Rules For The Treatment Of Cases Of Administrative Offences And Property Withdrawn Documents

Original Language Title: Noteikumi par rīcību ar administratīvo pārkāpumu lietās izņemto mantu un dokumentiem

Read the untranslated law here: https://www.vestnesis.lv/ta/id/141648

Cabinet of Ministers Regulations No. 580 in Riga, 11 July 2006 (pr. No 37 9. §) rules on the treatment of cases of administrative offences and property withdrawn documents Issued in accordance with the Latvian Code of administrative offences, article 257 the first part and the second and fourth 274.1 part i. General questions 1. determines the order in which: 1.1. institutions (officials) who have a right of administrative offences cases removed belongings and documents (hereinafter referred to as the responsible authority (Officer)), shall be deposited in the removed property and documents;
1.2. the responsible authority (Officer) shall decide on the transfer of property removed for disposal or destruction;
1.3. is removed or destroyed property;
1.4. the institution removed the property destroyed, removed or disposed of the property owner to pay its value with its own species and quality stuff or pay the value of the property destroyed or, as they would have been at the time of the reimbursement, if the property is not removed, but are marketed to be forfeited or destroyed the Latvian Code of administrative offences (hereinafter referred to as the code) 257. in the case provided for in article;
1.5. the funds deducted from the amount required for payment of the fine and costs associated with the transfer of assets withdrawn for storage, storage and realization of assets, in the case of a person on a road traffic offence in the appropriate administrative penalty and removed things realized according to the procedures laid down in these provisions.
2. These provisions shall not apply to the legal status of individuals and of the supporting documents.
3. Remove the temporary use is prohibited to pass the legal or natural persons, as well as to buy prohibited government agencies "spare" (further – the Agency) and other institutions, which detained, removed it and described the relevant property.
4. If the responsible authorities (officials) it is not possible to execute the decision or execution causes losses to the State, the Agency shall, without delay, but not later than within three working days, inform the responsible institutions (officials). The responsible authority (officials) assessed the information provided by the Agency and 10 working days, inform the Agency of the results of the examination.
5. Documentary certified expenditure associated with the removed property and document storage (also with delivery of storage), remove the disposal or destruction of the goods shall be borne by the Agency for this purpose from the State budget funds if these rules otherwise.
II. Remove the items and documents for storage Remove the 6 and documents that can not be stored together with the administrative infringement cases, the responsible authority (Officer) shall be deposited to the authorities in accordance with the procedure laid down in the respective rooms or aviary.
7. Remove cash, securities, bank issued letters of credit, bills of Exchange, shares and other instruments of money, jewelry, precious stones and precious metals (packaged and stamped) the responsible authority (Officer) shall be deposited in the vault of the institution responsible.
8. the weapons and their components, ammunition and components thereof, explosives and explosive devices and their components in the responsible authority (Officer) shall be deposited, in accordance with the laws and regulations in the area of movement of weapons.
9. Remove the things that move is not possible or would require a disproportionate transfer expenses, keep in place, and the responsible authority (Officer), creating and commissioning of adoption legislation, it can put in storage natural or legal person whose possession of the property before.
10. Other property and withdrawn documents that cannot be stored in specially provided for this purpose, and also removed the things that perishable and cannot be put in storage or prolonged storage of which cause injury to the State, the responsible authority (Officer) with a reasoned decision shall be deposited, or destruction of the marketing agency. On the storage and conveyance of property storage as well as the related services to the Agency in accordance with the laws and regulations in the area of public procurement requirements has the right to enter into contracts with merchants.
11. the responsible body (official) lists the property and removed documents and save to transfer responsibility of the agency or to another person. The agency or other person that has taken the treasure and withdrawn documents, is responsible for the property and removed the document integrity and not saglabātīb of their adoption.
12. If the responsible authority (Officer) adopted a decision on withdrawals and transfer of possession of the document: 12.1 it immediately, but not later than three working days and in writing, if possible, also notify the Agency electronically. If the vehicle has been removed due to administrative violations in road traffic, in addition to also inform the telephone;
12.2. the property and removed documents, together with a document showing the removal of (certified copy), and a decision on withdrawals and the service of documents in the possession of the premises of the Agency be transferred or removed and the document location, but if the animals were removed, by matching with food and veterinary service immediately shall be deposited in the natural or legal person who can ensure the keeping of animals shall be drawn up in compliance with the provisions of the adoption Act and the transfer and shall inform the Agency of the place of storage of the animals.
13. the Agency after this rule 12.2. the document referred to in the receipt or receipt of the information by telephone about vehicles removed due to administrative violations in road traffic: 13.1 immediately, but not later than within three working days, but for the national police and State border guard officials on administrative violations removed on the road vehicles – no later than four hours provides property and removed the document making this rule 12.2. in accordance with the procedure laid down in point and records drawing up and removed the withdrawn of the reception and transmission of documents Act (annex 1). Remove property and removed the document acceptance and commissioning is an accompanying document, which removed the belongings and documents transferred to the Agency;
13.2. equipment of the individual case, which kept all the documents relating to the authorities (officials) for a particular administrative decision infringement cases;
13.3. organizes and removed documents. For the storage of animals withdrawn a contract with 12.2. these provisions referred to natural or legal persons.
14. Remove things and drawn out of the reception and transmission of documents is a mandatory form, and agency records and store them under the mandatory document tracking and storage requirements.
III. Decision on the disposal of assets withdrawn or destroyed 15. Responsible institution (official) shall decide on the transfer of assets withdrawn for sale: 15.1 if a removed something perishable and cannot be put in storage;
15.2. If you removed the permanent storage is causing injury to the State.
16. the responsible authority (Officer) shall decide on the transfer of property destruction removed: 16.1 if removed assets recognised as unfit for use or distribution or dissemination prohibited under laws and regulations;
16.2. If the expected marketing expenses exceed the expected revenue;
16.3. If you removed a dangerous goods environment.
17. If the responsible body (official) does not have sufficient information to make informed decisions on the disposal of assets withdrawn or destroyed, it may invite specialists or experts.
18. Following the adoption of the decision on transfer of assets withdrawn for disposal or destruction of the responsible authority (Officer): 18.1. immediately, but not later than three working days and in writing, if possible, also notify the Agency electronically;
18.2. goods withdrawn along with a document showing the removal of (certified copy), and a decision on the transfer of assets withdrawn for sale or destruction shall pass to the Agency its premises or property location;
18.3. designate a representative work removed property assessment (marketing, destruction) Commission.
IV. Removed the realization or destruction 19. Agency after this rule 18.2. receipt referred to: 19.1. ensure removed the acceptance from authorities (officials) paragraph 13 of these provisions and in its possession to realisation or disposal;
19.2. in order to establish the evaluation withdrawn (marketing, destruction) Commission (hereinafter the Commission);
19.3. organizes the realization of assets withdrawn or destruction.
20. the Commission shall include the following: 20.1. a representative of the Agency;
20.2. the responsible authorities (officials) representative whose control the subject property is removed or destroyed;
20.3. the merchant or institution representative, if the Agency with the merchant or institution has an agreement for the disposal of withdrawn or destruction;
20.4. the person responsible for the storage removed;
20.5. specialist (expert), if the work of the Commission requires specialist (expert) membership.

21. the Commission, before the disposal of withdrawn or destruction of withdrawn assets assessed, taking into account the average market price of the property withdrawn at the time of the evaluation and assessment of the responses to the equivalent of at least three offers. Removed the not evaluated, if it must, in accordance with this rule 16.1 or paragraph 16.3.
22. the Commission's assessment of the record of the description of the property and removed the assessment Act (annex 2). Act shall be drawn up in duplicate. One copy is kept in the administrative case of the infringement, the other for the Agency. The Act of signing the members of the Commission and approved by the head of the agency or his authorised person. The Act removed property recorded in the accounting register (annex 3).
23. Remove the stored, disposed of or destroyed in accordance with the concerned regulatory laws, respecting the environment. Remove the property, which is monitoring the food and veterinary service, competence of written agreements with the food and veterinary service implements or destroyed under the supervision of the food and veterinary regulatory laws and requirements.
24. the Agency at least three working days before the placing of the goods removed or inserted into the announcement of the destruction of the Agency site on the internet, but if the property disposed of, withdrawn, local newspaper.
25. the Agency removed the: 25.1. distributes itself or contract with the merchant or the institution of the place of removed things;
25.2. sell auctions organised by the head of the Agency, in accordance with the approved rules of the auction, or contracts with merchants or institutions for the realization of the withdrawn auctions. Auction tools, removed the mandatory if the total value exceeds 10000lat. This condition does not apply to property which has withdrawn perishable;
25.3. which perishable as well, you may not realize the expected sales or expenses exceeds the expected sales revenue, be transferred to the national or local authorities according to its purpose of use. If the removed the log in more institutions, priority is the authority which is logged on to the first. State and local authorities who received the property withdrawn, make the relevant entries in the accounting registers.
26. The Agency shall establish a special deposit account the netting of revenue generated on the basis of the institution responsible (officials) decision on the disposal of assets withdrawn (deposit accounts), and to control the revenue paid to the deposit account. Revenue generated through property withdrawn, are stored in the deposit account until a final ruling for the case and the administrative infringement is accumulated in growing, pārkontēj to the next tax year.
27. the Agency removed the destroyed itself or contracts with the destruction of merchant or institution.
28. the Commission, in deciding on the disposal of assets withdrawn by assess the specific situation and the foreseeable expenditure associated with the removed goods transport and disposal, and to choose the most cost-effective way to financial destruction. The Commission decision shall be recorded in the minutes.
29. Remove the belongings destroyed in the presence of the Commission. The members of the Commission before the destruction of the withdrawn check its compliance with the description of the property and removed the assessment specified in the Act. If non-compliance is found, the Commission immediately suspend destruction of withdrawn and notify the State police.
30. On the destruction of withdrawn shall be removed by destruction Act (annex 4) in duplicate (one keep, one administrative agency in the case of the infringement). The Act removed property recorded in the accounting records.
31. the Agency shall, within three working days, inform the responsible institutions (officials) that has complied with its decision on the disposal of assets withdrawn or destroyed and sent to the removed property realization or destruction of identity documents.
32. a description of the property and Removed the assessment Act and removed the destruction Act is a mandatory form, and agency records and store them under the mandatory document tracking and storage requirements.
V. action to remove the belongings and documents after the decision in the administrative infringement cases 33. Responsible institution (official), which examined the administrative infringement cases and adopted a decision on the administrative infringement action with the stuff, and withdrawn documents released to the agency or for the storage, disposal, immediately but not later than within three working days, inform the Agency. If the goods are not removed, but are marketed to be forfeited or destroyed. in article 257 of the code case, the responsible authority (Officer) the decision shall specify the type of cover removed, check in the same species and quality goods or paid on realized or destroyed property value, it would have been at the time of reimbursement.
34. If the responsible authority (Officer) in the administrative infringement cases levied fines for administrative offences provided for in the fifth article of the code of conduct, 149.4 in the sixth or seventh paragraph, the fourth paragraph of article 149.5 or 149.15 article (except for the offences provided for in the sixth part), and in the case of administrative violation is removed, the property immediately, but not later than within three working days, inform the Agency of the appropriate fines.
35. If the responsible authorities (officials) decision of the administrative offence proceedings provide for the return of withdrawn documents, removed property return or compensation, removed or withdrawn the document owner with an application draws the application agency, adding authorities (officials) a copy of the decision, or presented to the authorities (officials).
36. If the responsible authorities (officials) imposed the fine for administrative offences provided for in the fifth article of the code of conduct, 149.4 in the sixth or seventh paragraph, the fourth paragraph of article 149.5 or 149.15 article (except for the offences provided for in sixth paragraph), or for that offence criminal proceedings initiated, the owner removed the application shall also be accompanied by responsible bodies (officials) for the execution of the fine if the administrative case of the infringement fines and the document certifying the payment of the costs incurred by the Agency in connection with the carriage of the goods removed for storage and storage.
37. Remove or remove the document owner or his authorized person removed the documents from the Agency and receives the storage place immediately, but not later than within five working days following this rule 35 and 36 of document specified in the submission. On the remove property and documents to the owner or his authorised representative shall draw up and removed the withdrawn of the reception and transmission of documents.
38. If the person has not submitted that rule 35 and 36 referred to documents or proved ownership of the property withdrawn, or documents, the Agency shall, without delay, but no later than five working days to reply, indicating the gaps.
39. by letter specified deficiencies has the right to turn to the Agency again this provision in paragraph 35 and 36.
40. If the removed property according to the authorities (officials) decision is realized by the Agency from the provisions referred to in paragraph 26 of the revenues pay the property owner removed realized the value of what it had been at the time of reimbursement or return of the same species and quality, taking into account the description of the property and removed the evaluation of value and quantity. Expenses related to the storage of belongings and withdrawn, of the remuneration report.
41. If the removed property according to the authorities (officials) decision is destroyed, the Agency assigned for this purpose from the State budget to pay the property owner removed loss removed the amount of the assessment, what it should have been a moment of redemption, or giving the same species and quality, taking into account the description of the property and removed the evaluation of value and quantity. Expenses related to the storage removed and destruction, from the remuneration report.
42. The reimbursement shall be deemed to be the day when authorities (officials) the decision removed the compensation to the owner of the removed things has become final. Remove the amount of the assessment, what it should have been a moment of reimbursement shall be determined by the Commission, taking into account the average market price of the property withdrawn at the time of reimbursement. The Commission's assessment of the record of the description of the property and removed the assessment Act.

43. Remove property and documents to the owner or his authorized person shall have the right to take over a store without paying for it, months after authorities (officials) the decision takes final except this provision, paragraph 36. If the owner or his authorized person within this period removed the and are not taking over the property and removed before the receipt of the document he has to bear the costs of the Agency removed belongings and documents for more than a month.
44. If you removed the document owner does not take over the documents a month from the moment of the entry into force of the institution responsible (officials) the decision on the return of withdrawn documents, agency owner withdrawn documents handed to the responsible body (official) and shall inform the holder of the document.
45. If the owner of the property withdrawn monthly from the date of entry into force of the institution responsible (officials) the decision on the return of property taken by the owner or its compensation does not take over the withdrawn or disposed of or destroyed goods purchased for the reimbursement of the same species and quality possessions: 45.1. the Agency shall inform the owner of the removed removed property location and the documents you need to produce goods;
45.2. If after the information is sent to the owner of the property withdrawn two weeks removed property is not taken over, the Agency removed the owner by registered mail notify you of the transfer of assets withdrawn for sale or disposal;
45.3. where the owner of the property taken during the month following the date of circulation of the alert will not be taken over the handing back of withdrawn property agency distributes or destroyed 25. these rules and procedures specified in paragraph 27;
28.2. this rule 28.1. in the case referred to in subparagraph removed the owner of the property during the year have the right to apply to the Agency with a request to transfer the funds in the State budget removed the sales revenue.
46. This provision 43, 44 and 45 during the periods laid down in paragraph excludes the time when authorities (officials) the decision on the imposition of the administrative penalty execution postponed or suspended due to the complaint or protest of the public prosecutor.
47. the Agency this rule 28.1. activities referred to in point out also, if the owner of the removed writing refuses to take over then returned to the withdrawn or disposed of property purchased for the reimbursement of the same species and the same quality.
48. From revenue generated this rule 28.1 in accordance with the procedure laid down in realizing the assets, the Agency removed the report 43. these provisions laid down in paragraph removed the storage costs and sales revenue amount remaining shall be credited to the general revenue of the Government.
49. If a person for violation of road traffic suitable for administrative penalty from revenue generated this rule 28.1 in accordance with the procedure laid down in realizing the assets, the Agency removed the deducted amount required for payment of the fine, then cover the expenses related to the transfer of assets withdrawn for storage, storage and realization of assets, and the remaining sales revenue amount including State budget revenues. Realization of the amount obtained for payment of the fines the Agency transferred to the general revenue of the national accounts, notifying the institution responsible (officials).
50. If the responsible authorities (officials) removed the decision provides for the seizure of the document or, the Agency immediately, but not later than within five working days: 50.1. written (including electronic) shall notify the State revenue service territorial institution to withdraw or remove the document location;
50.2. belongings with removed the description and assessment of legislation or documents with the removed property and removed the documents and certificate and certified authorities (officials) a copy of the decision shall be referred to the State revenue service territorial authority property or document location. If the property is withdrawn, the Agency disposed of the deposit account is transferred to the State revenue service territorial institution specified in the State budget to account revenues from those sales, as well as submit a certified removed property description and evaluation of a copy of the State revenue service territorial institution according to the location of the Agency.
51. If the removed property become the country of jurisdiction the Agency's ongoing marketing or destruction of property in the process, the Agency said the process completes and then make this provision set out in paragraph 50.
52. If the responsible authorities (officials) decision provides goods or withdrawn withdrawn document destruction, the Agency removed the belongings and documents shall be destroyed in accordance with the provisions of paragraph 27.
Vi. Closing questions 53. Be declared unenforceable in the Cabinet of 10 May 2005, Regulation No 314 "administrative infringement cases removed the and document storage, disposal and destruction, as well as the realized or destroyed property reimbursement procedure" (Latvian journal, 2005, nr. 76).
54. This provision provided for in paragraph 36 of document certifying payment of the costs incurred by the Agency in connection with the carriage of the goods removed for storage and the storage removed property owner does not attach if the administrative offences provided for in the code of conduct in the fifth article, 149.4 in the sixth or seventh paragraph, the fourth paragraph of article 149.5 or 149.15 article (except for the offences provided for in the sixth part), made to the date of entry into force of the provisions.
Prime Minister a. Halloween Interior Minister b. Jaundžeikar Editorial Note: the entry into force of the provisions by 16 august 2006.
 
1. the annex to Cabinet of Ministers of 11 July 2006, regulations No 580 Interior Minister Or Jaundžeikar annex 2. Cabinet of Ministers of 11 July 2006, regulations no no PO box 580
Removed the name of the property (including a detailed description of each property) a measure of the quantity of property assessment (Ls) the reduction laid down by the Commission, following the depreciation of the assets (%)
Property assessment, taking into account the reduction in the total amount of the assessment (Ls) (4 x 5 or 4 x 7 box) (Ls) 1 2 3 4 5 6 7 8 total X X X X X total (estimate total words) ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ this Act is drawn up in duplicate.
The members of the Commission: _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ __ (signature and transcript) _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ __ (signature and transcript) _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ __ (signature and transcript) _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ __ (signature and transcript) _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ __ (signature and transcript) Note _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ 20 _____ __ of ___ ___. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the Interior Minister Or Jaundžeikar annex 3. Cabinet of Ministers of 11 July 2006, regulations No 580 Removed property accounting records no PO box
Record the date the administrative offence case number removed and removed documents and certificate number and date of the owner of the property removed, first name, last name or the name of the Removed property description and Assessment Act Removed property assessment amount (Ls) Removed the description and evaluation of the Act sent transferred deposit account ($) possession (when and which) Destruction Act number, date the date the number of institutions or the merchant name date for sale destruction or storage, Interior Minister b. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Jaundžeikar in annex 4 of the Cabinet of Ministers of 11 July 2006, regulations No 580 Interior Minister Jaundžeikar of apt.