The Saeima1 has adopted and
the President has proclaimed the following Law:
Public Agencies Law
Chapter I
General Provisions
Section 1. Purpose of this Law
The purpose of this Law is to ensure the legal basis for the
operation of public agencies, as well as efficient use of the
resources of the State and derived public persons for
satisfaction of the public needs and provision of services of
good quality.
Section 2. Legal Status of an
Agency
(1) A State agency is an institution subordinate to a member
of the Cabinet (hereinafter - Minister), the competence of which
in the field of provision of services is laid down in law or
Cabinet regulations.
(2) A local government agency is a local government
institution, which is financed from the budget established by a
local government and the competence of which in the field of
provision of services is laid down in binding regulations of the
local government.
(3) The norms laid down in this Law determining the operation
of local government agencies shall apply to agencies established
by derived public persons.
(4) The norms laid down in this Law determining the operation
of State agencies shall apply to State agencies established in
the field of operation of several ministries, unless laid down
otherwise in this Law.
(5) The procedures for the establishment of joint institutions
laid down in the Law On Local Governments shall apply to local
government agencies jointly established by several local
governments, unless laid down otherwise in this Law.
(6) The norms of this Law determining the operation of State
agencies shall be applied to agencies jointly established by the
State and a local government, unless laid down otherwise in this
Law.
Section 3. Types of Agencies
(1) In order to ensure the provision of services in
implementation of administration tasks, the State may establish
State agencies and local governments - local government
agencies.
(2) If a derived public person is granted the right to
establish an institution by law, it may establish an agency, to
which the legal norms governing the establishment and operation
of local government agencies are applicable.
(3) If it is of use for efficient use of State and local
government resources, provision of joint functions and
satisfaction of public needs, the State and a local government,
as well as the Cabinet in the field of operation of several
ministries, and several local governments are entitled to
establish a joint agency which operates in the field of
competence of several institutions of direct and indirect
administration or institutions of direct administration.
(4) The name of a State agency and a State agency established
in the field of operation of several ministries shall include the
phrase "valsts aģentūra" [State agency] or its
abbreviation "v/a" [S/a]; the name of a local government
agency or an agency established by several local governments -
the phrase "pašvaldības aģentūra" [local government
agency] or its abbreviation "p/a" [lc/a]; the name of
agencies jointly established by the State and a local government
- the phrase "valsts un pašvaldības aģentūra" [State and
local government agency] or its abbreviation "vp/a"
[Slc/a].
Chapter II
State Agency
Section 4. Scope of Operation of a
State Agency
(1) A State agency shall ensure the provision of services
within the scope of carrying out the State administration tasks
laid down in laws and Cabinet regulations, including
implementation of State and international projects and programmes
from the revenue for the paid services provided, other own
revenue, gifts, donations and foreign financial assistance,
unless laid down otherwise in this Law.
(2) Operation of a State agency shall be governed by a by-law
approved by the Cabinet. The following shall be indicated in the
by-law:
1) the name of the State agency;
2) the Minister to whom the State agency is subordinate, and
the procedures by which operation of the State agency is
supervised;
3) the objectives of establishing the State agency;
4) the tasks of the State agency;
5) the procedures for the issuance, contesting and appeal of
administrative acts.
(3) A State agency shall carry out other one-time tasks
assigned thereto by a Cabinet decision.
Section 5. Services Provided by a
State Agency
(1) A State agency shall provide paid services, ensuring
implementation of State administration tasks according to a price
list approved by the Cabinet. Cabinet regulations regarding the
price list of services shall determine the payment procedures,
rates and reliefs, unless laid down otherwise in other laws.
(2) The Cabinet shall determine the methodology for
determining the pricing of the paid services provided by State
agencies and the procedures for approving the pricing.
(3) A State agency, in conformity with the basic principles
for co-operation framework laid down in the State Administration
Structure Law, shall provide services to other State and local
government institutions and private individuals carrying out
administration tasks, without remuneration, if it does not
require additional resources for data processing and analysis
from the State agency.
(4) A State agency may provide services, which are subsidised
from general revenue for the carrying out of individual State
administration tasks.
(5) The revenue from paid services shall remain at the
disposal of a State agency and shall be utilised for ensuring the
services necessary for carrying out of State administration tasks
(except the case referred to in Section 13, Paragraph four of
this Law).
(6) Information regarding the pricing of the paid services
provided by a State agency and reliefs from fee shall be
published on the website of the State agency.
Section 6. Issuance and Contesting
of Administrative Acts of a State Agency
(1) In the cases and in accordance with the procedures
provided for in laws or Cabinet regulations a State agency shall
issue administrative acts.
(2) An administrative act issued by or actual action of a
State agency may be contested in accordance with the procedures
laid down in the Administrative Procedure Law, unless laid down
otherwise in another law.
Section 7. Establishment,
Reorganisation and Liquidation of a State Agency
(1) A State agency shall be established, reorganised and
liquidated by the Cabinet on the basis of a law or upon its
initiative, in conformity with the requirements laid down in
Section 15 of the State Administration Structure Law.
(2) Upon establishing, reorganising or liquidating a State
agency, the Cabinet shall evaluate the necessity of
establishment, reorganisation or liquidation thereof depending on
the usefulness, efficiency and other basic principles laid down
in the State Administration Structure Law.
(3) If a State agency is being reorganised or liquidated, its
closing balance shall be drawn up, indicating the property value
and the amount of liabilities and claims, on the basis of
inventory and accounting data.
Section 8. Supervision of the
Operation of a State Agency
(1) A Minister shall implement subordination over a State
agency directly or with the intermediation of another managing
authority of State administrative sector (hereinafter -
supervising authority). Subordination shall be implemented in the
form of supervision. In exceptional case, upon evaluating the
nature of the State administration tasks transferred to the State
agency, the efficiency of their fulfilment, the considerations of
the rule of law and democratic control, the form of
accountability may be determined for the operation of the State
agency.
(2) Upon implementing subordination, a Minister shall:
1) appoint to and remove from the office the director of the
State agency;
2) evaluate the results of operation of the State agency;
3) propose carrying out of inspections at the State
agency;
4) initiate a disciplinary matter or an official inspection in
relation to activities of the director of the State agency;
5) carry out other tasks laid down in laws and
regulations.
(3) The Minister and the supervisory authority have the right
to request and receive information regarding operation of a State
agency.
Section 9. Director of a State
Agency
(1) The director of a State agency shall carry out the tasks
of the head of an institution of direct administration laid down
in the State Administration Structure Law, as well as:
1) draw up medium-term operational strategies and draft budget
of the State agency;
2) approve the work plan of the State agency for the current
year;
3) ensure fulfilment of the medium-term operational strategy,
budget and work plan of the State agency for the current
year;
4) provide the information necessary to the responsible
Minister, his or her authorised official, as well as the
supervisory authority and proposals in operational issues of the
State agency;
5) carry out other tasks laid down in the laws and regulations
governing operation of the State agency.
(2) The director of a State agency shall be responsible for
rational utilisation of the financial resources of the State
agency according to the State administration tasks to be carried
out.
(3) The director of a State agency shall be selected by
competition procedures. The procedures laid down for State civil
service servants shall be applied in relation to the course of
the competition.
(4) The director of a State agency shall be appointed to the
office by the responsible Minister for five years. Upon
evaluating the performance results of the agency, the director of
the State agency may be re-appointed to the office or removed
from the office before term in accordance with other laws.
Section 10. Work Remuneration at a
State Agency
Work remuneration at a State agency shall be determined in
accordance with the Law On Remuneration of Officials and
Employees of State and Local Government Authorities.
Section 11. Planning of Operation of
a State Agency
(1) Planning documents of operation of a State agency are a
medium-term operational strategy and work plan for the current
year.
(2) Upon drawing up a medium-term operation strategy of a
State agency, a Minister and the director of the Agency shall
agree on the carrying out of the State administration tasks
transferred to the State agency.
(3) A medium-term operation strategy is a planning document of
the operation of a State agency, which ensures mutual link
between operation and budget planning of the State agency
according to the development planning documents already approved
in the relevant field, the medium-term operational strategy of
the relevant ministry and legal acts. A medium-term operation
strategy shall be drawn up for a time period of three years, and
it shall be approved by the Cabinet together with the budget of
the Agency.
(4) The following shall be determined in a medium-term
operation strategy of a State agency:
1) the objectives, directions of operation and medium-term
priorities of the State agency;
2) the services to be provided by the State agency, their
development, introduction and ensuring of their access, as well
as characterise the client of the State agency and their
needs;
3) the operational results and performance indicators achieved
and planned by the State agency according to the direction of
operation of the agency in the policy field to be supervised or
introduced and the policy results determined therein;
4) the planned sources of revenue and utilisation of revenue
of the State agency;
5) the justification of the necessity of the financing granted
to the sectoral ministry for the subsequent planning period;
6) other issues which a Minister or the director of the State
agency consider essential.
(5) The procedures by which a medium-term operation strategy
of a State agency shall be drawn up, updated and evaluated shall
be determined by other laws and regulations in the field of
development planning.
(6) A medium-term operation strategy of a State agency shall
be available to the public on the website of the relevant
ministry and State agency.
(7) A State agency shall draw up a work plan for the current
year according to the medium-term operation strategy and budget
of the State agency in accordance with the laws and regulations
in the field of development planning.
Section 12. Property of a State
Agency
(1) Property of a State agency is State property transferred
to the possession of the State agency.
(2) In legal relationship with private individuals a State
agency shall be liable in accordance with the procedures laid
down in the State Administration Structure Law and the Law On
Reimbursement of Losses Caused by State Administrative
Institutions.
(3) A State agency, in accordance with the procedures laid
down in the law, has the right to purchase movable property
necessary for the activity thereof, as well as to alienate the
movable property in the possession of the State agency. Resources
that have been obtained alienating the State movable property
shall be transferred into the State budget.
Section 13. Financing and Approval
of Budget of a State Agency
(1) The budget of a State agency shall be formed by its
revenue from the paid services provided, other own revenue, gifts
and donations, as well as foreign financial assistance.
(2) A State agency may receive a subsidy for carrying out of
State administration tasks from general revenue in accordance
with the Law On Budget and Financial Management. The financing
assigned is revised during drawing up of draft law on the State
budget, evaluating the operational results of the State agency
and the usefulness of continuation of carrying out the task
transferred.
(3) A State agency shall independently form the budget of the
State agency in accordance with the procedures laid down in the
Law On Budget and Financial Management. The budget of the State
agency shall be approved by the Cabinet.
(4) Upon approving the budget of a State agency, the Cabinet
is entitled to determine the part of income to be transferred
into the State budget from the revenue of the State agency for
the paid services provided upon proposal of the relevant
Minister.
Section 14. Account of a State
Agency
(1) A State agency shall open an account in the Treasury.
(2) At the end of the year the surplus of the funds in the
account of a State agency, which has arisen from revenue from the
paid services provided, other own revenue and resources of
foreign financial assistance, shall remain at the disposal of the
State agency, and they may be utilised for financing expenses in
the next year or subsequent years.
(3) The subsidies, earmarked grants and transfers from the
State budget shall be utilised in the current calendar year.
(4) If a State agency is assigned financing of the relevant
sectoral ministry for carrying out of individual State
administration tasks, a separate account in the Treasury shall be
opened for the provision of carrying out thereof.
(5) Information regarding the state of account of a State
agency shall be available to the public, unless laid down
otherwise in the law.
Section 15. Accounting and Reports
of a State Agency
(1) A State agency shall keep accounting and provide reports
in accordance with the procedures laid down in the Law On Budget
and Financial Management.
(2) A State agency shall ensure preparation and publishing of
the annual public report.
(3) The following shall be indicated in the annual public
report of a State agency:
1) the budget implemented in the two previous years and the
budget accepted for the current year, including information
regarding the amount of liabilities and guarantees;
2) a statement of a sworn auditor regarding economic activity
and an economic report of the previous year;
3) information regarding participation in co-operation
projects;
4) measures taken to improve the management of the State
agency;
5) the measures taken in order to promote the awareness of
inhabitants regarding operation of the agency;
6) information regarding achievements in implementation of the
medium-term operation strategy of the State agency and the
results obtained;
7) other information which the director of the State agency
deems important.
Chapter III
Local Government Agency
Section 16. Scope of Operation of a
Local Government Agency
(1) A local government agency shall carry out administration
tasks arising from the functions of the local government,
providing services and implementing local government and
international projects and programmes.
(2) Operation of a local government agency shall be governed
by a by-law approved by the local government council. The
following shall be indicated in the by-law:
1) the name of the local government agency;
2) the local government council and official under whose
subordinated the agency is transferred, and the procedures for
supervising the operation of the local government agency;
3) the objectives of establishing the local government
agency;
4) the tasks of the local government agency;
5) the right of the local government agency to collect fee
from the services provided thereby;
6) the procedures for the issuance, contesting and appeal of
administrative acts.
(3) A local government agency shall carry out other one-time
tasks assigned thereto by a decision of the local government
council.
(4) A by-law of a local government agency may also include
other provisions governing the operation of the local government
agency, which are not referred to in Paragraph two of this
Section.
Section 17. Services Provided by a
Local Government Agency
(1) A local government agency shall provide services according
to the competence of the local government laid down in the law in
order to ensure the public needs in the administrative territory
of the relevant local government.
(2) Implementation of the tasks of a local government is
ensured by providing paid services according to a price list
approved by the local government council, in which the payments
procedures, rates and reliefs are determined.
(3) A local government agency, in conformity with the basic
principles for co-operation framework laid down in the State
Administration Structure Law, shall provide services to other
State and local government institutions and private individuals
carrying out administration tasks, without remuneration, if it
does not require additional resources for data processing and
analysis from the local government agency.
(4) The services provided by a local government agency shall
be determined and their price list shall be approved by binding
regulations of the local government.
(5) The pricing of the services provided by a local government
agency shall enter into effect in accordance with the procedures
laid down in the Law On Local Governments.
(6) Information regarding the pricing of the paid services
provided by a local government agency and reliefs from fee shall
be published on the website of the relevant local government.
Section 18. Issuance and
Contestation of Administrative Acts of a Local Government
Agency
(1) In the cases provided for in the binding regulations of a
local government a local government agency shall issue
administrative acts in accordance with laws and regulations.
(2) An administrative act issued or actual action of a local
government agency may be contested in the relevant local
government in accordance with the procedures laid down in the
binding regulations thereof. A decision on a contested
administrative act shall be taken according the general legal
norms governing administrative process, unless laid down
otherwise in the law.
Section 19. Establishment,
Reorganisation and Liquidation of a Local Government Agency
(1) A local government agency shall be established,
reorganised and liquidated by the local government council upon
its initiative, in conformity with the requirements laid down in
Section 15 of the State Administration Structure Law.
(2) Upon establishing, reorganising or liquidating a local
government agency, the local government council shall evaluate
the necessity of establishment, reorganisation or liquidation
thereof depending on the usefulness, efficiency and other basic
principles laid down in the State Administration Structure
Law.
(3) If a local government agency is being reorganised or
liquidated, its closing balance shall be drawn up, indicating the
property value and the amount of liabilities.
Section 20. Supervision of Operation
of a Local Government Agency
(1) Operation of a local government agency shall be supervised
by the local government council.
(2) Upon implementing supervision, the local government
council shall:
1) approve a medium-term operation strategy of the local
government agency;
2) approve the total amount of annual budget;
3) approve the work plan of the local government agency for
the current year;
4) hire and dismiss the director of the local government
agency;
5) evaluate the results of operation of the local government
agency;
6) propose carrying out of inspections at the local government
agency;
7) initiate a disciplinary matter or an official inspection in
relation to activities of the director of the local government
agency (also take disciplinary action);
8) carry out other tasks laid down in laws and
regulations.
(3) The local government council and its authorised official
have the right to request and receive information regarding
operation of a local government agency.
Section 21. Director of a Local
Government Agency
(1) The work of a local government agency shall be managed by
its director. The director of the local government agency shall
carry out the tasks laid down in external laws and regulations
and the by-law of the local government agency, as well as:
1) draw up medium-term operational strategies and draft budget
of the local government agency;
2) ensure fulfilment of the medium-term operational strategy,
budget and work plan of the local government agency for the
current year;
3) provide a report to the local government council or its
authorised official on fulfilment of the medium-term operational
strategy and the work plan for the current year;
4) provide the information necessary to the local government
council and its authorised official and proposals in issues of
operation of the local government agency;
5) carry out other tasks laid down in the laws and regulations
governing operation of the local government.
(2) The director of a local government agency shall be
responsible for rational utilisation of the financial resources
of the local government agency according to the administration
tasks to be carried out.
(3) An open competition for the office of the director of a
local government agency shall be announced in the newspaper of
the administrative territory of the relevant local government and
on the website of the local government.
(4) The director of a local government agency shall be
appointed to the office by the local government council for five
years. Upon evaluating the performance results of the local
government agency, the director of the local government agency
may be re-appointed to the office or removed from the office
before term in accordance with other laws.
Section 22. Work Remuneration at a
Local Government Agency
Work remuneration at a local government agency shall be
determined in accordance with the Law On Remuneration of
Officials and Employees of State and Local Government
Authorities.
Section 23. Planning of Operation of
a Local Government Agency
(1) Planning documents of operation of a local government
agency are a medium-term operational strategy and work plan for
the current year.
(2) On the basis of the development planning documents and
binding regulations of the relevant local government, the
chairperson of the local government council and the director of
the local government agency shall agree on the carrying out of
the tasks transferred to the local government agency and the
utilisation of the resources and the disposal thereof, drafting a
medium-term operational strategy and budget of the local
government agency.
(3) A medium-term operational strategy of a local government
agency shall be drawn up for three years and approved by the
council together with the budget of the local government
agency.
(4) The following shall be determined in a medium-term
operation strategy of a local government agency:
1) the objectives, directions of operation and medium-term
priorities of the local government agency;
2) the services to be provided by the local government agency,
their development, introduction and provision of access;
3) the operational results achieved and planned by the local
government agency and performance indicators according to the
field of operation;
4) the levels of satisfaction by the clients of the local
government agency for the services received and the accessibility
of the information provided by the agency;
5) the basic principles for utilisation of the financing of
the local government agency, the sources of revenue and the
utilisation of revenue;
6) the justification of the necessity of the financing granted
by the local government for the subsequent planning period;
7) the procedures for the evaluation of updating and
implementation of the strategy;
8) other issues which the chairperson of the local government
council or the director of the local government agency considers
essential.
(5) The medium-term operation strategy of a local government
agency shall be available to the public on the website of the
relevant local government.
(6) A local government agency shall draw up a work plan for
the current year according to the medium-term operation strategy
and budget, determining the results to be achieved in a year and
the measures to be taken for achieving such results.
Section 24. Property of a Local
Government Agency
(1) Property of a local government agency is local government
property transferred to the possession of the local government
agency.
(2) In legal relationship with private individuals a local
government agency shall be liable in accordance with the
procedures laid down in the Law On Reimbursement of Losses Caused
by State Administrative Institutions. If it is not sufficient or
if the fulfilment of the liabilities of the local government
agency may hinder carrying out of its functions, the relevant
local government shall be responsible for the liabilities of the
local government agency.
(3) A local government agency, in accordance with the
procedures laid down in the law, has the right to purchase
movable property necessary for the operation thereof, as well as
to alienate the movable property in the possession of the local
government agency, co-ordinating it with the local government
council. Resources that have been obtained alienating the local
government movable property shall be transferred into the local
government budget.
Section 25. Financing of a Local
Government Agency
Revenue of a local government agency shall be formed by a
subsidy from the local government budget, revenue of the local
government agency from the paid services provided and other own
revenue (including donations, gifts and foreign financial
assistance).
Section 26. Account of a Local
Government Agency
(1) A local government agency shall co-ordinate opening of an
account with the local government council.
(2) The surplus of the resources in the account of a local
government agency at the end of the year, which has arisen from
all types of revenue of the local government agency (except local
government subsidy), if it does not exceed the amount of
resources actually received in the year, shall remain at the
disposal of the local government agency and it may be utilised
for financing expenses in the next year or subsequent years.
(3) Information regarding the state of account of a local
government agency shall be available to the public, unless laid
down otherwise in the law.
Section 27. Accounting and Reports
of a Local Government Agency
(1) A local government agency shall keep accounting and
provide reports in accordance with the procedures laid down in
the Law On Budget and Financial Management.
(2) A local government agency shall ensure preparation and
publishing of the annual public report.
(3) The following shall be indicated in the annual public
report of a local government agency:
1) the budget implemented in the two previous years and the
budget accepted for the current year, including information
regarding the amount of liabilities and guarantees;
2) a statement of a sworn auditor regarding economic activity
and an economic report of the previous year;
3) information regarding participation in co-operation
projects;
4) measures taken to improve the management of the local
government agency;
5) the measures taken in order to promote the awareness of
inhabitants regarding operation of the agency;
6) information regarding achievements in implementation of the
medium-term operation strategy of the local government agency and
the results obtained;
7) other information which the director of the local
government agency deems important.
Chapter IV
Jointly Established Agencies
Section 28. State Agency Established
in the Field of Operation of Several Ministries
(1) The norms laid down in this Law determining the operation
of a State agency shall apply to a State agency established in
the field of operation of several ministries, unless laid down
otherwise in this Chapter.
(2) The procedures for supervision of operation, financing and
preparation and approval of reports of a State agency established
in the field of operation of several ministries shall be
determined in the by-law of the State agency. The by-law of a
State agency established in the field of operation of several
ministries shall be approved by the Cabinet.
(3) A State agency established in the field of operation of
several ministries shall be under institutional subordination of
the Cabinet. The form of the functional subordination in relation
to carrying out particular administration tasks shall be
determined in the by-law of the agency.
(4) The procedures for the establishment, reorganisation and
liquidation of a State agency established in the field of
operation of several ministries shall be determined in Section 7
of this Law.
(5) A medium-term operation strategy of a State agency
established in the field of operation of several ministries shall
be approved by the Cabinet.
(6) The director of a State agency established in the field of
operation of several ministries shall be appointed and removed
from the office by the Cabinet on the basis of a joint proposal
of the relevant ministers.
Section 29. Local Government Agency
Jointly Established by Local Governments
(1) The procedures for the establishment of joint institutions
laid down in the Law On Local Governments shall apply to a local
government agency jointly established by several local
governments, unless laid down otherwise in this Law.
(2) The procedures for the supervision of operation, financing
and preparation and approval of reports of a local government
agency jointly established by several local governments shall be
determined in the by-law thereof.
(3) The director of a local government agency jointly
established by several local governments has the competence of
the director of a local government agency laid down in this
Law.
(4) If in legal relationship with natural and legal persons
the fulfilment of liabilities of a local government agency
jointly established by several local governments may hinder the
performance of its functions or if the property of a local
government agency jointly established by several local
governments is not sufficient for the fulfilment of its
liabilities, the relevant local governments shall be responsible
for liabilities of the local government agency jointly
established by several local governments in proportion to the
part of the property invested by each local government.
Section 30. Agency Jointly
Established by the State and a Local Government
(1) The norms of this Law determining the operation of State
agencies shall be applied to agencies jointly established by the
State and a local government, unless laid down otherwise in this
Chapter.
(2) The by-law of an agency jointly established by the State
and a local government shall be approved by the Cabinet and the
council of the relevant local government, and the referred-to
agency shall operated in the name of the relevant public persons
according to the competence determined for them.
(3) The procedures for the supervision of operation, financing
and preparation and approval of reports of an agency jointly
established by the State and a local government shall be
determined in the by-law of the agency jointly established by the
State and a local government. The amount of the property to be
transferred in possession of such agency shall be determined in a
Cabinet order regarding establishment of a State and local
government agency.
(4) The Cabinet and the relevant local government, prior to
taking a decision, shall mutually agree on the procedures for the
supervision of operation and preparation and approval of reports
of an agency jointly established by the State and a local
government.
(5) If a subsidy is assigned to an agency jointly established
by the State and a local government from general revenue, then it
shall be covered from the State budget for provision of State
tasks and from the local government budget - for provision of
local government tasks.
(6) A medium-term operation strategy of an agency jointly
established by the State and a local government shall be approved
by the Cabinet. The Cabinet and the relevant local government
shall agree on the conditions of the medium-term operation
strategy before taking a decision.
(7) A competition for the office of the director of an agency
jointly established by the State and a local government shall be
organised in accordance with the procedures laid down in the
State Civil Service Law.
(8) The director of an agency jointly established by the State
and a local government shall be appointed and removed from the
office by the Cabinet on the basis of a joint proposal of the
relevant Minister and the council.
Section 31. Property of a Jointly
Established Agency
(1) The property of a jointly established agency is the
property of the State and the relevant local government or the
State, or the relevant local government, which is transferred in
possession or use of such agency.
(2) A jointly established agency, in accordance with the
procedures laid down in the law, has the right to purchase
movable property necessary for the operation thereof, as well as
to alienate the movable property in the possession of the agency.
Resources that have been obtained alienating the State movable
property shall be transferred into the State or local government
budget.
Section 32. Administrative Acts and
Liability of a Jointly Established Agency
(1) The administrative acts or actual action of a jointly
established agency may be appealed to a court in accordance with
the procedures laid down in the Administrative Procedure Law,
unless the procedures for contesting such administrative act are
laid down in law or Cabinet regulations.
(2) The establishers of a jointly established agency shall be
responsible for the losses caused in the field of public-private
law by the agency in accordance with the procedures laid down in
the State Administration Structure Law, unless laid down
otherwise in the by-law of the agency.
Transitional Provisions
1. With the coming into force of this Law, the Public Agencies
Law (Latvijas Republikas Saeimas un Ministru Kabineta
Ziņotājs, 2001, No. 10; 2002, No. 23; 2005, No. 6; 2008, No.
1, 2009, No. 1, 2, 6), is repealed.
2. In accordance with the requirements of this Law the State
agency "Civil Aviation Agency" shall commence operation from 1
January 2010. The ministries shall evaluate the conformity of
operation of other State agencies with the requirements of this
Law, and the Cabinet shall take a decision by 1 January 2013 on
continuation of operation of the relevant agency, liquidation or
reorganisation of the agency, in conformity with the requirements
laid down in Section 15 of the State Administration Structure
Law.
3. Until the Cabinet decision referred to in Paragraph 2 of
these Transitional Provisions the State agencies, which were
established until the day of coming into force of this Law, shall
operate in accordance with the status of institutions of direct
administration laid down in the State Administration Structure
Law and the procedures for financing budget institutions laid
down in the Law On Budget and Financial Management. The
provisions of this Law shall not apply to these agencies, insofar
as it does not lay down otherwise.
4. Until 1 January 2013 the Cabinet shall ensure the drawing
up of the necessary draft laws and regulations according to the
requirements of this Law.
5. Until the day when new by-laws of State agencies enter into
effect, but not longer than until 1 January 2013, such by-laws of
State agencies shall be applicable, which were issued on the
basis of the law referred to in Paragraph 1 of these Transitional
Provisions.
6. Until the day when the Cabinet regulations referred to in
Section 5, Paragraph two of this Law come into force, but not
longer than until 1 September 2011 Cabinet Regulation No. 615 of
23 August 2005, Methodology for Determination of Pricing of Paid
Services of State Agencies and Procedures for Approving the
Pricing, shall be applicable, insofar as it is not in
contradiction with this Law.
7. Public agency management contracts may be in effect until
expiry of the term of operation thereof insofar as they are not
in contradiction with other legal acts and the work plan of a
State agency or the supervisory authority.
8. In order to ensure the continuity of planning of operation
of State agencies, the director of a State agency shall draw up a
work plan for 2010 and co-ordinate it with the relevant Minister.
A work plan for 2010 shall include a task to draw up a
medium-term operation strategy of the State agency 2011-2013 in
accordance with the procedures stipulated by the Cabinet.
9. The local government council shall ensure the conformity of
operation of local government agencies with the conditions of
Section 2, Paragraph two and Section 17, Paragraphs two and four
of this Law until 31 December 2010.
10. The Cabinet shall draw up and by 1 January 2011 submit to
the Saeima the necessary amendments to other laws.
This Law shall come into force on 1 January 2010.
This Law has been adopted by the Saeima on 1 December
2009.
President V. Zatlers
Riga, 18 December 2009
1 The Parliament of the Republic of
Latvia
Translation © 2014 Valsts valodas centrs (State
Language Centre)
