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 - the legal aid), the amount of payment and the reimbursable expenses related to the provision of legal aid, their amount and payment procedures.

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

2.1. for a legal consultation in Constitutional Court proceedings, civil cases, cross-border dispute cases, and administrative cases - for full hours;

2.2. for the provision of legal aid at a court hearing - representation in Constitutional Court proceedings, civil cases, cross-border dispute cases, and administrative cases and representation and defence in criminal proceedings - for full 30 minutes.

[11 December 2018]

3. If the legal aid provider is registered as the value added tax taxable person, the legal aid provider shall add the amount of value added tax laid down in the Value Added Tax Law to the amount of payment laid down in Paragraphs 8.¹, 9, and 28 of this Regulation.

[27 September 2011; 17 September 2013; 11 December 2018]

4. Other expenses related to the provision of legal aid which are determined in Paragraphs 35, 36, 36.¹ and 36.² of this Regulation shall not be taxable with personal income tax and subject to the mandatory State social insurance contributions in accordance with the law On Personal Income Tax and the law On State Social Insurance.

[11 December 2018]

II. Types of Legal Aid

4.¹ The State shall ensure the following legal aid in Constitutional Court proceedings:

4.¹ 1. legal counsel;

4.¹ 2. preparation of procedural documents;

4.¹ 3. provision of legal aid at a court hearing.

[11 December 2018]

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

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 cases:

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 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 cases:

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 hearing (including cases 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).

II.¹ Amount of Payment for the Legal Aid Provided in Constitutional Court Proceedings

[11 December 2018]

8.¹ The State shall pay the following amount to the legal aid provider for legal aid to one person in Constitutional Court proceedings:

8.¹ 1. for a provided legal consultation - EUR 40 per hour;

8.¹ 2. for examining the initial application and materials (for example, case law, materials of international organizations) if afterwards the legal aid provider has given an opinion that legal aid is unnecessary - EUR 140;

8.¹ 3. for drawing up a constitutional complaint (application), including examining the initial application and materials (for example, case law, materials of international organizations) - EUR 400;

8.¹ 4. for drawing up addenda to a constitutional complaint (application) - EUR 80;

8.¹ 5. for drawing up an opinion in the written procedure - EUR 200;

8.¹ 6. for examining one volume of case materials in court - EUR 40;

8.¹ 7. for the provision of legal aid at a court hearing - EUR 80 per hour.

[11 December 2018]

8.² The State shall cover expenses for the legal consultation referred to in Sub-paragraph 8.¹ 1 of this Regulation for maximum of five hours per matter.

[11 December 2018]

8.³ The State shall cover expenses for drawing up not more than three of the documents referred to in Sub-paragraphs 8.¹ 3, 8.¹ 4, and 8.¹ 5 of this Regulation per case.

[11 December 2018]

8.⁴ The State shall cover expenses for the provision of legal aid at a court hearing for maximum of 40 hours per case.

[11 December 2018]

8.⁵ Conditions of Paragraphs 14, 15, 16, 17, 17.¹, 18, 19, 20 and 21 of this Regulation shall apply to types of legal aid and amount of payment referred to in Constitutional Court procedures in accordance with the principle laid down in this Regulation for the calculation of the payment for the provided legal aid.

[11 December 2018]

8.⁶ If a legal aid provider provides a legal consultation to a person in prison by using a possibility of a return call to a public pay telephone at a prison, a payment in the amount of EUR 5 for the use of a premium rate telecommunication service shall be added to the fee for the legal consultation.

[20 June 2023]

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

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

9.1. for a provided legal consultation - EUR 30 per hour;

9.2. for drawing up a statement of claim, application for the commencement of proceedings, application of a creditor in insolvency proceedings, counterclaim, ancillary complaint or settlement - EUR 100;

9.3. for drawing up a notice of appeal - EUR 120;

9.4. for drawing up a cassation complaint - EUR 140;

9.5. for drawing up such a document necessary for settling a case 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, 9.4, and 9.9 of this Regulation)) - EUR 35;

9.6. for drawing up an addendum to the documents referred to in Sub-paragraphs 9.2, 9.3, and 9.4 of this Regulation - EUR 35;

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

9.8. for examining one volume of materials of a civil, administrative, or cross-border dispute case (volume up to 250 pages shall be considered as one volume) within one court instance - EUR 20;

9.9. for drawing up an application for the commencement of proceedings if the application should be prepared on a form approved by the Cabinet, and for drawing up a complaint regarding the decision of the judge referred to in the Medical Treatment Law - EUR 70.

[28 June 2016; 27 March 2018; 29 June 2021; 20 June 2023; 20 August 2024]

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

[29 June 2021]

10.¹ If a legal aid provider provides a legal consultation to a person in prison by using a possibility of a return call to a public pay telephone at a prison, a payment in the amount of EUR 5 for the use of a premium rate telecommunication service shall be added to the fee for each legal consultation.

[20 June 2023]

11. The State shall cover the expenses for drawing up not more than five of the documents referred to in Sub-paragraphs 9.2, 9.3, 9.4, 9.5, 9.6, and 9.9 of this Regulation per case.

[20 August 2024]

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

13. Payment to the legal aid provider shall be determined at a double hourly rate in compliance with the conditions of this Regulation if the legal aid provider, following an appointment by the Court Administration (hereinafter - the Administration) in a civil case, administrative case, cross-border dispute case, or in an administrative case following an invitation by a responsible institution in the cases and according to the procedures laid down by the Immigration Law or Asylum Law, 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, prison, accommodation centre for detained foreigners) of the legal aid recipient if the legal aid recipient is unable to arrive at the place of practice of the legal aid provider due to reasons beyond his or her control (for example, disability or health condition).

[5 December 2023]

13.¹ If a legal aid provider provides the legal aid provided for in Sub-paragraphs 9.1 and 9.7 of this Regulation in a case regarding provision of psychiatric assistance in a psychiatric medical treatment institution without the consent of a patient on Saturdays, Sundays, or public holidays, the payment shall be determined at a double hourly rate.

[20 June 2023]

14. For a legal aid provider who provides the legal consultation referred to in Sub-paragraph 9.1 of this Regulation simultaneously to two or more persons in one civil case, administrative case or cross-border dispute case, the 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 legal aid provider who has drawn up one of the documents referred to in Sub-paragraphs 9.2, 9.3, 9.4, 9.5, 9.6, and 9.9 of this Regulation on behalf of two or more persons in one civil case, administrative case or cross-border dispute case, the payment per document shall be calculated in the amount laid down in Sub-paragraphs 9.2, 9.3, 9.4, 9.5, 9.6, and 9.9 of this Regulation.

[20 August 2024]

16. If the legal aid referred to in Sub-paragraphs 9.1, 9.2, 9.3, 9.4, 9.5, 9.6, and 9.9 of this Regulation is provided simultaneously to two or more persons in one civil case, administrative case or cross-border dispute case, 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 legal aid recipient according to the type of legal aid granted.

[20 August 2024]

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

17.¹ For a legal aid provider who represents two or more persons in one civil case, administrative case or cross-border dispute case, the payment per person for examining one volume of materials of a civil, administrative or cross-border dispute case in court shall be calculated in the amount of 65 % of 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 the decision to provide legal aid as an exceptional measure or if legal aid is provided in an administrative case.

[11 December 2012; 28 June 2016]

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

[11 December 2018]

20. The time spent on ensuring the legal aid referred to in Sub-paragraph 9.7 of this Regulation in civil cases, administrative cases, or cross-border dispute cases shall include the time spent by the legal aid provider while waiting for the start of a court hearing at the time and place indicated until the time when the legal aid provider is informed of the postponement of the hearing due to reasons beyond the control of the legal aid provider or until the start of a court hearing if it is started with a delay. If a court hearing is postponed because of the legal aid recipient and it is established that he or she has failed to attend it without a justified reason or to notify the court of non-attendance in a timely manner, the Administration shall reduce the amount of the type of legal aid granted to the legal aid recipient in accordance with the procedures laid down in the State Ensured Legal Aid Law by the number of paid hours.

[11 December 2018]

21. The time referred to in Paragraph 20 of this Regulation shall be included in the time spent for ensuring legal aid.

[20 June 2023]

IV. Amount of Payment for the Legal Aid Provided to a Person for the 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 the Legal Aid Provided in Commenced Criminal Proceedings

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

28.1. for drawing up a written application for compensating the harm to the victim - EUR 50;

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

28.3. for drawing up the document required for the trial of the case in the 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 50;

28.4. for drawing up a notice of appeal - EUR 140;

28.5. for drawing up a cassation complaint - EUR 160;

28.6. for drawing up an addendum to the documents referred to in Sub-paragraphs 28.2, 28.4, and 28.5 of this Regulation - EUR 35;

28.7. for representation or defence during the stage of pre-trial proceedings - EUR 35 per hour;

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

28.9. for the provision of legal aid to a suspect or accused person at a court hearing when deciding the matter of applying a security measure - EUR 35 per hour;

28.10. for examining one volume of materials of a criminal case (volume up to 250 pages shall be considered as one volume) within one court instance (including when deciding the matter of applying a security measure in court) - EUR 20;

28.11. for the provision of legal aid to an accused person in the process of entering into an agreement during legal proceedings outside of a court hearing - EUR 30 per hour.

[28 June 2016; 27 March 2018; 29 June 2021; 20 June 2023; 20 August 2024]

29. If the legal aid provider provides a legal consultation in the cases referred to in Sub-paragraphs 28.7, 28.8, 28.9, and 28.11 of this Regulation which is related to the court hearing or to the relevant procedural action in which representation or defence must be provided according to the Criminal Procedure Law, EUR 20 shall be added to the amount of payment as payment for the provided legal consultation.

[29 June 2021]

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

[28 June 2016]

29.² If the legal aid provider provides a legal consultation, including in the cases referred to in Paragraph 30 of this Regulation, to a person in prison by using a possibility of a return call to a public pay telephone at a prison, the payment in the amount of EUR 5 for the use of a premium rate telecommunication service shall be added to the fee for each legal consultation.

[20 June 2023]

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 includes a legal consultation by the legal aid provider 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. If, after provision of the legal consultation, it is established that the drawing up of the procedural document referred to in Sub-paragraphs 28.3, 28.4, and 28.5 of this Regulation is not justified and appropriate, the payment in the amount of EUR 20 shall be made for the provision of the legal consultation or payment shall be determined at a double rate if such consultation is ensured at a prison.

[29 June 2021]

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

[11 December 2012; 28 June 2016]

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

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

32. If the legal aid provider provides the legal aid specified in Sub-paragraph 28.7 or 28.9 of this Regulation in criminal proceedings 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 a 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, 28.9, and 28.11 of this Regulation shall also include:

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

33.2. the time spent by the legal aid provider who has arrived at the indicated time and place while waiting for the start of a procedural action or a court hearing until the time when the legal aid recipient is informed of postponement of the hearing due to reasons beyond the control of the legal aid provider.

[28 June 2016; 29 June 2021]

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 abovementioned circumstances or performance of actions shall be confirmed by the person directing the proceedings by approving the notice on the provision of State-ensured legal aid in criminal proceedings (hereinafter - the 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, 28.10, and 28.11 of this Regulation and also the legal consultation in the process of drawing up the documents referred to in Sub-paragraphs 28.2, 28.3, 28.4, 28.5, and 28.6 of this Regulation is provided outside the State city, municipality rural territory, or territory of a city in which the place of practice of the legal aid provider is situated, his or her travel (transport) expenses and hotel (accommodation) expenses shall be covered from the State budget in the following amount:

35.1. if the legal aid provider uses his or her personal vehicle, the travel (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 legal aid provider uses public transportation (train or bus), travel (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; 29 June 2021]

36. If the legal aid referred to in Sub-paragraphs 9.1, 9.7, 9.8, 28.7, 28.8, 28.9, 28.10, and 28.11 of this Regulation and also the legal consultation in the process of drawing up the documents referred to in Sub-paragraphs 28.2, 28.3, 28.4, 28.5, and 28.6 of this Regulation is provided outside of a State city, municipality rural territory, or territory of a city in which the place of practice of the legal aid provider is situated, he or she shall, in addition to the expenses referred to in Paragraph 35 of this Regulation, be paid from the funds of the State budget for the time spent while travelling to the place of provision of legal aid and returning from it, based on the distance indicated by the legal aid provider in accordance with the procedures laid down in Paragraph 48 or 49 of this Regulation, in the following amount:

36.1. from 50 to 100 kilometres - EUR 10;

36.2. from 101 to 150 kilometres - EUR 15;

36.3. from 151 to 200 kilometres - EUR 20;

36.4. from 201 to 300 kilometres - EUR 30;

36.5. from 301 to 400 kilometres - EUR 40;

36.6. from 401 to 500 kilometres - EUR 50;

36.7. more than 500 kilometres - EUR 60.

[29 June 2021]

36.¹ If the legal aid referred to in Sub-paragraphs 8.¹ 1, 8.¹ 6, and 8.¹ 7 of this Regulation is provided outside of a republic city, municipality town or territory of a municipality in which the place of practice of the legal aid provider is situated, his or her travel (transport) expenses and hotel (accommodation) expenses shall be covered from the State budget in accordance with the conditions and amount referred to in this Chapter.

[11 December 2018]

36.² If the legal aid referred to in Sub-paragraphs 8.¹ 1, 8.¹ 6, and 8.¹ 7 of this Regulation is provided outside of a republic city, municipality town or territory of a municipality in which the place of practice of the legal aid provider is situated, he or she shall, in addition to the expenses referred to in Paragraph 36.¹ of this Regulation, be paid from the funds of the State budget for the time spent while travelling to the place of provision of legal aid and returning from it in accordance with the amount of payment laid down in Paragraph 36 of this Regulation.

[11 December 2018]

37. [27 March 2018]

38. In an administrative case, 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 the legal aid recipient communicates with the legal aid provider - maximum five hours per one case. Such expenses shall be covered by the authority 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 case 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 case, the Administration shall cover the expenses related to interpreting services and translation of documents, as well as the expenses related to the arrival of a person to court hearing (if necessary) according to the rates determined by the providers of such services.

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

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

[27 September 2011; 11 December 2012]

40.¹ In order to receive payment for the examination of case materials referred to in Sub-paragraphs 8.¹ 6, 9.8, and 28.10 of this Regulation, the legal aid provider shall make a note in the notice (Annexes 1, 2, and 4) as to the way in which he or she examined the case materials. The notice on the provision of State-ensured legal aid in criminal proceedings (Annex 2) shall be approved by the judge involved in the examination of the case, an employee of the relevant institution, or an employee appointed by the court president if the legal aid provider has examined the case materials on site at the court. If the legal aid provider has examined the case materials outside of the court, the legal aid provider shall make a note thereon in the notice, indicating the date when the case materials were examined and the number of volumes.

[20 June 2023]

40.² If the amount of case materials indicated in the notice is two or more volumes, a certification of the number of volumes in a particular case within the scope of one instance shall be provided by the manager of the Court Information System.

[20 June 2023]

41. The legal aid provider shall, not later than within three working days, submit the notice on the provision of State-ensured legal aid regarding the last court hearing in civil cases and cross-border dispute cases to the Administration, informing the court thereof. The judge involved in the examination of the case has the right to address the Administration in cases of uncertainty.

[20 June 2023]

41.¹ In order 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 in accordance with the procedures laid down in the Asylum Law or the Immigration Law, the legal aid provider shall submit a notice (Annex 1) to the Administration.

[20 June 2023]

42. In order 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 legal aid provider shall submit to the Administration the notice (Annex 2) approved by the person directing the proceedings who is involved in the examination of the relevant case, an employee appointed by the court president if video conferencing is determined in the case, or the person responsible for receipt of documents in the addressee institution, and the elder of the sworn advocates who organises the work of legal aid providers practising in the relevant court operation territory in criminal proceedings and draws up their duty schedule. In such cases, the person directing the proceedings who is involved in the examination of the relevant case, an employee appointed by the court president if video conferencing is determined in the case, or the person responsible for the receipt of documents in the addressee institution shall approve the notice immediately after receipt of the procedural document submitted by the legal aid provider and shall add a certified copy of the notice to case materials.

[3 January 2017]

42.¹ In order to receive payment for the provision of the legal aid referred to in Paragraph 8.¹ of this Regulation, the legal aid provider shall submit a notice (Annex 4) to the Administration.

[20 June 2023]

43. If the legal aid provider has prepared the procedural document referred to in Sub-paragraphs 9.2, 9.3, 9.4, 9.5, 9.6, 9.9, 28.1, 28.2, 28.3, 28.4, 28.5, and 28.6 of this Regulation on behalf of the legal aid recipient and has issued it to the legal aid recipient, and it has not been submitted to the person directing the proceedings or the institution of the addressee and has not been sent by mail due to reasons beyond the control of the legal aid provider, the legal aid provider shall, in order to receive payment for the provision of the relevant legal aid, submit to the Administration the notice on the provision of State-ensured legal aid in civil cases, administrative cases, and cross-border dispute cases (Annex 1) or the notice (Annex 2), adding a copy of the accordingly prepared procedural document thereto.

[20 August 2024]

44. In order to receive payment for the provision of the legal aid referred to in Sub-paragraphs 28.7, 28.8, 28.9, 28.10, and 28.11 of this Regulation, the legal aid provider shall submit to the Administration the notice (Annex 2) approved by the person directing the proceedings who is involved in the examination of the relevant case or an employee appointed by the court president if video conferencing is determined in the case, and the elder of the sworn advocates who organises the work of legal aid providers 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 the notice approved by the person directing the proceedings shall be added to materials of the criminal case.

[20 June 2023]

44.¹ If the elder of the sworn advocates who organises the work of legal aid providers 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 who is involved in the relevant case thereof within three working days.

[3 January 2017]

45. The notice referred to in Paragraph 40 of this Regulation on the provision of State-ensured legal aid in civil cases, administrative cases, and cross-border dispute cases (Annex 1) shall be submitted by the legal aid provider to the Administration not later than 10 working days after full or partial performance of the task assigned by the Administration. If a hearing has been set in a civil case or cross-border dispute case, the legal aid provider shall submit the abovementioned notice to the Administration not later than 10 working days before the relevant hearing.

[20 June 2023]

46. The legal aid provider shall submit the 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 40.¹, 42, and 44 of this Regulation.

[20 June 2023]

47. In the case referred to in Paragraph 43 of this Regulation, the legal aid provider 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 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 legal aid provider shall indicate in the notice on the provision of State-ensured legal aid in civil cases, administrative cases, and cross-border dispute cases (Annex 1) or the notice (Annex 2) the total distance travelled in kilometres - the distance from the place of practice of the legal aid provider 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, the legal aid provider shall, 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, indicate in the notice on the provision of State-ensured legal aid in civil cases, administrative cases, and cross-border dispute cases (Annex 1) or the notice (Annex 2) the total distance travelled in kilometres - the actual distance from the place of practice of the legal aid provider 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 Paragraph 35 of this Regulation to be covered, the legal aid provider shall add electronic copies to the notice on the provision of State-ensured legal aid in civil cases, administrative cases, and cross-border dispute cases (Annex 1) and the notice on the State-ensured legal aid in Constitutional Court proceedings (Annex 4) or original documents to the notice on the provision of State-ensured legal aid in criminal proceedings (Annex 2) certifying travel (transport) expenses and hotel (accommodation) expenses.

[20 June 2023]

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

[11 December 2012]

51.¹ The legal aid provider may, in accordance with the procedures laid down in this Regulation, submit to the Administration the notice on the provision of State-ensured legal aid in civil cases, administrative cases, and cross-border dispute cases (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 the drawing up and circulation of electronic documents if such documents conform to the requirements for completion and drawing up laid down in this Regulation.

[11 December 2012]

52. If the Administration establishes that copies of accordingly prepared documents or other information on the performance of a task is necessary to decide a matter concerning the payment for legal aid referred to Paragraphs 8.¹, 9, and 28 of this Regulation, it shall inform the legal aid provider within 10 working days or, considering the date set for the court hearing, within a shorter time period or request information from the legal aid recipient, the court, the person directing the proceedings, or the responsible institutions on the information indicated in the notice (Annexes 1, 2, and 4).

[20 June 2023]

53. The legal aid provider 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 the provision of State-ensured legal aid in civil cases, administrative cases, and cross-border dispute cases (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 submitted notice on the provision of State-ensured legal aid in civil cases, administrative cases, and cross-border dispute cases (Annex 1) or the notice (Annex 2) is not completed fully and correctly in accordance with this Regulation, the Administration shall return the respective notice to the legal aid provider for the elimination of errors or completion or, where necessary, it shall request additional information and inform the judge or person directing the proceedings who is involved in the particular case 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 legal aid provider. If necessary, the legal aid provider, the legal aid recipient, and the judge or person directing the proceedings who is involved in the particular case shall be informed of the recalculation.

[11 December 2012]

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

[3 January 2017]

55.² The conditions of Paragraphs 43, 48, 49, 50, 51, 51.¹, 52, 53, 54, 55, and 55.¹ of this Regulation that govern the procedures for the application, verification, updating, and payment of the notice shall apply to the payment procedures for the provision of legal aid in Constitutional Court proceedings for the application, certification, and verification of the notice on the State-ensured legal aid in Constitutional Court proceedings (Annex 4), and also for appending procedural documents thereto.

[11 December 2018]

55.³ The notice on the provision of the State-ensured legal aid in civil cases, administrative cases, and cross-border dispute cases (Annex 1) and the notice on the State-ensured legal aid in Constitutional Court proceedings (Annex 4) is submitted electronically on the website of the Administration and it shall not require an approval of the judge or an employee appointed by the relevant institution, or the court recorder of the Constitutional Court.

[20 June 2023]

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 the legal aid provided until 31 December 2009, the legal aid provider shall submit the notice on carrying out the assignment of the Administration (Annex 1) or the notice (Annex 2) to the Administration until 1 March 2010, and the Administration shall, in accordance with the procedures laid down in this Regulation, transfer to the legal aid provider the payment for legal aid and other expenses related to the 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 the legal aid provided before 31 December 2013 and other expenses related to the provision of legal aid shall be transferred by the Administration to the legal aid provider in accordance with the regulatory framework laid down in this Regulation until 31 December 2013.

[11 December 2012]

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

[11 December 2012]

59. Between 1 January 2010 and 31 December 2013, the payment determined in Paragraph 9 of this Regulation to the legal aid provider 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 Between 1 January 2014 and 31 December 2014, the payment referred to in Paragraph 9 of this Regulation to the legal aid provider 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 Between 1 January 2015 and 30 April 2015, the payment referred to in Paragraph 9 of this Regulation to the legal aid provider 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. Between 1 January 2010 and 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 legal aid provider 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 Between 1 January 2014 and 31 December 2014, the payment referred to in Paragraph 9 of this Regulation to the legal aid provider 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 Between 1 January 2014 and 31 December 2014, the State shall pay EUR 7.11 to the legal aid provider for the legal aid referred to in Paragraph 29 of this Regulation.

[3 December 2013]

62.³ Between 1 January 2015 and 30 April 2015, the payment referred to in Paragraph 9 of this Regulation to the legal aid provider 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 35.57;

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

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

[3 December 2013; 22 April 2015]

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

[3 December 2013]

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

[3 December 2013; 22 April 2015]

63. In order to receive payment for the 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 legal aid provider 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, in accordance with the procedures laid down in this Regulation, transfer to the legal aid provider the payment for legal aid and other expenses related to the provision of legal aid according to the payable types of the State-ensured legal aid and amounts of payment in administrative and civil cases laid down in this Regulation.

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

[27 September 2011]

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

[28 June 2016]

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

[27 March 2018]

63.⁴ Payment for the legal aid provided until 30 June 2021 and other expenses related to the provision of legal aid shall be transferred by the Administration to the legal aid provider in accordance with the regulatory framework laid down in this Regulation until 30 June 2021.

[29 June 2021]

63.⁵ The notices on the provision of the State-ensured legal aid in civil cases, administrative cases, and cross-border dispute cases (Annex 1) and the notices on the State-ensured legal aid in Constitutional Court proceedings (Annex 4) shall be completed in paper form and submitted to the Administration by 10 July 2023, in turn the notices shall be submitted electronically on the website of the Administration starting from 24 July 2023.

[20 June 2023]

63.⁶ Payment for the legal aid provided until 31 August 2024 and other expenses related to the provision of legal aid shall be transferred by the Administration to the legal aid provider in accordance with the regulatory framework laid down in this Regulation until 31 August 2024.

[20 August 2024]

64. The 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

[20 August 2024]

Notice on the Provision of State-Ensured Legal Aid in Civil Cases, Administrative Cases, and Cross-Border Dispute Cases

(form shall be completed in capital letters)

Notes.

¹ If, upon an appointment by the Court Administration, the legal consultation in a civil case, administrative case, cross-border dispute case, or in an administrative case in the cases and in accordance with the procedures laid down in the Asylum Law and the Immigration Law has been provided in the place of residence or location of the legal aid recipient, the 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 - the Cabinet Regulation)).

² If the recipient of legal aid fails to attend or notify of non-attendance in a timely manner, payment shall be determined as for maximum one hour of legal consultation in the amount of 50 % (Paragraph 19 of the Cabinet Regulation).

³ If a legal aid provider provides a legal consultation to a person in prison by using a possibility of a return call to a public pay telephone at a prison, a payment in the amount of EUR 5 for the use of a premium rate telecommunication service shall be added to the fee for each legal consultation (Paragraph 10.¹ of the Cabinet Regulation).

⁴ For the representation of two or more persons at a court hearing in one civil case, administrative case or cross-border dispute case, payment shall be determined in the amount of 65 % of payment for the representation of one person at a court hearing (Paragraph 17 of the Cabinet Regulation).

⁵ For examining one volume of materials of a civil or administrative case in court if two or more persons are represented in one civil case, administrative case or cross-border dispute case, payment for each person shall be determined in the amount of 65 % of payment for examining one volume of materials of a civil, administrative or cross-border dispute case in court within the scope of one court instance (Paragraph 17.¹ of the Cabinet Regulation).

⁶ If the case materials have been examined electronically outside of court, the legal aid provider shall make a note thereon in the notice, indicating the date when the case materials were examined and the number of volumes. In such case, a certification of the judge involved in the examination of the case, an employee of the relevant court, or an employee appointed by the court president that case materials have been examined is not necessary (Paragraph 41.¹ of the Cabinet Regulation).

⁷ VAT rate according to the Value Added Tax Law.

Note.

⁸ To be completed in accordance with Annex 3 to the 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 the legal aid is provided outside of the place of practice of the provider of legal aid (Paragraphs 48 and 49 of the Cabinet Regulation).

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 legal aid provider

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

Assessment of the case, including the analysis of specific facts and legal assessment on the further development of the case

Appended:

Annex 2
Cabinet Regulation No. 1493
22 December 2009

[20 August 2024]

Notice on the Provision of State-Ensured Legal Aid in Criminal Proceedings

(form shall be completed in capital letters)

Details of the recipient of legal aid

given name, surname

personal identity number

procedural status, procedure (mark as appropriate)

justification of the invitation (mark as appropriate)

1.

-

victim representative of the victim2

Criminal Procedure Law Sections 80, 83, 104, 108 date of appointment . . . Sections 81, 83, 104, 108 date of duty . . .

2.

-

person against whom criminal proceedings have been commenced

detained person accused person

suspect convicted person

3.

-

European arrest warrant other _________________________

Notes.

¹ Information on the legal aid provider and the credit institution shall be completed in each notice.

² If legal aid has been provided to the victim and the representative of the victim within the scope of one criminal proceeding, the payment shall be calculated as for the legal aid provided to one person.

³ Legal consultation on Saturdays, Sundays, holidays, working days between 8 p.m. and 8 a.m. - payment at double hourly rate (Paragraph 32 of the 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 - the Cabinet Regulation)). Legal consultation at a prison - double the amount of payment (Paragraph 29.¹ and 30 of the Cabinet Regulation) without applying Paragraph 32 of the Cabinet Regulation.

⁴ Legal aid 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 the Cabinet Regulation).

⁵ Legal consultation in connection with the relevant procedural action in which representation or defence must be provided according to the Criminal Procedure Law, or with the court hearing.

⁶ For the defence or representation of two or more persons at a court hearing in one criminal proceeding, the payment shall be determined in the amount of 65 % of the payment for defending each person at a court hearing (Paragraph 31 of the Cabinet Regulation).

⁷ If a legal consultation has been provided by using a possibility of a return call to a public pay telephone at a prison, payment in the amount of EUR 5 shall be added to the fee for the legal consultation (Paragraph 29.² of the Cabinet Regulation). Payment in the amount of EUR 5 shall be also added if, when preparing the procedural document, a legal consultation the amount of payment for which has been included in the drawing up of the procedural document has been provided.

⁸ For examining one volume of materials of a criminal case in court or electronically if two or more persons are defended or represented within the scope of one criminal proceeding (including when deciding the matter of applying a security measure in court), the payment for each person to be defended or represented shall be determined in the amount of 65 % of the payment for examining one volume of materials of a criminal case in court within the scope of one court instance (Paragraph 31.¹ of the Cabinet Regulation).

⁹ If case materials have been examined electronically outside of the court, the legal aid provider shall make a note thereon in the notice, indicating the date when the case materials were examined and the number of volumes. In such case, a certification of the judge involved in the examination of the case, an employee of the relevant court, or an employee appointed by the court president that the case materials have been examined is not necessary (Paragraph 41.¹ of the Cabinet Regulation).

¹⁰ VAT rate according to the Value Added Tax Law.

Note.

¹¹ To be completed in accordance with Annex 3 to the 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 the legal aid is provided outside of the place of practice of the provider of legal aid (Paragraphs 48 and 49 of the Cabinet Regulation).

Appended:

Annex 3
Cabinet Regulation No. 1493
22 December 2009

[29 June 2021]

Distance between the Largest Cities of Latvia

Annex 4
Cabinet Regulation No. 1493
22 December 2009

[5 December 2023]

Notice On Provision of State-Ensured Legal Aid in Constitutional Court Proceedings

(Form shall be completed in capital letters)

Notes.

¹ Maximum of five hours per case in accordance with Paragraph 8.² 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 - the Cabinet Regulation).

² If a legal aid provider provides a legal consultation to a person in prison by using a possibility of a return call to a public pay telephone at a prison, a payment in the amount of EUR 5 for the use of a premium rate telecommunication service shall be added to the fee for each legal consultation (Paragraph 8.⁶ of the Cabinet Regulation).

^{3, 4, 5} No more than three procedural documents.

⁶ Maximum of 40 hours per case in accordance with Paragraph 8.⁴ of the Cabinet Regulation.

⁷ VAT rate according to the Value Added Tax Law.

Note.

⁸ To be completed in accordance with Annex 3 to the Cabinet Regulation or in accordance with the control device (measuring device) installed in the vehicle for measuring the number of kilometres travelled if the legal aid is provided outside of the place of practice of the legal aid provider (Paragraphs 48, 49, and 55.² of the Cabinet Regulation).

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 legal aid provider

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

Assessment of the matter, including the analysis of specific facts and legal assessment on the further development of the matter

Appended

Translation © 2025 Valsts valodas centrs (State Language Centre)