The translation of this document is outdated.
Translation validity: 01.05.2017.–22.06.2022.
Amendments not included:
16.06.2022.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
31 October 2013 [shall come
into force from 27 November 2013];
6 November 2013 [shall come into force from 1 January
2014];
23 January 2014 [shall come into force from 17 February
2014];
3 March 2016 [shall come into force from 29 March
2016];
23 March 2017 [shall come into force from 1 May
2017].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 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 - 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 deputy positions, 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
deputies, as well as to be involved in the establishment of
public administrative bodies.
(2) In order to mutually co-ordinate activities and achieve
the objectives specified in the articles of association, several
parties, according to the procedures specified by this Law, may
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 regarding 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 a
Party
A party shall acquire the status of a legal person with its
entering into the Register of Political Parties (hereinafter -
Party Register).
Section 4. Delimitation of a Party's
Liability
(1) A party shall be liable to the extent of all the property
of the party.
(2) A party shall not be responsible for the liabilities of a
member. A member shall not be responsible for the liabilities of
a 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 a
Party
(1) The legal address of a party is the address indicated in
the Party Register.
(2) If documents, information or other correspondence is sent
to a 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 sending thereof, if the sender can prove that he or she has
sent the relevant correspondence.
Section 6. Name and Logo of a
Party
(1) The name, abbreviated name or logo of a party shall be
unequivocally different from the name, abbreviated name or logo
of a party or party alliance previously registered in Latvia
(regardless of continued activities), as well as the name of a
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 a 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, upon 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 referred to elements.
(4) Names, abbreviated names and logos of parties are
prohibited, which:
1) are in conflict with regulatory enactments 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 aim 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 a party.
(6) Misleading information regarding the purpose of
activities, type of activities and legal form of the party shall
not be included in the name of a party.
(7) The words "Republic of Latvia", the names of State and
local government institutions, as well as the words "State" or
"local government" shall not be included in the name of a party.
The logo of a party shall not coincide with the logo of the
State, local governments or institutions thereof.
(8) A 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 he or she ceases using the
relevant name, abbreviated name or logo and reimburses losses
(damages) incurred to the party through the illegal use of the
name, abbreviated name or logo thereof.
Section 7. Public Activities of a
Party
(1) In order to achieve the objective specified in the
articles of association, a party has the right to perform public
activities that are not in conflict with regulatory
enactments.
(2) For this purpose, a party may:
1) freely distribute information regarding the activities
thereof;
2) create publications and other mass media;
3) organise meetings, street processions and pickets;
4) maintain communication with other national political
parties;
5) perform measures that are associated with pre-election
campaigns;
6) perform other public activities.
(3) Parties are prohibited from performing State
administrative functions and tasks.
Section 8. Economic Activities of a
Party
(1) In order to achieve the objectives specified in the
articles of association, a party is entitled to perform open
economic activities on its own behalf, which do not have the
nature or purpose of profit making.
(2) The income of a 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 performed
by a party shall not be divided among the members or founders of
the party.
(3) A party shall refrain from actions that in an overt or
covert manner are aimed against the openness of the financial
activities of a party and the financing restrictions of parties
specified in regulatory enactments.
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 party member 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 a 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 regulate the financing rules 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 Regarding
Founding of a Party
(1) In order to found a party, persons who join in a party
shall take a decision at the meeting of founders regarding the
founding of the party, shall approve the programme and articles
of association of the party, elect an executive board and an
audit institution 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 founding of the
party;
3) the number of persons who have voted for founding of the
party;
4) other decisions taken in the meeting of founders.
(2) The following shall be indicated in the decision to found
a 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) In the decision regarding the founding of a party
alliance, the information referred to in Paragraph two, Clauses
1, 2, 3 and 5 of this Section shall be indicated.
(4) [31 October 2013]
[31 October 2013]
Section 14. Articles of Association
of a Party
(1) The articles of association of a party shall be prepared
in written form.
(2) The articles of association of a 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 duties of members;
8) the procedures by which territorial and other divisions of
the party may be created, as well as the rights and duties
thereof;
9) the procedures for convening of 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 the
rights of executive board members to represent the party
individually or collectively, the rights and duties of the
Chairperson of the Executive Board;
11) the structure, procedures for election, competence,
procedures for taking of decisions and terms of office of an
audit institution 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 a party thereof;
13) the disciplinary measures applicable to members (if such
are provided for), the preconditions and procedures for
application thereof;
14) the procedures by which deputy candidates 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 a 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 duties 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 a party may provide for
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 a 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 authority.
[3 March 2016]
Chapter III
Party Registration
Section 15. Party Register
(1) Information regarding parties shall be entered into the
Party Register.
(2) The Party Register shall be established and maintained by
the Party Register authority.
Section 16. Application Regarding
the Entering of a Party into the Register
(1) Within three months after taking of a decision regarding
the founding of a 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 authority. 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 of a party alliance
into the Party Register.
(2) The following shall be attached to an application for
entering of a 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 of 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 regarding the participation of the
party in the founding of the party alliance;
3) the decision of the party meeting regarding 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 of the
party alliance into the Party Register. A document that approves
the authorisation of the relevant persons shall be submitted to
the Party Register authority.
[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 authority.
(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
authority, indicating the date of issue thereof.
(3) An official of the Party Register authority 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 regarding 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
established 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 regarding the appointment of a liquidator,
indicating his or her given name, surname and personal identity
number;
10) information regarding 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 Authority 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 authority. The original of the relevant document, a
notarially certified copy or a copy thereof, shall be submitted
to the Party Register authority, presenting the original of the
document. Public documents issued in foreign states shall be
validated according to the procedures provided for in
international agreements binding to Latvia and they shall be
accompanied by a notarially certified translation into
Latvian..
(2) Upon notification of amendments to the articles of
association to the Party Register authority, an extract of the
minutes of the meeting of members shall be attached with the
decision regarding the 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 to elect a member of the executive board or removal
thereof, 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 of 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 adjudication.
(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 a 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 merging,
divisible or receiving party according to the type of
reorganisation, and the name of the newly established party (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 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) A decision regarding 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 authority within seven working days after receipt of an
application. Within the same period of time, the official of the
Party Register authority shall take a decision regarding the
making of an entry in the Party Register, based on the court
adjudication.
(3) An official of the Party Register authority shall take a
decision regarding the postponing of 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 comply with other
requirements for drawing up documents specified by regulatory
enactments;
3) the amount and content of information and provisions do not
comply with regulatory documents 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 institutions;
5) another judicial obstacle is registered in the Party
Register.
(4) An official of the Party Register authority shall take a
decision regarding the refusal of the making of 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 to Latvia;
2) the procedures for founding a party specified in the law
have been infringed;
3) after taking of a decision regarding the postponing of 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 of 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) A decision regarding the refusal to make an entry in the
Party Register or the postponing of the making of an entry
thereof shall be substantiated. A reasonable period of time for
the elimination of deficiencies shall be indicated in the
decision regarding the postponing of the making of an entry.
(6) An official of the Party Register authority shall send the
decision specified in Paragraph two of this Section to the
applicant within five working days after taking of the
decision.
(7) The applicant has the right to dispute and appeal the
decision by an official of the Party Register authority according
to the procedures of the regulatory enactments regulating
administrative procedure.
(8) An entry in the Party Register shall be made on the same
day when the decision is taken regarding the making of an
entry.
[31 October 2013; 23 March
2017]
Section 21. Registration
Certificate
(1) After entering of a party in the Party Register and
receipt of a written request of the party, the Party Register
authority 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 authority.
(2) The following information shall be indicated in the
registration certificate of a 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. Exclusion of a Party
from the Party Register
A party shall be excluded from the Party Register, on the
basis of:
1) an application regarding the liquidation of the party;
2) an application by the administrator of the insolvent
party;
3) an application regarding the reorganisation of the
party;
4) a court ruling.
Section 23. State Duty and Charge
for a Service
(1) The amount and the procedures for payment of the State
duty to be paid for the making of 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 authority 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 duty for making an entry in the Party Register
may not exceed the administrative expenses which are related to
taking a 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, as well as the documents specified in this Law,
shall be submitted to the Party Register authority within 14 days
after taking of 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 authority.
Chapter IV
Party Members
Section 26. Party Members
(1) Persons who have reached the age of 18 years, 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 the age of 16 years 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 shall 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 regarding 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 a 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 authority.
(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 a Party
(1) The executive board of a party shall take a decision
regarding the admission of a member into the party if a different
procedure is not provided for in the articles of association.
(2) If the executive board of a party or other body, except
for the meeting of members, within the competence of which is the
admission of members, takes a decision regarding the refusal 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) Liabilities for members shall be stipulated only in
accordance with the procedures provided for in the articles of
association.
(4) Membership of a member in a party shall not be
transferable to a third person or inheritable. Membership of a
member in a party shall terminate with the withdrawal or
exclusion from a party, as well as upon the death of the
member.
(5) If membership of a member in a 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 of 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 regarding 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 regarding 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 observe 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 (Section 26, Paragraph four)
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. Termination of the
Membership of a Member
(1) Matters that are associated with the termination of the
membership of a member in a 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 a decision
regarding the termination of the membership of the member in a
party be reviewed at the meeting of members, unless different
procedure is specified in the articles of association.
Section 31. Persons that May
Participate in the Work of a 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 a Party
Section 32. Administrative Bodies of
a Party
(1) The administrative bodies of a party shall be the meeting
of members (general meeting) and the executive board.
(2) The articles of association may provide that the duties 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 regarding 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 regarding the participation of the
party in the founding of a party alliance. Upon taking of the
decision regarding 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 members of a party 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 a
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 of time not longer than two years.
(5) A member of the executive board shall not simultaneously
be a member of the audit institution 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 a Party and Other Bodies
(1) The executive board of a party shall be responsible for
the activities of the party in accordance with the requirements
of laws and other regulatory enactments, 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 a party due to the fault
thereof.
(3) A 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 violation of
rights became known.
Section 36. Divisions of a Party
(1)Parties (except party alliances) may have their own
territorial or other organisationally independent divisions.
Divisions of a party are not legal persons.
(2) A 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 creation and the competence of
which shall be determined by the articles of association of the
party.
Section 37. Audit of a Reporting
Year of a Party
If the turnover of the funds of a party has been more than 10
minimum monthly salaries in a reporting year, the sworn auditor
shall examine the annual financial statement thereof. The report
of the sworn auditor on the annual financial statement of the
respective party shall be appended to the annual financial
statement which the party, in accordance with the laws and
regulations governing the party financing, shall submit to the
Corruption Prevention and Combating Bureau. Within the meaning of
this Section, the minimum monthly salary is the amount of the
minimum monthly salary which was determined on the first day of
the relevant reporting year.
[31 October 2013]
Chapter VI
Supervision, Suspension, Termination, Liquidation and
Reorganisation of a Party
Section 38. Supervision and Control
of Party Activities
(1) The activities of a party shall be supervised and
controlled by the Corruption Prevention and Combating Bureau, the
State Revenue Service, the Party Register authority, as well as
other authorities specified in the law.
(2) If the authorities referred to in Paragraph one of this
Section determine that the party does not observe regulatory
enactments or the activities of the party do not comply with the
articles of association, they shall warn the party in writing and
instruct the elimination of unlawful activities thereof.
(3) The time period specified for the elimination of
violations shall be not less than 15 days and not more than six
months.
Section 39. Suspension of Party
Activities
(1) The court may suspend the activities of a party for up to
six months, if the party:
1) upon receipt of a written warning has not eliminated the
violations within 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 time period specified in
the regulatory enactments regulating 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 regarding the suspension
of activities of the party alliance.
(4) After coming into lawful effect of the adjudication, the
court shall send it to the Party Register authority. The Party
Register authority 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 a party, the party
shall suspend public activities within the time period for
ceasing activities specified in the adjudication of the
court.
Section 41. Reasons for Termination
of Party Activities
The activities of a party shall terminate:
1) with the decision of the meeting of party members regarding
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 time period specified in the
articles of association of the party, if the party has been
established 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 a Party by the Decision of the Meeting of
Members
The decision of the meeting of members regarding the
termination of the activities of a party shall be taken if
two-thirds of the members present vote in favour thereof. The
application for termination of the activities of a 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 a Party upon Commencing Bankruptcy Procedure
The procedures by which the activities of a 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 a 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
of time specified in the articles of association for which the
party was founded expires, a decision regarding 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 a
decision regarding 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 termination of the activities of a
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 a Party by a Court Adjudication
(1) The activities of a party may be terminated on the basis
of a court adjudication:
1) if the executive board of the party has not submitted an
application regarding the termination of party activities in
accordance with this Law;
2) if the party does not fulfil the court adjudication
regarding 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;
4) in other cases laid down in the law.
(2) An application to court may be submitted by the
authorities referred to in Section 38, Paragraph one of this
Law.
(3) Upon the request of the applicant the court may prohibit
the party from performing public activities or other activities
until the adoption of the final adjudication in the matter. The
decision may be appealed according to the procedures prescribed
by law.
(4) A decision regarding the prohibition of public activities
or other activities shall be sent by the court to the Party
Register authority for the making of an entry in the Party
Register.
(5) The court, upon taking a decision regarding 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 adjudication, the
court shall send it to the Party Register authority. The Party
Register authority shall publish the information in the official
gazette Latvijas Vēstnesis.
[23 January 2014]
Section 46. Liquidation of a
Party
(1) In case of expiry of the activities of a party the
liquidation thereof shall take place, unless otherwise specified
in the law.
(2) The Associations and Foundations Law shall be applied to
matters of party liquidation.
Section 47. Reorganisation of a
Party
(1) A 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 shall 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 a
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 a party
shall be appended by the application on entering a new party in
the Party Register.
[23 March 2017]
Section 48. Transformation of a
Party into an Association
(1) In order for a 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.
A decision regarding 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) Upon transformation of a party into an association, the
provisions of the regulatory enactments regulating the founding
of associations shall be observed.
(3) An application regarding the transformation of a 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) Upon the transformation of a 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 a party.
[23 March 2017]
Section 49. Closing Financial
Statement
(1) Upon commencement of liquidation, reorganisation or
transformation of a party into an association, the party has a
duty 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]
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 © 2019 Valsts valodas centrs (State
Language Centre)