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Amendments To The Military Service Act

Original Language Title: Grozījumi Militārā dienesta likumā

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The Saeima has adopted and the President promulgated the following laws: the law of military service to do military service Act (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2002, nr. 14; 2003, 2, 15; 2004, nr. 14. No; 2005, no 8; 2006, no. 14) the following amendments: 1. Express article 1 by the following: "article 1. The purpose of the law this law aims at a common military service over the course of the national armed forces. " 2. in article 2: express the points 1 and 2 by the following: "1) military service: national service mode of protection, which is filled with soldiers, who include the active service of the national armed forces reserve; 2) active service — military service status of direct execution of soldiers, which includes professional services, direct execution of military service in case of mobilization and reserve troops for military exercises "; Add to article 2.1 the following: "21) service national armed forces reserve-a reserve soldier obligations;"; turn off paragraph 3; make point 7 by the following: ' 7) reserve soldier — a Latvian citizen, who after he retired from professional service (up to the entry into force of this law, the time-active service and rating service) performs the service of national armed forces reserve; "; Add to article 7.1 of the following paragraph: ' 71) Reservist — a Latvian citizen, entered in the national armed forces reserve and mobilization in the event may be called up for active service; "; turn off paragraph 8; Add to paragraph 10, after the words "course of Latvian National Defense Academy" with the words "or other then align the course". 3. To make article 9 the third paragraph as follows: "(3) the equipment of military service regulations that govern the relations between soldiers, soldiers ' general duties and responsibilities of officials, active service execution and units (subunits) internal procedures, rules governing the garrison garrison the organisation and execution of the service, and guard (guard) of the rules of procedure, which shall determine the Guard (security) Organization and service, as well as other rules governing military service approved by the Minister of defence. " 4. Express article 12, the second subparagraph by the following: "(2) does not apply To soldiers working the legal relationship of the laws governing the rules, except rules determine different attitudes and rights due to pregnant women and women who are breastfeeding and women who have recently given birth to one year, in so far as this does not conflict with this law." 5. in article 16: turn off the first part of paragraph 1; turn off the first part of paragraph 3. 6. turn off article 17. 7. To supplement the law with article 17.1 of the following wording: "17.1 pants. Youth education in the field of national defence (1) young people under the age of 18 years may voluntarily engage in jaunsardz, which is aimed at youth education in the field of national defence, citizenship and patriotism. Jaunsardz's statement after coordination with the Ministry of education and Science approved by the Defense Minister. Jaunsardz's Charter provides for procedures for the protection of the country of the trainees of the youth, and the conditions of education. Jaunsardz of the training process is organised by the Department of Defense subordinated to national authority — the center of Jaunsardz. (2) the citizens of Latvia education accredited University, can learn a special military training course for the Cabinet. " 8. Article 18: express the title as follows: "article 18. Soldiers manning a military educational institutions "; make the second paragraph as follows: "(2) in military education staff officer later course and senior staff officer course takes the soldiers that professional service time left to fulfil the existing officer rank up to the article 41 of this law establishes the maximum age is not less than five years. The officer followed in taking soldiers to 27 years of age. "; replace the third paragraph, the words "with the Cadet or listeners" with the words "with the soldiers"; to make a fifth by the following: "(5) failure (except where the failure occurred to health or other valid reason), for a breach of discipline or the desire of military education institutions combating soldiers sent to the previous place of employment or retirement from professional service, and he released training used the financial resources of the Cabinet of Ministers." 9. Article 19: replace the first paragraph, the number "19" with the number "18"; replace the second paragraph, the words "active service" with the words "professional service"; to make a fifth by the following: "(5) the national armed forces training command, through the recruitment and selection of candidates for professional service, is entitled to request and receive, free of charge from the population register, the national regulatory authorities, municipalities, health care institutions and other legal entities the necessary information to determine the eligibility of candidates for professional service. The selection of candidates for professional service carried out in the order of the Minister of defence. "; express the sixth part as follows: "(6) professional service adopted a soldier can specify inspection period to six months. The test period is not determined soldier who moved to another post. " 10. Express article 20 the third paragraph as follows: "(3) a professional service agreement with soldiers to switch article 41 of this law on military service in a particular maximum age or for a period of not less than five years." 11. Article 21: turn off the second sentence of the first subparagraph; to make the seventh subparagraph by the following: "(7) If a soldier does not grant or revoke the special permission for access to State secrets, or a security certificate to work with the North Atlantic Treaty Organization or the European Union classified information, or extend the permit or the period of validity of the certificate, the soldiers immediately released from the post, which requires that a permit or a certificate of security and for his service to decide the future course of the higher attestation Commission." 12. Article 23: make the second paragraph as follows: "(2) other senior officer ranks of the corresponding positions, the military police commander, and the President of the Parliament's security officer shall be appointed by the Commander's post Defense Minister after the national armed forces Commander. Defense Minister appointed the officers who are his direct authority. "; to make the fourth subparagraph by the following: "(4) the officer before she appointed in one of the first and second posts referred to evaluate Defence Ministers established the Supreme attestation Commission." 13. Express article 25 of the second, third and fourth subparagraph by the following: "(2) the evaluation of the professional soldier duties and tasks, personal assessment, by the soldier's Commander (boss). (3) the attestation of conformity of a soldier over the established laws and the requirements of existing and future services in the framework of the course. (4) the Commander (boss) decision on the progress of the services soldiers based on the attestation of a soldier and professional evaluation results. " 14. in article 26: turn off the fourth part 2; replace the words "the fifth part of the military education of listeners (cadets)" with the words "military institutions" of soldiers of the trainees. 15. Supplement article 27 of the fourth subparagraph by the following: "(4) the period of time when a soldier laid down in this article is to perform job responsibilities, including the retirement seniority of a soldier, which takes into account in a current rank." 16. Article 32: turn in the third paragraph, the words "has received a positive assessment and attestation"; make the fifth subparagraph of paragraph 2 as follows: "2) on the battlefield and others merit — outstanding heroism, bravery, or the success of the battle and other tasks — before the retirement rank during the current or another article 33 of this law in the first part of the performance of the requirements as award;" turn off the sixth. 17. Article 33: make the first part of paragraph 9 by the following: "9) first-officer training graduation from military educational institution Lieutenant or officer training finished first lieutenant with higher education after three years of nodienēšan Lieutenant grade;" make the first part of paragraph 14 and 15 by the following: "14) Brigadier General (Fleet Admiral): Colonel (sea captain) with higher education at a higher rate or composition in commanding other equivalent course and three years of Colonel nodienēšan (sea captain) degree; 15) Major General (Rear-Admiral) — the Brigade General (Fleet Admiral) with higher education at a higher rate or composition in commanding the equivalent course, and within three years of the nodienēšan Brigade General (Fleet Admiral) grade; " Add to the second part of the sentence the following wording: "Language proficiency checks prescribed by the Minister of defence."; to supplement the article with a fifth by the following: "(5) the military education course equate this statutory military training requirements of protection prescribed by the Minister. " 18. Article 37: turn off third; to make the fourth part of the second sentence as follows: "a soldier who accepted the professional service, the first year of service leave is calculated for the period from the date on which he assumes professional service in until the end of the year (for each of the days of the month — 2.5 days). '; replace the fifth paragraph, the words "from active service retired soldiers" with the words "retired from professional service soldier"; turn off the ninth. 19. Turn off article 38, second paragraph, the words "as an award". 20. in article 41: make the first paragraph by the following: "(1) for the performance of military service the maximum age of the soldiers are: 1) the composition of the soldiers: professional service: 45 years; service of the national armed forces reserve: 55 years; 2) instructor composition: professional service-50 years; service of the national armed forces reserve: 55 years; 3) Lieutenant: professional service: 35 years; service of the national armed forces reserve: 55 years; 4) first: professional service: 45 years; service of the national armed forces reserve: 55 years; 5) master (kapteiņleitnant): professional service — 48 years; service of the national armed forces reserve: 55 years; 6) (komandleitnant): major professional service — 51 years; service of the national armed forces reserve 60 years; 7) Lieutenant Colonel (komandkaptein): professional service: 55 years; service of the national armed forces reserve 60 years; 8) Colonel (sea captain): professional service: 58 years; service of the national armed forces reserve 60 years; 9) highest officers: professional service: 60 years; service of the national armed forces reserve — 65 years. "; replace the third paragraph, the word "active" with the word "professional". 21. off article 43 second paragraph, point 5. 22. Turn off the second subparagraph of article 44. 23. Article 47: Supplement 1 of the first subparagraph following the words ' paragraphs about the battle of merit "by the words" and other services to service tasks "; replace the fourth subparagraph, the words "public holidays and Memorial days" with the words "public holidays, Memorial days and celebrated". 24. Replace article 48, first paragraph, the word "soldier" with the words "professional service soldier". 25. Article 49: make the first sentence by the following: "professional service soldier during military service in the country of the partial dependants."; replace the words "fixed by the Cabinet of Ministers" with the words "determined by the Minister of defence". 26. Article 50: adding to the first subparagraph of paragraph 9, after the word "compensation" with the words "himself and his family members"; Add to article 1.1 part as follows: "(11) the soldiers sent for service with the North Atlantic Treaty Organisation Headquarters, the military headquarters of the European Union and the Member States in the organisation of multinational headquarters and which, on the basis of the above organisations, are sent to the international operations, save the rights laid down in the first paragraph of this article, except for the right to pay benefits for services in a foreign country. If a soldier's family is staying in a foreign country from which the soldier under the procedures laid down in this article is sent to international operations, soldiers are entitled to salary allowance for service abroad 50 percent. " 27. Article 51 of the fourth turn. 28. in article 52: make a third-part 1, 2 and 3 as follows: "1) (I) disability-300 lats; 2) Group II disability-200 lats; 3) disability-III 150 lats. "; to make the fourth and fifth by the following: "(4) If a soldier in the service of their duties, is health, but did not become a disability, he shall be paid a lump sum compensation: 1) severe health problems in the case last month of a soldier's salary of about five-fold; 2) moderate health problems last month in the case of a soldier's salary triple; 3) mild health problems last month in the case of a soldier's salary, but not less than 100 lats. (5) if the professional service soldier performing military service, is ill and after treatment considered unfit for further active service and therefore he (contract) services before the end of the term to be retired from professional service, in addition to the soldiers laid down in the law of compensation and benefits in a lump sum in compensation costs last month soldiers pay triple. '; to make the sixth part (1) of the following: 1) if reserve soldiers or reservists died during active service in the course of their duties,-50 000 lats; "; Add to article 6.2 part as follows: "(62) where active service soldiers, their duties, has received an injury (mutilation, concussion) or disease, the cause of which is linked to the military service (occupational disease), and the treatment takes place outside the borders of Latvia, the Ministry of defence shall be borne by his family members (spouse, children and parents) for travel expenses to the place of treatment of this soldier and hotels (accommodation). Spending on hotels (accommodation) may not exceed a certain limit the Cabinet. " 29. Article 53: replace the third part number and the word "250 lats" with the words "six months"; to make the ninth subparagraph by the following: "(9) officer, higher education acquired in civil education without the financial support of the Ministry of defence, after officer training on completion of the Latvian National Defense Academy may receive a one-time interest-free loan: 1) 1000 lats, if contracted for five years professional service; 2) 2000 lats, if a contract for professional services for a period not less than 10 years. "; Add to article 9.1 of the part as follows: "(91) interest-free loan repayment conditions and arrangements made for the professional service agreement." 30. off 55 the first part of the article. 31. Article 56: make the first paragraph by the following: "(1) a soldier, soldiers and reservists of the reserve to cover the costs he has incurred in using public transport (except taxi) service duties. The Minister of defence duly State shall bear a soldier also transport costs incurred by going by public transport (except taxi) to the place of treatment and recovery, and transport expenses to the soldier and his family incurred when going to a new home and the service of the interests of the service. "; to turn off the second part; replace the third paragraph, the word "active" with the word "professional". 32. Article 57 off the first part of paragraph 4. 33. Article 58 of the following expressions: "article 58. Retired soldier duties (1) retired From professional service soldiers into military service reserve inventory in the national armed forces reserve accounting unit of their place of residence within 10 days after he retired from the professional service, arriving in person. (2) the first paragraph of this article, the obligations do not apply to soldiers who retired from the professional service of this law article 42 referred to in the second subparagraph. " 34. the express article 61 the first part as follows: "(1) military officers are civilians who work on a contract basis to fulfil the post of soldiers in units (subunits) objective conditions are not possible with the soldiers. Positions in which soldiers may be appointed military staff, establish the National Commander of the armed forces of the Defence Minister. " 35. Chapter XII be expressed by the following: "chapter XII national armed forces reserve and its responsibilities article 63. National armed forces reserve national armed forces reserve: 1) soldiers who retired from professional service (up to the entry into force of this law, the time-active service and rating service) and not removed from military service records; 2) Latvian citizens — men who have reached the age of 18 and are fit for military service. 64. article. Reserve soldiers and reservists registration and records (1) the reserve soldiers and reservists, records and registration, conscription in the active service of the armed forces carried out the national reserve accounting unit Cabinet. (2) national armed forces reserve accounting unit statutory functions are entitled to request and receive, free of charge from the population register, the national regulatory authorities, municipalities, health care institutions and other legal entities the information you need about military service records the subject. Enquiry and order of service shall be governed by the provisions of the Cabinet of Ministers. (3) reserve soldiers are located in national armed forces reserve until this law service national armed forces reserve maximum age. Reservists are in the national armed forces reserves up to 55 years of age. Article 65. Reserve soldiers and reservists obligations (1) the reserve soldiers and reservists are obligated: 1) announce national armed forces reserve accounting unit to the place of their residence on departure from Latvia for more than six months, as well as their change of residence; 2) mobilization case to meet national armed forces reserve accounting unit in the summons issued. (2) the reserve soldier is obliged: 1) to attend military exercises summons specific place and time; 2) to attend a medical examination the summons at the place and time specified; 3) save and enhance active service during a particular military specialty requires knowledge, skill in combat and training. 66. article. The order in which reserve soldiers to iesaucam routine military exercises and examinations (1) reserve soldiers nicknamed to routine military exercises or national armed forces units. Military training time, and the number of members determined by the Minister of defence by national armed forces Commander's proposal. (2) military training reserve soldiers perform during active service, he is a soldier's status, and the time is counted seniority in his retirement. (3) reserve soldiers nicknamed the military training for a period of: 1) officer of the soldiers — up to a total period of nine months, one year, up to 60 days; 2) instructor and the composition of the soldiers — soldiers in General, up to six months, one year, up to 30 days. (4) the interval between routine military exercises involving reserve troops, not less than four years. (5) reserve soldiers routine military exercise in between can be to check nickname training to 10 days from both work and leisure hours. This time including the military training total time. (6) military training, their logistic and financial support, as well as reserve troops all the way to supply military training time down the Defense Minister. (7) military exercises called up reserve soldiers from working (post) assignment of duties for a specified time to 60 days in a calendar year. Military training reserve soldiers during save the jobs and posts. The military exercises of the reserve soldiers called up for military training each day paid compensation from the Defense Ministry to the national budget. The amount of the refund and the cost of the procedure determined by the Cabinet of Ministers. To the military training of the reserve soldiers called up time are subject to compulsory State insurance. (8) reserve soldiers on routine inspection training or not ": 1) for health reasons; 2) if soldier is dependent reserves the sole provider of family members or dependants have a minimum of two pre-school children; 3 If the reserve soldier is) a suspect, accused or defendants, as well as punished for an intentional criminal offence; 4) if reserve soldier serving in the Interior Ministry system in institutions or prisons. Article 67. The granting of degrees of service reserve soldiers (1) reserve soldiers that the military learned during the appropriate training program and passed the necessary tests, the Defense Minister, according to the procedure laid down in this law, it claims the current rank, but not higher than master's (kapteiņleitnant) rank. (2) another country's armed forces to spare soldiers served in the alignment procedure may be granted his documentary evidence like the rank and military preparedness of the soldier's rank in this law. 68. article. Reserve soldiers and reservists from the records of military service reserve soldiers and reservists from the military service records removed: 1) if he has reached the national armed forces reserve maximum age; 2) if he recognized the health condition of military service; 3) when professional service; 4) if he loses citizenship of Latvia; 5) death. " 36. Article 69: make the introductory part of the first subparagraph by the following: "(1) a soldier or battle of success — excellent merit, gallantry, bravery in battle tasks — exemplary behavior, to mark and dedication for the promotion of the following awards:"; turn off the first part of paragraph 2 and 3; Add to paragraph 9 of the first subparagraph following the words "on the battlefield" by the words "or others". 37. the transitional provisions be supplemented with 15 and 16 points as follows: "15. If the retired soldiers during the year after he retired from active military service compulsory died of injury (mutilation, concussion) or an illness caused in relation to the military service (occupational disease), not the direct heirs of the deceased (section 423 of) compensation in the amount of 50 000 lats. 16. Article 50 of this law, the conditions applicable to part 1.1 to 1 January 2007. "
The Parliament adopted the law of 29 March 2007. State v. President Vaira Vīķe-Freiberga in Riga 2007 April 17.