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Cabinet of Ministers Regulations No. 314 in Riga, 10 May 2005 (pr. 4. § 28) administrative offences cases removed the property and document storage, disposal and destruction, as well as the realized or destroyed property reimbursement procedure Issued in accordance with the Latvian Code of administrative offences, article 257 the first paragraph and the second paragraph of article 274.1 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 the responsible authority (Officer) shall decide on the transfer of assets withdrawn for sale or disposal, which is perishable and cannot be put in storage or prolonged storage of the State causing injury;
1.3. is removed or destroyed property;
1.4. the institution removed the disposed or destroyed, the owner of the property, pay the check in the same species and quality goods or paying the value of the property disposed of or destroyed had been at the time of reimbursement.
2. The withdrawn documents and belongings that cannot be stored together with the Administrative Affairs of the infringement, as well as remove the things that perishable and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, realization or destruction of State Agency "spare" (further – the Agency).
3. These provisions shall not apply to the legal status of individuals and of the supporting documents.
4. the responsible authority (Officer), adopt a reasoned decision about this rule referred to in paragraph 2, remove the transfer of property destruction: 4.1 if the assets recognised as unfit for distribution in accordance with the food business regulatory laws;
4.2. If the expected marketing expenses exceed the expected in the US.
5. If the responsible body (official) does not have enough information to make a reasoned decision on the disposal of assets withdrawn or destruction, the responsible authority (the officer) may invite experts or experts.
6. the responsible authority (Officer) and removed the document records and is responsible for their maintenance until the transfer to the Agency.
7. If the responsible authority (Officer) adopted a decision on the transfer of custody of the documents removed, it shall without delay, but not later than three days: UR7.1.par it in writing and, if technically possible, also notify the Agency electronically;
7.2. the withdrawn documents with a document showing the removal of (certified copy), and the corresponding decision (certified copy) be transferred to the Agency. The Agency accepts and lists the withdrawn documents, draw up documents and removed the transfer Act (annex 1) in two copies (one store with administrative affairs of the infringement, but the other-the Agency), and immediately providing the documents removed.
8. If the responsible authority (Officer) adopted a decision on the surrender of the property removed, disposal or destruction of storage, it shall without delay, but not later than three days: UR8.1.par it in writing and, if technically possible, also notify the Agency electronically;
8.2. remove the property with the document proving the removal (certified copy), and the corresponding decision (certified copy) be transferred to the Agency.
9. the Agency after the prescribed in paragraph 8.2. terms of receipt of documents: 9.1. immediately, but not later than within three days and removed the records, make up things and removed the transfer Act (annex 1) and organise the storage removed, disposal or destruction;
9.2. creating the evaluation withdrawn (marketing, destruction) Commission (hereinafter the Commission).
10. Remove the packing and remove the document acceptance and commissioning is an accompanying document, which removed the transfer agency for disposal or storage for disposal.
11. the Agency shall establish by order of the Commission, which includes representatives of the Agency: 11.1;
11.2. the representatives of the institutions that are subject to the supervision of the property is removed or destroyed;
11.3. the merchant or institution representative removed the property disposed of or destroyed;
11.4. the institutions (officials) representative, who took out the property;
11.5. the person responsible for the storage removed;
11.6. specialist (expert), if the work of the Commission requires specialist (expert) membership.
12. 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 the evaluation of at least three comparable offers.
13. 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 at the administrative infringement cases, the other agency. The Act of signing the members of the Commission and approved by the head of the agency or his authorised person. Recorded in the accounts of the acts adopted, removed property accounting register (annex 3). Each act of the individual case, the equipment that is used to store all documents relating to the case.
14. Remove the stored, disposed of or destroyed in accordance with the appropriate areas of the regulatory laws, respecting the environment. Actions to remove the property that is subject to the food and veterinary supervision, carried out by the food and veterinary service.
15. remove the Agency distributes the following: 15.1 the exercise itself or contract with the merchant or the institution of the place of removed things;
15.2. selling assets withdrawn 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 is mandatory, if you removed the total value exceeding 10000 dollars. This condition does not apply to property which has withdrawn perishable;
15.3. the things that removed quickly perishable, as well as the withdrawn, which may not realize or that expected expenditure exceeds the expected realization of sales revenue, be transferred to the national or municipal authorities regarding its 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.
16. the Agency at least five working days before the intended effects been removed or destroyed, placed advertisements in the media (required for internet website and local newspaper), inviting log in to remove the owner or his authorised representative, as well as other interested persons.
17. The Agency shall establish a special deposit account the netting of revenue generated through property withdrawn, and controls to be paid revenue deposit account. Revenue generated through property withdrawn, deposited in this account until a final decision is taken on the administrative violation case.
18. the Agency removed the destroyed itself or contracts with the destruction of merchant or institution.
19. the Commission, in deciding on the disposal of property removed, examine 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.
20. 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 shall notify the State police.
21. remove the destruction shall be removed by destruction Act (annex 4) in duplicate (one keep, and one for the Agency, together with the Administrative Affairs of the infringement).
22. the Agency shall, within three working days, inform the responsible institutions (officials) that has complied with its decision and send a document showing the disposal of assets withdrawn or destruction.
23. If the responsible authorities (officials) cannot be complied with, the Agency shall, without delay, but not later than within three working days, inform the responsible institutions (officials), specifying the grounds of the decision. The responsible authority (Officer), if necessary, adopt a new decision.
24. the agency that has taken the property or documents in storage for disposal or destruction, is responsible for the documents or things removed without integrity and saglabātīb from the time of acceptance.
25. Remove the property taken by the Agency, banned putting temporary use of legal or natural persons, as well as prohibited from buying agencies and other institutions, which detained, removed it and described the relevant property.
26. Documentary certified expenses relating to the storage of document withdrawn or removed from the storage of goods, marketing or destruction shall be borne by the Agency for this purpose assigned to the national budget.
27. when a final decision in the case of the infringement of administrative action to remove documents or things, the responsible authority (Officer) immediately, but not later than within three working days, inform the Agency, as well as removed the document or remove property owner when the final decision in the case of the infringement provides administrative removed document checkin, removed property return or compensation.
28. If the responsible authorities (officials) the final decision in the case of the infringement provides administrative removed document checkin, removed the return or refund of the value of withdrawn documents, or remove property owner approached the Agency with the relevant application. The application shall be accompanied by responsible bodies (officials) a copy of the decision or of the authorities (officials).
29. the Agency shall, without delay, but not later than within five working days of the appearance of the owner of the property withdrawn the application and adopt a decision on the document or withdrawn due to the owner of the property or compensation if they are disposed of or destroyed, or remove property damages with the same species and the same quality stuff.
30. If the removed documents or remove property is transferred to the storage, the Agency returned to the owner or his authorized person remove the document or remove the storage site. Remove the document or remove property owner or his authorized person shall have the right to take over the withdrawn documents or remove property without paying for it, within 15 days after the adoption of the decision of the Agency.
31. If that rule 30 time limit referred to in paragraph owner or his authorized person takes over the withdrawn or removed, the shipowner shall bear the expenses incurred for the document to be removed or removed goods storage longer than 15 days. Withdrawn document or remove the referral Agency shall draw up a document withdrawn or removed the transfer Act.
32. If the removed property is realized by the Agency from the provisions referred to in paragraph 17 of the revenue to pay the owner 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 assessment Act. Expenses related to the storage of belongings and withdrawn, of the remuneration report.
33. If the removed property is destroyed, the Agency assigned for this purpose from the State budget to pay the owner for the damage assessment of the withdrawn amount, it would have 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 assessment Act. Expenses related to the storage of belongings and withdrawn, of the remuneration report.
34. The reimbursement shall be deemed to be the day when authorities (officials) the decision removed the compensation to the owner has entered into legal force.
35. If the removed property owner within three months 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 value, not taking over the property or withdrawn does not apply to the application the Agency pay the removed property value: 21.8. the Agency two weeks before the expiry of a period of three months, inform the owner of the property removed, remove the transfer of property for sale or disposal;
35.2. If the owner of the month following the expiry of a period of three months without taking over the then returned to the property, the Agency removed it distributes or destroyed;
35.3. this rule 21.9. in the case referred to in subparagraph to the owner during the year the Agency have the right to receive compensation for the destruction of withdrawn or disposed of property subject to this provision, paragraph 31.
36. If you removed the document owner does not take over the atdodamo documents within three months from the date of entry into force of the institution responsible (officials) the decision on the return of withdrawn document owner, the Agency shall adopt a decision on the transfer of the documents removed the responsible body (official) and shall inform the holder of the withdrawn documents.
37. This provision set out in paragraph 35, case, revenues generated through property withdrawn or credited to the income that this provision in paragraph 17 that deposit account, including State budget revenues.
38. If the responsible authorities (officials) decision provides document withdrawn or removed property confiscation, the Agency removed the withdrawn documents or belongings or money if the property has been removed, disposed of, together with the description of the documents removed or taken out of the property description and assessment of the Act and of the institution responsible (officials) a copy of the decision immediately, but not later than five working days shall pass the State revenue service territorial institution.
39. If the removed property gets the State jurisdiction, the Agency already has begun realization or destruction of property, the Agency completed the process and then make this provision set out in paragraph 38.
40. Remove things and drawn out of the reception and transmission of documents Act, removed property description and assessment of the Act and the destruction of removed is a mandatory form, and agency records and store them under the mandatory document tracking and storage requirements.
41. the rules shall enter into force on 1 July 2005.
Prime Minister a. Halloween instead of the Minister of Justice-Defense Minister e. Repše Editorial Note: regulations shall enter into force by 1 July 2005.
1. the annex to Cabinet of 10 May 2005, regulations No 314-Minister of Justice Minister e. Repše annex 2 Cabinet of 10 May 2005, regulations No 314-Minister of Justice Minister e. Repše annex 3 Cabinet of 10 May 2005, regulations No 314 annex 4 Cabinet of 10 May 2005, regulations No 314-Minister of Justice Minister e. Morgan
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