision and shall be submitted to the legal aid administration documents certifying payment.
(5) If there are reasonable grounds, the person submitting the written application, the motivated can ask legal aid administration in the first part of this article, determine the amount specified in the decision to split the payment deadlines. The legal aid administrative authority shall decide on the expenditure to be repaid the amount of the payment or denial within the Division of repayable amounts paid to split time.
(6) if the amount of expenditure to be repaid is divided into periods, the entire amount to be repaid no later than one year from the date of entry into force of the legal aid administration decision on the payment of expenditure related to the provision of legal aid.
(7) if the person in the first paragraph of this article, the decision does not established enforcement and willingly pay not with legal aid, the legal aid administrative authority shall be submitted to a sworn bailiff of the administrative procedure law in the executory order issued.
(8) legal assistance reimbursed related expenses to be charged to the national budget. "
12. transitional provisions supplementing with 8, 9, 10, 11 and 12 of the following paragraph: "8. the applications for legal aid, where the legal aid administration received up to 30 June 2009, the appearance of the administration of legal aid, legal aid is granted, and provides in the order and in such cases and to the extent determined by the legislation in force until 30 June 2009.
9. cases in which legal aid was granted to 30 June 2009, the submissions on further legal aid legal aid administration and the appearance of legal aid shall be granted in such cases and to the extent determined by the legislation in force until 30 June 2009.
10. Until the date of entry into force of this law, article 3, third paragraph, of the Cabinet of Ministers referred to in the rules governing cases in which article 3 of this law, the first subparagraph of paragraph 6 and 8 persons referred to in condition and income level considered appropriate for the granting of legal aid, and the evaluation procedure, but not longer than until the 2009 December 31 is applicable to the Cabinet on July 4, 2006, the Regulation No 558 "provisions on the special situation of the person property situation and the adequacy of the level of income on State legal aid "in so far as they do not conflict with this Act.
11. Until the date of entry into force of this law, article 5 of the fifth part of the Cabinet of Ministers referred to in the regulations governing the national legal aid, the amount of pay and with national legal assistance reimbursed related expenses and the cost of the procedure, but not longer than until the 2009 December 31 are applicable to Cabinet 22 December 2008 a Regulation No 1068 "provisions on State legal aid amount the amount recoverable, pay expenses and the cost of the order ", in so far as they do not conflict with this Act.
12. Until the date of entry into force of this law, article 22, second paragraph, the Cabinet of Ministers referred to the rules governing the legal aid application form sample, but not longer than until the 2009 December 31 is applicable to the Cabinet of Ministers of 11 December 2007 the Regulation No 850 "rules on legal aid application form", in so far as they do not conflict with this Act. "
The law shall enter into force on July 1, 2009.
The Parliament adopted the law of 12 June 2009.
President Valdis Zatlers in Riga V. 26 June 2009 Editorial Note: the law shall enter into force by 1 July 2009.