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The Saeima1 has adopted and
the President has proclaimed the following law:

On the Prohibition of Exhibiting Objects Glorifying the Soviet and Nazi Regimes and the Dismantling Thereof in the Territory of the Republic of Latvia

Section 1. Purpose of the Law

The purpose of the Law is:

1) to prevent the belittling of and threat to the values of Latvia as a democratic and national state;

2) to take a condemning position against the illegal occupying powers of the USSR and Nazi Germany and also the policies implemented and crimes committed thereby;

3) to promote public awareness of events in the territory of Latvia during World War II and in the post-war period, thereby strengthening the historical memory of society;

4) to ensure the restoration of historical justice - to prevent false, inaccurate, and biased representation of historical events and to honour the resistance of the Latvian people to the occupying powers of both the USSR and Nazi Germany.

Section 2. Purpose and Scope of Application of the Law

(1) The purpose of the Law is to ensure an efficient process of dismantling the objects referred to in Section 4 of the Law.

(2) The Law shall not apply to monuments, memorial signs, memorial plaques, memorial sites, architectural or artistic arrangements located at the burial sites of soldiers who have fallen in war, and also in the commemoration sites of the victims of Soviet or Nazi terrorism.

Section 3. Prohibition of Exhibiting Objects Glorifying the Soviet or Nazi Regime

It shall be prohibited to exhibit monuments, memorial signs, memorial plaques, memorial sites, architectural or artistic formations and other objects (hereinafter - the objects) which have been erected in the territory of Latvia since 1940 and conform to at least one of the following criteria in open public spaces, public structures or indoor spaces of public entities (except for accredited museums):

1) they glorify the occupying powers of the USSR or Nazi Germany, an event or person associated therewith;

2) they glorify totalitarianism, violence, military aggression, war, and war ideology;

3) they contain symbols of Soviet power or Nazism.

Section 4. Objects to be Dismantled

(1) This Law provides that the monument "For Soviet Soldiers - the Liberators of Soviet Latvia and Riga from the German Fascist Invaders" in Riga, Uzvara Park, is to be dismantled.

(2) Other objects to be dismantled conforming to the criteria specified in Section 3 of this Law shall be determined by the Cabinet.

(3) The decision on the dismantling of an object conforming to the criteria specified in Section 3 of this Law, except for the objects referred to in Paragraph one and two of this Section, shall be taken by the local government in the administrative territory of which the relevant object is located.

Section 5. Rules for Dismantling an Object

(1) When assessing the conformity of the object with the criteria specified in Section 3 of this Law, the time of its creation, the purpose of erection and the ideological message, the location (impact on the public environment), as well as the artistic value, architectural quality or cultural or educational significance of the original parts or fragments thereof shall be determined. Before the object is dismantled, the object shall be photographed and documented. If the original parts or fragments of the object to be dismantled have artistic value, architectural quality or cultural or educational significance, the object shall be documented using a three-dimensional laser scan before it is dismantled.

(2) The documentation and dismantling of the objects referred to in Section 4 of this Law shall be carried out by the local government in the administrative territory of which the relevant object is located.

(3) Within the meaning of this Law (if the relevant object is not a structure), the dismantling of the object shall mean the demolition or disassembly of the object in such a way that the relevant object no longer exists and also the reorganisation of the freed up territory.

(4) Local governments shall inform the Museum of the Occupation of Latvia and the National Heritage Board of the commencement of the dismantling of the objects referred to in Section 4, Paragraph three of this Law.

(5) Local governments shall implement the dismantling of the objects referred to in Section 4 of this Law not later than by 15 November 2022.

Section 6. Specific Rules for Dismantling an Object

(1) If the legal acts governing construction are applicable to the dismantling of the object in accordance with laws and regulations, the relevant object shall be dismantled in conformity with the provisions of this Section and the special procedures for applying the construction procedure.

(2) If the object to be dismantled can be classified as a cultural and historical engineering structure (regardless of the group of the structure), the procedures provided in the legal acts governing the field of construction shall be applied for the dismantling thereof - the notice on construction.

(3) When applying the procedures referred to in Paragraph two of this Section, the following documents shall be appended to the notice on construction:

1) a work performance design prepared by a certified construction work manager if the object is in a city or another densely built up area;

2) the following documents prepared by a certified architect or designer:

a) the master plan in an appropriate visual presentation (S 1:250, S 1:500; S 1:1000) showing the external engineering networks to be dismantled if the object is connected to engineering networks;

b) an explanatory description specifying general information about the technical characteristics of the engineering structure, the type of use of the structure according to the classification of structures (if can be determined), the management of the waste arising from construction and the amount thereof, the reorganisation of the territory after completion of works, and also the intended demolition method and time limits, the division of the structure in rounds with the amount of works to be included therein (if construction works or the putting into service of the object is intended to be conducted in rounds of the structure);

c) a work organisation design if the object is in a city or another densely built up area;

d) a plan for improvement and planting if improvement or planting works are necessary.

(4) The relevant local government shall be entitled to propose the dismantling of an object regardless of the ownership of the object and land on which it is located.

(5) If an object is to be classified as an outdoor improvement element, the legal acts governing construction shall not be applied to the dismantling thereof.

(6) A local government is entitled to carry out the dismantling of the objects referred to in Section 4, Paragraphs two and three of this Law by its own efforts or to assign it to an institution or capital company thereof. The relevant entity need not be registered in the Register of Construction Merchants. If the object is located in a city or another densely built up area, the works necessary for the demolition (dismantling) of the object shall be carried out under the management of a work manager designated or appointed by the local government.

(7) A local government shall inform the owner (legal possessor) of the land on which the object is located in writing prior to the commencement of works for the dismantling of the object.

(8) The contesting or appeal of any decision taken on the dismantling of the object shall not suspend the operation thereof.

Section 7. Specific Rules for the Procurement Procedure

A local government and the National Heritage Board have the right to carry out procurements for the performance of the works related to the dismantling of an object without applying the legal norms governing public procurement, and also to make changes to the relevant contracts entered into, insofar as this is objectively necessary for the implementation of the relevant activities and does not exceed the contract price limit values specified by the European Union. A price survey shall be conducted to ensure efficient use of financing when organising activities related to the documentation of an object by using three-dimensional laser scanning or the dismantling of an object.

Section 8. Financing the Dismantling of an Object

(1) The dismantling of the objects referred to in Section 4 of this Law shall be financed in an equal amount from the budget of the State and the local government in the administrative territory of which the relevant object is located.

(2) The dismantling of the objects referred to in Section 4 of this Law shall be financed primarily from the funds donated by natural persons and legal persons for this purpose, if there are any.

(3) The restrictions specified in Section 14 of the law On Prevention of Conflict of Interest in Activities of Public Officials shall not be applied in relation to donations of natural persons and legal persons intended for the dismantling of an object conforming to the criteria specified in Section 3 of this Law.

(4) The procedures for the allocation and use of funds from the State budget and also the accounting and use of donations of natural persons and legal persons shall be determined by the Cabinet.

Section 9. Inclusion of the Original Parts and Fragments of Dismantled Objects in the Collection of the Museum of the Occupation of Latvia

(1) Original parts or fragments of dismantled objects which have artistic value, architectural quality or cultural and historical or educational significance shall be included in the holdings of the Museum of the Occupation of Latvia. The decision to include the original parts or fragments of the dismantled objects in the museum holdings shall be taken by the director of the museum on the basis of an opinion of the Collection Commission of the museum and in consultation with the National Heritage Board. The results of the documentation of the dismantled objects shall also be transferred to the Museum of the Occupation of Latvia.

(2) This Law prescribes the State administration task for the Museum of the Occupation of Latvia to ensure the maintenance, preservation, availability, and study of the original parts and fragments of the dismantled objects included in the museum holdings and education of the public in accordance with the provisions of the legal acts governing the activities of the museum.

(3) The Museum of the Occupation of Latvia may deposit the original parts or fragments of dismantled objects in its holdings to a State, local government or private accredited museum.

(4) The performance of the task specified in Paragraph two of this Section shall be financed from the funds of the State budget.

Transitional Provisions

1. The Cabinet shall, by 31 July 2022, issue the regulations provided for in Section 4, Paragraph two and Section 8, Paragraph four of the Law.

2. The time limit specified in Section 5, Paragraph five of this Law shall not apply to the dismantling of the underground part of the object referred to in Section 4, Paragraph one of this Law and the reorganisation of the freed up territory. The dismantling of the underground part and the reorganisation works of the freed up territory shall be carried out until 30 June 2023.

3. For the assessment and documentation of objects specified in Section 5, Paragraph one of the Law by using three-dimensional laser scanning, financing shall be granted to the National Heritage Board from the State budget programme 02.00.00 "Funds for Unforeseen Events".

4. For the performance of the State administration task specified in Section 9, Paragraph two of the Law, additional financing from the State budget programme 02.00.00 "Funds for Unforeseen Events" shall be granted to the Museum of the Occupation of Latvia in 2022.

5. Until the commencement of the activities related to the dismantling of objects that are specified in this Law, the monuments, memorial signs, and memorial plaques erected, and memorial sites established in open public spaces, public structures or indoor spaces of public entities shall not be moved, dismantled or destroyed.

The Law shall come into force on the day following its proclamation.

The Law has been adopted by the Saeima on 16 June 2022.

President E. Levits

Rīga, 22 June 2022


1The Parliament of the Republic of Latvia

Translation © 2023 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Par padomju un nacistisko režīmu slavinošu objektu eksponēšanas aizliegumu un to demontāžu Latvijas .. Status:
In force
in force
Issuer: Saeima Type: law Adoption: 16.06.2022.Entry into force: 23.06.2022.Theme: State security and protection; Immovable property, construction; Culture and artPublication: Latvijas Vēstnesis, 120, 22.06.2022. OP number: 2022/120.2
Language:
LVEN
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