Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
31 October 2013 [shall come
into force on 27 November 2013];
6 November 2013 [shall come into force on 1 January
2014];
23 January 2014 [shall come into force on 17 February
2014];
3 March 2016 [shall come into force on 29 March
2016];
23 March 2017 [shall come into force on 1 May
2017];
16 June 2022 [shall come into force on 23 June 2022].
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 Saeima 1 has adopted and
the President has proclaimed the following law:
Law on Political Parties
Chapter I
General Provisions
Section 1. Purpose of the Law
The purpose of this Law is to ensure the legal basis for the
activities of political parties (hereinafter - the party) and the
alliances thereof, to promote the internal democracy of parties
and the alliances thereof and the strengthening of a democratic
and civic society.
Section 2. Concept of Parties and
Party Alliances
(1) A party is an organisation that is established in order to
perform political activities, to participate in election
campaigns, to nominate candidates for positions of members or
councillors, to participate in the work of the Saeima,
local government councils (parish councils) or the European
Parliament, to implement the party programme with the
intermediation of members or councillors, as well as to be
involved in the establishment of public administrative
authorities.
(2) In order to mutually co-ordinate activities and achieve
the objectives specified in the articles of association, several
parties may, according to the procedures specified by this Law,
establish a party alliance on the basis of an aggregate of
objectives. A party may concurrently only be in one registered
party alliance. The provisions of this Law for parties shall be
applicable to party alliances, insofar as it does not determine
otherwise.
(3) Parties shall carry out political activities and create
their internal organisation in accordance with the principle of
democracy, openness, and member equality.
[31 October 2013]
Section 3. Legal Status of Party
A party shall acquire the status of a legal person with its
entering into the Register of Political Parties (hereinafter -
the Party Register).
Section 4. Delimitation of Party's
Liability
(1) The party shall be liable to the extent of all the
property of the party.
(2) The party shall not be responsible for the liabilities of
a member. A member shall not be responsible for the liabilities
of the party.
(3) If the Law does not specify otherwise, a party alliance
shall not be responsible for the liabilities of the forming
parties thereof and the forming parties of a party alliance shall
not be responsible for the liabilities of the party alliance.
Section 5. Legal Address of
Party
(1) The legal address of the party is the address indicated in
the Party Register.
(2) If documents, information or other correspondence is sent
to the party to the legal address indicated in the Party
Register, it shall be considered that the party has received
these documents, information or other correspondence within seven
days from its sending if the sender can prove that he or she has
sent the relevant correspondence.
Section 6. Name and Logo of
Party
(1) The name, abbreviated name or logo of the party shall be
unequivocally different from the name, abbreviated name or logo
of the party or party alliance previously registered in Latvia
(regardless of continued activities), as well as the name of an
association or foundation. Use of the name, abbreviated name or
logo of a previously registered party shall be allowed in cases
when parties upon reorganisation are united or reformed as an
association. The name of the party shall be created according to
the requirements of the official language.
(2) The name, abbreviated name or logo of a party alliance may
include the name, abbreviated name or logo of the forming parties
thereof.
(3) If, in the event of reorganisation, all the parties within
a party alliance unite and establish one party, it may take over
the name, abbreviated name, and logo of the relevant party
alliance or use one or several of the aforementioned
elements.
(4) Prohibited are such names, abbreviated names, and logos of
parties which:
1) are in conflict with legal acts and good morals. The name
shall not contain the name of a military body or the name of such
organisations or groups that have been recognised as criminal or
anti-constitutional, it shall not create a positive attitude
towards violence;
2) coincide with the name, abbreviated name or logo of such
organisation whose objective or activities are aimed against the
independence, sovereignty or security of Latvia, or that copies
the name, abbreviated name or logo of such organisation.
(5) Only letters of the Latvian alphabet shall be used in the
name of the party.
(6) Misleading information on the purpose of activities, type
of activities, and legal form of the party shall not be included
in the name of the party.
(7) The words "Republic of Latvia", the names of State and
local government authorities, and also the words "State" or
"local government" shall not be included in the name of the
party. The logo of the party shall not coincide with the logo of
the State, local governments or authorities thereof.
(8) The party the rights of which have been infringed through
illegal use of the name, abbreviated name or logo thereof may
demand from the infringer that it ceases using the relevant name,
abbreviated name or logo and reimburses losses (damages) caused
to the party through the illegal use of the name, abbreviated
name or logo thereof.
Section 7. Public Activities of
Party
(1) In order to achieve the objective specified in the
articles of association, the party has the right to perform
public activities that are not in conflict with the legal
acts.
(2) For this purpose, the party may:
1) freely distribute information on its activities;
2) create publications and other mass media;
3) organise meetings, street processions, and pickets;
4) maintain communication with other national political
parties;
5) implement measures that are associated with pre-election
campaigns;
6) perform other public activities.
(3) Parties are prohibited from performing State
administrative functions and tasks.
(4) The party is prohibited in its activities from taking
action against the independence and territorial integrity of the
Republic of Latvia or other democratic countries, from expressing
or disseminating proposals for violent amendment of the State
structure of the Republic of Latvia or another democratic
country, from encouraging not to comply with the laws if it
endangers national security, public safety or order, from
propagating violence or terrorism, outright Nazism, fascism, or
communism ideology, from popularising war, from carrying out acts
directed towards triggering national, ethnic, racial, religious
hatred or enmity, from praising or encouraging the committing of
criminal offences.
(5) Parties are prohibited in their activities from providing
support, including informative (propaganda) support, to the
persons or countries which undermine or endanger territorial
integrity, sovereignty and independence or constitutional
structure of democratic countries.
[16 June 2022]
Section 8. Economic Activities of
Party
(1) In order to achieve the objective specified in the
articles of association, the party is entitled to carry out open
economic activities on its own behalf which do not have the
nature or purpose of profit making.
(2) The income of the party may be used for achieving the
objective specified in the articles of association thereof.
Income that is acquired as a result of the activities carried out
by the party shall not be divided among the members or founders
of the party.
(3) The party shall refrain from actions that in an overt or
covert manner are aimed against the openness of the financial
activities of the party and the financing restrictions of parties
specified in legal acts.
Section 9. Prohibition against
Establishing Armed or Militarised Units
Parties are prohibited from arming the members thereof or
other persons, organising military training, and establishing
militarised units.
Section 10. Transparency of Party
Activities
(1) Any member of the party may participate at the
institutional meetings of the relevant party if the articles of
association do not specify otherwise.
(2) Journalists of the mass media may be present at meetings
of the highest decision-making bodies (meetings of members or
meetings of representatives) of the party.
(3) Party members and journalists of the mass media may
familiarise themselves with the decisions taken by the party, the
bodies and officials thereof.
Section 11. Party Financing
A special law shall govern the rules for the financing of
parties.
Chapter II
Founding of Parties and Party Alliances
Section 12. Founders
(1) Party founders may be citizens of Latvia who have reached
18 years of age.
(2) The number of founders shall not be less than 200.
(3) A party alliance may be founded by two or more parties
registered according to the procedures prescribed by law. The
party alliance is prohibited from founding another party
alliance.
Section 13. Decision on Founding the
Party
(1) In order to found the party, persons who join in the party
shall take the decision at the meeting of founders on the
founding of the party, shall approve the programme and articles
of association of the party, elect an executive board and an
audit body for economic and financial activities.
(11) The course of the meeting of founders shall be
confirmed by a sworn notary in accordance with the procedures
laid down in the Notariate Law. When confirming the course of the
meeting, a sworn notary shall indicate the following in the
minutes in addition to the information laid down in the Notariate
Law:
1) the persons who have participated in the meeting of
founders and the given name, surname, personal identity number
(if none - the year, month, day, and place of birth), and
citizenship of each person in conformity with the passport or
identity card presented by the person;
2) the decision of the meeting of founders on the founding of
the party;
3) the number of persons who have voted for the founding of
the party;
4) other decisions taken in the meeting of founders.
(2) The following shall be indicated in the decision to found
the party which is included in the minutes of the course of the
meeting of founders:
1) the name of the party;
2) the objectives of the party activities;
3) the rights and duties of the founders, if the founders are
in agreement thereof;
4) the authorisation of all the founders for at least two of
the founders to sign the articles of association and the
application to the Party Register authority;
5) other information that the founders deem necessary.
(3) The decision on the founding of the party alliance shall
indicate the information referred to in Paragraph two, Clauses 1,
2, 3, and 5 of this Section.
(4) [31 October 2013]
[31 October 2013]
Section 14. Articles of Association
of Party
(1) The articles of association of the party shall be prepared
in written form.
(2) The articles of association of the party shall indicate
the following:
1) the name of the party and the abbreviation thereof;
2) the logo of the party (a description or image thereof), if
any;
3) the purpose of the activities of the party, the tasks, and
methods thereof;
4) the term of activities of the party, if the party has been
established on a temporary basis;
5) the preconditions and procedures for joining or withdrawal
of membership and exclusion of members;
6) the procedures for paying the membership fees and joining
fees;
7) the rights and obligations of members;
8) the procedures by which territorial and other divisions of
the party may be created, as well as the rights and obligations
thereof;
9) the procedures for convening the meeting of members,
decision-making and representation, and also the procedures by
which a member may request the inclusion of the issue in the
agenda of the meeting of the members of the party;
10) the term of activities of the executive board and the
quantitative structure of the executive board, determining rights
of the members of the executive board to represent the party
individually or collectively, the rights and obligations of the
chairperson of the executive board;
11) the structure, procedures for election, competence,
procedures for taking decisions, and terms of office of an audit
body for economic and financial activities, as well as the
procedures for the appointing and terms of office of a sworn
auditor;
12) the procedures by which amendments are made to the
articles of association and the programme of the party;
13) the disciplinary measures applicable to members (if such
are provided for), the preconditions and procedures for the
application thereof;
14) the procedures by which candidates to the position of a
member or councillor for the elections to the Saeima,
local government councils (parish councils) and the European
Parliament are nominated and approved;
15) the date of approval of the articles of association.
(3) The articles of association of the party alliance shall
indicate the following:
1) the information referred to in Paragraph two, Clauses 1, 2,
3, 4, 10, 11, 12, 14, and 15 of this Section;
2) the parties forming the alliance and the reciprocal rights
and obligations thereof;
3) the procedures by which parties join a party alliance and
withdraw thereof, the preconditions for the joining and
withdrawal thereof.
(4) The articles of association of the party may provide other
provisions that are not in conflict with the law. If provisions
of the articles of association are in conflict with the law, the
provisions of the law shall be applicable.
(5) The articles of association of the party shall be signed
by at least two of the authorised representatives from among the
founders. The articles of association of a party alliance shall
be signed by at least one authorised representative of the
founder parties within the alliance. A document that approves the
authorisation of the relevant persons shall be submitted to the
Party Register institution.
[3 March 2016]
Chapter III
Party Registration
Section 15. Party Register
(1) Information on parties shall be entered into the Party
Register.
(2) The Party Register shall be established and maintained by
the Party Register institution.
Section 16. Application for Entering
the Party into the Register
(1) Within three months after taking the decision on the
founding of the party (party alliance), the authorised
representatives of the founders of the party (the parties forming
the party alliance) shall submit an application to the Party
Register institution for entering the party into the Party
Register. The information specified in Section 18, Paragraph one,
Clauses 1, 2, 3, 4, 5, 6, and 7 of this Law shall be indicated in
the application. The information specified in Section 18,
Paragraph one, Clause 4 of this Law shall not be indicated in the
application for entering a party alliance into the Party
Register.
(2) The following shall be attached to an application for
entering the party into the Party Register:
1) [31 October 2013];
2) the programme of the party;
3) a list of not less than 200 party founders in which the
name of the party is indicated and the signature of the
respective founder certified by a sworn notary according to the
procedures laid down in the Notariate Law is indicated next to
the given name, surname, personal identity number and indication
on citizenship of each founder. When certifying the signature, a
sworn notary shall verify also the capacity to act of each
founder;
4) the articles of association of the party;
5) a written consent of each member of the executive board to
be a member of the executive board;
6) the document which confirms the payment for the publication
in the official gazette Latvijas Vēstnesis;
7) the minutes of the course of the meeting of founders of the
party referred to in Section 13, Paragraph 1.1 of this
Law.
(3) The following shall be attached to an application for
entering a party alliance into the Party Register:
1) the documents referred to in Paragraph two, Clauses 2, 4,
5, and 6 of this Section;
2) the decision of the meeting of members of each party
forming the party alliance on the participation of the party in
the founding of the party alliance;
3) the decision of the party meeting on the founding of the
party alliance.
(4) The application shall be signed by at least two of the
authorised representatives from among the founders. At least one
authorised representative from each founder party within the
party alliance shall sign the application for entering the party
alliance into the Party Register. A document that approves the
authorisation of the relevant persons shall be submitted to the
Party Register institution.
[31 October 2013; 23 January 2014; 23 March 2017]
Section 17. Transparency of the
Party Register
(1) Everyone has the right to familiarise themselves with the
entries in the Party Register and the documents submitted to the
Party Register institution.
(2) Everyone has the right to receive for a charge a statement
from the Party Register, as well as an extract or copy of the
document present in the Party Register file (including
information submitted on party founders), upon submission of an
appropriate request in writing. Upon the request of a recipient,
the accuracy of the extract or copy shall be approved by the
signature and stamp of an official of the Party Register
institution, indicating the date of the issuing thereof.
(3) An official of the Party Register institution shall issue
a statement upon the request of a recipient that no amendments
have been made to the entry of the Party Register, or that a
certain entry has not been made in the Party Register.
[6 November 2013]
Section 18. Party Register
Information
(1) The following shall be indicated in the Party
Register:
1) the name of the party;
2) the legal address of the party;
3) the objectives of the party activities;
4) the name and address of the territorial divisions of the
party, if any;
5) the date on which the decision on the founding of the party
was taken;
6) the given name, surname and personal identity number of the
members of the executive board, indicating whether they have the
right to represent the party individually or collectively;
7) the term of duration of the party, if the party has been
founded on a temporary basis;
8) information regarding the prohibition of public activities
or other activities or the suspension, termination or
continuation of activities of the party, the insolvency,
liquidation or reorganisation of the party;
9) information on the appointment of a liquidator, indicating
his or her given name, surname and personal identity number;
10) information on the appointment of an administrator in an
insolvency case, indicating the given name, surname and personal
identity number of the administrator;
11) date of the making of the entry;
12) other information, if provided for by law.
(2) The information indicated in Paragraph one, Clauses 1, 3,
5, 6, 7, 9, and 10 of this Section, except for the personal
identity number, and changes therein shall be published in the
official gazette Latvijas Vēstnesis using funds of the
party. The procedures for publication, the amount of payment and
the procedures for collection thereof shall be determined by the
Cabinet.
[23 January 2014; 23 March 2017]
Section 19. Documents to be
Submitted to the Party Register Institution and Storage
Thereof
(1) The documents justifying the making of an entry in the
Party Register and any amendments thereto, as well as other
documents specified by law shall be submitted to the Party
Register institution. The original of the relevant document, a
notarised copy or a copy thereof, shall be submitted to the Party
Register institution, presenting the original of the document.
Public documents issued in foreign countries shall be validated
according to the procedures provided for in international
agreements binding on Latvia and they shall be accompanied by a
notarised translation into Latvian.
(2) Upon notification of amendments to the articles of
association to the Party Register institution, an extract of the
minutes of the meeting of members shall be attached to the
decision on amendments to the articles of association and the
complete text of the articles of association in the new
wording.
(21) When applying changes in the composition of
the executive board, the application shall be appended by the
extract from the minutes of the meeting of members with the
decision on the election or removal of a member of the executive
board, and written consent of each member of the executive board
to be a member of the executive board.
(3) [31 October 2013]
(4) The documents specified in Paragraph one of this Section
shall be stored in the relevant party registration file.
[31 October 2013; 23 March 2017]
Section 20. Making Entries in the
Party Register
(1) An entry in the Party Register shall be made based on the
application of the relevant party or court ruling.
(11) For making an entry or document registration
(adding to the file) in the Party Register, an application shall
be submitted where the following information shall be indicated
in conformity with the nature of the application:
1) in the application for entering the changes in the Party
Register or document registration (adding to the file) -
information on the essence of changes and new information which
is applied for entering in the Party Register on the party
(association of parties);
2) in the application for the reorganisation of the party -
the type of reorganisation (if the party is reorganised through
division, the type of division shall also be indicated), the name
and registration number of each party involved in the
reorganisation by indicating whether the party is to be merged or
divided or is the receiving party according to the type of
reorganisation, and the name of the party to be newly founded (if
any);
3) in the application for the transformation of the party into
an association - the essence of the applied entry and the name of
the newly established association;
4) in the application for the termination of activities of the
party - the information referred to in Section 18, Paragraph one,
Clause 9 of this Law;
5) in the application for continuation of the activities of a
party - the essence of the applied entry and information referred
to in Section 18, Paragraph one, Clause 6 of this Law;
6) in the application for the liquidation of a party - the
essence of the applied entry.
(12) The application for the continuation of the
activities of a party (association of parties) shall be appended
by the extract from the minutes of the meeting of members with
the decision on the continuation of the activities of a party
(association of parties) and election of the members of the
executive board.
(2) The decision on the making of an entry in the Party
Register, the refusal to make an entry or the postponing of the
making of an entry shall be taken by an official of the Party
Register institution within seven working days after receipt of
an application. Within the same period, the official of the Party
Register institution shall take the decision on the making of an
entry in the Party Register based on a court ruling.
(3) An official of the Party Register authority shall take the
decision to postpone the making of an entry if:
1) all of the documents specified in the law have not been
submitted;
2) the documents on the basis of which entries are made in the
Party Register or which are registered (are attached to the file)
do not have legal effect or do not conform to other requirements
for drawing up documents specified by legal acts;
3) the amount and content of information and provisions do not
conform to legal acts and other documents present in the
registration file;
4) upon inspection of that specified in Section 6 of this Law,
it is discovered that the name of the party, the abbreviated name
or logo thereof does not unequivocally differ from the name,
abbreviated name or logo of a party or party alliance previously
registered in Latvia, or it concurs with the name of an
association or foundation, or is misleading regarding its
association with State or local government authorities;
5) another judicial obstacle is registered in the Party
Register.
(4) An official of the Party Register institution shall take
the decision to refuse to make an entry in the Party Register
if:
1) the objective specified in the articles of association of
the party is in conflict with the Constitution of the Republic of
Latvia, laws or international agreements binding on Latvia;
2) the procedures for founding a party specified in the law
have been violated;
3) after taking the decision to postpone the making of an
entry, the deficiencies indicated in this decision have not been
eliminated within the term specified;
4) the persons indicated in the list of party founders on
which the signature of the respective founder has been certified
in accordance with the laid down procedures and which in
accordance with Section 16, Paragraph two, Clause 3 of this Law
is appended to the application for entering the party in the
Register are not the same who have been indicated in the minutes
of the course of the meeting of members referred to in Section
13, Paragraph 1.1 of this Law.
(5) The decision to refuse to make an entry in the Party
Register or postpone the making of an entry therein shall be
substantiated. A reasonable period for the elimination of
deficiencies shall be indicated in the decision to postpone the
making of an entry.
(6) An official of the Party Register institution shall send
the decision specified in Paragraph two of this Section to the
applicant within five working days after taking the decision.
(7) The applicant has the right to dispute and appeal the
decision by an official of the Party Register institution
according to the procedures of the legal acts governing
administrative proceedings.
(8) An entry in the Party Register shall be made on the same
day when the decision to make an entry is taken.
[31 October 2013; 23 March 2017]
Section 21. Registration
Certificate
(1) After entry of the party in the Party Register and receipt
of a written request of the party, the Party Register institution
shall issue a party registration certificate for a charge to the
authorised representatives of the founders of the party which
shall be signed and stamped by an official of the Party Register
institution.
(2) The following information shall be indicated in the
registration certificate of the party:
1) the name;
2) the type of organisation (party or party alliance);
3) registration number;
4) place of registration;
5) date of registration.
[23 January 2014]
Section 22. Deletion of the Party
from the Party Register
The party shall be deleted from the Party Register on the
basis of:
1) an application for the liquidation of the party;
2) an application by the administrator of the insolvent
party;
3) an application for the reorganisation of the party;
4) a court ruling.
Section 23. State Fee and Charge for
a Service
(1) The amount and the procedures for paying the State fee to
be paid for making an entry in the Party Register shall be
determined by the Cabinet.
(2) The charge for a service laid down in the laws and
regulations regarding the paid services provided by the Party
Register institution shall be paid for the issuance of an extract
from the Party Register and an extract or copy of a document in
the registration file, as well as for the issuance of a
statement.
(3) The State fee for making an entry in the Party Register
may not exceed the administrative expenses which are related to
taking the decision to register and to make the relevant
entry.
[6 November 2013]
Section 24. Term for Submission of
Information
Information on the basis of which new entries are made in the
Party Register and also the documents specified in this Law shall
be submitted to the Party Register institution within 14 days
after taking the respective decision, unless otherwise provided
for in this Law.
Section 25. Liability for Submitting
False Information
The respective persons shall be held liable, in accordance
with the law, for the provision of false information to the Party
Register institution.
Chapter IV
Party Members
Section 26. Party Members
(1) Persons who have reached 18 years of age, who are citizens
of Latvia, non-citizens of Latvia and citizens of the European
Union who are not citizens of Latvia but are residing in the
Republic of Latvia may be party members. A person may at any one
time only be a member of one party.
(2) Persons who have reached 16 years of age may be party
member candidates.
(3) Only parties in which there are not less than 200 citizens
of Latvia may operate in Latvia. In a party with more than 400
members, not less than half of all the members must be citizens
of Latvia.
(4) Members of a party alliance shall be members of the
parties forming the alliance.
Section 27. Register of Party
Members
(1) Parties (except party alliances) shall maintain a register
of party members, in which they enter the given name, surname,
personal identity number, citizenship and the address of the
declared place of residence of party members.
(2) The initial entries in a register of party members shall
be made not later than within seven days from the date of party
registration.
(3) Subsequent entries in the register of party members shall
be made not later than within seven days after receipt by the
executive board of information on changes to the information
specified in Paragraph one of this Section.
(4) An entry in the register of party members shall be made by
a person authorised by the executive board of the party.
(41) Parties, except for the associations of
parties, shall, each year by 1 March, submit a register of party
members to the Party Register institution.
(5) Party members, as well as a sworn auditor and the
institutions specified by law are entitled to familiarise
themselves with the register of party members.
(6) The given name and surname of party members shall be
generally accessible information, and anyone may become
familiarised with it.
[31 October 2013]
Section 28. Membership of a Member
in the Party
(1) The executive board of the party shall take the decision
to admit a member into the party if a different procedures are
not provided for in the articles of association.
(2) If the executive board of the party or another body,
except for the meeting of members, within the competence of which
is the admission of members, takes the decision to refuse to
admit a member, the person wishing to become a member has the
right to demand a review of the matter in accordance with the
procedures prescribed in the articles of association.
(3) Commitments for members shall be stipulated only in
accordance with the procedures provided for in the articles of
association.
(4) Membership of a member in the party shall not be
transferable to a third person or inheritable. Membership of a
member in the party shall expire with the withdrawal or exclusion
from the party, as well as upon the death of the member.
(5) If membership of a member in the party expires, the
membership fee and joining fee paid and provided for in the
articles of association shall not be reimbursed thereto. A member
whose membership in the party has expired does not have the right
to party property. The party does not have the right to collect
the non-paid membership fee and joining fee from a member.
Section 29. Rights and Obligations
of Party Members
(1) Party members have the following rights:
1) to participate in the taking of party decisions according
to the procedures specified in the articles of association;
2) to elect the executive board of the party and other bodies
thereof;
3) to run for candidate at the elections for party officials
according to the procedures specified by the articles of
association;
4) to receive information on the activities of the party, as
well as to freely express his or her opinion;
5) to dispute decisions taken by the party according to the
procedures specified in the articles of association;
6) to withdraw from the party;
7) to decide on party candidates for election to local
government, the Saeima and the European Parliament,
according to the procedures specified by the articles of
association.
(2) Party members have the following obligations:
1) to comply with the articles of association of the
party;
2) to participate in the work of the party;
3) to pay the membership fee, if such is specified.
(3) Other rights and obligations of members may be provided
for in the articles of association of the party which are not in
conflict with this Law.
(4) Members of party alliances (Paragraph four of Section 26)
have all the rights and obligations specified in Paragraph one,
Clauses 1, 2, 3, 4, and 5, as well as Paragraph two, Clauses 1
and 2 of this Section.
Section 30. Expiry of the Membership
of a Member
(1) Matters that are associated with the expiry of the
membership of a member in the party shall be determined by the
Associations and Foundations Law, if this Law does not prescribe
a different procedure.
(2) A member has the right to request that the decision on the
expiry of the membership of the member in the party be reviewed
at the meeting of members, unless different procedures are
specified in the articles of association.
Section 31. Persons that May
Participate in the Work of the Party
Persons who are not members of the relevant party may also
participate in the work of the party: candidate members, honorary
members, associate members, senior members and other persons with
a special status whose rights and obligations are determined by
the articles of association of the relevant party.
Chapter V
Organisational Structure of the Party
Section 32. Administrative Bodies of
the Party
(1) The administrative bodies of the party shall be the
meeting of members (general meeting) and the executive board.
(2) The articles of association may provide that the
obligations of the meeting of members are fulfilled by the
meeting of representatives elected from the total number of
members (congress, conference) in the amount specified in the
articles of association. The representation norm, procedures for
the nomination and election of representatives shall be
determined by the executive board, unless otherwise specified in
the articles of association. All party members have the right to
participate in the election of representatives. The provisions of
this Law relating to the meetings of members shall be applicable
to the meetings of representatives, unless otherwise specified in
this Law.
(3) Other administrative bodies may be provided for in the
articles of association, determining the procedures for the
establishment and the competence thereof.
Section 33. Meetings of Party
Members
(1) A meeting of party members shall be the highest
decision-making body of the party.
(2) A meeting of party members shall be convened not less than
once per calendar year.
(3) Only the following shall be included within the competence
of the meeting of party members:
1) the making of amendments to the articles of association and
the party programme;
2) the election and recall of members of the executive board,
audit institution and other bodies, unless other procedures are
specified in the articles of association;
3) the taking of decisions on the termination, continuation or
reorganisation of the activities of the party, unless otherwise
specified in this Law;
4) the approval of the pre-election programme for elections to
the Saeima and the European Parliament, unless a different
procedure is specified in the articles of association;
5) the taking of a decision on the participation of the party
in the founding of a party alliance. When taking the decision on
the participation in the founding of a party alliance, the
meeting of members shall authorise one or more representatives on
behalf of the party to perform the activities referred to in
Sections 13, 14, and 16 of this Law for the founding of a party
alliance and the entering into the Party Register thereof;
6) other matters that, in accordance with the law or articles
of association, are within the competence of the meeting of
members.
(4) The meeting of party members has the right to take such
decisions that are within the competence of the executive board
and other bodies provided for in the articles of association.
(5) The Associations and Foundations Law shall be applied to
matters that are associated with the convening of the meeting of
party members, the proceedings thereof, the taking of decisions
and declaring decisions null and void.
Section 34. Executive Board of the
Party
(1) The executive board shall be the executive body of a party
that manages and represents the party.
(2) The executive board shall consist of at least three
members of the executive board.
(3) The meeting of members shall elect the Chairperson of the
executive board and the other members of the executive board.
Members of the executive board shall be elected by secret ballot,
unless different procedures are specified in the articles of
association.
(4) A member of the executive board shall be elected into
office for a period not longer than two years.
(5) A member of the executive board shall not simultaneously
be a member of the audit body for economic and financial
activities of a party.
(6) A natural person of legal age may be a member of the
executive board the capacity to act of which has not been
restricted by the court.
(7) The Associations and Foundations Law shall be applied to
matters that are associated with the competence of the executive
board, rights of representation, the taking of decisions and
remuneration and the covering of expenses.
[31 October 2013]
Section 35. Liability of the Members
of the Executive Board of the Party and Other Bodies
(1) The executive board of the party shall be responsible for
the activities of the party in accordance with the requirements
of laws and other legal acts, as well as for the fulfilment of
the tasks of the party in accordance with the law, unless
otherwise specified in the law.
(2) Members of the executive board and other bodies shall be
jointly liable for any losses caused to the party due to the
fault thereof.
(3) The party may bring an action against a member of the
executive board or other body within five years from the day of
the infringement of rights or from the day when the infringement
of rights became known.
Section 36. Divisions of the
Party
(1) Parties (except party alliances) may have their own
territorial or other organisationally independent divisions.
Divisions of the party are not legal persons.
(2) The party shall create its territorial divisions so that
members of the party could participate in the work of the party
as close as possible to their place of residence. Each member of
the party shall operate in one territorial division of the
party.
(3) The territorial divisions of a party may unite in regional
departments, the procedures for the creation and the competence
of which shall be determined by the articles of association of
the party.
Section 37. Audit of Reporting Year
of Party
If the turnover of the funds of the party has been more than
10 minimum monthly wages in a reporting year, the sworn auditor
shall examine the annual statement thereof. The report of the
sworn auditor on the annual statement of the respective party
shall be appended to the annual statement which the party shall,
in accordance with the laws and regulations governing the party
financing, submit to the Corruption Prevention and Combating
Bureau. Within the meaning of this Section, the minimum monthly
wage is the amount of the minimum monthly wage which was
determined on the first day of the relevant reporting year.
[31 October 2013]
Chapter VI
Supervision, Suspension, Termination, Liquidation, and
Reorganisation of the Party
Section 38. Supervision and Control
of Party Activities
(1) The activities of the party shall be supervised and
controlled in accordance with the competence specified in laws
and regulations by the Corruption Prevention and Combating
Bureau, the State Revenue Service, the Party Register
institution, the prosecutor, State security institutions, and
also other institutions specified in the law.
(2) If the institutions referred to in Paragraph one of this
Section establish that the party does not comply with laws and
regulations or the activities of the party do not comply with the
articles of association, they shall warn the party in writing and
order to eliminate the unlawful activities thereof. If the Office
of the Prosecutor or a State security institution establishes
signs which show alleged illegal activity of the party which is
directed against national security or may harm it, or is
otherwise in conflict with the Constitution, or its activities
indicate to violations referred to in Section 7, Paragraph four
or five of this Law, the Office of the Prosecutor or the State
security institution shall warn the party about the
inadmissibility of such activities.
(3) In accordance with the nature of the established
violation, the institution which has established the violation
shall determine a term for the elimination thereof which is not
less than 15 days and not more than six months, or orders
immediate termination of the activities violating laws and
regulations.
[16 June 2022]
Section 39. Suspension of Party
Activities
(1) The court may suspend the activities of the party for up
to six months, if the party:
1) upon receipt of a written warning, has not eliminated the
violations by the time limit specified in the warning;
2) within one calendar year has not convened the highest
decision-making body - the meeting of members;
3) within six months after reduction of the number of members
to 150 members has not renewed the number of members to the
minimum number of members prescribed by the law;
4) has not transferred the unlawfully acquired financial
resources to the State budget within the period specified in the
legal acts governing the financial activities of the party.
(2) An application to court may be submitted by the
authorities referred to in Section 38, Paragraph one of this
Law.
(3) Upon suspension of the activities of a party forming a
party alliance, the court shall decide on the suspension of
activities of the party alliance.
(4) After coming into lawful effect of the ruling, the court
shall send it to the Party Register institution. The Party
Register institution shall publish the information in the
official gazette Latvijas Vēstnesis.
[23 January 2014]
Section 40. Consequences of the
Suspension of Party Activities
If the court suspends the activities of the party, the party
shall suspend public activities within the period for ceasing
activities specified in the ruling.
Section 41. Reasons for Termination
of Party Activities
The activities of the party shall terminate:
1) with the decision of the meeting of party members on the
termination of activities of the party;
2) upon commencement of the bankruptcy procedure of the
party;
3) if the number of party members reduces and is less than 150
members or less than another number specified in the articles of
association (Section 44);
4) upon the expiry of the period specified in the articles of
association of the party, if the party has been founded on a
temporary basis;
5) by a court ruling;
6) on other grounds specified in the articles of
association.
Section 42. Termination of
Activities of the Party by the Decision of the Meeting of
Members
The decision of the meeting of members on the termination of
the activities of the party shall be taken if two-thirds of the
members present vote in favour thereof. The application for the
termination of the activities of the party (association of
parties) shall be appended by an extract with the relevant
decision from the minutes of the meeting of members.
[23 March 2017]
Section 43. Termination of
Activities of the Party upon Commencing Bankruptcy Procedure
The procedures by which the activities of the party shall be
terminated in the case of bankruptcy, shall be determined by the
law that regulates the insolvency of associations and
foundations.
Section 44. Termination of
Activities of the Party by Decision of the Executive Board
(1) If the number of members has reduced and is less than 150
members or less than another number specified by the articles of
association (that is not less than 150), as well as if the period
specified in the articles of association for which the party was
founded expires, the decision on the termination of activities
shall be taken by the executive board of the party or another
administrative body specified in other articles of
association.
(2) The executive board of a party alliance shall take the
decision on the termination of activities of the party alliance
in the cases specified in Section 41, Clauses 4 and 6 of this
Law, as well as in the case when the number of parties within the
party alliance has reduced to one party.
(3) The application for the termination of the activities of
the party (association of parties) in conformity with the grounds
for the termination of the activities shall be appended by an
extract with the respective decision from the minutes of the
course of the meeting of the authorities referred to in Paragraph
one or two of this Section.
[23 March 2017]
Section 45. Termination of
Activities of the Party by a Court Ruling
(1) The activities of the party may be terminated on the basis
of a court ruling:
1) if the executive board of the party has not submitted an
application for the termination of party activities in accordance
with this Law;
2) if the party does not fulfil the court ruling on the
suspension of activities or does not eliminate a violation of the
law due to which its activity was terminated;
3) if the party, within one year after receipt of a warning,
repeatedly commits a violation of the law;
31) if activities of the party are in conflict with
the Constitution, laws or other laws and regulations, endangers
national security or public safety, or is in conflict with the
prohibition referred to in Section 7, Paragraph four or five of
this Law;
4) in other cases laid down in the law.
(2) An application to a court may be submitted by the
institutions referred to in Section 38, Paragraph one of this Law
or a prosecutor on the basis of Paragraph one, Clause
3.1 of this Section.
(3) [16 June 2022]
(4) [16 June 2022]
(5) The court, when taking the decision on the termination of
party activities, shall determine:
1) the necessity for liquidation proceedings and the
appointing of a liquidator;
2) the alienation of immovable property in favour of the
State, unless otherwise specified in the law;
3) the resources and procedures by which the party documents
shall be put in order and handed over for storage in the State
archives.
(6) After coming into lawful effect of the ruling, the court
shall send it to the Party Register institution. The Party
Register institution shall publish the information in the
official gazette Latvijas Vēstnesis.
[23 January 2014; 16 June 2022]
Section 45.1 Prohibition
for the Party to Perform Public Activities
(1) Upon a motivated application of a prosecutor, the
Corruption Prevention and Combating Bureau, or the State Revenue
Service, a court may prohibit the party from performing public
activities until adoption of the final ruling. Examination of the
matter on the prohibition for a party to perform public
activities is admissible at any stage of the proceedings and also
before bringing an action before the court regarding the
termination of activities of the party.
(2) A court or judge shall decide on the application for the
prohibition for a party to perform public activities within 15
days after receipt of the application or the day of initiation of
the case if the application has been submitted concurrently with
the statement of claim on the termination of activities of the
party, notifying the party thereof in advance. Failure of the
representatives of a party to attend shall not constitute a bar
for the examination of the application.
(3) If delay in taking the decision on the prohibition for the
party to perform public activities could cause threat to national
security or public safety, the court or judge shall decide on the
application for the prohibition for a party to perform public
activities not later than on the next working day after receipt
of the application, without notifying the participants to the
case thereof in advance. If the decision on the prohibition for
the party to perform public activities is taken without presence
of the representatives of the party, this decision shall be
notified to the party not later than at the moment of enforcement
of the aforementioned decision.
(4) If the application for the prohibition for the party to
perform public activities is submitted before the bringing of an
action referred to in Section 45.3 of this Law, the
court or judge shall apply the provisions of Section
45.3, Paragraphs four and five of this Law.
(5) If the application for the prohibition for the party to
perform public activities is satisfied before an action is
brought before the court on the termination of activities of the
party, the court or judge shall determine a term for the
prosecutor, the Corruption Prevention and Combating Bureau, or
the State Revenue Service for submission of the statement of
claim to the court which shall not exceed two months. If the
action is not brought within the term determined by the court,
the court or judge shall take the decision to revoke the
prohibition for the party to perform public activities.
(6) In the decision on the prohibition for the party to
perform public activities, a judge shall indicate the public
activities of the party which are prohibited completely or
partially, the purpose and grounds for the prohibition.
(7) The decision on the prohibition for the party to perform
public activities and the decision on the cancellation of this
prohibition shall be enforced immediately after taking thereof.
The court shall send the relevant decision to the Party Register
institution for making an entry in the Party Register. The Party
Register shall ensure that information in relation to making of
the entry on the prohibition for the party to perform public
activities is available on its website free of charge.
(8) Upon an application of a participant to the case, the
prohibition for the party to perform public activities may be
revoked by the same court which has determined this prohibition
or by the court in the proceedings of which is the examination of
the case on the merits. This application shall be decided at a
court hearing within the period laid down in Paragraph two of
this Section, notifying the participants to the case thereof in
advance.
(9) If the action on the termination of activities of the
party is satisfied, the prohibition for the party to perform
public activities shall remain in effect until the day when the
judgment enters into legal effect.
(10) If the action on the termination of activities of a party
is rejected, the court shall revoke in the judgment the
prohibition for the party to perform public activities. The
judgment in the part on the revocation of public activities of
the party shall come into effect immediately.
(11) If the action on the termination of activities of the
party is left without examination or court proceedings have been
terminated, the court shall, by the decision, revoke the
prohibition for the party to perform public activities. The
decision on the revocation of this prohibition shall come into
effect immediately.
(12) If the party, before adoption of the final ruling in the
case, violates the court decision which is adopted in accordance
with the procedures provided for in Paragraph one of this Section
or fails to comply with the provisions of such a decision, the
court shall, upon the proposal of the applicant, impose on the
party a procedural sanction (a warning or a fine) and warn about
criminal liability arising if the party continues violating the
court decision.
[16 June 2022]
Section 45.2 Appeal of
the Decision Taken on the Prohibition for the Party to Perform
Public Activities
(1) An ancillary complaint may be submitted in respect of the
decision by which the application for the prohibition for the
party to perform public activities has been rejected and the
decision by which the application to revoke the prohibition has
been rejected in accordance with the procedures laid down in the
Civil Procedure Law within 10 days from the day of notification
of the decision.
(2) Submission of an ancillary complaint regarding the
decision referred to in Paragraph one of this Section shall not
stay the execution thereof.
[16 June 2022]
Section 45.3 Termination
of Activities of the Party by a Court Ruling if the Activities of
the Party Endanger National Security or Public Safety
(1) If the activities of the party are directed towards the
violation of any prohibition referred to in Section 7, Paragraphs
four and five of this Law, a prosecutor shall express a written
warning to the party or lodge a submission thereto. If after
receipt of the prosecutor's submission the party has not
rectified the violation within the period specified in such
submission or commits the violation on prohibition of which the
party has been previously warned, the prosecutor shall bring an
action on the termination of activities of the party before Riga
City Court.
(2) If the activities of the party violate any of the
prohibitions referred to in Section 7, Paragraphs four and five
of this Law or the activities of the party are in contradiction
with the Constitution, laws, or other laws and regulations and
endanger national security or public safety, the prosecutor shall
bring an action on the termination of activities of the party
before Riga City Court.
(3) Riga City Court shall examine the cases on the termination
of activities of the party immediately if it affects national
security or public safety interests by applying the procedures
laid down in the Civil Procedure Law.
(4) In order to find out true circumstances of the case within
the framework of the claim and achieve lawful and fair
examination of a case, the court shall, when examining the cases
on the termination of activities of the party, if it affects
national security or public safety interests, find out the
circumstances of the case, verify evidence, and also, where the
evidence submitted is not sufficient, request the evidence upon
its own initiative.
(5) If, when examining cases regarding the termination of
activities of the party, the information which is the official
secret object obtained in operational activities measures is used
as evidence, only the court may, upon a reasoned request of the
participants to the case, become acquainted with the materials of
operational activities which are not appended to the case and are
related to the object of evidence by indicating in the ruling
that such materials have been evaluated.
(6) The court judgement in the case regarding the termination
of activities of the party may be appealed in accordance with the
procedures laid down in the Civil Procedure Law.
[16 June 2022 / See Paragraph 3 of Transitional
Provisions]
Section 46. Liquidation of Party
(1) In case of the expiry of the activities of the party, it
shall be liquidated, unless otherwise specified in the law.
(2) The Associations and Foundations Law shall be applied to
matters of party liquidation.
Section 47. Reorganisation of
Party
(1) The party may be reorganised, upon the merger of parties
into one party or the division of the party, or by transforming
the party into an association.
(2) Only parties may participate in reorganisation, unless
otherwise specified in this Law. Party alliances shall not
participate in reorganisation.
(3) It may be provided for in the articles of association of
the party that reorganisation is or is not allowed under certain
preconditions.
(4) The Associations and Foundations Law shall be applied to
matters of party reorganisation, unless otherwise specified in
this Law.
(5) If a new party is established as a result of
reorganisation, the application for reorganisation of the party
shall be appended by the application on entering a new party in
the Party Register.
[23 March 2017]
Section 48. Transformation of the
Party into an Association
(1) In order for the party to be transformed into an
association, the meeting of party members shall be convened
according to the articles of association of the respective party.
The decision on the transformation of the party into an
association shall be taken at the meeting according to the
procedures specified in the articles of association. The
information to be indicated in the founding decision shall be
included in the minutes of the meeting of members. The minutes of
the meeting of members shall be drawn up according to the
provisions specified in the Associations and Foundations Law for
the recording of minutes of the meeting of members.
(2) When the party is transformed into an association, the
provisions of the legal acts governing the founding of
associations shall be complied with.
(3) An application for the transformation of the party into an
association shall be signed by the executive board. The
abovementioned application shall be appended by the application
for entering an association in the Register of Associations and
Foundations and the minutes of the meeting of members indicated
in Paragraph one of this Section.
(4) When transforming the party into an association, the name,
the abbreviated name and logo of the relevant party may be
maintained or one or several of the referred to elements may also
be used.
(5) A newly established association shall indicate in the
articles of association thereof that it is the successor of the
rights and liabilities of the party.
[23 March 2017]
Section 49. Closing Financial
Statement
(1) When commencing the liquidation, reorganisation or
transformation of the party into an association, the party has
the obligation to submit to the Corruption Prevention and
Combating Bureau a closing financial statement and a report of a
sworn auditor on the financial and economic activities of the
party in the year in which the relevant party is liquidated,
reorganised or transformed into an association.
(2) The liquidator of the relevant party shall be liable for
the fulfilment of the provisions of Paragraph one of this Section
in the case of liquidation of the party, but if a liquidator is
not appointed, - the executive board of the respective party.
[31 October 2013]
Transitional Provisions
[31 October 2013]
1. The procedures for the coming into force of this Law shall
be prescribed by a special law.
[The numbering of Paragraph has been amended by the law of
31 October 2013]
2. Parties whose decision of the meeting of founders to found
the party is taken until the day of coming into force of the
relevant amendments to this Law shall be entered in the Party
Register in accordance with the requirements of those laws and
regulations which were in force on the day when the decision of
the meeting of founders of the relevant party to found the party
was taken.
[31 October 2013]
3. Until the establishment of Riga City Court, the cases
referred to in Section 45.3 of this Law shall be
examined in the Vidzeme Suburb Court of Riga City.
[16 June 2022]
This Law shall come into force on 1 January 2007.
This Law has been adopted by the Saeima on 22 June
2006.
Acting for the President,
Chairperson of the Saeima I. Ūdre
Rīga, 7 July 2006
1 The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)
