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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.01.2008.–17.04.2012.
Amendments not included: 15.03.2012.

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

Law On Submissions

Section 1. Purpose of this 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 the Law

(1) This Law prescribes the procedures by which a private person shall submit and an institution or a private person who implements State administration tasks (hereinafter - institution) shall examine a document, which incorporates a request, a complaint, a proposal or a matter within the competence of the institution (hereinafter - 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 have been specified by law.

(3) This Law shall also be applied to examination of a submission received in electronic form, if it has been signed with the electronic signature in accordance with the procedures specified in regulatory enactments.

(4) If a submission received in electronic form has not been signed with the electronic signature in accordance with the procedures specified in regulatory enactments, the head of an institution shall determine the procedures for the provision of a reply to such submission. In such case the submitter is not entitled to request the provision of a reply through court proceedings in accordance with Section 10, Paragraph four of this Law.

(5) This Law shall not apply to the circulation of documents among institutions and officials and employees thereof.

Section 3. Submitting of a Submission

(1) A submission shall be submitted to an institution, the competence of which includes complete examination of the submission or examination of any part thereof.

(2) Data regarding the submitter thereof (for a natural person - the given name and surname, as well as the address and, if necessary, other data which help to communicate with the submitter; for a legal person - the name and legal address) shall be indicated for in the submission.

(3) The submission may be submitted in writing, in electronic form or expressed in oral form.

A submission expressed in oral form shall be drawn up in writing, if necessary, in the presence of a private person and a copy thereof 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 Examination of a Submission

(1) If a submission relates to other institution, the institution which has received a submission shall, not later than within seven working days after receipt of the relevant submission, forward the submission completely or in any part thereof to the competent institution and inform the private person 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 compliance with the competence thereof. In such case the term for 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.

(2) If, in accordance with the law, such procedures (for example, legal procedure) have been specified for the solution of the request, complaint, proposal contained in the submission or issue indicated in the submission, which do not allow the application of Paragraph one of this Section, the institution shall, not later than within seven working days after receipt of the submission, inform the submitter thereof.

Section 5. Examination of a Submission and Replying Thereto

(1) In examining a submission and in deciding regarding measures to be taken in relation thereto, the institutions shall co-operate. An institution shall examine a submission according to the content thereof.

(2) An official or another employee of the institution, regarding the objectiveness of which substantiated doubts may arise, shall not participate in examination of the submission and preparation of the reply.

(3) An institution shall provide a reply on the merits within a reasonable period of time, taking into account the urgency of solving 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 request a reply on the merits, the institution shall, within seven working days, inform the submitter that it has received the relevant submission. If necessary, the institution shall specify that the submitter may receive more detailed information regarding further progress of his or her 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 the action of an employee of the institution, the institution shall indicate considerations in the reply to the submission, which are the basis for such action of the institution or the employee thereof.

(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) If a private person has not provided instructions in relation to sending of the reply, the institution shall send the reply to the submission to the address specified by the submitter. If the private person has not provided instructions in relation to sending of the reply in the submission submitted in electronic form, the institution shall send the reply to the submission only in electronic form.

Section 6. Replying to Submissions of Several Private Persons

(1) A reply to a joint submission of several private persons shall be sent to such private person who has signed the submission as the first, if the submitters of the submission have not specified another private person. If the referred to 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 and Section 5, Paragraph four) 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" [the official Gazette of the Government of the Republic of Latvia] 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) If an urgent issue, which has caused intensified interest of the society, is on the basis of the submission, the institution may, prior to or after provision of the reply referred to in Paragraph one, two or three of this Section 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, as well as place it in premises available to visitors of the institution.

Section 7. Submissions Dismissed Without Examination

(1) An institution is entitled to dismiss a submission without examination in the following cases:

1) the submitter of the submission 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 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; or

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, in providing substantiation, inform a private person that the submission has been dismissed without examination.

Section 8. Procedures for Acceptance of Visitors

(1) An institution shall, taking into account the specifics of the competence thereof specified in regulatory enactments, ensure that it is available to visitors.

(2) An official of the institution shall, in addition to that referred to in Paragraph one of this Section, if a private person has applied previously and specified the issue to be solved, accept such private person in accordance with the competence of the institution or his or her competence. The institution shall ensure that visitors are accepted in accordance with such procedures periodically, 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 time as suitable for them as possible.

(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 Disclosure of Information

(1) It is prohibited to disclose information without the consent of the submitter of information revealing his or her identity, except the case 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 regulatory enactments.

Section 10. Control of Action of an Institution

(1) Action of an institution is controlled in accordance with the procedures specified in the State Administration Structure Law, the Administrative Procedure Law and other regulatory enactments.

(2) Non-replying to a submission, failing to reply within the time period or in accordance with the procedures specified in the law shall be disputable and appealed as actual action of the institution, unless otherwise provided for in this Law.

(3) Dismissal of a submission without examination or other refusal to reply to a submission shall be contested and appealed as administrative act.

(4) An application regarding the administrative act or actual action may be submitted to the Administrative District Court. A decision of the court may be appealed by submitting a cassation complaint to the Department of Administrative Matters of the Senate of the Supreme Court.

Transitional Provisions

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 examination 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. Section 10, Paragraph four of this Law shall not apply to those matters in which the Administrative District Court has taken a judgement until the day of coming into force of this Law. A judgment in such matters shall be appealed in accordance with the procedures specified in the Administrative Procedure Law.

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,
the Chairperson of the Saeima, G. Daudze

Riga, 11 October 2007


1 The Parliament of the Republic of Latvia

Translation © 2011 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 27.09.2007.Entry into force: 01.01.2008.Theme:  Human rights; Documents, recordkeeping, data protection; Administrative procedurePublication: Latvijas Vēstnesis, 164 (3740), 11.10.2007.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 22, 22.11.2007.
Language:
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