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The Amendments To The Act On State Legal Aid In

Original Language Title: Grozījumi Valsts nodrošinātās juridiskās palīdzības likumā

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The Saeima has adopted and the President promulgated the following laws: the Act on State legal aid to make the Act on State legal aid of the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 2005, nr. 8; 2008, nr. 15, nr. 14, 2009; Latvian journal nr. 178., 2010; 2011, 93, 132. no; in 2012, 75. nr.; 2015, 251. No.) the following amendments: 1. Add to article 3 of the fourth subparagraph by the following: "(4) the right to receive financial support for the injured person's rights or contested or legally protected interests related to child custody rights suspension or disqualification (financial aid) European Union Member State or in a third country (hereinafter: foreign), is the child's legal representative, who is a citizen or non-citizen (the Latvian national total) , according to this law, the conditions laid down in chapter IV2 and order. " 2. Supplement article 4 with the sixth part as follows: "(6) a Latvian National who has been granted the financial support must: 1) submit to the legal aid administration 14.10 of this law article 2 of the second paragraph of the documents referred to in paragraph; 2) to inform the administration of legal aid that process under the auspices of the child law, the suspension or disqualification is terminated, as well as on the changes above the news. " 3. To supplement the law with the Department following IV2: "IV2 chapter financial support and provision of Latvian nationals injured or contested rights or legally protected interests related to child custody rights suspension or imprisonment abroad 14.6 article. The provision of financial support (1) the State provides financial support to Latvian nationals injured or contested rights or legally protected interests related to child custody rights of termination or withdrawal, payment of legal aid provider abroad: 1) legal advice; 2) representation in proceedings or authority to review its decision, if the foreign laws do not provide for the proceedings in these processes. Representation, if settlement after a legal aid provider abroad provided legal advice is received his opinion on the usefulness and the need for representation. (2) nationals of Latvia in the first paragraph in the specified case, is entitled to receive financial support if: 1) he does not meet their subjects, which in the relevant foreign country has the right to receive legal aid, except in compliance with the criteria of the State property; 2) foreign country not legal aid system or in the case of the category is not for legal aid; 3) he corresponds to the subject, which in the relevant foreign country has the right to receive legal aid, have approached the national competent authority to receive this assistance, but the designated foreign legal aid provider said that legal aid in case it is not appropriate or legal aid is not likely to initiate or continue from the independent Latvian national circumstances; 4) there is a second part of this article 1, 2 or 3 above, is of Latvian National arrangements for the handling of cases by the legal aid provider abroad. (3) financial support, payment conditions and procedures determined by the Cabinet of Ministers.
9.1 article. The application (1) If the Latvian nationals wishing to receive financial aid, he shall submit the relevant legal aid administration application. (2) application form for samples and financial aid form submission procedures approved by the Cabinet of Ministers. (3) the application shall be accompanied by: 1) documents attesting that the foreign competent authority is the person warned or started the process of child custody rights suspension or disqualification; 2) refusal to provide foreign legal assistance or proof that a foreign country is not a system of legal aid or legal aid in the case of the category are not intended; 3) for information on the legal aid provider in accordance with this law, the second paragraph of article 14 paragraph 4, indicating the legal aid provider's first name, last name, or the name, practice address and contact details, the agreement on the provision of legal aid, the legal aid, and a document certifying the legal aid provider to provide legal aid to a foreign country, certified copies. (4) the application shall be submitted to the Latvian National Latvian language, adding a third part of this article documents. The legal aid administrative authority shall ensure that the competent authorities of the Court or foreign legal aid provider issued a translation of a document necessary for the administration of legal aid can take a decision on the provision of financial support, as well as this law guarantees referred to in article 14.10 Letter translation.
Article 14.8. Consideration of the application and decision making

(1) the legal aid administrative authority shall examine the application within 14 days from the date of receipt of the application or, where necessary, a translation of the documents attached to the application, a translation of these documents, from the date of receipt and shall decide on the granting of financial assistance. (2) if the application does not meet the requirements of article 9.1 of the law, the legal aid administration asked to eliminate the shortcomings noted by setting a time-limit which may not be less than 14 days. In this case, the decision on the granting of financial assistance or the refusal to grant the Administration accepted within 14 days from the date of all the necessary information and documents, or their submission deadline. (3) the legal aid administrative authority shall decide on the grant of financial support, if the person: 1) do not meet this law article 14 referred to in the first and second subparagraph; 2) is initially contacted the foreign competent authority with a request to provide legal aid, except in the foreign country is not a system of legal aid or not for providing legal aid in the case of a category; 3) asked financial aid in a case not related to the child's custody or deprivation of the right of termination of a foreign country; 4) asked financial aid in a case in which a foreign competent authority has not objected to the warning and has not started a process of child custody rights suspension or disqualification; 5) administration of legal aid is not made within the time limit set for the specified information or documents.
9.3 article. Opposition appeals against decision and order of the legal aid administration decision on refusal to grant financial support to Latvian nationals can be a challenge and appeal against this law, in article 26.
14.10 article. The legal aid administration letter of warranty (1) the legal aid administrative authority within 14 days after it adopted a decision on the granting of financial assistance, prepares a letter of guarantee on the granting of financial assistance, legal aid providers in foreign countries provide legal assistance for payment. (2) a letter of guarantee legal aid administration: 1) means the person for financial support, and the category in which the aid is granted; 2) informed of the financial support granted, payment conditions and procedures, as well as of the need to submit to the legal aid administration documents showing that the legal aid provider, foreign nationals of Latvia provided legal advice or representation provided.
Article 14.11. Suspension of financial support to the legal aid administration suspended financial support and inform the Latvian nationals, if he does not submit the legal aid administration 14.10 of this law the second part of the document referred to in paragraph 2, attesting to the provision of legal aid. " 4. Add to article 15, paragraph 4 as follows: "4) of the administrative procedure law and order." 5. Supplement article 21 with the words "as well as the cases stipulated in this law, appoint legal aid provider". 6. Supplement article 23 the ninth subparagraph with the words "and to administrative cases in which legal aid is to be granted by the administrative procedure law and order". 7. Supplement article 33 of part 6.1 as follows: "(61) the legal aid administrative authority shall appoint a person to the legal aid provider, if the judge or Court of the administrative procedure law and order received the decision. On the legal aid provider posting the legal aid administrative authority shall notify the judge or the Court. " 8. transitional provisions be supplemented by the following paragraph 20: "20. amendments in article 3 of this law on its complementarity with the fourth paragraph of article 4 and the addition of the sixth chapter of this law and IV2" financial support and provision of Latvian nationals injured or contested rights or legally protected interests related to child custody rights suspension or imprisonment abroad "shall enter into force on April 1, 2017." The law shall enter into force on March 1, 2017. The law adopted by the Parliament in 2017 of 2 February. The President r. vējonis Riga 2017 16 February