The Saeima has adopted and the President promulgated the following laws: the civil service disciplinary law chapter I General provisions article 1. The purpose of the Act the Act's objective is to provide timely, complete, comprehensive and impartial civil servants committing a disciplinary investigations, fair decisions, as well as the causes and consequences of the disciplinary clearance and prevention.
2. article. The operation of the law (1) the law says civil servant (official) disciplinary actions, disciplinary ways and the applicable disciplinary action as well as the order in which questions about the appearance of officials to disciplinary action, disputes and appeals against decisions.
(2) this Act does not apply to the Ministry of the Interior system and the prisons administration officials with special ranks to disciplinary action.
3. article. (1) a disciplinary For disciplinary officials will be intentionally or negligently committed an infringement (action or inaction), referred to in chapter VI of this law and is related to the official duties of the position.
(2) disciplinary officials also recognized the acts or omissions that directly focused on a disciplinary offence, but the breach is not committed until the end of the independent will of the officials reason.
(3) the statutory disciplinary is the only basis for the application of disciplinary measures.
(4) the disciplinary law that is not related to the official duties of the position, is a disciplinary only if it hurts the general respect for and confidence in the Government.
(5) a disciplinary penalty shall not preclude the application of the civil liability of the officials, administrative and criminal responsibility.
4. article. Finding out the appearance of the disciplinary procedure (hereinafter also-case), the authority has the responsibility to comprehensively clarify the circumstances of the case, to detect the presence or absence of disciplinary, trace its consequences, to clarify the disciplinary offence perpetrator official, as well as other circumstances that have a role in disciplinary proceedings.
5. article. A form of guilt (1) guilty of coming to a disciplinary official who committed disciplinary intentionally or recklessly.
(2) to be considered as a disciplinary done intentionally, when the officer, who did it, is aware of the unlawful nature of their actions, they had anticipated adverse effects and wanted or intentionally made this effect.
(3) to be considered as a disciplinary so recklessly, if official who done it, had foreseen its negative consequences of possible accession, but lightly he trusted that they will not or will correct, or does not intend the consequences of accession to this option, although they could provide and had to lay down.
(4) the negligence can be rude or light.
(5) a disciplinary acceptable about this gross negligence if civil servant who did it, is aware of its adverse consequences of joining the opportunity, but he trusted that the lightly not occur or be able to fix.
(6) will be considered as a disciplinary done behind the mild negligence, if the official, who did not intend its adverse effects and the possibility of accession is not wanted such a consequence membership, although they could provide and had to lay down.
6. article. Extreme need official is not liable to disciplinary action if he found in the extreme situation of need, that is, to, which was required to prevent harm to the State or public order, property, rights and freedoms of individuals or specific administrative arrangements, if appropriate in the circumstances, the damage could not be avoided by other means and if the damage is less than prevent one.
7. article. Justified professional risk to disciplinary action are not the official who acted to achieve the public interest objectives that could not be achieved in another way. Professional risk is justified if the official who made it, has done everything to prevent harm to legally protected interests.
8. article. The order of proof to prove the guilt of the officials is authority. No one shall be held guilty of a disciplinary offence and disciplinary punishment until his guilt is proved in accordance with the procedure laid down in the law. All doubt is valued on a good official.
9. article. Responsibility for damages (1) the decision of the disciplinary proceedings (article 31, first paragraph) does not exempt the State from the obligation to pay the person suffered loss or personal property (also moral) damage regulations.
(2) the decision of the disciplinary official release from obligation law cases and in order to pay for property damage caused by the State, including those resulting from the damages referred to in the first subparagraph the loss or damage.
 
Chapter II disciplinary measures article 10. The concept and objective disciplinary actions (1) disciplinary action is the State forced the influence feature applicable official who committed a disciplinary.
(2) the disciplinary measure is intended to punish the guilty as well as the official, make an official meet regulations and refrain from further disciplinary.
11. article. The types of disciplinary actions for disciplinary can be subject to such disciplinary action: 1) reprimand;
2) monthly salary reduction, but no more than 20 percent for a period of three months to one year;
3) lowering for the time not longer than three years;
4) dismissal from the post;
5) release from the post without the right one year qualify for a position in public administration.
12. article. The principle of determining disciplinary actions (1) determining the disciplinary measure, take into account the nature of the disciplinary and injury, officials blame, mitigating and aggravating circumstances, as well as the relevant services of the degree of risk to cause property damage in the case of negligence of the passenger.
(2) the disciplinary, made similar legal and actual conditions, determine the similar disciplinary action.
(3) If the official has committed two or more disciplinary, disciplinary action is determined for each, but the final disciplinary penalty determined by the disciplinary problems of application of the heaviest penalties.
(4) If an officer before the disciplinary measure is totally committed to implementing the new disciplinary, then punishment is intended for new disciplinary, completely or partially, can add another outstanding disciplinary measure.
(5) in determining the sentence, the decision on the application of the disciplinary measures specified in the first paragraph of this article and, if necessary, the third and fourth circumstances referred to.
(6) the application of disciplinary measures shall not relieve the officer from its responsibilities fulfillment, for which no disciplinary action for non-compliance.
13. article. Circumstances that soften disciplinary liability (1) the disciplinary responsibility of soften these conditions: 1) on its own initiative, official resolve disciplinary consequences, voluntarily reimbursed the damage or prevent the injury;
2) official acknowledged a disciplinary offence voluntarily;
3) official misconduct committed, being a strong mental agitation condition serious personal reasons or family reasons;
4) official, providing the information has helped to reveal the conflict of interest situation if it related to a disciplinary, which proposed the case.
(2) the authority of the attenuating circumstances may recognize other conditions that are not mentioned in this law.
14. article. Circumstances that reinforces the responsibility for disciplinary responsibility for (1) disciplinary reinforces these conditions: 1) clerk continued to unlawful activities not subject to the requirements of higher officials to terminate, except when an officer used the civil law the second part of article 16 laid down in the law;
2) officials intentionally committed offence or the person harmed this law referred to in article 15. loss or damage;
3) official misconduct committed, with the intention of using a natural disaster or other exceptional circumstances;
4) official misconduct committed a disciplinary measure during operation;
5) official misconduct committed by alcohol, narcotic, psychotropic or toxic substances.
(2) in determining the penalty for aggravating can't recognize the conditions that are mentioned in this Act.
15. article. Substantial economic injury, personal injury and damage to the public interest (1) substantial economic loss be considered a disciplinary property resulting from the loss, amounting to a disciplinary offence a day more than five minimum monthly wage.

(2) economic loss not recognised as essential if a disciplinary committed behind the mild attention except when disciplinary done repeatedly and previously made the loss suffered as a result of a disciplinary corresponds to the first paragraph of this article to the significant financial loss.
(3) substantial personal injury the person considered to be a disciplinary caused personal injury, which can be prevented by preventing the direct consequences of the disciplinary.
(4) significant damage to the public interest is considered a disciplinary result created the damage important national or public interest, which can be prevented by preventing the direct consequences of the disciplinary.
(5) significant damage to the national interests of the officials considered a deliberate disobedience to the law, an order, a court judgment if such disobedience results in lost trust in the disciplinary offender as a State official.
(6) significant economic loss for the State or person, for personal injury, or substantial damage to the public interest is considered a loss or damage, which correspond to the first, second, third, fourth or fifth part and who official disciplinary could occur as a result of, but not from his will for independent reasons.
16. article. Disciplinary action Disciplinary action (1) is the period in which the legal relations with the official may use the fact that the official has been punished for disciplinary action.
(2) Disciplinary action starts from the date when the application is launched disciplinary decision of execution (32, the third part of the article), and shall expire one year after the date of the complete execution of disciplinary actions. If the official fit this law, article 11, paragraph 4 or 5, no disciplinary action, disciplinary action specified in the action shall expire five years after the date on which the complete disciplinary enforcement.
(3) the disciplinary action during the State provides appropriate disciplinary action to the official sentence according to the nature of the disciplinary action. Disciplinary actions: 1) an official may not be promoted (article 11 (2));
2) may not be appointed clerk previous position or its equivalent (article 11 (3));
3) first four years may not appoint a clerk previous position or its equivalent (article 11), as well as in the post, where he would be appointed to this law, article 11 paragraph 3 specified the application of disciplinary measures;
4) in the first year an official may not be reappointed (article 11), but for the next three years should not appoint a previous or an equivalent post, as well as in the post, where he would be appointed to this law, article 11 paragraph 3 specified the application of disciplinary measures.
(4) After the third paragraph of this article, the time limit laid down in the official termination of the disciplinary action be unpunished.
 
Chapter III of the disciplinary proceedings, and article 17 of the merger. Indispensability initiating disciplinary proceedings (1) the authority or official who had information about possible disciplinary, is obliged to notify the authority or official has the right to decide on prosecution.
(2) the authority or official, the prosecution is obliged to use all the means provided for in the Act, to determine whether disciplinary is made.
18. article. The right to initiate disciplinary proceedings (1) the Institute shall: 1) Prime Minister;
2) Cabinet Member about his subordinate officials;
3) civil administration;
4) in which the performance of the civil servant;
5) in paragraph 4 of this article the said authorities to higher authority.
(2) If the disciplinary procedure initiated by the first part of this article 1, 2, 3 or 5, the authority referred to in paragraph or officials, it informs about the initiation of the institution in which the official performs a public service.
19. article. The initiation of disciplinary proceedings (1) if the disciplinary proposes: 1) for the operation of the Act or omission of the civil servants are all signs of a disciplinary and at the same time there are such circumstances: (a)) is not ended by a civil relationship with the officer, b) since the relevant act or omission committed (completion) days is not older than two years;
2) timed one of this article, the third, fourth or fifth part of the cases referred to.
(2) the first subparagraph of this article, in the cases referred to in paragraph 1, the proposed disciplinary proceedings not later than one month after the Authority received information about facts or even have found the facts of the alleged disciplinary offence. On the day of the receipt of the information considered to be the day when the information registered in the records of the authority or institution of the infringement fixed documentary fact.
(3) If the disciplinary procedure is proposed, on the basis that the relationship with the civil servant ended, it suggests, if the person concerned is appointed and officials since the days when found possible disciplinary, not more than two years.
(4) If the disciplinary procedure has been terminated (article 34), on the basis that the relationship with the civil servant ended, terminated the disciplinary proceedings, if the person concerned is appointed and officials since the day ended with a civil servant, is now more than two years.
(5) if the prosecution officials have been initiated for the same offence, which is the basis for proposing disciplinary and therefore not proposed disciplinary, it proposes within one month from the date on which the authority, having been convicted by a decision on the termination of criminal prosecution.
20. article. A decision on disciplinary action (1) the decision on disciplinary action taken where article 18 of this law in the first part of the said authority or official.
(2) the decision on the initiation of disciplinary proceedings: 1) a disciplinary offence in the circumstances;
2) violated the rules and potential provided for in chapter VI of this law in disciplinary training;
3) official's name and job title;
4) the victim, if any;
5) authority, which handles disciplinary proceedings (article 24), or disciplinary investigators (article 28);
6) other relevant information.
(3) the decision on disciplinary prosecution is not an administrative act. A decision on disciplinary action is not subject to this law, the decision provided for in the opposition and appeal procedures.
(4) the clerk, as well as the victim, if any, presented the decision on disciplinary action.
21. article. Removal from post duties (1) after a decision on disciplinary action, by a reasoned decision of the clerk at the time, but no longer than up to the start of execution of disciplinary actions, keeping wages and social guarantees, can be suspended from their duties.
(2) the decision on the disqualification from Office of an official duty may be challenged by a civil administration. The challenge to this decision shall not suspend its activity.
22. article. (1) the transfer of the disciplinary Proceedings to the investigation or review process to complete short can be taken only in exceptional cases, indicating the reasons.
(2) the Prime Minister, as well as a member of the cabinet can take on his subordinated officials proposed disciplinary proceedings and refer civil administration or its authorities, in which the official performs, the higher civil authority.
(3) where the Authority official performing public service, higher authority may itself take over disciplinary, reviewed by the authority subordinated to them, or refer the case to the civil administration.
(4) the authority which has taken over the case or passed over the case, continue the proceedings and designate the things investigators. If applied in the disciplinary process, taken over a short disciplinary continues to examine truncated in the process.
(5) the transfer shall be notified to the official and the victim, if any.
(6) take over the decision of the disciplinary review and adopt it within the period was to decide the case before its transposition (article 25).
23. article. Combining (1) disciplinary proceedings disciplinary proceedings on a number of disciplinary officials can combine one disciplinary.
(2) the disciplinary proceedings related to these time limits laid down in the disciplinary procedure, the first proposed.
(3) If the disciplinary, combine several proposed for one or more of the disciplinary officials and the various institutions, the joint highest have jurisdiction authority. If one of the bodies is the civil administration, it have jurisdiction.
 
Chapter IV Disciplinary proceedings article 24. The disciplinary hearing of the General provisions (1) the disciplinary authority in which the appearance of an official exercising civil service disciplinary investigation or examining the truncated in the process.

(2) in exceptional cases, if the decision on disciplinary proceedings or disciplinary proceedings specified in the grounds of the takeover, the disciplinary procedure can be dealt with by a civil administration or its institutions, which perform civil servant, the higher authority.
(3) civil administration may consider disciplinary proceedings if it is established by this law, article 18, first paragraph 1, 2 or 5 the authority referred to in paragraph or official.
(4) where the Authority official performing public service, higher authority may consider disciplinary proceedings if it is established by this law, article 18, first paragraph 1, 2 or 3 above officer or authority of the case itself, or taken over by proposing disciplinary proceedings, the Authority decided to review the case.
(5) the authority shall consider disciplinary proceedings with a view to the decision taken in the disciplinary follow-up, down, deciding on follow-up (article 35).
25. article. The disciplinary hearing time limits (1) the disciplinary decisions shall be adopted within one month from the date of initiating disciplinary proceedings.
(2) in the first subparagraph of this article, the specific disciplinary proceedings may extend the period of the administrative procedure law in the cases and under the conditions prescribed.
(3) the disciplinary proceedings are not included in the period of time in which the official has been in temporary incapacitation, or he's been on vacation or a business trip.
26. article. The disciplinary investigation (1) disciplinary proceedings shall investigate cases investigator investigations completed when preparing an opinion on the disciplinary establishment, on the basis of which the time limit laid down in this law, the decision is taken in the disciplinary file.
(2) If in the course of the investigation, the coroner finds that is applicable to any of the article 11 of this law 1. or 2. disciplinary measures referred to in paragraph 1, and when the officer admit his guilt to a disciplinary offence, the investigation may be terminated, case before a short process and accept this law, article 31, first paragraph 1 or paragraph 3 of that decision.
(3) a short process applies only to the official's written consent. This consent may be withdrawn until a decision is taken in the disciplinary proceedings (article 31, first paragraph).
27. article. The obligation to participate in the investigation of the case (1) an official is obliged to participate in the investigation of the case, to clarify the circumstances related to the possible disciplinary.
(2) official, the victim, as well as the other person involved is obliged at the request of investigators of the case to comment. If the person invited is unable to attend or to submit written explanations within the time specified in the request, they are obliged to report their cases to the investigators.
(3) clarification by their provider of choice can provide in writing or orally. If the explanations provided orally, it is recorded. The minutes shall be signed by the provider and the explanation of the things investigators. The protocol adds disciplinary materials.
28. article. Coroner (1) disciplinary proceedings disciplinary investigators determined the driver of the authority handling the case (article 24).
(2) the disciplinary investigation is one person or the Commission not less than three persons.
(3) If the disciplinary procedure proposed by the authority or official that is not the case, the disciplinary Commission will be included in the investigation by these authorities or officials.
29. article. Disciplinary investigation to clarify the circumstances of the case (1) the coroner shall assess the disciplinary related facts and circumstances require explanations from officials, the victim, as well as other stakeholders and prepare an opinion on the disciplinary establishment.
(2) investigation of the find all facts and circumstances that are necessary to make legal and appropriate decision. In particular, establish: 1) or unlawful action has been carried out;
2) or an officer is guilty of the conduct;
3 the form of officials);
4) mitigating or aggravating circumstances;
5) if and to what extent the person has suffered an economic loss or personal injury, but the State, property loss or damage its interests.
(3) in the course of the investigation findings and the resulting explanation, as well as other relevant information added to the disciplinary proceedings.
30. article. Opinion on the establishment of a disciplinary (1) completion of the disciplinary investigation, the investigator shall draw up an opinion on the disciplinary establishment.
(2) if the investigator finds that the officer has committed a disciplinary he opinion indicates the recommended disciplinary measure applicable to an official for each disciplinary.
(3) if the investigator finds that have done a disciplinary, but acknowledges that this infringement is minor and there are no obstacles for the termination of the disciplinary, he opinion indicates that thing unravel, expressing a reprimand (article 33).
(4) if the Act or omission in the operation of the civil servants found not disciplinary in composition, the investigators opinion indicates that the disciplinary proceedings terminated (article 34).
 
Chapter v adoption of the decision and its control in article 31. Decision of the disciplinary procedure (1) the disciplinary proceedings is made as a result of one of the following decisions: 1) the application of disciplinary decision;
2) decision on the termination of disciplinary proceedings;
3) decision on the termination of the disciplinary proceedings by expressing the reprimand.
(2) the decision shall be taken on the disciplinary authority or officer who examined the disciplinary proceedings (article 24) or launched a disciplinary decision taken in follow-up (article 35). The application of disciplinary decisions (article 11 3, 4 or 5) in relation to an official whose post approved by the Cabinet of Ministers adopted the cabinet authorized officer based on the Cabinet decision. Decision in regard to the disciplinary official, which shall be appointed Prime Minister, assumes the Prime Minister.
(3) If in the opinion of the disciplinary proceedings is prepared for establishment of disciplinary, it indicates in the first part of that decision. If the officer takes a different decision, rather than a disciplinary finding of opinion suggested, it based its decision.
(4) the decision communicated to the interested parties, authorities and officials, to inform them about the content of the decision in question or to ensure its implementation. If the official's unlawful action is for criminal responsibility, the decision is sent to the Prosecutor's Office.
32. article. Disciplinary enforcement disputing the decision, appeals and enforcement (1) the decision on the application of the disciplinary official can challenge the civil administration within one month from the date of entry into force of the decision. The civil administration's decision taken concerning the decision on the application of disciplinary actions, the official may appeal to the Court of the administrative procedure law.
(2) If the application of the disciplinary decisions taken by a civil authority, the Prime Minister or this law, in article 31, second paragraph, second sentence, the official said the officials decision within one month from the date of its entry into force may appeal to the Court of Justice of the administrative procedure law.
(3) a decision or appeal the draft who made this law, article 11 3, 4 or 5. disciplinary action referred to in the application, does not suspend the execution of the decision.
33. article. The decision on the termination of the disciplinary reprimand in terms of (1) the decision on the termination of the disciplinary reprimand, making, accepting, if the investigation found that the officer has committed a disciplinary offence, but this is a minor, namely the disciplinary is not caused adverse effects or other legal threats.
(2) the expression is not a disciplinary Reprimand.
34. article. The decision on the termination of the disciplinary proceedings (1) the decision on the termination of the disciplinary proceedings is accepted if it is established during the investigation of a disciplinary composition.
(2) the victim is referred to in the first paragraph of the decision may be challenged by a civil administration.
35. article. Decision taken in the disciplinary follow-up (1) of article 18 of this law 1, 2 or 5 the authority referred to in paragraph or officer may, on its own initiative, take a decision taken in the disciplinary follow-up, pursuant to this law, Government facilities Act and the administrative procedure law.
(2) the disciplinary decision adopted apply this law for the follow-up article 31 of part three of the rules or, if necessary, reinstall the investigates and decides it.
Chapter VI article 36. Disciplinary. Obligations (1) the failure of the Office, a specific order or task failure or undue delay, negligence or poor quality performance expressed or reduce monthly scolding for a period of three months to one year, to 20 percent withholding of the salary.
(2) the same disciplinary due the State or, if the person has suffered a significant financial loss or significant harm to national interests, or the person significant personal injury, reduced wages for a period of three months to one year, to 20 percent withholding of salary, lowering the post for a period of up to three years, released or released from the post without the right one year qualify for a position in public administration.

(3) the Office of a particular order or task failure or undue delay, negligence or poor quality of the performance with the intention to pursue personal interests or harm the Government lowers the post for a period of up to three years, released or released from the post without the right one year qualify for a position in public administration.
37. article. (1) the mandate of the operation beyond the limits of the mandate, or reduce the monthly salary of a reprimand for a period of three months to one year, to 20 percent withholding of the salary.
(2) the same disciplinary due the State or, if the person has suffered a significant financial loss or significant harm to national interests, or the person significant personal injury, reduced wages for a period of three months to one year, to 20 percent withholding of salary, lowering the post for a period of up to three years, released or released from the post without the right one year qualify for a position in public administration.
38. article. Or the use of the State secrets protection regulations or other legally protected information from unauthorized disclosure (1) for the use of State secrets or violation of the terms of protection, or other legally protected information from unauthorized disclosure is expressed or reduced wages for the scolding for a period of three months to one year, to 20 percent withholding of the salary.
(2) the same disciplinary due the State or, if the person has suffered a significant financial loss or significant harm to national interests, or the person significant personal injury, reduced wages for a period of three months to one year, to 20 percent withholding of salary, lowering the post for a period of up to three years, released or released from the post without the right one year qualify for a position in public administration.
39. article. The loss of property, damage or loss of money (1) For loss of, damage to property or loss of money is measured, reduced wages for the scolding for a period of three months to one year, to 20 percent withholding of the salary.
(2) the same disciplinary due the State or, if the person has suffered a significant financial loss or public interest substantial injury, reduced the monthly salary for a period of three months to one year, to 20 percent withholding of salary, lowering the post for a period of up to three years, released or released from the post without the right one year qualify for a position in public administration.
40. article. Incorrect treatment of the person the performance of official duties (1) disproportionate to the petty exercise of the Office in respect of the person and the person's rights as well as the overtly offensive behavior against the person in the performance of official duties, or reduced, wages for the scolding for a period of three months to one year, to 20 percent withholding of salary, or lowers the post for a period of up to three years.
(2) the same disciplinary due the State or, if the person has suffered a significant financial loss or significant harm to national interests, or the person significant personal injury, it lowers the post for a period of up to three years, released or released from the post without the right one year qualify for a position in public administration.
(3) on the person's physical influence the performance of their duties, be released from Office or relieved of his post without the right one year qualify for a position in public administration.
Article 41. Inappropriate and disrespectful behavior at a time when the duties are not fulfilled (1) indecent behaviour at a time when the conditions of their employment, or unworthy and post inappropriate behavior in society, if it hurts the general respect for and confidence in the Government, expressed in the reprimand or reduce the monthly salary for a period of three months to six months, minus a to 20 percent of the salary, or post for a period of up to one year.
(2) the same disciplinary due the State or, if the person has suffered a significant financial loss or significant harm to national interests, or the person significant personal injury, reduced wages for a period of three months to six months, minus a to 20 percent of the salary, lowering the post for a period of up to three years, released or released from the post without the right one year qualify for a position in public administration.
 
Transitional provisions 1. With the entry into force of this law shall lapse at the Republic of Latvia article 81 of the Constitution of the order of the Cabinet of Ministers issued on 16 august 1994, the provisions of no. 158 "On civil servants disciplinary measures" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1994; 1996, 18. No, No 4).
2. officials of the infringement (action or inaction) committed to this law into force is a disciplinary when it established the laws and regulations in force in the concerned infringement (action or inaction) on the day of the offence. On the disciplinary punishment, apply laws which had set the date of the infringement, if the law does not provide for a lighter penalty.
3. The Cabinet of Ministers to the 2006 September 1, develop and submit to the Parliament a bill on the necessary amendments to be made to other laws.
The law shall enter into force on 1 January 2007.
The Parliament adopted the law of 11 May 2006.
 
State v. President Vaira Vīķe-Freiberga in Riga on May 30, 2006 Editorial Note: the law shall enter into force by 1 January 2007.