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Corruption Prevention And Combating Bureau Act

Original Language Title: Korupcijas novēršanas un apkarošanas biroja likums

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The Saeima has adopted and the President promulgated the following laws: the corruption prevention and combating Bureau law chapter I General provisions article 1. The concept of corruption and the purpose of the law (1) for the purposes of this law, corruption is bribery or any other government officials that focused on using service status, his powers or exceed those for undeserved benefits for themselves or other persons.
(2) this Act is intended to fix the corruption prevention and combating Bureau (hereinafter the Office) legal status and activities, to complex solutions to the prevention and combating of corruption, as well as to control the political organizations (parties) associations in the implementation of the provisions of the financing.
 
2. article. (1) the status of the Office the Office is under the supervision of the Cabinet, the existing public administration, exercising this statutory functions in preventing and combating corruption, as well as political organizations (parties) associations funding enforcement controls.
(2) the Office is checking account Treasury, his stamp with added small Latvian National coat-of-arms images and the full name of the Office.
 
 
Chapter II structure of the Office, officers and staff of 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 divisions. The Office of territorial departments do not have legal personality.
(2) the Office of the Chief, his Deputy and the Office's central apparatus chapter leaders include the Office of the Council. The Council's tasks are as follows: 1) to confirm the Office's action plan provided for in this Act for the performance of functions;
2) to confirm the Office's central apparatus structure and its rules;
3) to take a decision on the territorial division of the Office, define their territory of operation and structure and approve their statutes;
4) examine the Foreign Office and cooperation agreement projects;
5) decide any Chief of the Office's competence if it before the Office of the Council has proposed the Office boss, or someone from the Office to the members of the Council.
(3) the Office of the Council shall be convened by the Chief of the Office or the Office of the members of the Council request. The Council's decisions shall be taken by all Council members.
 
4. article. The Chief of the Office (1) the Office shall be headed by a Chief of the Office. Office boss appointed for five years, and the post of the Parliament at the recommendation of the Cabinet.
(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) acquired higher legal education and has the appropriate experience;
4) has reached the statutory age of retirement age limit set for their receipt;
5) is not penalized for intentional criminal offence (regardless of the removal or deletion of the conviction) or are rehabilitated;
6) meets the requirements set out in law to get permission for special access to State secrets;
7) is not or not played by law or a court order banned members of the organization.
(3) the Office of the Chief: 1) directs the work of the Office;
2) is responsible for the performance of functions provided for the Office;
3) shall convene and chair the Council meeting of the Bureau;
4) is the Office of Treasurer and financial means be responsible;
5) according to the funding approved by the Office of the central apparatus and territorial staff list (staff list) and according to the laws and setting their remuneration;
6) determines the Office's central apparatus officers and employees, as well as the territorial division manager responsibilities, rights and duties;
7) appearance of the natural and legal persons with complaints about officers and employees of the Office;
8) rewards for officers and staff of the Office, as well as impose disciplinary sanctions against them;
9) within the limits of its competence the switch cooperation agreements with relevant foreign authorities;
10) approved the activities of the Office of governing internal regulations;
11) take the necessary administrative, technical and organisational measures to ensure the confidentiality of information, prevent unauthorized access to information, the unauthorized modification, distribution or destruction;
12) establishes the Office of the information received, the registration, processing, storage and disposal procedures;
13) without express authorisation by the Representative Office, to give direct orders to the central apparatus of the Bureau's officers and employees, as well as the territorial division managers;
14) not less frequently than every six months in the Cabinet and the Parliament a report on the activities of the Office;
15) draw up and submit to the Minister in the Cabinet of the national Office budget request;
16) decide the issue of proceedings and decision-making competence.
(4) the Chief of the Office in the absence of his duties in the Office of the Deputy Chief.
 
5. article. Officials of the Office, their appointment and dismissal from Office (1) the officials of the Office, which provides the functions of the Office and are the responsibility of the Office of the Chief, his Deputy, the central apparatus and territorial chapter chapter leaders, perpetrators and cognition.
(2) the Bureau officers in legal relations applicable to employment relationships of regulatory provisions in laws, in so far as this law provides otherwise.
(3) officials of the Bureau may not be the person who does not meet the statutory requirements to receive special permission for access to State secrets.
(4) the Office of the central apparatus of the officials and managers of territorial division shall be appointed and relieved of the post of Chief of the Bureau.
(5) the territorial division of the Office of the territorial Department of amatpersonaspēcattiecīg on the recommendation of the appointed and released from the post of Chief of the Office.
(6) the Office officials removed by the following cases: 1) at the same election;
2 the person is elected or) appointed to another post;
3) person is engaged in political organizations (parties) or political organizations (parties) associations;
4) person fails to fulfil the obligations for health reasons;
5) due to the effect of the judgment of conviction;
6) about the sloppy performance of their duties or for the shameful act which is incompatible with the status of officials;
7) for non-compliance.
(7) in order to assess the sixth part of this article 3, 4, 6 and 7 for the reasons referred to in paragraph 1 the Office of the Chief of the Office, the release of the Cabinet in the order established by the Commission, headed by the Attorney General or his particular authorized prosecutor.
(8) if the Office of the official of the security feature is suitable for being detained or prosecuted, it suspended the Chief of the Office (Office of the Chief of the Attorney General) from Office, suspend the salary cost for future time from the date of suspension.
(9) if such prohibited officials of the Office of the Court recognised as guilty of the crime, pay the cost of removal time and officials shall be deemed exempt from the suspension date. In the case of officials condoning Office emoluments paid to about the time of suspension, unless the release is not different in this legal basis.
 
6. article. Office staff, their recruitment and dismissal (1) Office of the labour relations applicable to the employment relationship of regulatory provisions in laws, in so far as this law provides otherwise.
(2) The Office may not be the person who does not meet the statutory requirements to receive special permission for access to State secrets.
(3) the central apparatus of the Office's employees shall be recruited and the dismissal of the Chief of the Bureau.
(4) the Office of the territorial Department for the employees at the recommendation of the head of the territorial division is recruiting and dismissal of the Chief of the Bureau.
 
 
Chapter III the competence of the Office article 7. The functions of the Office for the prevention of corruption (1) prevention of corruption Bureau performs the following functions: 1) develop corruption prevention and combating strategy and national programme, approved by the Cabinet of Ministers;
2) coordinated by the national bodies referred to in the programme of cooperation, to ensure the implementation of the programme;
3) controlled by the law "on prevention of conflict of interest in the activities of public officials", as well as other laws and Government officials set the additional restrictions;
4) prepare and coordinate foreign and international institutions financial assistance projects;
5) within its competency check complaints and submissions, as well as the President, the Parliament, the Cabinet and the Attorney General's proposed inspections;
6) collects and analyzes information on the inspections carried out by public officials of self-declaration, irregularities found in their submission and on statutory limit;
7) analyzes the practices of the national authorities in preventing corruption and exposed corruption, submitted to the respective Ministry and the civil administration proposals for correcting the deficiencies found;
8 develop methodology) to prevent and combat corruption in State and local government institutions and the private sector;
9) collects and analyzes the experience of other countries in preventing and combating corruption;
10) analyzes the laws and regulatory acts, as well as propose amended, submit proposals for new legislation drafting;

11) public opinion research and analysis;
12) educates the public law and ethics;
13) shall inform the public on corruption trends and cases of corruption detected, as well as of the measures taken to prevent and combat corruption;
14) develop and implement a public relations strategy.
(2) after the crime and corruption prevention Council request to provide information and proposals on anti-corruption issues.
 
8. article. The functions of the Office for combating corruption (1) Office for combating corruption in performing the following functions: 1) in the cases specified in the law, State officials called to administrative responsibility and apply penalties for administrative offences in the area of prevention of corruption;
2) cognitive and operational activities, to expose the criminal law criminal offences provided for in the public service, if the institutions they are associated with corruption.
(2) the statutory provisions other operational entities are obliged to provide, at the request of the Bureau, the functions of the Office required for the implementation of operational measures in particular.
 
9. article. The functions of the Office of political organizations (parties) associations in the implementation of the provisions of the Finance Control Office, controlling political organizations (parties) associations in the implementation of the provisions of the financing, performs the following functions: 1) controls the political organizations (parties) Act;
2 in the cases specified by the law) called the perpetrators to administrative liability and penalties applicable;
3) cognitive and operational activity to detect criminal offences under the criminal code if they are linked with political organizations (parties) associations funding rules and if they are not in accordance with the law the national security authorities;
4) within its competency check complaints and submissions, as well as the President, the Parliament, the Cabinet and the Attorney General's proposed inspections;
5) collects and analyzes information on the political organizations (parties) associations submitted statements of financial transactions found irregularities in their submission and on statutory limit;
6) analyzes the laws and regulatory acts, as well as propose amended, submit proposals for new legislation drafting;
7) public opinion research and analysis;
8) educates the public political organizations (parties) associations in the field of finance;
9) inform the public of the public political organizations (parties) associations for infringement of the provisions of the financing, as well as on the measures taken to prevent it.
 
10. article. Officials of the Office of rights (1) the Office of the Executive under its competence has the right to: 1) make inquiries of the Latvian criminal procedure code specified in the order;
2) to take the statutory operational activity to detect and prevent criminal offences of corruption and political organizations (parties) associations in the field of finance;
3) to draw up protocols on administrative irregularities, review of administrative offences and impose administrative penalties for offences that, in accordance with the Latvian Code of administrative offences to the Office have jurisdiction;
4) to request and receive, free of charge from the Government and local authorities, enterprises (companies), organizations, officials and other persons in the information, documents and other materials, regardless of their mode of secrecy;
5), through the Attorney General to request and receive, free of charge from credit institutions the information necessary for criminal proceedings;
6) free to get acquainted with the registered databases existing all kinds of information, which is set by law, regardless of its affiliation;
7) get, receive, record, process, summarize, analyze and keep Office functions require information which shall lay down the procedure for the use of the Office of the Commissioner;
8) If a person is found in possession of signs of unlawful acts, to make the person a warning about inadmissibility of violation of the law;
9) displays the service card, free to visit the State administration and local authorities, as well as in the territory of Latvia legal and natural persons own or using them in existing production facilities, warehouses, commercial and other non-residential premises;
10) if necessary, fight corruption and political organizations (parties) associations financial control functions without the use of remuneration to public authorities, public undertakings (companies) and national organisations, but also in exceptional cases other persons related communications and public information. Expenditure on other people-owned communications and information of the public funds are used to pay, if the owner so requests;
11) in urgent cases with the consent of the driver to use the enterprises (companies), institutions, organizations or individuals owned vehicles (except foreign diplomatic and consular missions and representations of international organisations, as well as special vehicles for the vehicle) driving to the location of the event or person conveying medical institution if they urgently need medical assistance, as well as the persecution of persons who committed criminal offences, and waiting for immediate delivery to the police;
12) store and carry service or personal weapons and special features, use the weapons for self-defence and the specific features according to the law "on the police";
13) called on the Office to any person in connection with the case and the handling of material, but if this person on call without justifiable reason, does not appear to bring it forcibly;
14) require a person to stop violations of the law and other action that interferes with the officials and staff of the Office, as well as the powers to use against the perpetrator of the coercive measures envisaged;
15) performance of anti-corruption and political organizations (parties) associations financial control functions, to check the identity documents;
16) to promulgate and to pay the remuneration for the assistance in the detection of crime and criminal offences committed by persons in detention.
 
11. article. The officials and staff of the Office (1) the officers and staff of the Office is obliged conscientiously, showing individual initiative and acting in the public interest to hold office or job responsibilities, to ensure that the statutory functions of the Office are properly performed.
(2) this Act 7, 8 and 9 mentioned in article functions, the Office cooperates with other national and local authorities, public organizations and foreign institutions.
 
 
Chapter IV officials and employees of the Office of legal protection, social guarantees and liability article 12. Officials of the Office of legal protection and guarantees of the independence of the Office (1) the officer is a public representative, and legal requirements and orders made or given by it in the performance of their duties, all persons are compulsory. Officials of the Office of the Honorable resistance, harassment, her life or health, as well as conduct that it bothers to hold office, is punishable under the law.
(2) the Office of the officer responsible for the financial and physical damage suffered under the mandate of the offender at the time of detention, which do not expose or resist.
(3) Without the consent of the Attorney General Office's official national territory is not called to criminal liability, it must not be subjected to detention (also administrative detention), shaking, the forced arrival; search or view does not admit officials of the Bureau of housing or offices, personal or official vehicles. Restrictions on these criminal justice officials should not apply in cases where they are caught committing the crime for which 24 hours inform the Attorney General and the Chief of the Bureau.
 
13. article. Limitations of Office officials (1) officials of the Office, income generation and job connect Office default constraints, as well as other related restrictions and responsibilities determined by the law on the prevention of conflicts of interest in the activities of public officials ".
(2) in addition to the first paragraph of this article limits to officials of the Bureau the following additional limitations apply: 1) forbidden to participate in political organizations (parties) associations;
2) prohibited to organize strikes, demonstrations, pickets, and participate in.
 
14. article. Office emoluments of officials of the Office of the official of the remuneration shall be fixed by the Cabinet of Ministers.
 
15. article. Officials and employees of the Office social guarantees (1) officers and employees of the Office are subject to compulsory State insurance for the Cabinet.
(2) the losses suffered by the officer or employee of the Office, or his relatives ' property in relation to the officer or employee of the Office of professional conduct, recoverable in full from the State budget.

(3) the order in which the Office of the officer and employee shall be submitted to the Office of the Commissioner of the application for compensation, and the order in which the decision on the award of damages as well as damages costs order is determined by the Cabinet of Ministers.
 
16. article. Allowance for officers and staff of the Office the Office of injury, officers or employees, or a family member dies (1) If an officer or employee of the Office in the performance of their duties or employment, is injury or permanent disability or his health suffered a different injury and he cannot perform the duties of the position or job, he receives a lump sum payment set by the Cabinet of Ministers, following the position or duties of work incapacity to a degree What determines the health and capacity of the National Commission of physician expertise.
(2) an officer or employee of the Office in the event of the death of his family receives a lump sum payment of wages. If the officer or employee of the Office died, or the performance of their work duties, bury him on public funds and his family, in addition to those laid down in the laws of compensation shall receive a lump sum payment of ten year average wage.
(3) the officers and employees of the Office receives a monthly salary in the amount of benefits due to a family member or dependent.
 
Article 17. Allowance on the birth of a child to a staff member of the Office officials and the birth of a child shall receive a grant of about six months. If both the child's parents are officials or employees of the Office, the right to the allowance is one of them.
 
18. article. Benefits due to the resignation or dismissal of the officials and employees of the Office receives a monthly salary, benefits, if the Office shall terminate the employment relationship with him due to the liquidation of the Office or position, or to a reduction in the number of employees in the Office.
 
19. article. The premium for the additional duties of the Office of the officer and the employee will receive the bonus at the salary of the absent official or employee of the Office or employment duties and vacant Office officials or his position or job duties in addition to the direct post or job obligations set by the Cabinet of Ministers.
 
20. article. The premium for a position or job duties increased intensity of work conditions and bonus on retirement of officials and staff of the Office will receive the bonus at the salary for the position or job duties increased the intensity of the work conditions and the premium for retirement of the Cabinet and set the agenda.
 
21. article. Training and training expenses (1) the Chief of the Office allows Office officials and employees to raise qualification of not less than 45 days in a period of three years, saving them a salary and expenses to be borne by the training if the training takes place in Latvia.
(2) the officers and employees of the Office further procedures abroad and related expenses arrangements determined by the Cabinet of Ministers.
(3) the officers and employees of the Office, which, without losing the position or job duties, successfully taught education institution to get a position or job duties required knowledge, Office to the half of the school year.
(4) the Office of the officer or employee who shall be released from Office or dismissal in the Office after the elections and who will cover the school fees had been in Office less than five years, the Cabinet of Ministers in the order released their school year, part of the charge, which covered the body.
 
22. article. Annual leave (1) officers and employees of the Office in each calendar year in accordance with the vacation schedule shall be granted annual leave.
(2) the duration of annual leave office officer has five calendar weeks, but the Office staff — four calendar weeks. Full annual leave for the first year of Office granted Executive and employee who worked in the Office continuously for at least six months.
(3) the officers and employees of the Office, left, receives the annual leave vacation allowance monthly salary.
(4) the officers and employees of the Office granted additional leave Cabinet in the cases, and in order.
 
23. article. Study leave (1) Office for Executive and employee who, without losing the position or job duties, successfully taught education institution to get a position or job duties required knowledge, national examination for sorting or diploma granted study leave to defend up to 20 working days, saving the monthly salary.
(2) if the Office of Executive and employee needs it and working conditions permit, he may be granted paid study leave of up to 10 working days of the semester.
 
24. article. Leave without pay retention If the Office Executive and employee needs and working conditions permit, he shall be granted leave without pay.
 
25. article. Officials and employees of the Office the responsibility for disclosure of information (1) the officers and employees of the Office are prohibited from publicly or otherwise disclose the limited availability of information to which they become aware in the performance of their duties or employment, except in the specific legislation. This information non-disclosure obligation remains even after termination.
(2) the officers and staff of the Office the legal order is responsible for the first paragraph of this article and disclosure of information about the damage that it caused to third parties.
 
 
Transitional provisions 1. Law shall enter into force on 1 May 2002.
2. By 1 May 2002 are taken organizational measures for setting up the Office.
3. By 1 July 2002, the Office carries out the following functions: 1) corruption, article 7 of this law the functions assigned, except those provided for in the first paragraph of article 3 and paragraph 6;
2) combating corruption — cognitive and operational activities within its competence;
3) political organizations (parties) associations funding enforcement control.
4. By 1 august 2002, the Office shall carry out the functions assigned to it by this law.
5. the institutions responsible for part of the corruption prevention and combating functions, as well as political organizations (parties) associations funding enforcement control functions to this law into force, continues to carry out these functions until such time as they take over the Office.
6. The Cabinet of Ministers issued three months referred to in this law, the provisions of the Cabinet of Ministers.
The law adopted in 2002 the Saeima on 18 April.
 
State v. President Vaira Vīķe-Freiberga in Riga 2002 April 30 Editorial Note: the law shall enter into force on 1 May 2002.