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The Constitutional Protection Bureau Act

Original Language Title: Satversmes aizsardzības biroja likums

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The Saeima has adopted and the President promulgated the following laws: the constitutional protection Office of the law this law determines the constitutional protection Office's legal status, instead of national security institutions in General, operational objectives, principles, tasks, responsibilities and rights, as well as governing the funding of the Office of supervision and control.
Chapter one General provisions article 1. The constitutional protection Office (1) the constitutional protection office is not the military's national security authority, which carried out the procedure prescribed by law, as well as organized and coordinated by the national security intelligence (Counterintelligence), gives the same, as well as receive, collect, accumulate, store, analyse and use by national security, defence and economic sovereignty related information, to safeguard the constitutional order of the country, national independence and territorial integrity against external and internal threats as well as protect the country's military, economic, scientific and technical potential and State secrets.
(2) the constitutional protection office is the operational entity.
(3) the constitutional protection Office has the right of inquiry for crimes committed in the field of State security and public security institutions, as well as in other cases, where the conduct of the inquiry asked the Attorney-General.
(4) constitutional protection Office have the legal person has its own stamp with the Latvian National coat-of-arms of the great image and your full name, as well as the checking account at the bank.
2. article. The constitutional protection of the Office of the legal basis for the constitutional protection of the Office of the legal basis is the Constitution, the national security authorities act, the law «On the protection of the country», operational law, the criminal procedure code of Latvia, this law and other laws and regulations, international treaties and conventions, which are matters of national security or that party joined the Republic of Latvia.
3. article. The constitutional protection Office's main task in the constitutional protection Office's main tasks are: 1) the national security, defence, economic sovereignty and ecological threats related information acquisition, receipt, collection, accumulation, storage, analysis and use in accordance with the procedure prescribed by law;
2) national security, prevention of infectious or neutralisation means and methods;
3) proposal and program development the national security matters;
4) national and Government institutions and the performance of the officials responsible for the timely and complete information on national security threats;
5) national security authorities coordination;
6) information about certain persons, if the matter is the question of their compatibility with the work of important public service and institutions, or for people who have State or other secrets protected by law;
7) inquiries in relation to crimes committed in the field of State security and public security institutions, as well as in other cases, where the conduct of the inquiry asked the Attorney-General;
8) about the crimes of the information and material submitted to the public prosecutor's Office.
The second chapter of the constitutional protection Office's operations organization Article 4. Under the constitutional protection Bureau (1) the constitutional protection office is subject to the National Security Council.
(2) the National Security Council approved the constitutional protection Bureau rules and determines the main direction of activity of the Office, and tasks, and coordinate Government accepts security bodies outside the State, territory and their relations with foreign special services.
5. article. The Director of the Office for the protection of the Constitution (1) the constitutional protection Office Director appointed for four years, and the post of the Parliament at the proposal of the National Security Council.
(2) the constitutional protection Office of the Director of the Office's activities, reports the National Security Council and the parliamentary National Security Commission.
(3) the constitutional protection Office Director's deputies, one of them — the first alternate. The Deputy Director of the Office shall be appointed and relieved of the post of Director of the Office, in coordination with the National Security Council.
(4) constitutional protection is the Director of the National Security Council of the institutions.
(5) the Director of the Office for the protection of the Constitution, according to National Security Council operational main directions and tasks: 1) defines the constitutional protection office and other national security priorities of the authorities and those authorities raised the requirements and tasks of intelligence (Counterintelligence);
2) coordinated by the national security authorities, organizes and provides analysis of the information received and to national security in time of discovery;
3) defines and controls the country's security cooperation with foreign special services; 4) organises and controls the intelligence (Counterintelligence) operations beyond national borders;
5) made the task of the National Security Council, national security authorities.
(6) the Director of the Office for the protection of the Constitution: 1) run by the National Security Council action by the authorities;
2) together with the public security authorities, leaders develop and after coordination with the National Security Council and the Cabinet of Ministers submitted to the parliamentary National Security Commission the annual budget of the institutions;
3) eliminates unnecessary duplication of the activities of national security agencies;
4) evaluate the usefulness of the information obtained by its users;
5) arrange the necessary measures to ensure operational information, its sources, operational measures and methods, as well as operational records against their unauthorized disclosure;
6) collects national security authorities requirements, proposals and submit them to the public and management of institutions administering;
7) according to the law determines the operational measures of enforcement methods, operational use technical means, as well as operational accounting and record-keeping procedures;
8) determines the order in which the information to be exchanged between the national safety authorities;
9) organized a separate national Security Council given tasks.
(7) the constitutional protection Office Director or his authorized officers of the Office of the special is entitled freely to become familiar with national security authorities, the national authorities and local disposal all types of information and materials regardless of their usage behavior.
(8) national regulatory authorities should be consistent with the constitutional protection of those exposed to the Director of the national security appointment of Heads of posts and dismissal from posts.
(9) the constitutional protection Office Director is personally responsible for national security, timely, and his duty is to promptly notify the National Security Council.
(10) the tasks and instructions that statutory competence given constitutional protection, the Director of the national safety authorities is required. If they are not met, the Director is entitled to institute disciplinary proceedings against the officials of the event and put it for review by jurisdiction. This decision may be appealed to the Director of the National Security Council.
(11) the constitutional protection Office Director of its competence to issue internal regulations.
6. article. The constitutional protection Office's management organization (1) the constitutional protection office and the unit works on the principle of vienvadīb.
(2) the constitutional protection of the organisation of the Office issues can create the College, consisting of the Director of the Bureau's proposal, approved by the National Security Council.
(3) If the constitutional protection Office, or the Office of the Deputy Director of the Board members did not agree with the conclusions of the Director for national security threats, they have the right and the duty to personally report on the National Security Council.
(4) constitutional protection office and it activities in the Department with statutory powers (competence) to the delimitation of the principle. Officials of the Office and the status of the unit not be used otherwise than exclusively in its statutory duty.
The third chapter of the constitutional protection Office's official responsibilities, rights, limitations of these rights and responsibilities article 7. The constitutional protection Office's official duties on the basis of the constitutional protection Office's main tasks, it is the responsibility of officials: 1) ensure public and regulatory bodies and administering their officers with the information necessary for the public interest in the external, internal, economic and defence policies;
2) predict and detect internal and external national security, develop their elimination or neutralisation means and methods;
3) develop proposals and programs for national security matters;
4) take the intelligence (Counterintelligence) procedure to obtain information about foreign special service or other force to create external and internal threats to national security;
5) to receive information from the public security authorities, to systemize, test, analyze, store, registration, accounting and use;
6) protect national economic, military, scientific and technical potential and State secrets;

7) take measures to ensure operational information, its sources, operational measures and methods, as well as operational records against their unauthorized disclosure;
8) for the purpose of alerting the person to cease their unlawful activities and other actions against national security or it can harm, or to submit materials for such a public prosecutor's unlawful activity;
9) make inquiries of their competence;
10) to submit to the Prosecutor's Office information and materials on detected crimes.
8. article. The constitutional protection office officers the right to limit those rights and responsibilities of the Office for the protection of the Constitutional rights of the officials, the legal restrictions and responsibilities are defined in the law of national security institutions.
The fourth chapter service (work) the constitutional PROTECTION Bureau article 9. Service (work) the constitutional protection Office (1) the conditions for appointment to posts in the Office for the protection of the Constitution, vocational training, and other criteria for appointment to posts and staff (job) related matters are regulated by the law on the State civil service «», national security authorities act and this Act.
(2) the constitutional protection office officers qualifying examination and appraisal rules, sort it and training agenda is determined by the Director of the Office for the protection of the Constitution.
(3) starting to fulfill the duties of Office, the constitutional protection it officials confidence the Republic of Latvia confirmed by oath. Officials give the following oath and signing: «I swear to be faithful to the Republic of Latvia and serve people of Latvia, undertake in good faith to make the Office entrusted to me, to carry out the Constitution of the Republic of Latvia and other laws, not to divulge State secrets and professional, conscious of its responsibility before the law. "
10. article. The constitutional protection Office's official personal identification of the constitutional protection Office officials the powers conferred shall issue the specified pattern cards and tokens.
The fifth chapter of the constitutional protection Office's structure, FINANCING its activities, general management and control article 11. The constitutional protection office structure (1) the constitutional protection Office has a single centralized organ system that is created according to the tasks of the Office.
(2) details of the constitutional protection Office's internal structure, the list of posts, finance and technical equipment is State secret.
12. article. The constitutional protection Office's financing activities, general management and control of the constitutional protection Office's financing activities, general management and control is defined in the law of national security institutions.
13. article. Supervision over compliance with the law of the constitutional protection Office (1) the supervision of the constitutional protection office is complying with the law, take the Attorney-General and his Special Prosecutor appointed pursuant to the procedure and conditions laid down in the law of national security institutions.
(2) the constitutional protection office is subject to judicial control of operational activities in the cases stipulated by law and order. The law shall enter into force on the day of its promulgation.
The Parliament adopted the law of 5 May 1994.
The President g. Ulmanis in Riga, 19 May 1994 on