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The Ministry Of The Interior System Of Authorities And Prison Administration With A Special Service Officer Grade Disciplinary Law

Original Language Title: Iekšlietu ministrijas sistēmas iestāžu un Ieslodzījuma vietu pārvaldes amatpersonu ar speciālajām dienesta pakāpēm disciplināratbildības likums

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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 disciplinary actions Act article 1. The purpose of the law the purpose of the Act is to provide the Ministry of the Interior system and the Prisons Authority (hereinafter the authority) with a special officer ranks (officers) disciplinary timely, complete, thorough and impartial investigation and fair decision making. 2. article. The scope of the law, the law says officials, disciplinary actions and disciplinary procedures for officials of the State questions on the prosecution of disciplinary responsibility. 3. article. (1) a disciplinary disciplinary officials recognised with the intention of (intentionally) or recklessly made transaction or omission relating to the performance of its duties and the form of executive orders, laws and other regulations determine order and non-compliance.
(2) The disciplinary officer is also recognised by the Act or omission that is not related to the performance of its duties, but to discredit and undermine their confidence in the Government. 4. article. The burden of proof (1) no one shall be held guilty of a disciplinary offence and punishment until his guilt is proved in accordance with the procedure laid down by law.
(2) to prove the guilt of the officials is authority. 5. article. Extreme necessity not an officer liable to disciplinary action if it found to the extreme situation of need, that is, taken steps that were needed to prevent the State or public order, property, rights and freedoms of individuals or specific regulatory arrangements for the imminent danger and the circumstances they have not been prevented by other means, as well as the damage is less than prevent damage. 6. article. Justified professional risk professional risk is justified, and the officials are not called to disciplinary liability if it acted to achieve public interest goals, which it was not possible to reach the other way, and if an official has made the risk, which has done everything to prevent harm to legally protected interests. 7. article. A form of guilt (1) shall be guilty of a disciplinary official, whom it committed with the intention of (intentionally) or recklessly.
(2) to be considered as a disciplinary done intentionally (intentionally) if the officer, whom it committed, is aware of the unlawful nature of their actions, provided its harmful effects and wished for or intentionally made this effect.
(3) to be considered as a disciplinary so recklessly, if the officer did, it intends its harmful effects occur, but believed that they do not occur or that they will be able to prevent, or has provided the following statement in the aftermath of the opportunity, even though the circumstances they should have expected it and its officials could provide. 8. article. Justice and efficiency control higher authority and higher officials or officials under the control of the prosecution to disciplinary action is legal and useful. Higher authority and senior officials respectively Interior Minister or the Minister of Justice (hereinafter the Minister) within the order is entitled, on its own initiative examine the application of disciplinary decisions. 9. article. Circumstances that soften disciplinary liability (1) the disciplinary responsibility of soften these conditions: 1) on its own initiative, the officials have prevented a disciplinary consequences, willingly rewarded for damage or prevented;
2) officer has voluntarily applied before the opening of the disciplinary.
(2) For attenuating circumstances may recognize other conditions that are not mentioned in this Act. 10. article. Circumstances that reinforces the responsibility for disciplinary responsibility for disciplinary reinforces these conditions: 1) officer continued unlawful action, without taking into account the requirement of ending it;
2) officials intentionally or because of a disciplinary party suffered a significant financial loss or significant damage;
3) disciplinary officer made through natural disaster or other exceptional circumstances;
4) committed a disciplinary officer, already being punished for disciplinary action;
5) disciplinary officer committed a alcohol, narcotic, psychotropic, toxic or other intoxicating substances or intoxicated. 11. article. Substantial property damage and serious injury (1) If the disciplinary board has created a financial loss amounting to disciplinary committing more than five for the period in question the national minimum monthly wage amount, it must be regarded as a substantial economic loss.
(2) If the disciplinary board has suffered a personal injury, it is not possible to eliminate, by eliminating the direct consequences of the disciplinary, it is considered essential for personal injury.
(3) If the disciplinary board has created damage to the important national or public interest, and that damage cannot be avoided by preventing the direct consequences of the disciplinary, it is considered a significant damage to the country. 12. article. Merger and Division of the disciplinary proceedings (1) the disciplinary proceedings for several officials made one of the disciplinary proceedings may be combined in one. To apply the joint disciplinary procedural time limits, which they refer to the disciplinary procedure, the first proposed.
(2) the disciplinary procedure disciplinary, committed by a number of officials can be divided into a number of disciplinary proceedings, where such Division is necessary and without prejudice to the proper and timely investigation of disciplinary proceedings.
(3) a decision on the merger of the disciplinary or disciplinary Division adopts this law, article 16 of the officials referred to in the third subparagraph, a merger or Division is based. 13. article. (1) the disciplinary authority may impose the following disciplinary actions: 1) Note;
2) reprimand;
3 month base salary reduction) to 20 percent of monthly base salary for a period of one month to six months;
4) warning failure to comply with the rank position for a period of six months to one year;
5) demotion in rank by one grade for a period of six months to one year;
6) demotion for a period from one year to two years;
7) he retired from the service.
(2) the officials occupying positions in the security police, the national security authorities statutory disciplinary action. 14. article. Officials of the right to apply disciplinary action (1) Note, reprimand, reduction of the monthly base salary to 20 per cent of the monthly base salary for a period of one month to six months, warning failure to comply with the rank position for a period of six months to one year, demotion for a period from one year to two years, and he retired from the service is entitled to apply to the Minister, the head of the authority or the authorized officer.
(2) reduction in rank by one grade for a period of six months to one year are eligible to apply for official, who has the right to assign the appropriate rank. 15. article. The application of disciplinary rules applying disciplinary measures shall take into account the nature of the disciplinary and injury, officials blame the form, the mitigating and aggravating circumstances, the circumstances of the offence and a disciplinary officer's service. 16. article. (1) the disciplinary proceedings disciplinary proceedings if at the same time, there are such circumstances: 1) Act or omission involves a disciplinary signs;
2) is not ended the relationship with the officials of the service;
3) a disciplinary offence are not since gone more than two years.
(2) the proposed disciplinary proceedings not later than one month after receiving information about the facts of the alleged offence or disciplinary authority found it.
(3) the disciplinary proceedings may be initiated: 1) leader of the authority or the authorized officer, which is subordinated to the officer against whom the disciplinary proceedings being;
2) higher authorities of the Director and the Minister.
(4) where a prosecution has been initiated by officials for the same offence for which are the basis to propose disciplinary proceedings, disciplinary proceedings may be initiated in the month after receipt of the decision on the termination of criminal proceedings or of the entry into force of a judgment of acquittal in criminal proceedings, if a disciplinary offence since is not older than three years. Article 17. A decision on disciplinary action (1) the decision on the initiation of disciplinary proceedings: 1) the name and address of the institution;
2) officials against whom the disciplinary proceedings initiated, name, surname, personal code and job title;
3 disciplinary and breach the fact) the legal provisions;
4) disciplinary investigation by whom, except when disciplinary process applicable in the short;
5) or in the applicable disciplinary process is shortened.

(2) the officer shall immediately communicate the decision on initiating the disciplinary proceedings and request from its written explanation.
(3) on the proposed disciplinary authorities inform the driver, the higher the authority and the Ministry of the Interior or the Ministry of Justice.
(4) the decision on disciplinary prosecution is not an administrative act, and is not covered by this law, the decision provided for in the opposition and appeal procedures. 18. article. Disciplinary investigations (1) a disciplinary investigation, the investigator is the officer or officers, in accordance with article 16 of this law the officials referred to in the third subparagraph of decision has been attributed to the disciplinary investigation. The disciplinary Commission of inquiry can be created.
(2) the disciplinary investigation officer shall be prohibited: 1) which is the official direct boss, against which the proposed disciplinary proceedings;
2) which is the possible disciplinary or those involved in the event (the witness) a subordinate;
3) which is a kinship relations to the third degree of relationship or affinity up to the second degree with the officials, against whom the disciplinary proceedings, as well as being the spouse;
4) which is possible in the event of a disciplinary or eyewitness;
5) which in particular proceedings arising or likely to arise a conflict of interest;
6) which the person has, directly or indirectly, an interest in the outcome of the disciplinary or other circumstances that cause reasonable doubts on its impartiality. 19. article. Officials of removal from post office to the disciplinary investigation (1) the Minister, the head of the authority or the authorized officer, to the disciplinary investigation can impeach officials of the Office, keeping it a month base salary, bonus on retirement, the premium for special service rank and the intake compensation.
(2) Issue an order for the dismissal of officials from the post office to the disciplinary investigation, the Minister, the head of the authority or the authorized officer may ask officer during this time to perform other duties which are not related to its direct obligations and which does not interfere with the disciplinary investigation. 20. article. Disciplinary investigation time limits (1) the disciplinary investigation and a decision on disciplinary action or termination of application of disciplinary proceedings shall be taken in the month after its initiation.
(2) If objective reasons one-month period cannot be complied with, in accordance with this law, based on article 16 of the officials referred to in the third subparagraph of decision of the disciplinary investigation, the time limit may be extended up to three months. With the decision to introduce the officer against whom disciplinary proceedings initiated.
(3) a disciplinary investigation, the term does not include officials against whom the disciplinary proceedings initiated, sick, vacation or business trip.
(4) where a prosecution has been initiated by officials for the same offence for which disciplinary proceedings, disciplinary proceedings initiated the investigation be suspended. Disciplinary investigation renewed month after receipt of the decision on termination of the criminal proceedings or the entry into force of a judgment of acquittal in criminal proceedings and disciplinary offence since is not older than three years.
(5) the disciplinary proceedings, which stopped because officials of the prosecution initiated for the same offence, on the basis of the conviction shall terminate the judgment of the Court of Justice in criminal matters. 21. article. (1) adoption of the decision decision on the application or no disciplinary action for termination of the disciplinary proceedings be taken: 1) head of the authority or his authorized officer, which is subordinated to the officer against whom disciplinary proceedings initiated;
2) higher authorities of the Director and the Minister.
(2) if the officer is transferred to another institution within the framework of the Ministry of the Interior, the Minister of the Interior may decide the application of disciplinary measures disciplinary committed, the officer while in previous posts.
(3) the disciplinary investigation and the termination of the disciplinary decision adopted, even if the service ended with the officials.
(4) the decision on the termination of the disciplinary points: 1) the name and address of the institution;
2) officials against whom the disciplinary proceedings initiated, the name and job title;
3 disciplinary and breach the fact) the legal provisions;
4) disciplinary investigation and by whom;
5 reasons for the termination of disciplinary proceedings);
6) the service termination grounds and date — referred to in the third subparagraph.
(5) decisions the Minister in the form prescribed by the authority, the authority shall forward to the driver, the higher authority, and the Ministry of the Interior or the Ministry of Justice.
(6) the decision on the termination of the disciplinary announces the fourth paragraph of this article referred to in paragraph 2, the official.
(7) the application of a disciplinary decision is an administrative act. 22. article. Short process (1) if the examination of the information on the possible disciplinary notes that the facts are wrong, and the disciplinary officer admits his guilt in a disciplinary offence, the disciplinary procedure can be applied to the abbreviated process.
(2) Shorten the disciplinary process will not be investigated and 10 working days after the decision of the disciplinary proceedings, article 21 of this law the officials referred to in the first subparagraph shall take a decision on the application of disciplinary measures. 23. article. (1) the transfer of disciplinary Proceedings on their own initiative at any stage of the examination of the lower officials may take over the Authority's Manager or the relevant Minister.
(2) the decision on disciplinary transfer points of the transfer of the disciplinary reasons.
(3) the decision of a disciplinary authority over the Director and the Minister to designate a disciplinary investigation, the investigator and officials against whom the disciplinary proceedings initiated, with the decision on disciplinary proceedings. The Minister or the authority which has taken the disciplinary, it investigates and takes a decision on the application of disciplinary or the termination of the disciplinary procedure laid down in this Act.
(4) If the disciplinary taken over from other authorities, disciplinary decisions or on application of the termination of the disciplinary proceedings adopted within the time limit set, counting from the date of the decision on disciplinary proceedings, but for no longer than four months, and three working days send their officials who proposed the disciplinary procedure. 24. article. The decision on the application of disciplinary actions for entry into force (1) the decision on disciplinary action, other than the cases provided for in the second subparagraph, shall enter into force at the moment when it announced official.
(2) If the application of the decision on disciplinary measure intended to apply disciplinary measure, he retired from the service, the decision shall enter into force within the time specified therein. 25. article. The decision on the application of disciplinary sanctions against the opposition and the appeal (1) the authority of the Manager's decision on the application of disciplinary actions may be challenged in a higher authority a month from the date of entry into force of the decision. Other officials of the Authority's decisions may be appealed by submitting an application to the authorities of the concerned driver.
(2) If the application of disciplinary decisions passed by the Minister or the Ministry of the Interior or the Ministry of Justice, it may be appealed to the Administrative Court of law within one month from the date of entry into force of the decision. 26. article. The decision on the application of disciplinary enforcement (1) the decision on the application of disciplinary sanctions against the opposition or appeal shall not suspend the execution.
(2) the decision on the application of disciplinary actions that the law provides in article 13, first paragraph, point 7 in a specific disciplinary action, executed immediately after its entry into force.
(3) the decision on the application of disciplinary sanctions against the execution stops when the service ended with the officials.
(4) the decision on the application of disciplinary sanctions against the execution renewed if within one year of the termination of service of officials takes office and appointed in the same or another institution.
(5) an official is to be considered as a disciplinary punishment, if not during the year after the application of disciplinary actions or from the day on which the disciplinary measure, it has not done a new disciplinary.
(6) If no disciplinary action — note that the officer considered a disciplinary punishment, not if, within three months after the application of disciplinary actions it did not do a new disciplinary.
(7) the duration of the Disciplinary officers may be promoted.
(8) on the termination of the disciplinary proceedings, the application of disciplinary or enforcement of application of disciplinary and restore copies of the decisions of the officials added the person's case. Transitional provisions 1. Article 26 of this law, the fifth, sixth and seventh subparagraph shall not apply in disciplinary until 1 October 2006. 2. the inspections undertaken in 2006 to October 1, complete and, if necessary, applies to disciplinary action in accordance with the provisions in force until 1 October 2006. The law shall enter into force on 1 October 2006.

The law adopted by the Parliament in June 15, 2006. The President of the Parliament instead of the President i. Otter Riga 2006 30 June