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Teksta versija
LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.04.2018.–31.12.2018.
Amendments not included: 11.12.2018.

Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

27 September 2011 [shall come into force on 1 October 2011];
11 December 2012 [shall come into force on 1 January 2013];
17 September 2013 [shall come into force on 1 January 2014];
3 December 2013 [shall come into force on 1 January 2014];
22 April 2015 [shall come into force from 30 April 2015];
28 June 2016 [shall come into force from 1 July 2016];
3 January 2017 [shall come into force from 6 January 2017];
27 March 2018 [shall come into force from 1 April 2018].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.


Republic of Latvia

Cabinet
Regulation No. 1493

Adopted 22 December 2009

Regulations Regarding the Amount of State-ensured Legal Aid, the Amount of Payment, Reimbursable Expenses and the Procedures for Payment Thereof

Issued pursuant to
Section 84, Paragraph two and Section 104, Paragraph five
of the Criminal Procedure Law
and Section 5, Paragraph five
of the State Ensured Legal Aid Law

I. General Provisions

1. This Regulation prescribes the types and amount of State-ensured legal aid (hereinafter - legal aid), the amount of payment and the reimbursable expenses related to the provision of legal aid and the amount of and procedures for payment.

2. Payment for legal aid shall be calculated as follows:

2.1. for a legal consultation in civil matters, cross-border dispute matters, and administrative matters - for full hours;

2.2. for provision of legal aid at a court sitting - representation in court in civil matters, cross-border dispute matters, and administrative matters and representation and defence in criminal proceedings - for full 30 minutes.

[28 June 2016; 27 March 2018]

3. If the provider of legal aid is registered as a payer of the value added tax, the provider of legal aid shall add the amount of the value added tax laid down in the Value Added Tax Law to the amount of payment laid down in Paragraphs 9 and 28 of this Regulation.

[27 September 2011; 17 September 2013]

4. Other expenses related to the provision of legal aid which are determined in Paragraphs 35 and 36 of this Regulation shall not be taxable with personal income tax and mandatory State social insurance contributions in accordance with the Law On Personal Income Tax and the Law On State Social Insurance.

II. Types of Legal Aid

5. The State shall ensure the following legal aid in civil matters:

5.1. legal consultations during extrajudicial stage and stage of legal proceedings;

5.2. drawing up of a procedural document during extrajudicial stage and stage of legal proceedings;

5.3. representation in court.

6. In the cases laid down in the State Ensured Legal Aid Law the State shall ensure the following legal aid in administrative matters:

6.1. legal consultations during extrajudicial stage and stage of legal proceedings;

6.2. drawing up of a procedural document during extrajudicial stage and stage of legal proceedings;

6.3. representation in court.

[27 September 2011 / Amendments to the Paragraph shall come into force on 23 December 2011. See Paragraph 2 of amendments]

7. The State shall ensure the following legal aid in cross-border dispute matters:

7.1. legal consultations during extrajudicial stage, stage of legal proceedings and stage of execution of a court adjudication or public act;

7.2. drawing up of a procedural document during extrajudicial stage, stage of legal proceedings and stage of execution of a court adjudication or public act;

7.3. representation in court.

8. The State shall ensure the following legal aid in criminal proceedings:

8.1. [27 September 2011];

8.2. drawing up of a procedural document during stages of pre-trial process and legal proceedings;

8.3. representation and defence during pre-trial process and at a court sitting (including matters concerning application of compulsory measures of correctional or medical nature and deciding on issues related to the execution of such punishment which has been determined by a court judgment or in the prosecutor penal order).

III. Amount of Payment for Legal Aid Provided in Civil Matters, Administrative Matters and Cross-border Dispute Matters

9. The State shall pay the following amount to the provider of legal aid for legal aid to one person in a civil matter, administrative matter and matter of a cross-border dispute:

9.1. for provision of a legal consultation - EUR 20 per hour;

9.2. for drawing up a statement of claim, an application for initiation of proceedings, a creditors claim in insolvency proceedings, a counterclaim, an ancillary complaint or a settlement - EUR 50;

9.3. for drawing up an appellate complaint - EUR 65;

9.4. for drawing up a cassation complaint - EUR 80;

9.5. for drawing up such a document necessary for settling a matter for which the content requirements are laid down in laws and regulations and for the preparation of which legal knowledge is necessary (for example, opinion or explanations (except for a document for requesting information and the documents referred to in Sub-paragraphs 9.2, 9.3, and 9.4 of this Regulation)) - EUR 25;

9.6. for drawing up an addition to the documents referred to in Sub-paragraphs 9.2, 9.3, and 9.4 of this Regulation - EUR 25;

9.7. for representation at a court sitting - EUR 40 per hour;

9.8. for studying one volume of materials of a civil, administrative or cross-border dispute matter in court within one court instance - EUR 20.

[28 June 2016; 27 March 2018]

10. The State shall cover the expenses for the legal consultation referred to in Sub-paragraph 9.1 of this Regulation - for maximum of five hours per matter.

11. The State shall cover the expenses for drawing up the documents referred to in Sub-paragraphs 9.2, 9.3, 9.4, 9.5 and 9.6 of this Regulation for maximum of five such documents per matter.

12. The State shall cover the expenses for representation at a court sitting for maximum of 40 hours per matter.

13. Payment to the provider of legal aid shall be determined at a double hourly rate in accordance with the conditions of this Regulation if the provider of legal aid following an appointment by the Legal Aid Administration (hereinafter - the Administration) in a civil matter, administrative matter, cross-border dispute matter, or in an administrative matter in the cases and according to the procedures laid down in the Immigration Law and Asylum Law, following an invitation by the competent institution, provides the legal consultation referred to in Sub-paragraph 9.1 of this Regulation in the place of residence or location (e.g. medical treatment institution, deprivation of liberty institution, accommodation centre for detained foreigners) of the recipient of legal aid if the recipient of legal aid due to reasons not depending on him or her (for example, disability or health condition) is unable to arrive at the place of practice of the provider of legal aid.

[11 December 2012; 28 June 2016]

14. For a provider of legal aid who provides the legal consultation referred to in Sub-paragraph 9.1 of this Regulation simultaneously to two or more persons in one civil matter, administrative matter or cross-border dispute matter, payment per hour of legal consultation shall be calculated in the amount laid down in Sub-paragraph 9.1 of this Regulation.

15. For a provider of legal aid who draws up the documents referred to in Sub-paragraphs 9.2, 9.3, 9.4, 9.5 and 9.6 of this Regulation on behalf of two or more persons in one civil matter, administrative matter or cross-border dispute matter, payment per document shall be calculated in the amount laid down in Sub-paragraphs 9.2, 9.3, 9.4, 9.5 and 9.6 of this Regulation.

16. If the legal aid referred to in Sub-paragraphs 9.1, 9.2, 9.3, 9.4, 9.5 and 9.6 of this Regulation is provided simultaneously to two or more persons in one civil matter, administrative matter or cross-border dispute matter, the Administration shall reduce the amount of the type of legal aid granted in accordance with the procedures laid down in the State Ensured Legal Aid Law for each recipient of legal aid according to the type of legal aid granted.

17. For a provider of legal aid who represents two or more persons in one civil matter, administrative matter or cross-border dispute matter, payment for representation of each person at a court sitting shall be calculated in the amount of 65% from the sum provided for in Sub-paragraph 9.7 of this Regulation.

17.1 For a provider of legal aid who represents two or more persons in one civil matter, administrative matter or cross-border dispute matter, payment per person for studying one volume of materials of a civil, administrative or cross-border dispute matter in court shall be calculated in the amount of 65% from the sum provided for in Sub-paragraph 9.8 of this Regulation.

[11 December 2012]

18. Exceptions to the conditions referred to in Paragraphs 10, 11, and 12 of this Regulation are permitted if the failure to provide legal aid restricts the guaranteed fundamental rights of a person and the Administration has taken a decision to provide legal aid as an exceptional measure or if legal aid is provided in an administrative matter.

[11 December 2012; 28 June 2016]

19. A provider of the legal aid referred to in Sub-paragraph 9.1 of this Regulation in civil matters, administrative matters and cross-border dispute matters shall be paid for the time spent by the provider of legal aid while waiting for a recipient of legal aid at the time and place indicated in the order of the Administration and the recipient fails to attend or notify regarding non-attendance in a timely manner, however, for maximum of one hour in the amount of 50% from the payment for one legal consultation laid down in Sub-paragraph 9.1 of this Regulation. If a recipient of legal aid fails to appear without a justified reason and has not notified the provider of legal aid or the Administration regarding non-attendance in a timely manner, the Administration shall reduce by one hour the amount of the type of legal aid granted to the recipient of legal aid in accordance with the procedures laid down in the State Ensured Legal Aid Law.

20. The time spent on ensuring the legal aid referred to in Sub-paragraph 9.7 of this Regulation in civil matters, administrative matters and cross-border dispute matters shall include the time spent by the provider of legal aid while waiting for the start of a court sitting at the time and place indicated until the time when the provider of legal aid is informed regarding postponement of the sitting due to reasons not depending on the provider of legal aid. If a court sitting is postponed because of the recipient of legal aid and it is established that he or she has failed to attend it without a justified reason or to notify the court regarding non-attendance in a timely manner, the Administration shall reduce the amount of the type of legal aid granted to the recipient of legal aid by the number of hours paid-for in accordance with the procedures laid down in the State Ensured Legal Aid Law.

21. The time referred to in Paragraph 20 of this Regulation shall be included in the time spent on ensuring legal aid, and the abovementioned circumstances shall be confirmed by a judge or by an employee appointed by the relevant institution if a video conferencing is determined in the matter and the provider of legal aid has participated in the examination of a matter through video conferencing, by approving a notice on provision of State-ensured legal aid in civil matters, administrative matters, and cross-border dispute matters (Annex 1).

[11 December 2012; 28 June 2016]

IV. Amount of Payment for Legal Aid Provided to a Person for Commencement of Criminal Proceedings in Private Prosecution Cases

[27 September 2011]

22. [27 September 2011]

23. [27 September 2011]

24. [27 September 2011]

25. [27 September 2011]

26. [27 September 2011]

27. [27 September 2011]

V. Amount of Payment for Legal Aid Provided in Commenced Criminal Proceedings

28. The State shall pay to the provider of legal aid the following amount for legal aid to one person in criminal proceedings:

28.1. for drawing up a written application for the injured person for compensation of harm - EUR 50;

28.2. for drawing up a written complaint in the cases provided for in the Criminal Procedure Law concerning the actions or decisions of the official performing the criminal proceedings, and application, amending or revocation of a procedural compulsory measure - EUR 50;

28.3. for drawing up a document required for adjudication of the matter in a written procedure (objection or explanation (except for the cases referred to in Sub-paragraphs 28.1, 28.2, 28.4, 28.5, and 28.6 of this Regulation)) - EUR 25;

28.4. for drawing up an appellate complaint - EUR 85;

28.5. for drawing up a cassation complaint - EUR 100;

28.6. for drawing up an addition to the documents referred to in Sub-paragraphs 28.2, 28.4, and 28.5 of this Regulation - EUR 25;

28.7. for representation or defence during the stage of pre-trial proceedings - EUR 30 per hour;

28.8. for representation or defence at a court sitting - EUR 40 per hour;

28.9 for provision of legal aid to a suspect or accused person at a court sitting when deciding the issue of application of a security measure - EUR 30 per hour;

28.10. for studying one volume of materials of a criminal matter in court within one court instance (including when deciding the issue of application of a security measure in court) - EUR 20.

[28 June 2016; 27 March 2018]

29. If the provider of legal aid provides a legal consultation in the cases referred to in Sub-paragraphs 28.7, 28.8, and 28.9 of this Regulation which is related with the court sitting or with the relevant procedural action in which representation or defence must be performed according to the Criminal Procedure Law, then EUR 20 shall be added to the amount of payment as payment for the provided legal consultation.

[28 June 2016]

29.1 If the provider of legal aid ensures the consultation referred to in Paragraph 29 of this Regulation in a deprivation of liberty institution, the payment shall be determined at a double rate.

[28 June 2016]

30. The amount of payment referred to in Sub-paragraphs 28.1, 28.2, 28.3, 28.4, 28.5, and 28.6 of this Regulation shall include a legal consultation by the provider of legal aid when drawing up a procedural document. If the document referred to in Sub-paragraph 28.3, 28.4, 28.5 or 28.6 of this Regulation is drawn up for two or more persons, the payment shall be made for the drawing up of one document.

[27 September 2011; 28 June 2016; 3 January 2017]

31. For a provider of legal aid who defends or represents two or more persons in one criminal proceeding, payment for defence or representation of each person at a court sitting shall be calculated in the amount of 65% from the sum provided for in Sub-paragraph 28.8 of this Regulation. In such case the payment for a legal consultation provided to each person referred to in Paragraph 29 of this Regulation shall be added to the amount of payment.

[11 December 2012; 28 June 2016]

31.1 For a provider of legal aid who defends or represents two or more persons in one criminal proceeding, payment for studying one volume of materials of the criminal matter in a court (including when deciding the issue of application of a security measure in court) for each person to be defended or represented shall be calculated in the amount of 65 % from the sum provided for in Sub-paragraph 28.10 of this Regulation.

[11 December 2012; 28 June 2016; 3 January 2017]

32. If a provider of legal aid in criminal proceedings provides the legal aid provided for in Sub-paragraph 28.7 or 28.9 of this Regulation on Saturdays, Sundays, public holidays or working days between 8 p.m. and 8 a.m., the payment shall be determined at a double hourly rate in accordance with the conditions of this Regulation. It shall also apply to the amount of payment for legal consultation referred to in Paragraph 29 of this Regulation.

[3 January 2017]

33. The time spent for ensuring legal aid in criminal proceedings in accordance with Sub-paragraphs 28.7, 28.8, and 28.9 of this Regulation shall also include:

33.1. the time spent by the provider of legal aid while waiting for the start of a procedural action or a court sitting if another time had been indicated and it has not been observed due to reasons not depending on the provider of legal aid;

33.2. the time spent by the provider of legal aid who has arrived at the indicated time and place while waiting for the start of a procedural action or a court sitting until the time when the recipient of legal aid is informed regarding postponement of the sitting due to reasons not depending on the provider of legal aid.

[28 June 2016]

34. The time and actions referred to in Paragraph 33 of this Regulation shall be included in the time spent on ensuring legal aid, and the referred-to circumstances or performance of actions shall be confirmed by the person directing the proceedings by approving a notice on provision of State-ensured legal aid in criminal proceedings (hereinafter - notice) (Annex 2).

VI. Other Expenses Related to Provision of Legal Aid and Amount Thereof

35. If the legal aid referred to in Sub-paragraphs 9.1, 9.7, 9.8, 28.7, 28.8, 28.9, and 28.10 of this Regulation is provided outside the republic city, municipality town or territory of a municipality in which the place of practice of the provider of legal aid is situated, his or her travelling (transport) expenses and hotel (accommodation) expenses shall be covered from the State budget in the following amount:

35.1. if the provider of legal aid uses his or her personal vehicle, the travelling (transport) expenses shall be covered according to the distance between the place of practice and the place of provision of legal aid indicated in accordance with the procedures laid down in Paragraph 48 or 49 of this Regulation, taking into account the fuel price and the fuel consumption of the vehicle, but no more than 10 litres per 100 kilometres travelled;

35.2. if the provider of legal aid uses public transportation (train or bus), travelling (transport) expenses shall be covered;

35.3. hotel (accommodation) expenses shall be covered, not exceeding the amount of travel expenses for accommodation determined for employees of State administration institutions and public agencies.

[27 September 2011; 28 June 2016; 27 March 2018]

36. If the legal aid referred to in Sub-paragraphs 9.1, 9.7, 9.8, 28.7, 28.8, 28.9, and 28.10 of this Regulation is provided outside the republic city, municipality town or territory of a municipality in which the place of practice of the provider of legal aid is situated, he or she shall be paid from the funds from the State budget, in addition to the expenses referred to in Paragraph 35 of this Regulation, for the time spent while travelling to the place of provision of legal aid and returning from it, according to the distance indicated by the provider of legal aid in accordance with the procedures laid down in Paragraph 48 or 49 of this Regulation, in the following amount:

36.1. 50 to 100 kilometres - EUR 5;

36.2. 101 to 150 kilometres - EUR 6;

36.3. 151 to 200 kilometres - EUR 7;

36.4. 201 to 300 kilometres - EUR 12;

36.5. 301 to 400 kilometres - EUR 16;

36.6. 401 to 500 kilometres - EUR 20;

36.7. more than 500 kilometres - EUR 25.

[27 September 2011; 17 September 2013; 28 June 2016; 27 March 2018]

37. [27 March 2018]

38. In an administrative matter, in the appeal procedures within the framework of the process of granting asylum, when providing the legal aid referred to in Sub-paragraph 9.1 of this Regulation, the State shall cover expenses related to the services of an interpreter, which arise when a recipient of legal aid communicates with the provider of legal aid - maximum five hours per one matter. Such expenses shall be covered by the institution in charge of reviewing the request for asylum, according to the rates determined by the providers of services of an interpreter.

[27 September 2011; 28 June 2016]

38.1 Within the scope of appellate procedures in an administrative matter concerning a decision on a disputed voluntary return decision or a decision on a disputed removal order, the Administration shall, in the case laid down in the State Ensured Legal Aid Law, cover the expenses related to interpreting and translation services according to the rates determined by the providers of such services.

[27 September 2011 / Paragraph shall come into force on 23 December 2011. See Paragraph 2 of amendments]

39. In a cross-border dispute matter the Administration shall cover the expenses related to interpreting and translation services, as well as the expenses related to the arrival of a person to the court sittings (if necessary) according to the rates determined by the providers of such services.

VII. Procedures by which Payment shall be made for the Provision of Legal Aid and the Related Reimbursable Expenses shall be Paid

40. In order to receive payment for provision of the legal aid referred to in Paragraph 9 of this Regulation, a provider of legal aid shall submit to the Administration a notice on provision of State-ensured legal aid in civil matters, administrative matters and cross-border dispute matters (Annex 1).

[27 September 2011; 11 December 2012]

41. The provider of legal aid shall submit the notice on provision of State-ensured legal aid in civil matters, administrative matters and cross-border dispute matters for approval and, prior to giving of a court ruling in civil matters and cross-border dispute matters, for calculation of expenses related to provision of legal aid to the judge involved in the examination of the relevant matter or the employee appointed by the relevant institution if a video conferencing is determined in the matter immediately after performance of the assigned task - provision of the legal aid referred to in Sub-paragraph 9.7 of this Regulation.

[28 June 2016]

41.1 To receive payment for the provision of the legal aid referred to in Sub-paragraphs 9.1, 9.2, 9.3, 9.4, 9.6, and 9.8 of this Regulation in the cases and according to the procedures determined in the Asylum Law and the Immigration Law, the provider of legal aid shall submit to the Administration the notice (Annex 1) approved by the judge involved in the examination of the matter, the employee of the relevant institution or a court employee appointed by the Chief Judge involved in the examination of the matter if a video conferencing is determined in the matter.

[28 June 2016]

42. To receive payment for the provision of the legal aid referred to in Sub-paragraphs 28.1, 28.2, 28.3, 28.4, 28.5, and 28.6 of this Regulation, the provider of legal aid shall submit to the Administration the notice (Annex 2) approved by the person directing the proceedings involved in the examination of the relevant matter, an employee appointed by the Chief Judge if a video conferencing is determined in the matter, or the person responsible for receipt of documents in the addressee institution, and the elder of the sworn advocates who organises the work of providers of legal aid practising in the relevant court operation territory in criminal proceedings and draws up their duty schedule. In such cases the person directing the proceedings involved in the examination of the relevant matter, an employee appointed by the Chief Judge if a video conferencing is determined in the matter, or the person responsible for receipt of documents in the addressee institution shall approve the notice immediately after receipt of the procedural document submitted by the provider of legal aid and shall add a certified copy of the notice to the materials of the matter.

[3 January 2017]

43. If the provider of legal aid has prepared the procedural document referred to in Sub-paragraphs 9.2, 9.3, 9.4, 9.5, 9.6, 28.1, 28.2, 28.3, 28.4, 28.5, and 28.6 of this Regulation on behalf of the recipient of legal aid and has issued it to the recipient of legal aid, and due to reasons not depending on the provider of legal aid it has not been submitted to the person directing the proceedings or the institution of the addressee and has not been sent by mail, the provider of legal aid shall submit to the Administration, for the purpose of receipt of payment for providing the legal aid concerned, a notice on provision of State-ensured legal aid in civil matters, administrative matters, and cross-border dispute matters (Annex 1) or a notice (Annex 2), adding a copy of the accordingly prepared procedural document to the notice.

[27 September 2011; 11 December 2012; 28 June 2016]

44. To receive payment for the provision of the legal aid referred to in Sub-paragraphs 28.7, 28.8, 28.9, and 28.10 of this Regulation, the provider of legal aid shall submit to the Administration the notice (Annex 2) approved by the person directing the proceedings involved in the examination of the relevant matter and the elder of the sworn advocates who organises the work of providers of legal aid practising in the relevant court operation territory in criminal proceedings and draws up their duty schedule. After performance of the task the certified copy of a notice approved by the person directing the proceedings shall be added to materials of the criminal matter.

[3 January 2017]

44.1 If the elder of the sworn advocates who organises the work of providers of legal aid practising in the relevant court operation territory in criminal proceedings and draws up their duty schedule does not approve the notice (Annex 2) according to the procedures laid down in Paragraphs 42 and 44 of this Regulation, he or she shall inform the person directing the proceedings involved in the relevant matter thereof within three working days.

[3 January 2017]

45. The notice on provision of State-ensured legal aid in civil matters, administrative matters and cross-border dispute matters (Annex 1) referred to in Paragraph 40 of this Regulation shall be submitted by the provider of legal aid to the Administration not later than 10 working days after full or partial performance of the task assigned by the Administration or - in the cases laid down in this Regulation - after the day when the notice on provision of State-ensured legal aid in civil matters, administrative matters and cross-border dispute matters is approved. If a hearing has been set in a civil matter or cross-border dispute matter, the provider of legal aid shall submit the abovementioned notice to the Administration not later than 10 working days prior to the relevant hearing. The provider of legal aid shall submit the notice containing the information collected regarding the provided legal aid for which the information has not been submitted to the Administration to the judge involved in the examination of the matter for calculating the expenses in relation to the provision of the State-ensured legal aid.

[11 December 2012; 28 June 2016]

46. The provider of legal aid shall submit a notice (Annex 2) to the Administration within two months from the day it has been approved in accordance with the procedures laid down in Paragraphs 42 and 44 of this Regulation.

[3 January 2017]

47. In the case referred to in Paragraph 43 of this Regulation, the provider of legal aid shall submit the notice (Annex 2) and a copy of the procedural document added thereto to the Administration within two months after the day of drawing up of the respective procedural document.

48. In order for the expenses referred to in Sub-paragraphs 35.1 and 35.2, as well as in Paragraph 36 of this Regulation to be covered, the provider of legal aid shall indicate in the notice on provision of State-ensured legal aid in civil matters, administrative matters and cross-border dispute matters (Annex 1) or the notice (Annex 2) the total distance travelled in kilometres - the distance from the place of practice of the provider of legal aid to the place of provision of legal aid and back in accordance with the distances between populated areas in Latvia indicated in Annex 3 to this Regulation.

[11 December 2012]

49. If the place of provision of legal aid (respective populated area) is not included in Annex 3 to this Regulation, in order for the expenses referred to in Sub-paragraphs 35.1 and 35.2, as well as in Paragraph 36 of this Regulation to be covered, the provider of legal aid shall indicate in the notice on provision of State-ensured legal aid in civil matters, administrative matters and cross-border dispute matters (Annex 1) or the notice (Annex 2) the total distance travelled in kilometres - the actual distance from the place of practice of the provider of legal aid to the place of provision of legal aid and back in accordance with the control device (measuring device) installed in the vehicle for measuring the number of kilometres travelled.

[11 December 2012]

50. In order for the expenses referred to in Sub-paragraphs 35.1, 35.2 and 35.3 of this Regulation to be covered, the provider of legal aid shall add to the notice on provision of State-ensured legal aid in civil matters, administrative matters and cross-border dispute matters (Annex 1) or the notice (Annex 2) original documents certifying travelling (transport) expenses and hotel (accommodation) expenses.

[11 December 2012]

51. Within two months after the Administration has received a fully and correctly completed notice on provision of State-ensured legal aid in civil matters, administrative matters and cross-border dispute matters (Annex 1) or the notice (Annex 2), the Administration shall transfer the payment to an account in a credit institution indicated by the provider of legal aid.

[11 December 2012]

51.1 The provider of legal aid may submit to the Administration, in accordance with the procedures laid down in this Regulation, the notice on provision of State-ensured legal aid in civil matters, administrative matters and cross-border dispute matters (Annex 1) or the notice (Annex 2) and the documents to be added thereto electronically, drawing them up in accordance with the laws and regulations regarding drawing up and circulation of electronic documents, if such documents conform to the requirements laid down in this Regulation for completion and drawing up of documents.

[11 December 2012]

52. If the Administration establishes that copies of accordingly prepared documents or other information regarding the performance of a task is necessary to decide an issue concerning the payment for legal aid referred to Paragraphs 9 and 28 of this Regulation, the Administration shall inform the provider of legal aid within 10 working days or, considering the date set for the hearing, within a shorter time period.

[27 September 2011; 28 June 2016]

53. The provider of legal aid shall, within 10 working days after receiving the request of the Administration or within the time period set by the Administration, submit to the Administration copies of the prepared documents referred to Paragraphs 9 and 28 of this Regulation or provide other necessary information regarding the performance of a task.

[27 September 2011; 28 June 2016]

54. Payment to be made in accordance with the notice on provision of State-ensured legal aid in civil matters, administrative matters and cross-border dispute matters (Annex 1) or the notice (Annex 2) referred to in Paragraph 51 of this Regulation shall be suspended until receipt of all the document copies or information referred to in Paragraph 52 of this Regulation.

[11 December 2012]

55. If the Administration establishes that the notice on provision of State-ensured legal aid in civil matters, administrative matters and cross-border dispute matters (Annex 1) or the notice (Annex 2) is not completed fully and correctly in accordance with this Regulation, the Administration shall return the respective report to the provider of legal aid for correction of errors or completion or, if necessary, it shall request additional information and inform the judge or person directing the proceedings involved in the particular matter thereof. If the Administration establishes errors in calculations, it shall recalculate the amount of payment and transfer the calculated amount within two months to an account in a credit institution indicated by the provider of legal aid. If necessary, the provider of legal aid, the recipient of legal aid and the judge or person directing the proceedings involved in the particular matter shall be informed regarding the recalculation.

[11 December 2012]

55.1 In the case referred to in Paragraph 55 of this Regulation, within 10 working days after the completing the notice on the provision of the State-ensured legal aid in civil matters, administrative matters, and cross-border dispute matters (Annex 1) and the notice (Annex 2) and the correction of errors, the provider of legal aid shall submit the relevant updated notice to the Administration, but the copy of the updated notice (Annex 2) - to the person directing the proceedings involved in the relevant matter for adding to the materials of the matter.

[3 January 2017]

VIII. Closing Provisions

56. Cabinet Regulation No. 1068 of 22 December 2008, Regulations Regarding the Amount of State-ensured Legal Aid, Amount of Payment, Reimbursable Expenses and Procedures for Payment thereof (Latvijas Vēstnesis, 2008, No. 202), is repealed.

57. In order to receive payment for legal aid provided before 31 December 2009, the provider of legal aid shall submit the notice on provision of State-ensured legal aid in civil matters, administrative matters and cross-border dispute matters (Annex 1) or the notice (Annex 2) to the Administration until 1 March 2010, and the Administration shall transfer to the provider of legal aid, in accordance with the procedures laid down in this Regulation, the payment for legal aid and other expenses related to provision of legal aid in accordance with the types of State-ensured legal aid and the amount of payment laid down in Cabinet Regulation No. 1068 of 22 December 2008, Regulations Regarding the Amount of State-ensured Legal Aid, Amount of Payment, Reimbursable Expenses and Procedures for Payment thereof.

58. Payment for legal aid provided before 31 December 2013 and other expenses related to provision of legal aid shall be transferred by the Administration to the provider of legal aid in accordance with the legal order laid down in this Regulation until 31 December 2013.

[11 December 2012]

58.1 In order to receive payment for legal aid provided before 31 December 2012, the provider of legal aid shall complete a notice on provision of State-ensured legal aid in accordance with the legal order of this Regulation that was in force until 31 December 2012, and shall submit the notice to the Administration until 1 March 2013. The Administration shall transfer payment, in accordance with the provisions of this Regulation, for legal aid and other expenses related to the provision of legal aid to the provider of legal aid in accordance with the legal order of this Regulation that was in force until 31 December 2012.

[11 December 2012]

59. From 1 January 2010 to 31 December 2013, the payment determined in Paragraph 9 of this Regulation to the provider of legal aid shall be covered in the following amount:

59.1. for the legal aid referred to in Sub-paragraph 9.1 of this Regulation - LVL 7 per hour;

59.2. for the legal aid referred to in Sub-paragraph 9.2 of this Regulation - LVL 10;

59.3. for the legal aid referred to in Sub-paragraph 9.3 of this Regulation - LVL 20;

59.4. for the legal aid referred to in Sub-paragraph 9.4 of this Regulation - LVL 30;

59.5. for the legal aid referred to in Sub-paragraph 9.6 of this Regulation LVL 10;

59.6. for the legal aid referred to in Sub-paragraph 9.7 of this Regulation - LVL 10 per hour;

59.7. for the legal aid referred to in Sub-paragraph 9.8 of this Regulation - LVL 5.

[11 December 2012]

60. Sub-paragraph 9.5 of this Regulation shall come into force on 1 January 2014.

[11 December 2012]

60.1 From 1 January 2014 to 31 December 2014, the payment referred to in Paragraph 9 of this Regulation to the provider of legal aid shall be covered in the following amount:

60.1 1. for the legal aid referred to in Sub-paragraph 9.1 of this Regulation - EUR 14.23 per hour;

60.1 2. for the legal aid referred to in Sub-paragraph 9.2 of this Regulation - EUR 25.61;

60.1 3. for the legal aid referred to in Sub-paragraph 9.3 of this Regulation - EUR 31.30;

60.1 4. for the legal aid referred to in Sub-paragraph 9.4 of this Regulation - EUR 42.69;

60.1 5. for the legal aid referred to in Sub-paragraph 9.5 of this Regulation - EUR 19.92;

60.1 6. for the legal aid referred to in Sub-paragraph 9.6 of this Regulation - EUR 18.50;

60.1 7. for the legal aid referred to in Sub-paragraph 9.7 of this Regulation - EUR 18.50 per hour;

60.1 8. for the legal aid referred to in Sub-paragraph 9.8 of this Regulation - EUR 10.67.

[3 December 2013]

60.2 From 1 January 2015 to 30 April 2015, the payment referred to in Paragraph 9 of this Regulation to the provider of legal aid shall be covered in the following amount:

60.2 1. for the legal aid referred to in Sub-paragraph 9.1 of this Regulation - EUR 17.07 per hour;

60.2 2. for the legal aid referred to in Sub-paragraph 9.2 of this Regulation - EUR 28.46;

60.2 3. for the legal aid referred to in Sub-paragraph 9.3 of this Regulation - EUR 34.15;

60.2 4. for the legal aid referred to in Sub-paragraph 9.4 of this Regulation - EUR 44.11;

60.2 5. for the legal aid referred to in Sub-paragraph 9.5 of this Regulation - EUR 22.77;

60.2 6. for the legal aid referred to in Sub-paragraph 9.6 of this Regulation - EUR 22.77;

60.2 7. for the legal aid referred to in Sub-paragraph 9.7 of this Regulation - EUR 22.77 per hour;

60.2 8. for the legal aid referred to in Sub-paragraph 9.8 of this Regulation - EUR 14.23.

[3 December 2013; 22 April 2015]

61. From 1 January 2010 to 31 December 2013, the payment determined in Sub-paragraphs 28.1, 28.3, 28.4, 28.5, 28.6, 28.7, 28.8 and 28.9 of this Regulation to the provider of legal aid shall be covered in the following amount:

61.1. [27 September 2011];

61.2. [27 September 2011];

61.3. for the legal aid referred to in Sub-paragraph 28.1 of this Regulation - LVL 10;

61.3.1 for the legal aid referred to in Sub-paragraph 28.2.1 of this Regulation - LVL 10;

61.4. for the legal aid referred to in Sub-paragraph 28.3 of this Regulation - LVL 20;

61.5. for the legal aid referred to in Sub-paragraph 28.4 of this Regulation - LVL 30;

61.6. for the legal aid referred to in Sub-paragraph 28.5 of this Regulation - LVL 10;

61.7. for the legal aid referred to in Sub-paragraph 28.6 of this Regulation - LVL 10 per hour;

61.8. for the legal aid referred to in Sub-paragraph 28.7 of this Regulation - LVL 10 per hour;

61.9. for the legal aid referred to in Sub-paragraph 28.8 of this Regulation - LVL 10 per hour;

61.10. for the legal aid referred to in Sub-paragraph 28.9 of this Regulation - LVL 5.

[27 September 2011; 11 December 2012]

62. Sub-paragraph 28.2 and Paragraph 29 of this Regulation shall come into force on 1 January 2014.

[11 December 2012]

62.1 From 1 January 2014 to 31 December 2014, the payment determined in Paragraph 28 of this Regulation to the provider of legal aid shall be covered in the following amount:

62.1 1. for the legal aid referred to in Sub-paragraph 28.1 of this Regulation - EUR 21.34;

62.1 2. for the legal aid referred to in Sub-paragraph 28.2 of this Regulation - EUR 19.92;

62.1 3. for the legal aid referred to in Sub-paragraph 28.2.1 of this Regulation - EUR 19.92;

62.1 4. for the legal aid referred to in Sub-paragraph 28.3 of this Regulation - EUR 49.80;

62.1 5. for the legal aid referred to in Sub-paragraph 28.4 of this Regulation - EUR 71.14;

62.1 6. for the legal aid referred to in Sub-paragraph 28.5 of this Regulation - EUR 18.50;

62.1 7. for the legal aid referred to in Sub-paragraph 28.6 of this Regulation - EUR 18.50 per hour;

62.1 8. for the legal aid referred to in Sub-paragraph 28.7 of this Regulation - EUR 18.50 per hour;

62.1 9. for the legal aid referred to in Sub-paragraph 28.8 of this Regulation - EUR 18.50 per hour;

62.1 10. for the legal aid referred to in Sub-paragraph 28.9 of this Regulation - EUR 10.67;

[3 December 2013]

62.2 From 1 January 2014 to 31 December 2014, the State shall pay EUR 7.11 to the provider of legal aid for the legal aid referred to in Paragraph 29 of this Regulation.

[3 December 2013]

62.3 From 1 January 2015 to 30 April 2015, the payment referred to in Paragraph 28 of this Regulation to the provider of legal aid shall be covered in the following amount:

62.3 1. for the legal aid referred to in Sub-paragraph 28.1 of this Regulation - EUR 35.57;

62.3 2. for the legal aid referred to in Sub-paragraph 28.2 of this Regulation - EUR 27.03;

62.3 3. for the legal aid referred to in Sub-paragraph 28.2.1 of this Regulation - EUR 22.77;

62.3 4. for the legal aid referred to in Sub-paragraph 28.3 of this Regulation - EUR 56.91;

62.3 5. for the legal aid referred to in Sub-paragraph 28.4 of this Regulation - EUR 71.14;

62.3 6. for the legal aid referred to in Sub-paragraph 28.5 of this Regulation - EUR 22.77;

62.3 7. for the legal aid referred to in Sub-paragraph 28.6 of this Regulation - EUR 22.77 per hour;

62.3 8. for the legal aid referred to in Sub-paragraph 28.7 of this Regulation - EUR 22.77 per hour;

62.3 9. for the legal aid referred to in Sub-paragraph 28.8 of this Regulation - EUR 22.77 per hour;

62.3 10. for the legal aid referred to in Sub-paragraph 28.9 of this Regulation - EUR 14.23;

[3 December 2013; 22 April 2015]

62.4 From 1 January 2015 to 30 April 2015, the State shall pay EUR 9.96 to the provider of legal aid for the legal aid referred to in Paragraph 29 of this Regulation.

[3 December 2013; 22 April 2015]

62.5 Payment for legal aid provided before 31 December 2014 and other expenses related to provision of legal aid shall be transferred by the Administration to the provider of legal aid in accordance with the legal order laid down in this Regulation until 31 December 2014.

[3 December 2013]

62.6 Payment for legal aid provided before 30 April 2015 and other expenses related to provision of legal aid shall be transferred by the Administration to the provider of legal aid in accordance with the legal order laid down in this Regulation until 30 April 2015.

[3 December 2013; 22 April 2015]

63. In order to receive payment for legal aid provided in the cases and in accordance with the procedures laid down in Paragraph 9 of the Transitional Provisions of the State-ensured Legal Aid Law, the provider of legal aid shall draw up a notice on carrying out the assignment of the Administration in accordance with the procedures laid down in this Regulation and shall submit it to the Administration, and the Administration shall, accordance with the procedures laid down in this Regulation, transfer to the provider of legal aid in accordance with the procedures laid down in this Regulation the payment for legal aid and other expenses related to provision of legal aid according to the types of payable State-ensured legal aid and amounts of payment in administrative matters and civil matters laid down in this Regulation.

63.1 In private prosecution cases undergoing legal proceedings the State shall ensure legal aid in the amount, and shall pay to the provider of legal aid for provision of legal aid and cover reimbursable expenses in the amount and in accordance with the procedures laid down in the legal order that was in force until 30 September 2011.

[27 September 2011]

63.2 Payment for legal aid provided before 1 July 2016 and other expenses related to provision of legal aid shall be transferred by the Administration to the provider of legal aid in accordance with the legal order laid down in this Regulation until 1 July 2016.

[28 June 2016]

63.3 Payment for legal aid provided before 31 March 2018 and other expenses related to provision of legal aid shall be transferred by the Administration to the provider of legal aid in accordance with the legal order laid down in this Regulation until 31 March 2018.

[27 March 2018]

64. This Regulation shall come into force on 1 January 2010.

Prime Minister V. Dombrovskis

Minister for Justice M. Segliņš

 

Annex 1
Cabinet Regulation No. 1493
22 December 2009

[27 March 2018]

Notice on Provision of State-ensured Legal Aid in Civil Matters, Administrative Matters and Cross-border Dispute Matters

(form shall be completed in capital letters)

Submitted in accordance with   .   . 2 0   . Number of the appointment or decision of the Legal Aid Administration                      
  .   . 2 0   . State Border Guard invitation
  (dd/mm/yyyy)  

Given name, surname of the provider of legal aid  
Given name, surname of the recipient of legal aid Personal identity number (if no personal identity number is available, indicate the date of birth) Place of residence/location Telephone number (if any)
                             

Number of the civil matter/administrative matter/cross-border dispute matter and subject of the dispute                        

Type of legal aid Date Time Payment (euro) (hour/volume/ procedural document1, 2) Amount (number of hours/procedural documents/volumes) Amount (euro)
from ____ until ____ oclock
Legal consultation1, 2       20    
         
         
Drawing up of a procedural document - statement of claim, an application for initiation of proceedings, a creditors claim in insolvency proceedings, a counterclaim, an ancillary complaint or a settlement   x x 50    
  x x    
  x x    
Drawing up of an appellate complaint   x x 65    
Drawing up of a cassation complaint   x x 80    
Drawing up of a document necessary for settling a matter for which the content requirements are laid down in laws and regulations and for the preparation of which legal knowledge is necessary (for example, opinion or explanations (except for a document for requesting information and the documents referred to in Sub-paragraphs 9.2, 9.3, and 9.4 of this Regulation))   x x 25    
  x x    
  x x      
Drawing up an addition to a statement of claim, an application for initiation of proceedings, a creditors claim in insolvency proceedings, a counterclaim, an ancillary complaint, a settlement, an appellate or cassation complaint   x x 25    
Representation at a court sitting3       40    
         
         
Studying of the materials of a matter in a court4   x x 20    
Notes.
1 If, following an appointment by the Legal Aid Administration in a civil matter, administrative matter, cross-border dispute matter, or in an administrative matter in the cases and according to the procedures laid down in the Asylum Law and the Immigration Law, the legal consultation has been provided in the place of residence or location of the recipient of legal aid, payment shall be determined at a double hourly rate (Paragraph 13 of Cabinet Regulation No. 1493 of 22 December 2009, Regulations Regarding the Amount of State-ensured Legal Aid, the Amount of Payment, Reimbursable Expenses and the Procedures for Payment Thereof (hereinafter - Cabinet Regulation)).
2 If the recipient of legal aid fails to attend or notify regarding non-attendance in a timely manner, payment shall be determined for maximum of one hour of legal consultation in the amount of 50% (Paragraph 19 of Cabinet Regulation).
3 For representation of two or more persons at a court sitting in one civil matter, administrative matter or cross-border dispute matter, payment shall be determined in the amount of 65% from payment for representation of one person at a court sitting (Paragraph 17 of Cabinet Regulation).
4 For studying one volume of materials of a civil or administrative matter in court, if two or more persons are represented in one civil matter, administrative matter or cross-border dispute matter, payment for each person shall be determined in the amount of 65 % from payment for studying one volume of materials of a civil, administrative or cross-border dispute matter in court within the scope of one court instance (Paragraph 17.1 of Cabinet Regulation).
5 VAT rate according to the Value Added Tax Law.
Total (exclusive of VAT)  
VAT 5  
Total amount (1)  

Details of the certifier of the notice
name of the court/institution given name, surname, and position of the certifier of the notice telephone number signature
       

Travelling (transport) expenses and hotel (accommodation) expenses according to documents certifying expenses (receipts, checks, original tickets) Date Route Distance (km)6 Fuel consumption (l) Price (1 litre) Amount (euro)
from to
Make, model and year of the personal vehicle              
Public transport       x x x  
Hotel (accommodation)   x x x x x  
Time spent on the road x       x x  
Note.
6 Complete in accordance with Annex 3 to Cabinet Regulation or in accordance with the control device (measuring device) installed in the vehicle for measuring the number of kilometres travelled, if legal aid is provided outside of the place of practice of the provider of legal aid (Paragraphs 48 and 49 of Cabinet Regulation).
Total amount (2)  
Total amount of payment (1 + 2)  

Title of the document, institution or official to which the document has been submitted or is to be submitted
Assessment of the matter/issue of the provider of legal aid:

Information regarding the legal aid provided and amount of legal aid necessary in future

Assessment of the matter, including the analysis of specific facts and legal assessment regarding the further development of the matter
Appended
(receipts, checks, original tickets or copies of drawn-up procedural documents)

Date Signature of the recipient of legal aid Signature of the provider of legal aid
     

 

Annex 2
Cabinet Regulation No. 1493
22 December 2009

[27 March 2018]

Notice On Provision of State-ensured Legal Aid in Criminal Proceedings

(form shall be completed in capital letters)

Matter number Details of the provider of legal aid
                      given name, surname personal identity number address of the place of practice telephone, e-mail
                -              

Details of the provider of legal aid and bank details1
recipient of the payment (given name, surname or name of office) registration number VAT payers number name of the credit institution account number
                                                 
Note.
1 To be filled in if the notice is submitted to the Legal Aid Administration for the first time or if the details previously submitted to the Legal Aid Administration have changed.

Details of the recipient of legal aid
given name, surname personal identity number procedural status justification of the invitation (legal basis and the date of appointment of the elder of the sworn advocates of the relevant court operation territory or the date of duty of the duty schedule)
1.             -             Sections 80, 104, 108 of the Criminal Procedure Law,

date of appointment

...

Sections 81, 104, 108 of the Criminal Procedure Law,

date of duty

...

2.             -            
3.             -            

Type of legal aid Date Time Payment (euro)
(hour/volume/procedural document/legal consultation)
Amount
(number of hours/procedural documents)
Amount (euro)
from ____ until ____ o'clock
Drawing up of a written application for the injured person for compensation of harm   x x 50    
Drawing up of a written complaint concerning the actions or decisions of the official performing the criminal proceedings, and application (change or revocation) of a procedural compulsory measure   x x 50    
  x x    
  x x    
Drawing up of a document required for adjudication of the matter in a written procedure (objection or explanation)   x x 25    
Drawing up of an appellate complaint   x x 85    
Drawing up of a cassation complaint   x x 100    
Drawing up of an addition to a written complaint concerning the actions or decisions of the official performing the criminal proceedings, and application (change or revocation) of a procedural compulsory measure, or to an appellate complaint or cassation complaint   x x 25    
Representation or defence in pre-trial proceedings2       30    
         
Legal consultation connected with the relevant procedural action3, 4   x x 20    
  x x    
Representation or defence at a court sitting5       40    
         
Legal consultation connected with the relevant court sitting3, 4   x x 20    
  x x    
Provision of legal aid to a suspect or accused person at a court sitting when deciding the issue of application of a security measure2       30    
Legal consultation connected with the relevant court sitting3, 4   x x 20    
Studying one volume of materials of a criminal matter in court within the scope of one court instance (inter alia, when deciding the issue of application of a security measure in court)6   x x 20    
Total (exclusive of VAT)  
VAT7  
Total amount (1)  

Notes.
2 Legal aid on Saturdays, Sundays, holidays, working days between 8 p.m. and 8 a.m. - payment shall be determined at a double hourly rate (Paragraph 32 of Cabinet Regulation No. 1493 of 22 December 2009, Regulations Regarding the Amount of State-ensured Legal Aid, the Amount of Payment, Reimbursable Expenses and the Procedures for Payment Thereof (hereinafter - Cabinet Regulation)).
3 Legal consultation related with the relevant procedural action in which representation or defence must be performed according to the Criminal Procedure Law, or with the court sitting.
4 Legal consultation provided on Saturdays, Sundays, public holidays working days between 8 p.m. and 8 a.m. - payment shall be determined at a double hourly rate (Paragraph 32 of Cabinet Regulation). Legal consultation at a deprivation of liberty institution - payment shall be determined at a double hourly rate (Paragraph 29.1 of Cabinet Regulation) without applying Paragraph 32 of Cabinet Regulation.
5 For defence or representation of two or more persons at a court sitting in one criminal proceeding, payment shall be determined in the amount of 65 % from payment for defence of one person at a court sitting (Paragraph 31 of Cabinet Regulation).
6 For studying one volume of materials of a criminal matter in court, if two or more persons are defended or represented within the scope of one criminal proceeding (including when deciding the issue of application of a security measure in court), payment for each person defended or represented shall be determined in the amount of 65 % from payment for studying one volume of materials of a criminal matter in court within the scope of one court instance (Paragraph 31.1 of Cabinet Regulation).
7 VAT rate according to the Value Added Tax Law.

Date Signature of the recipient of legal aid
   
   
   

Details of the certifier of the notice
name of the institution person directing the proceedings or person responsible for receipt of documents in the addressee institution (given name, surname. and position) telephone number signature
       

The elder of the sworn advocates who organises the work of providers of legal aid practising in the relevant court operation territory and draws up their duty schedule
court operation territory given name, surname telephone number date of approval signature
         

Travelling (transport) expenses and hotel (accommodation) expenses according to documents certifying expenses (receipts, checks, original tickets) Date Route Distance (km)8 Fuel consumption (l) Price (1 l) Amount (euro)
from to
Make, model and year of the personal vehicle              
Public transport       x x x  
Hotel (accommodation)   x x x x x  
Time spent on the road x       x x  
Total amount (2)  
Total amount of payment (1+2)  

Note. 8 Complete in accordance with Annex 3 to Cabinet Regulation or in accordance with the readings of the control device (measuring device) installed in the vehicle for measuring the number of kilometres travelled, if legal aid is provided outside of the place of practice of the provider of legal aid (Paragraphs 48 and 49 of Cabinet Regulation).

Appended
(receipts, checks, original tickets or copies of drawn-up procedural documents)

Date Signature of the provider of legal aid
   

 

In the wording submitted by the Ministry of Justice

Annex 3
Cabinet Regulation No. 1493
22 December 2009

Distances between Populated Areas in Latvia

Minister for Justice M. Segliņš


Translation © 2018 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 1493Adoption: 22.12.2009.Entry into force: 01.01.2010.Publication: Latvijas Vēstnesis, 206 (4192), 31.12.2009.
Language:
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