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Amendments To The Law "on Public Organizations And Their Associations"

Original Language Title: Grozījumi likumā "Par sabiedriskajām organizācijām un to apvienībām"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on public organizations and their associations" do the law "on public organizations and their associations" (the Republic of Latvia Supreme Council and Government Informant, 1993, 1/2, 16/17, 20/21, no. 34; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1995, nr. 10; 1997, no. 23; in 1998, no. 2) the following amendments: 1. Express article 1 by the following: "article 1. The concept of "civic organizations To mutually coordinated action and the achievement of the objectives laid down in the statutes, more natural or legal persons on a voluntary basis and goals of togetherness, in accordance with the procedure laid down in this law, the establishment of a common control authority, initiate a public organization.
The purpose of public organisations should not be profit-oriented, as well as the economic purpose and nature.
Governments, and municipalities can join public bodies only in the cases provided for in the Act and the Cabinet of Ministers. Local government bodies can join public organisations of the order laid down by the relevant authorities. "
2. Express article 2 by the following: ' article 2. Social organizations the concept of mutual associations To coordinate activities and to achieve the objectives laid down in the statutes, a number of public bodies on a voluntary and community based, the objectives of this law by creating a joint management body may establish public organisations. "
3. in article 5: to complement the first paragraph with the following text: "whose place of residence is in Latvia registered";
Add to the second part of the second sentence as follows: "at least half the members of the institutions of the place of residence must be registered in Latvia."
4. To make article 6 by the following: "article 6. Public organization members of public organizations: 1) members are persons who founded social organizations;
2) persons who joined the organisation after its founding in public.
Members of the public can be 16 years of age reached a person. Persons who are under 16 years old, you can join the community group, by submitting a written parental or guardian permission.
If public organizations established or on its members becomes a legal person, its in the order laid down in the statutes, legal persons or other documents governing their activities, empowering its representatives — natural persons — participate in relevant public bodies general meeting of Treaty, Congress or Conference and, in the case of election management, as well as the economic and financial activities of the audit authority.
Any public organization sorts your membership register, which contains every Member's name, last name, ID number and address (legal name and address of the person). Information on the public of the place of residence of the members of the address and personal code is available only to members of the public concerned, as well as controlling and law enforcement institutions. "
5. To make article 7, the first paragraph by the following: "public organizations regardless of whether these members are settled by the relevant public body or become members at its founding, and also regardless of whether these members are natural or legal persons have the same rights, even if they set different membership fee or joining the money."
6. To supplement the law with 7.1 and 7.2 of the article as follows: "article 7.1. Who can participate in the work of the social organizations in the work of public organizations may also participate in Parties not members of the relevant public, candidates, members, honorary members, associate members, vecbiedr and other persons with a special status, the rights and duties of which shall be determined in the statutes of the public organization.
7.2 article. Members of the public organization of the civil liability of the public organization members responsible for the relevant public organizations law obligations. "
7. Express 2 and article 8, paragraph 9 by the following: "2. the name and the abbreviation), symbolism (its description or image), if any, actions and constantly functioning management bodies or the driver's location (city or County);";
"9) pašlikvidēšan and reorganization;".
8. Make the text of article 9 as follows: "public organizations and their associations the name, abbreviation and emblem must be clearly distinguished from national and local government bodies, mass media, a company (the company) and Latvia earlier registered (irrespective of the going concern) social organizations and associations of the name, abbreviation and emblem. Earlier registered public organization name, its abbreviation or allowed the use of the emblem in the cases provided for in this law, 32, 32.1 and 32.2.
Is prohibited in public organizations and their associations the names, abbreviations and emblems that: 1) coincides with the organization or group name, abbreviation or logo, which according to the Nuremberg International War Tribunal judgement recognized as criminal, or which render such organizations or group name, abbreviation or logo;
2) coincides with a foreign organization name, an abbreviation of the name or emblem, whose purpose or activity is directed against Latvia's independence, sovereignty or security, or to render such organizations name, an abbreviation of the name or emblem;
3) coincides with another country, also no longer existent, the military formations of the country name, the abbreviated name, emblem or their representative element or reproduce such formations, abbreviation of the name, emblem or their representative element;
4) creates a positive attitude towards violence or criminal acts;
5) coincides with a public body or a public organization Association name, abbreviation or logo which declared unconstitutional or suspended, or reproduce such public organisation or association name, an abbreviation of the name or emblem. "
9. Express article 10 by the following: ' article 10. Application for registration of public organizations or public organisations should be submitted by the registration of the application for registration.
The application for registration shall be submitted not later than one month from the date of public bodies or public organizations for the formation of the Association at a general meeting, Congress or Conference has taken the decision for the public bodies or associations of public organisations, approved the Statute and elected governing body, as well as the economic and financial activities of the audit authority.
To be added to the application are: 1) the statutes of the authorised person certified;
2) authorised a certified extract of the general meeting, Congress or Conference Protocol for public bodies or associations of public organizations, the adoption of the Statute, the permanent functioning of the management and the audit authority and the election of the authorisation of the person concerned to represent social organizations or associations of public organization registration process;
3) document on State duty payment;
4) Association of public organizations for the registration of each association that, in the Social Charter adopted in accordance with the procedure laid down in the decision of the Organization of the social organizations in the creation of the Association.
Abroad and established a functioning social organizations of Latvia chapter registration application shall also be accompanied by the relevant public bodies statutes and written evidence that this foreign body created in the chapter on Latvia in their departments. "
10. Article 11 shall be expressed by the following text: "public bodies, as well as social organizations, associations, except political organizations (parties) and their associations, public organizations are recorded in the registry. Political organizations (parties) associations are recorded in the registry of political parties.
If the public body or public organization Association of registers, the trustee shall be issued or delivered by post a certificate of registration. "
11. in article 12: make the first part of paragraph 1 and 2 as follows: "1) if there are natural or legal persons, public complaints or local government bodies documents for this statutory public organizations and their associations founding policy violations;
2) If, when drafting the Statute, no respect of this law and other laws ".
replace the third paragraph, the words "to one of the public bodies or public organizations authorized by the Management Association members" with the words "authorised person".
12. Article 13: make the first paragraph by the following: "public organizations and their associations shall not be registered if: 1) statutes or programs submitted documents shows that public bodies or associations of public organizations or activities are contrary to the Constitution of the Republic of Latvia, the law or international agreements binding for Latvia;

2) in breach of this statutory public organizations or associations of formation;
3) after registration suspension have been rectified defects (failure) public bodies or public body of articles of Association, names, or logos of the abbreviated name. ";
replace the third paragraph, the words "to one of the public bodies or public organizations authorized by the Management Association members" with the words "authorised person".
13. Make the text of article 14 as follows: "the decision on the suspension of the registration or refusal of registration can be appealed in court.
A complaint signed by public bodies or public organization Association of authorized person. "14. Supplement article 15, first subparagraph, after the words" legal rights "with the words" and becomes a private law entity ".
15. To supplement the law with article 9.4 as follows: "article 15.1. Public bodies and public organizations of the amended articles of Association and the amended change of address public bodies and public organizations of the articles of Association shall enter into force at the time of their adoption, but with respect to third parties, only the new version of the Statute (modified) registration in the relevant register. Amendments to the statutes may not be retroactive.
Application for amendment of registration of the statutes shall be submitted and the case law, this 10 article 14. The application and, if necessary, the complaint signed by public bodies or public organization Association of the management organ or of the person authorised by the Manager.
In addition to this law, articles 12 and 13 of the Statute set out in the amended registration may be postponed if the decision on the amendment of the statutes adopted in breach of the established procedure, but the registration is refused, if the Statute does not prevent the infringement.
As a permanent functional management body or change the location of the head of a public body or a public organization Association within 15 days notify the registry. "
16. Make the text of article 16 as follows: "public organizations and associations, in order to achieve the objectives laid down in the statutes, is the right to carry out public activity that is not in conflict with the law.
To this end, they may: 1) freely disseminate information on their activities;
2) create their own press and other media;
3) to organize rallies, demonstrations, street marches and meetings in public places;
4) liaise with other public organizations;
5) build public opinion;
6) perform other public activity.
Matters relating to the relevant public bodies or public organizations, the Association's operational goals and objectives, they can apply to the national and local government bodies and, if the statutes so provide, — the Court and defend the rights of their members, or to protect the interests of the law.
Public organizations and their associations law or Cabinet in the cases provided for in the rules can become public law bodies and to perform certain functions of the State passed to them.
If the public body or an Association of public organizations performing public functions, it has the following rights: 1) to receive from State and local government institutions the information necessary for the performance of the relevant public body or public organisations of the country passed to the function;
2) to be present and to express their views in State and local government bodies, when the meetings are considered issues related to the relevant public body or public organization Association votes the State functions.
If the public body or an Association of public organizations performing public functions, it has the following responsibilities: 1) at the national and local government bodies to deliver opinions at the request of the matters relating to the public body concerned or the public organization Association votes the State functions;
2) to examine physical and legal person submissions, complaints and suggestions in the order determined by the law "on the petition, complaint handling policy proposals and the State and municipal institutions". "
17. Add to article 17, the second subparagraph by the following text: "On military uniform costume, which considered: 1) coincides with the Latvian or other countries, also no longer existing countries, military uniforms, or formations similar to those robes;
2) coincides with the Latvian State police or municipal police uniforms, or is similar to these outfits. "
18. Article 18: express the title and first paragraph as follows: "article 18. Business and economic activities in order to achieve the objectives laid down in the statutes, public bodies and associations thereof in the form prescribed by law is entitled to obtain: 1) movable and immovable property;
2) to establish companies to buy shares in the company;
3) perform economic activities due to its maintenance and use of property, as well as other economic activities, which are not systematic and not having gainful purpose and character. "
turn off the second and third parts of the second part.
19. Make article 19, the first paragraph by the following: "public and social organizations of the Association is a non-profit organization and its operating result in earnings, as well as authorized in this Act income consumed by these public bodies or public body in the articles of Association for the intended purposes, and not to divide social organisations or public bodies, members of the Association. Excess of income over expenditure, including a reserve fund that over to the next financial year, it is not subject to income tax. "
20. Make introductions to article 20 and paragraph 1 by the following: "public organizations and their associations financial resources can create: 1) membership and accession money;".
21. To supplement the law with article 21.1 as follows: "article 21.1. Accounting rules for public organizations and their associations shall keep accounting records in accordance with applicable laws and regulations. "
22. Replace article 24, first paragraph, the words "legislative acts" with the words "the law".
23. Replace article 27 and in the title of the text, the words "public body" (fold) with the words "public organization or public organization Association" (fold).
24. To express the name of article 28 by the following: ' article 28. Decision on the voluntary social organisations or the reorganisation ".
25. replace 28, 35 and 41, the words "article in the enterprise register of the Republic of Latvia or the Ministry of Justice" with the words "relevant to the holder of the register".
26. Replace article 29, first paragraph, the words "eliminate public organizations" with the words "former public organisation" and turn off the word "salvage".
27. Replace 29., 30, 31 and 32, the words "in article enterprise register of the Republic of Latvia or the Ministry of Justice" with the words "public organization in the register or the register of political parties.
28. Turn off article 32, first paragraph, the words "under another name".
29. To exclude article 33.
30. Article 34: Supplement to the second part of paragraph 4 by the following: "Minister of Finance 4).";
supplemented with the sentence of the third paragraph as follows: "the application of public bodies or public organization Association of termination be liquidator's candidacy."
31. Article 37 be expressed as follows: "article 37. Termination in court the Court may terminate the public bodies or associations of public organizations if the public body or its territorial Department allows such offences: 1) does not comply with the Court's ruling on the suspension of the time-limit fixed by the Court does not prevent the infringement of the law in respect of which the action was suspended;
2) deliberately permits criminal offences;
3) invites the Latvian citizens or their members not to carry out the (violating) laws and other normative acts or commit criminal offences;
4) used in article 9 of this law the names, abbreviations or emblems of names;
5) in public places, in the press or other distribution company iespiedmateriālo, in other media or open meetings preaching racial, national or religious hatred, glorify, support the criminal offences or expresses a positive attitude towards them.
The Court, in adopting a decision on public bodies or public organization Association of the winding up, shall decide the following questions: 1) on the winding-up, the liquidator (liquidation Commission) appointed;
2) on public bodies or public organization Association of expropriation for the good of the country, if the law or the articles of association do not provide otherwise;
3) about what means and in what order are sorted and placed in storage at the State Archives of public organizations or associations of public organizations. "
32. Article 38 be expressed as follows: "article 38. Court order enforcement of the copy of the judgment on public bodies or public organisations to be termination of the public register in which the Organization made a mark on the opening of winding-up proceedings.

To satisfy the claims of creditors if the money is not enough, the liquidator of the public body or public organization Association of property sold at auction according to provisions of the law of civil procedure on judicial enforcement. Real Estate Auction Act approved by the Court.
From the assets of the public bodies or associations of public organizations means winding up covered first with expenditure. The assets of the public bodies or public organization Association of the members of the management organ of the claim for remuneration shall only after other creditors have been met, if enough funds.
The liquidator for the operation of the applicable rules on the operation of the company and of the administrator of the company in the event of insolvency.
After the closure of winding-up proceedings and the service of documents in the possession of the national archives, the Court shall take a decision on the public bodies or public organization Association of exclusion from the register. "
33. To turn off the second part of article 39 and believe the current third subparagraph of the second paragraph.
34. Add to article 42 of the second part as follows: "If the territorial Department of public organization has legal rights of the individual, for its economic and financial activities of the joint public organization concerned and of territorial unit."
35. Article 43 be worded as follows: "article 43. Political organizations (parties) concept and operation of the basic political organizations (parties) are organizations that establish not fewer than 200 Latvian citizens to the political objectives of Community basic make political activities, to participate in the election campaign, the candidates put forward by MEPs led the Parliament and the activities of municipalities and members through the implementation of the program, as well as its participating Governments. "
36. Replace article 44 in the numbers and the word "7. – Article 19" with numbers and words "7. – Article 15, article 16, first and second subparagraphs, article 17-19".
37. Make the text of article 45 as follows: "On political organizations (parties) members may be only 18 years of age reached the citizens of Latvia and persons who, in accordance with the law" on the status of citizens of the former USSR, which do not have Latvian citizenship of another country or "are entitled to a Latvian citizen's passport not issued and which political organization (party) members, subject to the individual terms of the Statute.
On political organizations (parties) membership candidates can be individuals who have reached 16 years of age.
Can be registered in Latvia and you can only run the political organizations (parties) that not less than half of all members are citizens of Latvia.
On political organizations (parties) members can be legal persons. "
38. Make the text of article 47 by the following: "registration application shall also be accompanied by political organizations (parties) and no less than the 200 political organizations (parties), founder of the list. In return, each list includes political organisations (parties), founder of Word, name and ID number must be lawfully sworn notary uzrādījum order for the founder of a certified signature.
Political organizations (parties), the highest decision-making body-general meeting, Congress or Conference — sasaucam at least once each calendar year.
On political organizations (parties) meeting, Congress or Conference Management Authority (before registration — the founding fathers) not later than 15 days before getting published the newspaper "Latvian journal" communication charge, citing its location (address), time (year, month, date, hours) of the draft agenda, as well as the person's name and telephone number.
Political organizations (parties) financing arrangements are governed by a special law.
If political organizations (parties) the number of members has become less than the statutory minimum number of members, the Minister of Justice shall decide on the organisation of the (party) cancellation of the registration. The decision shall be published in the newspaper "journal" of Latvia. "
39. Replace article 48, the words "Ministry of Justice" with the words "political parties the registry holder".
40. To make the text of article 49 as follows: "restrictions on the activities of public officials in political organisations (parties) other laws."
41. Replace article 53 in the first paragraph, the words "existing tax law" with the words "tax law".
42. Replace article 57, the words "legislative acts" with the words "the law".
43. To replace the words "in article 57.5 Latvian register of enterprises of the Republic" with the words "public organizations" in the registry.
44. Article 57.6 of the turn.
45. Make the text article 58 the following: "sports public organization is the organization established to organize healthy leisure, physical and mental ability to restore and increase the high results in sports.
The Sports Association of the public organization setting up two or more sports public organizations or their associations.
Manage and coordinate work in the sports or activities throughout the country and represent Latvia in international sports organizations can only one relevant Sports Sports Sports public organisation or an Association of public organizations (sports federations, Sports Union Sports Association, sports society URu.tml). Such rights granted to leading State Sports institution, where the sports public organization or Sports Association of social organizations comply with the National Sports Council approved criteria.
The Sports Association of public organizations in addition to the sports public organizations or their associations may also have other legal entities that are related to sports.
One sports public organization can be more of a Sports Association of public organizations. "
46. Replace article 60, the words "Ministry of Justice" with the words "public organizations" in the registry.
47. Article 61 of the turn.
Transitional provisions 1. Cabinet of Ministers prepared and submitted during the six months to the Parliament a bill governing the public register. Until such a law of public organization registry is the enterprise register of the Republic of Latvia, but political organizations (parties), the holder of the register — the Ministry of Justice.
2. Amendment of article 19 of the law in the first subparagraph shall enter into force on 1 January 2000.
The law adopted by the Parliament in 1999 of 25 November.
State v. President Vaira Vīķe-Freiberga in Riga in 1999 on 15 December