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

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

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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 in the course of the service, to do the Interior Ministry system and the institutions of the prison administration with a special service officer grade in the course of the Service Act (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2006, No 14; 2008, 12, no. 16) follows: 1. Replace the entire law, the word "order" (the number and fold) with the words "order (orders)" (the number and fold).
2. in article 3: replace the second paragraph, the words "the cost of the average earnings in cases where the employee is not performing the job for good reasons" with the words "consideration in cases where the employee is not performing the job for good reasons";
to complement the second paragraph after the words "civil liability of the employee" with the words "time, which gives the right to annual paid leave";
to make the fourth subparagraph by the following: "(4) an official position connect, income generation, business restrictions and other restrictions, prohibitions and obligations are determined by the law on the prevention of conflicts of interest in the activities of public officials". ";
replace the fifth part numbers and the words "33, 35 and 36, article 37, article the first and the seventh part, 39, and" with numbers and words, "33, 34, 35 and 36, article 37, article the first, fourth, seventh, eighth, ninth, tenth, and twelfth, 39, 42 and".
3. To make article 4 paragraph 4 by the following: "4) which is not penalized for intentional criminal offence, irrespective of the criminal or removing deletion;".
4. in article 5: replace the first paragraph, the words "pay" with the words "service fees";
to supplement the article with the third part as follows: "(3) the officer Retirement are excluded, when it, in accordance with article 14 of this law, the first, second or third part been suspended from their duties and the execution of the criminal law in recognized guilty of the crime."
5. Replace paragraph 4 of article 6, the word "behavior" with the word "ethical".
6. in article 9: turn off the second part;
in the fifth subparagraph, replace the words "higher education" with the words "academic or second level professional higher education".
7. in article 12: make the first paragraph by the following: "(1) an official of the other absent officers posts or other vacant posts, in the light of the post in question, can be transferred: 1) in the interests of the service for a certain period of time to ensure the efficient performance of duties;
2) in the interests of the service for an indeterminate period of time, to ensure the effective performance of duties;
3) at the same election;
4) due to non-compliance post;
5) the removal of posts or departments (authority) or by reorganizing;
6) due to the Ministry of the Interior system educational institutions graduating;
7) due to the fact that over to officials in the interests of the service was transferred to another post;
8) lost interest, the service which was the basis for the redeployment of officials;
9) application of disciplinary measure — the demotion;
10) due to disciplinary action — lowering post — expiry of execution. "
Add to article 1.1 part as follows: "(11) Officers can be transferred to the Ministry of the Interior system of education educational institution.";
make the second paragraph as follows: "(2) the first subparagraph of paragraph 2 and 5, as well as 1.1 in the case referred to in another post of officials can be transferred only with the agreement.";
Add to sixth with the sentence the following wording: "the officer moved to the Ministry of the Interior system of education educational institution, retains the previous post monthly salary specified.";
to supplement the article with the eighth and the ninth subparagraph by the following: "(8) where a transferred officer post in the first paragraph of this article, in point 1, and in accordance with the procedure laid down in paragraph 1.1, the application of this article it sixth, and changing these officers retirement or monthly salary, the head of the institution to which the official concerned, postponed or his authorized officer determines the monthly base salary these officials about according to the post, from which it was transferred.
(9) If an official transferred post the first part of this article, in point 2, in accordance with the procedure laid down in application of this article it sixth, and changing these officers retirement or monthly salary, the head of the institution to which the official concerned, postponed or his authorized officer determines the monthly base salary these officials about appropriate posts to which it was transferred. "
8. Replace article 13 the words "pay" with the words "service fees".
9. in article 14: make the first, second and third subparagraph by the following: "(1) the officer against whom the prosecution is initiated by a written order (orders) may be suspended from their duties. For the period of suspension without pay of the service cost.
(2) an official who as a security feature is suitable for occupation by the ban limit at the time to perform a specific job responsibilities or house arrest, with a written order (order) disqualified from Office. For the period of suspension without pay of the service cost.
(3) an official who as a security feature is suitable for detention, by written order (order) disqualified from Office. For the period of suspension without pay and charged service intake compensation. ";
replace the fourth subparagraph, the words "a suspended official are paid salaries, compensation and benefits for the period of suspension" with the words "suspended official paid remuneration for the suspension of the service and in accordance with the third paragraph of this article, not the intake compensation paid".
10. in article 15: to supplement the first subparagraph following the words ' Post requirements "with the words" (including a required minimum education) ";
to supplement the article with the third part as follows: "(3) the officer's job description indicates the following minimum education required: 1) of the special service rank the degree of post-secondary education;
2) corporal, Sergeant, virsseržant or a special service warrant_officer degree position — Professional (2.) education (prison administration, secondary education);
3), first lieutenant or captain's special service to the degree of position — the first level professional higher education;
4) major, Lieutenant Colonel, Colonel or General's special service to the degree of position — academic or second level professional higher education. "
11. in article 16: make the third paragraph as follows: "(3) the officer's evaluation activities and outcomes can be: 1) meet the eligibility requirements, you can push the appointment of senior posts;
2) complies with the requirements;
3) partially does not meet the requirements;
4) does not meet the requirements. ";
in the fourth paragraph, replace the words "pay" with the words "service fees".
12. in article 17: make the second and the third part as follows: "(2) the head of the authority or the authorized officer, evaluated the officers need skills, provides an opportunity to raise the qualifications of officer training courses, maintaining its monthly base salary, bonus for special service rank, the premium for the intake of retirement and compensation. The Cabinet of Ministers shall determine the order in which officials sent to raise the qualifications of training courses and qualifications with the officials of the related expenses and repayment conditions and procedures.
(3) the head of the authority or the authorized officer, after considering the need of the service can send officials to the educational institution to obtain the professional officer education, keeping it a month base salary, bonus for special service rank, the premium for the intake of retirement and compensation. Cabinet determines what expenses are considered to be costs associated with the acquisition of vocational training, as well as with officials of the professional education-related expenses and the repayment order. ";
Add to article 3.1 and 3.2 part as follows: "(31) With education officials in the Interior Ministry system colleges sais expenditure financed wound from the State budget. With education officials in the Police Academy of Latvia wound expenditure financed expenditure from the State budget of the country studies place the number ordered.
(32) the cabinet shall determine the means of the State budget expenditure financed by the Authority official, who released the report from the Ministry of the Interior system of educational institutions (except when the deduction is going for health reasons) or retired from service (with the exception of this law, the first paragraph of article 47 of 3, 6, 9, 10, and the second subparagraph of paragraph 1 in the cases referred to in paragraph), or after completion of an educational institution of the Ministry of the interior least consecutive system or in the prison administration for less than five years as well as the arrangements for the refund of expenses. "

to make the fourth subparagraph by the following: "(4) If an official job description for the specific education without interrupting service duties, fees for successfully enrolling in the State accredited higher education institution, it receives compensation, which covers half of the school year. Compensation paid to Cabinet. ";
in the fifth subparagraph, replace the words and figures "(with the exception of this law article 47, first paragraph, 3, 6, 9 and 10 in paragraph)" with the words and figures "(with the exception of this law article 47, first paragraph, 3, 6, 9, 10, and the second subparagraph of paragraph 1 in the cases referred to in paragraph)".
13. Replace article 18, second paragraph, the words "pay" with the words "service fees".
14. To supplement the law with article 19.1 the following: ' article 19.1. Instructors and officers Officer under the special ranks are: 1) instructors — officials who assigned the rank of corporal, Sergeant, virsseržant, and a special rank warrant_officer;
2) latest officers — officials who assigned a Lieutenant, and captain's first special rank;
3) senior officers — officials who granted major, Lieutenant Colonel and Colonel in the special rank;
4) higher officers — officials who awarded the General's special rank. "
15. Article 20: make quarter point 2 as follows: "2) officer has specified in the job description education;"
to complement the fourth paragraph 6 by the following: "6) were instituted disciplinary proceedings against officers."
16. the express article 22, first paragraph as follows: "(1) an official of another special service rank grant in the following order: 1) if the post of corporal for schedule Professional (2.) education;
2) Sergeant — after three years of the special nodienēšan corporal rank;
3) virsseržant — after four years of nodienēšan the special rank of Sergeant;
4) — after five years warrant_officer nodienēšan of virsseržant of the special ranks;
5) Lieutenant, by appointment of this law, article 21, paragraph 2 above;
6) — after the first two years of the special nodienēšan Lieutenant ranks;
7) Captain: after three years of special service nodienēšan first grade;
8) major: after four years of nodienēšan the special rank of Captain;
9) Lieutenant Colonel — after five years of major nodienēšan the special ranks;
10) Colonel — after five years of nodienēšan the special rank Lieutenant Colonel;
11) General — after five years of dedicated service nodienēšan Colonel grade. "
17. Supplement article 23, under the third subparagraph by the following: "(3) the officer that no disciplinary action — lowering the rank of one degree, previous special service rank are renewed after the expiry of the due date, no disciplinary action."
18. Article 24: replace the first paragraph, the words "good performance" with the words "good execution of duties";
replace the second paragraph, the words "at least six months from the execution of the disciplinary actions" with the words "at least six months, but if no disciplinary action — note, at least one month from the date of application of the disciplinary actions, or from the day on which the execution of the disciplinary actions".
19. Chapter VII be expressed by the following: "Chapter VII in the course of the service organization article 26. In the course of the service, the General rules of the Organization (1) officers in the performance of official functions organized by the authorities.
(2) taking into account the nature of the duties, the head of the authority or the authorized officer shall determine the specific duties of the run-time type of the organization or individual departments concerned officials.
27. article. Normal duties execution time (1) officials of the normal duties of the service time is eight hours per 24-hour period, the pre-holiday days, seven hours, but the week: 40 hours.
(2) the weekly rest days are Saturday and Sunday. Officials of the service duties does not engage in the statutory public holidays.
28. article. Duties of the aggregated execution time (1) if it is not possible to comply with the normal duties of the run time duration, the head of the authority or the authorized officer shall determine the duties of the summarized lead time.
(2) the duties of the aggregated execution time may not exceed the normal duties in the run-time hours per four-month accounting period.
(3) the weekly rest period for the seven-day period may not be less than 36 hours in a row.
29. article. Performance of duties over a certain duties in the run time (1) taking into account the need of the service, the head of the authority or the authorized officer's order (the order) may engage the services of official duties over certain duties in due time, weekly rest days and statutory holidays in, as well as the rest of the week, up to a maximum of 144 hours in a period of four months.
(2) if the officer determined the normal duties of the execution time, the first paragraph of this article during the accounting period shall be the calendar month. If the official in aggregated duties execution time, the first paragraph of this article during the accounting period shall be four calendar months.
30. article. Break in service during the execution of the obligation (1) to assign Officials to break, which may not be less than 30 minutes and not included in the course of the service.
(2) taking into account the need of the service, the head of the authority or the authorized officer may impose a prohibition on leaving the service, the place of performance of the duties of the break.
31. article. In the course of the service records (1) the duties of the service time tracking organized institutions.
(2) the duties of the officials lead time records by completing the service time tracking table.
(3) the duties of the service time tracking tables lists the duties of each officer's run time hours, including article 29 of this law of that time, and service obligations during the night.
(4) For the performance of duties in the accounts during the night time, during which the officer during the period from 22 to 6 for more than two hours in the performance of official duties. "
20. the title of Chapter VIII to replace the words "pay" with the words "service fees".
21. Article 32: replace the title of the article the words "pay" with the words "service fees";
make the first part as follows: "(1) an officer shall receive remuneration for the services of the monthly salary, allowances and bonuses. The officer, who teaches in the Interior Ministry system educational establishment, does not receive the legislation that student (learner) scholarship. ";
replace the second paragraph, the words "pay" with the words "service fees".
22. Article 33: express the eighth by the following: "(8) an official annual paid leave may be granted in part. One of the parts of the leave may not be less than 14 calendar days. Not be permitted an annual paid leave to split more than three parts. "
adding to the eleventh subparagraph after the word "undo" with the words "and does not apply to this article, the eighth such restrictions".
23. Replace article 36 title and text, the words "pay" with the words "service fees".
24. Article 37: turn off in the first paragraph, the words "(excluding transfers to or from an educational institution of education authorities in connection with education)";
Add to paragraph 2, the third paragraph after the word "vacation" with the words "(hereinafter referred to as the vacation allowance)";
replace the fourth subparagraph, the word "unique" by the word "vacation";
to make the ninth subparagraph by the following: "(9) If an official of their duties, have suffered in the accident and made health it paid benefit. This allowance shall be paid in addition to other statutory benefits. Health, for which the officer is paid that allowance, benefits, as well as cases in which this allowance shall not be paid, shall be determined by the Cabinet of Ministers. "
to supplement the article with the tenth, eleventh and twelfth, as follows: "(10) a decision on the part of this article ninth of the allowance referred to in the accepted accident investigation Commission.
(11) the cabinet shall determine the allowances referred to in this article shall be the receipt of the order.
(12) the ninth part of this article and in article 38 of this law referred to in the first subparagraph shall not be subject to statutory benefits for taxes and other mandatory payments. "
25. Article 38: replace the second paragraph, the introductory paragraph and the words "in article 39 compensation referred to in the fourth paragraph," with a number and the words "in article 37, part of the ninth allowance";
to supplement the article with the sixth part as follows: "(6) the cabinet shall determine the first and the third part of the said benefits, funeral expenses, if officials had died in the course of their duties, and procedures, as well as to cover cases in which the first paragraph of this article shall not be paid the benefits."
26. in article 39:

make the first part as follows: "(1) If an official transferred to another administrative territory in the interests of the territory, change domicile, it compensates for with moving expenses. Compensation for new living space rent and utilities grant the officer moved the post to another administrative territory for a certain period of time. "
turn off the fourth part;
express the fifth and sixth the following: "(5) the intake Officer receives compensation, with the exception of this law article 14 and the third subparagraph of article 36 of the above cases, as well as the time when the child's father in leave or parental leave.
(6) compensation shall be laid down in this article and the procedures for the payment, as well as cases where the officer does not receive compensation for new living space rent and utilities, are determined by the Cabinet of Ministers. ";
off the seventh part.
27. Article 43: replace the first paragraph, the words "pay" with the words "service fees";
to make the fourth subparagraph by the following: "(4) an official who, under the authority of a foreign State decided by the head guard of the Republic of Latvia in the diplomatic or consular missions, in addition to the remuneration of the service and in statutory benefits and payroll received compensation allowance for service abroad and compensation for travel expenses incurred.";
Add to article 4.1 part as follows: "(5) the authority shall bear the following in the fourth paragraph of this article, the officials stay in foreign country expenses: 1) with officials of health insurance and accident insurance expenses on time when it resided in a foreign country;
2) set by the Cabinet of Ministers about the expenses associated with living space rent and utilities. "
28. Article 44: make the second paragraph as follows: "(2) the officer's uniform and a description of the marks, special wear, personal protective equipment, equipment and inventory and service standards set by the Cabinet of Ministers."
replace the third paragraph, the words "the national police, the security police, the National Guard and prison administration officials" with the word "officials";
to supplement the article with the fourth paragraph as follows: "(4) the officer who retired from the service (with the exception of this law, the first paragraph of article 47 of 3, 6, 9, 10, and the second subparagraph of paragraph 1 in the cases referred to in paragraph), the Cabinet of Ministers and in accordance with the procedure laid down in the refund amount issued uniform residual value."
29. Replace article 46, second paragraph, the words "academic staff" with the words "and the academic staff".
30. Article 47: adding to the second part of paragraph 3 with the following: "3) deduct from the student (student) of the Ministry of the Interior of number system (in agreement with the head of the institution from which the officer was transferred to the Ministry of the Interior system of education authority).";
to supplement the article with the 7.1 part as follows: "(71) where, in accordance with the first paragraph of this article, 3, 6, 9 and 10 and the second part of the retired officials of the service, he retired in the year which has used the annual leave or a part of the remuneration of officials of the service does not charge paid average earnings".
turn off the eighth;
to supplement the article with the ninth subparagraph by the following: "(9) the decision of the officials he retired from the service of the appeal shall not suspend the execution."
31. Replace article 48, first paragraph, the words "pay" with the words "service fees".
32. Supplement article 50 following the words "authorities" with the words "of the driver or his authorized officers".
33. The transitional provisions: replace paragraph 7, the words "continuous days of time" with the words "National Guard days continuously in time";
adding to the transitional provisions in paragraph 11 and 12 with the following: "where the 11 Officials in the interests of the service over to another post in the administrative area (excluding transfers to the educational institution or from educational institutions) for an indefinite period and in the manner set out in this law of compensation granted for new living space rent and utilities, that continue to receive compensation until 1 January 2011.
12. Until the new cabinet from the date of entry into force of the provisions, but not longer than until 1 September 2009 the following apply to the Cabinet of Ministers Regulations: 1) in the Cabinet of 26 September 2006 the Regulation No 803 "rules on overtime pay and about the system of the Ministry of the Interior authorities and prison administration officials with a special service rank";
2) Cabinet of 24 October 2006 of Regulation No 869 "the order in which the system of the Ministry of the Interior authorities and prison administration officials with a special service rank shall be borne by the training, and the arrangements for the refund of expenses";
3) Cabinet of 31 October 2006, the Regulation No 900 "rules on benefits and compensation system of the Ministry of the Interior authorities and prison administration officials with special ranks", as far as they are not inconsistent with this Act;
4) Cabinet of 31 October 2006, the Regulation No. 904 "rules on the system of the Ministry of the Interior and of the institutions of the prison administration with a special service officer grade wage system and posts the corresponding higher special ranks". "
The law shall enter into force on the day following its promulgation.
The Parliament adopted the law of 4 December 2008.
President Valdis Zatlers in Riga V 2008 December 19, editorial comment: the law shall enter into force on the 20th December 2008.