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

Law on the Pomorian Old-Orthodox Church of Latvia

Section 1. Terms Used in the Law

(1) The terms used in the Law correspond to the terms used in the Law on Religious Organisations unless it has been laid down otherwise in this Law.

(2) The following terms are used in the Law:

1) Church - the Pomorian Old-Orthodox Church of Latvia with all its communities;

2) ministers of the Church - the ecclesiastics included in the list of clergymen of the Church;

3) Chairperson of the Church - the minister who has assumed the office and leads the Central Council of the Church in accordance with the procedures laid down in the articles of association;

4) chapel - a building which has been built or adapted for holding services;

5) articles of association - the articles of association of the Church which, in accordance with the procedures laid down in the law, have been registered with the Register of Religious Organisations and the Institutions Thereof.

Section 2. Purpose and Task of the Law

(1) The purpose of the Law is to promote the development of an open, judicial, and harmonious society, and also that of cultural environment.

(2) According to the constitutional traditions and the provision of Article 99 of the Constitution of the Republic of Latvia, taking into account the continuous existence and spread in the territory of Latvia of the Church as a religious organisation that is traditional in Latvia, recognising its contribution to and rich experience in the fields of the physical and mental health of the society, education, culture, social assistance, and other fields, and also taking into account that a cultural and art heritage of State significance is in possession of the Church, the task of the Law shall be to govern legal relationship of the State and the Church and to determine the joint tasks of the State and the Church in social, legal, educational, and cultural field.

Section 3. Status of the Church

(1) The Church holds the status of a legal entity and the rights arising from it in accordance with the laws and regulations.

(2) The Church shall conform in its activity to the Constitution of the Republic of Latvia, this Law, the Law on Religious Organisations, the law On Protection of Cultural Monuments, and other laws and regulations governing the activity of religious organisations, and also the articles of association.

(3) The full name of the Church is the Pomorian Old-Orthodox Church of Latvia. The name of the Church may only be used by the Church and its communities, and also the institutions and bodies founded by the Church. The names of other religious organisations, associations, foundations, and legal subjects shall be unequivocally different from the name of the Church.

(4) The Church may request that unlawful use of its name is terminated, and also the losses caused to the Church are reimbursed.

(5) The decisions of the Church on canon issues shall not be subject to appeal in State institutions.

Section 4. Chairperson of the Church

(1) The Chairperson of the Church shall represent the Church in relationship with the State in accordance with the procedures laid down in the articles of association.

(2) The Chairperson of the Church may, in the cases and in accordance with the procedures laid down in the articles of association, authorise in writing other persons for operation in relationship with the State on behalf of the Church.

Section 5. Property and Finances of the Church

(1) The Church may have movable and immovable property in the ownership.

(2) Action with immovable properties of the Church, including alienation, pledging, and other encumbering of immovable properties of the Church with property rights shall be possible only with a written consent of the Chairperson of the Church. It shall not be necessary if the immovable property is alienated in accordance with the law On Expropriation of Immovable Property for State or Public Needs. The chapels and cemeteries in the ownership of the Church shall not be subject to expropriation.

(3) It is prohibited to pledge chapels and ceremonial objects, and recovery upon request of creditors may not be directed against them.

Section 6. Supervision of Cemeteries of the Church and Ceremonies in Cemeteries

(1) The cemeteries belonging to the Church shall be under management of the Church. Ceremonies in the cemeteries belonging to the Church shall take place in accordance with the procedures stipulated by the Church.

(2) Religious burial ceremonies of Old Believers may be performed also in the cemeteries arranged by local governments in accordance with the procedures stipulated by local governments under leadership of the ministers of the Church.

Section 7. Right of a Minister of the Church to Perform a Marriage Ceremony

Such ministers of the Church to whom the Church has granted an authorisation and who have been entered in the list of the ministers with the right to perform a marriage ceremony submitted to the Ministry of Justice are entitled to perform a marriage ceremony in accordance with the procedures laid down in the Civil Law and other laws and regulations.

Section 8. Seal of the Confessional

(1) A minister of the Church may not be interrogated and it may not be demanded that he discloses the information established during a confession even if such minister is a witness or a participant to the proceedings in a court.

(2) It is prohibited to obtain information during a confession by using operational activities measures.

(3) None of the institutions or officials shall be allowed to recruit a minister of the Church.

Section 9. Church and Military Service

(1) Persons in the National Armed Forces have the right to receive spiritual care by a minister of the Church and to participate in the Church services unless it hinders the fulfilment of the duties of military service.

(2) The ministers of the Church shall not be subject to military service. In case of general mobilisation, they shall be appointed to the measures which do not involve the use of weapons.

Section 10. Spiritual Activity of Chaplains of the Church

(1) A chaplain of the Church shall operate in the National Armed Forces, airports, ports, land transport stations, medical treatment institutions, medical care institutions, social care institutions, prisons, and in other places where the regular care of a minister of the Church is not available in accordance with the Law on Religious Organisations.

(2) The spiritual activity of chaplains of the Church shall be supervised by the Church.

Section 11. Relationship of the Church with Employees

In establishing, existence, amending, and termination of employment relationship with employees, the Church is entitled to be based on religious affiliation, readiness, and ability of a person to operate in loyalty in relation to the Church dogma, and also on the aggregate of moral and behavioural norms, principles, and ideals which form the basis of religious conviction of Old Believers.

Section 12. Church and Education

(1) The Church has a guaranteed right to educate its ministers.

(2) The Church has the right to teach the subject of Christian faith in State and local government educational institutions in accordance with the procedures laid down in laws and regulations.

Section 13. List of the Ministers of the Church

(1) The Church shall submit a list of such persons to the Ministry of Justice in writing who conform to the status of ministers of the Church referred to in Section 1, Clause 2 of this Law and who are entitled to perform the activities referred to in Sections 7 and 10 of this Law, and also information on such persons. The amount of information to be submitted to the Ministry of Justice, the procedures and time periods for the submission and updating thereof shall be determined by the Cabinet.

(2) The Church shall, within two weeks, notify the Ministry of Justice of changes in the information provided for in Paragraph one of this Section in writing.

(3) The information submitted to the Ministry of Justice shall be accessible to the public.

Transitional Provisions

1. The Church shall, by 1 May 2008, harmonise the articles of association with this Law by making the relevant amendments thereto, approving them in a new wording, and submitting them to the Ministry of Justice for registration in accordance with the procedures laid down in the Law on Religious Organisations.

2. The Church shall, by 1 June 2008, notify the data referred to in Section 13, Paragraph one of this Law to the Ministry of Justice.

The Law shall come into force on 1 May 2008.

The Law has been adopted by the Saeima on 31 May 2007.

President V. Vīķe-Freiberga

Rīga, 20 June 2007


1 The Parliament of the Republic of Latvia

Translation © 2022 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Latvijas Vecticībnieku Pomoras Baznīcas likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 31.05.2007.Entry into force: 01.05.2008.Theme: Religion and churchPublication: Latvijas Vēstnesis, 98, 20.06.2007.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 14, 26.07.2007.
Language:
LVEN
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