The translation of this document is outdated.
Translation validity: 16.10.2023.–07.10.2024.
Amendments not included:
12.09.2024.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
16 December 2010 [shall
come into force on 1 January 2011];
16 December 2010 [shall come into force on 30 December
2010];
15 November 2012 [shall come into force on 1 January
2013];
13 December 2012 [shall come into force on 11 January
2013];
22 May 2014 [shall come into force on 18 June
2014];
3 November 2016 [shall come into force on 29 November
2016];
22 June 2017 [shall come into force on 19 July
2017];
7 March 2019 [shall come into force on 4 April
2019];
24 October 2019 [shall come into force on 20 November
2019];
30 January 2020 [shall come into force on 25 February
2020];
5 November 2020 [shall come into force on 1 December
2020];
11 February 2021 [shall come into force on 9 March
2021];
6 May 2021 [shall come into force on 4 June 2021];
23 September 2021 [shall come into force on 1 January
2023];
15 September 2022 [shall come into force on 11 October
2022];
6 October 2022 [shall come into force on 1 January
2023];
6 October 2022 [shall come into force on 3 November
2022];
14 September 2023 [shall come into force on 16 October
2023].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following law:
National Guard of the Republic of
Latvia Law
Chapter I
General Provisions
Section 1. Purpose and Scope of
Application of the Law
(1) The purpose of the Law is to involve the citizens of
Latvia in State defence.
(2) The Law prescribes the tasks and structure of the National
Guard of the Republic of Latvia (hereinafter - the National
Guard) and the course of service of national guardsmen.
Section 2. National Guard and Its
Place in the State Defence System
The National Guard is a component of the National Armed
Forces, the objective of which is to involve the citizens of
Latvia in the defence of the State territory and society and
which participates in the planning and execution of the State
defence tasks in accordance with the tasks determined in the
Law.
Section 3. Tasks of the National
Guard
The National Guard shall:
1) prepare the citizens of Latvia for service in the National
Guard and train the National Guard personnel;
2) execute State defence tasks;
3) in accordance with the procedures laid down in laws and
international agreements, participate in international operations
and rapid reaction forces;
4) participate in the provision of host nation support;
5) destroy explosive objects and perform blasting work;
6) participate in emergency, fire-fighting and rescue work and
measures for elimination of the consequences of events that have
caused emergency situations;
7) [22 May 2014];
8) provide support to State and local government institutions
in crime prevention, guaranteeing of public order and
security;
9) provide support to the information technologies security
incident prevention authorities;
10) provide support to the Cadet Force Centre in the
implementation of national defence training and the interest
education programme for youth guards.
[22 May 2014; 7 March 2019]
Section 4. Status of a National
Guardsman
(1) A national guardsman is a person who has given an oath of
the national guardsman, who has been awarded with a service rank,
and who performs service in the National Guard or a regular force
unit of the National Armed Forces according to the contract on
the service in the National Guard.
(2) A person shall acquire the status of a national guardsman
after giving of an oath and concluding a contract with the
Commander of the National Guard unit or the Authorised Commander
(Chief) of the National Armed Forces on the service in the
National Guard. Person's status of a national guardsman shall
lapse upon termination of the contract on the service in the
National Guard. The Minister for Defence shall determine the
content of the contract and the procedures by which the contract
shall be concluded and extended.
(3) Contract on the service in the National Guard shall be
concluded until the maximum age specified for the service in the
National Guard.
(4) [6 May 2021 / See Paragraph 17 of Transitional
Provisions]
(5) A national guardsman shall be issued with a service
identification document. The Cabinet shall determine the sample
of the service identification document and the procedures for the
issuance, use and returning thereof.
(6) In the case of mobilisation of national guardsmen, the
national guardsmen shall be included in the active service. The
procedures by which national guardsmen are included in the active
service in the case of mobilisation shall be determined by the
Minister for Defence.
(7) In the case of partial mobilisation of national guardsmen,
the guardsmen who are not mobilised may be subject to increased
readiness regime by the Cabinet decision. The procedures by which
the National Guard units are kept under the increased readiness
regime shall be determined by the Minister for Defence.
[6 May 2021; 6 October 2022]
Section 4.1 Exceptions in
Respect of Mobilisation of National Guardsmen and Being Subject
to Increased Readiness Regime
(1) The following persons shall not be subject to that laid
down in Section 4, Paragraphs six and seven of this Law:
1) an official of the Chancery of the President;
2) a member of the Saeima;
3) the Secretary General of the Saeima Administration
and an official specified by the Presidium of the
Saeima;
4) a Member of the European Parliament;
5) a European Commissioner;
6) a member of the Cabinet;
7) a State Secretary of a ministry;
8) the Director of the State Chancellery;
9) the Director General of the State Revenue Service;
10) the Treasurer;
11) the Ombudsman;
12) the President, Vice-president, and a member of the Council
of Latvijas Banka;
13) the Auditor General and a member of the Council of the
State Audit Office;
14) the Chairperson and a member of the Council of the
Financial and Capital Market Commission;
15) the Chairperson, the Vice-chairperson, and a member of the
National Electronic Mass Media Council;
16) the Chairperson and a member of the Council of the Public
Utilities Commission;
17) a judge of the Constitutional Court;
18) a judge of the Supreme Court;
19) a judge of a regional court;
20) a judge of a district (city) court;
21) an advocate assigned to a military court;
22) an employee of diplomatic and consular missions of the
Republic of Latvia abroad;
23) a member of a local government;
24) an executive director of a local government.
(2) Depending on the type, intensity, and nature of threat to
national security, the Cabinet may decide to apply the exceptions
referred to in this Section also to other officials and employees
of State and local government authorities or officials and
employees of bodies governed by public and private law who are
involved in the implementation of measures for overcoming threat
to national security or ensure continuity of operation of
critical infrastructure or critical financial services.
(3) The Cabinet shall determine the procedures by which the
exceptions are applied to the persons referred to in Paragraph
two of this Section in respect of the mobilisation and being
subject to increased readiness regime, and also the procedures by
which the National Guard is informed of the persons referred to
in Paragraphs one and two of this Section.
[6 October 2022]
Section 5. Oath of a National
Guardsman
(1) Upon commencing service in the National Guard, a citizen
of Latvia shall give the following oath:
"I, upon assuming duties of a national guardsman and
recognising responsibility to my nation and law, swear to be
faithful to the Republic of Latvia, the Constitution and lawful
government thereof, not sparing my strength, health and life to
defend the State of Latvia and its independence. I swear to
fulfil conscientiously the duties of a national guardsman, comply
unquestioningly with military discipline, always execute orders
and directions of my commanders in accordance with the laws of
the Republic of Latvia."
(2) The procedures for giving the oath and mutual relations
between national guardsmen, procedures for the performance of the
service in the National Guard and internal procedures of units
(subunits) shall be determined by the Minister for Defence.
[22 June 2017]
Section 6. Performance of the
National Guard Service
(1) Service in the National Guard shall include execution of
the National Guard tasks determined in the Law and training of a
national guardsman. A national guardsman shall perform service in
the National Guard in accordance with the laws and regulations
governing the National Guard service, orders of commanders,
contract on the service in the National Guard and other contracts
specified in this Law, which have been concluded with the
National Guard.
(11) Service in the National Guard shall be counted
in days. A day of execution of the service tasks or training
shall be considered as equal to:
1) eight hours during twenty-four-hour-term if the time spent
on execution of the National Guard tasks or training is at least
eight hours within a period of 24 hours;
2) eight hours in several days, if the time spent on execution
of the National Guard tasks or training is less than eight hours
within a period of 24 hours.
(12) Training of a national guardsman shall
include:
1) individual training which includes basic training,
qualification training, and career training;
2) collective training which includes a unit or sub-unit of
the armed forces, headquarters, combined, joint, and complex
training and exercises.
(2) In accordance with the contract on the service in the
National Guard, a national guardsman shall be involved in the
execution of the National Guard tasks and training for up to 30
days per year, but, if a national guardsman is sent to courses
specified by the Minister for Defence or performs the office
duties of a qualified specialist of the important profession
determined by the Minister for Defence in international or
national military training or drills - for up to 90 days per year
during free time, outside of regular employment or studies, as
well as in cases when, in accordance with the conditions of this
Law, a national guardsman is released from the regular employment
or studies.
(3) A national guardsman may also be involved in the execution
of the National Guard tasks and training for more than 30 days
per year:
1) if an emergency situation or state of exception is
declared;
2) with a consent of the national guardsman to the execution
of the service tasks specified by the Commander of the National
Guard or Authorised Commander (Chief) of the National Armed
Forces and to training;
3) in accordance with the conditions of this Law, concluding
an additional contract on the fulfilment of the duties of the
position specified by the Minister for Defence, related to combat
support or combat service support, or training and participation
of the national guardsman in an international operation or rapid
reaction forces;
4) for participation in combat readiness examinations which
are organised in accordance with the Cabinet decision;
5) in case of declaration of an enhanced mode of operation of
the border guarding system.
(4) An educational institution shall release a national
guardsman involved in the execution of the National Guard tasks
or training from training (studies), retaining the right to
continue training (studies) under the same conditions as before
the national guardsman was involved in the execution of the
National Guard tasks or training:
1) up to five working days per calendar year for the training
of the national guardsman;
2) up to five working days per calendar year for the execution
of the National Guard tasks;
3) if an emergency situation or state of exception is declared
- until revocation of the emergency situation or state of
exception;
4) up to one and a half years for participation in an
international operation or rapid reaction forces;
5) up to 72 hours once in two years - for participation in
combat readiness examinations which are organised in accordance
with the Cabinet decision;
6) in case of declaration of an enhanced mode of operation of
the border guarding system - until revocation of such mode of
operation.
(41) An employer shall release a national guardsman
involved in the execution of the National Guard tasks from the
fulfilment of work duties, without paying the remuneration, but
retaining the workplace (position):
1) up to five working days per calendar year for the execution
of the National Guard tasks;
2) if an emergency situation or state of exception is declared
- until revocation of the emergency situation or state of
exception;
3) up to one and a half years for participation in an
international operation or rapid reaction forces;
4) in the case of mobilisation of national guardsmen if state
of exception has not been declared - up to the day when the
Cabinet decision is no longer in effect;
5) up to 72 hours once in two years - for participation in
combat readiness examinations which are organised in accordance
with the Cabinet decision;
6) in case of declaration of an enhanced mode of operation of
the border guarding system - until revocation of such mode of
operation.
(42) An employer shall release a national guardsman
involved in the training of national guardsmen from the
fulfilment of work duties for up to five working days per
calendar year, retaining the workplace (position). The employer
may, in compliance with the provisions of the Labour Law,
disburse the employee a remuneration for the period spent in the
training of national guardsmen.
(43) The employer shall release a national
guardsman involved in the collective training of national
guardsmen from the fulfilment of work duties not longer than for
five consecutive working days once per calendar year, retaining
the workplace (position). The employer shall, in compliance with
the provisions of the Labour Law, disburse the employee a
remuneration for the period spent in the collective training of
national guardsmen.
(5) Special military training for those students of accredited
institutions of higher education, who perform service in the
National Guard, shall be carried out in accordance with the
procedures determined by the Cabinet.
(51) The procedures, by which a national guardsman
shall be sent to improve qualification in training or to a
military educational institution, or a unit of the National Armed
Forces, the tasks of which include implementation of adult
educational programmes, for acquisition of education necessary
for the fulfilment of respective service duties, and the
conditions and procedures for covering and reimbursing the
expenses related to improving qualification or training of a
national guardsman, as well as the cases when a national
guardsman shall not be reimbursed the expenses related to
improving of his or her qualification or training, shall be
determined by the Cabinet.
(6) A national guardsman shall inform the immediate commander
thereof, if circumstances have occurred, due to which the
national guardsman cannot be present for the execution of the
National Guard tasks or training.
(7) The Cabinet shall determine the procedures by which a
national guardsman shall be involved in the execution of the
National Guard tasks and training. The procedures by which the
National Guard is involved in the execution of the task referred
to in Section 3, Clause 9 of this Law shall be stipulated by the
Minister for Defence.
(8) While a national guardsman executes the National Guard
tasks, the requirements of the laws and regulations governing
employment legal relationships shall not apply thereto, except
for the norms laying down prohibition of differential treatment,
and the rights provided for pregnant women, breastfeeding women
and women during the period following childbirth up to one
year.
(9) A national guardsman who is subject to increased readiness
regime has an obligation:
1) during six hours since coming into force of the increased
readiness regime, to be accessible when the unit of the National
Guard is contacting the national guardsman by using his or her
official electronic address or phone number indicated by him or
her;
2) to stay in the Republic of Latvia or, if the national
guardsman is located outside the Republic of Latvia, to
immediately inform the unit of the National Guard of the
possibility to return and act in conformity with further
instructions of the National Guard.
[22 May 2014; 3 November 2016; 7 March 2019; 6 October
2022; 14 September 2023]
Section 7. Length of Service of a
National Guardsman
(1) Time of service in the National Guard shall be added to
the length of service of a national guardsman, if he or she has
participated in the execution of the National Guard tasks or
training for at least 20 days per year.
(2) The time when a national guardsman performs, in conformity
with the concluded contract, the position specified by the
Minister for Defence, related to combat support or combat service
support shall not be added to the length of service.
(3) The length of service of a national guardsman shall be
taken into account when a service rank is being awarded to the
national guardsman and when calculating the remuneration and
compensation: the coefficient 0.8 shall be applied to each year
of service.
(4) The coefficient laid down in Paragraph three of this
Section shall not be applied, if a national guardsman executes
service tasks in conformity with the contracts concluded
additionally on the training and participation in an
international operation or rapid reaction forces, or for the
fulfilment of the duties of an absent soldier - absent for more
than six months - (hereinafter - the long-term absence) or of a
vacant position in the National Armed Forces.
(5) When a reserve soldier joins the National Guard, the time
of service in the active service shall be included in the length
of service of a national guardsman.
[22 May 2014; 22 June 2017]
Section 8. Insignia of the National
Guard
(1) The National Guard and National Guard units have their
flags. The Minister for Defence shall determine the procedures by
which flags shall be made and used.
(2) Each National Guard unit shall have its own identifying
insignia.
[24 October 2019]
Section 9. Cooperation of the
National Guard with State and Local Government Institutions,
Private Individuals and Associations Thereof
(1) The National Guard, State and local government
institutions, private individuals and associations thereof shall
cooperate in the execution of the tasks determined in the
Law.
(2) Campaigns of political parties (movements) in the National
Guard are prohibited.
(3) The Cabinet shall determine the procedures by which the
National Guard shall provide support to State and local
government institutions in crime prevention, guaranteeing of
public order and security.
Chapter II
Structure and Management of the National Guard
Section 10. Management of the
National Guard
(1) Management of the National Guard shall be implemented by
the Commander of the National Guard, who shall be appointed to
position and released from position by the Cabinet according to
the proposal of the Minister for Defence.
(2) In the National Guard, the single command structure shall
be complied with.
Section 11. Commander of the
National Guard
(1) The Commander of the National Guard shall:
1) be responsible for the execution of the National Guard
tasks and organisation of service;
2) be responsible for the readiness of the units subordinate
thereto for combat and mobilisation, military training of the
personnel, military discipline and fulfilment of other
requirements;
3) ensure continuous management of the National Guard,
planning of tasks and control of execution thereof;
4) be responsible for timely submission of a request to the
Commander of the National Armed Forces for personnel, material,
technical and financial resources necessary for the execution of
tasks, and for lawful and effective use of the abovementioned
resources;
5) approve by-laws of the units subordinate thereto.
(2) The lawful orders and directions of the Commander of the
National Guard shall be mandatory for all national guardsmen,
soldiers of professional service who serve in the National Guard
and working civil employees.
(3) The Commander of the National Guard has the right to
request and receive from all State and local government
institutions information concerning issues related to the
execution of tasks of the National Guard.
Section 12. Headquarters of the
National Guard
(1) The headquarters of the National Guard is an institution
of the Commander of the National Guard that shall ensure:
1) a possibility for the Commander of the National Guard to
implement continuous management of the National Guard;
2) information and documentation necessary for
decision-making;
3) control over execution of lawful orders and directions of
the Commander of the National Guard;
4) execution of the National Guard tasks laid down in Section
3 of this Law.
(2) The Chief of the National Guard headquarters shall be
responsible for the execution of the tasks of the National Guard
headquarters. The Chief of the National Guard headquarters shall
be appointed to position and released from position by the
Commander of the National Armed Forces upon proposal of the
Commander of the National Guard.
Section 13. Recruitment of the
National Guard Staff
(1) The staff of the National Guard shall be recruited
from:
1) national guardsmen;
2) professional service soldiers;
3) civil employees.
(2) The service legal relationships of those professional
service soldiers who serve in the National Guard and the
employment legal relationships of the civil employees working at
the National Guard shall be determined respectively by the
Military Service Law and the laws and regulations governing
employment legal relationships.
Chapter III
Admission of a Person to the National Guard, Appointment to
Position, Assessment and Transfer of a National Guardsman
Section 14. Admission to the
National Guard
(1) Such citizens of Latvia in the age from 18 years shall be
admitted to the National Guard on a voluntary basis who:
1) comply with the requirements stipulated by the Minister for
Defence concerning the state of health, physical fitness and
knowledge of the official language, as well as with moral and
psychological characteristics;
2) do not perform professional service or service in
institutions of the system of the Ministry of the Interior or the
Prison Administration, State security institution, municipal
police, port police, the Office of the Prosecutor, the Corruption
Prevention and Combating Bureau, the Tax and Customs Police of
the State Revenue Service, the Internal Security Department of
the State Revenue Service;
3) are not subject to restrictions laid down in law regarding
combining of positions with service in the National Guard.
(2) The Minister for Defence shall determine the procedures by
which admission to the National Guard shall be performed.
(3) A person wishing to join the National Guard shall be
considered to be a candidate for the national guardsman starting
from the day when the application is submitted until the day of
concluding a contract on the service in the National Guard.
(4) A national guardsman may not be a person:
1) who is retired from military or another State service for
breach of discipline;
2) who is suspected of or prosecuted for committing a criminal
offence;
3) who has been sentenced for an intentional criminal offence
or disclosure of an official secret through negligence -
regardless of the extinguishment and setting aside of criminal
record, except for the case referred to in Paragraph five of this
Section;
31) who has been sentenced for committing criminal
offence through negligence, except for the criminal offence
referred to in Clause 3 of this Paragraph, during serving such
sentence;
32) who has been sentenced for the criminal offence
referred to in Clause 3 of this Paragraph by releasing him or her
from the punishment, or the criminal proceedings against him or
her have been terminated for reasons other than exoneration,
except for the case referred to in Paragraph five of this
Section.
4) who is in the records of a narcologist or psychiatrist, who
has chronic mental disorders or equivalent conditions or over
whom trusteeship has been established;
5) who is or has been a staff employee or a supernumerary of
the security service, intelligence or counter-intelligence
service of the U.S.S.R., Latvian S.S.R. or a foreign state, or an
agent, resident or safe-house keeper;
6) whose admission to the National Guard and further service
therein does not correspond to the interests of the national
security in accordance with the opinion of the Military
Intelligence and Security Service.
(5) A commission established by the Minister for Defence may
authorise the admission of the person referred to in Paragraph
four, Clause 3 or 3.2 of this Section to the National
Guard if this person has not committed an especially serious
intentional crime and the criminal record has been extinguished
or set aside, or at least five years have passed from the ruling
on the termination of criminal proceedings for reasons other than
exoneration.
(51) A commission established by the Minister for
Defence may, in accordance with the procedures stipulated by the
Cabinet, allow admission of a citizen of Latvia into the service
in the National Guard who has been retired from military or
another State service, or excluded from the National Guard for
violations of discipline, however, not earlier than five years
after the day of retirement or exclusion.
(6) The Cabinet shall determine the procedures by which the
commission established by the Minister for Defence evaluates the
authorisation referred to in Paragraph five of this Section.
[22 May 2014; 22 June 2017; 30 January 2020; 11 February
2021; 6 May 2021; 15 September 2022; 23 September 2021; 6 October
2022; 6 October 2022; 14 September 2023]
Section 15. Lists of Positions of
the National Guard and Material and Technical Stocks
The Commander of the National Armed Forces shall, in
accordance with the procedures specified by the Minister for
Defence, approve the list of positions corresponding to the
service ranks of professional service soldiers serving in the
National Guard or national guardsmen, except for the positions of
higher officers, as well as the staff of the National Guard units
and the list of material and technical stock. The list of
positions corresponding to the service ranks of higher officers
of national guardsmen shall be approved by the Cabinet.
[22 June 2017 / Amendment to Section regarding the
approval of the list of positions corresponding to the service
ranks of higher officers of national guardsmen in the Cabinet
shall come into force on 1 January 2018. See Paragraph 12 of
Transitional Provisions]
Section 16. Appointment of a
National Guardsman to a Position
(1) A national guardsman shall be appointed to a position
present on the list of positions and conforming to the service
rank.
(2) A national guardsman shall be appointed to position of an
officer by the Commander of the National Armed Forces in
accordance with the procedures laid down in the Military Service
Law.
(3) A national guardsman shall be appointed to a position of a
higher non-commissioned officer by the Commander of the National
Guard.
(4) The Commander of the National Guard unit shall appoint
national guardsmen to other positions of non-commissioned
officers and national guardsmen.
(5) If it is necessary for service, a national guardsman may,
with his or her consent, be appointed to a position lower than
the national guardsman's rank provides for, but maximum to a two
ranks lower position.
(6) An officer may be appointed to a one service rank higher
position and only in exceptional cases, with the consent of the
Minister for Defence - to a two ranks higher position.
(7) An officer shall be appointed to the position of an
officer only.
(8) A non-commissioned officer and a national guardsman of the
national guardsmen corps may be appointed to a one service rank
higher position and only in exceptional cases, with the consent
of the Commander of the National Armed Forces - to a two ranks
higher position.
(9) A non-commissioned officer and a national guardsman of the
national guardsmen corps may not be appointed to the position of
an officer.
Section 16.1 Discharge of
a National Guardsman from Position and Exclusion from the
Personnel
(1) A national guardsman shall be discharged from the
position:
1) by appointing him or her to another position;
2) by terminating a contract on the service in the National
Guard.
(2) A national guardsman who is dead, has perished or is
missing without information shall be excluded from the
personnel.
[22 May 2014]
Section 17. Transfer of a National
Guardsman
A national guardsman may be transferred to another National
Guard unit, appointing him or her to an equivalent position in
the following cases:
1) the position is being abolished in an individual unit or
the unit is being reorganised;
2) the national guardsman has changed the place of
residence;
3) the national guardsman consents to being transferred to
another unit.
[22 May 2014]
Section 17.1 Movement of
a National Guardsman
(1) The Commander of the National Armed Forces or a commander
(chief) authorised by him or her may, in the interests of State
defence, move a national guardsman who has the corresponding
education and qualification to the regular force unit of the
National Armed Forces, retaining the status of a national
guardsman. The commander of the regular force unit of the
National Armed Forces shall appoint the national guardsman to a
position of a national guardsman included in the staff list of
the regular force unit of the National Armed Forces and ensure
that execution of service tasks and training days of the national
guardsman is performed.
(2) If due to objective circumstances it is not possible to
fill the positions of soldiers in the National Armed Forces, the
Commander of the National Armed Forces may assign the national
guardsman who has education and qualification corresponding for
the respective position for the time period until appointing of a
soldier to the position:
1) to fulfil the duties of a soldier in long-term absence or
of a vacant position in the regular force unit of the National
Armed Forces, except the duties of the position of the Commander
(Chief);
2) to fulfil the duties of a soldier in long-term absence or
of a vacant position in a unit of the National Guard, including
the duties of the position of a Commander (Chief), which is not
higher than the position of a company commander.
(3) An additional contract shall be concluded with a national
guardsman who is assigned the fulfilment of the duties of a
soldier in long-term absence or of a vacant position.
(4) A national guardsman, in fulfilling the duties of the
position of a soldier, in addition to the provision and social
guarantees laid down by law, is entitled to receive remuneration
in conformity with the service rank determined for the position,
the length of service of a national guardsman, and the relevant
category of the monthly wage, food rations determined for a
soldier or compensation thereof, paid annual leave - 30 calendar
days, excluding public holidays, leave allowance in the amount up
to 50 per cent of the monthly wage once per calendar year upon
going on annual leave, and also the determined special supplement
for the execution of such service tasks which are related to
increased risk to health (life) when fulfilling the office duties
of the specialist in neutralising unexploded ammunition and
neutralising improvised explosive devices or a sapper (mine
laying expert, mine clearance expert, shotfirer). The rights
specified for a soldier to maternity leave, parental leave and
leave for the father of the child shall apply to the national
guardsman.
(5) If circumstances have arisen due to which the national
guardsman cannot continue the fulfilment of the duties of a
soldier in long-term absence or of a vacant position, the
Commander of the National Armed Forces shall transfer him or her
for further service back to the unit of the National Guard.
(6) The procedures, by which a national guardsman shall be
assigned the fulfilment of the duties of a soldier in long-term
absence or of a vacant position and the positions of soldiers,
which may assigned for fulfilment to a national guardsman, shall
be determined by the Minister for Defence.
[22 May 2014; 22 June 2017; 7 March 2019; 6 May 2021; 14
September 2023]
Section 18. Official Travels
(1) A national guardsman may be sent on an official travel for
a specified period of time for fulfilment of the direct duties of
service or execution of an individual task in accordance with the
procedures stipulated by the Minister for Defence.
(2) A unit commander is entitled to send a national guardsman
on an official travel in the territory of Latvia, but the
Minister for Defence, the Commander of the National Armed Forces
and the Chief of the Joint Headquarters of the National Armed
Forces or his or her deputy - also to foreign countries.
(3) This Section shall not apply to a national guardsman who
participates in an international operation.
[22 May 2014; 22 June 2017]
Section 19. Assessment of a National
Guardsman
(1) A national guardsman shall be subject to assessment, the
purpose of which is to evaluate his or her compliance with the
service course requirements.
(2) A national guardsman shall be assessed at least once every
five years or due to proposal for a higher position or awarding a
service rank, if more than a year has elapsed since the previous
assessment.
(3) A commander is only entitled to assess a subordinate after
a total of six months service in the National Guard.
(4) The assessment procedures shall be determined by the
Commander of the National Armed Forces.
[22 May 2014]
Chapter IV
Obligations and Rights of a National Guardsman
Section 20. General Obligations of a
National Guardsman
A national guardsman has the following general
obligations:
1) to fulfil in good faith the oath of a national guardsman
given and the contract concluded with the National Guard on the
service in the National Guard;
2) to conscientiously fulfil the requirements of the
regulations and other regulatory enactments, and lawful orders of
commanders;
3) to notify the immediate commander without delay of the
circumstances preventing from being a national guardsman or
fulfilling the duties of service.
[22 June 2017]
Section 21. General Rights of a
National Guardsman
(1) A national guardsman has the right to appeal the decisions
of officials taken in respect of him or her to a court, if such
decisions unduly restrict his or her rights or infringe upon his
or her honour and dignity, and if he or she has used all means to
dispute the decision in accordance with the subordination
procedures to higher officials, including the Minister for
Defence.
(2) A national guardsman has the right to submit complaints
and proposals on the service course issues. The Minister for
Defence shall determine the procedures by which complaints and
proposals shall be submitted and examined.
Section 22. Right of a National
Guardsman to Use a Firearm, Physical Force and Special Means
(1) A national guardsman has the right to keep and carry a
service firearm in accordance with the procedures stipulated by
the Minister for Defence.
(11) In performing service, a national guardsman
has the right to keep, carry and use special means in accordance
with the procedures stipulated by the Cabinet.
(2) When a national guardsman fulfils service duties, the
norms laid down in the Military Service Law on the right of a
soldier to use a firearm, physical force and special means shall
apply thereto.
[22 May 2014]
Section 22.1 Right of a
National Guardsman to Provide Extended First Aid
(1) A guardsman who has completed the extended first aid
training course programme, while performing his or her service
duties, is entitled to provide extended first aid using the
equipment, medical materials and medicinal products included on
the list approved by the Cabinet.
(2) The Cabinet shall determine the extended first aid
training course programme for guardsmen, the procedures by which
the training in provision of the extended first aid shall be
ensured and the procedures by which the training course acquired
abroad shall be recognised in the Republic of Latvia, as well as
the procedures for the storage, use, record and destruction of
the equipment, medical materials and medicinal products intended
for the provision of the extended first aid.
(3) A guardsman who has completed an internationally
recognised combat casualty care training programme which is
recognised in accordance with the procedures stipulated by the
Cabinet is entitled to provide extended first aid while
fulfilling service duties and using extended first aid equipment,
medical materials, and medicinal products included in the list
approved by the Cabinet.
[22 June 2017; 11 February 2021]
Chapter V
Awarding, Promotion and Removal of Service Ranks
Section 23. Service Ranks
(1) National guardsmen shall have the following service
ranks:
1) for the corps of national guardsmen: national guardsman,
senior national guardsman;
2) for the corps of non-commissioned officers:
a) for the junior non-commissioned officers: Corporal,
Sergeant;
b) for senior non-commissioned officers: first sergeant,
senior first sergeant;
c) for higher non-commissioned officers: warrant officer,
senior warrant officer;
3) for the corps of officers:
a) for the junior officers: Lieutenant, First Lieutenant,
Captain;
b) for senior officers: Major, Lieutenant Colonel,
Colonel;
c) for higher officers: Brigadier General, Major General,
Lieutenant General.
(2) Service ranks of national guardsmen different from the
service ranks of soldiers specified in the Military Service Law
shall be equalised to the ranks of soldiers in the following
way:
1) national guardsman - private;
2) senior national guardsman - private first class.
[22 June 2017; 7 March 2019]
Section 24. Awarding of a Service
Rank
(1) A person admitted to the National Guard shall,
concurrently with inclusion in the unit personnel, be awarded the
first service rank - a national guardsman. A reserve soldier
admitted to the National Guard and a reservist shall retain the
existing service rank.
(2) Service ranks shall be awarded to national guardsmen:
1) service ranks of officers, except for the service rank of
Lieutenant - in accordance with the procedures laid down for the
soldiers in the Military Service Law;
2) warrant officer service ranks - by the Commander of the
National Armed Forces upon proposal of the Commander of the
National Guard;
3) other non-commissioned officer service ranks - by the
Commander of the National Guard upon proposal of a unit
commander;
4) national guardsmen corps service ranks - by a unit
commander upon a proposal of a sub-unit commander.
(3) A national guardsman shall acquire the right to be awarded
the next service rank if he or she meets all the requirements
laid down for the awarding of the next service rank, as well as
for each service rank separately, has received a positive
assessment and he or she has no punishments in force.
(4) A national guardsman shall be awarded the next service
rank:
1) after serving the specified period in the existing service
rank if the position held provides for a higher service rank;
2) for achievements in battle and other achievements
(outstanding heroism, courage or achievements during the
execution of combat or other tasks) before the specified term of
service in the existing service rank or fulfilment of other
requirements laid down in the Law - as an award.
(5) During peacetime a national guardsman shall be awarded
with service ranks sequentially and in accordance with the
conditions provided for in the Military Service Law for awarding
service ranks to soldiers, except for the following service
ranks:
1) a senior national guardsman - to a national guardsman not
earlier than after one year of service in the National Guard;
2) a lieutenant - to a national guardsman, if at least
secondary education has been acquired and the course of the
Commander of the section of the National Guard has been
successfully completed.
(5¹) The rank of the first lieutenant may be granted to a
lieutenant after serving three years in the rank of the
lieutenant, if a higher service rank is provided in the position
and the lieutenant has acquired a higher education and has
successfully graduated from the basic course of the officer in
the military educational institution.
(6) When awarding a service rank to a national guardsman, the
term of service shall be calculated in accordance with the
conditions for the term of service laid down in Section 7 of this
Law.
(7) A national guardsman who resumes service in the National
Guard shall retain the service rank awarded previously.
[22 June 2017 / See Paragraph 13 of Transitional
Provisions]
Section 25. Awarding of a Service
Rank to a National Guardsman Specialist, National Guardsman
Specialist Non-commissioning Officer, and a National Guardsman
Specialist Officer
(1) A national guardsman specialist may be a national
guardsman who has at least first level vocational qualification
in the speciality necessary for the position and who has
completed a basic course for a specialist soldier or another
course equivalent thereto.
(2) A national guardsman specialist non-commissioning officer
may be a national guardsman non-commissioning officer who has at
least second level vocational qualification in the speciality
necessary for the position and who has completed a course for a
specialist non-commissioning officer or another course equivalent
thereto.
(3) A national guardsman specialist officer may be a national
guardsman who has academic or second level vocational higher
education in the relevant speciality and who has completed a
general course for a specialist officer or another equal
course.
(4) Service ranks for a national guardsman specialist,
national guardsman specialist non-commissioning officer, and
national guardsman specialist officer shall be awarded in
accordance with the same procedures as provided for in the
Military Service Law for awarding a service rank to a soldier:
specialist soldier, specialist non-commissioning officer, and
specialist officer.
(5) The positions in the fulfilment of the duties of which
national guardsman specialists, national guardsman specialists
non-commissioning officers, and a national guardsman specialists
officers may be involved shall be stipulated by the Minister for
Defence.
[24 October 2019]
Section 26. Removal and Renewal of
Service Ranks for a National Guardsman
The service rank of a national guardsman shall be removed if
he or she is convicted of committing a serious or especially
serious crime. In such case, the officer service rank shall be
removed by the President, the service rank of the higher
non-commissioned officer - by the Commander of the National Armed
Forces. Other service ranks of non-commissioned officers shall be
removed by the Commander of the National Guard, while the service
ranks of the national guardsmen corps - by a unit commander.
A service rank may be renewed only in accordance with a court
judgment rehabilitating a national guardsman.
Chapter VI
Suspension of a National Guardsman from Position and Termination
of a Contract Regarding Service in the National Guard
Section 27. Suspension of a National
Guardsman from Position
(1) If an internal investigation against a national guardsman
is initiated or he or she is a suspect or accused in commitment
of a crime, and the holding of the position by the national
guardsman may interfere with the investigation process or the
fulfilment of service duties, he or she may be suspended from the
position until the matter is decided.
(2) The commander who has the right to appoint a national
guardsman to a position or a higher commander has the right to
suspend a national guardsman from the position and, if necessary,
appoint another person to the position in a temporary acting
capacity.
(3) The Commander of the National Guard is entitled to suspend
a national guardsman from position, with whom any of the
additional contracts provided for in this Law has been concluded,
and terminate such contract, if the national guardsman has left
the place of service without justifying reason or has not arrived
at the place of service at the specified time without a
justifying reason. The monthly wage, leave benefit, food rations
or compensation for them shall not be disbursed to the national
guardsman for this time period, and this time period shall not be
added to his or her length of service.
[22 May 2014]
Section 28. Maximum Age for Service
in the National Guard
The maximum age for the service in the National Guard shall be
65 years, except for national guardsmen specialists, national
guardsmen specialists non-commissioning officers, and national
guardsmen specialists officers. If the health and physical
fitness of a national guardsman specialist, national guardsman
specialist non-commissioning officer, and national guardsman
specialist officer conform to the laid down requirements, he or
she may continue the service in the National Guard after reaching
the age of 65 years.
[6 October 2022]
Section 29. Termination of a
Contract on the Service in the National Guard and Suspension of
Service
(1) A contract on the service in the National Guard shall be
terminated in the following cases:
1) upon initiative of the national guardsman;
2) upon the initiative of the National Guard or the regular
force unit of the National Armed Forces.
(2) If a contract on the service in the National Guard is
being terminated before the maximum age specified for the service
in the National Guard upon initiative of the national guardsman,
he or she shall notify the National Guard thereof at least a
month in advance.
(3) A contract on the service in the National Guard shall be
terminated by the commander of the unit upon the initiative of
the National Guard or the regular force unit of the National
Armed Forces if:
1) the circumstances referred to in Section 14, Paragraph four
of this Law have been found;
2) the national guardsman has lost Latvian citizenship;
3) the national guardsman has been recognised as unfit for
active service due to state of health;
4) the national guardsman has attained the maximum age set for
service in the National Guard;
5) the national guardsman does not attend training or does not
arrive for the execution of service tasks for more than one year
without a justifying reason;
6) expulsion from the National Guard has been applied to the
national guardsman as a disciplinary sanction;
7) during certification, the national guardsman has been
assessed negatively and the Commander of the National Guard or
the regular force unit of the National Armed Forces has
harmonised the assessment.
(4) If the contract on the service in the National Guard is
terminated early (except when such contract is being terminated
due to the state of health):
1) the national guardsman who has not served the time
specified in the training contract after the military training
shall, in accordance with the procedures stipulated by the
Cabinet, compensate for the relevant part of expenses related to
his or her military training proportionally to the period not
served (including study expenses incurred in foreign educational
institutions (courses), covered by the foreign country in
providing aid to Latvia);
2) a national guardsman shall, in accordance with the
procedures stipulated by the Minister for Defence, return the
material and technical resources issued to him or her (equipment,
utilities, and other means) and the uniform or reimburse their
value.
(41) The person shall not reimburse the training
expenses referred to in Paragraph four of this Section and shall
not return the material and technical means issued to him or her
if the person concludes the contract on the professional service
within one month after termination of the contract on the service
in the National Guard.
(5) If a national guardsman commences holding the office of a
State official where the restrictions laid down in law do not
allow for combining of the office with the service in the
National Guard, the service in the National Guard shall be
suspended.
(6) If the former national guardsman fails to conclude the
contract on the professional service within one month after the
termination of a contract on the service in the National Guard,
he or she shall be included in the reserve of the National Armed
Forces in accordance with the procedures laid down in laws and
regulations, and also the former national guardsman shall, in
accordance with Paragraph four of this Section, reimburse the
training expenses referred to in Paragraph four of this Section
and return the material and technical means issued to him or
her.
[22 May 2014; 22 June 2017; 6 May 2021]
Section 30. Returning of Material
Values
(1) If a national guardsman is being suspended from the
position, suspends service or the contract concluded with him or
her regarding service in the National Guard is being terminated,
he or she shall, in accordance with the procedures stipulated by
the Minister for Defence, transfer all the service documents and
State property at the disposal thereof to the person appointed to
the position in a temporary acting capacity. If the person in a
temporary acting capacity has not been appointed to the position,
the national guardsman suspended from the position shall transfer
all the service documents and State property at the disposal
thereof to the immediate commander.
(2) If a national guardsman has deceased, perished or
disappeared without trace, his or her heirs shall transfer to the
National Guard the material values in their possession, which
have been issued to the national guardsman.
Chapter VII
Involvement of a National Guardsman in the Fulfilment of Specific
Duties of Positions Related to Combat Support or Combat Service
Support and Participation in International Operations and Rapid
Reaction Forces
[22 May 2014]
Section 31. Involvement of a
National Guardsman in the Fulfilment of Specific Duties of
Positions Related to Combat Support or Combat Service Support
(1) If it is necessary for service, the National Guard may, in
addition to the contract on the service in the National Guard
referred to in Section 4, Paragraph two of this Law for a
specific period of time, but no less than a year, conclude a
contract with a national guardsman on the fulfilment of duties of
a position included on the list of the National Guard unit staff
or regular armed force of the National Armed Forces, related to
combat support or combat service support. The positions, for the
fulfilment of which a contract shall be concluded with a national
guardsman, the content of and procedures for concluding a
contract shall be determined by the Minister for Defence.
(2) A national guardsman who fulfils the duties of a position
specified by the Minister for Defence and related to combat
support or combat service support, is not released from the duty
of participation in training of the National Guard.
[22 May 2014]
Section 32. Participation of a
National Guardsman in International Operations and Rapid Reaction
Forces
(1) A national guardsman shall apply for participation in an
international operation or rapid reaction forces on a voluntary
basis.
(2) A national guardsman shall participate in an international
operation or rapid reaction forces by concluding additional
contracts on the training and participation in an international
operation or rapid reaction forces. The Minister for Defence
shall determine the content of the contract and the procedures
for concluding thereof.
(3) The Minister for Defence shall determine the procedures by
which national guardsmen shall be selected for participation in
international operations and rapid reaction forces.
(4) A national guardsman shall, prior to participating in an
international operation or rapid reaction forces, complete a
training course in accordance with the laws and regulations
determining the procedures by which the National Armed Forces
shall be prepared for participation in international operations
or rapid reaction forces.
(5) After return of a national guardsman from an international
operation, the national guardsman has the right to have the same
position as he or she had before the participation in the
international operation, or an equivalent position.
Chapter VIII
Support and Social Guarantees of a National Guardsman
Section 33. Support of a National
Guardsman
(1) When fulfilling the service duties, a national guardsman
shall be partially State supported and shall be provided with a
uniform. Each national guardsman during training and execution of
service tasks shall receive the necessary service equipment and
food rations or a compensation therefore. Support conditions,
norms and procedures by which a national guardsman shall be
provided with material and technical resources shall be governed
by the Minister for Defence, while the amount of food ration
compensation and the procedures for payment thereof - by the
Cabinet.
(2) Medical examination of candidates for national guardsmen
and national guardsmen shall be carried out from the State funds
in accordance with the procedures stipulated by the Minister for
Defence:
1) for national guardsmen candidates - prior to concluding a
contract on the service in the National Guard;
2) for national guardsmen - at least once every five
years.
(3) A national guardsman may be compensated for transport
expenses incurred by using his or her personal or public
transport (except for a taxi) from the declared place of
residence to the specified place of fulfilment of service duties
or training and back. The Minister for Defence shall lay down the
conditions, procedures for and extent to which compensation for
transport expenses shall be paid to the national guardsman.
(4) A national guardsman shall be ensured with the means of
communication necessary for the fulfilment of service duties by
the relevant National Guard unit in accordance with the
procedures stipulated by the Ministry of Defence.
[7 March 2019]
Section 34. Social Guarantees of a
National Guardsman
(1) A national guardsman shall be paid compensation for each
day of execution of the National Guard tasks or training - up to
30 days per year, except for the days when the national guardsman
executes the tasks specified in Sections 31 and 32 of this Law,
from the funds from the State budget allocated to the Ministry of
Defence. The amount of compensation and the procedures for the
payment thereof shall be determined by the Cabinet.
(2) The compensation referred to in Paragraph one of this
Section shall be disbursed to a national guardsman also in cases
when he or she is involved in the execution of service tasks or
training in accordance with the conditions of Section 6,
Paragraph three, Clause 1 of this Law for longer than 30 days per
year, or has been sent to courses for the improvement of
qualification or to a military educational institution or a unit
of the National Armed Forces, the tasks of which include
implementation of adult educational programmes, for acquisition
of the education necessary for the fulfilment of the respective
service duties, or fulfils the service duties of a qualified
specialist of important profession stipulated by the Minister for
Defence in international or national military training or drills,
or is involved in the implementation of the national defence
training or youth guard interest education programme.
(21) The compensation referred to in Paragraph one
of this Section shall be disbursed to a national guardsman also
in cases when he or she is involved in the execution of service
tasks for more than 30 days per year in accordance with the
conditions of Section 6, Paragraph three, Clause 2 of this Law,
and upon reasoned request of the National Guard unit, the
disbursement of compensation has been approved by the Commander
of the National Guard.
(3) If a national guardsman has suffered a health impairment
when executing the National Guard tasks or participating in
training, he or she has the right to receive paid health care.
The conditions for the receipt of paid health care, the types of
paid health care services and the payment procedures, as well as
health care services and the expenditure not paid shall be
determined by the Cabinet.
(31) A former national guardsman shall retain the
right to receive paid health care in accordance with the
procedures and in the amount stipulated by the Cabinet, if a
contract regarding service in the National Guard was terminated
due to a disability or injury (mutilation, concussion) suffered
in executing the tasks of the National Guard or participating in
training, or due to an illness, the cause of which is related to
execution of the National Guard tasks or participation in
training.
(4) If disability has been determined for a national guardsman
during the time of service or within a year after termination of
a contract regarding service in the National Guard due to such
injury (mutilation, concussion) which has been suffered while
executing the National Guard tasks or participating in training,
or due to such illness which resulted from executing the National
Guard tasks or participating in training, he or she shall be paid
a single allowance specified for a soldier.
(5) If a national guardsman has suffered a health impairment
when executing the tasks or participating in the training of the
National Guard, but disability has not been determined due to it,
the national guardsman shall be paid the single allowance for the
health impairment specified for a soldier.
(6) If a national guardsman has deceased when executing the
National Guard tasks or participating in training, or within a
year after his or her suffering an injury has deceased due to the
injury (mutilation, concussion) which has been suffered while
executing the National Guard tasks or participating in training,
the single allowance specified for a soldier shall be disbursed
to his or her spouse and descending relatives, but if there are
no descending relatives, to the ascending relatives of the
closest degree. The Ministry of Defence shall cover expenses for
the course of the necessary medical rehabilitation services to
the family members (spouse, children, parents) of the deceased
national guardsman.
(7) A national guardsman who has deceased or died during
service when executing the National Guard tasks or participating
in training shall be buried at the expense of the State. In such
case, a soldiers tombstone made according to the sample approved
by the Minister for Defence shall be erected. If a tombstone
different than the soldiers tombstone is erected, the Ministry of
Defence shall cover such part of tombstone erection expenses,
which corresponds to the value of a soldiers tombstone. The types
and amount of expenditure related to the burial of a national
guardsman and erection of a soldier's tombstone shall be
determined by the Cabinet. A national guardsman, who retired from
service in the National Guard after having served in the National
Guard for at least 20 years, shall be buried expressing military
honour and respect for him or her in accordance with the
procedures specified by the Minister for Defence.
(8) The relation of the cause of death or health impairment of
a national guardsman with the fulfilment of direct service duties
or participation in training shall be determined by the person
performing the internal service investigation. An accident
(health impairment) shall be considered as unrelated to the
fulfilment of the National Guard service duties or participation
in training and the allowance shall not be paid, if a suicide or
attempted suicide, use of alcohol or other intoxicating
substances, violation of laws and regulations or improper action
of a national guardsman has been determined.
(9) Losses caused to the property of a national guardsman due
to the execution of his or her service duties or participation in
training shall be compensated in full from the funds from the
State budget allocated to the Ministry of Defence. The procedures
for payment of compensation of losses shall be determined by the
Cabinet.
(10) The allowances provided for in this Section shall be
calculated by taking as the basis the wage specified for a
soldier of the relevant position service rank according to the
length of service and the relevant category of the monthly
wage.
(11) The social guarantees provided for in this Law shall be
ensured from the funds from the State budget allocated to the
Ministry of Defence.
(12) The procedures for payment of allowances laid down in
this Section shall not be in effect during war.
(13) The Cabinet shall determine the procedures by which
accidents in which national guardsmen have suffered during
service in the National Guard shall be investigated and
registered.
(14) If a national guardsman has successfully participated in
the execution of the National Guard tasks and the training
process for more than 30 days per calendar year, he or she may be
disbursed compensation once a year. The compensation shall not
exceed the monthly wage of a professional service soldier in
conformity with the service rank determined for the position of
the national guardsman and the length of service of the national
guardsman.
(15) The compensation in the amount of three monthly wages
shall be disbursed to a national guardsman in conformity with the
term of service and position held by the national guardsman if
the national guardsman has at least secondary education, he or
she has completed the training of the Commander of the section of
the National Guard, the national guardsman has been appointed to
the position of the officer and the service rank of a lieutenant
has been granted.
[13 December 2012; 22 May 2014; 3 November 2016; 22 June
2017; 7 March 2019; 6 May 2021; 6 October 2022 / See
Paragraph 18 of Transitional Provisions]
Section 35. Support and Social
Guarantees of a National Guardsman in Fulfilling Specific Duties
of Positions Related to Combat Support or Combat Service
Support
(1) When fulfilling the duties of a position referred to in
Section 31, Paragraph one of this Law, a national guardsman, in
addition to the support and social guarantees of a national
guardsman provided for in this Law, is entitled to receive:
1) wage in conformity with the service rank laid down for the
position, the length of service and relevant category of the
monthly wage;
2) paid annual leave - 30 calendar days, not including public
holidays, and a leave allowance in the amount of up to 50 per
cent from the monthly wage once in a calendar year when taking
the annual leave;
3) food rations determined for a soldier or compensation
thereof;
4) a supplement of not more than 30 per cent of the monthly
wage determined for the national guardsman for the replacement of
an absent national guardsman or fulfilment of the service duties
of a vacant national guardsman position in addition to his or her
service duties.
(2) When a national guardsman fulfils the duties of a position
referred to in Section 31, Paragraph one of this Law, the rights
specified for a soldier as regards pregnancy and maternity leave,
child-care leave and child fathers leave shall apply to him or
her.
(3) [7 March 2019]
[15 November 2012; 22 May 2014; 22 June 2017; 7 March 2019;
6 May 2021; 6 October 2022]
Section 36. Support and Social
Guarantees of a National Guardsman when Participating in an
International Operation or Rapid Reaction Forces
(1) During the training course, prior to participating in an
international operation or rapid reaction forces, a national
guardsman shall receive a wage provided for a soldier having the
relevant position service rank according to the length of service
and the relevant category of the monthly wage.
(2) A national guardsman participating in an international
operation shall, in addition to the support and social guarantees
of a national guardsman specified in the Law (except the
compensation referred to in Section 34, Paragraph one of this
Law), receive the following:
1) wage provided for a soldier having the relevant position
service rank according to the length of service and the relevant
category of the monthly wage, as well as the supplements provided
for a soldier by the Cabinet for participation in an
international operation;
2) social guarantees specified for a soldier, other guarantees
related to the participation in an international operation, and
health care.
(3) A national guardsman participating in rapid reaction
forces outside the territory of Latvia shall, in addition to the
support and social guarantees of a national guardsman specified
in the Law (except for the compensation referred to in Section
34, Paragraph one of this Law), receive the following:
1) wage provided for a soldier having the relevant position
service rank according to the length of service and the relevant
category of the monthly wage, as well as the supplements provided
for a soldier by the Cabinet for participation in rapid reaction
forces;
2) social guarantees specified for a soldier, other guarantees
related to the participation in an international operation, and
health care.
(4) A national guardsman participating in rapid reaction
forces in the territory of Latvia shall, in addition to the
support and social guarantees of a national guardsman specified
in the Law (except for the compensation referred to in Section
33, Paragraph one and Section 34, Paragraph one of this Law),
receive 50 per cent of the wage referred to in Paragraph three,
Clause 1 of this Section, and also a supplement determined for a
soldier for participation in rapid reaction forces.
(5) If a national guardsman has deceased when participating in
an international operation in the corps of the National Armed
Forces contingent in compliance with the mandate approved by the
international organisation, or when participating in an
international operation where the participation is determined by
the decision of the Saeima, or when participating in rapid
reaction forces outside the territory of Latvia, the single
allowance in the amount of EUR 100 000 laid down for a soldier
shall be disbursed to his or her spouse and descending relatives,
but if there are no descending relatives, to the ascending
relatives of the closest degree.
(6) If a national guardsman, while participating in an
international operation or rapid reaction forces has acquired a
health impairment or illness or has deceased, the allowances
specified in this Section shall be disbursed by taking into
account the position, length of service and the relevant category
of the monthly wage of the national guardsman at his or her basic
place of service in Latvia before he or she was sent to the
international operation or rapid reaction forces.
[13 December 2012; 22 June 2017; 14 September 2023 /
See Paragraph 19 of Transitional Provisions]
Chapter IX
Wearing of a Uniform
Section 37. Provisions for Wearing a
Uniform
(1) A national guardsman must have a service identification
document with him or her and wear a soldier's uniform with the
identifying insignia when fulfilling the service duties.
(2) The national guardsmen shall comply with the procedures
for wearing uniforms and identifying insignia determined for
soldiers.
(21) The administrative liability for unlawful
circulation and wearing of a soldier's uniform, its components
and identifying insignia shall be determined by the Military
Service Law.
(3) A national guardsman is entitled to wear a soldier's
uniform on public holidays, days of commemoration, and also
during military events and upon fulfilment of work duties at the
Cadet Force Centre.
(4) A national guardsman is prohibited from wearing the
soldiers uniform abroad (except where he or she executes such
service tasks abroad for which the wearing of the soldiers
uniform is provided for).
(5) A national guardsman is prohibited from wearing a
soldier's uniform and using the identifying insignia when
engaging in political activity and participating in events
organised by political parties, associations, and foundations
(except when he or she performs the service tasks).
[22 May 2014; 7 March 2019; 24 October 2019 /
Paragraph 2.1 shall come into force on 1 July 2020.
See Paragraph 15 of Transitional Provisions]
Section 38. Right of a Former
National Guardsman to Wear the Uniform
(1) If a contract with a national guardsman regarding service
in the National Guard is being terminated, the Commander of the
National Guard may grant him or her the right to wear the
soldiers uniform:
1) for special achievements for the benefit of the National
Guard and the State;
2) for exemplary service in the National Guard;
3) if the contract regarding service in the National Guard is
being terminated due to such illness or disability which has
resulted from fulfilling the National Guard service duties;
4) in connection with acquiring the status of the National
Guard veteran.
(2) A former national guardsman is entitled to wear the
soldier's uniform according to his or her service rank only on
public holidays, days of commemoration and celebration, and also
during military events and when performing the National Guard
veteran tasks.
(3) When wearing a soldier's uniform, a former national
guardsman shall fulfil the relevant military rules of procedure
and comply with the provisions for wearing a soldier's uniform,
and generally accepted rules of behaviour and military
courtesy.
(4) If the former national guardsman fails to comply with the
requirements of Paragraph two and three of this Section, by his
or her conduct compromises the honour of a national guardsman or
brings discredit upon the National Armed Forces, the Commander of
the National Guard may deprive him or her of the right to wear
the soldier's uniform.
[5 November 2020; 6 May 2021]
Chapter X
Awarding and Liability of a National Guardsman
Section 39. Awards
(1) The following awards are specified to mark the service or
battle achievements of a national guardsman:
1) praise and appreciation;
2) monetary prizes and other valuable prizes;
3) honorary decorations, certificates of honour and
medals;
4) for officers - a personal firearm or non-firearm
weapon;
5) promotion in the service rank for achievements in battle
and other achievements prior to the term.
(2) The Minister for Defence shall determine the procedures by
which national guardsmen shall be awarded.
[22 May 2014]
Section 40. Liability of a National
Guardsman
(1) A national guardsman shall be subject to disciplinary
liability, administrative liability or criminal liability for
unlawful actions, and compensation for property losses caused
shall be recovered from him or her in accordance with the
procedures laid down in laws and regulations.
(11) If a national guardsman has caused losses to
the National Guard, a unit or institution of the National Armed
Forces which ensures provision of the national guardsman with
material and technical resources (hereinafter - the legal person)
as a result of unlawful, culpable action, the national guardsman
has the obligation to reimburse the losses incurred by the legal
person.
(2) If the losses to the legal person have been caused due to
the malicious intent of the national guardsman or due to such
unlawful, culpable actions by him or her which are not related to
the performance of service, the national guardsman shall be
liable for all the losses of the legal person.
(3) The Military Disciplinary Liability Law prescribes the
procedures for military discipline and ensuring thereof.
(4) A national guardsman shall be fully or partially released
from civil liability if the legal person itself was also at fault
for causing the losses by not providing appropriate conditions
for the performance of service or the equipment necessary for
service. The extent of the civil liability of a national
guardsman shall be determined depending on the circumstances of
the case, especially taking into account the extent to which the
prevailing fault has been that of the national guardsman or of
the legal person.
(5) If losses to the legal person have resulted from the
unlawful, culpable action of several persons, the liability of a
national guardsman shall be determined in conformity with his or
her participation in causing the losses and with the degree of
his or her fault.
[5 November 2020; 6 October 2022]
Section 41. Procedures for
Compensation of Losses
With the consent of the legal person, the national guardsman,
in order to reimburse losses, may transfer thereto an item of
equivalent value or repair the damage.
[6 October 2022]
Section 42. Disciplinary
Sanctions
[5 November 2020 / See Paragraph 16 of Transitional
Provisions]
Chapter XI
National Guard Veterans
Section 43. Status of a National
Guard Veteran
(1) A former national guardsman and a soldier retired from
professional service who has attained the maximum age determined
for service or has been recognised as unfit for service due to
his or her physical fitness or state of health, but who wishes to
maintain a connection with the National Guard, shall acquire the
status of a National Guard veteran in accordance with the
procedures laid down by the Minister for Defence. Such status in
accordance with the procedures laid down by the Minister for
Defence may also be acquired by a citizen of Latvia who has
completed the military training determined by the Minister for
Defence and who wishes to commence service in the National Guard
but who has reached the maximum age determined for service in the
National Guard or has been recognised as unfit for service due to
his or her physical fitness or state of health.
(2) A person who due the circumstances referred to in Section
14, Paragraph four of this Law cannot serve in the National
Guard, may not become a National Guard veteran.
[6 October 2022]
Section 44. Tasks of National Guard
Veterans
(1) The task of National Guard veterans shall be to pass their
knowledge and experience, in order to maintain high moral and
patriotic spirit in the National Guard, to support the Young
Guard movement and preserve the historical traditions, provide
assistance in training of national guardsmen and participate in
organising sports and cultural events of the National Guard
units.
(2) The Commander of the National Guard has the right to
involve veterans in performance of the tasks of the National
Guard determined by the Minister for Defence.
(3) In addition to the tasks specified in this Section, upon
the initiative of the National Guard veteran, the commander of
the relevant unit may involve him or her in the execution of
other tasks as well.
(4) The Minister for Defence shall determine the principles of
activity of unions of the National Guard veterans, and the
procedures by which the National Guard veterans shall be involved
in the execution of tasks.
[6 October 2022]
Section 45. Ensuring of Activity of
the National Guard Veterans
(1) The National Guard veterans shall form unions of veterans
in the National Guard and co-ordinate the activity thereof with
the commander of the relevant unit.
(2) Unions of the National Guard veterans shall be financed
from the funds from the State budget allocated to the National
Guard.
(3) Activity of the National Guard veterans shall be managed
by the chief of the veterans appointed by the Commander of the
National Guard.
(4) The chief of the National Guard veterans shall receive the
wage in accordance with the procedures and in the amount
stipulated by the Cabinet.
(5) The National Guard veterans have the right to wear a
uniform in accordance with the procedures laid down in Section 38
of this Law.
(6) A veteran of the National Guard shall receive compensation
for the performance of the tasks provided for in Section 44 of
this Law in accordance with the procedures and in the amount laid
down by the Cabinet, and also food rations or compensation
thereof determined for a soldier.
(7) If a veteran of the National Guard has suffered a health
impairment while performing the tasks provided for in this Law,
he or she has the right to paid health care in accordance with
the procedures and amount laid down by the Cabinet.
[22 May 2014; 6 May 2021; 6 October 2022]
Chapter XII
Administrative Offences in the Field of Performance of the
National Guard Service and Competence in Administrative Offence
Proceedings
[6 October 2022]
Section 46. Non-performance of the
Obligations of Increased Readiness Regime
For the non-performance of the obligations of increased
readiness regime, a fine of up to seventy units of fine shall be
imposed on a national guardsman.
[6 October 2022]
Section 47. Competence in
Administrative Offence Proceedings
The administrative offence proceedings for the offence
referred to in Section 46 of this Law shall be conducted by the
Military Police.
[6 October 2022]
Transitional Provisions
1. With the coming into force of this Law, the law On the
National Guard of the Republic of Latvia (Latvijas Republikas
Augstākās Padomes un Valdības Ziņotājs, 1993, No. 16/17;
Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs,
1994, No. 13; 1995, No. 2; 1996, No. 14; 1997, No. 2, No. 8;
2000, No. 20; 2001, No. 1; 2002, No. 16; 2003, No. 22; 2004, No.
2; 2006, No. 1, No. 24; 2008, No. 3) is repealed.
2. Until the day of the coming into force of the relevant
Cabinet regulations, but not longer than until 1 October 2010,
the Cabinet Regulation No. 245 of 8 April 2008, Regulations
Regarding the Amount and Procedures by Which Compensation for the
Execution of the National Guard Service Tasks or Training Days
and Remuneration for Execution of Service Tasks Outside the Time
Provided for in a Contract Shall Be Paid to National Guardsmen
and Commanders of the Veterans Subordinate Units of the National
Guard, shall be in force.
3. With the coming into force of this Law, the National Guard
veterans who wish to continue execution of the tasks specified in
Section 44 of this Law, shall retain the status of veteran, but
shall be excluded from the National Guard staff lists by 1
October 2010.
4. With the coming into force of this Law, contracts regarding
service in the National Guard concluded with national guardsmen
for unspecified term shall be in force until 1 January 2015. In
accordance with Section 4, Paragraph three of this Law, the
contracts shall be concluded repeatedly from 1 October 2010 to 1
January 2015.
5. Service identification documents issued to national
guardsmen before the coming into force of this Law shall be valid
until 1 January 2015.
6. Until 31 December 2011, when calculating remuneration and
compensation for national guardsmen (except for national
guardsmen involved in international operations or rapid reaction
forces), the basic wage of soldiers during the first year of
service shall be taken as the basis.
7. The coefficient specified in Section 7, Paragraph three of
this Law shall not be applied to the period of service served by
a national guardsman until the coming into force of this Law.
8. Section 6, Paragraph four, Clause 4 of this Law regarding
the duty of an employer to release a national guardsman involved
in the National Guard service from fulfilment of work duties
shall come into force concurrently with the amendments to the law
On Enterprise Income Tax, which provide for tax allowance for an
employer during the time when a national guardsman participates
in an international operation or rapid reaction forces and the
training necessary for it.
9. Until 31 December 2011, the National Guard staff shall be
recruited, in addition to the persons referred to in Section 13
of this Law, also from military employees.
[16 December 2010]
10. The leave allowance specified in Section 35, Paragraph
one, Clause 2 of this Law shall not be paid to national guardsmen
in 2011.
[16 December 2010]
11. Section 22.1 of this Law shall come into force
on 2 October 2017.
[22 June 2017]
12. Amendment to Section 15 of this Law regarding the approval
of the list of positions corresponding to the service ranks of
higher officers of national guardsmen in the Cabinet shall come
into force on 1 January 2018. Until the day of coming into force
of this amendment, the Cabinet shall issue the relevant
regulations.
[22 June 2017]
13. The conditions provided for in Section 24, Paragraph two,
Clause 1 and Paragraph five of this Law for the receipt of the
service rank of the lieutenant shall be also applicable to
national guardsmen who have acquired the secondary education and
successfully completed the course of performers of the duties of
commanders of the section of the National Guard before the day of
coming into force of these conditions.
[22 June 2017]
14. Section 34, Paragraph fourteen of this Law shall come into
force on 1 January 2020.
[22 June 2017; 7 March 2019]
15. Section 37, Paragraph 2.1 of this Law shall
come into force concurrently with the Law on Administrative
Liability.
[24 October 2019]
16. Amendment regarding the new wording of Section 38,
Paragraphs three and four of this Law, amendment to Section 40 of
this Law in respect of its supplementation with Paragraph three,
and also amendment regarding the deletion of Section 42 of this
Law shall come into force concurrently with the Military
Disciplinary Liability Law.
[5 December 2020]
17. Amendments to Section 4 of this Law regarding the new
wording of Paragraph three and deletion of Paragraph four thereof
shall come into force on 1 July 2021. Until the day of coming
into force of these amendments, contracts on the service in the
National Guard concluded with national guardsmen shall be in
effect until the term of validity specified therein. In
accordance with Section 4, Paragraph three of this Law, the
contracts on the service in the National Guard can be concluded
repeatedly until the maximum age specified for the service in the
National Guard, upon mutual agreement of the parties.
[6 May 2021]
18. The compensation laid down in Section 34, Paragraph
fifteen of this Law shall be applicable also to the national
guardsman who has acquired at least secondary education, has
successfully completed the course of the person performing the
duties of the Commander of the section of the National Guard, the
service rank of lieutenant has been granted to the national
guardsman, and he or she is appointed to the position of an
officer from 1 September 2020.
[6 October 2022]
19. The supplement provided for in Section 36, Paragraph four
of this Law shall be disbursed for participation in rapid
reaction forces starting from 1 January 2023.
[14 September 2023]
The Law shall come into force on 1 September 2010.
The Law has been adopted by the Saeima on 6 May
2010.
President V. Zatlers
Rīga, 26 May 2010
1 The Parliament of the Republic of
Latvia
Translation © 2024 Valsts valodas centrs (State
Language Centre)