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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

14 November 2008 [shall come into force on 8 December 2008];
25 February 2010 [shall come into force on 25 March 2010];
12 January 2012 [shall come into force on 08 February 2012].

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.

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

Law On Disciplinary Liability of State Civil Servants

Chapter I
General Provisions

Section 1. Purpose of this Law

The purpose of this Law is to ensure timely, complete, comprehensive and objective clarification of circumstances in which disciplinary offences were committed by State civil servants, taking of a fair decision, as well as clarification and elimination of causes and consequences of the disciplinary offence.

Section 2. Application of this Law

(1) The Law prescribes the grounds for disciplinary liability of State civil servants (hereinafter - servant), the types of disciplinary offences and the applicable disciplinary punishments, as well as the procedures by which issues on holding the servant disciplinarily liable shall be examined, the decisions taken shall be contested and appealed.

(2) This Law shall not apply to holding liable officials of the institutions of the system of the Ministry of the Interior and of the Latvian Prison Administration with special service ranks disciplinarily.

Section 3. Disciplinary Offence

(1) An offence committed by a servant intentionally or by negligence (action or failure to act), which is referred to in Chapter VI of this Law and which is related to fulfilling the official duties of a servant, shall be recognised as a disciplinary offence.

(2) Action or failure to act by a servant, which is directly oriented towards committing a disciplinary offence, however, the offence has not been committed completely due to reasons not depending on the will of the servant, shall also be recognised as a disciplinary offence.

(3) The disciplinary offence laid down in this Law is the sole basis for imposing a disciplinary punishment.

(4) The disciplinary offence referred to in this Law, which is not related to fulfilling the official duties of a servant, shall be a disciplinary offence only in case if it harms the universal respect towards and trust in State administration.

(5) Imposing of a disciplinary punishment shall not preclude the civil legal liability, administrative liability or criminal liability of a servant.

Section 4. Establishing the Truth

Upon examining a disciplinary matter (hereinafter also - matter), an institution has a duty to comprehensively clarify the circumstances of the matter, to establish existence or non-existence of a disciplinary offence, to survey its consequences, to establish the servant guilty of committing the disciplinary offence, as well as other circumstances which are of significance in examining the disciplinary matter.

Section 5. Forms of Guilt

(1) A servant who has committed a disciplinary offence intentionally or by negligence shall be found guilty of a disciplinary offence.

(2) A disciplinary offence shall be recognised as being committed intentionally, if the servant who committed it was aware of unlawful nature of his or her action, anticipated the unfavourable consequences thereof and wished or knowingly permitted the setting in of such consequences.

(3) A disciplinary offence shall be recognised as being committed by negligence, if the servant who committed it was aware of the possibility that his or her action may cause setting in of unfavourable consequences, however, thoughtlessly counted on them not setting in or being able to prevent them, or also did not anticipate the possibility of such consequences setting in, although they could be anticipated and should have been anticipated.

(4) Negligence may be gross or ordinary.

(5) A disciplinary offence shall be recognised as committed by gross negligence, if the civil servant who committed it was aware of the possibility that his or her action will result in setting in of unfavourable consequences, however, thoughtlessly relied of them not setting in or being able to prevent them.

(6) A disciplinary offence shall be recognised as committed by ordinary negligence, if the civil servant who committed it did not anticipate the setting in of unfavourable consequences as a result or his or her action and did not wish that such consequences would set in, although they could have been anticipated and should have been anticipated.

Section 6. Extreme Necessity

A civil servant shall not be held disciplinarily liable, if he or she was in a situation of extreme necessity, i.e., he or she carried out activities which were necessary in order to prevent harm to the State or public order, property, personal rights and freedoms or specific administrative procedure, if it had not been possible to prevent the relevant harm in the particular circumstances using other means and if the harm caused is smaller than the harm prevented.

Section 7. Justifiable Professional Risk

A civil servant who acted in order to achieve an objective of significance to the public shall not be held disciplinarily liable, if it was not possible to achieve it any other way. Professional risk is justifiable, if the civil servant who allowed it has done everything to prevent harm to legally protected interests.

Section 8. Proving Procedures

The duty to prove the guilt of a servant shall lie with the institution. No one may be recognised guilty of committing a disciplinary offence and disciplinarily punished until his or her guilt is proven in accordance with the procedures laid down in law. All doubts shall be evaluated in favour of the servant.

Section 9. Duty of Compensating for Losses

(1) Taking of a decision in a disciplinary matter (Paragraph one of Section 31) shall not exempt the State from a duty to reimburse the financial losses or personal (also moral) damage caused to a person, in accordance with the procedures laid down in laws and regulations.

(2) Taking of a decision in a disciplinary matter shall not exempt a servant from the duty to reimburse the financial losses caused to the State, also such losses which have occurred upon reimbursing the losses or damage referred to in Paragraph one of this Section, in the cases and in accordance with the procedures laid down in laws and regulations.

Chapter II
Disciplinary Punishment

Section 10. Concept and Purpose of a Disciplinary Punishment

(1) A disciplinary punishment is a State determined coercive measure applied to a servant who has committed a disciplinary offence.

(2) The purpose of the disciplinary punishment is to punish the guilty servant, as well as to achieve that the servant would comply with laws and regulations and henceforth refrain from committing disciplinary offences.

Section 11. Types of Disciplinary Punishments

The following disciplinary punishments may be applied for disciplinary offences:

1) a reprimand;

2) reduction of the monthly wage, but not more than by 20 per cent for a time period from three months to one year;

3) demotion for a time period not exceeding three years;

4) removal from the position;

5) removal from the position without the right to apply for a position in State administration for one year.

Section 12. Principles for Determination of a Disciplinary Punishment

(1) Upon determining a disciplinary punishment, the nature of the disciplinary offence and the damage caused thereby, the form of guilt of the servant, the circumstances mitigating and aggravating the liability, as well as the level of risk existing in the relevant service of causing financial losses in case of ordinary negligence shall be taken into account.

(2) Similar disciplinary punishment shall be determined for disciplinary offences committed in similar legal and actual circumstances.

(3) If a servant has committed two or more disciplinary offences, a disciplinary punishment shall be determined for each disciplinary offence, but the final action shall be determined according to the aggregation of the disciplinary offences committed, taking the more severe action.

(4) If a servant has committed a new disciplinary offence prior to complete execution of disciplinary punishment, then the disciplinary punishment not yet imposed may be added completely or partially to the action provided for the new disciplinary offence.

(5) In determining action, the circumstances referred to in Paragraph one and, if necessary, also in Paragraphs three and four of this Section shall be indicated in a decision to impose disciplinary punishment.

(6) Imposing of disciplinary punishment shall not exempt a servant from fulfilling the duty, for non-fulfilment of which disciplinary punishment is imposed.

Section 13. Circumstances Mitigating the Liability for a Disciplinary Offence

(1) Liability for a disciplinary offence shall be mitigated by the following circumstances:

1) a servant has eliminated the consequences of the disciplinary offence upon his or her initiative, voluntarily reimbursed the losses incurred or eliminated the damage caused;

2) a servant has voluntarily admitted to committing the disciplinary offence;

3) a servant committed the offence while being under strong mental agitation due to personal reasons or family circumstances;

4) by providing information, a servant has helped to detect a situation of a conflict of interests, if it is related to a disciplinary offence regarding which the relevant case is initiated.

(2) An institution may also recognise other circumstances not referred to in this Law as circumstances mitigating the liability.

Section 14. Circumstances Aggravating the Liability for a Disciplinary Offence

(1) Liability for a disciplinary offence shall be aggravated by the following circumstances:

1) if the servant continued unlawful activity not obeying the request of a higher official to stop it, except cases when the servant exercised the right laid down in Section 16, Paragraph two of the State Civil Service Law;

2) as a result of an intentional offence committed by the servant the State or a person has been caused the loss or damage referred to in Section 15 of this Law;

3) the servant has committed the offence, intentionally using a natural disaster or other emergency circumstances;

4) the servant committed the offence during operation of disciplinary punishment;

5) the servant committed the offence while being under the influence of alcohol, narcotic, psychotropic or toxic substances.

(2) In determining punishment, such circumstances which are not referred to in this Law may not be recognised as aggravating the liability.

Section 15. Substantial Financial Loss, Personal Harm and Harm to the State Interests

(1) Financial loss caused as a result of a disciplinary offence, the amount of which on the day of committing the disciplinary offence exceeds five minimum monthly wages, shall be deemed substantial financial loss.

(2) Financial loss shall not be recognised as substantial, if the disciplinary offence has been committed due to ordinary negligence, except case when the disciplinary offence has been committed repeatedly and the loss caused as a result of the previously committed disciplinary offence conforms to the substantial financial loss referred to in Paragraph one of this Section.

(3) Personal harm caused as a result of a disciplinary offence, which is impossible to prevent upon preventing the direct consequences of the relevant disciplinary offence, shall be deemed a substantial personal harm to a person.

(4) Such harm caused as a result of a disciplinary offence to important State or public interests, which is impossible to prevent upon preventing the direct consequences of the relevant disciplinary offence, shall be deemed a substantial personal harm to the State interests.

(5) Deliberate non-compliance by a servant with the law, order, court judgment shall be deemed a substantial personal harm to the State interests, if such non-compliance has resulted in the loss of trust in the person who committed the disciplinary offence as public official.

(6) Also such loss or harm, which conforms to the requirements of Paragraph one, two, three, four or five of this Section and which could occur as a result of the disciplinary offence of the servant, but did not occur because of reasons not depending on him or her, shall be deemed a substantial financial loss to the State or a person, a personal harm or a substantial harm to the State interests.

Section 16. Operation of Disciplinary Punishment

(1) Operation of a disciplinary punishment is the time period, during which the fact that a servant has been disciplinarily punished may be used in legal relationship with the servant.

(2) Operation of a disciplinary punishment shall start from the day when execution of the decision taken to apply a disciplinary punishment (Section 32, Paragraph three) is commenced, and shall end a year after the day when carrying out of the disciplinary punishment is terminated. If a servant has been applied the disciplinary punishment laid down in Section 11, Clause 4 or 5 of this Law, the operation of the disciplinary punishment shall expire five years after the day when carrying out of the disciplinary punishment is terminated.

(3) During operation of the disciplinary punishment the State shall ensure that a servant undergoes the disciplinary punishment according to the nature of such disciplinary punishment. During operation of the disciplinary punishment:

1) a servant may not be promoted (Section 11, Clause 2);

2) a servant may not be appointed to the previous or equivalent position (Section 11, Clause 3);

3) for the first four years a servant may not be appointed to the previous or equivalent position (Section 11, Clause 4), as well as to such position in which he or she would be appointed in case if the disciplinary punishment indicated in Section 11, Clause 3 of this Law is applied;

4) in the first year a servant may not be appointed to a position (Section 11, Clause 5), but for the next three years he or she may not be appointed to the previous or equivalent position, as well as to such position in which he or she would be appointed in case if the disciplinary punishment indicated in Section 11, Clause 3 of this Law is applied.

(4) After expiry of the time period laid down in Paragraph three of this Section a servant shall be recognised as disciplinarily not punished.

Chapter III
Initiation, Taking over and Joining of a Disciplinary Matter

Section 17. Mandatory Nature of Initiating a Disciplinary Matter

(1) An institution or an official having information at the disposal thereof regarding a possible disciplinary offence has a duty to inform the institution or official having the right to take a decision to initiate a matter.

(2) An institution or an official having the initiation of a matter within the competence thereof has a duty to use all the means provided for in law in order to ascertain whether a disciplinary offence has been committed.

Section 18. Right to Initiate a Disciplinary Matter

(1) The following are entitled to initiate a matter:

1) the Prime Minister;

2) a member of the Cabinet regarding servants of institutions subordinate to him or her;

3) [14 November 2008];

4) the institution in which the servant performs State civil service;

5) a higher authority of the institution referred to in Paragraph 4 of this Regulation;

6) the Minister for Finance regarding action involving budget resources not conforming to legal acts.

(2) If a disciplinary matter is initiated by the institution or official referred to in Paragraph one, Clause 1, 2, 5 or 6 of this Section, it shall inform the institution in which the servant performs State civil service regarding initiation of a matter.

(3) The Minister for Finance shall inform another Minister without delay, if a disciplinary matter regarding action involving budget resources not conforming to legal acts has been initiated against the head of the institution subordinate to such Minister.

[14 November 2008; 25 February 2010; 12 January 2012]

Section 19. Initiation of a Disciplinary Matter

(1) A disciplinary matter shall be initiated if:

1) action or failure to act of a servant has all signs of a disciplinary offence and the following circumstances are present concurrently:

a) State civil service relationship with the servant has not ended,

b) more than two years have not passed since the day when the relevant action or failure to act was committed (completed);

2) one of the cases referred to in Paragraph three, four or five of this Section has set in.

(2) In the cases referred to in Paragraph one, Clause 1 of this Section a disciplinary matter shall be initiated not later than within a month after an institution has received information regarding facts or has itself detected facts indicating that a potential disciplinary offence has been committed. The day when information was registered in the record-keeping of the institution or the fact of offence was documented in the institution shall be deemed the day when information was received.

(3) If a disciplinary matter is not initiated because State civil service relationship with the servant has ended, it shall be initiated if the relevant person is appointed to the position of a servant and not more than two years have passed since the day when the possible disciplinary offence was detected.

(4) If a disciplinary matter is terminated (Section 34) because State civil service relationship with the servant has ended, the terminated disciplinary matter shall be restored, if the relevant person is appointed to the position of a servant and not more than two years have passed since the day when the possible disciplinary offence was detected.

(5) If criminal prosecution has been initiated for the same offence, regarding which there are grounds for initiation of a disciplinary matter, and therefore disciplinary matter is not initiated, it shall be initiated within one month from the day when the institution has received a decision that has entered into effect on termination of criminal prosecution.

Section 20. Decision to Initiate a Disciplinary Matter

(1) A decision to initiate a disciplinary matter shall be taken by the relevant institution or official referred to in Section 18, Paragraph one of this Law.

(2) A decision to initiate a disciplinary matter shall include:

1) the circumstances of committing the possible disciplinary offence;

2) the violated legal norm and the possible qualification of the disciplinary offence provided for in Chapter VI of this Law;

3) the given name, surname and position of the servant;

4) the victim, if any;

5) the institution examining the disciplinary matter (Section 24) or the person investigating the disciplinary matter (Section 28);

6) other necessary information.

(3) A decision to initiate a disciplinary matter is not an administrative act. The procedures for contesting and appeal of decisions provided for in this Law shall not apply to the decision to initiate a disciplinary matter.

(4) The servant, as well as the victim, if any, shall be made acquainted with the decision to initiate a disciplinary matter.

Section 21. Suspension from the Fulfilment of Official Duties

(1) After a decision to initiate a disciplinary matter has been taken, a servant may be suspended from fulfilment of official duties by a motivated decision temporarily, but not longer than until carrying out of the disciplinary punishment is commenced, retaining the monthly wage and social guarantees.

(2) Contesting of a decision to suspend a servant from fulfilment of official duties shall not suspend the operation thereof.

[14 November 2008]

Section 22. Taking over of a Disciplinary Matter

(1) A disciplinary matter until completion of investigation thereof or adjudication in accordance with summary procedures may be taken over only in an exceptional case, indicating a respective justification.

(2) The Prime Minister, as well as a member of the Cabinet may take over a disciplinary matter initiated against servants of the institutions subordinate to him or her and transfer it for adjudication to a higher authority of such institution in which the servant is performing State civil service.

(3) A higher authority of such institution in which the servant is performing State civil service may itself take over a disciplinary matter which is adjudicated by an institution subordinate thereto.

(4) The institution which has taken over a matter or to which the matter taken over is transferred, shall continue adjudication of the matter and appoint a person investigating the matter. If summary procedures are applied in the disciplinary matter, adjudication of the disciplinary matter taken over shall be continued in accordance with summary procedures.

(5) The servant and the victim, if any, shall be notified regarding taking over of a matter.

(6) The disciplinary matter taken over shall be adjudicated in a decision thereon shall be taken conforming to the time period in which the decision on the matter should have been taken before taking over thereof (Section 25).

[14 November 2008]

Section 23. Joining of Disciplinary Matters

(1) Disciplinary matters regarding several disciplinary offences of a servant may be joined in one disciplinary matter.

(2) Such time periods of adjudication shall be applicable to the joined disciplinary matter, which are determined for the disciplinary matter that was initiated first.

(3) If several disciplinary matters are joined, which have been initiated for one or several disciplinary offences of the servant and which are adjudicated by different institutions, the joint matter shall be within the jurisdiction of the higher authority.

[14 November 2008]

Chapter IV
Adjudication of a Disciplinary Matter

Section 24. General Provisions of Adjudicating a Disciplinary Matter

(1) A disciplinary matter shall be adjudicated by the institution in which the servant performs State civil service, investigating the disciplinary matter or adjudicating it in accordance with summary procedures.

(2) In an exceptional case, if a respective justification is indicated in the decision to initiate a disciplinary matter or to take over a disciplinary matter, the disciplinary matter may be adjudicated by the higher authority of such institution, in which the servant performs State civil service.

(3) [14 November 2008]

(4) The higher authority of such institution, in which the servant performs State civil service, may adjudicate a disciplinary matter, if it is determined by the official referred to in Section 18, Paragraph one, Clause 1 or 2 of this Law or the institution itself has taken over the matter, or such institution has decided to adjudicate the disciplinary matter itself by initiating the matter.

(41) If a disciplinary matter against the head of an institution is initiated by the Minister for Finance in accordance with Section 18, Paragraph one, Clause 6 of this Law, a disciplinary matter investigation commission approved by the Cabinet shall adjudicate the disciplinary matter. The composition of the commission shall also include a person appointed by such Minister, to whom the institution is subordinate, against the head of which the disciplinary matter is initiated.

(5) The institution which adjudicates a disciplinary matter for the purpose of carrying out post-control of the decision taken in the disciplinary matter shall be determined by taking a decision to commence post-control (Section 35).

[14 November 2008; 12 January 2012]

Section 25. Time Periods for Adjudicating a Disciplinary Matter

(1) A decision in a disciplinary matter shall be taken within a month from the day when the disciplinary matter was initiated.

(2) The time period for adjudication of a disciplinary matter determined in Paragraph one of this Section may be extended in the cases and in accordance with the procedures laid down in the Administrative Procedure Law.

(3) The time period for adjudication of a disciplinary matter shall not include the time when a servant had temporary work disability or he or she was on leave or official journey.

Section 26. Investigation of a Disciplinary Matter

(1) A disciplinary matter shall be investigated by an investigator who completes the investigation by preparing a statement on establishing a disciplinary offence, on the basis of which a decision on disciplinary matter is taken within the time period laid down in this Law.

(2) If during investigation an investigator establishes that any of the disciplinary punishments referred to in Section 11, Clause 1 or 2 of this Law is applicable, and if the servant admits to his or her guilt in committing a disciplinary offence, the investigation of the matter may be discontinued, the matter may be adjudicated in accordance with summary procedure and the decision referred to in Section 31, Paragraph one, Clause 1 or 3 of this Law may be taken.

(3) The summary procedure shall be applied only with a written consent of the servant. Such consent may be revoked until taking of a decision in the disciplinary matter (Section 31, Paragraph one).

Section 27. Duty to Participate in Investigation of a Matter

(1) A servant has a duty to participate in investigation of a matter in order to ascertain the circumstances which are related to the possible disciplinary offence.

(2) A servant, a victim, as well as another person involved have a duty to provide explanations upon request of the person investigating the matter. If the person invited is unable to arrive or to submit written explanations within the time period indicated in the request, he or she has a duty to notify the person investigating the matter thereof.

(3) Explanations may be provided in written or oral form by choice. If explanations are provided in oral form, they shall be recorded in minutes. The minutes shall be signed by the person who provided explanations and the person investigating the matter. The minutes shall be appended to the materials of the disciplinary matter.

Section 28. Person Investigating the Disciplinary Matter

(1) A person investigating the matter shall be determined by the head of such institution which is adjudicating the matter (Section 24).

(2) A person investigating the matter shall be one person or commission in composition of not less than three persons.

(3) If a disciplinary matter is initiated by an institution or official not adjudicating the matter, a representative of such institution or official shall be included in the commission investigating the disciplinary matter.

Section 29. Circumstances to be Established during Investigation of a Disciplinary Matter

(1) The person investigating the matter shall evaluate the facts and circumstances related to the disciplinary offence, request explanations from the servant, the victim, as well as another person concerned and prepare a statement on establishment of a disciplinary offence.

(2) Any such facts and circumstances shall be clarified during investigation of the matter, which are necessary for taking a lawful and useful decision. In particular, the following shall be clarified:

1) whether unlawful action has been carried out;

2) whether the servant is guilty of carrying it out;

3) the form of the guilt of the servant;

4) the circumstances mitigating or aggravating the liability;

5) whether and to what extent the person has been caused financial loss or personal harm, but the State - financial loss or harm to its interests.

(3) The facts established and the explanations obtained during the course of investigating the matter, as well as other necessary information shall be appended to the materials of the disciplinary matter.

Section 30. Statement on Establishment of a Disciplinary Offence

(1) Upon completing an investigation of a disciplinary matter, the person investigating the matter shall prepare a statement on establishment of a disciplinary offence.

(2) If the person investigating the matter establishes that the servant has committed a disciplinary offence, he or she shall indicate the preferable disciplinary punishment to be imposed against the servant for each disciplinary offence.

(3) If the person investigating the matter establishes that a disciplinary offence has been committed, however, recognises that the offence is insignificant and there are no obstacles for terminating the disciplinary matter, he or she shall indicate in the statement that the matter should be terminated by issuing an admonishment (Section 33).

(4) If it is established that action or failure to act by a servant is not disciplinary offence by nature, the person investigating the matter shall indicate in the statement that the disciplinary matter should be terminated (Section 34).

Chapter V
Taking of a Decision and Control Thereof

Section 31. Decision in a Disciplinary Matter

(1) One of the following decisions shall be taken as a result of adjudicating a disciplinary matter:

1) a decision to impose disciplinary punishment;

2) a decision to terminate the disciplinary matter;

3) a decision to terminate the disciplinary matter by expressing an admonishment.

(2) A decision in a disciplinary matter shall be taken by the institution or official which adjudicated the disciplinary matter (Section 24) or commenced post-control of the decision taken in the disciplinary matter (Section 35). A decision to impose disciplinary punishment (Section 11, Clause 3, 4 or 5) in relation to a servant who is appointed to the office by the Cabinet, shall be taken by the authorised person of the Cabinet on the basis of a decision of the Cabinet. A decision in a disciplinary matter in relation to a servant who is appointed by the Prime Minister shall be taken by the Prime Minister.

(3) If a statement regarding establishment of a disciplinary offence is prepared in a disciplinary matter, it shall be indicated in the decision referred to in Paragraph one of this Section. If the relevant official takes a decision that is different from that recommended in the statement regarding establishment of a disciplinary offence, it shall justify its decision.

(4) The decision shall be sent to the interested persons, institutions and officials in order to inform them regarding the content of the relevant decision or to ensure its execution. If criminal liability is provided for the unlawful action of the servant, the decision shall be sent to the Prosecutor's Office.

(5) A decision taken in a disciplinary matter, by which the guilt of a servant of an action not conforming to legal actions with financial resources is established, after it has become indisputable or a relevant court adjudication has entered into effect in relation thereto, the person who takes such decision shall send it to the State Chancellery, which shall publish it on the website of the State Chancellery within three working days.

[25 February 2010]

Section 32. Contesting, Appeal and Execution of the Decision Taken on Imposing a Disciplinary Punishment

(1) A servant may contest a decision to impose disciplinary punishment to a higher authority within a month after the decision has entered into effect. The servant may appeal the decision of the higher authority to a court in accordance with the procedures laid down in the Administrative Procedure Law.

(2) If there is no higher authority or the decision to take disciplinary punishment is imposed by the Prime Minister or the official referred to in the second sentence of Section 31, Paragraph two of this Law, the servant may appeal such decision to a court in accordance with the procedures laid down in the Administrative Procedure Law within a month after it has entered into effect.

(3) Contesting or appeal of such decision, which provides for imposing of the disciplinary punishment laid down in Section 11, Clause 3, 4 or 5 of this Law, shall not suspend the execution of such decision.

[14 November 2008]

Section 33. Decision to Terminate the Disciplinary Matter by Expressing an Admonishment

(1) A decision to terminate the disciplinary matter by expressing an admonishment shall be taken if it has been detected during an investigation that the servant has committed a disciplinary offence, however, the offence is insignificant, that is, the disciplinary offence has not caused unfavourable consequences or endangered the rights of other persons.

(2) Expressing an admonishment is not a disciplinary punishment.

Section 34. Decision to Terminate of a Disciplinary Matter

(1) A decision to terminate a disciplinary matter shall be taken if the composition of a disciplinary offence has not been established during investigation.

(2) The victim may contest the decision referred to in Paragraph one of this Section in a higher authority, except the case when the decision was taken by the Prime Minister or when there is no higher authority, or the Cabinet is the higher authority.

[14 November 2008]

Section 35. Post-control of a Decision Taken in a Disciplinary Matter

(1) The institution or official referred to in Section 18, Clause 1, 2 or 5 of this Law, upon their initiative, may carry out post-control of a decision taken in a disciplinary matter in conformity with the provisions of this Law, the State Administration Structure Law and the Administrative Procedure Law.

(2) The provisions of Section 31, Paragraph three of this Law shall be applied to post-control of a decision taken in a disciplinary matter or, if necessary, the matter shall be re-investigated and a decision thereon shall be taken.

Chapter VI
Disciplinary Offences

Section 36. Non-fulfilment of Official Duties

(1) For non-fulfilment or delayed, negligent or poor quality fulfilment of official duties, specific order or task, including action involving budget resources not conforming to legal acts, a reprimand shall be expressed or monthly wage shall be reduced for a time period from three months up to one year, deducting up to 20 per cent of the monthly wage.

(2) For the same disciplinary offence, if it has resulted in substantial financial losses caused to the State or a person or substantial harm to the State interests, or substantial personal harm to a person, monthly wage shall be reduced for a time period from three months up to one year, deducting up to 20 per cent of the monthly wage, person shall be demoted for a time period up to three years, removed from the office or removed from the office without the right to apply for an office in State administration for one year.

(3) For unjustified non-fulfilment or delayed, negligent or poor quality fulfilment of official duties, specific order or task, including action involving budget resources not conforming to legal acts, for the purpose of implementing personal interests or harming State administration, a person shall be demoted for a time period up to three years, removed from the office or removed from the office without the right to apply for an office in State administration for one year.

[25 February 2010]

Section 37. Exceedance of Authority

(1) For an action exceeding the limits of official authority, a reprimand shall be expressed or monthly wage shall be reduced for a time period from three months up to one year, deducting up to 20 per cent of the monthly wage.

(2) For the same disciplinary offence, if it has resulted in substantial financial losses caused to the State or a person or substantial harm to the State interests, or substantial personal harm to a person, monthly wage shall be reduced for a time period from three months up to one year, deducting up to 20 per cent of the monthly wage, a person shall be demoted for a time period up to three years, removed from the office or removed from the office without the right to apply for an office in the State administration for one year.

Section 38. Violation of the Provisions for the Use or Protection of an Official Secret or Unauthorised Disclosure of Other Information Protected by Law

(1) For violation of the provisions for the use or protection of an official secret or unauthorised disclosure of other information protected by law, a reprimand shall be expressed or monthly wage shall be reduced for a time period from three months up to one year, deducting up to 20 per cent of the monthly wage.

(2) For the same disciplinary offence, if it has resulted in substantial financial losses caused to the State or a person or substantial harm to the State interests, or substantial personal harm to a person, monthly wage shall be reduced for a time period from three months up to one year, deducting up to 20 per cent of the monthly wage, a person shall be demoted for a time period up to three years, removed from the office or removed from the office without the right to apply for an office in State administration for one year.

Section 39. Loss of, Damage of Property or Loss of Money

(1) For loss of, damage to property or loss of money, a reprimand shall be expressed or monthly wage shall be reduced for a time period from three months up to one year, deducting up to 20 per cent of the monthly wage.

(2) For the same disciplinary offence, if it has resulted in substantial financial losses caused to the State or a person or substantial harm to the State interests, monthly wage shall be reduced for a time period from three months up to one year, deducting up to 20 per cent of the monthly wage, a person shall be demoted for a time period up to three years, removed from the office or removed from the office without the right to apply for an office in State administration for one year.

Section 40. Incorrect Attitude towards a Person when Fulfilling Official Duties

(1) For incommensurably petty fulfilment of official duties in relation to a person and for non-compliance with the rights of the person, as well as for openly offensive attitude towards a person when fulfilling official duties, a reprimand shall be expressed or monthly wage shall be reduced for a time period from three months up to one year, deducting up to 20 per cent of the monthly wage, or a person shall be demoted for a time period up to three years.

(2) For the same disciplinary offence, if it has resulted in substantial financial losses caused to the State or a person or substantial harm to the State interests, or substantial personal harm to a person, a person shall be demoted for a time period up to three years, removed from the office or removed from the office without the right to apply for an office in State administration for one year.

(3) For exerting physical influence over a person when fulfilling official duties, a person shall be removed from the office or removed from the office without the right to apply for an office in State administration for one year.

Section 41. Inappropriate and Disrespectful Behaviour during the Time Period when Official Duties are not Fulfilled

(1) For inappropriate behaviour during the time period when official duties are not fulfilled, or for disrespectful behaviour not corresponding to the office while in public, if it harms universal respect and trust towards State administration, a reprimand shall be expressed or monthly wage shall be reduced for a time period from three months up to six months, deducting up to 20 per cent of the monthly wage, or a person shall be demoted for a time period up to one year.

(2) For the same disciplinary offence, if it has resulted in substantial financial losses caused to the State or a person or substantial harm to the State interests, or substantial personal harm to a person, monthly wage shall be reduced for a time period from three months up to six months, deducting up to 20 per cent of the monthly wage, a person shall be demoted for a time period up to three years, removed from the office or removed from the office without the right to apply for an office in State administration for one year.

Section 42. Non-conformity with Political Neutrality

(1) For non-conformity with political neutrality when fulfilling official duties, a reprimand shall be expressed, monthly wage shall be reduced for a time period from three months up to one year, deducting up to 20 per cent of the monthly wage, or a person shall be demoted for a time period up to three years.

(2) For the same disciplinary offence, if it has resulted in substantial financial losses caused to the State or a person or substantial harm to the State interests, or substantial personal harm to a person, a person shall be demoted for a time period up to three years, removed from the office or removed from the office without the right to apply for an office in State administration for one year.

[25 February 2010]

Transitional Provisions

1. With the coming into force of this Law, Cabinet Regulation No. 158 of 16 August 1994, On Disciplinary Punishments for Servants, issued in accordance with Article 81 of the Constitution of the Republic of Latvia (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1994, No. 18; 1996, No. 4), is repealed.

2. An offence of a servant (action or failure to act), committed until the day of coming into force of this Law, shall be a disciplinary offence, if it was determined by the laws and regulations that were in force on the day when the relevant offence (action or failure to act) was committed. The action which was laid down in laws and regulations on the day when the offence was committed shall be taken in relation to the relevant disciplinary offence, unless a lesser punishment is provided for in this Law.

3. By 1 September 2006 the Cabinet shall draw up and submit to the Saeima draft laws regarding the necessary amendments to other laws.

4. If the State Civil Service Administration has not completed adjudication of the disciplinary matter until 8 September 2008, the disciplinary matter shall be adjudicated and a decision shall be taken by the official laid down in the State Civil Service Law.

[14 November 2008]

This Law shall come into force on 1 January 2007.

The Saeima has adopted this Law on 11 May 2006.

President V. Vīķe-Freiberga

Rīga, 30 May 2006

 


1 The Parliament of the Republic of Latvia

Translation © 2014 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Valsts civildienesta ierēdņu disciplināratbildības likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 11.05.2006.Entry into force: 01.01.2007.Theme: State institutions, public servicePublication: Latvijas Vēstnesis, 83, 30.05.2006.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 12, 22.06.2006.
Language:
LVEN
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