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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.07.2012.–28.02.2017.
Amendments not included: 02.02.2017., 21.06.2018.

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

14 June 2012 [shall come into force on 1 July 2012].

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.

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

Law On Notification

Section 1. Purpose of this Law

(1) The purpose of this Law is to ensure notification of documents and information, in public legal relationship of an institution and private individual, corresponding to the rights and lawful interests of a private individual in a timely manner and good quality (hereinafter - notification of a document) to the addressee.

(2) Within the meaning of this Law an institution shall also mean a court in administrative proceedings, a court (judge) in a case of administrative violation and the Constitutional Court. Within the meaning of this Law an addressee shall mean a private individual to whom the document is notified, another participant of administrative proceedings and case of administrative violation who is not a private individual, as well as a private individual or institution involved in the proceedings of the Constitutional Court.

[14 June 2012]

Section 2. Scope of Application of this Law

This Law governs notification of a document, insofar as it has not been laid down otherwise in directly applicable legal acts of the European Union, international agreements binding to the Republic of Latvia or other laws. This Law shall not be applied in cases when an institution is operating in the field of private law, as well as within the scope of criminal procedure and civil procedure.

Section 3. General Provisions for Notification of a Document

(1) An institution shall carry out notification of a document:

1) on site at the institution or by delivery with the intermediation of an employee or courier appointed thereby;

2) using postal services;

3) using electronic communications;

4) publicly.

(2) If a specific type of notifying a document has not been determined in an external regulatory enactment, the institution may chose such type on its own, which would ensure corresponding notification of the document to the addressee. The institution shall take into account the indicated type for notifying the document as much as possible.

(3) The addressee has a duty to accept the document notified by the institution.

(4) In notifying a document the institution shall ensure the protection of personal data, commercial secret or other information protected by law.

(5) If a dispute arises regarding notification of a document, the institution has a duty to prove the fact that the document has been notified. If the addressee states that he or she has not received the document, he or she shall justify such statement pointing out objective circumstances which have served as an obstacle for receiving the document regardless of the will of the addressee.

Section 4. Address for Notification of a Document

(1) A document shall be notified to a natural person to the address of the declared place of residence or the additional address indicated in the declaration. The document may be notified to another address in case if the addressee has pointed out objective circumstances due to which it is necessary. The addressee has a duty to be reachable at the indicated address.

(2) A document shall be notified to a legal person to the registered address thereof.

(3) A document shall be notified to an institution to the address thereof.

[14 June 2012]

Section 5. Notification of a Document to a Representative

(1) If a representative has been authorised for the receipt of a document and the right to receive a relevant document on the relevant issue arises from the authorisation, it shall be notified to the representative only, except the case when the person authorising has indicated that he or she wishes to receive the document himself or herself.

(2) It shall be deemed that from the moment when the document has been notified to the representative, it has also been notified to the person authorising.

(3) If several representatives have been authorised, it shall suffice that the document is notified to one of them. If within the scope of one procedure the authorised representative represents concurrently several participants, the document shall be notified to the representative in one copy.

(4) If the addressee is an incapacitated person of legal age, the document shall be notified to his or her trustee. Notification shall not be valid if the document has been notified to the incapacitated person of legal age himself or herself.

(5) If several lawful representatives represent a minor, it shall suffice that the document is notified to one of them. The document shall be notified to a minor in the cases laid down in laws and regulations.

Section 6. Notification of a Document or Information at the Institution

(1) In receiving a document or information at the institution, the addressee shall sign for it, except the case when signing for receipt is not necessary in accordance with laws and regulations. A document issued or information provided by the institution shall be deemed notified from the moment when the addressee has signed for receipt.

(2) Notification of a document or information shall be confirmed by a signature of the addressee. In signing for the receipt of the document or information, the addressee shall indicate the date and time of receipt.

(3) If a document is notified at the institution, however, the addressee refuses to accept such document, it shall deemed notified from the moment when the addressee refused to accept the document. The issuer shall make a note regarding refusal of the addressee to accept the document, indicating the reason for refusal. The addressee is entitled to append his or her opinion to the relevant note in writing.

Section 7. Notification of a Document with the Intermediation of an Employee or Courier of the Institution

(1) The institution may notify a document with the intermediation of an employee or courier appointed thereby. In such cases the responsible official of the institution shall hand over the document to be notified to the relevant employee or courier in a sealed envelope and prepare a delivery form containing the following information:

1) the given name, surname of the recipient;

2) the address of the recipient;

3) the given name and surname of such responsible official of the institution who handed the document over for delivery;

4) the given name and surname of the addressee;

5) the name of the document.

(2) If a document is notified with the intermediation of an employee or courier appointed by the institution, however, the addressee refuses to accept such document, it shall deemed notified from the moment when the addressee refused to accept the document. The deliverer shall make a note regarding refusal of the addressee to accept the document, indicating the reason for refusal. The addressee is entitled to append his or her opinion to the relevant note in writing.

(3) The addressee shall confirm receipt of the document by signing the delivery form. In signing for the receipt of the document, the addressee shall indicate the date and time of receipt. The document shall be deemed notified from this moment.

(4) If the addressee is absent from the address indicated by him or her at the time of delivery, the document may be handed over to a person of legal age encountered at the particular address, and he or she shall sign in the delivery form, indicating his or her given name, surname, the date and time of receiving the document. If having evaluated the circumstances the employee or courier of the institution does not hand over the document to the person encountered at the particular address, such person refuses to accept the document or is not able to present a personal identification document, the institution shall chose another type of notification.

(5) The document shall be deemed notified from the moment when it has been handed over to the person referred to in Paragraph four of this Section. Such person has a duty to hand the document over to the addressee.

(6) If a document is delivered to the registered address of the addressee or the address of the institution with the intermediation of an employee or courier appointed by the institution, the document shall be handed over to an employee of the legal person or institution encountered at the address, who shall sign for receipt of the document, indicating his or her given name, surname and position, the date and time of receipt of the document. The document shall be deemed notified from this moment.

Section 8. Notification of a Document Using Postal Services

(1) Using postal services, a document shall be notified in a sealed envelope in the form of letter-post items:

1) as an ordinary postal item;

2) as a registered postal item;

3) as a postal item with a notification regarding handing over of the item.

(2) A document which has been notified as an ordinary postal item shall be deemed notified on the eighth day from the day when it was registered in the institution as the document to be sent.

(3) A document which has been notified as a registered postal item shall be deemed notified on the seventh day after handing it over to the post office.

(4) If a statement is received from the post office regarding issuing of the item or the document has been returned, it shall not affect the fact of notifying the document per se. The addressee may refute the presumption that the document has been notified on the seventh day after handing it over to the post office or on the eighth day from the day when it was registered in the institution as the document to be sent, pointing out to objective reasons which have been an obstacle for receipt of the document at the indicated address regardless of the will of the addressee.

Section 9. Notification of a Document Using Electronic Communications

(1) A document shall be notified sending it by fax, if the addressee has indicated the fax number and has expressed a wish in writing to receive the document by fax. The first page of the document shall contain an indication of the institution regarding confirmation as regards receipt of the document, in which information regarding the given name, surname and address of the addressee shall be provided. In receiving the document, the addressee shall sign on the first page thereof in the confirmation regarding receipt of the document and shall send it back to the sender within one working day. The document shall be deemed notified from the moment when the sender receives a confirmation from the addressee by fax regarding receipt of the document.

(2) A document shall be notified via electronic mail, using a secure electronic signature. The legal norms governing the circulation of electronic documents shall be applied to such notification of a document. A document may be notified via electronic mail, without using a secure electronic signature, if the addressee has expressed a wish in writing to receive the document in the relevant way or such possibility has been provided for in a regulatory enactment. The document shall be notified to the electronic mail address indicated by the person. A document which has been sent via electronic mail shall be deemed notified on the second working day after sending thereof.

(3) A document shall be notified, using the special online form under the supervision of the institution, if the addressee has expressed a wish in writing to receive the document in the relevant way. The legal norms governing the circulation of electronic documents shall be applied to such notification of a document. A document which has been notified using the special online form under the supervision of the institution shall be deemed notified on the second working day after sending thereof.

(4) The addressee may refute the presumption that the document has been notified on the second day after using the special online form, pointing out to objective reasons which have been an obstacle for receipt of the document at the indicated address regardless of the will of the addressee. If a dispute arises, the institution has a duty to prove that the electronic document was sent.

(5) The institution may notify the addressee regarding existence of a document or its content by telephone, recording the conversation in writing, if the urgency of notifying the document is justified. After the existence of the document or its content has been notified, the document shall be delivered to the addressee.

Section 10. Notification of a Document to Foreign States

(1) A document shall be notified to foreign states:

1) by the institution addressing the competent authority in accordance with the procedures laid down in the laws and regulations regarding international co-operation. The Ministry of Foreign Affairs of the Republic of Latvia shall send a document to the diplomatic or consular representation, which shall invite the addressee to receive the document at the representation or shall forward it to the ministry of foreign affairs of the host country with a request to notify the document to the addressee;

2) in a registered postal item with a notification regarding handing over of the item, if it is not possible to notify the document in accordance with the procedures laid down in Paragraph one, Clause 1 of this Section;

3) using electronic communications in accordance with Section 9 of this Law.

(2) If a document has been sent in accordance with Paragraph one, Clause 2 of this Section, notification thereof shall be confirmed by a notification signed by the addressee regarding receipt of the item. If such item has not been received and also information regarding the fact that it has not been possible to hand over the item to the addressee has not been received, it shall be deemed that the document has been notified six months after handing the document over to the post office.

Section 11. Public Notification of a Document

(1) A document shall be notified publicly:

1) if it is useful due to the utilisation of resources or urgency and the document concerns an individually undetermined circle of addressees;

2) if the place of residence of the addressee has not been declared, his or her location is unknown and it is not possible to notify the document to the authorised representative of the addressee;

3) in other cases provided for in an external regulatory enactment.

(2) The institution shall notify a document by a publication in the official newspaper Latvijas Vēstnesis [the official Gazette of the Government of Latvia]. A local government may notify a document with publication in a local newspaper and by displaying a notification in the premises of the local government. Due to considerations of expediency the institution may also chose a publication in other mass media in addition to the publication in the official newspaper Latvijas Vēstnesis.

(3) The institution shall notify a document by publication on its website in the cases and in accordance with the procedures laid down in external laws and regulations.

(4) In emergency cases the institution may notify a document by reading it on the radio or television. A document notified in such a way shall be published in the official newspaper Latvijas Vēstnesis without delay, indicating the type and time of notifying the document.

(5) A document shall be deemed notified on the next working day after public notification thereof.

This Law shall come into force on 1 January 2011.

This Law has been adopted by the Saeima on 16 June 2010.

President V. Zatlers

Rīga, 30 June 2010

 


1 The Parliament of the Republic of Latvia

Translation © 2014 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 16.06.2010.Entry into force: 01.01.2011.Theme:  Judiciary, Administrative procedure, State institutions, public servicePublication: "Latvijas Vēstnesis", 102 (4294), 30.06.2010.
Language:
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