Advanced Search

With Soldiers The Accident Investigation And Accounting Procedures

Original Language Title: Ar karavīriem notikušo nelaimes gadījumu izmeklēšanas un uzskaites kārtība

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Republic of Latvia Cabinet of Ministers of 25 May 1999, in Regulation No 189 (in Riga. No 27, § 10.) with soldiers the accident investigation and accounting procedures Issued under Cabinet installations article 14 of the law 3 (I). General questions 1. terms used in the rules: 1. soldiers — active military service and national guard ranks officers, virsdienest soldiers (instructors) and the obligatory active military service soldiers;
1.2. the accident — the soldier's condition sudden and rapid deterioration caused by injuries (contusion, injuries, disability), as well as other hazardous and noxious factor (radioactive substances, ionizing source, electromagnetic fields, toxics and other factors) the effects on the organism and which results in partial or complete loss of capacity or the death of a soldier.
2. these provisions establish common with soldiers the accident investigation and accounting procedures in all the Ministry of defence and the Department.
3. Accident investigation and accounting objectives: 3.1. to find out the causes of the accident to prevent them in the future;
3.2. the documentary to design the accident to ensure victim or a soldier-soldier's death — his former dependent persons law in certain social guarantees;
3.3. to identify persons who committed military rules of procedure and other military service regulatory legislation violations that caused the accident.
4. in accordance with these rules to investigate all accidents that have occurred with the soldiers: 4.1 service during the course of their duties of employment or outside, also in foreign countries;
4.2. the defending national or a person's property, public order, saving human lives;
4.3. using personal vehicle service needs with the unit commander (boss) written permission (command);
4.4. the road to or from the place of employment, as well as other service trips the unit owned vehicle;
4.5. bullying.
5. Accident, what happened to the foreign soldiers, who were in the service mission to Latvia, investigated in accordance with these regulations or international agreements.
6. Expenses related to the accident investigation, shall be borne by the Department where the accident occurred.
7. accident investigation and inquiry or opinion about the accident within a particular design is responsible officer who issued the order on the investigation.
II. Accident Investigation 8. Accidents investigated by the unit commander (boss) posted the Commission order no less than three officials.
9. the Commission shall designate a departmental Chief of staff officers, and the obligatory inclusion of health professionals. If necessary, the Commission may also include other officials (professionals), as well as to represent the interests of the injured soldier.
10. In the event of an accident suffered by the soldiers, who at the time sent to discharge duties in another unit, it investigates the Commander (Chief) appointed by the Commission, in which the accident occurred. The Commission also participates in the work of the representative of the Department that the soldier is the victim.
11. If a soldier duties in another unit performed his Department officials, accident investigating Commission appointed by the Commander of the unit (the boss) who is the victim of a soldier.
12. About the accident a soldier or an accident witness report immediately to his direct supervisor, or unit commander (boss), boss or operational headquarters desk officer.
13. The rules referred to in paragraph 12 of the officers immediately provided first aid to the injured soldier and take him to the hospital. Divisional Commander (boss) or headquarters Chief of the hospital's request that rule 31, paragraph a statement of health. Until the beginning of the work of the Commission, the accident site preserved intact, if it does not endanger other people's lives or the environment does not cause accidents, fire and do not interfere with the process.
14. the Commission's investigations began immediately, and no more than six working days to investigate the accident, as well as draw up legislation on accident (hereinafter Act) (annex 1) or write an opinion on accident (opinion) (annex 2).
15. An accident is deemed not relevant to the duties of the service and writes the opinion when in the course of the investigation, the Commission concluded that: 15.1 the accident occurred, alcoholic, narcotic, psychotropic or other toxic harmful substances or the use of the products and it is not caused by the use of these substances for purposes of duties or inappropriate storage and transfer;
15.2. the cause of death is not related to the accident, and the medical examiner's opinion;
15.3. committed suicide or attempt, and this is confirmed by the law enforcement authority;
15.4. the accident occurred when a soldier making a criminal offence and prosecuted, unless the soldier is called a criminally liable for violation of road traffic regulations, driving;
15.5. the accident occurred, the soldier in violation of military regulations, issuing appropriate orders and other regulatory requirements, except where those offences are committed, the defending State or personal property, public order, saving human life or the interests of the service;
15.6. the accident occurred outside the performance of official duties, where this time not been a professional environmental factors hazardous or harmful effect and if it is not associated with a country or a person's property, and public policy advocacy, human life or professional interests;
15.7. the accident occurred during the dispute and its cause is not related to the performance of official duties.
16. Accident investigation, if it is not soldiers fit to perform their duties for more than one day.
17. This rule 15.4. in the case referred to in subparagraph, if the criminal proceedings terminated because of lack of evidence or court issued acquittal verdict, within 15 days after the decision or supporting the entry into force of the judgment draws up the accident investigation.
18. If the accident is not reported in the 24 hours or accident resulting in loss of working soldiers joined later, the Commission investigating the accident and draw up a written opinion or the month following submission of a soldier of the victim or other information on the accident.
19. In the event of an accident the victim officer or soldier virsdienest (instructor), the Act shall be made or opinion to write four copies, but if the victim of the compulsory military service, soldiers — in triplicate. The first copy shall accompany the investigation material (soldier, witnesses and the explanations of officials responsible; plans, diagrams and documents, which describe the location of the accident, machines, mechanisms, equipment, service and environmental hazards of the hazardous existence, as well as medical opinion).
20. by the Act of dialing or typing its opinion first instance and inquiry materials remain in the unit in which the victim was a soldier or active military service. One copy for unit commander (superior) sent immediately to: 20.1. If the victim is an officer or soldier virsdienest (instructor): 20.1.1. the victim or the person who represents their interests;
20.1.2. State social insurance agency affiliate after the injured soldier's place of residence;
20.1.3. Ministry of defence military personnel section;
20.2. If the victim is compulsory military service for soldiers: 20.2.1. the victim or the person who represents their interests;
20.2.2. The Ministry of defence of the military staff of the Department.
21. in the opinion of the legislative and the first copy with all the investigation materials stored in 45 years. After 45 years in their laws and procedures specified by the archives.
22. If the Ministry of defence after the Act or opinion and investigation, the receipt of material finds that the accident investigation and inquiry materials drawn up without regard to these provisions, or investigative documents discovered inaccuracies, the Ministry of defence military personnel the Department is entitled to request the Divisional Commander (boss) to ten working days to investigate the accident.
23. If a soldier or a person representing his interests, does not agree with the opinion of the Commission of the Act or the contents of the soldier or the person within six months after receipt of the opinion of the Act or is entitled to apply to the Ministry of defence, which shall take a final decision on the need repeatedly to investigate the accident.
24. the military personnel of the Ministry of defence's Department at its own discretion or at the request of law enforcement authorities is entitled to request in the circumstances of the accident further investigation.

25. the Commission, when investigating accidents, are entitled to request and receive the necessary reference materials and written explanations from the officials of the Department, as well as the written explanations of the victim and witnesses of a soldier.
26. the Divisional Commander (or his authorized person): 26.1. inform the officer or soldier virsdienest (instructor), or to represent his interests, the right to social insurance compensation according to the law "on compulsory social insurance against accidents at work and occupational diseases";
26.2. inform the injured soldiers or to represent his interests, the right to compulsory State insurance claims soldiers in accordance with the relevant laws and regulations;
26.3. introduces the unit officers, soldiers or to represent his interests, with accident investigation materials;
26.4. the act within the time limit indicated in the opinion or take measures accident prevention of the causes;
26.5. after recovery of the injured soldier (temporary termination of incapacity) sent to the military personnel of the Ministry of Defence Department statement on the consequences of the accident (annex 3).
III. in special accident investigation, accident 27. special investigation (hereinafter special investigation) shall be required in the event of an accident: 27.1. one or several soldiers dead;
27.2. suffered two or more soldiers regardless of health problems;
27.3. soldier found severe health problems.
28. about this rule referred to in paragraph 27 accidents, even if the soldier died in an accident caused by the loss of functional capacity, the Divisional Commander (boss) shall immediately notify the reporting order higher Commander (boss), a specialized industry to the Prosecutor's Office and the Defense Ministry. The notification shall specify the name, the date and time when the accident occurred, the site of the accident victims, soldiers, their name, surname, personal code, place of residence, age, gender, position, as well as provides a brief details of the circumstances of the accident.
29. The special investigation carried out: under the order of 29.1. Supreme Commander (boss) established a Special Investigation Commission not less than three officers or officials designated by the Minister for defence, which call upon the unit commander, authorized person, soldiers or the person who represents their interests, as well as relevant experts, if the accident is caused by a soldier's death, severe health problems or have suffered in the accident, two or more soldiers regardless of health problems;
29.2. the Minister created a Special Commission of inquiry if the accident was caused by two or more soldiers ' deaths.
30. special investigation, the Commission or the designated officer made within 15 working days of the accident investigation and draw up a specific act or write an opinion on accident. The special investigation, the time limit may be extended by the officer who issued the order on the investigation.
31. The medical establishment within three days after the accident occurred and the unit commander (boss), the Special Commission of inquiry or request, the designated officer shall issue a certificate of the accident victim's soldier's medical degree (annex 4).
32. If the soldier died in an accident caused by the loss of capacity during a special investigation of the death of many soldiers, if you have not previously made a special investigation.
33. The Special Investigation Commission of investigations special or the designated officer is entitled: 33.1. to request a written or oral explanations from the unit commander (boss), witnesses, injured soldier and officers;
33.2. require Divisional Commander (boss): 33.2.1. external specialists and experts;
33.2.2. ensure the ability to perform technical calculations and laboratory tests, to photograph the corrupted objects, and accidents, perform other special investigation work, as well as to request, in accordance with paragraph 6 of these rules cover the expenses associated with those measures;
33.2.3. submit special materials needed for the investigation and inquiries;
33.2.4. ensure that special investigative Commission or the designated officer to the vehicles and communication means;
33.2.5. ensure that special investigative material reproduction;
33.2.6. provide special persons involved in the investigation with the necessary protective clothing, footwear and other personal protective equipment;
33.3. to require the national authorities to the accident investigation special copies of related materials.
34. The Special Investigation Commission or the designated officer at the special investigation, based on the findings of the investigation materials, dial or write the opinion. If the victim is an officer or soldier virsdienest (instructor), the Act shall be made or opinion to write six copies, but if compulsory military service, soldiers — five copies.
35. In the event of an accident sustained by several soldiers, the Act shall be made or opinion and this rule 26.5. referred to in the communication on the consequences of the accident type for each victim or the victims.
36. special investigative materials are: 36.1. Act or opinion;
36.2. the location plan, diagram, photos, video and other material;
36.3. the witness and a written explanation of the officials;
36.4. orders, orders, decisions, instructions and other documents related to the accident;
22.7. news about the injured soldier briefing and training;
22.7. the object, the weapons, vehicles, equipment and other objects of conformity assessment of technical condition of the materials, as well as the environment in which the accident occurred, dangerous or harmful factors analysis materials;
22.8. treatment services certificate (annex 4) or death, a copy of the identity document;
22.9. the hospital's statement about a soldier's medical condition before the accident;
22.9. law enforcement authorities approval, when suicide;
36.10. professionals and experts;
36.11. extracts of orders, orders and regulations, which provides for measures to guarantee the security of the service conditions laid down for the implementation of the measures and the persons responsible;
36.12. order or an order for a Special Commission of inquiry.
37. The Special Investigation Commission or the designated officer following the Act or opinion and investigation material design within three working days, send to: 37.1. the special investigation unit of the original material to its commander (boss) who is the victim of a soldier;
37.2. special copies of materials and of investigation or opinion: 37.2.1. Ministry of defence military personnel section;
37.2.2. the Commander who issued the order on the investigation;
37.2.3. State social insurance agency (for officers and virsdienest soldiers (instructors));
37.2.4. the public prosecutor's Office to the industry;
37.2.5. soldier victim or the person who represents their interests, or opinion.
38. the special investigation unit of the receipt of the material for the Commander (boss) to act in accordance with the provisions of paragraph 26, as well as a written notice to the Department of Defense military personnel Department of the causes of the accident prevention measures.
IV. Overseas the accident investigation is 39. If the accident victim soldier who on official duties outside Latvia, the investigation shall be conducted in accordance with the laws of the State in whose territory the accident occurred, if international agreements do not specify a different agenda.
40. A foreign country provided documents confirming the accident, be assimilated these rules referred to in paragraph 14 of the Act, if the following requirements are met: 24.9. the information contained in the documents clearly demonstrate that the soldier to whom they are issued, is the victim of an accident;
40.2. the documents issued abroad attached notarized translation into Latvian language;
40.3. the soldier that the document issued under the international treaties and other laws and procedures of the relevant foreign State certifying the authenticity of documents issued.
41. A soldier or a person representing his interests in a foreign country the accident the supporting documents shall be submitted to the Department of Defense military personnel department, but their copies to the Department in which he performs (filled). In the event of an accident the victim officer or soldier virsdienest (instructor), Department of Defense military personnel department said copies of the documents within five working days after the receipt sent to the State social insurance agency.

42. to find out what had happened to soldiers abroad accident causes and consequences, the Defense Minister to the country in question can take command of the Ministry of defence or the Ministry of defence officials under the authority or the Department concerned, held by the officials.
V. accident records 43. Accidents, for which the drawn or written opinion, the Department, which has suffered a soldier (died) in the accident, and the Ministry of defence military personnel chapter lists and records the accident victims of soldiers counting journal (annex 5).
44. The Ministry of defence of the military staff of the Department and the relevant departments of the foreign country the accident recorded after a soldier or a person representing his interests, 40. these provisions provide the documents listed.
Vi. monitoring and compliance with the provisions of the liability for non-compliance with the provisions of 45. Compliance with these rules is supervised by the Ministry of defence, the Department of the military staff of the national armed forces Commander and the national armed forces Commander under way under the unit.
46. For the infringements of the Divisional Commander (boss), and other officials called off the military rules, regulations and other statutory responsibilities.
 
Prime Minister v. krištopans Defense Minister Kristovskis g.».