Disclaimer: The English language text below is provided
by the Translation and Terminology Centre for information
only; it confers no rights and imposes no obligations
separate from those conferred or imposed by the
legislation formally adopted and published. Only the
latter is authentic. The original Latvian text uses
masculine pronouns in the singular. The Translation and
Terminology Centre uses the principle of gender-neutral
language in its English translations. In addition,
gender-specific Latvian nouns have been translated as
gender-neutral terms, e.g. chairperson.
Text consolidated by Tulkošanas un terminoloģijas
centrs (Translation and Terminology Centre) with amending
laws of:
6 April 1993;
11 May 1993;
5 April 1995;
16 October 1997;
11 December 1997;
25 November 1999;
31 March 2004.
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Supreme Council
of the Republic of Latvia
has adopted a Law
On Public
Organisations and Associations Thereof
Division
One.
Basic Provisions for the Establishment, Registration, Activity
and Liquidation of Public Organisation and Associations
thereof
I. General
Provisions
Section 1. Concept of Public
Organisation
In order to mutually co-ordinate activities and reach the
goals specified in the articles of association, several natural
or legal persons may establish a public organisation on the basis
of voluntary participation and community of goals, establishing a
joint management body in accordance with the procedures
prescribed in this Law.
A public organisation may not have as its goal gaining a
profit, as well as economic activities as its purpose and
nature.
State administrative institutions and local governments may
join together in public organisations only in the cases specified
by law and in accordance with the procedures specified by the
Cabinet. Local government institutions may join together in
public organisations in accordance with the procedures that are
specified by the relevant local government.
[25 November 1999]
Section 2. Concept of an Association
of Public Organisations
In order to mutually co-ordinate activities and reach the
goals specified in the articles of association, several public
organisations may establish an association of public
organisations on the basis of voluntary participation and
community of goals by establishing a joint management body in
accordance with the procedures prescribed in this Law.
[25 November 1999]
Section 3. Laws On Public
Organisations and Associations Thereof
The basic provisions for the establishment, registration,
activity and liquidation of public organisations and associations
thereof are prescribed in Division One of this Law and other laws
as well as regulatory enactments adopted on the basis
thereof.
Additional provisions for the establishment, registration,
activity and liquidation of particular public organisations, as
well as different provisions of regulation are prescribed in the
Division Two of this Law.
The provisions of this Law do not apply to trade unions,
religious and other organisations whose purpose and nature of
activity is not gaining a profit and the activity of which is
regulated by other laws.
II.
Establishment of Public Organisations and Associations
thereof
Section 4. Preconditions for the
Establishment of Public Organisations and Associations
thereof
In order to establish a public organisation or an association
of public organisations, a general meeting, congress or
conference shall be convened in which persons associating in the
public organisation or association of public organisations must
take a decision regarding the establishment of a public
organisation or an association of public organisations and the
articles of association thereof, must elect a permanently
functioning management body or a manager, as well as an audit
body of economic and financial activities. In establishing an
association of public organisations, each public organisation
that participates in the establishment thereof shall take a
decision regarding participation in the establishment of an
association of public organisations in accordance with the
procedures specified in the articles of association of such
public organisation.
Latvian branches of public organisations founded and operating
in foreign states may be established in Latvia if the purpose,
nature and articles of association of such organisations and
associations are not in conflict with the Constitution and laws
of the Republic of Latvia. The provisions for the registration,
activity and liquidation provided for in this Law and other laws
of the Republic of Latvia apply to such branches.
[16 October 1997]
Section 5. Management of Public
Organisations and Associations Thereof
Managers of public organisations and associations thereof may
only be persons of legal age whose registered place of residence
is Latvia.
Only persons of legal age may be in collegial management
bodies of public organisations and associations thereof, as well
as in audit bodies of economic and financial activities. At least
half of the members of such bodies shall have their place of
residence registered in Latvia.
[25 November 1999]
Section 6. Members of Public
Organisations
Members of a public organisation shall be:
1) persons who have established the public organisation;
and
2) persons who joined the public organisation after the
establishment thereof.
A member of a public organisation may be a person who has
reached the age of 16. Persons who are under the age of 16 may
join the public organisation upon the submission of a written
permission of their parents or guardian.
If the public organisation is established by legal persons or
legal persons become the members of such organisation, such legal
persons shall authorise their representatives - natural persons -
in accordance with the procedures specified in the articles of
association of such legal persons or in other documents
regulating the activity thereof to participate in the general
meeting, congress or conference of establishment of the relevant
public organisation and - in case of election - in the bodies of
management as well as audit of economic and financial
activities.
Each public organisation shall maintain a register of the
members thereof, wherein the given name, surname, personal
identity number and address of the place of residence shall be
indicated (name and address of a legal person). Information
regarding the address and personal identity number of the
organisation members shall be accessible only to the members of
the relevant public organisation, as well as to the controlling
and law enforcement institutions.
[25 November 1999]
Section 7. Rights of Members of
Public Organisations
Members of public organisations, regardless of whether such
members have established the relevant public organisation or have
became members after the establishment thereof, as well as
regardless of whether such members are natural or legal persons,
have the same rights even if a different membership fee or
admission fee has been set for such members.
Members of public organisations have the right to withdraw
from the public organisation, notifying in writing the
permanently functioning management body or the head of the public
organisation.
When withdrawing, the membership fee and admission fee shall
not be refunded.
Unpaid admission fee or membership fee may not be recovered by
judicial process.
[6 April 1993, 5 April 1995, 25
November 1999]
Section 7.1 Persons who
may Participate in the Work of Public Organisations
Persons who are not members of the relevant public
organisation - membership candidates, honorary members, associate
members, senior members and other persons with a special status
whose rights and duties are determined by the articles of
association of the relevant public organisation - may also
participate in the activities of public organisations.
[25 November 1999]
Section 7.2 Civil
Liability of Members of Public Organisations
Members of public organisations shall not be liable for the
civil legal obligations of the relevant public organisation.
[25 November 1999]
Section 8. Articles of Association
of Public Organisations and Associations thereof
The articles of association of a public organisation or
association of public organisations shall indicate:
1) the goal of the activities, tasks and methods;
2) the name and abbreviation thereof, symbols (a description
or picture thereof), if any, the territory of activity and the
location of the permanently functioning management body or the
head (city or parish);
3) the structure, composition, election procedures,
competence, procedures for the taking of decisions and terms of
office of the management body functioning on an ongoing basis, as
well as the audit body of economic and financial activities;
4) the legal relationship with territorial and other
constituent bodies;
5) the regulations for admission to and exclusion from
membership;
6) the rights and duties of members;
7) the institution or official that is entitled to take
decisions regarding the acquisition and alienation of movable and
immovable property;
8) the procedures for the acquisition and utilisation of
financial resources;
9) the procedures for self-liquidation and reorganisation;
10) the procedures for the utilisation of property and
financial resources, if the public organisation or association of
public organisation is liquidated by a decision of the general
meeting, congress or conference; and
11) other provisions that may be necessary for the activities
of the public organisation or association of public
organisations.
[5 April 1995; 25 November
1999]
Section 9. Name and Symbols of
Public Organisations and Associations thereof
The name, abbreviation of the name and symbols of public
organisations and associations thereof shall clearly differ from
the name, abbreviation of the name and symbols of the State and
local government institutions, mass media, companies
(undertakings) and public organisations and associations thereof
already registered in Latvia (regardless of whether or not such
organisations continue to operate). Utilisation of the name,
abbreviation thereof or symbols of an already registered public
organisation is permitted only in the cases that are provided for
in Sections 32., 32.1 and 32.2 of this Law
.
Names, abbreviation of the names and symbols of public
organisations and associations thereof are prohibited, which:
1) match the name, abbreviation of the name or symbols of such
organisation or group which, in accordance with the judgment of
the Nuremberg International Military Tribunal, has been
recognised as criminal, or which reproduce the name, abbreviation
of the name or symbols of such organisation or group;
2) match the name, abbreviation of the name or symbols of such
foreign organisation, the goal or activities of which are aimed
against the independence, sovereignty or security of Latvia, or
which reproduce the name, abbreviation of the name or symbols of
such organisation;
3) match the name, abbreviation of the name, symbols or a
characteristic element of military formations of another state,
including a no longer existing state, or reproduce the name,
abbreviation of the name, symbols or a characteristic element of
such formations;
4) generate a positive attitude towards violence or criminal
offences; or
5) match the name, abbreviation of the name or symbols of such
public organisations or associations of public organisations, the
activities of which have been recognised as anti-constitutional
or suspended, or reproduce the name, abbreviation of the name or
symbols of such public organisations or associations thereof.
[25 November 1999]
III.
Registration of Public Organisations and Associations
thereof
Section 10. Registration
Application
A registration application shall be submitted for the
registration of a public organisation or association of public
organisations.
The registration application shall be submitted not later than
within a period of one month from the day when a decision
regarding the establishment of the public organisation or
association of public organisations has been taken, articles of
association have been approved and management bodies as well as
audit bodies of economic and financial activities have been
elected in a general meeting, congress or conference of the
public organisation or association of public organisations.
The following documents shall be appended to the registration
application:
1) the articles of association certified by an authorised
person;
2) an extract from the minutes of the general meeting,
congress or conference regarding the establishment of the public
organisation or association of public organisations, the adoption
of the articles of association, the election of the permanently
functioning management bodies and audit bodies and regarding the
authorisation of the relevant person to represent the public
organisation or association of public organisation during the
registration process;
3) a document regarding the payment of the State fee; and
4) for the registration of an association of public
organisations - also a decision of each public organisation
included in the referred to association regarding the
establishment of an association of public organisations, taken in
accordance with the procedures specified in the articles of
association of the relevant organisation.
A registration application of the Latvian branch of public
organisations established and functioning in foreign states shall
also have attached the articles of association of the relevant
public organisation and written evidence that such foreign
organisation recognises the branch established in Latvia as a
unit of such foreign organisation.
[25 November 1999]
Section 11. Registration
Public organisations, as well as associations of public
organisations, except political organisations (parties) and
associations thereof, shall be registered in a register of public
organisations. Political organisations (parties) and associations
thereof shall be registered in a register of political
parties.
If a public organisation or association of public
organisations is registered, a registration certificate shall be
issued or sent by post to an authorised person.
[25 November 1999]
Section 12. Deferment of
Registration
Registration may be deferred for a period of up to three
months:
1) if complaints have been received from natural or legal
persons, or documents of the State or local government
institutions regarding the infringements of the procedures
specified in this Law for the establishment of public
organisations and associations thereof; or
2) if the requirements of this Law and other laws have not
been complied with in preparing the articles of association.
The reasons due to which the registration of a public
organisation or association of public organisations is deferred
shall be indicated in a decision regarding the deferment of
registration.
The decision shall be issued or sent by post to an authorised
person not later than within a period of three days after the
taking thereof.
[5 April 1995; 25 November
1999]
Section 13. Rejection of a
Registration
Public organisations and associations thereof shall not be
registered if:
1) the articles of association submitted or programme
documents indicate that the goals or activities of a public
organisation or association of public organisations are in
conflict with the Constitution, laws of the Republic of Latvia or
international agreements binding on Latvia;
2) the procedures for the establishment of public
organisations or associations thereof specified in this Law have
been violated; or
3) shortcomings (deficiencies) in the articles of association,
name, abbreviation of the name or symbols of the public
organisation or association of public organisations have not been
eliminated after the deferment of registration.
The reasons due to which the public organisation or
association of public organisations is not registered shall be
indicated in a decision regarding a refusal of registration.
The decision shall be issued or sent by post to an authorised
person not later than within a period of three days after the
taking thereof.
[11 November 1993, 5 April 1995, 25
November 1999]
Section 14. Contesting and Appeal of
a Decision
A submission wherein the decisions referred to in Paragraphs
12 and 13 of this Law are contested may be submitted to the Chief
State Notary of the Enterprise Register. A decision of the Chief
State Notary of the Enterprise Register may be appealed to a
court.
A submission or application shall be signed by the authorised
person of a public organisation or association of public
organisations.
[31 March 2004]
Section 15. Legal Effect of
Registration
From the day when a public organisation or association of
public organisations is registered, such organisation or
association obtains the rights of a legal person and becomes a
private-law body.
Public organisations and associations thereof may begin the
activities provided for by laws and in the articles of
association thereof from the day of registration.
[25 November 1999]
Section 15.1 Amendments
to Articles of Association, Change of Address of a Public
Organisation and Association of Public Organisations and Changes
in the Composition of the Permanently Functioning Management
Body
Amendments to the articles of association of a public
organisation or association of public organisations shall come
into effect at the time of taking thereof, but in respect to
third parties - only after the registration of the new version of
the articles of association (with amendments) in the relevant
register. Amendments to the articles of association may not have
a retrospective effect.
An application regarding the registration of amendments to the
articles of association shall be submitted and examined in
accordance with the procedures specified in Sections 10-14 of
this Law. The application and, if necessary, also a complaint
shall be signed by a person authorised by the management body or
the head of the public organisation or association of public
organisations.
In addition to what is specified in Paragraphs 12 and 13 of
these Regulations the registration of amendments to the articles
of association may be deferred if a decision regarding the
amendment of articles of association has been taken in violation
of the procedures specified in the articles of association, and
registration may be refused if the violation of the articles of
association is not eliminated.
A public organisation or association of public organisations
shall notify the relevant register within a period of 15 days
regarding the change of the location of the permanently
functioning management body or the head, as well as regarding all
the changes in the composition of the permanently functioning
management body.
[25 November 1999; 31 March
2004]
IV. Activities
of Public Organisations and Associations Thereof
Section 16. Public Activities
In order to reach the goals provided for in the articles of
association, public organisations and associations thereof have
the right to carry out public activities that are not in conflict
with regulatory enactments.
For such purpose, such organisations and associations may:
1) freely distribute information regarding the activities
thereof;
2) establish their own press publications and other mass
media;
3) organise mass rallies, demonstrations, street processions
and meetings in public places;
4) maintain contacts with the public organisations of other
states;
5) shape public opinion; and/or
6) carry out other public activities.
In matters related to the goals and tasks of the activities of
the relevant public organisation or association of public
organisations, such organisation or association may turn to the
State and local government institutions and, if provided for in
the articles of association, - also to a court in order to defend
the rights of the members thereof or interests protected by
law.
Public organisations and associations thereof, in the cases
provided for by laws and Cabinet regulations, may become
public-law bodies and perform individual State functions
transferred thereto.
If a public organisation or association of public
organisations performs State functions, it has the following
rights:
1) to receive information from the State and local government
institutions that is necessary to perform the State functions
transferred to the relevant public organisation or association of
public organisations; and
2) to be present and express the opinion of the organisation
or association at the meetings of the State and local government
institutions when matters related to the State functions
transferred to the relevant public organisation or association of
public organisations are examined.
If a public organisation or association of public
organisations performs State functions, it has the following
duties:
1) to provide opinions at the request of the State and local
government institutions in matters related to the State functions
transferred to the relevant public organisation or association of
public organisations; and
2) to examine submissions, complaints and proposals of natural
or legal persons in accordance with the procedures specified by
law;
[25 November 1999; 31 March
2004]
Section 17. Prohibition to Form
Armed or Militarised Units
Public organisations and associations thereof are prohibited
from arming their members, organising military training for such
members and forming militarised units.
Members of public organisations may wear military uniform only
if the relevant organisation has received a permit of the
Minister for Justice. An attire is considered to be a military
uniform if it :
1) matches the uniforms of military formations of Latvia or
other states, including no longer existing states, or is similar
to such uniforms; or
2) matches uniforms of the Latvian State Police or local
government police or is similar to such uniforms.
[25 November 1999]
Section 18. Entrepreneurship and
Economic Activities
In order to reach the goals specified in the articles of
association, public organisations and associations thereof in
accordance with the procedures specified in the laws are
entitled:
1) to acquire movable and immovable property;
2) establish companies, purchase shares or stock in companies;
and
3) carry out economic activities related to the maintenance
and utilisation of the property of such organisations or
associations, as well as other economic activities that are not
systematic and which do not have a gaining a profit purpose and
nature.
Legal and financial relationships of a public organisation or
association of public organisations with the established
companies (undertakings) shall be specified by laws, articles of
association or agreement of the public organisation or
association of public organisations and the company
(undertaking).
[5 April 1995; 25 November
1999]
Section 19. Restrictions on
Entrepreneurship and Other Economic Activities
A public organisation and an association of public
organisations shall be a non-profit organisation and the income
obtained as a result of its economic activities, as well as other
income permitted by this Law, shall be used for the goals
provided for in the articles of association of such public
organisation or association of public organisations, and such
income may not be shared among the members of the public
organisation or association of public organisations. The income
surplus over expenses shall be paid into a reserve fund that
transfers to the next financial year, such surplus shall not be
subject to income tax.
In case of the self-liquidation of the public organisation or
association of public organisations, the property and financial
resources may not be divided among the members of the public
organisation.
[25 November 1999] (Amendments to
Section 19, Paragraph one of the Law shall come into force on 1
January 2000.))
Section 20. Financial Resources
Financial resources of public organisations and associations
thereof may consist of:
1) membership fees and admission fees;
2) donations of natural and legal persons;
3) income from entrepreneurship or other economic activities;
and
4) other income from financing sources that are not prohibited
by laws or other regulatory enactments.
Local governments and the State or local government
undertakings are prohibited from financing the political
activities of any public organisations. Local governments and the
State or local government undertakings may finance only the
implementation of the target programmes of public organisations
or associations thereof (except political target programmes).
Such financial resources may not be utilised for the hiring of
employees of public organisations or associations thereof.
Public organisations and associations thereof are prohibited
from taking levies, as well as other payments, which are
mandatory for legal or natural persons, except membership fees
and admission fees. If the performance of State functions has
been delegated to public organisations and associations thereof
by regulatory enactments adopted by the Cabinet, the Cabinet or -
under the authorisation thereof - the relevant ministry shall
determine the charges for the performance of such functions.
[6 April 1993, 5 April 1995, 25
November 1999]
Section 21. Transparency of the
Activities of Public Organisations
Each year not later than by 31 March, public organisations and
associations thereof shall submit a report regarding the income
and expenditure of the previous year in accordance with the
procedures specified by the State Revenue Service. Any member of
the relevant public organisation, as well as mass media
journalists, may become acquainted with such report.
Any member of the relevant public organisation may be present
at the meetings of the bodies of public organisations. The
articles of association shall specify the rights and duties of
the members present.
Journalists of the mass media may be present at the meetings
of the highest decision-making bodies of the public organisations
- general meetings, congresses and conferences.
Members of the public organisations and journalists of the
mass media may become acquainted with the decisions taken by the
public organisations and officials thereof.
[5 April 1995]
Section 21.1 Provisions
regarding Accounting Records
Public organisations and associations thereof shall maintain
accounting records in accordance with the regulatory enactments
in force.
[25 November 1999]
Section 22. Taxes
Public organisations and associations thereof shall pay taxes
in accordance with the procedures and in the amounts specified by
laws.
Section 23. Audit of
Entrepreneurship and Other Economic and Financial Activities
The entrepreneurship and other economic and financial
activities of a public organisation or association of public
organisations shall be examined not less than once a year and the
accounting of such organisation or association shall be audited
by the audit body of the public organisation or association of
public organisations.
[5 April 1995]
V. Supervision
and Control of the Activities of Public Organisations and
Associations thereof
Section 24. Supervision and Control
of Activities
The activities of public organisations and associations
thereof shall be supervised and controlled by the State
institutions within the scope of the competence specified by
regulatory enactments.
The officials of institutions shall control within the scope
of the service duties, whether public organisations and
associations thereof comply with the laws and other regulatory
enactments and whether the activities thereof comply with the
articles of association. Such officials have the right to
participate in the meetings of the public organisations, as well
as to become acquainted with the relevant documents of the public
organisations and to punish in accordance with the procedures
specified by law the persons at fault for the violation of this
Law.
Other interference in the activities of public organisations
and associations thereof is prohibited.
[5 April 1995; 25 November
1999]
Section 25. Control of
Entrepreneurship and Other Economic and Financial Activities
The State Revenue Service shall control within the scope of
competence thereof the entrepreneurship and other economic and
financial activities of public organisations and associations
thereof.
[5 April 1995]
Section 26. Warning regarding
Termination of Illegal Activity
If State institutions determine that a public organisation (a
division of the public organisation) or an association of public
organisations does not comply with the laws or other regulatory
enactments, such institutions shall notify the permanently
functioning management body or the head of the relevant public
organisation or association of public organisations in writing
and shall request that the illegal activity be terminated.
If a territorial division of the public organisation does not
comply with the laws or other regulatory enactments, a warning
shall be sent to the relevant territorial division and the
permanently functioning management body or the head of the public
organisation.
Section 27. Complaints regarding
Activities of Public Organisations or Associations of Public
Organisations that are Illegal or do not Comply with the Articles
of Association
Complaints regarding illegal establishment of public
organisations or associations of public organisations, as well as
activities that are illegal or do not comply with the articles of
association, liquidation or reorganisation shall be reviewed by a
court at the request of the members of the relevant public
organisation or association of public organisations or an
application of the Minister for Justice. If the court, in
examining such complaint, determines violations of laws or the
articles of association, it may:
1) revoke the decisions taken by an institution or official of
the public organisation or association of public organisations,
which are illegal or do not comply with the articles of
association;
2) void officials or institutions the election of which does
not comply with the articles of association; and
3) assign the public organisation or association of public
organisations to prevent other illegal activities or violations
of the articles of association.
[25 November 1999]
VI.
Self-liquidation and Reorganisation of Public Organisation
Section 28. Decision regarding the
Self-liquidation or Reorganisation of a Public Organisation
The activities of a public organisation or association of
public organisations shall terminate if the highest
decision-making body thereof takes a decision in accordance with
the procedures specified in the articles of association regarding
self-liquidation or reorganisation by merging with another
organisation, splitting up or joining another organisation.
The decision regarding the self-liquidation or reorganisation
of the public organisation or association of public organisations
shall be notified to the holder of the relevant register within a
period of three days.
[16 October 1997; 25 November
1999]
Section 29. Dividing of Public
Organisation
If a public organisation splits into several new public
organisations, the property and financial resources thereof shall
be divided in accordance with the procedures specified in the
articles of association. If such matter is not regulated by the
articles of association of the organisation being liquidated or
the newly established public organisations have not reached
agreement, the property and financial resources shall be retained
by the public organisation in favour of the establishment of
which the majority of delegates has voted in a general meeting,
congress or conference. In this case, not one of the newly
established organisations has the right to retain the name,
abbreviation of the name and symbols of the former public
organisation and such organisations shall register in accordance
with the procedures specified in this Law in a register of public
organisations or political parties, respectively, in accordance
with the provisions of Section 10 of this Law.
Upon splitting up the public organisation, the newly
established organisations shall be liable for the commitments of
the former public organisation in proportion with the received
part of property.
[16 October 1997; 25 November
1999]
Section 30. Secession of a Group of
Members from a Public Organisation
If a group of members of a public organisation secedes (is
excluded) from the public organisation and establishes a new
public organisation, such organisation may receive a part of the
property and financial resources if such rights have been
provided for in the articles of association or if the highest
decision-making body of the public organisation takes a decision
to transfer a part of the property and financial resources to the
newly established organisation. In this case, the newly
established organisation may not retain the name, abbreviation of
the name and symbols of the public organisation from which the
group of members has seceded (has been excluded) and such newly
established organisation shall register in accordance with the
procedures specified in this Law in a register of public
organisations or political parties, respectively, in accordance
with the provisions of Section 10 of this Law.
[16 October 1997; 25 November]
Section 31. Secession of a
Territorial Division from Public Organisation
If a territorial division secedes (is excluded) from a public
organisation, which has the rights of a legal person in
accordance with the articles of association, such territorial
division shall lose the previous name, abbreviation of the name
and symbols, but retain the property and financial resources
acquired through its own efforts if such rights are provided for
in the articles of association of the public organisation. In
such case, the seceded territorial division shall be deemed as a
newly established public organisation and it shall register in
accordance with the procedures specified in this Law in a
register of public organisations or in a register of political
parties, respectively, in accordance with the provisions of
Section 10 of this Law.
[16 October 1997; 25 November
1999]
Section 32. Merging of Public
Organisations
If two or more public organisations merge in a new public
organisation, the newly established organisation shall register
in accordance with the procedures specified in this Law in a
register of public organisations or in a register of political
parties, respectively.
The newly established public organisation shall indicate in
the articles of association that it has been established in
accordance with the reorganisation procedures, merging the
relevant public organisations, and that it is the successor in
the rights and obligations of such organisations.
[16 October 1997; 25 November
1999]
Section 32.1
Transformation of Public Organisation into Political Organisation
(Party)
In order to transform a public organisation into a political
organisation (party), the highest decision-making body of such
public organisation - general meeting, congress or conference -
shall be convened in accordance with the requirements of the
articles of association of the relevant public organisation,
during which a decision regarding the transformation of the
public organisation into a political organisation (party) shall
be taken. Such decision may be taken if not fewer than 200
members - citizens of Latvia - of the relevant public
organisation vote in favour in accordance with the procedures
specified in the articles of association of the public
organisation.
In transforming a public organisation into a political
organisation (party), all the provisions of this Law that
regulate the establishment of political organisations (parties)
shall be complied with.
In transforming a public organisation into a political
organisation (party), it is permitted to keep the name,
abbreviation of the name and symbols of the relevant public
organisation.
The newly established political organisation (party) shall
indicate in the articles of association thereof, that it is the
successor in the rights and obligations of the public
organisation.
[11 December 1997]
Section 32.2
Transformation of Political Organisation (Party) into Public
Organisation
In order to transform a political organisation (party) into a
public organisation, the highest decision-making body of such
political organisation (party) - general meeting, congress or
conference - shall be convened in accordance with the
requirements of the articles of association of the relevant
political organisation (party), during which a decision regarding
the transformation of the political organisation (party) into a
public organisation shall be taken.
In transforming a political organisation (party) into a public
organisation, all the provisions of this Law that regulate the
establishment of public organisations shall be complied with.
In transforming a political organisation (party) into a public
organisation, it is permitted to keep the name, abbreviation of
the name and symbols of the relevant political organisation
(party).
The newly established public organisation shall indicate in
the articles of association thereof, that it is the successor in
the rights and obligations of the political organisation
(party).
[11 December 1997]
Section 33. Cancellation of the
Registration of a Public Organisation
[25 November 1999]
Section 33.1 Keeping of
Archive (Collection) Documents of Public Organisations
The highest decision-making body of a public organisation or
association of public organisations shall specify the procedures,
by which the archive (collection) documents of the public
organisation or association of public organisations shall be
organised and kept, in a decision regarding self-liquidation or
reorganisation of the public organisation or association of
public organisations.
Destruction of the archive (collection) documents of public
organisations or associations of public organisations shall be
co-ordinated with the national supervisory institutions of the
Fund of the National Archives of Latvia.
[11 May 1993]
VII. Suspension
or Termination of Activities of a Public Organisation or
Association of Public Organisations by Judicial Process
Section 34. Initiation of the
Suspension or Termination of Activities
The activities of a public organisation or association of
public organisations may be suspended or terminated by a
court.
The following persons have the right to initiate the issue
regarding the suspension or termination of activities of a public
organisation or association of public organisations in a
court:
1) the Prosecutor General;
2) the Chief State Notary of the Enterprise Register;
3) the heads of the State security authorities;
4) the Director-General of the State Revenue Service; and
5) the Chief of the Prevention and Combating of Corruption
Bureau.
An application for suspension or termination of activities of
a public organisation or association of public organisations
shall be submitted to a court in accordance with the procedures
specified by law. The candidate of a liquidator shall be
indicated in the application for the termination of activities of
a public organisation or association of public organisations.
[25 November 1999; 31 March
2004]
Section 35. Suspension of Activity
by Judicial Process
A court may suspend the activities of a public organisation or
association of public organisations for a period of up to six
months if the public organisation or a division thereof:
1) continues illegal activities even after the receipt of a
warning regarding the termination of such activities; or
2) repeatedly violates the Constitution of the Republic of
Latvia, laws or other regulatory enactments within a period of
one year from the day of receipt of a warning regarding the
termination of illegal activities.
An adjudication of the court regarding the suspension of the
activities of the public organisation or association of public
organisations shall be notified to the relevant public
organisation or association of public organisations within a
period of three days after the receipt thereof. The court
adjudication may be appealed in accordance with the procedures
and time periods specified by the laws of civil procedure.
After an adjudication comes into legal effect, such
adjudication shall be sent to the keeper of the relevant register
and shall be published in the newspaper Latvijas Vēstnesis
(the Official Gazette of the Government of the Republic of
Latvia)
[5 April 1995; 16 October 1997; 25
November 1999]
Section 36. Consequences of the
Suspension of Activities
If a court suspends the activities of a public organisation or
association of public organisations, the public organisation or
association of public organisations and the territorial divisions
thereof shall terminate public activities within the time period
for the suspension of activities specified in the
adjudication.
If the activities of the public organisation have been
suspended, the association of public organisations, the
participant of which the relevant organisation was, need not
suspend the activities thereof.
If the activity of an association of public organisations has
been suspended, the public organisations included therein need
not suspend the activities thereof.
Section 37. Termination of Activity
by Judicial Process
A court may terminate the activities of a public organisation
or association of public organisations if the public organisation
or territorial division thereof allow the following violations of
the law:
1) fails no implement an adjudication of the court regarding
the suspension of activities or fails to eliminate the violation
of the law due to which the activities thereof were suspended
within the time period specified by the court;
2) deliberately allows criminal offences;
3) encourages citizens of Latvia or members of such
organisation or association not to comply with (violate) laws and
other regulatory enactments or to commit criminal offences;
4) uses the names, abbreviations of names or symbols referred
to in Paragraph 9 of this Law; or
5) advocates ideas of racial, national or religious hate,
praises, supports criminal offences or expresses a positive
attitude towards such offences in public places, press or other
printing material intended for distribution to the public.
The court, in taking an adjudication regarding the termination
of activities of a public organisation or association of public
organisations, shall decide on the following matters:
1) regarding the necessity of a liquidation process,
appointment of a liquidator (liquidation commission);
2) regarding the alienation of the property of the public
organisation or association of public organisations in favour of
the State, unless otherwise specified by law or the articles of
association; and
3) on what resources and in accordance with which procedures
the documents of the public organisation or association of public
organisations shall be organised and transferred to the State
Archives for storage.
[25 November 1999]
Section 38. Implementation of a
Court Adjudication
A true copy of a judgement regarding the termination of
activities of a public organisation or association of public
organisations shall be sent to a register of public organisations
in which a note shall be made regarding the commencement of
liquidation.
If the monies are not sufficient to meet the claims of
creditors, the liquidator shall sell the property of the public
organisation or association of public organisation in an auction
in accordance with the provisions of the Civil Procedure Law
regarding the implementation of a court judgement. The deed of an
auction of immovable property shall be approved by a court.
The expenses related to the liquidation shall be first covered
by the resources of the public organisation or association of
public organisations to be liquidated. The claims of the members
of the management body of the public organisation or association
of public organisations to be liquidated regarding remuneration
for work shall be satisfied only after the satisfaction of the
claims of other creditors if resources are sufficient.
The provisions regarding the activities of an administrator in
case of insolvency of undertakings or companies shall be applied
to the activities of the liquidator.
The court shall take a decision regarding the exclusion of the
public organisation or association of public organisations from
the register after the completion of the liquidation and transfer
of the documents to the archives for State storage.
[25 November 1999]
Section 39. Consequences of
Termination of Activity
From the day when the adjudication of a court regarding the
termination of activities of a public organisation or association
of public organisations comes into legal effect the closed public
organisation or association of public organisations and the
territorial divisions thereof shall forfeit all the rights
specified in this Law and other laws.
The matter regarding the utilisation of the immovable property
of the public organisation or association of public organisations
shall be decided by the Cabinet or an authorised institution
thereof.
[5 April 1995; 25 November
1999]
VIII.
Provisions for the Establishment, Activity and Liquidation of the
Territorial Divisions of Public Organisations
Section 40. Territorial
Divisions
Public organisations are entitled to establish their
territorial divisions.
The articles of association of the public organisation shall
specify the procedures for the establishment of a territorial
division of the public organisation and the legal, economic and
financial relations of such territorial divisions with the
relevant public organisation.
The provisions for activities of the territorial divisions of
the public organisation are specified in this Law, other laws and
regulatory enactments adopted on the basis thereof.
Section 41. Notice regarding the
Establishment of Territorial Divisions
Within a period of two weeks the permanently functioning
management body of the relevant public organisation shall notify
the keeper of the relevant register and the relevant local
government regarding the establishment of a territorial division
of the public organisation .
[16 October 1997; 25 November
1999]
Section 42. Activities of
Territorial Divisions
The relevant public organisation shall be fully liable for the
activities of the territorial divisions of the public
organisation, unless otherwise specified by other laws.
If a territorial division of the public organisation has the
rights of a legal person, the relevant public organisation and
territorial division shall be jointly liable for the economic and
financial activities.
[25 November 1999]
Division
Two
Ancillary Provisions for the Establishment, Registration,
Activity and Liquidation of Certain Public Organisations and
Associations thereof
IX. Ancillary
provisions for the Founding, Registration and Activities of
Political Organisations (Parties)
[5 April 1995]
Section 43. Concept and Basic Goals
of Activity of Political Organisations (Parties)
Political organisations (parties) are such organisations which
are established by not fewer than 200 citizens of Latvia in order
to undertake political activities, take part in an election
campaign, nominate candidates, manage the activities of deputies
in the Saeima and local governments on the basis of common
goals, and via the deputies to implement the programme thereof,
as well as to engage in the establishment of State administrative
institutions.
[25 November 1999]
Section 44. Laws regarding Political
Organisations (Parties)
Provisions for the establishment, registration, activities and
liquidation of political organisations (parties) are specified in
Sections 2-5, 7-15.1, Paragraphs one and two Section 16, Sections
17-18, Paragraphs two, three and four of Section 21, Sections
22-42, this Chapter, as well as other laws and regulatory
enactments adopted on the basis thereof.
[31 March 2004]
Section 45. Members of Political
Organisations (Parties)
Members of a political organisation (party) may only be
citizens of Latvia who have reached the age of 18 years and
persons who in accordance with the Law On the Status of such
Former U.S.S.R. Citizens who do not have the Citizenship of
Latvia or that of any Other State have the right to receive a
non-citizen's passport issued by the Republic or Latvia and who
have individually joined the political organisation (party),
observing the provisions of the articles of association.
The member candidates of political organisations (parties) may
be persons who have reached the age of 16 years.
Only such political organisations (parties) with not fewer
than 200 citizens of Latvia may be registered and operate in
Latvia. In a political organisation (party), with more than 400
members, not fewer than half of all the members shall be citizens
of Latvia.
Legal persons may not be members of a political organisation
(party).
At the request of the register institution of political
parties, the political organisation (party) shall provide written
information regarding the number of members thereof, indicating
the given name, surname and personal identity number of each
member.
[25 November 1999; 31 March
2004]
Section 46. Ancillary Provisions of
Establishment
Programme documents of a political organisation (party) shall
be adopted in a general meeting, congress or conference
establishing the political organisation (party).
[5 April 2005]
Section 47. Ancillary Provisions of
Registration and Activity
The programme documents of a political organisation (party)
and a list of not fewer than 200 founders of the relevant
political organisation (party) shall also be appended to the
application for registration. Opposite the given name, surname
and personal identity number of each founder of the political
organisation included in the list, there shall be the relevant
founder's signature, certified by a sworn notary in accordance
with the bearer documents procedure specified by law.
The highest decision-making body of the political organisation
(party) - general meeting, congress or conference - shall be
convened not less than once in a calendar year.
The management body (before registration - founders) shall
publish a paid notice regarding the general meeting, congress or
conference of the political organisation (party) in the newspaper
Latvijas Vēstnesis not later than within a period of 15
days before convening thereof, mentioning the venue (address),
time (year, month, day, hour), draft agenda, as well as the given
name, surname and phone number of the responsible person.
The procedures for the financing of a political organisation
(party) shall be regulated by a special law.
[25 November 1999; 31 March
2004]
Section 48. Publication of Articles
of Association
The keeper of a register of political parties shall submit the
articles of association of the registered political organisation
(party) for publication in the newspaper Latvijas
Vēstnesis.
[5 April 1995; 25 November
1999]
Section 49. Restrictions for
Political Activities
Restrictions on the activities of public officials in
political organisations (parties) are specified by other
laws.
[25 November 1999]
X. Ancillary
Provisions for the Establishment and Activities of Open Public
Foundations
Section 50. Concept of Open Public
Foundations
Open public foundations are public organisations that shall be
established in order that the money donated by natural and legal
persons, as well as other financial resources and property of
open public foundations are utilised for the society needs.
Procedures by which the financial resources and property of
open public foundations are utilised for the intended purposes
shall be specified by the articles of association of each open
public foundation.
Natural or legal persons may establish foundations with
limited participation. Provisions for the establishment,
activities and liquidation of such foundations is prescribed by a
special law.
Section 51. Laws on Open Public
Foundations
The basic provisions for the establishment, registration,
activities and liquidation of open public foundations are
specified in Sections 1-5, Paragraph three of Section 6, Sections
7-42 of this Law, this Chapter and other Laws, as well as
regulatory enactments adopted on the basis thereof.
Section 52. Members of Open Public
Foundations
Members of open public foundations may only be:
1) persons who have reached the age of 18 years and who have
joined individually, complying with the provisions of the
articles of association; and
2) legal persons, except State administrative and local
government authorities (institutions).
Section 53. Exemption of Open Public
Foundations from Tax Payments
The legislator may fully or partially exempt certain open
public foundations and companies (undertakings) thereof, as well
as the donors of such foundations from the payment of taxes in
accordance with tax laws. Open public foundations may be exempted
from tax payments not earlier than one year after the day of
registration of such foundations. The legislator may take such a
decision if the open public foundations and companies
(undertakings) thereof have used the financial resources and
property as purposefully as possible in accordance with the tasks
provided for in the articles of association and the needs of
society. If it is necessary to finance public events of national
importance, the legislator may take a decision regarding the
exemption of an open public foundation from tax payments, not
observing the time periods specified in this Section.
The legislator may take the decision regarding the exemption
of an open public foundation from tax payments for a time period
that is not longer than one year on the basis of a report
regarding the income and expenditure of the previous year
submitted by the open public foundation, as well as on the basis
of an opinion of the State Revenue Service regarding the
financial activities of the open public foundation and companies
(undertakings) thereof during the previous year.
A decision regarding a repeated exemption of an open public
foundation from tax payments shall be taken in accordance with
the procedures specified in Paragraph two of this Section.
[5 April 1995; 25 November
1999]
XI. Ancillary
Provisions for the Establishment and Activities of Corporations
(Professional Associations )
Section 54. Concept of Corporations
(Professional Associations) and Goals of Activities thereof
Corporations (professional associations) are public
organisations in which natural persons unite according to the
principle of profession in order to maintain their professional
growth and improvement of creative abilities, facilitate the
increase of the prestige of their profession and acquisition of
valuable experience on the basis of common interests.
Section 55. Laws on Corporations
(Professional Associations)
Provisions for the establishment, activities and liquidation
of corporations (professional associations) are specified in
Paragraph one of Section 1, Sections 2-5, and Sections 7-42 of
this Law, this Chapter and other laws, as well as the regulatory
enactments adopted on the basis thereof.
Section 56. Members of Corporations
(Professional Associations)
Members of corporations (professional associations) may only
be such persons who have reached the age of 18 years and who have
acquired the education and degree of professional qualification
specified in the articles of association of corporations
(professional associations), besides such persons have been
admitted in the corporation (professional association)
individually in accordance with the procedures specified in the
articles of association.
[6 April 1993]
Section 57. Rights of Corporations
(Professional Associations )
Corporations (professional associations) in accordance with
the procedures specified by laws have the right:
1) to perform the certification of workers of the relevant
profession and grant licences to such workers for professional
activities;
2) to create social security and benefit funds and disburse
pensions and benefits specified in the articles of association of
corporations (professional associations) to the members thereof
in addition to State pensions and benefits; and
3) to perform other activities in accordance with the
procedures specified by regulatory enactments.
The professional qualification levels and occupational
designations assigned to the members of corporations
(professional associations) shall create additional rights only
in the cases provided for by the laws of the Republic of
Latvia.
[25 November 1999]
XI.1
Ancillary Provisions for the Establishment, Registration and
Activities of Professional Creative Organisations
[5 April1995]
Section 57.1 Concept and
Goals of the Activities of Professional Creative
Organisations
Professional creative organisations are public organisations
in which natural persons unite according to the principle of
artistic or scientific creation in order to create, preserve and
promote the work results of the members of the relevant public
organisation and facilitate the development of spiritual and
material culture of Latvia.
[5 April1995]
Section 57.2 Laws on Professional
Creative Organisations
Provisions for the establishment, registration, activities and
liquidation of professional creative organisations are specified
by Sections 1-5, 7-17, Paragraph one of Section 18,, Sections
19-42, Section 57, this Chapter, as well as other laws and
regulatory enactments adopted on the basis of such laws.
[5 April1995]
Section 57.3 Associations
of Professional Creative Organisations
An association of professional creative organisations, in
which more than a half of professional creative organisations
registered in accordance with the procedures specified by law
have been united, may become a public-law body and carry out
particular State functions.
[5 April1995]
Section 57.4 Members of
Professional Creative Organisations
Members of professional creative organisations may only be
such persons who have reached the age of 18 and who have acquired
the education and professional qualification specified in the
articles of association of the relevant professional creative
organisation, and have reached a certain level of creative
development. Other requirements to be set for a membership
candidate of the relevant creative organisation may also be
specified in the articles of association.
[5 April1995]
Section 57.5 Ancillary Provisions of
Financing
After registering in a register of public organisations, a
professional creative organisation and association of
professional creative organisations may also register with the
Ministry of Culture, thereby acquiring the right to receive
financial resources from the State budget for the implementation
of concrete projects or programmes, performance of particular
State functions or other objectives related to the State cultural
policy. If the financing from the State budget has been granted
to the professional creative organisation, such financing shall
be co-ordinated with an association of professional creative
organisations that has been established in accordance with the
procedures specified in Section 57.3 of this Law.
Local governments have the right to finance the target
programmes or certain events of professional creative
organisations, as well as exempt such organisations from taxes,
fees and other payments or to reduce such taxes, fees and
payments within the scope of the competence such local
governments.
[5 April1995; 16 October 1997; 25
November 1999]
Section 57.6 Ancillary
Provisions of Entrepreneurship
[25 November 1999]
[5 April1995; 25 November 1999]
XII. Ancillary
Provisions for the Establishment, Registration and Activities of
Public Sports Organisations and Associations thereof
Section 58. Concept of Public Sports
Organisations and Associations thereof
A public sports organisation is an organisation established
for the organising of healthy recreation, renewal and increase of
physical and intellectual abilities, and achieving high results
in sports.
An association of public sports organisations shall be
established by two or more public sports organisations or
associations thereof.
Only one public sports organisation or association of public
sports organisations of the relevant sport (sport federation,
sport association, sport society etc.) may manage and co-ordinate
the work in the relevant types of sports or in the fields of
activity nation-wide and represent Latvia in international sports
organisations. The referred to right shall be granted by the
leading State sports institution if the relevant public sport
organisation or association of public sport organisations
conforms to the criteria approved by the National Sport
Council.
Other legal persons the activities of which are related to
sports may be in the composition of the associations of public
sports organisations along with public sports organisations or
associations thereof.
One public sports organisation may be in the composition of
several associations of public sports organisations.
[25 November 1999]
Section 59. Laws on Public Sports
Organisations and Associations thereof
Provisions for the establishment, registration, activities and
liquidation of public sports organisations and associations
thereof are specified by Sections 1-19, Paragraph two of Section
20, Sections 21-42, this Chapter, as well as other laws of the
Republic of Latvia and regulatory enactments adopted on the basis
of such laws.
Section 60. Ancillary Provisions of
Financing
After registration in a register of public organisations, a
public sports organisation or association of public sports
organisations may also be registered with the leading State
sports institution, which gives the relevant organisation or
association the right to receive financial resources from the
State budget.
Local governments have the right to finance public sport
organisations and associations thereof from their budget.
[25 November 1999]
Section 61. Ancillary Provisions of
Entrepreneurship
[25 November 1999]
Transitional
Provisions
1. The Enterprise Registry shall keep a register of public
organisations until 31 December 2005 and a register of political
organisations (parties) up to the day of the coming into force of
the Law on Political Organisations (Parties).
2. If necessary, the Cabinet shall submit to the Saeima
a draft law that regulates the activity of public registers.
[31 March 2004]
Chairperson of the Supreme Council
of the Republic of Latvia A. Gorbunovs
Secretary of the Supreme Council
of the Republic of Latvia I. Daudišs
Rīga, 15 December 1992
Translation © 2007 Tulkošanas un terminoloģijas
centrs (Translation and Terminology Centre)