Application Submission And Review, Job Security And Social Security Restoration And Compensation Costs Order

Original Language Title: Iesniegumu iesniegšanas un izskatīšanas, darba garantiju un sociālo garantiju atjaunošanas un zaudējumu atlīdzības izmaksas kārtība

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/87956

Cabinet of Ministers Regulations No. 433 Riga 2004 (April 27. No 25 7) application submission and review, job security and social security restoration and compensation costs order Issued in accordance with the law "on the certificate authority, the public prosecutor's Office or court illegal or unjustified action caused the damages" of article 7 1. determines the order in which the natural person shall submit an application for compensation, job security and social security redevelopment procedures, compensation costs, as well as the application procedures and the decision on the loss compensation in the form of samples. 2. the application for compensation (annex 1) (hereinafter referred to as the application) submitted in accordance with the law "on the certificate authority, the public prosecutor's Office or court illegal or unjustified action caused the damages" in article 7, first paragraph, the Ministry of Justice or the Prosecutor General's Office. 3. Depending on the type of the requested damages the application shall be accompanied by the following documents, which certify the application of specified: 3.1. justification of persons a copy of the judgment of the Court;
3.2 statement of custodial sites spent the period;
3.3. the certificate of termination of the pre-trial stage;
3.4. personal statement of the employer or the employer of the person's average earnings, calculated according to the labour law, and received no pay;
3.5. State social insurance agency for the socially insured persons registered in the account income and the social security contributions (social tax) for the period from 1 January 1996;
3.6. The State revenue service territorial authorities (at the place of residence of the person) issued a statement about the payroll tax in the respective tax period a copy;
3.7. The State social insurance agency a statement of benefits paid and not educational institutions for outstanding scholarship;
3.8. written evidence establishing that it is not possible for a person to remove or return confiscated property;
3.9. the national land service licensed appraiser provide opinion on residential space;
3.10. documents proving the person removed or seized the property damages and their extent;
3.11. documents certifying that the person is not possible in the work of renewal and rental;
3.12. property rights supporting documents;
3.13. the person in piedzīto court costs supporting documents;
3.14. receipts showing expenditure on the provision of legal assistance in criminal matters. 4. If the applicant for losses submitted supporting documents cast doubt on the actual, official, which shall adopt a decision concerning the grant of compensation (annex 2) is entitled to call on experts to the quantum of damages to be about. 5. Compensation, on the basis of the decision taken by the officials, the Ministry of Justice paid for these purposes from the Ministry for national budget funds. 6. If a beneficiary is not in accordance with the procedure prescribed by law against a decision on damages, the Ministry of justice the consideration transferred to the beneficiary bank account. 7. The Ministry of Justice or the Chief Public Prosecutor (depending on the application) from a person the damages recoverable amounts deducted in the law "About cognitive authority, Prosecutor's Office or court illegal or unjustified action caused the damages" in the fourth paragraph of article 4 in certain tax and fee payments. 8. If the current year's State budget law damages costs provided the funds are used, the cost of damages be suspended for as long as the funds are allocated for this purpose. 9. The law "on the certificate authorities, Prosecutor's Office or court illegal or unjustified action caused the damages" in the cases provided for, on the basis of the person's application, job security and social guarantees to restore its authority or employer who is entitled to decide on the application specified in the job security and social security. 10. the employer at which the person was employed during the month of submission of the person examined and adopted the decision on the renewal of the person or, if that is not possible, provide a written motivated refusal to renew the party. 11. the national social security agency not later than the month of submission of the person examined and adopted the decision on the person's social security requested the renewal or assignment, and reasoned written response. 12. The Ministry of Justice or the Chief Public Prosecutor (depending on the application): 12.1. calculate the State social security payments (social tax) when applying for the period of 1991 to august 21, 1997 December 31, relevant to the law "on social tax" down the social tax rate and, from 1 January 1998, the law "on State social insurance" the national social security payment rate;
12.2. until the last working day of the month in which made that rule 12.1. the calculations referred to, including State social security payments (social tax) State pension special budget work-special budget, the special budget and employment disability, maternity and sickness special budget according to the law on the State budget for the current year for each specified specific budget expenses, indicating the proportion of the payment document notes that the country made social security payments (social tax) for individuals that certificate authorities, Prosecutor's Office or Court of unlawful or unjustified action caused the injury;

12.3. submit to the State social insurance agency in the section (after the authorities concerned legal address) until to the last working day of the month following the month in which made that rule 12.2. payments as referred to in the report on the activities of State social insurance contributions (social tax) for persons who have a cognitive authority, Prosecutor's Office or Court of unlawful or unjustified action caused the loss (annex 3). 13. following this rule 12.3. the report referred to in subparagraph social insurance payments in the State social insurance agency shall take a decision on the service or the service about the amendment, if the social security service and State social benefits laws regulating the person has requested this service. 14. The Ministry of internal affairs or the Ministry of defence within 10 working days of submission of the person examined, and shall decide whether the person concerned is renewable right to retirement pensions in accordance with the law on retirement pensions Interior Ministry officials with special ranks "and military retirement pension Act and respond in writing to the applicant and the officer shall examine the application. 15. in order to restore the accommodation rental, shall submit a request to the person in the absence of a possessor who no later than five working days, decide on the renewal of the tenancy law or, if the living room in accordance with the procedure laid down in the law, is rented out to another person who is not a family member of the person, provide a written reasoned refusal to restore a person to rent right to the living room. 16. If a person has received compensation for lost residential rooms rental, the law "on local government assistance in housing matters" in the order granting the equivalent living space. 17. The refusal of the restore job security or social guarantees and the possessor of the property's refusal to renew the tenancy right to accommodation in accordance with the procedure prescribed by law can be appealed in court. 18. Be declared unenforceable in the Cabinet of 31 august 1998, Regulation No 327 "application and examination, decision making, job security and social security restoration and compensation costs order" (Latvian journal, 1998, 1999, 249/250.nr.; 297./299.nr.). 19. the rules shall enter into force on 1 May 2004. Prime Minister i. Emsis, Minister of Justice v. höche annex 1: Cabinet of Ministers of 27 April 2004 the Regulation No. 433, Minister of Justice v. 19 Annex 2 of the Cabinet of Ministers of 27 April 2004 the Regulation No. 433, Minister of Justice v. 19, annex 3 of the Cabinet of Ministers of 27 April 2004 the Regulation No. 433, Minister of Justice v. höche