The Act On State Legal Aid Is

Original Language Title: Valsts nodrošinātās juridiskās palīdzības likums

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The Saeima has adopted and the President promulgated the following laws: the Act on State legal aid chapter I General provisions article 1. The purpose of the Act, the Act aims to promote an individual's right to a fair trial, providing State guaranteed financial support for legal aid.
 2. article. The law governing the operation of the Act on State legal aid (legal aid) the General provisions of the provision.
 3. article. The right to legal assistance (1) the right to legal aid are: 1) the citizen of Latvia;
not a citizen of Latvia, 2);
3) stateless persons;
4) European Union citizen who is not a citizen of the Republic of Latvia, but legally residing in the Republic of Latvia;
5) a citizen who is not a member of the European Union if he legally residing in the Republic of Latvia and has received a permanent residence permit;
6) person according to the Republic of Latvia to international contracts concluded shall be entitled to provide the Republic of Latvia on legal assistance;
7) asylum seeker, a refugee and a person who has been assigned to an alternative status in the Republic of Latvia.
(2) in the first paragraph of this article, the following persons are entitled to legal aid if that person in the following circumstances, assets and level of income, is not capable of partially or fully ensure their protection. The Cabinet of Ministers shall determine the cases in which a person's particular situation, property status and income level considered appropriate for the granting of legal aid.
(3) the State provides legal aid to any person who acquired the needy or poor status.
(4) persons who meet the first, second and third part of the said criteria, are entitled to legal aid and to amend the original application for legal aid.
 4. article. The legal aid applicant responsibility (1) the Person has no right to abuse its special circumstances, assets and level of income the State legal aid.
(2) a Person shall be obliged to claim legal aid in a timely manner, except for the objective circumstances, it has not been possible.
 5. article. Legal aid (1) the State provides legal assistance with a view to settling disputes out of court and in court, as well as the provision of legal advice, the injured or the contested right or legally protected interests. The asylum seeker country provides for legal aid to appeal procedures in the asylum process.
(2) the State provides legal aid to persons, taking account of its particular situation, assets and level of income, as well as the person's application for legal aid information, except for the cases provided by law.
(3) the amount of legal aid determines the hours and specific action. Min three Cabinet determines the types of legal aid, the maximum number of hours and the amount of payment and order.
(4) costs relating to this law provides legal assistance, are covered from the State budget funds for this purpose.
(5) in the cases specified in this law, a person shall be borne by the part of the fees for legal assistance received or fully paid by the legal aid expenses.
(6) the State shall bear the expenses of the Tribunal, that person must pay in accordance with the Court ruling.
 6. article. The basis for refusal of legal aid (1) legal aid is not provided if: 1) persons requesting legal aid is not justified;
2) person is not timely requested legal assistance;
3) national regulatory authority have helped the person by pointing to the resolution of the legal situation, preparing people for the implementation of the protection of the rights or the necessary documents or providing other forms of legal assistance, which indicates that legal aid is not necessary;
4) the last two years since the previous request for legal aid has been interrupted the provision of legal aid so that the person requesting legal aid, provided the wrong match;
5) a person who has been fined for failure to repay in part or in full, with legal aid, has not done so within the time and in the amount;
6) it concerns a claim, directly linked to the applicant's commercial or independent professional activity;
7) it is related to the tax and customs issues;
8) it concerns a claim for harassment and human dignity;
9 dispute settled by arbitration) or using other alternative dispute resolution mechanisms.
(2) in exceptional cases legal aid is given without taking into account the first part of this article (4) and (5) in these conditions, if the failure to provide legal aid would mean that is significantly limited by the Constitution of the Republic of Latvia guarantees the fundamental rights of the person.
Chapter II administration of legal aid article 7. The legal aid administration of the legal aid authority is responsible for providing the legal aid administration. The legal aid administration is subordinated to the Ministry of Justice's direct regulatory authority.
 8. article. The Mission of legal aid administration in legal aid administration tasks are: 1) the laws and regulations in order to pay legal aid funds;
2 to provide a focused and effective) of the State budget funds;
3) in the cases specified by law to recover State budgetary funds allocated to legal aid.
Chapter III extrajudicial legal aid article 9. Extrajudicial legal aid the State provides legal aid if: 1) has the necessary legal aid housing rights, labour rights, the rights of the child, or national social security matters;
2) violent crime injured party requires legal aid for his clarification of rights and obligations, and making the application for compensation;
3) a person is required to prepare an application for the claim in civil matters;
4) is engaged in a legal dispute in which the possible litigation, and this person needs legal assistance of their procedural rights and obligations, in order to prepare for action;
5) is engaged in a legal dispute be settled out of court, and the person has the necessary legal aid to ascertain their rights and obligations, addressing such disputes, or to prepare the relevant documents;
6) has the right to legal assistance or representation of defence and required by law.
Chapter IV legal aid in civil matters article 10. Provision of legal assistance in civil legal aid in civil matters may require the person until the court order is not executed.
 11. article. The amount of legal aid in civil matters (1) the State shall provide the following legal aid: legal aid 1) procedural documents;
2) legal advice during the proceedings;
3) representation in court.
(2) cross-border disputes for persons in addition to the first paragraph of this article has the right to: 1) interpreter services;
2) required by the Court or by the competent authority and submitted by the beneficiary of legal aid for the translation of documents, which are necessary for the resolution of the case;
3 payment of expenditure) related with the arrival on the Court, if the person's presence in court is provided for by law or requested by the Court, deciding that the person concerned can not hear otherwise.
 12. article. The concept of cross-border disputes, cross-border dispute is one in which the party's habitual residence (domicile) requesting legal assistance, time of receipt of the application for legal aid, the progress is not hearing or court order enforcement in the country.
 13. article. Transfer application in cross-border disputes (1) If a person wishes to obtain legal aid in cross-border disputes, the administration of legal aid shall submit a corresponding application.
(2) the legal aid administrative authority referred to in the first paragraph of the application within seven days from the date of receipt of the application, transmit to the other country's competent authority.
(3) the legal aid administrative authority shall refuse an application if the transfer does not involve a cross-border dispute.
 14. article. Cross-border dispute is received in the examination of the application (1) If the legal aid administrative authority receives the other competent national authorities forwarded the application for legal aid, it shall examine the General order.
(2) a Person's particular situation, assets, and income level are evaluated by the same criteria that are used when considering a cross-border dispute unrelated to the legal aid applications.

(3) a Person who wishes to receive legal aid in cross-border disputes, you can ask legal aid even if the show that it could not pay the legal aid expenses because the level of prosperity of habitual residence (domicile) in a country and the country where the Court is sitting, is different.
Chapter v legal aid in administrative cases article 15. Legal aid in administrative cases legal aid in administrative proceedings, the person may request until the court order is not executed.
 16. article. The amount of the legal aid administrative State shall provide the following legal aid: legal aid 1) procedural documents;
2) legal advice during the administrative procedure;
3) representation in the administrative process.
Chapter VI legal aid in criminal matters article 17. Provision of legal assistance in criminal matters of Persons who by law are entitled to defense or representation, you can claim legal aid until a court order is not executed.
 18. article. The amount of legal aid in criminal proceedings the State shall provide the following legal aid: legal aid 1) procedural documents;
2) in criminal proceedings;
3) representation in criminal proceedings. 
19. article. Advocacy support (1) If the State law where the person must be provided counsel, criminal proceedings provides a person the opportunity to invite a Patronus.
(2) in cases of urgency and criminal proceedings in cases of compulsory defence, if the person has not agreed with the champion, defending the process invites promoters.
(3) the advocate of the first and in the cases referred to in the second subparagraph shall select from among the persons with whom the legal aid administration has concluded legal assistance agreements and in accordance with the criminal law may be on the defenders in criminal matters.
(4) in This Act to the application and the examination procedure shall not apply to the provision of the defence in criminal proceedings, as well as to it not to apply this law 3, 5 and 6.
(5) how reasonable and necessary is the provision of legal aid defence, assess the process Guide, informing the legal aid administration.
(6) the advocate is a person in criminal proceedings.
 20. article. Representation security (1) the criminal proceedings in the cases laid down in the decision on the attorneys as representatives of the victim's evidence, taking into account the conditions of the criminal proceedings, adopt process Guide, informing the legal aid administration.
(2) an attorney in the cases referred to in this article shall be chosen from among the persons with whom the legal aid administration has concluded legal assistance agreements, subject to the limits of the criminal proceedings.
Chapter VII procedure for the provision of legal aid in article 21. The responsible authority in the legal aid administrative authority shall examine applications for legal aid, decisions on the granting of legal aid to grant or refusal and communicate the decision to the applicant.
 22. article. Application for legal aid (1) a Person who wishes to receive legal assistance, submit an application, fill in the request form of legal aid. If necessary, adds a form that posts copies of supporting documents.
(2) the legal aid application form approved by the Cabinet of Ministers.
(3) a Person may obtain a legal aid application form, as well as information on the form and the documents that you want to add the legal aid administration or municipality administrative territory of which that person is resident, but this law article 3, first paragraph, 3, 4, 5 and 7 of the person referred to in paragraph — in the municipal administrative territory they legally reside.
(4) the legal aid application form and fill in the information about them is issued free of charge.
(5) the Person's application for legal aid in (fill in the legal aid application form) sent to the legal aid administration.
 23. article. The order in which the appearance of the application for legal aid (1) the legal aid administration within two weeks from the day of receipt of the application for legal aid, shall take a decision on the provision of legal assistance and the amount of the need.
(2) If the legal aid administrative authority ascertains that the decision requires additional information, it shall within seven days from the date of receipt of the application, inform the applicant of legal aid.
(3) in the first paragraph of that decision, the period of time until all of the legal aid administration, communication of the information requested.
(4) If the legal aid administrative authority 15 days does not get from the person the requested information, it shall decide on the refusal to grant legal aid.
(5) the decision to grant legal aid, or refusal to grant is an administrative act.
(6) for the purposes of this Act to the application and on the examination procedure does not apply to the provision of legal aid for the appeal procedure in the asylum process.
(7) the legal aid administration granted legal aid for asylum, if the institutions responsible for the examination of the asylum application, after legal aid needs assessment received the request.
 24. article. The message changes to the legal aid applicant is obliged to immediately, but not later than seven days after he learned of the changes in the application mentioned in the news, announce them to the legal aid administration.
 25. article. The decision on the notification of the decision to grant legal aid or refusal to grant it shall notify in writing, sending it to the address of the person or the transfer of the applicant personally.
 26. article. Decision of the opposition and appeal procedures (1) the legal aid administration person may challenge the decision by submitting a corresponding application to the Ministry of Justice official responsible.
(2) the Ministry of Justice responsible for the decision taken on the contested decision of the legal aid administration, a person may appeal to the district administrative court. The district administrative court decision is not appealable.
 27. article. Re consideration of the application (1) a Person may not re-submit an application for legal aid in a case concerning the same subject and on the same basis, if the district administrative court rejected it.
(2) a repeat application for legal aid in a case concerning the same subject and on the same basis is permissible only if significant changes have taken place in the special situation of the person, property or income level.
(3) in finding that the application for legal aid in a case are about the same subject and on the same basis, the legal aid administration can not but be returned to the person.
 28. article. The legal aid register (1) the legal aid register, which creates and maintains the legal aid administration, includes news on legal aid, refused to grant, as well as news on legal aid providers.
(2) the cabinet shall determine the legal aid register the order in the amount of information required and access to information.
 Chapter VIII legal aid provider in article 29. The legal aid contract (1) the legal aid contract shall specify: 1) the parties;
2) the competence of a legal aid provider;
3) what type of legal aid shall undertake to provide the legal aid provider;
4) the parties responsibility;
5) legal aid quality assessment criteria;
settlement procedure 6), financial and other resources;
7) monitoring the legal aid provider;
8) contract period;
9) conditions of cooperation;
10) other essential conditions of the contract.
(2) the legal aid contract shall expire: 1) the expiry of the agreement;
2) notice of one of the parties;
3) after the two parties ' mutual agreement.
(3) the legal aid contract may recede, if not carefully and promptly stuffed contract terms.
(4) the legal aid contract may be concluded for a period of not more than three years. After the end of the legal aid administration should take a decision on the legal aid contract effectiveness.
(5) the legal aid contract must not be closed again if the legal aid administrative authority is uzteikus the legal aid contract.
 30. article. Legal aid providers are (1) a contract for the provision of legal aid may conclude with: 1) the person who, in accordance with article 4 of the law on the bar may be a lawyer in the Republic of Latvia;
2) sworn notaries;
3) a sworn bailiff;

4 campus recognized) States that no less than five years continuously implement accredited study programme which is awarded as a result of acquiring legal qualifications and in which the provision of legal assistance to create the course or unit is headed by a doctor of law;
5) legal capacity of natural persons, which meet all the following requirements: (a)) acquired the accredited law school program of study (academic courses in law, or second level higher professional study programmes in law and legal qualifications), b) can the national language and c) is of good repute, d) won at least five years ' work experience, working in one of legal specialties.
(2) the first paragraph of this article can provide legal aid by the legal aid contract with the legal aid administration.
(3) a contract for the provision of legal aid through the first part of paragraph 5 of the persons referred to may not enter into contracts and the legal aid administration is entitled to terminate, if something is found to be one of the following conditions: 1) the person is the one on trial, the accused or the suspect in criminal matters for an intentional criminal offence;
2) person is penalized for intentional criminal offence, irrespective of the delete or remove a criminal record;
3) a person convicted for an intentional criminal offence, but of parole released due to statute of limitations, amnesty or pardon;
4) against a person due to a statute of limitations, amnesty or pardon, has ended the criminal for intentional criminal offence;
5) person is excluded from the Attorney or his assistant, laid off from a public prosecutor or cancelled from the sworn bailiff, his assistant, sworn notaries, his Assistant or the Office of judge;
6) a person does not meet the first part of this article, in point 5.
 31. article. The order in which the appearance of applications for legal aid provider status (1) article 30 of this law, the person referred to in the first subparagraph, which wish to provide legal assistance, fill out the application for legal aid provider status and submit it to the legal aid administration. Sample application form is approved by the Cabinet of Ministers.
(2) the legal aid administrative authority shall assess the conformity of the application in the message specified and check the details of a person's reputation and qualifications.
(3) the legal aid administration, found that the person is qualified, in good standing and comply with this law, article 30 of the persons referred to in the first subparagraph, for the category of the month following receipt of the application, shall take a decision on the legal aid contract with the person concerned. The legal aid administrative authority shall immediately be informed of the decisions taken by the person who submitted the first part of that application.
 32. article. The legal aid provider obligations (1) the legal aid provider shall provide legal aid under the legal aid contract.
(2) the legal aid provider may refuse to provide legal assistance, except that the requested legal aid does not meet the legal aid contract or such help prevent ethical considerations or restrictions provided for by law.
(3) the legal aid provider shall immediately inform the administration of the legal aid in the second part of that condition.
 33. article. The legal aid provider designation (1) the legal aid administration, article 23 of this law in the first part of the time limits indicated in the received application for legal assistance, shall take a decision on the legal aid provider posting case in question, with the exception of article 19 of this law in this case.
(2) the legal aid administration choose legal aid providers in the case in question, taking into account the legal aid provider: 1) expertise;
2) specialization;
3) workload;
4 the particular case) can provide legal assistance (for example, assess the likelihood of a conflict of interest);
5) location to evaluate what distance must be carried out by a person in order to receive legal assistance.
(3) the legal aid administrative authority shall issue to the applicant legal aid assignments to specific legal aid provider.
(4) Assignment of the legal aid administration: 1) the legal aid applicant's name, social security number and place of residence;
2) legal aid provider's name, surname or name, practice and contact information;
3) legal aid;
4) provision of legal assistance;
5) how long and to what extent the State undertakes to pay for legal aid;
6) the time and place when and where for the first appointment with the legal aid provider.
(5) the order is not an administrative act.
Chapter IX with the legal aid payment of expenditure article 34. With legal aid expenditure payment obligations (1) the Person who received legal aid, to legal assistance reimbursed expenses in full, if the legal aid administrative authority ascertains that: 1) person has indicated what inappropriate messages that were the basis for legal aid;
2) person abuse their right to legal aid;
3) person is unduly received legal aid;
4) person under a court ruling shall be subject to the payment of court expenses;
5) the special situation of the person, property condition or level of income year after legal aid is significantly improved.
(2) the cabinet shall determine the order in which the first and fourth parts of the person referred to in the payment of legal aid costs.
(3) Cabinet of Ministers determines the order in which the first part of this article, paragraph 5 of the above conditions.
(4) a Person applying for legal aid in cross-border dispute paid translation costs covered from the State budget, if the other State the competent authority shall refuse the provision of legal aid.
 35. article. With legal aid expenditure payment procedure (1) the legal aid administration, finding any of this law, article 34 of the cases referred, shall take a decision on the payment of the costs related to the provision of legal aid.
(2) the legal aid administrative authority may decide to pay the costs associated with the provision of legal aid, in the Act on administrative procedures the prescribed period after one year has passed since the provision of legal aid.
(3) the legal aid administration unveils the person of the decision taken.
(4) legal aid expenditure to be charged to the national budget.
Transitional provisions 1 to article 3 of this law referred to in the second subparagraph of rule making, but not longer than until 1 august 2005 in the person's specific situation, property condition and income level applicable in the Cabinet of Ministers of 25 February 2003 No. 97 ", the provisions of the order in which family or single person to be recognized as living poor" and the Cabinet of Ministers of 4 November 2002, Regulation No 502 "procedures for assessing disadvantaged person and material condition".
2. The legal aid administration up until 30 December 2005. To the legal aid administration for creating the functions carried out by the Ministry of justice the responsible Department.
3. Article 3 of this law, the first subparagraph of paragraph 7 in relation to asylum seekers shall enter into force on 1 January 2007.
4. Chapter V of this law shall enter into force on 1 January 2006.
5. Chapter VI of this law enter into force simultaneously with the criminal law.
Informative reference to European Union directives, the law includes provisions deriving from Council of 27 January 2003 Directive 2002/8/EC to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes.
The law shall enter into force on 1 June 2005.
The Saeima adopted the law on 17 March 2005.
 
The President of the Parliament instead of the President i. Otter Riga 2005 April 1 editorial comment: the law shall enter into force on the 1 June 2005.

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