Rules For The Special Situation Of The Person, Property And Income Level Of Compliance On State Legal Aid

Original Language Title: Noteikumi par personas īpašās situācijas, īpašuma stāvokļa un ienākumu līmeņa atbilstību valsts nodrošinātās juridiskās palīdzības piešķiršanai

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Cabinet of Ministers Regulations No 558 Riga, July 4, 2006 (pr. 30. No 35 §) rules on specific situations of persons, property and the adequacy of the level of income on State legal aid Issued pursuant to the Act on State legal aid, article 3 of the second paragraph of rule 1 shall determine the cases in which a person's particular situation, property status and income level is considered appropriate on State legal aid. 2. the rules those cases do not apply to legal aid or representation for the defence in criminal proceedings. 3. legal aid shall be granted if the person has reached the special situation that prevents it to ensure their protection. 4. the meaning of these provisions on the special situation of persons considered in the following cases: 4.1 a person suddenly finds itself in the situation and position materials, which it denied their rights (for example, in the case of natural disasters, force majeure or from the person as a result of circumstances);
4.2. the person is on full State or municipal maintenance;
4.3 the State party provide legal aid is needed within the asylum process. 5. public legal aid is granted, if a person's assets and level of income considered to prevent it to ensure its protection. The meaning of these regulations a person's assets and level of income deemed adequate legal aid if: 5.1 a person's average income over the last three months does not exceed legal aid on the day of the national minimum monthly wage and the person does not belong to the movable or immovable property, which you can use for income generation, or persons in the movable property and real estate is necessary and the basic needs of family members for , or existing movable or immovable property alienation is not commensurate with the necessary legal assistance;
5.2. the rules referred to in point 5.1. average income may be higher than 50 percent for each of the following dependants: 5.2.1. minor child;
5.2.2. a child that continues the General, vocational, higher or special education, but no longer than up to 24 years of age;
5.2.3. the non-working spouse;
5.2.4. non-working parents and grandparents;
5.2.5. the brother, the sister, who is younger than 18 years, if they do not have the older working age;
5.2.6. the person whose right after the judgment of the Court of the legal aid applicant is moved to maintenance (alimony);
5.2.7. under the auspices of an existing person;
5.3. the provisions referred to in point 5.1. average income may be higher due to the dependent person, if that person is not granted a pension in accordance with the law "on State pensions" (except for survivor's pension). 6. for State legal aid, the legal aid administration submitted the application on State legal aid request (hereinafter referred to as the application) and the documents proving the person's compliance with the specific situation of property and income level. 7. The legal aid applicant's compliance with national instructions provided the hook for assistance because of its special situation, assets and level of income assesses the administration of legal aid, on the basis of the application and the attached documents. 8. If the documents annexed to the application are not sufficient or the veracity of doubt, in order to determine whether a person's particular situation, property status and income level is considered appropriate on State legal assistance is granted, in pal, the legal aid administration decision may request information from the other Member States of the European Union or other competent national authorities, national or local institutions as well as individuals. 9. If a person's particular situation complies with this provision in the first Member State mentioned 4.3 case, the institution which is responsible for examining the asylum application, provides legal assistance need assessment and the communication with the applicant legal aid provider. Prime Minister a. Halloween g. Grīnvald the Minister of Justice of the