The Saeima1 has adopted and
the President has proclaimed the following law:
National
Defence Service Law
Chapter I
General Provisions
Section 1. Purpose of the Law
The purpose of the Law is to ensure the preparation of Latvian
citizens (hereinafter - the citizens) for the performance of
national defence tasks and also to strengthen the resilience and
response capabilities of the State and society as part of a
comprehensive national defence.
Section 2. National Defence
Service
(1) National defence service is a type of public service which
includes the national defence military service and also the
national defence civil service (hereinafter - the alternative
service).
(2) The citizens, i.e. males, shall be subject to the national
defence service within one year after attaining 18 years of age.
A citizen who, after attaining 18 years of age, continues the
acquisition of education (except for higher education) shall be
subject to the national defence service within one year after
graduation from an educational institution. If a citizen, after
attaining 18 years of age, continues the acquisition of education
(except for higher education) and has not graduated from an
educational institution until attaining 24 years of age, he shall
be subject to the national defence service within one year after
attaining 24 years of age.
(3) The citizens, i.e. males, up to 27 years of age shall be
subject to the national defence service if the grounds for the
deferral of such service specified for them in the decision to
defer the national defence service have ceased to exist.
(4) The citizens, i.e. males and females, from 18 to 27 years
of age may voluntarily apply for the national defence military
service. Unless otherwise specified in the Law, the same legal
framework shall be applicable to the citizens who have
voluntarily applied for the national defence military service as
to other recruits.
Section 3. Type of Performance of
National Defence Military Service
(1) The national defence military service shall be performed
in one of the following ways:
1) for 11 months in a unit of the regular forces of the
National Armed Forces or the National Guard of the Republic of
Latvia (hereinafter - the National Guard) (hereinafter - the unit
of the National Armed Forces);
2) for five years in the National Guard in total, performing
the service tasks for not less than 21 individual training days
and not more than seven collective training days each year;
3) by completing, within five years, the reserve officer
programme intended for students of higher education institutions
and colleges at a military education institution and the unit of
the National Armed Forces the total period for training and
performance of service tasks of which is not less than 180
days.
(2) For the persons subject to the national defence service
who cannot perform the national defence military service due to
their thoughts, conscience, or religious affiliation, it may be
substituted with the alternative service in accordance with the
procedures laid down in this Law. The alternative service shall
be performed for 11 months in the institutions subordinate to the
Ministry of Defence.
(3) The way in which a citizen shall perform the national
defence military service shall be determined, taking into account
the priorities stipulated by the National Armed Forces and the
staffing needs for the performance of the tasks stipulated by the
National Armed Forces.
(4) A citizen who is learning the profession of a doctor,
doctor's assistant, or nurse by studying in a medical treatment
programme may choose one of the types of performance of the
national military service referred to in Paragraph one of this
Section regardless of the priorities stipulated by the National
Armed Forces. Taking into account the professional knowledge and
skills of students, they may be appointed to positions related to
the relevant field.
(5) The Cabinet shall determine the set of theoretical and
practical knowledge and skills to be acquired during the national
defence military service.
Chapter
II
Registration, Recording, and Conscription of Citizens into
National Defence Service
Section 4. Conscription into
National Defence Military Service
(1) The Minister for Defence shall issue an order regarding
conscription into the national defence military service,
specifying the time of conscription and the number of recruits
therein for each type of the national defence military service.
The number of recruits shall be determined, taking into account
the guidelines and priorities specified in the National Defence
Concept, the National Defence Operational Plan, and the National
Armed Forces Development Plan for the performance of the national
defence tasks. The order shall be published in the official
gazette Latvijas Vēstnesis not later than six months
before the planned conscription.
(2) When organising conscription into the national defence
military service, such citizens shall be included therein on a
priority basis who have voluntarily applied for the national
defence military service. The citizens who have voluntarily
applied for the national defence military service in conformity
with the provisions of Section 3, Paragraph three of this Law may
be offered to choose the type of performance of the national
defence military service.
(3) In order to complete the missing number of recruits,
conscription into the national defence military service shall
take place, using random selection (hereinafter - the selection)
in relation to those recruits who have not applied for service
voluntarily. Selection shall be organised for the performance of
the type of service referred to in Section 3, Paragraph one,
Clause 1 of this Law. Selection shall be organised in proportion
to the number of the citizens subject to national defence service
who are declared in each municipality. The Cabinet shall
determine the conditions and procedures for the selection.
(4) If all citizens subject to service in the relevant year
are subject to conscription, the selection referred to in
Paragraph three of this Section shall not be organised.
(5) A citizen who has not been selected for conscription into
the national defence service within the term indicated in Section
2, Paragraph two of this Law shall be removed from the records of
the national defence service and enlisted in the reserve of the
National Armed Forces as a reservist.
(6) The Ministry of Defence shall create and maintain a State
information system in which the citizens subject to the national
defence service, the citizens who have voluntarily applied for
the national defence military service, and the citizens
conscripted into the national defence service are registered and
recorded. The Cabinet shall determine the procedures by which the
Ministry of Defence shall register, record, and conscript the
citizens subject to the national defence service and those
citizens who have voluntarily applied for the national defence
military service.
(7) Until conscription into the national defence military
service or alternative service, the citizens registered by the
Ministry of Defence shall be called recruits.
Section 5. Conscription Control
Commission of National Defence Service
(1) The Cabinet shall establish the conscription control
commission of the national defence service (hereinafter - the
control commission). For the period of operation of the control
commission, members of this commission are released from the
fulfilment of duties at the place of primary employment with
retention of remuneration. At least half of the composition of
the control commission shall consist of the persons who are not
employed by the National Armed Forces, the Ministry of Defence,
and the institutions subordinate thereto.
(2) The control commission shall control and review the
decisions taken by the Ministry of Defence and also shall take
decisions on conscription into the alternative service.
(3) The Cabinet shall determine the procedures by which the
commission referred to in Paragraph one of this Section shall
control and review the decisions taken by the Ministry of
Defence, examine complaints of persons regarding such decisions,
and also take decisions on conscription into the alternative
service.
Section 6. Determination of
Suitability of Recruits for National Defence Service and
Procedures for Obtaining and Provision of Information
(1) The Ministry of Defence shall, in cooperation with the
National Armed Forces, assess and determine the suitability of
recruits for the national defence service.
(2) In order to assess the suitability of recruits for the
national defence service, the Ministry of Defence shall be
ensured with online access to the indicated State information
systems and databases free of charge for obtaining the following
information:
1) from the Register of Natural Persons - the given name,
surname, personal identity number (also previous personal
identity number), sex, data of birth, status in the Register of
Natural Persons (active/passive), nationality and its type,
information on the restriction of the capacity to act of the
person or on reviewing the restriction on capacity to act,
information on children under guardianship, information on the
establishment or termination of out-of-family care or
guardianship or the discontinuation, removal, or renewal of
custody rights, declared, registered, or indicated address of the
place of residence;
2) from the Punishment Register - information on the
conviction for a serious or especially serious crime regardless
of the extinguishment or setting aside of criminal record, on
sentences for a serious or especially serious crime with release
from the punishment, or on the termination of criminal
proceedings for reasons other than exoneration, the status of the
suspect or accused;
3) from the State Education Information System - information
on the education acquired or to be acquired, academic performance
and status;
4) from the Information System of Disability - information on
the disability determined for a person;
5) from the unified electronic information system of the
health sector - information on the health condition of the
person;
6) from the Register of Patients Suffering from Certain
Diseases - information on the diseases registered for a
patient;
7) from the Electronic Declaration System - information on the
place of employment of a person;
8) from the Database for Recording Certificates of the
Proficiency in the Official Language - information on the
proficiency in the official language.
(3) The information on the conscription of a Latvian citizen
into the national defence service or on the deferral of
conscription, and also on the type of the performance of the
national defence service and retiring from the national defence
service may be requested from the Ministry of Defence:
1) by State administration institutions - for the performance
of their functions if the obtaining of the relevant information
is provided for in the legal acts governing the operation of the
State administration institution;
2) with the intermediation of a credit bureau, by credit
institutions and creditors which have received the special permit
(licence) for the provision of consumer credit services - in
order to assess the ability of the citizen to repay the
credit.
(4) The Cabinet shall determine:
1) the requirements for and procedures for the examination of
the health condition of recruits;
2) the procedures and terms within which the health condition
may be re-assessed and suitability for the national defence
service may be determined if a recruit has been recognised as
unfit for such type of service due to temporary health
problems;
3) the procedures by which the Ministry of Defence shall
obtain information from State information systems, process and
store such information;
4) the procedures by which State administration institutions
and also credit institutions and creditors which have received a
special permit (licence) for the provision of consumer credit
services shall request and the Ministry of Defence shall provide
information on conscription of a citizen into the national
defence service or on the deferral of conscription, and also on
the type of the performance of the national defence service and
retiring from the national defence service, and the amount of the
information to be provided.
Section 7. Decision Regarding a
Recruit
(1) After suitability of a recruit for the national defence
service has been assessed, the Ministry of Defence shall take one
of the following decisions on each recruit:
1) to conscript into the national defence military service,
indicating the location for the performance of service and the
time of arrival for the commencement of service;
2) to defer the national defence service, indicating the
reason and the term for the deferral;
3) not to conscript into the national defence service and to
delete from the records of the national defence service if the
recruit does not meet the requirements laid down for the national
defence service.
(2) If an application of a recruit for the performance of the
alternative service has been received, the Ministry of Defence
shall send it to the control commission for taking a decision.
When taking the decision on conscription into the alternative
service, the control commission shall indicate the place for the
performance of the alternative service. If the control commission
has rejected the application of the recruit for the performance
of the alternative service, the Ministry of Defence shall ensure
the enforcement of the decision specified in Paragraph one,
Clause 1 of this Section.
Section 8. Citizens who are not
Subject to National Defence Service
(1) The following persons shall not be subject to the national
defence service:
1) a citizen whose health condition does not meet the
requirements laid down for the national defence service;
2) a citizen who has a child under guardianship if the other
parent of the child is deceased or the other parent is unable to
implement guardianship, or the other parent has been conscripted
into the national defence service, and also a citizen who, by a
decision of the Orphan's and Custody Court, is the sole guardian
or the sole carer in a foster family;
3) a citizen who, based on the law or a court ruling, has the
obligation to take care of his or her spouse or parents if he or
she is the sole carer;
4) a citizen who also holds a citizenship (nationality) of any
other country if he or she has served in the foreign military
service or performed the national defence civil service
(alternative service) in a foreign country, except when he or she
applies for the national defence service voluntarily;
5) a graduate of the Colonel Oskars Kalpaks Military High
School;
6) a citizen who has continuously served in the professional
service for not less than 11 months;
7) an official with a special service rank of the institutions
of the system of the Ministry of the Interior of the Republic of
Latvia and the Prison Administration who has continuously served
at the abovementioned institutions for not less than two
years;
8) a citizen who has been convicted for a serious or
especially serious crime - regardless of the extinguishment or
setting aside of criminal record;
9) a citizen who has been convicted for the criminal offence
referred to in Clause 8 of this Paragraph by releasing him or her
from the punishment, or the criminal proceedings against him or
her have been terminated for reasons other than exoneration;
10) a citizen if he or she is a parent, guardian, or foster
parent of a child for whom a disability has been determined.
(2) The citizens referred to in Paragraph one of this Section
shall be deleted from the records of the national defence
service.
Section 9. Grounds for Deferral of
National Defence Service
(1) The national defence service shall be deferred for:
1) an official with a special service rank of the institutions
of the system of the Ministry of the Interior of the Republic of
Latvia and the Prison Administration unless he or she is serving
and has not continuously served at the abovementioned
institutions for two years, and also an official of State
security institutions who is serving at the abovementioned
institutions;
2) a citizen for whom the national defence service needs to be
deferred due to the health condition;
3) a citizen who has been recognised as the suspect or accused
in criminal proceedings;
4) a citizen who has been convicted for a criminal offence,
except for the criminal offence referred to in Section 8,
Paragraph one, Clause 8 of this Law, if the criminal record has
not been set aside or extinguished in accordance with the
procedures laid down by law;
5) a citizen who is serving in the professional service and
has not continuously served for 11 months.
(2) The national defence service may be deferred for a citizen
who, due to important reasons (a scholarship in a higher
education institution, participant of the national team in any
type of sport, being on parental leave, taking care of a child up
to 18 months of age in accordance with the law, important family
circumstances, and other reasons), wishes to perform the national
defence service at another time but not later than until he or
she reaches 26 years of age.
(3) The Ministry of Defence shall control whether the
circumstances due to which the national defence service was
deferred for a recruit have changed. If the grounds for deferral
have ceased to exist, the citizen shall be conscripted into the
national defence military service or alternative service.
Section 10. Contesting and Appeal of
Decisions
(1) A recruit may contest the decision referred to in Section
7, Paragraph one of this Law in accordance with the procedures
laid down in the Administrative Procedure Law by submitting a
relevant submission to the control commission. The recruit may
appeal the decision of the control commission before a court in
accordance with the procedures laid down in the Administrative
Procedure Law.
(2) A recruit may appeal the decision of the control
commission on the refusal to replace the national defence
military service with alternative service before a court in
accordance with the procedures laid down in the Administrative
Procedure Law.
Section 11. Notification of Sending
to the Place of the National Defence Service
(1) The Ministry of Defence shall ensure timely arrival of the
citizen conscripted in the national defence military service or
alternative service at the place of service, issuing the decision
on conscription into the national defence service to him or her
against a signature or sending it to the official electronic
address or declared address of the place of residence not later
than three months before the date when he or she must appear at
the place of service.
(2) Compulsory enforcement of the administrative act referred
to in Paragraph one of this Section shall be ensured by the
Military Police in accordance with the procedures laid down in
the Administrative Procedure Law.
Chapter
III
Performance of National Defence Military Service
Section 12. General Provisions for
Performance of National Defence Military Service
(1) The performance of the national defence military service
shall be governed by this Law, the Military Service Law, and
other legal acts, including also military rules of procedure.
(2) A citizen shall perform the national defence military
service in accordance with the procedures laid down in this Law
in the status of a soldier of the national defence service.
(3) When commencing the national defence military service, a
soldier of the national defence service shall give the oath of a
soldier in accordance with the Military Service Law.
(4) Soldiers of the national defence service shall be awarded
military service ranks in accordance with the procedures laid
down in the Military Service Law.
Section 13. Commencement of the
Performance of the National Defence Military Service
(1) Performance of the national defence military service shall
begin on the day when a citizen has, based on the decision on
conscription into the national defence military service, arrived
at the place of service and has been included in the personnel
list of the particular unit of the National Armed Forces. The
commander (chief) of the place of service shall record the period
of the performance of the national defence military service and
also, within 10 days, inform the Minister for Defence of the
commencement of the national defence military service
training.
(2) When assessing the appointment of a soldier of the
national defence service to a position in the unit of the
National Armed Forces, the National Armed Forces may request an
opinion of the Defence Intelligence and Security Service on the
conformity of the appointment of the soldier of the national
defence service with the interests of national security.
Section 14. Provisions for Changing
the Type of the National Defence Military Service
(1) After six months in the national defence military service,
a soldier has the right to enter into a professional service
contract in conformity with the conditions and procedures
specified in the Military Service Law for acceptance in
professional service.
(2) If a soldier of the national defence service serving in
the National Guard does not perform the national defence military
service (does not complete the training programme provided for
the service year) without a justifying reason, he or she shall be
transferred for the performance of the national defence military
service lasting 11 months in the unit of the National Armed
Forces. The period spent in the service of the National Guard
shall not be taken into account in the performance of the
national defence military service in the unit of the National
Armed Forces.
(3) If a soldier of the national defence service does not
perform (does not complete the training programme provided for
the service year) the national defence military service within
the scope of the reserve officer programme intended for the
students of higher education institutions and colleges at a
military education institution and the unit of the National Armed
Forces without a justifying reason, he or she shall be
transferred for the performance of the national defence military
service lasting 11 months in the unit of the National Armed
Forces. The period spent in the completion of the reserve officer
programme intended for the students of higher education
institutions and colleges shall not be taken into account in the
performance of the national defence military service in the unit
of the National Armed Forces.
(4) If a professional service contract with a soldier who has
entered into such contract after six months in the national
defence military service is terminated early due to disciplinary
violations or upon his or her own wish, the soldier shall be
transferred for the continuation of the national defence military
service lasting 11 months to a unit of the National Armed Forces
if the total period served in the national defence military
service and professional service is less than 11 months. The
period served in the professional service shall be included in
the period of the national defence military service lasting 11
months.
(5) The period when a soldier of the national defence service
has been in arbitrary absence shall not be included in the period
of the national defence military service.
Section 15. Evasion from National
Defence Military Service
The period when a soldier of the national defence service did
not perform service without a justifying reason shall not be
included in the period of the national defence military service.
The person shall be held liable for evasion from the performance
of the national defence military service in accordance with the
procedures laid down in the Criminal Law.
Section 16. Provisioning of Soldiers
of National Defence Service and Other Guarantees Related to
Service
(1) A soldier of the national defence service during the
period of the national defence military service shall be
partially State provisioned. Each soldier of the national defence
service shall, during the period of service, receive soldier food
rations, a soldier's uniform, and the necessary service
equipment.
(2) Provisioning conditions, norms, and procedures by which a
soldier of the national defence service shall be provided with
material and technical resources shall be determined by the
Minister for Defence, whereas the amount of food rations
compensation - by the Cabinet.
(3) A soldier of the national defence service shall not
receive the soldier food rations specified in this Section if
food rations compensation has been granted to him or her. The
food rations compensation shall not be subject to debt
recovery.
(4) Children of the soldiers of the national defence service
are entitled to be placed in pre-school educational institutions
out of turn.
Section 17. Awards
Soldiers of the national defence service may be awarded the
awards referred to in Section 69 of the Military Service Law,
except for the awards indicated in Paragraph one, Clauses 6 and 8
of the abovementioned Section.
Section 18. Liability of Soldiers of
National Defence Service
A soldier of the national defence service shall be brought to
disciplinary liability, administrative liability, or criminal
liability for unlawful actions, and compensation for financial
losses caused shall be recovered from him or her in accordance
with the procedures laid down in laws and regulations.
Section 19. Retirement from National
Defence Military Service
(1) The commander (chief) of the place of service shall, upon
expiry of the period of service, retire a soldier of the national
defence service in the reserve.
(2) A soldier of the national defence service shall be retired
in the reserve before the end of the period of the national
defence military service if:
1) during the period of the national defence military service,
he or she has been recognised as unfit for the national defence
service due to a health condition;
2) he or she has been convicted for a criminal offence and the
criminal record has not been extinguished or set aside;
3) he or she has the status of the suspect or accused and he
or a security measure in the form of house arrest or arrest has
been imposed on him or her;
4) an opinion of the Defence Intelligence and Security Service
on his or her non-conformity for the performance of service with
the interests of national security has been received;
5) the cases referred to in Section 8, Paragraph one, Clause
2, 3, or 10 of this Law have set in.
(3) The procedures for retiring a soldier of the national
defence service in the reserve shall be determined by the
Minister for Defence.
(4) A soldier of the national defence service shall be retired
before the end of the period of the national defence military
service if he or she loses Latvian citizenship.
Chapter
IV
Performance of Alternative Service
Section 20. Commencement of the
Performance of Alternative Service
(1) When determining the location for the performance of the
alternative service, the control commission shall take into
account the personal traits, education, and declared place of
residence of the performer of the alternative service.
Alternative service shall commence from the day when the
performer of alternative service has arrived at the location of
the performance of service specified in the decision of the
control commission.
(2) The place of service shall be determined for a performer
of the alternative service in the administrative territory where
his or her declared place of residence is located or where
residential space is provided for him or her. If it is not
possible, the place of the alternative service shall be
determined for him or her in the administrative territory from
which it is possible to return to his or her declared place of
residence every day.
(3) Change of the place of residence shall not form grounds
for determining another location for the performance of the
alternative service to a performer of the alternative
service.
(4) An institution shall approve the positions which may be
filled by a performer of the alternative service and shall
determine whether the vetting of the conformity of the performer
of the alternative service with the interests of national
security is necessary for filling the position. If vetting of the
conformity of the performer of the alternative service with the
interests of national security is necessary for the appointment
to position, the institution shall request it to the Defence
Intelligence and Security Service.
Section 21. Recording of Alternative
Service
(1) The period of the alternative service shall be recorded by
the institution at which the alternative service is being
performed. The institution shall control the performance of the
alternative service. The procedures for recording the period of
the alternative service shall be determined by the Minister for
Defence.
(2) A performer of the alternative service shall perform
service 40 hours per week. The period when the performer of
service has not performed service duties without justification
shall not be included in the period of the alternative
service.
Section 22. Obligations of
Performers of Alternative Service
A performer of alternative service has the following
obligations:
1) to perform alternative service in accordance with the
requirements of laws and regulations and of the institution in
which alternative service is being performed;
2) to comply with the internal procedure regulations,
occupational safety and health protection requirements of the
institution at which the alternative service is being
performed;
3) to treat the State property with care.
Section 23. Obligations of
Institutions
(1) An institution at which a performer of the alternative
service is performing service has the obligation to train the
performer of the alternative service if he or she requires
special training for the performance of the specified service
duties and also, during the performance of service, to ensure
safety and health protection for the performer of the alternative
service in accordance with the requirements of the laws and
regulations governing labour protection.
(2) An institution shall provide a performer of the
alternative service with the working clothes and equipment
necessary for the performance of service.
Section 24. Liability of Performers
of Alternative Service
(1) A performer of the alternative service shall be liable for
the direct losses which, due to his or her unlawful, culpable
actions, have been caused to the institution at which he or she
is performing the alternative service.
(2) For the inadequate performance of the alternative service
and violation of the internal working procedure regulations of
the institution, a written reproof or reprimand may be issued to
the performer of the alternative service, indicating the
circumstances attesting to the committing of a violation. The
head of the institution shall issue the reproof or reprimand not
later than within a month from the day when the violation was
detected. Before issuing a reproof or reprimand, the institution
shall acquaint the performer of the alternative service with the
nature of the violation committed by him or her in writing and
afterwards request a written explanation from him or her of the
violation committed.
(3) A performer of the alternative service has the right to
request the revocation of a reproof or reprimand within a month
from the day when the reproof or reprimand was issued by
submitting a complaint to the Ministry of Defence. The performer
of the alternative service may appeal the decision of the
Ministry of Defence in accordance with the procedures laid down
in the Administrative Procedure Law.
Section 25. Retirement from
Alternative Service
(1) Upon expiry of the period of the national defence service,
the Ministry of Defence shall retire a performer of the
alternative service in the reserve of the National Armed Forces
and include in reservists.
(2) The procedures for retiring performers of the alternative
service in the reserve shall be determined by the Minister for
Defence.
(3) A performer of the alternative service shall be retired
from the alternative service in the reserve before the end of the
period of this service if:
1) during the performance of service, he or she has been
recognised as unfit for the national defence service due to a
health condition;
2) he or she has been convicted for a criminal offence and the
criminal record has not been extinguished or set aside;
3) he or she has the status of the suspect or accused and a
security measure in the form of house arrest or arrest has been
imposed on him or her;
4) an opinion of the Defence Intelligence and Security Service
on his or her non-conformity for the performance of service with
the interests of national security has been received;
5) the cases referred to in Section 8, Paragraph one, Clause
2, 3, or 10 of this Law have set in.
(4) A performer of the alternative service shall be retired
before the end of the period of alternative service if he or she
has lost Latvian citizenship.
Chapter V
Obligations and Rights of Recruits, Soldiers of National Defence
Service, Performers of Alternative Service and Obligations of
Employer
Section 26. Obligations of Recruits,
Soldiers of National Defence Service, and Performers of
Alternative Service
(1) A recruit has the obligation:
1) to become acquainted with the notifications received from
the Ministry of Defence;
2) to arrive to examinations at the place and time indicated
in the summons of the Ministry of Defence;
3) to arrive at the place and time indicated in the decision
of the Ministry of Defence on conscription into the national
defence military service or the decision of the control
commission on conscription into the alternative service.
(2) Objective circumstances shall be recognised as a
justifying reason for the failure to arrive to examinations and
the performance of the national defence service.
(3) Each recruit, soldier of the national defence service, and
performer of the alternative service shall be responsible for
ensuring that the change of the place of residence, leaving the
country, or other circumstances under his or her control would
not cause obstacles for the performance of the national defence
service.
Section 27. Release from the
Performance of Work (Official) Duties and Training (Studies)
(1) An employer or an educational institution shall release
the following from the performance of work (official) duties or
training (studies):
1) a recruit for the performance of examinations before the
commencement of the national defence service at the time
indicated in the summons of the Ministry of Defence;
2) a soldier of the national defence service and a performer
of the alternative service during the period of the performance
of the national defence service.
(2) An employer shall retain the previous work (position) for
an employee who has been released from the performance of work
(official) duties or ensure similar or equivalent work (position)
for the employee with working conditions and employment
provisions that are not less favourable for the employee. The
period of the performance of the national defence service shall
not be included in the time giving the right to annual paid
leave. An educational institution shall retain the right to
continue training (studies) for a citizen who has been released
from training (studies) on the same conditions as before
conscription.
(3) An employer shall disburse the remuneration provided for
in Section 74, Paragraph three of the Labour Law to an employee
who has been released from the performance of work (official)
duties due to participation in examinations for determining his
or her suitability for the national defence service.
Section 28. Compensation for
Soldiers of National Defence Military Service and Performers of
Alternative Service
(1) A soldier of the national defence service and a performer
of the alternative service are entitled to receive compensation
for the performance of service duties. Soldiers of the national
defence service who have voluntarily applied for the national
defence military service are entitled to receive compensation for
the performance of service duties in an increased amount. The
Cabinet shall determine the amount and procedures for the
disbursement of compensation. The compensation shall not be
subject to debt recovery.
(2) If, during the period of the performance of direct service
duties, temporary incapacity for work has set in for the soldier
of the national defence service referred to in Section 3,
Paragraph one, Clauses 2 and 3 of this Law and a sick-leave
certificate has been issued, such soldier shall be discharged
from the performance of service duties for the period of
incapacity for work and the disbursement of the compensation
specified in Paragraph one of this Section shall be suspended. If
the employer does not disburse sick pay for the period of
temporary incapacity for work which falls within the period of
the direct performance of service or the sickness benefit is not
paid to the soldier during the period of sick-leave certificate B
which falls within the period of performance of service tasks,
compensation for sick pay shall be disbursed to the soldier from
the funds of the State budget allocated to the Ministry of
Defence. The amount of compensation for sick pay shall not exceed
the amount of compensation specified in Paragraph one of this
Section. The amount of compensation for sick pay and the
procedures for its disbursement shall be determined by the
Cabinet.
Section 29. Rights of Soldiers of
National Defence Service and Performers of Alternative Service to
Living Quarters
(1) A soldier of the national defence service shall be
provided with living quarters in barracks during the period of
the direct performance of the national defence military service.
When the duties of the national defence military service are
performed under field conditions, a soldier of the national
defence service shall be provided with accommodation based on the
circumstances in which service tasks are being performed.
(2) The institution at which a performer of the alternative
service is performing the alternative service may provide him or
her with residential space.
Section 30. Rights of Soldiers of
National Defence Military Service and Performers of Alternative
Service to Health Care and Safe Environment
(1) A soldier of the national defence service is entitled to
the paid health care provided for the soldiers of the national
defence service in the Law on Remuneration of Officials and
Employees of State and Local Government Authorities.
(2) The Cabinet shall determine the procedures by which the
Ministry of Defence shall cover the costs of the medical
treatment and rehabilitation of the health disorders suffered
during service for a soldier of the national defence service if
the soldier of the national defence service has been retired from
service due to unsuitability of health condition for the national
defence military service and if it has been caused by an injury
suffered during service while performing service duties or a
disease the cause of which is related to the national defence
military service, and also the amount of the relevant
disbursements.
(3) The procedures for the investigation and recording of
accidents in which soldiers of the national defence service and
performers of the alternative service have been injured shall be
determined by the Cabinet.
(4) The Ministry of Defence shall ensure the health of the
performers of the alternative service. The premium of health
insurance may not exceed the amount specified in the laws and
regulations regarding personal income tax.
(5) Soldiers of the national defence service and performers of
the alternative service have the right to emotional and physical
safety during the period of the performance of the national
defence service.
Section 31. Social Guarantees
(1) The guarantees specified in Section 21, Paragraphs one,
two, three, four, five, six, seven, nine, and eleven and the
conditions of Section 23 of the Law on Remuneration of Officials
and Employees of State and Local Government Authorities shall be
applicable to soldiers of State defence service. The benefit
provided for in Section 21, Paragraphs three and six of the
abovementioned Law shall be calculated for a soldier of the
national defence service, taking the monthly base wage specified
for a soldier of professional service with equivalent service
rank as the base.
(2) The Ministry of Defence shall make social insurance
contributions for soldiers of the national defence service and
performers of the alternative service in accordance with the
procedures laid down in the law On State Social Insurance.
(3) A benefit shall be granted to a soldier of the national
defence service who is performing the national defence military
service referred to in Section 3, Paragraph one, Clause 1 of this
Law and to a performer of the alternative service for the
maintenance of a child during the period of service. The amount
of the benefit shall depend on the number of children under care.
The Cabinet shall determine the amount of the benefit and the
procedures for the granting and disbursement thereof. The benefit
shall not be subject to debt recovery.
Section 32. State Aid to Citizens
who have Completed National Defence Service
State higher education institutions and colleges shall, within
the scope of the financing approved for them in the annual State
budget and the medium term budget framework law, finance studies
in short-cycle vocational higher education and first-cycle higher
education stages for citizens who have voluntarily applied for
the national defence service and completed it, if these students
conform to the provisions for the admission to the higher
education institution and study programme. The procedures by
which State higher education institutions and colleges shall
ensure the possibilities and study directions provided for in
this Section shall be determined by the Cabinet.
Chapter
VI
Administrative Offences in the Field of National Defence Service
and Competence in Administrative Offence Proceedings
Section 33. Administrative Offences
in the Field of National Defence Service
For the failure to arrive at the examinations specified for a
recruit at the place and time indicated in the summons of the
Ministry of Defence without a justifying reason, a warning or a
fine of up to seventy units of fine shall be imposed on a
recruit.
Section 34. Competence in
Administrative Offence Proceedings
Administrative offence proceedings for the offences referred
to in this Chapter shall be conducted by the Military Police.
Transitional
Provisions
1. The first conscription into the national defence service
shall be implemented on 1 July 2023.
2. The citizens, i.e. males, who have been born after 1
January 2004 shall be subject to conscription into the national
defence service.
3. For the enforcement of Sections 4 and 5, Section 6,
Paragraph one, and Section 7 of this Law, the Ministry of Defence
shall take organisational measures which are necessary for
ensuring the new functions and, from 1 July 2023, shall establish
a national defence service unit in addition to the current
positions in the structure of the ministry within the scope of
the current funds from the State budget.
4. Section 3, Paragraph one, Clauses 2 and 3 of this Law shall
come into force on 1 January 2024.
5. The activities of the Ministry of Defence referred to in
this Law shall, until 1 January 2024, be carried out by the
structural unit for the record of reserve of the National Armed
Forces. In order to assess the suitability of recruits for the
national defence service, online access to the registers and
systems referred to in Section 6, Paragraph two of this Law shall
be ensured free of charge to the structural unit for the record
of reserve of the National Armed Forces until 1 January 2024. In
order to assess the suitability of the health condition of
recruits for the national defence service, online access to the
registers and systems referred to in Section 6, Paragraph two of
this Law shall be ensured free of charge to the medical treatment
institution of the National Armed Forces until 1 January
2024.
6. The Cabinet shall, by 1 January 2024, issue the regulations
referred to in Section 6, Paragraph four, Clause 1 of this Law.
Until 1 July 2024, health examination of recruits shall be
performed by the medical treatment institution of the National
Armed Forces in accordance with the procedures and the
requirements for the health condition stipulated by the Minister
for Defence.
7. The Ministry of Defence shall, by 1 July 2025, create the
State information system referred to in Section 4, Paragraph six
of this Law. Until creation of the State information system
referred to in Section 4, Paragraph six of this Law, the Ministry
of Defence shall process information on the citizens subject to
the national defence service, such citizens who have voluntarily
applied for the national defence military service, and recruits
in accordance with the procedures stipulated by the Minister for
Defence.
8. Until 2027, such citizens shall not be conscripted into the
national defence service who are permanently living in a foreign
country and have notified the address of their place of residence
in a foreign country to the Office of Citizenship and Migration
Affairs in accordance with the procedures laid down in laws and
regulations.
This Law shall come into force on the day following its
proclamation.
The Law has been adopted by the Saeima on 5 April
2023.
President E. Levits
Rīga, 18 April 2023
1The Parliament of the Republic of
Latvia
Translation © 2024 Valsts valodas centrs (State
Language Centre)
