Advanced Search

Amendments To The Corruption Prevention And Combating Bureau Act

Original Language Title: Grozījumi Korupcijas novēršanas un apkarošanas biroja likumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Saeima has adopted and the President promulgated the following laws: the amendments to the corruption prevention and combating Bureau law make corruption prevention and combating Bureau Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2002, nr. 10; 2003, 8th., 14., 2005, no; 2. no) the following amendments: 1. Express article 3 by the following: ' article 3. The structure of the Office and the Office of the Council (1) the composition of the Bureau comprises the central apparatus and territorial departments; These chapters do not have legal personality. Office structure determines the Office's rules of procedure.
(2) the Office of the Chief, his Deputy and the Office's central apparatus chapter leaders include the Office of the Council. The operation of the Office of the Council is advisory in nature. The tasks of the Office of the Council is as follows: 1) examine the priorities for action in the Office;
2) examine the draft budget of the Office;
3) to examine the Foreign Office and cooperation agreement projects;
4) examine the other functions of the Office issues, if it is proposed by the Office of the Chief or any of the Bureau to the members of the Council.
(3) the Office of the Council shall be convened by the Chief of the Bureau or Office on the proposal of the members of the Council. The Council recommendations adopted by all Council members. "
2. in article 4: make the second paragraph as follows: "(2) to the Office of the Chief of the Office of the Cabinet of Ministers may invite open tender. The post of the Chief of the Office of the applicant may nominate the person who will meet the following minimum requirements: 1) is a citizen of Latvia;
2) manages the Latvian language and at least two foreign languages;
3) obtained higher education and accumulated a position appropriate work experience;
4) is not reached the statutory retirement age;
5) is convicted of an offence (whether removing or deleting criminal record);
6) is convicted of a criminal offence, freeing from punishment;
7) is called a criminally liable, unless the person is called a criminally, but the criminal proceedings against them terminated on reabilitējoš basis;
8) is not and has not been in the Ministry of defence of the USSR, Latvian SSR or USSR State Security Committee or of countries which are not members of the European Union or the North Atlantic Treaty Organization member States, State security, intelligence or counterintelligence services of the State or non-employee, agent, or conspiratorial apartment resident holder;
9) is not and has not been with the law or a court order banned members of the Organization;
10) meets the requirements set out in law to get special permission for access to State secrets. "
to make the third part of point 2 as follows: "2) approved the Office's action plan in this statutory functions and is responsible for the performance of functions provided for the Office;".
3. in article 5: to make the third paragraph as follows: "(3) an officer of the Bureau can be a person who meets the following minimum requirements: 1) is a citizen of Latvia;
2) manages the Latvian language and at least one foreign language;
3) obtained higher education and accumulated a position appropriate work experience;
4) is not reached the statutory retirement age;
5) is convicted of an offence (whether removing or deleting criminal record);
6) is convicted of a criminal offence, freeing from punishment;
7) is called a criminally liable, unless the person is called a criminally, but the criminal proceedings against them terminated on reabilitējoš basis;
8) is not and has not been in the Ministry of defence of the USSR, Latvian SSR or USSR State Security Committee or of countries which are not members of the European Union or the North Atlantic Treaty Organization member States, State security, intelligence or counterintelligence services of the State or non-employee, agent, or conspiratorial apartment resident holder;
9) is not and has not been with the law or a court order banned members of the Organization;
10) meets the requirements set out in law to get special permission for access to State secrets. "
express the sixth part as follows: "(6) the Office officials removed by the following cases: 1) at the same election;
2) fail the test;
3) due to the expiry of the contract of employment;
4 person is elected or) appointed to another post;
5) person is engaged in political organizations (parties) or political organizations (parties) associations;
6) reaches the statutory retirement age, except for the Office concerned officials leaving Office substantiated decision is adopted;
7) due to the Office or post Office of liquidation or reducing the number of officials;
8) due to the fact that the person has not complied with the permanent unfitness for Office more than four months in a row;
9) due to the effect of the judgment of conviction;
10) applying the release as a disciplinary measure;
11) due to the conscription for compulsory military service;
12) for non-compliance position for the post;
13) in connection with the death. "
replace the seventh part numbers and the words "3, 4, 6 and 7 point" with numbers and the words "5, 8 and 12.
4. in article 6: make the second paragraph as follows: "(2) on the staff of the Office may be a person who meets the following minimum requirements: 1) is a citizen of Latvia;
2) manages the Latvian language;
3) attained at least upper secondary education and post the appropriate accumulated work experience;
4) is not reached the statutory retirement age;
5) is convicted of an offence (whether removing or deleting criminal record);
6) is convicted of a criminal offence, freeing from punishment;
7) is called a criminally liable, unless the person is called a criminally, but the criminal proceedings against them terminated on reabilitējoš basis;
8) is not and has not been in the Ministry of defence of the USSR, Latvian SSR or USSR State Security Committee or of countries which are not members of the European Union or the North Atlantic Treaty Organization member States, State security, intelligence or counterintelligence services of the State or non-employee, agent, or conspiratorial apartment resident holder;
9) is not and has not been with the law or a court order banned members of the Organization;
10) meets the requirements set out in law to get special permission for access to State secrets. "
to supplement the article with a fifth by the following: "(5) from the post Office's employees released in the following cases: 1) at the same election;
2) fail the test;
3) due to the expiry of the contract of employment;
4 person is elected or) appointed to another post;
5) person is engaged in political organizations (parties) or political organizations (parties) associations;
6) reaches the statutory retirement age, except for the staff of the Office of the abandonment is the Office of the Chief's order is based;
7) due to the Office or post of the liquidation or the reduction of the number of staff to the Office;
8) due to the fact that the person has not complied with the permanent unfitness for Office more than four months in a row;
9) due to the effect of the judgment of conviction;
10) applying the release as a disciplinary measure;
11) due to the conscription for compulsory military service;
12) for non-compliance position for the post;
13) in connection with the death. "
5. To supplement the law with article 6.1 as follows: "article 6.1. Officers and staff of the Office's activities and outcomes assessment (1) officers and staff of the Office and its results not less frequently than once every two years to assess the Office's Chief created a Commission for evaluation.
(2) the officers and staff of the Office's activities and outcomes evaluation, as well as the establishment of the order of evaluation is determined by the Chief of the Bureau.
(3) the officers and staff of the Office's activities and outcomes assessment can be used as a basis for the decision on the officers and staff of the Office of non-conformity with the position occupied, on redeployment, as well as on the basis of the base salary. "
6. in article 10: paragraph 12 be expressed as follows: "12") to store and carry service or personal firearms; use guns, as well as to use physical force and special means according to the law "on police"; ";
Add to article 18 as follows: "18) regulations prescribed and convoy detained persons are kept in a suspect accused of a criminal offence or offence.";
to supplement the article with the second part as follows: "(2) the Office property (possession) the existing firearms and special means of storing and carrying the agenda is determined by the Chief of the Office.";
believe the current text of article about the first part.
7. To supplement the law with the 10.1 article as follows: "article 10.1. The Administrative Office and the opposition (1) Office, the statutory functions of the administrative process of regulatory laws in the order issued by administrative provisions, including cash payments directed to administrative provisions.
(2) the officials of the Office of administrative officers and staff of the Office or the actual action may be challenged, but the Chief of the Office of the Chief's Office issued the administrative act and actual action, appeal to the Court if the law does not provide otherwise.
(3) the Office of administrative law issued by the enforcement court bailiffs Act of civil and administrative procedure law. "

8. Supplement article 11 the first paragraph after the word "execution" by the words "to answer for their actions to the laws in the order and to comply with the Office's code of ethics and professional conduct laid down the basic principles of conduct".
9. Supplement article 12 first paragraph with the sentence as follows: "the term of Office of officials to issue an attestation service card and special coins."
10. To supplement the law with article 9.4 as follows: "article 15.1. Officials of the Office of retirement pensions retirement pension Bureau officials are granted in accordance with the laws and regulations that govern the retirement pensions of officials of the Office, the cost of the calculation and procedure. "
11. Add to article 16 of the fourth subparagraph by the following: "(4) as a member of the family within the meaning of this law shall be considered a spouse, children, parents, grandparents, adoptive parent and adopted child."
12. Express article 25 the following: "article 25. Officials and employees of the Office of disciplinary actions (1) on the abuse of the service, the service's misuse of power, State secrets, or limited availability of information disclosure, employment contracts and agendas, the specific functions of default or neglect these responsibilities, the Office of property damage or loss, as well as the Office's code of ethics and professional conduct laid down the basic principles of behavior, shameful act which is incompatible with the status of official or employee and other non-compliance with the laws and regulations of the job duties of officers and employees of the Office liable to disciplinary action.
(2) the officers and employees of the Office of disciplinary can be subject to such disciplinary action: 1) Note;
2) reprimand;
3) monthly salary reductions for a period of up to one year, to 20 percent withholding of the salary;
4) demotion for a period up to three years;
5) resignation.
(3) the Chief of the Office not later than one month from the date of the opening of a disciplinary proposes disciplinary proceedings. The disciplinary procedure is proposed, but the proposed disciplinary proceedings terminated, if the date of a disciplinary one year.
(4) the initiating disciplinary proceedings, disciplinary proceedings, and shall lay down the procedure for the application of the Office of the Commissioner.
(5) Office of the Chief disciplinary measure imposed within 10 days of the service date of completion of the test. The application of disciplinary decisions may be appealed against in court within one month of the date of entry into force of the decision.
(6) officers and staff of the Office of the prosecution to disciplinary action may not be exempt from civil, administrative and criminal responsibility. "
13. transitional provisions be supplemented by 7 and 8 points by the following: "7. This law, article 5 of the third subparagraph of paragraph 3 referred to the requirement for higher education to Bureau officials who appointed to these rules into force, applicable from 1 January 2009. Officials of the Office, which until this law into force is not undertaken studies in the higher education institution, 2005 October 1 started studies in the higher education institution and shall be submitted to the Office of superior higher education institutions for the study of the issue. Bureau officials who study higher education institution each year, before 15 October shall be submitted to the Office of superior higher education authority for continuation of study. Officials of the Office, which at this point is not within the time limit set in the Studio launched a higher education institution or the Studio does not continue, released from the post office due to non-compliance with job position. If the Bureau official in that provision to the date of entry into force of the statutory retirement age in the remaining four years or less, it is allowed to take office, officials post even without higher education.
8. Article 15.1 of this law enter into force simultaneously with the corruption prevention and combating Bureau officers retirement pension law. "
The law adopted in 2005 the Saeima on 27 January.
State v. President Vaira Vīķe-Freiberga in Riga in 2005 15 February Editorial Note: the law shall enter into force on March 1, 2005.