Rīgā Ministru kabineta noteikumi Nr. 28 1994. gada 11. janvārī (prot. No. 4, 25) rules issued by the Counterintelligence constitutional procedure laid down in article 81, these rules determine what is Counterintelligence and Counterintelligence Services, as well as the legal status of these services and the location of the national security system, their operational objectives, principles and tasks of counterintelligence services obligations and rights and governing the Counterintelligence Services financing, monitoring and control.
Chapter 1 General provisions article 1. Counterintelligence-Counterintelligence is: 1) information about the spying and other intelligence activities, sabotage, or operator's terrorist acts prepared or foreigners, foreign bodies, organisations or on behalf of the citizens of the Republic of Latvia, as well as the collection of information on international terrorists and their activities on behalf of the national interest and security threats of violent state constitutional equipment hazards, about national security information relating to the unauthorized spread;
2) measures taken to prevent or stop these actions and their consequences.
2. article. Counterintelligence Services and their operating limits (1) the Counterintelligence services have separate institutions or bodies of the Department, which in accordance with these rules take Counterintelligence functions statutory competence.
(2) the Counterintelligence Services prohibited: 1) to perform security functions;
2) make criminal sanction an investigation;
3) in its composition or under armed military units to build.
3. article. Counterintelligence service activities legal basis Counterintelligence Services activities legal basis is Constitutional, operational law, these rules, as well as other laws and regulations, international treaties and conventions on national security and defence, which shall be concluded or acceded to by the Republic of Latvia.
4. article. Counterintelligence Services fundamentals (1) Counterintelligence Services in compliance with the following guidelines: 1) all their scope of legitimacy and authority control in accordance with the procedure prescribed by law;
2) person equality before the law irrespective of their nationality or race, gender, position, material or service status, religious belief or party affiliation;
3) and the legitimate rights of the persons and guaranteeing them the freedom a priority;
4) linking national organisations and public political movements;
5) without the intervention of public and political organizations and public institutions, which complies with the Constitution;
6) responsibility law and the Latvian people's front.
(2) the Counterintelligence Services activities and forms, as well as the applied features in each specific situation must be sufficient and appropriate national security type, form, intensity and the degree of danger.
5. article. Counterintelligence Services the main task of the Counterintelligence Services main tasks are: 1) the Counterintelligence information collection;
2) Counterintelligence coordination between the counter-intelligence services;
3) political, economic, social, military, scientific, technological and other national security, defence and economic sovereignty threats related to information collection, storage, analysis and use in accordance with the procedure prescribed by law;
4) State secrets and other important State interests;
5) national security, prevention or predicting neutralization;
6) proposal, recommendation and development program national security matters;
7) public institutions and public administration the timely and complete information on any national security threats;
8) collection of information about a particular person, if you need it for decision on the question of conformity with this person to work with important public service and institutions or bodies linked to the State or other secrets protected by law;
9) of information and material about detected crime, national security, the competent authorities of the submission in accordance with the procedure prescribed by law.
6. article. Gathering information (1) in matters within their competence, counterintelligence services: a) collects public information;
(b) official information) German national and municipal institutions, as well as companies (enterprises), organisations and institutions;
(c) calls on the parties to provide) the available information;
d) come to foreign institutions to receive the information in their possession.
(2) in matters within their competence, counterintelligence services have the right to ask the institutions are operational entities, to take concrete measures within their competence, information-gathering tasks.
Chapter 2 counterintelligence service and Counterintelligence Services Manager Council article 7. Counterintelligence Services of the Republic of Latvia has the following services: 1 counter) the constitutional protection Office;
2) the Ministry of the Interior police;
3) Ministry of defence counter-intelligence service;
4) National Guard Headquarters information service.
8. article. The constitutional protection Office (1) the constitutional protection office is not an unarmed public institution which is subject to the National Security Council and the Council shall take the prescribed amount in counterintelligence.
(2) the constitutional protection Bureau works on vienvadīb.
(3) the constitutional protection Bureau is entitled to make inquiries and is operational.
(4) the constitutional protection Bureau is a legal entity, has a seal with the Republic of Latvia, the big picture of the national coat-of-arms and the full name of the Office.
9. article. The Ministry of defence counter-intelligence service (1) the Ministry of defence counter-intelligence service institution of the Ministry of defence is carrying out military counterintelligence.
(2) the Counterintelligence services have operational entity that does not perform inquiries and investigations.
10. article. The Ministry of the Interior Security Police (1) the Ministry of the Interior security police is the Ministry of the Interior Department, which officials in the national police services and subject to the law "on the police", to the extent not in conflict with these rules.
(2) the security police's operational activities, and it is the cognitive powers of authorities and the law.
(3) security police take military counterintelligence, also in the field of organised crime, and ensure the protection of State secrets.
11. article. The National Guard Headquarters information service (1) National Guard Headquarters information service is a National Guard Headquarters unit whose officials are constantly employed in the National Guard Headquarters.
(2) the National Guard Headquarters is operational information service operator rights, except the right to carry out operational activities in particular, but it has no cognition and investigation authorities and powers.
(3) the National Guard Headquarters in the information service of the National Guard carried out counter-espionage framework.
12. article. Counterintelligence Services Council of Governors of the Counterintelligence Services Coordination Office for constitutional protection under the head of the Counterintelligence Services Council.
Chapter 3 the constitutional protection Office's operations organization Article 13. The constitutional protection Office's official status the constitutional protection Office's official status is determined by the civil law, in so far as that person's status is not regulated by these regulations.
14. article. The constitutional protection Office Director (1), the Director of the Office for the protection of the Constitution (hereinafter – Director) appointed and released from Office by the Parliament at the proposal of the National Security Council.
(2) the Director of the constitutional protection Office's activity reports in the National Security Council and the parliamentary National Security Commission.
(3) the Director is the head of the Council of the Counterintelligence Services.
(4) the Director shall determine the jurisdiction is entitled to issue the constitutional protection Office officials binding legislation.
15. article. Duties of Directors (1) the Director, pursuant to the National Security Council instructions: 1) coordinate Counterintelligence Services;
2) determines the requirements and priorities of the Counterintelligence Services information collection;
3) coordinate Counterintelligence cooperation with foreign special services.
(2) the Director: 1) together with the Counterintelligence services managers develop and after coordination with the National Security Council to submit to the Cabinet of Ministers and the Saeima Counterintelligence Services annual budget projects;
2) organizes the information evaluation;
3) eliminates unnecessary parallelism and duplication in the activities of the intelligence services;
4) take pieciešano measures to ensure information sources and operational methods against their unauthorized disclosure;
5) with the relevant national regulatory authorities shall coordinate to be appointed head of the Counterintelligence Services proposed;
6) and, together with the relevant national authority, managers approve the procedures used for these institutions, as well as the technical means and all types of media if necessary statutory Counterintelligence Services tasks;
7) other statutory functions.
16. article. The Director's right to (1) the Director is entitled to: 1) give written tasks Counterintelligence Services of the rules referred to in article 5 the main tasks;
2 the performance of these rules) article 15 obligations, give written instructions to the Counterintelligence Services;
3) within their competence to do Counterintelligence Services; written instructions from the Director of these checks can take his specially created by the Commission or by the authorized officials of the Office for the protection of the Constitution;
4) fully familiarize yourself with the Counterintelligence Services internal documentation (regardless of its degree of secrecy), with the written permission of the Director can do specially authorized officials of the Office for the protection of the Constitution, but with the information source can be consulted only in the identity of the Director personally, receiving a National Security Council authorisation.
(2) The first subparagraph of article 1 and paragraph 2 of the Director referred to the tasks and instructions Counterintelligence Services are mandatory. The Director in the event of non-compliance against the event officials are entitled to institute disciplinary proceedings and refer by jurisdiction. The Director's decision can be appealed to the National Security Council.
Article 17. The constitutional protection Office's responsibilities and rights in the constitutional protection Office: 1) National Security Council within the limits laid down in German, accumulates, codified and analyzes all types of counterintelligence information;
2) National Security Council in the order and to the extent any of the information received from the other Counterintelligence Services, carried out its processing and analysis, if necessary, additional testing, as well as the National Security Council in the order sends its users;
3) of the code of criminal procedure of Latvia in accordance with the procedure laid down for the crime made national security;
4) other statutory functions.
Chapter 4 Counterintelligence officials ' rights and obligations Article 18. Counterintelligence officials (1) in matters within their competence, counterintelligence officers are entitled to receive from the State and municipal bodies and officials the necessary information, documents and other materials, regardless of their usage behavior. The information, documents and materials must be provided free of charge.
(2) in matters within their competence, counterintelligence officers have the right to acquaint themselves with all sorts of national and local media, including electronic data bank archive materials, files and other documents, regardless of their usage behavior.
(3) in the course of their duties the law "on police" cases provided, enter (enter) authorities, companies, organisations and individuals in owned non-residential premises and plot areas, national armed forces subunits, with the exception of the space and land areas that have extraterritorial status.
(4) officials of counterintelligence services have the right to keep and carry service or personal weapons and special features of the head of the Counterintelligence Services. The use of weapons and special means, must follow the law "on police".
19. article. (1) the protection of information in Counterintelligence Service staff without head of service or Director of special authorisation is prohibited to disclose information that they become known or available in the course of their duties.
(2) the Counterintelligence Services (retired) former employees are prohibited from disclosing information that they become known or available through the service, except as provided for in the third paragraph of this article.
(3) the head of the Counterintelligence Services, Director of the National Security Council or consent of the Counterintelligence Services to existing or former employees cannot be required to provide evidence of the facts or information of which they have become known or available, the performance of their duties.
(4) in order to ensure that the Counterintelligence Services transaction confidentiality and prevent the public disclosure of information and professional secrecy, this staff gives the oath of secrecy: "I, (name), swear that, without a special authorization does not tell or not tell any body or person of the information I have become known or available in connection with the exercise of official duties."
(5) the Person who violated the provisions of this article, is called to the statutory liability.
5. Chapter service Counterintelligence Services article 20. Counterintelligence officials (1) the right to occupy the post of counterintelligence services to the citizens of the Republic of Latvia, which correspond to the State civil service law and Counterintelligence services regulatory legislation, which is the public service requires ability, health, education and practical training and who are fluent in the State language.
(2) in exceptional cases, foreign nationals and stateless persons are allowed to occupy positions in the Counterintelligence Services for a certain period of time, to perform expert or advisory functions and with special panels of the Cabinet's permission.
(3) trust in the Republic of Latvia Counterintelligence officials confirmed by oath. Starting to fulfill their duties, officials are giving the following oath and signature: "I swear to be faithful to the Republic of Latvia and serve people of Latvia, undertake in good faith to fulfil the duties entrusted to me, to carry out the Constitution of the Republic of Latvia and other laws, undertake not to divulge State secrets, knowledge and professional responsibility law and the Latvian popular front."
(4) the Counterintelligence officials are exempt from compulsory national service.
(5) the Counterintelligence Services officers qualifying examination and appraisal rules, sort it and training arrangements in the Counterintelligence Services.
21. article. Counterintelligence officials work in Counterintelligence Services officials are not subject to the statutory labour law working time and overtime work time of disqualification.
22. article. Counterintelligence officials to personal identification of the Counterintelligence Services for their endorsement of the mandate issued in accordance with a specimen certificate and badge.
Chapter 6 Counterintelligence Services Officer national defence and social guarantees article 23. Counterintelligence officials at national defence (1) Counterintelligence officials in the discharge of his duties, the protection of the State.
(2) any person and every citizen has the right and obligation to provide counter-intelligence services for the necessary and possible assistance. The people, providing assistance to the Counterintelligence Services officers, suffered damage, receive compensation in full from the Counterintelligence Service's budget.
(3) officials of counterintelligence services without the consent of the Attorney General cannot be held criminally liable, detained, subjected to shaking, the forced arrival, accommodations or service spaces, personal and professional transport search or view.
(4) the Counterintelligence Services officers on administrative infringement is not attachable by administrative and administrative liability called off, but the disciplinary punishment. In accordance with the Counterintelligence Services may propose disciplinary disciplinārnolikum against the Counterintelligence Services officials and impose them fine.
(5) a Person who does not comply with the Counterintelligence Service officers legal requirements and intentionally interferes with their tasks, are responsible in accordance with the procedure laid down by law.
24. article. Counterintelligence officials of counterintelligence services of the pension officials are granted retirement pensions under the legislation of the home and the protection of pension institutions.
25. article. Social guarantees Counterintelligence officials in case of injury or fatality
(1) if the Counterintelligence Services officers, their duties, are sustaining the injury or permanent disability and in accordance with the medical opinion can no longer perform their duties, their compensation is paid for from one to five years ' average wages, taking into account the degree of incapacity.
(2) if the injury results in a permanent disability, the compensation paid to the five to ten year average wage.
(3) if the Counterintelligence Services officers, their duties, is dead, the family set out in subsidiary legislation of compensation shall be paid one-time allowance for the ten-year average salary. The dead employee's funeral is being organised on the State budget.
(4) the losses due to the service damage to counterintelligence officials or close to his relatives, belongings recovered in full from the State budget.
26. article. Counterintelligence officials to mandatory medical checkup and treatment in Counterintelligence officials health situation are increased requirements, and have required regular medical checkup, as well as their medical treatment is provided.
27. article. Counterintelligence officials mandatory State insurance officials of counterintelligence services are subject to the compulsory State insurance for the Cabinet.
7. Chapter Counterintelligence Services structure and financing article 28. Counterintelligence Services bodies and approval of the list of posts and funding (1) Counterintelligence Services numerical composition, structure and posts to list down the Counterintelligence Services Manager, and it's consistent with the National Security Council.
(2) the constitutional protection office staff salaries, allowances and benefits shall be determined on the basis of a proposal from the Director at the National Security Council, the budgetary resources allocated to the framework. The rest of the Counterintelligence Service officers remuneration (base salary, allowances, benefits) shall be determined by the Cabinet of Ministers allocated country budget.
(3) the Counterintelligence Services activity is financed only from the State budget. The use of these funds and the internal control procedures determine the relevant head of the Counterintelligence Services.
(4) information about the Counterintelligence Services, internal structures and financial state is a State secret. The National Security Council shall determine the order in which this information is provided to the Minister of finance.
8. Chapter Counterintelligence Services transaction control and monitoring article 29. Counterintelligence Services General Management (1) Counterintelligence Services General management within their competence, by the National Security Council and Cabinet of Ministers.
(2) this provision within the National Security Council decisions should be taken with a relative majority of meetings involving not less than five members of the Council. These decisions must be made in writing and shall be valid if they are signed by the President and the Prime Minister.
30. article. Counterintelligence Services transaction control (1) Counterintelligence Services main tasks controls at the National Security Council.
(2) the activities of Counterintelligence Services parliamentary control carried out in accordance with the procedure prescribed by law the Parliament's National Security Commission, it also controls the operation of the Counterintelligence Services assigned to the national budget funds.
(3) the National Security Council and the parliamentary National Security Commission is entitled to consult the Counterintelligence Services documents and information, except for the documents concerning the secret sources of information.
31. article. Supervision over compliance with the law of the Counterintelligence Services supervision of counterintelligence services complying with laws made the Attorney General and his particular authorized prosecutors. Monitoring, they are entitled to consult the Counterintelligence Services in existing documents, materials and information. The identity of the source of information is disclosed only when they are directly involved in the crimes, a position this identity disclosed only to the Attorney General, but she specifically authorized prosecutors only with the permission of the head of the Counterintelligence Services; the identity of the source of information to detect surveillance order is prohibited. With the results no later than five days after its completion to be presented at the National Security Council, and the Parliament's National Security Commission.
Prosecutors, who monitor the Counterintelligence services have the same information as the obligation to protect this service to employees.
Prime Minister v. Birkavs Interior Minister Kristovskis g.».
