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National Regulatory Authorities For Damage Reimbursement Law

Original Language Title: Valsts pārvaldes iestāžu nodarīto zaudējumu atlīdzināšanas likums

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The Saeima has adopted and the President promulgated the following laws of national regulatory authorities for damage reimbursement law chapter I General provisions article 1. The purpose of the law the law aims to ensure the individual Constitution and the Administrative Procedure Act the right to appropriate compensation for loss of property or personal damage, including moral damage (loss of reimbursement) that it has suffered with the national regulatory authority (hereinafter the authority) an unlawful administrative act or actual action illegal. 2. article. The operation of the law (1) of the Act provides for reimbursement of loss: 1) basic and determining conditions;
2) order in which the authority: (a) assess the reimbursement of loss) where b) decide on the loss compensation, (c)) provides for the payment of money directed authorities of the decision or a court ruling on reimbursement of a loss.
(2) of the Act do not apply to the arrangements for the reimbursement of the cost of the injury caused to individuals in accordance with other laws.
(3) the loss of the meaning of this law include property losses, personal injury and moral damages. 3. article. The loss of the source of funds for reimbursement of losses recovered from: 1) the national budget;
2) municipal budget;
3) other derived public law legal persons budget;
4) public agencies in an independent budget, if the Agency has the procedural legal capacity and these features do not fit into any of this article 1, 2 or 3 referred to in public law legal person's budget, and the Agency has caused the loss of the area in which it operates within its budget. Chapter II basic and reimbursement of loss determination about article 4. Action and inaction (1) the authority may cause damage to the action, issuing unlawful administrative act or actual action when carrying out unlawful or by omission if the authority had a duty to act, but it has not acted illegally.
(2) this law Further with the concept of "action" and "action" is understood also omission where the authority has a duty to act. 5. article. The victim (1) the right to reimbursement of a loss is the victim, i.e. an individual who is an unlawful administrative act of the recipient or a third person of administrative procedure law, as well as a private individual, against which it is directly or directly concerned authorities actual unlawful action.
(2) the authorities of unlawful behaviour of the killed persons loved ones can also be a victim. 6. article. Causation (1) the right to reimbursement of a loss occurs when the unlawful conduct between the authority and the victim suffered damage there is a direct causal link between the objective of the authority and its related in time following the loss of injurious consequences, namely, the action creates and determines the consequences of joining a real opportunity and is the main factor that inevitably caused these effects.
(2) the causal link exists where the same loss would have occurred even if the authority had acted legally. 7. article. Financial loss (1) loss of Property within the meaning of this law are invaluable to each property in the pametum that the victim incurred with unlawful administrative act or actual action unlawful.
(2) in calculating the damages, take into account also the resulting profit if the victim can prove that the events in the course of normal development profit to be gained.
(3) Economic loss is also associated with the abolition of the administrative act, the actual action of the authority or its consequences, loss of reduction or elimination. Loss of property also covers costs related to legal aid. These costs are reimbursed by the cabinet order, up to the Cabinet's rules.
(4) For the loss does not consider the time and effort spent by individuals in specific cases. 8. article. Personal injury (1) personal injury within the meaning of this law is the harm with unlawful administrative act or actual action suffered unlawful physical person's life, physical integrity, health, freedom, honour and dignity, personal and family secrets or trade secret, copyright or other property rights or interests protected by law.
(2) the legal entity (the operator) is entitled to reimbursement only for personal damage caused to its business reputation, trade secrets, and copyrights. 9. article. Moral injury suffered moral injury within the meaning of this law are persons suffering it caused this person's essential rights or interests protected by law of unlawful intrusion. 10. article. Ownership (1) the victim is not entitled to receive all or part of the losses incurred, if he is not using their knowledge, abilities and practical capabilities, did everything possible to prevent or reduce losses.
(2) the victim is not entitled to the reimbursement of the damages if intentional conduct has contributed to the occurrence of the loss suffered by him or his claims. 11. article. Proof of funds (1) the property of the legal basis for the reimbursement of a loss and is proven by administrative statutory means of proof.
(2) personal injury legal basis for reimbursement is shown with the administrative process set out in the law means of proof. An individual has a duty to specify personal injury compensation claims and justifying it.
(3) moral hazard legal basis for reimbursement is considered proven if it is shown natural persons rights or interests protected by law of defamation. An individual's obligation to State reimbursement of moral hazard. 12. article. Property damage claims (1) the determination of the injury shall be determined using the means of proof (article 11).
(2) if the authority or the Court, in determining the amount of the loss, finds the victim's ownership (article 10), the amount of the loss is reduced accordingly.
(3) in determining the amount of profit gained, authority or court shall take into account the General risks and the specific circumstances of the case, which does not affect the resulting probability of profit.
(4) If it is not possible to determine the exact amount of the damages, the authority or the Court assessed the damages as a whole or individual it components. In assessing damages, the authority or the Court wisely respected the overall experience and the specific circumstances of the case. 13. article. Property loss compensation determination (1) in determining the appropriate amount of loss reimbursement shall take into account the Authority's legal and factual reasons and motives, as well as the victim's actions.
(2) in determining the amount of the reimbursement of the damages, addition can also take into account other specific case essential conditions, if it is possible to objectively prove it.
(3) Economic loss from the amount calculated in accordance with article 12 of this law, are usually reimbursed amounting to: 1) if the calculated amount exceeds 100 000 lats, — 100 percent of that amount;
2) if the calculated amount is from 100001 lat up to 1000000,-50 to 100 percent of that amount;
3) if the calculated amount exceeds LVL 1000000, appropriate reimbursement can be lower than the 50 percent of this amount.
(4) the authority may, at the discretion of the victim suffered property losses pay compensation in such a way that it is not the cost of loss reimbursement, but restore the actual situation was in the victim's belongings before the loss or damage. 14. article. Personal and moral harm compensation determination (1) personal and moral harm shall be determined in accordance with the law and with the law infringed a protected interest and importance given the seriousness of the infringement, having regard to the legal authority and the justification and rationale for the fact that the victim's behaviour and ownership, as well as other specific case essential conditions.
(2) personal injury compensation is determined by the amount of up to 5000 lats. If suffered serious personal harm, the remedies can be determined to about 7000 lats, but if damage to life or very serious injury to health, the maximum amount of reimbursement can be up to 20 000 lats.
(3) moral hazard is determined by the amount of reimbursement up to 3000 lats. If suffered serious mental damage, the reimbursement amount can be determined up to 5000 lats, but if damage to life or very serious injury to health, the maximum amount of reimbursement can be up to 20000 litres.
(4) if the authority or the Court, in assessing the circumstances of the case, finds that private rights or interests protected by law of defamation is not heavy, moral hazard, or additional independent reimbursement may be writing the authority or a public apology. Chapter III application for the reimbursement of the damages hearing procedures article 15. Due to the acceptance of the application to the authority a private request for reimbursement of damages shall be submitted to the authority, which caused the loss. 16. article. Application for reimbursement of loss (1) the application for reimbursement of loss: 1) the name of the authority which submitted the application;

2) the applicant's name, social security number and place of residence, but a legal person, the name, registration number and registered office;
3) claim;
4) facts, which, after the applicant's opinion, justify the right to reimbursement of a loss;
5) bank account, to which the reimbursement of damages payable.
(2) the application may be indicated in the evidence proving the loss damage and loss claims of fact, and the application shall be accompanied by copies of the relevant documents, the presentation of the original documents or certified true copies in. If the application is sent by mail, it shall be accompanied by the certified copies of documents or copies.
(3) Application, you can specify the legal grounds of the case and other information that may be relevant to the case.
(4) the claim shall state the total amount of the reimbursement of a loss. If reimbursement is sought for a number of loss types, the application can specify for each loss type claimed reimbursement of the amount of the loss. Article 17. Submission deadline Individuals shall submit an application for reimbursement of the losses during the year of the date on which it learned or should have know about the loss, but not later than five years from the authorities in the administrative act unlawful force or unlawful entry into the actual action. 18. article. The order in which the present application for direct losses suffered by the regulatory authority (1) the reimbursement of direct managerial authority that receives a personal application for reimbursement of damage, immediately forward it to higher authority or other regulations for specific authority (deciding authority). If higher authorities is not whether it is the Cabinet of Ministers and the law is not specific authority to examine the application of direct regulatory authority.
(2) the authority in the month following receipt of the application, examine the legal basis for the reimbursement of a loss and take a decision on the allocation and reimbursement of loss reimbursement amount or on the rejection of the application.
(3) If objective reasons during the month it is not possible to do this by the deciding authority, adopt a reasoned decision, the time limit can be extended to four months, inform the applicant in writing. This decision is final or appealable. 19. article. The order in which the present application for local authorities caused the loss compensation (1) If an application for the loss of private reimbursement received municipal authority with their actions, exercising direct administrative functions or tasks, caused the loss, it shall without delay forward the application to the functionally superior or other specific legislation direct regulatory authority (deciding authority), but a copy of the application sent to the regional development and local government Ministry.
(2) If an application for the loss of private reimbursement received municipal authority that the its action within the framework of the autonomous local government functions or tasks, or through its voluntary initiative, caused the loss, it shall without delay forward the application to the Municipal Council (the Council), but a copy of the application sent to the regional development and local government Ministry.
(3) If an application for the loss of private reimbursement received municipal authority that the its action within the framework of the autonomous municipality of other functions or tasks, caused the loss, it shall without delay forward the application to the jurisdiction of the Municipal Council (the Council), but a copy of the application sent to the regional development and local government Ministry.
(4) if the application is forwarded to the authority which is not competent, it shall immediately forward the application to the regional development and local government Ministry. During the month, the Ministry shall determine the competent authority in the first, second or third subparagraph to cover the losses. The decision to notify all interested parties. Time to the Ministry's decision is not credited in the fifth and sixth period referred to.
(5) the authority in the month following receipt of the application, examine the legal basis for the reimbursement of a loss and take a decision on the allocation and reimbursement of loss reimbursement amount or on the rejection of the application.
(6) If objective reasons during the month it is not possible to do this by the deciding authority, adopt a reasoned decision, the time limit can be extended to four months, inform the applicant in writing. This decision is final or appealable.
(7) loss of pay from the State budget, if it led to a municipal authority, in exercising direct administrative functions or tasks. The loss is offset from the municipal budget, if it led to a municipal authority in the performance of their respective municipalities autonomous functions or tasks, or through its voluntary initiative. The loss is offset from the other public law legal persons, if the budget created by local authorities, in the exercise of this conduct other public law legal persons autonomous functions or tasks. 20. article. The order in which the present application for other derived public law legal persons suffered the loss compensation (1) If an application for the loss of private reimbursement received sub-delegation authority that with their actions, exercising direct administrative functions or tasks, caused the loss, it shall without delay forward the application functional higher direct regulatory authority or other regulatory acts specified in the direct regulatory authority (deciding authority), but a copy of the application sent to the Ministry to which the child is a legal person governed by public law is passed.
(2) If an application for the loss of private reimbursement received sub-delegation authority (Officer), who with their behaviour, in the performance of their child's public law legal persons functions or tasks, caused the loss, it shall without delay forward the application of derived public organ of the legal person or other specific legislation direct regulatory authority (deciding authority), but a copy of the application sent to the Ministry to which the child is a legal person governed by public law is passed.
(3) If an application for the loss of private reimbursement received sub-delegation authority, which with its actions, the performance of other derived public law legal persons functions or tasks, caused the loss, it shall without delay forward the application to the jurisdiction of the child public organ of the legal person, and send a copy of the application to the Ministry to which the child is a legal person governed by public law is passed.
(4) if the application is forwarded to the authority which is not competent, it shall immediately forward the application to the Finance Ministry. During the month, the Ministry shall determine the competent authority in the first, second or third subparagraph to cover the losses. The decision to notify all interested parties. Time to the Ministry's decision is not credited in the fifth and sixth period referred to.
(5) the authority in the month following receipt of the application, examine the legal basis for the reimbursement of a loss and take a decision on the reimbursement of the damages and the amount of the reimbursement or the rejection of the application.
(6) If objective reasons during the month it is not possible to do this by the deciding authority, adopt a reasoned decision, the time limit can be extended to four months, inform the applicant in writing. This decision is final or appealable.
(7) loss of pay from the State budget, if it led to direct action by the regulatory authorities, the performance of direct administrative functions or tasks. The loss is offset from the derived public law legal persons, if the budget caused by direct action of the regulatory authorities in the exercise of public law derived entity autonomous functions or tasks. 21. article. The order in which the present application for a public agency in an independent budget suffered a loss compensation (1) the public agency that receives the individual's application for the Agency's independent budget (article 4) reimbursement of damages caused in the context, immediately forward the application to the authority which it is subordinated, or other specific legislation authority (deciding authority).
(2) the authority in the month following receipt of the application, examine the legal basis for the reimbursement of a loss and take a decision on the rejection of the application or for the loss of reimbursement from the public agency's independent budget resources or public law legal persons budget and reimbursement.
(3) If objective reasons during the month it is not possible to do this by the deciding authority, adopt a reasoned decision, the time limit can be extended to four months, inform the applicant in writing. This decision is final or appealable. 22. article. Appeals against decisions of the authority decision on the loss compensation is not subject to further appeal, but the Court, in accordance with the administrative procedure law. Chapter IV of the decision of the authority or court ruling on reimbursement of loss of execution article 23. Payment of reimbursement of a loss

Loss reimbursement shall be paid in accordance with the provisions of this chapter. 24. article. Reimbursement of damages from the State budget (1) if the decision of the authority or a judicial decision on the reimbursement of a loss is facing the Republic of Latvia, the specified amount is paid to the Ministry of finance.
(2) after the entry into force of the decision of the authority or a judicial decision on the reimbursement of a loss, the adjudicating entity or regulatory authority (Officer) who participated in the proceedings, shall without delay forward the Authority's decision or a copy of a ruling on the Ministry of finance, which in the month following its receipt of loss reimbursement costs, moving it to the individuals specified bank account.
(3) the Ministry of finance may, by a reasoned decision of the reimbursement of the damages to be paid by instalments. The cost to a maximum of one year from the decision of the authority or court order of the date of receipt of the copy. The Finance Ministry of its decision to inform the individual in writing. This decision is final or appealable.
(4) if necessary, the Ministry of Finance shall prepare proposals for amendments to the annual State budget Act. 25. article. Reimbursement of damages from local government authorities (1) If a decision or ruling on reimbursement of loss is facing local governments, the fixed amount paid from the municipal budget.
(2) after the entry into force of the decision of the authority or a judicial decision on the reimbursement of a loss, the deciding authority or local authority (Officer) who participated in the proceedings, shall without delay forward the Authority's decision or a copy of a ruling awarding the municipal authority, which in the month following its receipt of loss reimbursement costs, moving it to the individuals specified bank account.
(3) the appropriate local authorities, by a reasoned decision of the reimbursement of a loss can be paid in instalments. The cost to a maximum of one year from the decision of the authority or court order of the date of receipt of the copy. The local authorities of its decision to inform the individual in writing. This decision is final or appealable.
(4) if necessary, and if it complies with the law, the Municipal Council (Council) shall decide on amendments to the municipal budget for the current year. 26. article. Reimbursement of damages derived from public law legal persons budget (1) after the entry into force of the decision of the authority or a judicial decision on the reimbursement of a loss, the deciding authority or directly to the administrative authority (Officer) who participated in the proceedings, shall without delay forward the Authority's decision or ruling of the court transcripts of the public organ of the legal person, which in the month following its receipt of loss reimbursement costs, moving it to the individuals specified bank account.
(2) derived public organ of the legal person by a reasoned decision of the reimbursement of a loss can be paid in instalments. The cost to a maximum of one year from the decision of the authority or court order of the date of receipt of the copy. The relevant public organ of the legal person of its decision, in writing, inform the individual. This decision is final or appealable.
(3) if necessary and if it complies with the law, derived public organ of the legal person shall take a decision on the amendments to the budget for the current year. 27. article. Reimbursement of damages from a public agency in an independent budget (1) if the decision of the authority or a judicial decision on the reimbursement of a loss is facing a public agency, the specified amount is paid from the public agency's independent budget (article 4).
(2) after the entry into force of the decision of the authority or a judicial decision on the reimbursement of a loss, the deciding authority or officer who participated in the proceedings, shall without delay forward the Authority's decision or a copy of the ruling to the public agency, which in the month following its receipt of loss reimbursement costs, moving it to the individuals specified bank account.
(3) the public agency with a motivated decision loss reimbursement can be paid in instalments. The cost to a maximum of one year from the decision of the authority or court order of the date of receipt of the copy. The public agency of its decision to inform the individual in writing. This decision is final or appealable.
(4) If a public agency cannot fulfill the Authority's decision or ruling of the Court due to lack of funds, it shall immediately inform the authority, which has passed, and the loss of cost reimbursement from the public budget of the legal person, that should be the responsibility of the public agency. Notify the individual in writing.
(5) if necessary, and if it complies with the law, public law, an organ of the legal person shall take a decision on the amendments to the budget for the current year. 28. article. Reimbursement of losses from its subsidised State budget (1) if the derived public law legal person or Government agency can not according to this law, 25, 26 or 27 to article execute authority decision or a court ruling due to lack of funds, reimbursement of the cost of the loss of the State budget in accordance with the provisions of this article.
(2) If a municipality or other derived public law legal persons organ finds that a decision or ruling of the Court is not able to meet due to lack of funds, it approached the Finance Ministry with the request for reimbursement of damages paid from the State budget. The request shall be accompanied by a decision of the authority or a court ruling, as well as documents showing that the cost is not possible from a given budget. The Ministry of finance submitted a request in writing by an individual.
(3) the Ministry of finance during the month of the date of receipt of the request, the cost of loss reimbursement from the State budget, by applying article 24 of this law. 29. article. Interest on arrears (1) reimbursement of the cost of the damage delay is statutory interest payable.
(2) If a reimbursement of damages determined by the Court ruling, interest on arrears shall begin to run two months after the Court ruling from the date of its entry into force.
(3) if the reimbursement of damages determined by the national regulatory authorities or legal persons governed by public law bodies, the decisions of interest on arrears shall begin: 1) where the application is under consideration in one month (article 18, paragraph 2, article 19, fifth subparagraph article 20, fifth subparagraph, article 21, second paragraph) — after two months from the date of submission of the application;
2) in the case where the application is under consideration within the period of four months (article 18, third subparagraph, article 19, sixth paragraph, sixth paragraph, article 20, article 21, third paragraph) — after five months from the date of submission of the application;
3) where the application is under consideration within the month, but there is a fourth part of article 19, article 20, fourth paragraph of article 27 or 28 fourth paragraph referred to in article conditions — after three months from the date of submission of the application;
4) where the application is under consideration within the period of four months, but there is a fourth part of article 19, article 20, fourth paragraph of article 27 or 28 fourth paragraph referred to in article conditions — after six months from the date of submission of the application. 30. article. The State funds the General alignment if the Ministry of finance, in accordance with article 28 of this law, the cost of loss reimbursement from the State budget, it can completely or partially recover those funds from the public law legal persons. Alignment procedure is determined by the other laws. 31. article. Review of loss compensation (1) the decisions of the authority or a copy of a ruling on loss compensation, as well as on the recourse to the appropriate decision-making body or officer of the Court in the month following its adoption, shall be sent to the financial Ministry.
(2) the Ministry of finance inspection authority specified amount. If the Ministry of finance finds that the amount of the reimbursement is unjustified, it shall immediately inform in writing the Cabinet and State control.
(3) the Ministry of finance at least every six months (up to the current year 15 July and next January 15) prepare and submit to the Cabinet a report on all the relevant authorities received in the period the decision or judicial rulings on loss recoveries of costs from the State budget (also for payments made in accordance with article 28). Chapter v with the reimbursement of losses related to the evaluation of the case and officers liability article 32. With the reimbursement of losses related to the examination of the case (1) to establish the conditions that caused or contributed to the damage, the quantum of damages to higher authority, which is subordinated to the injury caused, the authority shall assess each individual case of damages recoverable in accordance with the decision of the authority or a court ruling.
(2) the reimbursement of all losses in the existing circumstances, the higher authority shall take a decision on the dispatch of material jurisdiction authority to determine whether the breach of the designated officer is not called to disciplinary, administrative and criminal responsibility. 33. article. Officials of civil liability

(1) in order to compensate the officers act public law legal person, damage the public organ of the legal person or the competent authority has the obligation under this article shall be assessed and recourse in order to recover from the officer's full or partial reimbursement of a loss.
(2) the officer is responsible for civil law to public law legal person for damage, if the officer has deliberately acted unlawfully or its gross negligence.
(3) the provision of incorrect application or interpretation is considered gross negligence if the views that have been the basis for action by the officials, are not regarded as legally inadequate. The fact that the higher authority or the Court has expressed a different opinion later, there is no verification that the officials ' views had been legally inadequate.
(4) officials of the authority on Collegiate public law legal person responsible for damage in accordance with the law of public administration facilities.
(5) where the loss suffered as a result of several officials, the amount of the reimbursement paid to each official, determined taking account of the degree of fault.
(6) in deciding on the reimbursement of a loss and determining whether officials from prasām full or partial reimbursement of damages caused, account is taken of the degree of fault of the officials.
(7) an official civil liability occurs regardless of whether the officer liable to disciplinary action, administrative or criminal liability. 34. article. Against the recourse Officer (1) higher authority (jurisdiction is set out in the Act, regulations Authority) six months from the date of the public law legal person shall be obliged to reimburse the loss occurred, the service carried out an investigation to identify the Executive who could bring recourse.
(2) if the officer agrees to voluntarily pay the damages, the amount of the refund is deducted from the salary.
(3) this law, in article 24 and 28 cases of recourse procedures included in recoveries for the country in General. The transitional provisions of article 28 of the Act shall enter into force on 1 February 2006. The law adopted by the Parliament in June 2, 2005. State v. President Vaira Vīķe-Freiberga in Riga, June 17, 2005, the