Aptauja ilgs līdz 23. oktobrim.
The Saeima1 has adopted and
Law on Submissions
Section 1. Purpose of the Law
The purpose of this Law is to promote the participation of a private person in the State administration.
Section 2. Scope of Application of this Law
(1) This Law stipulates the procedures by which a private person shall submit and an institution or a private person who implements state administration tasks (hereinafter - the institution) shall examine a document, which includes a request, complaint, proposal or enquiry within the competence of the institution (hereinafter - the submission), and shall reply thereto, as well as prescribes the procedures by which the institution shall receive visitors.
(2) This Law shall not apply to the requests of information which are to be examined in accordance with the Freedom of Information Law, as well as to the submissions for which other examination procedures are specified by law.
(3) This Law shall apply to the examination of the submission received in electronic form, if it has been signed with an electronic signature in accordance with the procedures laid down in laws and regulations, and also if the submission is being submitted and the identity of the person is being verified through the online forms available on the single State and local government services portal (www.latvija.lv).
(4) If the submission received in electronic form has not been drawn up in accordance with Paragraph three of this Section, the head of the institution shall determine the procedures for the provision of a reply to such submission.
(5) This Law shall not apply to the circulation of documents between institutions and their officials and employees.
(6) The submission of a collective submission to the Saeima and its examination therein is governed by the Rules of Procedure of the Saeima.
[15 March 2012 / The new wording of Paragraph three shall come into force on 1 September 2012. See Paragraph 4 of Transitional Provisions]
Section 3. Submission of the Submission
(1) The submission shall be submitted to the institution within the competence of which falls the examination of the complete submission or any its part.
(2) The submission must include information regarding its submitter (for a natural person - the given name and surname, as well as the address and, if necessary, other information which helps to communicate with the submitter; for a legal person - the name and legal address).
(3) The submission may be submitted in writing, in electronic form or expressed in oral form. The submission expressed in oral form shall be drawn up in writing, if necessary, in the presence of a private person and its copy shall be issued to the submitter.
(4) Copies of the documents certifying the circumstances referred to in the submission shall be appended to the submission, if necessary.
(5) Procedures for the registration of submissions and replies shall be determined by the head of the institution.
Section 4. Jurisdiction of the Examination of the Submission
(1) If the institution finds that the received submission completely or in any of its part does not fall within the competence of this institution, it shall inform its submitter within seven working days after receipt of the submission and, if possible, shall indicate the competent institution.
(2) If it is useful, the institution may exclude the application of Paragraph one of this Section and forward this submission to another institution within seven working days after receipt of the submission by informing the submitter thereof. The institution which has received the forwarded submission shall examine the submission in accordance with the procedures specified in this Law and reply thereto in accordance with its competence. In such case the term for the provision of a reply shall be counted from the day when the submission was forwarded by the institution which was the first to receive it.
(3) Institutions may agree on the provision of a joint reply to one or several submissions with similar content.
(4) In the cases referred to in Paragraphs two and three of this Section, the institutions shall use, as far as possible, means of electronic communication, including the single State and local government services portal.
[15 March 2012 / Paragraph four shall come into force on 1 September 2012. See Paragraph 4 of Transitional Provisions]
Section 5. Examination of the Submission and Replying Thereto
(1) When examining the submission and deciding on the measures to be taken in relation thereto, the institutions shall co-operate. The institution shall examine the submission based on its content.
(2) An official or another employee of the institution of the objectiveness of which substantiated doubts may arise shall not participate in the examination of the submission and preparation of a reply.
(3) The institution shall provide a reply on the merits within a reasonable time period, taking into account the urgency of addressing the issue referred to in the submission, but not later than within one month after receipt of the submission, unless otherwise provided by the law.
(4) If the content of the submission does not require a reply on the merits, the institution shall take note of the respective submission and use it in its work based on the content of the submission. A submitter may receive information regarding the submission in accordance with the procedures specified in the Freedom of Information Law.
(5) If the submission contains a complaint in which a reprimand to or dissatisfaction with the institution is expressed in relation to an issue within the competence thereof or in relation to an action of an employee of the institution, the institution shall indicate those considerations on which such action of the institution or the employee thereof is based in the reply to the submission.
(6) If a private person has specified in his or her submission that it is not necessary to reply to his or her submission, the institution need not reply to such submission.
(7) In the cases specified in this Law, a private person shall be informed in accordance with the Law on Notification.
(8) If the submission is based on a topical issue that has caused increased public interest, the institution may, prior to or after provision of the aforementioned reply and taking into account the requirements of Section 9, Paragraph one and Paragraph two, sentence two of this Law, publish the relevant information in the newspaper or on the Internet homepage, or the single State and local government services portal, and also place it in premises at a place available to visitors of the institution.
[15 March 2012]
Section 6. Replying to Submissions of Several Private Persons
(1) A reply to a joint submission of several private persons shall be sent to the private person who has signed the submission as the first, if the submitters of the submission have not specified another private person. If the aforementioned person cannot be reached, the reply shall be sent to one of the signatories of the submission who has specified his or her address or other information which helps to communicate with him or her.
(2) If the institution has received individual submissions of one or several private persons or joint submissions of similar content in point of fact of several private persons, the institution may provide also one joint reply to them. The reply shall be sent to each submitter or, if several joint submissions of several private persons have been received, it shall be sent in compliance with the requirements of Paragraph one of this Section.
(3) If the number of submissions referred to in Paragraph two of this Section is such that the provision of reply to each of them would require disproportionate consumption of resources of the institution and these submissions do not possess individual nature (for example, they have been submitted within a framework of an organised campaign), one joint reply may be provided to such submissions within seven working days (Section 4) or one month (Section 5, Paragraph three and Section 7, Paragraph two) accordingly from the day of receipt of the first submission, without sending it to the submitter. The reply shall be placed in premises available to visitors of the institution and, upon oral request, shall be issued to the submitter, as well as shall be published on the Internet homepage of the institution, in the newspaper Latvijas Vēstnesis and, if necessary, also in the local newspaper. The reply shall be formulated, taking into account the requirements of Section 9, Paragraph one and Paragraph two, sentence two of this Law.
(4) [15 March 2012]
[15 March 2012]
Section 7. Leaving the Submission Without Examination
(1) The institution is entitled to leave the submission without examination in the following cases:
1) the submitter has not been indicated in the submission (for a natural person - the given name, surname and address; for a legal person - the name and legal address);
2) the submission has not been signed, except for the case referred to in Section 2, Paragraph four of this Law;
3) the content of the submission is outright insulting and defiant;
4) the text of the submission is not objectively legible or understandable;
5) a reply to the submission has been provided previously and the content thereof in respect of the legal or actual circumstances specified in the previous submission has not changed in point of fact.
(2) The institution shall, in the case referred to in Paragraph one, Clauses 2, 3, 4 and 5 of this Section, inform a private person that the submission is being left without examination by providing a justification.
(3) If the institution has left the submission without examination in accordance with Paragraph one, Clause 5 of this Section, but a person submits a submission with similar content, a note shall be taken of it and a reply need not be provided.
[15 March 2012]
Section 8. Procedures for the Acceptance of Visitors
(1) The institution shall, taking into account the specifics of its competence specified in laws and regulations, ensure that it is available to visitors.
(2) In addition to that referred to in Paragraph one of this Section, an official of the institution shall, if a private person has applied previously and specified the issue to be addressed, accept such private person in accordance with the competence of the institution or his or her competence. The institution shall ensure that visitors are periodically accepted in accordance with these procedures, however, not less than once a month.
(3) Reception hours and procedures shall be determined by the head of the institution, ensuring that visitors are accepted in the most suitable time for them.
(4) The information regarding reception hours and procedures shall be available in the institution (in the room which is available to all visitors of the institution) and on the Internet homepage of the institution. If the institution does not have an Internet homepage, reception hours shall be published in the local newspaper.
Section 9. Restrictions for the Disclosure of Information
(1) Without the consent of the submitter, it is prohibited to disclose information revealing his or her identity, except when the institution must disclose such information in accordance with the law.
(2) If the submitter does not want that the facts referred to in the submission are disclosed, he or she shall specify it in the submission. If the indication regarding prohibition to disclose the facts referred in the submission is not included therein, the institution is entitled to disclose them, taking into account the requirements of Paragraph one of this Section and other laws and regulations.
Section 10. Control of the Actions of the Institution
(1) Actions of the institution are controlled in accordance with the procedures specified in the State Administration Structure Law, the Administrative Procedure Law and other laws and regulations.
(2) An application on the administrative act or actual actions may be submitted to the Administrative District Court. A court judgement shall not be subject to appeal.
(3) Where a reply has been provided to the submission, but the time periods specified in the Law have not been complied with, the action of the institution must be appealed to a court, if a private person justifies that a significant impairment of the the individual's rights or legal interests has been thus caused.
(4) Compensation of the losses caused by the institution can be requested only concurrently with the contesting and appeal of the respective administrative act or actual actions.
(5) The application on the submission referred to in Section 2, Paragraph four and Section 7, Paragraph one, Clauses 1 and 2 of this Law, and also the issues resulting from Section 4, Paragraphs two and three, Section 5, Paragraph seven and Section 8, Paragraphs two and three of this Law shall not be subject to judicial control.
[15 March 2012]
1. With the coming into force of this Law, the law On Procedures for Examination of Submissions, Complaints and Proposals in the State and Local Government Institutions (Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1994, No. 23; 1999, No. 24; 2001, No. 10) is repealed.
2. The exmamination of submissions, complaints or proposals commenced in accordance with the law On Procedures for Examination of Submissions, Complaints and Proposals in the State and Local Government Institutions until the day of coming into force of this Law shall be completed in accordance with the law On Procedures for Examination of Submissions, Complaints and Proposals in the State and Local Government Institutions.
3. [15 March 2012]
4. Amendments to Section 2, Paragraph three and Section 4, Paragraph four of this Law shall come into force on 1 September 2012.
[15 March 2012]
5. Section 10, Paragraphs two, three, four and five of this Law shall not apply to the applications submitted to the administrative court until the day of coming into force of the respective provisions.
[15 March 2012]
This Law shall come into force on 1 January 2008.
This Law has been adopted by the Saeima on 27 September 2007.
Acting for the President,
Riga, 11 October 2007
1 The Parliament of the Republic of Latvia
Translation © 2019 Valsts valodas centrs (State Language Centre)
Title: Iesniegumu likums Status: