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

Internal Security Bureau Law

Section 1. Purpose of the Law

(1) The purpose of the Law is to ensure the rule of law and objectivity in the detection, investigation, and prevention of criminal offences committed by officials and employees of law enforcement institutions in order to promote trust of the public in State administration.

(2) The Law prescribes the legal status, functions of the Internal Security Bureau (hereinafter - the Bureau) and the competence of the officials of the Bureau.

Section 2. Legal Status of the Bureau

(1) The Bureau is a State administration institution under supervision of the Minister for the Interior.

(2) The Bureau has an account in the Treasury and a stamp with the supplemented lesser coat of arms of Latvia and the full name of the Bureau.

(3) The Bureau is a body performing operational activities and an investigating institution.

Section 3. Legal Basis for the Activity of the Bureau

The legal basis for the activity of the Bureau is the Constitution of the Republic of Latvia, the Criminal Procedure Law, the Operational Activities Law, this Law, and also other laws and regulations.

Section 4. Functions of the Bureau

The functions of the Bureau are to detect, investigate, and prevent criminal offences which have been committed by:

1) the officials and employees of the institutions under subordination of the Ministry of the Interior, except for the officials and employees of the Security Police;

2) the officials with special service ranks of the Prison Administration, when fulfilling their service duties in prisons if they are related to violence;

3) the employees of the Port Police, when fulfilling their service duties if they are related to violence;

4) the employees of the local government police, when fulfilling their service duties if they are related to violence.

Section 5. Officials of the Bureau

(1) Officials of the Bureau are the Head of the Bureau, the Deputy Head of the Bureau, and persons whose office duty is to carry out operational activities and investigation of criminal offences in pre-trial proceedings.

(2) An official of the Bureau is an official with a special service rank of an institution of the system of the Ministry of the Interior.

Section 6. Course of Service of Officials of the Bureau

Course of service of officials of the Bureau shall be determined by the Law on the Course of Service of Officials with Special Service Ranks Working in Institutions of the System of the Ministry of the Interior and the Prison Administration.

Section 7. Competence of Officials of the Bureau

(1) In order to ensure the carrying out of the functions specified for the Bureau, the officials of the Bureau shall have the following competence:

1) to carry out investigation in accordance with the procedures laid down in the Criminal Procedure Law;

2) to carry out the operational activity specified in the Operational Activities Law;

3) to carry out an inspection in order to establish and examine the facts and circumstances related to the carrying out of the functions of the Bureau;

4) to request that persons discontinue violation of the law and other action which hinder officials of the Bureau from fulfilment of the tasks specified by the Bureau;

5) to move the persons who have been detained or arrested for criminal offences the investigations of which is under jurisdiction of the Bureau under supervision of guard at the time and place necessary for the course of criminal proceedings;

6) to acquire, receive, register, process, compile, analyse, and store the information necessary for the carrying out of the functions of the Bureau;

7) on the basis of the results of analysis at the disposal of the Bureau, to develop proposals for the measures to be taken in order to detect and prevent the criminal offences within the competence of the Bureau, and also for the priorities of such measures;

8) to compile and analyse information on circumstances which are related to the criminal offences within the competence of the Bureau, and also to provide proposals to the relevant institutions for the prevention of the deficiencies detected;

9) to keep, carry, and use service firearms, and also use physical force and special means in accordance with the law On Police.

(2) The types of special means and the procedures for the use of such means shall be determined by the Cabinet.

Section 8. Rights of Officials of the Bureau, when Carrying out an Inspection

When carrying out an inspection, an official of the Bureau has the following rights:

1) to request and receive the information and documents from private individuals which are necessary for the carrying out of the functions of the Bureau;

2) to survey persons and to accept explanations, and also to summon any person to the Bureau in relation to a case the examination of which is within the competence of the Bureau;

3) to request that institutions carry out service examinations if it is necessary to find out the facts or to assess the action of an official within the scope of the case within the competence of the Bureau;

4) upon presentation a service identification document, to visit buildings and premises where the institutions under subordination of the Ministry of the Interior, the Prison Administration, municipal police, and port police are operating, and also prisons and places where detained, arrested, and convicted persons are kept;

5) with the permission of the holder or possessor, to inspect the places that are not available to the public and the items therein.

Section 9. Head of the Bureau

(1) The work of the Bureau shall be managed by the Head of the Bureau.

(2) The Head of the Bureau shall carry out the functions of the head of an institution of direct administration specified in the State Administration Structure Law, and also:

1) organise and control the work of the structural units of the Bureau;

2) represent the Bureau without any special authorisation;

3) ensure the rule of law of the activity of the Bureau;

4) authorise employees of the Bureau to represent the Bureau in the State and local government authorities, and also in relations with non-governmental and international organisations;

5) determine the measures to be taken for the detection and prevention of criminal offences within the competence of the Bureau, and also to decide on the priorities of such measures.

(3) During the absence of the Head of the Bureau, his or her duties shall be performed by the Deputy Head of the Bureau.

Section 10. International Cooperation of the Bureau and Cooperation with Institutions

(1) The Bureau shall cooperate with law enforcement institutions of other countries and international organisations in the carrying out of the functions specified for it, and also enter into agreement with them according to the competence thereof.

(2) The Bureau shall cooperate with other institutions in accordance with the procedures laid down in laws and regulations. Upon request of the Bureau, the State Police shall provide the necessary support to the Bureau for the carrying out of the functions thereof.

Section 11. Legal Protection of Officials of the Bureau

(1) None, except for the officials who are especially authorised by the law, are entitled to interfere with the activity of the Bureau and its officials.

(2) An official of the Bureau may not be administratively detained.

(3) The status of an official of the Bureau shall only be used for the fulfilment of the lawful duties thereof.

Section 12. Mandatory Nature of the Requirements of Officials of the Bureau

Lawful requirements of officials of the Bureau which they have brought forward, when performing their official duties, shall be mandatory for all persons.

Section 13. Restrictions of Officials of the Bureau

(1) The restrictions on the obtaining of income, combination of offices, and commercial activity of officials of the Office, and also other restrictions, prohibitions, and obligations shall be determined by the law On Prevention of Conflict of Interest in Activities of Public Officials.

(2) Officials of the Bureau are prohibited to participate in the activity of political organisation (parties) and alliances thereof, and also to organise strikes and to participate in them.

Section 14. Remuneration of Officials of the Bureau

Remuneration of officials of the Bureau shall be determined in accordance with the Law on Remuneration of Officials and Employees of State and Local Government Authorities.

Section 15. Contesting and Appeal of Administrative Acts of the Bureau

(1) The administrative act or actual action of an official or employee of the Bureau may be contested by submitting a relevant submission to the Head of the Bureau, but the administrative act issued by the Head of the Bureau or his or her actual action - by submitting a relevant submission to the Ministry of the Interior.

(2) The decision of the Head of the Bureau or the Ministry of the Interior on the contested administrative act or actual action may be appealed to the District Administrative Court.

Section 16. Report on Activity of the Bureau

(1) The Bureau shall, not less than once a year, submit a report to the Minister for the Interior on the carrying out of the functions of the Bureau and the use of the budget funds, and also prepare a public annual financial statement in accordance with the procedures laid down in laws and regulations.

(2) The Minister for the Interior has the right to request a report on the activity of the Bureau at any time.

Transitional Provision

The Cabinet shall, by 1 November 2015, issue legal acts which are necessary for ensuring the activity of the Bureau, and also take the organisational measures necessary for the commencement of the activity of the Bureau.

The Law shall come into force on 1 November 2015.

The Law has been adopted by the Saeima on 17 December 2014.

President A. Bērziņš

Rīga, 30 December 2014

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¹ The Parliament of the Republic of Latvia

Translation © 2022 Valsts valodas centrs (State Language Centre)