Cabinet of Ministers Regulations No. 28 in Riga 2017 January 10 (pr. No. 2 18. §) rules for the order in which the site is leased to service national real estate customs control points, and the standard lease Issued in accordance with the provisions of the Customs Act article 21, third paragraph, (I) General questions 1. determines: 1.1., arrangements are in place to hire a service to the public in real estate in the territory of customs control points; 1.2. the rent determination methodology and its exceptions, as well as lease agreements required in standard conditions. 2. The terms used in the following terms: 2.1 the renter – the object of the lease holder or Manager; 2.2. the lease object-location (State real estate) for the provision of the service of customs control points; 2.3. the tenant-rental of the applicant with which the lessor concludes a contract of lease leasing object; 2.4. the notional rent-leasehold rent determined in accordance with the Cabinet's June 8, 2010 the regulations no 515 ' provisions for public people property lease, rent-setting methodology and standard lease conditions "(further – the Cabinet of Ministers Regulations No 515) methodology or referred to under the Cabinet of Ministers on 30 October 2007 the provisions of no rules on public" 735 persons land lease "(further – the Cabinet of Ministers Regulations No. 735) that the land not built on the rent calculation procedures If the rental object lease is governed by private law.
II. agenda of the lease object leasing 3. Decision on the transfer of the lease object to the lessor of leasing to adopt, pursuant to article 21 of the Customs Act. 4. The lessee shall establish written auction (auction), taking into account the criteria referred to in these provisions. 5. The lessor shall establish the Commission, which is holding the auction, take decisions and perform other activities referred to in these provisions of the lease object letting process (hereinafter referred to as the Commission). 6. the Commission shall consist of at least three members of the Commission. The Commission made up the object of the lease holder or Manager or other State or local government bodies. The members of the Commission before the auction rules development sign a declaration that there are no circumstances which would lead to believe that they are interested in a particular lease or operation of the applicant's choice. 7. the Commission shall draw up and approve the auction rules. Charter specifies the auction application space, time, and the submission deadline, the auction procedures, financial opening space and time, as well as the following requirements for lease applicants: 7.1 lease applicant is registered in the commercial register or the register of taxable persons; 7.2. the auction date of the application the applicant shall not lease tax debt or the payment deadlines are extended to the law on taxes and duties in accordance with the procedure laid down and lease the applicant fulfilling debt obligations; 7.3. the company founders or company officer with the right to represent the company, sole proprietor or operator of the economic activities is not criminally prosecuted for a criminal offence in the economy; 7.4. If the rental object is located at the border crossing point, the founders of the company or a company officer with the right to represent the company, sole proprietor or economic operator judgment which has the force of res judicata is not found guilty of any criminal offence related to trafficking in human beings, terrorism, espionage, illegal transfer of persons across the State border, smuggling, drugs or psychotropic substances, weapons, radioactive substances, bribery, bribes, bribes, embezzlement to bribery via the not allow participation in property transactions, trading with the impact illegal benefits, adoption and application, as well as going to illegal crossing of the State border; 7.5. in the last 12 months prior to the auction date of submission of the application, the applicant is not the rental law repeatedly punished for infringements of trade, administrative services, finance, or business in the customs area; 7.6. the lease applicant is issued with a special permit (license) commercial or business activity law cases; 7.7. other requirements and criteria for specific commercial or economic activities. The requirements laid down by the Commission must not lead to unjustified restrictions on the right of the applicant to lease. 8. the Commission shall publish the auction rules and the following information about the rental object and auction: 8.1 the lease object the purpose of hiring; 8.2. the lease object that describes the information (such as address, cadastral number or cadastral designation area); 8.3. the Commission defined a lease object the notional rent; 8.4. the hiring date; 8.5. other letting conditions, if any, provided for by the laws or those determined by the lessor; 8.6. the tenant applicant login period, of not less than 15 working days from the auction date of publication of the Statute; 8.7. the draft lease agreement; 8.8. the rent object, location and time of the inspection. 9. This provision of the information referred to in paragraph 8 shall be published in the national joint stock company "national real estate" and the State revenue service tīmekļvietn. If objective reasons, there are no restrictions on access to public spaces, that rule 8 the information referred to in paragraph (except the lease project) deployed in public place customs control points, indicating the place and time at which the lease may be familiar with the project. In addition the grantor may also use other forms of communication of information, in order to have the broadest possible rental applicants. 10. Rent can only lease it to an object on which it is published according to the procedure referred to in these provisions, except when the extended existing rental contracts: 10.1 the lessor pursuant to the public interest and efficiency considerations, have the right to decide whether to extend an existing lease term (not by auction) or rent a lease object to another tenant in the order mentioned in these provisions; 10.2. extending the lease, the lease agreement provided that the total duration may not exceed half of the Public funds of the persons and belongings of waste prevention the statutory term of the lease and the rent is reviewed at least every six years; 10.3. extending the term of the lease, the lessor not later than two working days after the lease term extension provides appropriate information, publication of this rule 9, paragraph tīmekļvietn of the institutions. 11. the lessor has a right not to renew the lease with a tenant who does not fulfil in good faith the lessee's obligations specified in the contract or any other contract concluded with the lessor, including outstanding indebtedness has renter or landlord to have information on the person's public real estate maintenance services required for payment of debts. 12. any person has the right to consult the information on the State of the object of lease, as well as receive other information in the possession of the lessor, and familiar with the lease object in nature. 13. To log in this rule referred to in paragraph 4, auction, lease applicant: 13.1 contributions specified in the rules of the auction bank account security double rent object published monthly notional rents; 13.2. the lessor shall be submitted for participation in the auction application. The application shall state: 13.2.1. the merchant name (company), registered office, merchant and tax single registration number or operating a reviewer's name, surname, address and declared tax payer registration code; 13.2.2. special permission (license) and the series number, if the commercial or business activities in accordance with the laws and regulations need special permit (license); 13.2.3. information on the rental of the applicant's resources and experience in the provision of services; 13.2.4. for information on the rental of the applicant's conformity with the requirements of the Commission and to the criteria for a specific business or economic activities; 13.2.5. leasing object representative information (such as addresses, cadastral number or cadastral designation of the area); 13.2.6. other information that is listed in the auction rules. 14. Rental of the applicant the application for participation in the auction include: 14.1. specific pattern evidence (annex 1) and, if the communication has taken place on the advertised auction to other lease applicants, including information on communications with competitors with respect to this auction (annex 2); 14.2. in a closed envelope, the financial offer, which contains the proposed rent. On the envelope indicates that the financial offer is submitted in writing to the auction, lease information and describes the object of lease rights to the applicant personally identifiable data; 14.3. the document proving the deposit of security. 15. requests to participate in the auction recorded in order of their receipt, indicating the date and time of receipt, as well as rental applicants. The application is stored in a closed envelope to the limit set by the Commission an application for the opening of the auction the moment. 16. at the request of the Commission, the applicant submits to the rental of additional documents and news related to the commercial or economic activity (for example, employment contracts, powers), except the information which the Commission can obtain in public databases. 17. The auction people who participate in the application and this provision 14. documents listed for participation in auction submitted within the time limit fixed by the Commission and comply with the auction rules. 18. The lease object does not rent lease applicant, if last year the renter is unilaterally terminated the contract concluded with the applicant on the other property, because the contract is not fulfilled the obligations laid down in, or have entered into force with the Court ruling, under which terminated with the conclusion of the contract the lessor for the use of the property. The lessor has a right not to lease lease lease objects to the applicant who has not performed in good faith with other lessor lessee specified in the contract, including the outstanding debt is to the lessor or the lessor's information about the person's public real estate maintenance services required for payment of debts. 19. the financial bid opening auction rules for the specified date, time and place of the Commission. 20. the Commission will auction rules for the specified date, time and place those present declares that the receipt is completed and started an auction. This notice will no longer be accepted not filed personally or by mail sent to the application. 21. the financial opening of tenders is open. 22. at the opening of the financial bids member named tenant applicants, auction filing date and time, as well as lease the rent proposed by the tenderer, and all the members of the Commission subscribes to the financial offer. Financial opening is recorded. Oral offers auction is prohibited. 23. After the opening of all financial announces that the auction ended, as well as naming the highest rent and tenant applicant. Notification of the results of the auction are recorded. 24. If, after the tenders have been opened, all finance reveals that the number of rental applicants offered the same high rent, the Commission shall take one of the following: 24.1. continue the auction, accepting written offers from financial lease applicants who are offered the same higher rent if they participate in financial opening of tenders, and organizes the supply of finance immediate opening; 24.2. requesting a written lease applicants who are offered the same highest rent, to make writing your own financial deals for the potentially higher rents, the financial and the submission of tenders, opening of the date, time, location and agenda. 25. If the financial offers proposed in the rent is less than the published object conditional lease rental fee, the Commission shall decide on the exclusion of the applicant tenant from participating in the auction. 26. If the published lease applicant login limit is not logged on, no lease applicants, the Commission shall decide on the organisation of the auction, subject to this provision as referred to in point 9 of the agenda, of the publication and can lower the imputed rent, pursuant to Cabinet of Ministers Regulation No 515 of those requirements in the determination of rent. 27. the Commission approved the auction results and three working days after the results of the approval shall ensure the publication of information concerned this provision 9 institutions referred to in paragraph tīmekļvietn, at the same time informing all auctions members of the decision taken. 28. The lessor shall lease to the tenant, the tenderer who offered the highest rent. Rental of the applicant within the time limit set by the lessor, of not less than five working days, signing a rental contract or a written notice of the refusal to sign the lease. If, within that period, the lease contract is not signed by the applicant and submitted the refusal, is considered a tenant from the lease contract the tenderer's locking is refused. 29. If a tenant-the tenderer who offered the highest rent, refuses to sign the rental agreement or lease is deemed legal by the applicant of the rent contract has refused, or lease is not the fault of the applicant signed the transfer of space-making Act, paid a security lease is not refunded to the applicant. 30. If a tenant-the tenderer who offered the highest rent, refuses to conclude a rental contract or lease is deemed legal by the applicant of the rent contract has refused, the lessor can offer a written lease agreement to conclude the lease rights to the tenderer who offered the next highest rent. The Commission shall, within two working days following the dispatch of the said offer shall ensure the publication of information concerned this provision 9 institutions referred to in paragraph tīmekļvietn. 31. Information on the conclusion of the lease contract within two working days after the signing of the lease agreement shall be published in the rule 9, paragraph tīmekļvietn of the institutions. 32. paragraph 26 of these rules in the case, if the object of the lease rent for the reduced notional rent, the lease shall not exceed one year. 33. the lessor has the right to rent for the duration of the contract, based on the tenant's suggestion, to revise the rent, if changes in the real estate market segment. The review of the rent, the amount determined in accordance with the Cabinet of Ministers Regulation No 515 or the Cabinet of Ministers Regulations No. 735 of the rent determination procedure. If the revised rent is lower than the rent stipulated in the contract of rent, the reduction may not exceed 20% of the rent. The rent does not reduce the first year after the date of conclusion of the contract of lease.
III. should the standard lease provisions 34. Lease Agreement shall contain the following conditions: 34.1. the object of the lease; 21.3. the lessor and the lessee personally identifiable data; 21.3. the lease object the purpose of use; 21.4. rent and management fees, payment procedures, review procedure, additional charges, including the cost of the lease object to the insurance, real estate tax refunds or property maintenance services required (such as heat, electricity, gas supply, water supply and sewerage services, municipal waste removal) costs, communications costs and other costs under the contract of lease payment; 34.5. the rights and obligations of the parties; 21.5. the liability of the parties about the contract default; 21.6. the term of the lease; 21.6. the dispute settlement arrangements; 21.7. the conditions for the expiry of the contract, including the right to unilaterally withdraw from the rental contract. 35. In concluding the lease contract must not differ from the published conditions of the lease. The rent stipulated in the contract may not be lower than the auction results (except in the case where the rent is changing that rule 36 and 38 in the cases referred to in paragraph). By mutual agreement between the parties, published the draft lease agreement before signing might not significantly change, subject to the conditions referred to in this paragraph. 36. The lease contract provides that the lessor is entitled, by sending a written notice to the lessee, the rent change unilaterally without amendment of the contract in the following cases: 36.1. where the Central Statistical administration of the consumer price index relative to the last rent changes a day more than 10%. In this case, the rent increase is determined from the second year of the lease, according to the Central Statistical Administration provide indices of consumer prices; 36.2. If, in accordance with the laws and regulations are introduced to new or increased taxes, fees, taxable object or its value. In this case, the lease contract for additional payment amount is changed from the date set out in the relevant legislation; 36.3. If the regulations require a different amount of rent or the rent calculation procedures. 37. The lease contract provides that the lessor is entitled to change the rent 36. these provisions in the cases referred to in paragraph 1, if the rent increase for the year is less than the preparation and dispatch of the communication costs.
38. The lease contract provides that the lessor is entitled, by sending a written notice to the lessee, unilaterally revise and change the rent without amendment of the Treaty, the application of the Cabinet of Ministers Regulation No 515 or the Cabinet of Ministers Regulations No. 735 of the said procedures for the determination of rent. 39. The lease contract provides that the lessee may not deliver the rent object or its part of the sublet. 40. The lease contract provides that the lessor has the right to be informed in writing of the lessee in the contract within the time limits of not less than two weeks and longer than two months, unilateral departure from the rental contract, the lessee does not pay the damages, related to the early termination of the contract, and the necessary and valid expenses that the tenant had made it the object of the lease if the lessee's activities: 24.9. is broken the lease object; 40.2. the tenant is more than 30 days without paying rent or not settled for management services or real property maintenance services required (such as for heat, electricity, gas supply, water supply and sewerage services, municipal waste), or communications services; 40.3. the tenant is more than 30 days to prevent the real estate tax or payment of the refund; 25.1. all or part of the lease object is passed to the sublet; 25.2. the tenant does not comply with the conditions of the lease object; 25.2. the tenant does not comply with the provisions referred to in paragraph 7; 40.7. the lessee is eliminated and excluded from the commercial register or the lessee is excluded from the State revenue service taxpayer registry as an economic operator; 25.4. the tenant 30 days after conclusion of the contract for the provision of the service has not started the rental object or for a longer period than 30 days has stopped the service rental facility. 41. If the investment the obligation of the lessee in the lease conditions for the published or rental contract period investment in the writing of the lessor, the lease shall provide that: 41.1. the lessee is entitled to initiate the works after the lessor has provided construction technical survey prescribed regulations, including the fixation of the shipbuilding photo; 41.2. the lessee is obliged to provide the guarantee of the construction according to the shipbuilding group and in compliance with legislative requirements. Construction of the guarantee must be valid even if the lease is terminated before the expiry of the guarantee, and in this case the premises owner is entitled to apply to the contractor's requirement to eliminate the guarantee of entitlements established in the course of construction deficiencies or defects. The renter is obliged before commencement of the construction works of the lessee and lessor submit contractor's signed acknowledgement of receipt of the said requirements; 41.3. the lessee is obliged to carry out the works in accordance with the laws and regulations according to law in developed and coherent (including with the lessor) and the lessor the accepted construction cost for the execution of them attracting only a contractor or skilled specialists, which according to the specific legislation are entitled to carry out the relevant works; 25.7. the lessee is obliged within one month after the completion of the works to submit legislation to the lessor for commissioning, building cadastral Affairs, determine izpilddokumentācij, including izpildshēm, izpildrasējum, cover design and the relevant provisions, the compliance certificates and declarations about the used materials, the installed equipment and mechanism guarantee certificates and the technical passport, operating and maintenance instructions, installation, testing and inspection of systems and protocols, staff training and other implementation instructions for the documents. The obligation to submit to the landlord on the tenant of izpilddokumentācij is also where the works are not fully completed and the site is not in service. 42. The lease contract provides that the lessor has the right to be informed in writing of the tenant two months earlier, unilateral departure from the rental contract, the lessee does not pay the damages, related to the early termination of the contract, if the object of lease lessor required customs control, border control, food control and veterinary service or other public authority tasks. 43. The renter does not pay the lessee the lease object investments made, except in the following cases: If the lessor unilaterally 43.1. resign from the contract before the expiry of the lease object to the lessor, as required for the statutory public function and the tenant carried out in good faith the lease contract; 26.8. If the lessor in the published auction rules is intended by the tenant of an obligation and the investment amount and tenant lease agreements fulfil in good faith the obligations. 44. If the lessee performed in good faith the lease contract and the provisions referred to in paragraph 41, the lessor to the lessee to pay the necessary and valid expenditure that the lease agreement termination the moment determined by the certified appraiser. Precious necessary and valid expenditure shall be determined in accordance with the provisions of the civil code, taking into account the necessary and valid lease depreciation expenses for the duration of the contract and other circumstances, assessing the cost of the work carried out in compliance with the market prices to work out, as well as to pay the expenses that were recovered in another way, for example, contain water, heating charge service fees.
IV. final question 45. Permits and lease contracts concluded before the entry into force of the provisions of the applicable legislation in force, the switch of the relevant lease. Prime Minister Māris kučinskis financial Minister Dana Reizniec-annex 1 oak Cabinet 2017 January 10, Regulation No 28 proof of independently developed offerings lease applicant (name, registration number) (hereinafter the applicant), giving full and true information regarding the written procedure (name) (hereinafter referred to as the auction) certify that: 1. The applicant is familiar with this receipt and agrees with the contents. 2. The applicant is aware that can be excluded from participating in the auction, if the proof revealed that this is not in any way a complete and true. 3. The applicant is authorised by each person whose signature is on offer, the applicant to sign the receipt on behalf of the applicant. 4. The applicant shall inform that (mark the appropriate): ☐ 4.1. have submitted a tender regardless of konkurentiem1 and without consultation, contracts, agreements, or other communications with the competitors; ☐ 4.2. it has been consulting, contracts, agreements, or other communications with one or more competitors in connection with this auction, therefore the applicant this receipt shall be accompanied by a complete and truthful information on the applicant's communication with competitors with respect to this auction (annex 2), showing the names of the competitors and the following communication objectives, nature and content. 5. Applicant (except in the case where the applicant for such communication has announced a 4.2 in accordance with the receipt) to any of the competitors had no communications relating to: 5.1 the prices; 5.2. methods for the calculation of the price factors (conditions) or formulas; 5.3. the intent or decision to participate or not to participate in the auction (submit or not to submit an offer); 5.4. the submission of tenders which do not satisfy the requirements of the auction; 5.5. the quality, quantity, specification, execution, delivery or other conditions that are to be addressed independently of its competitors, the products or services covered by this auction. 6. The applicant does not knowingly, directly or indirectly, disclose and will not disclose the terms of the offer not one competitor before the official opening date and time, or the award of the contract or is it a particularly open in accordance with point 4.2 of the attestation. 7. The applicant is aware that the competition act has specific responsibility for the unlawful agreement that provides for fines of up to 10% of the offenders in the last financial year's net turnover. Exception – if the competent competition authority, found a breach of competition law, the candidate who has become the programmas2 tolerance has cooperated with it, from fines or reduction of fines. The notes. 1 in the context of this certification by the term "competitor" mean any natural or legal person who is not the applicant and which shall: 1) this auction; 2) taking into account the qualifications, abilities or experience, as well as the goods or services offered, could submit a bid for that auction. 2 program that the company that is or was involved in a cartel, the Cabinet of Ministers of 29 September 2008 the Regulation No 796 "procedures would be fine on competition law article 11, first paragraph, and article 13 provides for the irregularities" in that order granted full exemption from the fine that it first voluntarily submit evidence to the competition Council on the infringement, or reduction of the fine for cooperation with the competition Council in the detection of the offence If the total exemption from fines is not available.
Date (signature) financial Minister Dana Reizniec-annex 2 Oak Cabinet 2017 January 10, Regulation No 28 information on tenant applicant (name, registration number) communications with competitors in connection with the written name of the auction No.  p. k. Competitor, which has been in the communication (the person's name, registration number or personal ID code) communication, purpose, nature and content of the date (signature) financial Minister Dana Reizniec-oak