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Amendments To The Law "on Prevention Of Conflict Of Interest In The Activities Of Public Officials"

Original Language Title: Grozījumi likumā "Par interešu konflikta novēršanu valsts amatpersonu darbībā"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on prevention of conflict of interest in the activities of public officials" to make the law "on prevention of conflict of interest in the activities of public officials" (Latvian Saeima and the Cabinet of Ministers rapporteur, 2002, no. 11, no. 12; 2003; 2006, 2., no. 20) the following amendments: 1. in article 4: make the first paragraph of point 12, the following wording: "12") and a Deputy Ombudsman; "; Add to article 2.3 of the part as follows: "(23) on the State officials also considered persons who occupy the port Board Chairman, port of port manager or Board members. Private persons employed in ports considered public officials only if provided for in the third subparagraph of this article. " 2. in article 7: Express 2 and the second subparagraph of paragraph 3 as follows: "2) posts in trade unions, associations or foundations, political party, political party or religious organization; 3) educators, scientists, doctors, professional athletes and creative works; "; replace the third paragraph, the words "the national human rights Office Director" with the word "Ombudsman"; to make the third part of point 2 as follows: "2) educator, scholar, athlete and professional creative work;" make quarter point 2 as follows: "2) educators, scientists, athletes and professional creative work;" make the fifth subparagraph of point 2 and 3 as follows: "2) posts in trade unions, associations or foundations, political party, political party or religious organization; 3) educators, scientists, doctors, professional athletes and creative work, as well as the service in the National Guard, if not provided otherwise by law; "; Supplement fifth with a 3.1 point as follows: "31) post Corporation in which the State or the municipality is a member of, if it is related to national or local interests in this society, do not create a conflict of interest and has received its public officials or collegiate bodies written authorization, which the person appointed, elected or approved;"; Add to article 5.1 part as follows: "(51) of this law article 4 2.3 officials referred to in this article does not provide specific posts connecting conditions have allowed Government officials to connect the posts just with: 1) the position that they occupy in accordance with the law, the Cabinet of Ministers regulations and orders; 2 post in the Association or Foundation), a political party, political party or religious organization; 3) educators, scientists, doctors, professional athletes and creative work, as well as the service in the National Guard, if not provided otherwise by law; 4) other posts, enterprise agreements or the implementation of the mandate, if the connection does not pose a conflict of interest and has received its public officials or collegiate bodies written authorization, which the person appointed, elected or approved the appointment. "; express the sixth paragraph 2 by the following: "2), scientists, educators, professional athlete and creative work, as well as the service in the National Guard, if not provided otherwise by law;"; Add to sixth with 2.1 as follows: "21) posts in trade unions;" express the sixth paragraph 3 by the following: "3) other posts, enterprise agreements or the eleventh part of this article not mentioned in the authorisation, if the connection does not pose a conflict of interest and have received national or municipal institution or his authorized person's written permission."; to make the seventh part 2 of the following paragraph: "2) educators, scientists, doctors, professional athletes and creative work". turn off the ninth; to supplement the article with the eleventh subparagraph by the following: "(11) public officers authorized to connect to your posts with the implementation of the mandate on the basis of which the officer was acting on behalf of his relatives, if it does not present a conflict of interest." 3. Express article 8 by the following: ' article 8. State officials post bonding limit order if the connecting posts are prohibited from (1) a Person who, after entry into the national officers posts simultaneously, holding posts that link to State officials post is prohibited, seven days is obliged to notify in writing: 1) senior public officer or collegiate institution that it occupies one or more posts (fulfilling contracts or authorisation), which connect with State officials post is prohibited; 2) to submit to the body in which it holds a position that is connected with State officials post is prohibited, submission, asking them to release from the Office. (2) where a person who, after entry into the national officers posts simultaneously fulfils the obligations arising from the contract or mandate of the company, which connect with State officials post is prohibited, continue to perform in the first part of that State officials post, that person, within three months from the date of entry into Office terminated the company's contract or dismissal. (3) body (person), which received the first part of this article referred to in paragraph 2 of the application, State officials have the obligation in the month to take a decision on the release from Office of the person. The decision to send the State official. (4) If a public official from the independent reasons don't get referred to in the third subparagraph, must, after the part that the expiry of: 1) in writing notify the senior public officer or collegiate institution, as well as the corruption prevention and combating Bureau; 2) to stop the exercise of functions; 3) announce the first part referred to in paragraph 2, the institution (the person) on the receipt of remuneration and the remuneration to be paid shall be not be used in the future. (5) If the first part of this article referred to in paragraph 2 of this article, the institution does not comply with the provisions of the third paragraph, considered that a public officer has complied with the requirements of this law. " 4. To supplement the law with article 8.1 as follows: "article 8.1. State officials post bonding limit order when connecting to the working position, the company's performance of the contract or authorization required authorization (1) a public official who, with government officials, while holding other posts (fulfilling contracts or authorisation) and such post is allowed to connect, you receive the article 7 of this law, the fifth subparagraph, point 4 of part 5.1 in point 4, paragraph 3, of the sixth or eighth the officials (institution) written permission is obliged before appointment, election or confirmation of appointment in writing to submit this official (body) request to allow government officials to connect with the other post office (Enterprise Agreement or authorisation). (2) If the person to whom the public officer status is determined by the decision on the appointment, election or confirmation, while holding other posts (fulfilling contracts or authorisation) and such post is allowed to connect, you receive the article 7 of this law, the fifth subparagraph, point 4 of part 5.1 in point 4, paragraph 3, of the sixth or eighth the officials (institution) written permission person concerned is obliged within seven days from government officials state detection to submit in writing the day above official (body) request to allow government officials to connect with the other post office (Enterprise Agreement or authorisation). (3) a public officer who wishes to connect State officials post with another job (Enterprise Agreement, or the performance of the mandate), and this post is allowed to connect, you receive the article 7 of this law the fifth subparagraph, point 4 of part 5.1 in point 4, article 7, paragraph 3 of the sixth or eighth part of article 7 of the mentioned officials (institution) written permission before you post the ampersand (conclusion of the contract of enterprise or empowerment in reception) started shall be submitted in writing to the official (body) request to allow to connect State officials post with another job (Enterprise Agreement or authorisation execution). (4) if the public officer holds a number of public officials, written permission is obtained for each position, which is connected to the other post under this Act requires a permit. (5) in the cases specified in this law, the State official (institution), receiving the first, second or third part request to allow government officials to connect with the other post office (Enterprise Agreement or authorisation), shall be obliged: 1) evaluate whether the job (Enterprise Agreement or the execution of the mandate) connection will not create a conflict of interest, will not be in conflict with the public officials ethics binding norms and does not harm public officials directly for duty; 2) a month to take a decision on the authorisation or refusal to grant permission to post to join (Enterprise Agreement or the execution of the mandate). (6) If, after the entry into force of the decision on the permit for the post, has changed the legal or factual circumstances referred to in the fifth subparagraph of article 1 and the rise of the decision concerned, and such a change of circumstances does not allow further posts, the official (institution) repealing decision on authorisation for the post. (7) in the fifth subparagraph of this article, (2) and referred to in the sixth subparagraph, adopt and presented in the administrative procedure in accordance with the procedure prescribed by law, indicating the reasons for the decision in accordance with the fifth subparagraph of article 1, and other regulatory requirements. (8) If a decision refusing authorisation posts (Enterprise Agreement or the execution of the mandate) to join, or adopt a decision repealing the decision on the permit to connect the posts of officer these decisions may be challenged, and to appeal to the administrative procedure law. The draft decision or appeal shall not suspend its activity. (9) if the public officer has refused to issue a permit for this position and official already occupies a position, as well as compatible in the event cancelled the decision on authorisation for the position in accordance with the sixth subparagraph of this article, a public official in the month the application is exempt from one or more posts to meet this statutory posts connecting restrictions. Institutions (people) and Government officials for further action to apply article 8 of this law in the third, fourth and fifth. (10) if the public officer has refused to issue the permit Office for connection with the fulfilment of the obligations arising from the contract or authorization of the company and the company's contract has already entered into force or the officer has accepted a mandate, as well as in the event cancelled the decision on authorisation of those obligations in accordance with the sixth subparagraph, the official, if it continues to meet government officials, which refused the post connection to this part of the performance of the obligations referred to in within three months of the termination of the contract or the dismissal of the company. " 5. Replace article 9, first paragraph, the words "business, which it has banned" by the words "commercial or other sources of income, it is not prohibited". 6. in article 11: make a fifth by the following: "(5) the measures laid down in this article is the issuance of the administrative restrictions do not apply to members of the Parliament and Cabinet members, where the officer taking part in the relevant parliamentary or Cabinet administrative issue. '; to supplement the article with the sixth part as follows: "(6) in the first and second parts, the restrictions do not apply to: 1) President, Member of Parliament, Cabinet members or local Government Council (Council) members when that State officials participating in the external laws or political decisions. 2) member of Parliament, Cabinet members or local Government Council (Council) members, where the officer taking part in the relevant parliamentary, Cabinet or local Government Council (Council) decision on the determination of his remuneration or his appointment, election or confirmation in Office. " 7. Article 13 be expressed as follows: "article 13. General gift acceptance limits (1) the public officer in the performance of official duties, is allowed to accept gifts 13.1 of this law referred to in the first paragraph. Outside the exercise of functions of public officials is allowed to accept gifts, pursuant to this law, the limits laid down in article 13.2. (2) for the purposes of this law, a gift is any economic or other benefit (including services, assigning permissions, transfer, release from obligation, a waiver of any rights, and other activities that result in some benefit), which is the direct or indirect beneficiaries are government officials. (3) For the purposes of this law, a gift is not considered: 1) flowers; 2) souvenirs, books or articles, if the representation of one person during the year received souvenirs, books, or the total value of the subject matter of the representation in terms of money not exceeding one minimum monthly salary; 3) awards, prizes or awards that a for external laws and regulations; 4) any benefits and guarantees that public officials in the performance of their duties, in the form prescribed by the laws of the State or the local government provides the institution with which the person concerned fulfil their duties; 5) services and various types of discounts offered by commercial companies, individual entrepreneurs as well as farmers and fisherman of the holding and which is accessible to the public. " 8. To supplement the law with 13.1, 13.2 and 13.3 of the article by the following: "13.1 article. Special gift acceptance limits the performance of the obligations of public officials (1) a public officer in the performance of official duties, is allowed to accept diplomatic gifts (gifts that official foreign delegations or officials handed the diplomatic officials of Latvia in accordance with the procedure laid down in the Protocol), as well as gifts that serve: 1) the officials of the foreign State officials of Latvia official or working visits in Latvia; 2) foreign delegations or officials of the State, official or working visits abroad; 3) foreign officials of Latvian diplomatic and consular representations that State officials; 4) State officials as national or local institutions of representative public holidays, Memorial days and celebrated; 5) State officials of the State or municipality institution with which the person concerned fulfil their duties. (2) a public officer, as long as it is a State or municipal capital corporation, a representative of the holder, as well as two years after the end of duty are prohibited from accepting gifts from the Corporation and the members of the administrative organ. (3) diplomatic gifts and gifts that are made in the first paragraph of this article 1, 2, 3, or 4. in the cases referred to in point is national or local institutions. 13.2 article. Special gift of adoption restrictions beyond public officials duties (1) the public officer outside the duties of a position are prohibited from accepting gifts, if, in respect of the donor Government officials two years before the receipt of the gift is prepared or issued by administrative provisions or made the monitoring, control, inquiry or punitive functions, as well as established or conducted other exercise of the related activities. (2) If a government official outside the post office has accepted gifts from natural or legal persons, it is not eligible for gift donors two years after receipt of the gift to prepare or issue administrative acts or supervision, control, inquiry or punitive functions, as well as to enter into contracts or other exercise of the related activities. 13.3 article. Gift registration, evaluation, and redemption (1) diplomatic gifts in the register of the Ministry of Foreign Affairs in a single State Register of the Protocol, and how to use them to decide, Foreign Minister or Prime Minister when diplomatic gift made himself Minister of Foreign Affairs. (2) the cabinet shall determine the order in which to register, and be redeemable, evaluated other gifts given in the performance of the duties of public officials, and that under this Act is a State or municipal institution. " 9. Supplement article 30 with 2.1 part as follows: "(21) the second part of this article shall not be applicable in cases where the position is allowed to connect, you receive the article 7 of this law the fifth subparagraph, point 4 of part 5.1 in point 4, paragraph 3, of the sixth and the eighth officer referred to in part (a) written authorization but State official written authorization is not requested and the following post is not brought together into a conflict of interest. In other cases, the State officials to fully or partly exempt from income and the repayment of the benefit achieved by violating this law limits, if the obligation to repay the income and the property benefits administrative infringement is disproportionate to the injury as a result of Government policy. "
The law shall enter into force on the day following its promulgation.
The law adopted by the Parliament in the June 7, 2007. State v. President Vaira Vīķe-Freiberga in Riga on 27 June 2007 in