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Amendments To The Law "on Prevention Of Conflict Of Interest In The Activities Of Public Officials"

Original Language Title: Grozījumi likumā "Par interešu konflikta novēršanu valsts amatpersonu darbībā"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on prevention of conflict of interest in the activities of public officials" to make the law "on prevention of conflict of interest in the activities of public officials" (Latvian Saeima and the Cabinet of Ministers rapporteur, 2002, no. 11, no. 12; 2003; 2006, 2., no. 20; 2007, nr. 14; 2008, 24 no; 2009, 10, 24 no; Latvian journal, 2010, 94, no. 162; 2011, no. 76; 2012, 104 no; 2013, no 6; 2014, 32, nr. 38) the amendments are as follows: 1. Article 1: to replace in paragraph 1, the words "national or local authorities" with the words "public persons"; to make 8 and 9 point as follows: "8) public people authority: (a) the public authority of the person) (body), (b) the person's) public corporation, c) where public corporation, part of the share capital of persons individually or in the aggregate exceeds 50 percent or where the public has other critical impacts according to the law, the Group d) a corporation in which one or more of the public person public person part of the share capital of the Corporation, individually or in the aggregate exceeds 50 percent, or one in which a public person or more of public persons have other crucial impact according to the The law group; 9) public people institutions leader: a person of authority) public (State Secretary in the Ministry). The Parliament, the Saeima, or Parliament, Chairman of the Bureau with respect to members of the Parliament is not the head of the institution, a top official, authority or institution, b) collegiate public people in the Board of the Corporation, (c) the Board of a capital company), in which a public person part of the share capital exceeds 50, individually or in aggregate or in which the public interest is other decisive impact according to the law, the Group d) Executive Board of a capital company in which one or more of the public person public person part of the share capital of the Corporation, individually or in the aggregate exceeds 50 percent or where one person or more public public people have other crucial impact according to the group. " 2. in article 4: replace the first part of paragraph 16, the words "national or local authorities" with the words "public persons"; make the first part of paragraph 18 of the following wording: "18) the Corporation Council, representing public interests in a corporation, the person or the Board of the Corporation in which a public person part of the share capital exceeds 50, individually or in aggregate or in which the public interest is other decisive impact according to the law of the group;" replace the first part of paragraph 19, the words "national or local authorities" with the words "public persons"; make the first part of paragraph 19.1 the following: "191) the Corporation's Board, in which one or more of the public person public person part of the share capital of the Corporation, individually or in the aggregate exceeds 50 percent, or one in which a public person or more of public persons have other crucial impact according to the law, and the concern that such a Corporation Council, representing public entities a corporation's interests;" replace the first part of paragraph 20, the words "national or local authorities" with the words "public persons"; replace the second paragraph, the words "national or local authorities" with the words "public persons"; replace the third paragraph, the words "national and local authorities" with the words "public persons"; to make the fourth subparagraph by the following: "(4) A member of the Board of the Corporation, in which one or more of the public person public person part of the share capital of the Corporation, individually or in the aggregate exceeds 50 percent, or one in which a public person or more of public persons have other crucial impact according to the law, and the concern that such a Corporation Council, representing public interests in a corporation, the person is not considered to be public officials If the Corporation is registered in a foreign country. The prevention of conflicts of interest that the Corporation or of the Board of Governors in action and legislation in accordance with the procedure laid down in the statutes, and to the extent the person provides public corporation that owned the corporation registered in foreign capital. " 3. in article 6: make the second paragraph, the first sentence as follows: "If the law is not laid down stricter limits, public officials, pursuant to article 7 of this law in the second, third, fourth, fifth, sixth, seventh, eighth and thirteenth, prescribed in the special position of the coupling constraints are allowed to connect the national officers posts not more than with the other two paid or otherwise compensated to the State officials positions or positions in other public institutions of the person."; to supplement the article with the third part as follows: "(3) a public officer is allowed to connect to your Government officials position with other posts in public institutions, persons, in which it performs public officials Office if this post linking does not create a conflict of interest, and if this law or another normative act for State officials post connecting." 4. in article 7: expressions of the introductory part of the fifth subparagraph by the following: "(5) local government councils, town councils of the Republic President, Deputy Executive Director of the local government and their deputies, public authorities, individuals and Deputy managers, national head of Office of the President and his Deputy, the Director of the Office of the Parliament and his Deputy, County or city managers, county administrations, municipalities are allowed to connect State officials post only with:"; replace the fifth subparagraph 3.1, 3.2, and in paragraph 4, the words "the State or municipality" (fold) with the words "public person" (fold); to supplement the article with 5.2 and 5.3 part as follows: "(52) public people Council member of the Corporation and the Corporation of the Council Member who represents the interests of the public person, a corporation is allowed to connect the public officers posts just with: 1) post which he occupies in accordance with the law, the Cabinet of Ministers regulations and orders; 2 posts in trade unions, associations) or Foundation, political party, political party or religious organization if the fourteenth of this article, unless otherwise defined in this part; 3) educators, scientists, doctors, professional athletes and creative work; 4) other post if connect it does not create a conflict of interest and has received its public shareholders of the person's written authorization of the representative that the person nominated for the election of the members of the Council. (53) the public corporation of the person of the Executive Board, as well as a member of the Board of a corporation in which a public person part separately or as a whole share capital exceeds 50 percent or where the public has other critical impacts according to the law, the group is permitted to connect the public officers posts just with: 1) post which he occupies in accordance with the law, the Cabinet of Ministers regulations and orders; 2 posts in trade unions, associations) or Foundation, political party, political party or religious organization if the fourteenth of this article, unless otherwise defined in this part; 3) educators, scientists, doctors, professional athletes and creative work; 4 other posts) a corporation in which it occupies the post of Member of the Executive Board, if it does not connect the conflict of interest and the governing body of the Corporation's written permission, which the person concerned is elected; 5) other posts in public institutions, where the person connecting them does not create a conflict of interest and the governing body of the Corporation's written permission, which the person concerned is elected post. "; replace the sixth part 3 and in paragraph 4, the words "national or local authorities" with the words "public persons". 5. Replace the fourth subparagraph of article 9, the introductory part, the words "national or local authorities" with the words "public persons". 6. in article 10: make the first part and 1.1 the following: "(1) State President, members of the Parliament, the Prime Minister, Deputy Prime Minister, Ministers and Ministers of special tasks may not be members of the company, shareholders, members or the sole proprietors, which receives public procurement, partnership, public procurement service provider procurement or concession, State funds or State-guaranteed loans. Parliamentary Secretaries, Secretaries of State and their deputies, the President of the Bank of Latvia and his Deputy, the members of the Council of the Bank of Latvia, the State controller, the State Control Board, the State control Department of the audit sector leaders, the constitutional protection Office Director and his Deputy, corruption prevention and combating Bureau Chief and his Deputy, the Director-General of the State revenue service and administrations, National Director of electronic media, the members of the Council of the public service Commission the members of the Council Financial and capital market Commission Council members must be members of the company, shareholders, members or the sole proprietors, which receives public procurement, partnership, public procurement service provider procurement or concession, State funds or State-guaranteed loans, except when provided by open tender. (11) in the first paragraph of this article does not state that directors and their alternates shall not be members of the company, shareholders, members or the sole proprietors from the relevant national authorities receive the public procurement, the procurement of the partnership, a public service concession or procurement of funds, except when they give public tender. "; Add to article 1.2 of the part as follows: "(12) the first and the ban referred to in part 1.1 applies to public officials concerned relatives, if government officials are pursuing over the subordination of the institutions shall adopt the decision in question, or if the public procurement, the procurement of the partnership, a public service concession or procurement, financial resources are received from the institutions that employed public officials, except when they give public tender."; to make the second and the third part as follows: "(2) the relevant government officials and their relatives to follow first, 1.1. and 1.2 parts rules also two years after these officials ceased to exercise the relevant government officials in Office. (3) public people Council of the Corporation or of the Board and a Board member of the capital company in which one or more of the public person public person part of the share capital of the Corporation, individually or in the aggregate exceeds 50 percent, or one in which a public person or more of public persons have other crucial impact according to the law, as well as the concern that such a Corporation Council, representing public interests in a corporation, the person must not be a member of a company shareholder, Member or the individual merchant who receives the relevant corporations public procurement, partnership, public service procurement, concession or financial means, except when they give public tender. "; replace the fourth paragraph, the words "and 4.1 orders about purchase its needs" with the words "public procurement, partnership, public procurement service provider procurement or concession"; express the sixth part as follows: "(6) in the first, 1.1, 1.2, the third and fourth exceptions described in part is not permitted if State officials led by public people, which the authorities announced open tender if this officer is designated by the post from the procurement Commission or concession procedures to members of the Commission, or the direct or indirect authority of this law, article 4, first paragraph 24. persons referred to in paragraph 1. '; Add to article 6.1 of the part as follows: "(61) in the first part and 1.2 exception does not apply to the national electronic media Council members and their relatives, if the first part or 1.2 order out or financial resources (the national budget allocation to public order and the other financial instruments) granted public electronic medium or electronic medium, which implements the public order."; to make the seventh subparagraph by the following: "(7) the National Executive two years after it adopted the decision or participated in the adoption of the decision on public procurement, partnership, public procurement service provider procurement or concession for public personal financial funds or taken monitoring, control or punishment prohibited, as are the functions to get the merchant property as well as to become a member of the company, shareholders, members or hold positions in the companies for which this public official in the performance of their duties, acted or participated in the adoption of the decision on public procurement, partnership, public procurement service provider procurement or concession on public financial resources of the person or conducted surveillance, control or punishment. " 7. Express article 11 the fourth paragraph as follows: "(4) in the third paragraph of this article, the specified administrative issuance limit does not apply to those public officials public officials before taking a post with the former company Executive of monitoring bodies or control authorities, in which members of the public share in the share capital of persons individually or in the aggregate exceeds 50 percent or where the public has other critical impacts according to the group." 8. Replace article 13 of the third subparagraph of paragraph 4, the second paragraph of article 13.1 3 and in paragraph 4, the third, fourth and fifth paragraphs, as well as article 14, in the third paragraph, the words "national or local authorities" with the words "public persons". 9. in article 15: replace the introductory part of the first paragraph and in paragraph 1, the words "national or local authorities" with the words "public persons"; make the second paragraph as follows: "(2) a public officer shall not be a public person's shares of the holder represented, except when so required for the public people's capital shares and enterprises management law." 10. Replace article 16, second paragraph, the words "national or local authorities" with the words "public persons". 11. Article 18: replace the title, the words "State or local governments" with the words "public authorities" of the person; replace the first and second paragraph, the words "national or local authorities" with the words "public authorities" of the person. 12. Replace the title of chapter III and article 20, the words "national or local authorities" with the words "Public persons". 13. Express article 21, first paragraph, point 2 as follows: "2) for commercial companies, of which, shareholders, members, monitoring, control, or a member of the executive body is the Government officials or relatives, or that the same government official or a relative is a sole proprietor, which receives public people concerned bodies public procurement, partnership, public service concessions, public procurement or the financial resources of the person or a State or local government guaranteed loans except when provided by open competition. " 14. Replace article 26, first paragraph, the words "and 5.1 national or local authorities" with the words "public persons". 15. Replace article 1 of part three and in paragraph 2 and the fourth paragraph, the words "national or local authorities" with the words "public persons". 16. transitional provisions: transitional provisions be supplemented with 23 and 24 by the following: "23. Article 7 of the Act referred to in section 5.3 persons, which at the entry into force of the amendment of article 7 of the supplement with a 5.3 share, occupying other posts in the Corporation, you can also continue to post if no later than 2015 April 1 implementation of article 7 of this law 5.3 part 4 requirements, paragraph. 24. Amendment of article 10 of this law, which provides for restrictions on the business of the national electronic media Council members and their relatives, not apply to cases in which the first part referred to in 6.1 or public procurement, partnership, public procurement service provider procurement, concession or the financial means of the public electronic media or electronic media, which implements the public order, received up to 2015 April 1. " The law shall enter into force on January 1, 2015. The Parliament adopted the law in 2014 October 30. The President a. Smith in Riga 2014 on November 15.