Republic of Latvia Cabinet Regulation No. 947 Adopted 5 October 2010

Rules of Procedure for the Soldier and National Guardsmen Military Discipline

Issued pursuant to
Section 9, Paragraph two, Clause 3 of the Military Service Law
and Section 42, Paragraph three of the National Guard
of the Republic of Latvia Law

I. General Provisions

1. This Regulation prescribes the military discipline of soldiers and national guardsmen and the procedures providing it.

2. This Regulation shall apply to:

2.1. soldiers of the active service;

2.2. national guardsmen who perform service duties;

2.3. retired soldiers and the national guardsmen dismissed from the National Guard who wear the uniforms if they have been granted such right;

2.4. during wartime also to the personnel which is in the service of such State or local government authorities which for the purposes of mobilisation are directly subject to the National Armed Forces, or which are in the armed forces on the basis of an employment contract.

3. A soldier or a national guardsman who has violated laws and regulations or the requirements of service laid down in the commander's (superior's) order or ordinance is subject to disciplinary, administrative or criminal liability regardless of his or her rank and position, as well as bears financial liability for the incurred loss (damages).

4. A soldier or a national guardsman shall be held to disciplinary liability in accordance with the procedures laid down in this Regulation. Imposition of an administrative punishment or adjudging of a criminal punishment, as well as indemnification of the loss (damage) shall not preclude disciplinary liability of the soldier or the national guardsman.

5. If a soldier performs the military service in another state in accordance with the procedures laid down, he or she shall respect the laws, norms of public order and propriety of the relevant state.

6. If a national guardsman performs the tasks of the National Guard in another state in accordance with the procedures laid down, he or she shall respect the laws, norms of public order and propriety of the relevant state.

7. Each commander (superior) has a duty to ensure military discipline and service order in the subordinate unit (sub-unit) thereof, to promote the endeavours and exemplary behaviour by conferring awards, as well as to impose fair punishments for violating the military discipline.

8. In punishing soldiers and national guardsmen, the commander (superior) shall not violate the rights and obligations laid down in this Regulation and shall not allow unfounded severity. A person at fault for exceeding the disciplinary powers set out in this Regulation shall be imposed disciplinary punishment, but a commander (superior) may be held criminally liable for abusing the official position.

9. In order to ensure military discipline a commander (superior):

9.1. shall be an example to the subordinates in observing the moral values and military discipline and in impeccable performance of the service duties;

9.2. shall constantly control the combat readiness and military discipline of the subordinate units (sub-units);

9.3. shall ascertain the reasons for violating the military discipline and the circumstances, as well as organisational deficiencies of the service, which may lead to violation of the military discipline, and shall take measures for rectification of deficiencies.

10. If a soldier and a guardsman are openly disregarding or opposing to the military discipline or interfering with the service order, the commander (superior) must attain obedience of the subordinate soldier and guardsman using the rights and obligations laid down in this Regulation and the the Military Interior Service Regulations.

11. If the commander (superior) has not fulfilled obligations to ensure the military discipline and service order, he shall be subject to liability in accordance with the procedures laid down in this Regulation.

12. Each soldier and national guardsman has a duty to treat the commander (superior) and every soldier and national guardsman in service and out of it with respect, and every commander (superior) has a duty to treat the subordinates with respect and honour.

13. In applying this Regulation, the positions referred to in the staff list shall be considered as equivalent to the following within the disciplinary authority:

13.1. to the commander of a group (structure) - a commander (superior) in the rank office of a weapon (machinery, equipment) and corporal;

13.2. to the sergeant of a platoon - a boat commander in the rank of a sergeant, as set out in the staff list, and a commander (superior) in the position of a weapon (machinery, equipment) of a sub-unit that is higher than a platoon;

13.3. to the first sergeant of a company - a first sergeant of a battery, boatswain of a ship, boat commander in the rank of a boatswain, boatswain of the headquarters, as set out in the staff list, a commander (superior) in the position of a weapon (machinery, equipment) of a sub-unit that is higher than a company;

13.4. to the first sergeant of a battalion - a first sergeant (boatswain) of a squadron, battalion and a separate unit considered as equivalent thereto;

13.5. to the commander of a platoon - a commander of a ship in the rank of the first lieutenant, as set out in the staff list, commander (superior) in the position of a weapon (machinery, equipment) of a sub-unit that is higher than a platoon;

13.6. to the commander of a company - a commander of a battery, aviation section, separate platoon, commander of a ship in the rank of a lieutenant commander and a commander of junior grade, as set out in the staff list;

13.7. to the commander of a battalion - a commander (superior) of the Special Task Unit of the National Armed Forces, the Headquarters Battalion of the National Armed Forces, division, commander (superior) of a separate company (battery) considered as equivalent thereto, commander of a ship in the rank of a lieutenant commander, as set out in the staff list;

13.8. to the commander of a brigade - a commander of the Naval Forces of the National Armed Forces, Air Force Aviation Base, Ground Forces Infantry Brigade, Training Management Command (rector of the National Defence Academy of Latvia), commander of the Logistics Command, the Military Police and a district commander of the National Guard;

13.9. to the commander of a regular forces unit and of the National Guard - the chief of the Joint Staff of the National Armed Forces and his deputies.

14. The disciplinary authority of deputies of all the commanders (superiors), superiors of unit headquarters and soldiers of equivalent service ranking with a commander (superior), as set out in the staff list, shall be one rank lower than that of their commander (superior).

15. The disciplinary authority right of soldiers and national guardsmen not listed in this Regulation in relation to their subordinate soldiers and national guardsmen shall correspond to the disciplinary authority right of commanders that are considered as equivalent to the service rank of the relevant position, as set out in the staff list:

15.1. the right of a corporal, sergeant - to the right of a commander of a group (structure);

15.2. the right of a first sergeant (boatswain) - to the right of a sergeant of a platoon;

15.3. the right of a first sergeant of headquarters (boatswain of headquarters) - to the right of a first sergeant of a company;

15.4. the right of a first sergeant (chief boatswain) and a high first sergeant - to the right of a first sergeant of a battalion;

15.5. the right of a lieutenant, a first lieutenant - to the right of a commander of a platoon;

15.6. the right of a captain (lieutenant commander), a major (commander of junior grade) - right of a commander of a company;

15.7. the right of a lieutenant colonel (commander of senior grade), colonel (sea captain) - to the right of commander of a battalion

15.8. the right of a brigade general (fleet admiral) - to the right of a commander of a brigade;

15.9. the right of a major-general (rare-admiral), a lieutenant general (vice-admiral) - to the right of a commander of a regular forces unit and a commander of the National Guard.

16. The higher commander (superior) has the disciplinary authority right over all subordinate commanders (superiors).

17. A temporary agent for the position has the right to use the disciplinary authority right laid down in this Regulation for the relevant position.

II. Violations of the Military Discipline and Liability

18. The act (action or inaction) of a soldier or a national guardsman which has been committed with an intention (intentionally) or by negligence violating laws and regulations, military rules of procedure, orders, ordinances or instructions of the commander (superior) shall be considered the violations of the military discipline.

19. A violation of the military discipline shall be recognised as committed with an intention (intentionally), if a soldier or a national guardsman who committed it was aware of the consequences of the violation and had or had not intended them, however, had knowingly allowed their occurrence.

20. A violation of the military discipline shall be recognised as committed by negligence, if a soldier or a national guardsman who committed it was aware of the possibility of the consequences of the violation, but recklessly relied on the possibility of rectifying them, or was not aware of the possibility of the consequences of the violation, although he should have and could have anticipated them on the basis of the particular circumstances of the violation.

21. An act of a soldier or a national guardsman which corresponds to the act referred to in Paragraph 18 of this Regulation, but has been committed in case of necessary self-defence, as a last resort, as well as by the conviction that the execution of the commander's (superior's) order (ordinance) would result in committing a violation of laws and regulations by the soldier or the guardsman shall not be recognised as the violation of the military discipline.

22. Necessary self-defence is an act by a soldier or a national guardsman to prevent violation of the military discipline or to protect against dangerous threat to the State system and public order or to protect his rights or rights of another person, causing harm to the person causing threat, but without violating limits of the necessary self-defence, if it was not possible to prevent the violation or threat by other means. Defence which is obviously disproportionate to the nature and dangerousness of the threat, resulting in detriment which was not necessary to prevent or deter the threat shall be recognised as a violation of the limits of the necessary self-defence.

23. The last resort is an act by a soldier or a national guardsman to prevent detriment to the interests of the State and society, a soldier, guardsman or other persons, if it was not possible to prevent such detriment by other means and if the detriment caused is lesser than the detriment prevented.

24. Mitigating circumstances of the disciplinary liability shall be as follows:

24.1. the offender has openly confessed and repented the committed act;

24.2. the offender has rectified the harmful consequences of the ,violation voluntarily reimbursed the loss or rectified the committed detriment;

24.3. the violation was committed due to serious personal or family reasons or under the influence of severe mental arousal;

24.4. the violation was committed under the influence of violence;

24.5. the violation was committed by a pregnant woman;

24.6. the offender provides substantial assistance in disclosing another violation of the military discipline.

25. Aggravating circumstances of the disciplinary liability shall be as follows:

25.1. the violation is not discontinued and the request of the commander (superior) or other soldiers or national guardsmen is not respected;

25.2. the violation has been committed repeatedly, particularly if the violation for which the soldier and the guardsman have already been disciplinary or administratively punished, is re-committed within three months, or if several other violations have already been committed earlier;

25.3. the violation was committed under the influence of alcohol, narcotic, psychotropic or other intoxicating substances;

25.4. the violation was committed in a group;

25.5. the violation was committed during the performance of combat or special tasks, watch (guard) or on-call mission;

25.6. the violation was committed due to selfish, greedy or vile inclinations;

25.7. the violation has caused significant disturbances of military or public order, property damage or other serious consequences have set in;

25.8. the violation was committed against a minor, a female, an elderly person or a person being in a state of helplessness, as well as using the victim's professional, material or other dependence on the offender;

25.9. the violation is related to injuring the victim's dignity and honour;

25.10. the violation was committed when participating in the work to liquidate the consequences of an emergency situation or natural disaster.

III. Disciplinary Punishments

26. A disciplinary punishment is a coercive measure imposed on a soldier or a national guardsman who has committed a violation in accordance with the procedures laid down in these Rules of Procedure. A disciplinary punishment shall be imposed to punish a soldier or national guardsman for the committed violation, as well as to educate. The purpose of the disciplinary punishment is not to humiliate the dignity of the soldier or the guardsman, but to make the guilty person, as well as other soldiers and national guardsmen refrain from committing new violations.

27. Disciplinary punishments that may be imposed:

27.1. on a soldier:

27.1.1. reprimand;

27.1.2. extraordinary assignment (except watch (guard), watch on a ship and on-call mission) up to three times;

27.1.3. prohibition or restriction to leave the place of service up to 15 days;

27.1.4. strict monitoring up to 15 days;

27.1.5. arrest up to 10 days;

27.1.6. warning regarding non-compliance for the position held;

27.1.7. reduction of the monthly salary up to 20 per cent for a period of time not exceeding six months;

27.1.8. demotion in position;

27.1.9. during peacetime - retirement from the active service prior to the determined time;

27.2. on an instructor:

27.2.1. reprimand;

27.2.2. strict monitoring up to 15 days (except a higher instructor);

27.2.3. arrest up to 10 days (except a higher instructor);

27.2.4. warning regarding non-compliance for the position held;

27.2.5. reduction of the monthly salary up to 20 per cent for a period of time not exceeding six months;

27.2.6. demotion in position;

27.2.7. during peacetime - retirement from the active service prior to the determined time;

27.3. on an officer:

27.3.1. reprimand;

27.3.2. warning regarding non-compliance for the position held;

27.3.3. reduction of the monthly salary up to 20 per cent for a period of time not exceeding six months;

27.3.4. demotion in position;

27.3.5. during peacetime - retirement from the active service prior to the determined time.

28. Disciplinary punishments that may be imposed on a national guardsman are set out in the National Guard of the Republic of Latvia Law.

IV. Right of a Commander (Superior) to Impose Disciplinary Punishments

29. A commander of a group (structure) has the right to express a reprimand.

30. In the regular forces a sergeant of a platoon has the right to:

30.1. express a reprimand;

30.2. designate a soldier for an extraordinary assignment for one time.

31. In the National Guard a sergeant of a platoon, a first sergeant of a company, a first sergeant of a battalion and a commander of a platoon has the right to express a reprimand.

32. In the regular forces a sergeant of a company has the right to:

32.1. express a reprimand;

32.2. designate a soldier for an extraordinary assignment up to two times;

32.3. impose a restriction on a soldier to leave the place of service for up to two days.

33. In the regular forces a first sergeant of a battalion has the right to:

33.1. express a reprimand;

33.2. designate a soldier for an extraordinary assignment up to three times;

33.3. impose a restriction on a soldier to leave the place of service for up to three days.

34. In the regular forces a commander of a platoon has the right to:

34.1. express a reprimand;

34.2. designate a soldier for an extraordinary assignment up to three times;

34.3. impose a restriction on a soldier to leave the place of service for up to five days.

35. In the regular forces a commander of a company has the right to:

35.1. express a reprimand;

35.2. designate a soldier for an extraordinary assignment up to three times;

35.3. impose a restriction on a soldier to leave the place of service for up to 10 days;

35.4. impose strict supervision on a soldier, a junior instructor and a senior instructor for up to seven days;

35.5. punish by arrest;

35.5.1. a soldier - for up to seven days;

35.5.2. a junior instructor and a senior instructor - up to three days.

36. In the National Guard a commander of a company has the right to:

36.1. express a reprimand;

36.2. punish by arrest;

36.2.1. a senior guardsman of the National Guard - for up to seven days;

36.2.2. a junior instructor and a senior instructor - for up to three days.

37. In the regular forces a commander of a battalion has the right to:

37.1. express a reprimand;

37.2. designate a soldier for an extraordinary assignment up to three times;

37.3. impose a restriction on a soldier to leave the place of service for up to 15 days.

37.4. impose strict supervision on a soldier, a junior instructor and a senior instructor for up to 10 days;

37.5. punish by arrest;

37.5.1. a soldier - for up to 10 days;

37.5.2. a junior instructor and a senior instructor - for up to five days.

37.6. express a warning regarding non-compliance for the position held to a soldier, an instructor and an officer (except his deputy and chief of headquarters);

37.7. demote a soldier, a junior instructor and a senior instructor in position;

37.8. during peacetime - dismiss a soldier in retirement from the active service prior to the determined time.

38. In the National Guard a commander of a battalion has the right to:

38.1. express a reprimand;

38.2. punish by arrest;

38.2.1. a national guardsman, a senior national guardsman - for up to 10 days;

38.2.2. a junior instructor and senior instructor - for up to five days;

38.3. express a warning regarding non-compliance for the position held to a national guardsman, a senior national guardsman, a junior instructor and a senior instructor;

38.4. demote a national guardsman, a senior national guardsman, a junior instructor and a senior instructor in position;

38.5. dismiss a national guardsman, a senior national guardsman from the National Guard.

39. In the regular forces a commander of a brigade in addition to the disciplinary authority of a commander of a battalion has the right to:

39.1. impose strict supervision on a soldier, a junior instructor and a senior instructor for up to 15 days;

39.2. punish a junior instructor and a senior instructor by arrest of up to 10 days;

39.3. during peacetime - dismiss a junior instructor and a senior instructor in retirement from the active service prior to the determined time;

39.4. express a warning regarding non-compliance for the position held to a commander of a battalion, a deputy commander of a battalion and a chief of headquarters of a battalion.

40. In the National Guard a district commander of the National Guard in addition to the disciplinary authority of a commander of a battalion has the right to:

40.1. punish an instructor by arrest for up to 10 days;

40.2. dismiss a junior instructor and a senior instructor from the National Guard;

40.3. express a warning regarding non-compliance for the position held to a higher instructor.

41. In the regular forces the Chief of Joint Headquarters of the National Armed Forces and his deputies in addition to the disciplinary authority of a commander of a brigade have the right to:

41.1. demote a higher instructor in position;

41.2. during peacetime - dismiss a higher instructor in retirement from the active service prior to the determined time;

41.3. express a warning regarding non-compliance for the position held to a commander of a brigade, a deputy commander of a brigade and a chief of headquarters of a brigade.

42. In the National Guard the Commander of the National Guard in addition to the disciplinary authority of a commander of a brigade has the right to:

42.1. demote in position a higher instructor;

42.2. dismiss a higher instructor from the National Guard.

42.3. express a warning regarding non-compliance for the position held to an officer.

43. In the regular forces the Commander of the National Armed Forces in addition to the disciplinary authority of the Chief of Joint Headquarters of the National Armed Forces and his deputies has the right to:

43.1. demote in position an officer whom he is entitled to appoint;

43.2. during peacetime - dismiss an officer whom he is entitled to appoint to retirement from the active service prior to the determined time;

43.3. express a warning regarding non-compliance for the position held to a deputy commander or a chief of headquarters of the Aviation Base of the National Armed Forces, the Naval Forces, the Infantry Brigade of the Land Forces, the Military Police, the Logistics Command, the National Guard and the Training Management Command;

43.4. reduce the monthly salary up to 20 per cent for a period of time not exceeding six months.

44. In the National Guard the Commander of the National Armed Forces in addition to the disciplinary authority of the Commander of the National Guard has the right to reduce the compensation or remuneration to a national guardsman by up to 20 per cent for a period of time not exceeding six months.

45. In addition to the disciplinary authority of the Commander of the National Armed Forces the Minister for Defence has the right to:

45.1. express a warning regarding non-compliance for the position held to the Chief of Joint Headquarters of the National Armed Forces, a commander of the Aviation Base, the Naval Forces, the Infantry Brigade of the Land Forces, the Military Police, the Logistics Command, the National Guard and the Training Management Command and a commander (superior) considered as equivalent thereto;

45.2. demote in position an officer whom he is entitled to appoint;

45.3. dismiss an officer whom he is entitled to appoint in retirement from the active service and from the National Guard prior to the determined time.

46. The Supreme Commander of the National Armed Forces (during wartime) has the disciplinary authority over all soldiers and national guardsmen as set out in this Regulation. He does not have the right to demote in position his deputies, the Commander or Deputy Commander of the National Armed Forces, the Chief of Headquarters and the commanders of the Naval Forces of the National Armed Forces, the Aviation Base of the Air Forces, the Infantry Brigade of the Land Forces, the Training Management Command (rector of the National Defence Academy of Latvia), commanders of the Logistics Command, the National Guard and the Military Police.

47. The head of a garrison, the head of a camp and a garrison commandant have the right to detain an offender and to impose disciplinary punishments under the disciplinary authority conferred to each of them over all subordinate soldiers and national guardsmen, located in the garrison or in the camp, in the following cases:

47.1. if the violation committed is disturbing the public order;

47.2. if the violation committed is directed against the ordinances promulgated thereby or against themselves;

47.3. if the violation has been committed while performing garrison guard (watch) duties under the supervision thereof or other official duties;

47.4. if the violation has been committed by a soldier or a national guardsman who does not have a direct superior in the district under their responsibility, or who is in custody at a place which is not under supervision of the soldier's and the guardsman's immediate superior;

47.5. if the violation has been committed by a soldier or a guardsman who is on vacation or a business trip, regardless of the location of the offender's immediate superiors;

47.6. if the offender's immediate superior in the relevant territory has a lower disciplinary authority than the disciplinary authority conferred to them.

48. The officials set out in Paragraph 47 of this Regulation shall report on the offender's detention and imposition of the disciplinary punishment to the commander (superior) of the respective unit.

49. The head of the military medical authority has the disciplinary authority right over the soldiers and the national guardsmen (including the commander of the company) located there.

50. A disciplinary punishment may be imposed on a soldier retired from the active service and a national guardsman dismissed from the National Guard if the violation was committed wearing the uniform outside the time of service:

50.1. for indecent behaviour and violating the provisions of public order;

50.2. for violating of the rules of wearing a soldier's (national guardsman's) uniform.

51. Heads of garrisons (commandants), unit commanders and their superiors may impose disciplinary punishments under the disciplinary authority conferred to them on the persons referred to in Paragraph 50 of this Regulation, as well as propose that they are deprived the right to wear a soldier's (national guardsman's) uniform.

52. The commanders (superiors) referred to in Paragraph 51 of this Regulation shall report on punishments imposed on the retired soldiers or the national guardsmen dismissed from the National Guard to the reserve unit of accounting of the National Armed Forces.

53. If different units (sub-units) or soldiers thereof, or national guardsmen jointly perform official duties, as well as if the units (sub-units) or soldiers thereof or guardsmen randomly meet during performance of their duties, the disciplinary authority of the highest commander (superior) shall also fully apply to soldiers or national guardsmen of other units (sub-units).

54. If there is no service relationship between soldiers or national guardsmen and a soldier or a national guardsman violates the laid down service order in the presence of a soldier or a national guardsman of a higher rank, as well as does not comply with the military discipline or public order, the soldier or the national guardsman of the higher rank shall express a warning to the offender. If the offender fails to obey the warning, the soldier or the national guardsman of the higher rank must take all the necessary measures to prevent the violation. In such cases the offender shall be assigned to return to his unit (sub-unit) or sent to the Commandant Office. If the offender fails to comply with this order, the soldier or the national guardsman of the higher rank has the right to detain the offender and personally deliver him to the unit, the Commandant Office, or summon representatives of the Military Police.

55. In all cases the soldier or the national guardsman of the higher rank or the soldier or the national guardsman in a higher position, who has detected the violation of a soldier or a national guardsman, shall notify the offender's commander (superior) or the head of the garrison (commander ) thereof without delay, and the latter shall take a decision to punish the offender. After receipt of such a report the head of the garrison (commandant) shall notify the commander (superior) of the corresponding unit thereof.

56. A soldier or a national guardsman shall be detained and delivered (sent) to the place of service or the Commandant Office of the garrison if he:

56.1. is under the influence of alcohol, narcotic, psychotropic or other intoxicating substances;

56.2. is behaving aggressively or violates public order and thus with his behaviour may inflict harm to another person's life (health) or cause substantial material losses;

56.3. is in a soldier's uniform without a document proving the soldier's status;

56.4. is in a national guardsman's uniform without a document proving the national guardsman's status;

56.5. is violating the rules of wearing the soldier's or national guardsman's uniform and refuses to comply with the requirements of the commander (superior), a soldier or a guardsman of a higher rank, or the patrol service, to rectify the violation;

56.6. has committed a violation with the characteristics of a criminal offence.

57. Only a soldier or a national guardsman with a higher rank than the rank of the offender is entitled to detain a soldier or a national guardsman for a violation. A soldier or a national guardsman of a lower rank (position) shall immediately notify the Military Police regarding the established violation by a soldier or a guardsman of a higher rank (position).

58. A soldier or a national guardsman may be detained for a violation of the military discipline for no longer than three hours.

59. A soldier or a national guardsman who fails to comply with a reprimand of a soldier or a national guardsman with a higher rank or does not obey his command to return to the unit or to the Commandant Office, shall be liable for disobedience.

V. Imposition of Disciplinary Punishments

60. A disciplinary punishment according to the disciplinary authority in accordance with this Regulation shall be imposed only by the immediate commander (superior) of the soldier or of the national guardsman (except the cases referred to in Paragraphs 47, 49, 50, 51 and 53 of this Regulation).

61. Violaitons of the military discipline shall be examined by the commander (superior).

62. If the commander (superior) has detected violations of the military discipline or receives information about it, he shall ascertain the essence of the case without delay. The commander (superior) shall verify the culpability of the subordinate soldier or national guardsman and ascertain the circumstances of the violation.

63. When examining complex and serious violations an official investigation may be carried out.

64. The purpose of examining a violation of the military discipline shall be to ascertain the circumstances of committing the violation and the nature thereof, the persons involved in the violation, the culpability of the person involved in the violation, as well as mitigating or aggravating circumstances of the disciplinary liability. The examination must be neutral and objective covering all information (both positive and negative) regarding the violation and the offender.

65. The commander before imposing a disciplinary punishment shall inform the soldier or the national guardsman of his right to get acquainted with the examination materials of his violation of the military discipline (including evidence of his culpability) and to provide explanations and evidence in his defence or for mitigating the liability.

66. The commander (superior) shall take a decision to punish the offender on the basis of the results of examining the violation of the military discipline (official investigation), determining the type of punishment. If it is an extraordinary case or the violation has the characteristics of a criminal violation, the commander (superior) of the unit shall notify the senior commander (superior) and the Military Police thereof without delay. Violations that are considered as extraordinary cases shall be determined by the Minister for Defence.

67. The commander (superior) shall indicate in a written order on the imposition of a disciplinary punishment the place and time of committing the violation, the nature of the violation and the legal provisions applied (indicating the title of the legal act and the relevant legal norm), as well as the possibilities for contesting the disciplinary punishment and the deadline for contesting thereof.

68. A disciplinary punishment shall be imposed according to the gravity of actual or possible consequences caused by the violation. In determining the type and extent of the disciplinary punishment the nature of the violation, the circumstances under which it was committed, the past behaviour of the offender, as well as mitigating or aggravating circumstances of the disciplinary liability shall be taken account.

69. Only the offender shall be punished for a violation committed by a soldier or a national guardsman by imposing one disciplinary punishment. If soldiers or national guardsmen have committed a violation in a group, the degree of culpability of each offender shall be assessed when applying disciplinary punishments. A separate disciplinary punishment shall be applied for each violation.

70. If the offender is punished by restriction to leave the place of service, strict supervision or arrest, the minimum term of punishment shall be determined and notified to the offender.

71. For violations committed during carrying out of service duties in all kinds of daily assignments (on-call mission) a soldier or a national guardsman shall be punished after changing the daily assignment (on-call mission) or after his suspension (replacement) from carrying out of the daily assignment duties.

72. If a soldier or a national guardsman is under the influence of alcohol, narcotic, psychotropic or other intoxicating substances, requesting of explanation and imposition of punishment shall be postponed until he recovers sobriety. Until then he may be detained and, ensuring guard, placed in a separate room of barracks or detention premises of a guardhouse.

73. If the commander (superior) considers that due to the gravity of the violation his disciplinary authority for punishing a soldier or a national guardsman is not sufficient, he shall ask a higher commander (superior) to punish the offender of the military discipline.

74. A disciplinary punishment shall be imposed on a soldier or a national guardsman, taking into account the term of issue of the administrative act. The period of illness and the period of absence of the soldier or the national guardsman due to other reasons shall not be included in the term of imposition of the disciplinary punishment.

75. The disciplinary punishment shall not be imposed if two years have passed since the date when the violation was committed or the violation was completed.

76. The disciplinary punishment imposed on a soldier or a national guardsman shall be notified to him in person (with a written order) in the presence of soldiers or national guardsmen of similar or higher ranks (in front of the line, during an official meeting).

77. It is prohibited to notify the disciplinary punishment imposed on the commander (superior) in the presence of his subordinates.

78. The punished soldier or national guardsman shall notify his immediate commander (superior) without delay regarding the disciplinary punishment imposed by a higher commander (superior).

79. The commander (superior) shall notify the following persons regarding the disciplinary punishments imposed, on the basis of subordination principles:

79.1. a commander of a group (structure) - every day to the sergeant of the platoon;

79.2. a sergeant of a company on punishments imposed in person and by commanders of structures - every day to the first sergeant of the company and to the commander of the platoon;

79.3. a first sergeant of a company on punishments imposed in person - every day to the commander of the relevant platoon and the commander of the company;

79.4. a commander of a platoon on punishments imposed in person and by other commanders (superiors) to all soldiers or national guardsmen of the platoon - once a week to the commander of the company;

79.5. a commander of a company on punishments imposed on all soldiers or national guardsmen of the company - once a week to the commander of the battalion;

79.6. a commander of a battalion on punishments imposed on all soldiers or national guardsmen of a battalion - once a month to the commander of the brigade (municipality) or an immediate superior;

79.7. a commander of a brigade (municipality) and all higher commanders shall submit complete information to higher headquarters (superior) once a month.

VI. Official Investigation

80. The commander (superior) may carry out an official investigation by himself or assign his subordinate official or a committee (hereinafter - the investigator) determining the deadline for submitting an opinion of the official investigation. The official investigation shall be initiated by a written order.

81. Upon carrying out the tasks assigned in the order the investigator shall be directly subordinate to the commander (superior) who issued the order on the official investigation, and he has the right of the commander referred to in Paragraph 80 of this Regulation in the official investigation with regard to the circumstances to be ascertained.

82. The investigator may invite a specialist for providing an opinion, if special knowledge in a particular area of activity or speciality is needed in order to ensure objective investigation.

83. If the investigator is directly or indirectly interested in the outcome of the official investigation or there are other conditions that prevent carrying out the official investigation, he shall submit a reasoned report to the commander (superior) who issued the order referred to in Paragraph 80 of this Regulation. Submission of the report shall not release the investigator from duty of carrying out the official investigation.

84. After assessing the report referred to in Paragraph 83 of this Regulation, as well as in case if the commander (superior) is carrying out the official investigation by himself, the commander (superior) may:

84.1. appoint another investigator or an additional investigator;

84.2. submit a reasoned report to a higher commander (superior).

85. The opinion on the official investigation shall consist of:

85.1. introduction, indicating:

85.1.1. the entry of certification, name of position, service rank, given name, surname of the commander - issuer of the order referred to in Paragraph 80 of this Regulation -, the place and date of signature (if the commander (superior) carries out the official investigation by himself, this information need not be provided);

85.1.2. the place and date of drawing up the opinion on the official investigation;

85.1.3. the investigator, the order under which he is operating, and the task assigned in the order;

85.2. recital, indicating:

85.2.1. the time and place of committing the violation, the type of the violation and other circumstances;

85.2.2. the nature of the violation and its summary in chronological order;

85.2.3. a summary and analysis of explanations, arguments and evidence;

85.2.4. the character traits of the soldier or the national guardsman who committed the violation, the time spent in active service and in position, the awards granted and the disciplinary punishments imposed, the results of certification and any other information characterising him as a person;

85.2.5. the laws and regulations and norms related to the violation;

85.2.6. the mitigating and aggravating circumstances of the disciplinary liability;

85.3. conclusions, indicating:

85.3.1. legal classification of the violation;

85.3.2. possible measures for the prevention of the violation, its consequences, causes and drivers, as well as further progress of the investigation materials;

85.4. part of signatures (it shall be formed by a refenrence to the investigator and his entry of certification).

86. The disciplinary punishment to be imposed shall not be indicated in the opinion on the official investigation.

87. The official investigation shall be considered as completed, if the commander referred to in Paragraph 80 of this Regulation has confirmed the opinion on the official investigation.

VII. Contesting of Disciplinary Punishments

88. A soldier or a national guardsman may contest the disciplinary punishment with the Board of Appeals of the Ministry of Defence (hereinafter - Board of Appeals). The composition and rules of procedure of the Board of Appeals shall be approved by the Minister for Defence.

89. A soldier or a national guardsman may contest the disciplinary punishment within one month from the date when he was notified thereof by submitting a written application to the Board of Appeals (Annex).

90. If a soldier or a national guardsman has submitted an application to the Board of Appeals, the execution of the disciplinary punishment shall be suspended until a decision is made by the Board of Appeals.

91. The Board of Appeals shall examine the application and make a decision within the time period set out in the Administrative Procedure Law.

92. After examining the materials of a violation of the military discipline the Board of Appeals shall evaluate the justification of the imposed disciplinary punishment and its conformity to the violation committed. The Board of Appeals has the right to request information relating to the violation of the military discipline, and to hear persons who can provide the necessary information.

93. The Board of Appeals is entitled to:

93.1. reject the application and leave the disciplinary punishment imposed by the commander (superior) in force;

93.2. grant satisfaction to the application and completely revoke the disciplinary punishment;

93.3. partially grant satisfaction to the application and apply a lighter disciplinary punishment than the punishment imposed on a soldier or a national guardsman.

94. A soldier or a national guardsman has the right to appeal the decision of the Board of Appeals in accordance with the procedures laid down in the Administrative Procedure Law, if it unduly restricts his rights.

95. If the Board of Appeals uses the right referred to in Sub-paragraph 93.2 or 93.3 of this Regulation, concurrently with the decision it shall make a supplementary decision listing the deficiencies identified and the measures to rectify them.

VIII. Execution of Disciplinary Punishments

96. Disciplinary punishment shall be executed within three months of its imposition. The disciplinary punishment shall not be executed after the referred-to time period, but the official who is guilty of failure to execute the disciplinary punishment shall be subject to disciplinary liability.

97. If the disciplinary punishment has been imposed by a higher commander (superior), he shall determine whether the ordinance (order) on execution of the punishment will be issued by him or by the immediate commander (superior) of the guilty soldier or national guardsman.

98. If a soldier to be retired from the active service for some reason has not served the arrest imposed to him, he shall be retired only after serving the disciplinary punishment. During the arrest he shall receive a soldier's food ration only.

99. A soldier shall carry out extraordinary assignment during free time out of the service. The carrying out of such assignment may also be assigned at night, ensuring four hours a night's sleep to the punished person, but it shall not last for three subsequent nights. The extraordinary assignment shall be executed in addition to the current routine assignments. The daily extraordinary assignments shall not be assigned to a soldier for three subsequent times. The execution of the disciplinary punishment shall be controlled by the first sergeant of the company, and the record-keeping shall be managed by the sergeant of the platoon or the first sergeant of the company.

100. The restriction to leave the place of service shall be executed after the commander (superior) who has the right to impose such disciplinary punishment, determines the time when the punished soldier must be present in the place of service every day, and the procedures according to which he is allowed to leave it (usually from the evening discharge until the morning wake-up time), as well as the time when he must be at his place of residence or at another designated place. During such disciplinary punishment the soldier may not attend public recreation sites.

101. Strict monitoring is a special service regime, during which a soldier carries out duties under direct supervision of the commander or a person appointed by him. During strict monitoring the restriction to leave the place of service shall apply to a soldier.

102. Arrest is a forcible placement of the disciplinary punished soldier or the national guardsman in the detention premises of a guardhouse in accordance with the Military Interior Service Regulations, the Garrison Regulations and the Guard Regulations. During arrest the soldier and the national guardsman shall only receive a free food ration of a soldier or a national guardsman.

103. If a soldier or a national guardsman is applied arrest, he shall not carry out his service duties, except training in rank-and-file and military regulations.

104. The commander of such unit (sub-unit) in which the detention premises are located, shall be responsible for the ration of the arrested soldier or national guardsman.

105. Arrest may not be less than one day. The next arrest may be executed no sooner than three days since the soldier or guardsman has served previously imposed arrest.

106. Any disciplinary punishment set out in this Regulation, which has been imposed on a soldier or a national guardsman shall be in effect as long as it is not revoked or until the end of the term referred to in Paragraph 107, 108 or 109 of this Regulation.

107. The disciplinary punishment (other than demotion in position or dismissal from the service prior to the determined time) imposed on a professional service soldier shall be in effect for six months from the date when the punishment was imposed. If during that time the soldier has committed a new violation, the term of the previous disciplinary punishment shall be extended until the end of the term of the new punishment, if the previous punishment has not been revoked earlier.

108. The disciplinary punishment (other than demotion in position or dismissal from the National Guard) imposed on a guardsman shall be in effect for six months from the date when the punishment was imposed. If during that time a national guardsman has committed a new violation, the period of the previous disciplinary punishment shall be extended until the end of term of the new punishment, if the previous sentence has not been revoked earlier.

109. A professional service soldier or a national guardsman who has been demoted in position may be restored in the previous position no earlier than after one year.

110. The commander (superior) who imposed the disciplinary punishment or immediate commanders (superiors) of the punished soldier or national guardsman whose disciplinary authority is higher than the authority of the commander (superior) who has imposed the disciplinary punishment may revoke the disciplinary punishment. The relevant commander (superior) may revoke the disciplinary punishment by a written order before the end of term (but no earlier than 60 days after imposing the disciplinary punishment), if he is certain that the punished soldier or national guardsman has proved by his behaviour that he has become better.

111. The punished soldier or national guardsman shall be notified regarding revocation of the disciplinary punishment according to the same procedures as regarding imposition of the punishment. If the punishment is not revoked before the end of term, the punished soldier or guardsman shall be notified regarding expiry of the punishment.

IX. Procedures of Record-keeping of Disciplinary Punishments

112. The record-keeping of disciplinary punishments in a soldier's personal file and in the automated personnel record-keeping system shall be performed by the personnel department of the unit of the National Armed Forces that holds the soldier's personal file. If a soldier is temporarily seconded to a civilian state authority, a national security authority or designated to an European Union institution, the record-keeping of disciplinary punishments of the soldier in his personal file shall be performed by the personnel department of the relevant institution that holds the soldier's personal file.

113. Record-keeping of disciplinary punishments in a national guardman's personal file and the automated personnel record-keeping system shall be performed by the personnel department of the unit of the National Armed Forces that holds the soldier's personal file.

114. If the disciplinary punishment imposed on a soldier or a national guardsman is revoked, a note shall be made in the soldier's or a national guardsman's personal file and in the automated personnel record-keeping system, stating the time thereof and the official who made it. If the punishment is not revoked, a note shall be made in the soldier's or a national guardsman's personal file and in the automated personnel record-keeping system, stating the time when the punishment expires.

115. An entry shall be made in a soldier's or a national guardsman's personal file and in the automated personnel record-keeping system also on the administrative punishments imposed on the soldier or national guardsman.

116. The commander of the unit (superior) shall not less than twice a year check the conformity of punishing the personnel and the conformity of punishments with the laid down requirements in the subordinate headquarters and sub-units and make the relevant entries in the personal file of a soldier or a national guardsman.

117. The higher commander (superior) shall check the conformity of punishing the personnel and record-keeping in the subordinate units on a periodic basis, but no less than once a year in the directly subordinate headquarters (military establishment).

118. In the inspection checks the conformity of punishing the personnel and record-keeping shall be performed by the head of the inspection (check) or the official designated by him.

119. Each soldier or national guardsman shall be acquainted with the entries made in the soldier's or guardsman's personal file and in the automated personnel record-keeping system at least once a year. The soldier or national guardsman shall certify with his signature that he has become acquainted with the referred-to records.

X. Closing Provision

120. Cabinet Regulation No. 231 of 28 March 2006, Rules of Procedure of the Solder Military Discipline (Latvijas Vēstnesis, 2006, No. 52, 111; 2007, No. 165; 2008, No. 24; 2009, No. 103, 161), is repealed.

Prime Minister V. Dombrovskis

Minister for Defence,
Acting for the Minister for Justice I. V. Lieģis

 

Annex
Cabinet Regulation No. 947
5 October 2010

To the Board of Appeals
of the Ministry of Defence

(given name, surname of the solder)
		-
(personal identity number)
(position and service rank)
(address, postal code)
(telephone number, other contact details)

Application

(reasons for contesting the disciplinary punishment and reference to documents and provisions of

laws and regulations which are the basis for the application)

Appended:
1.	Order on imposing a disciplinary punishment.
2.
	(other documents referred to in the application)

(place and date of drawing up the application)		(signature)

Note. The details of the document "date" and "signature" shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.

Minister for Defence,
Acting for the Minister for Justice I. V. Lieģis

 

---

Translation © 2013 Valsts valodas centrs (State Language Centre)