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The translation of this document is outdated.
Translation validity: 10.05.2017.–03.12.2020.
Amendments not included: 24.11.2020.
Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of:

3 May 2017 [shall come into force from 10 May 2017].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.

 

Republic of Latvia

Cabinet
Regulation No. 109
Adopted 28 February 2017

Regulations Regarding the Violations of Professional Activity

Issued pursuant to
Section 42, Paragraph eight of the Public Procurement Law,
Section 48, Paragraph three of the Law on the Procurement
of Public Service Providers, and
Section 37, Paragraph eight of the Law
on Public-Private Partnership

[3 May 2017]

1. The Regulation prescribes serious violations of professional activity for which the contracting authority, contracting entity, or concession procedure commission may exclude a candidate or a tenderer from further participation in a procurement or concession procedure (hereinafter - the procurement procedure).

[3 May 2017]

2. The contracting authority, contracting entity, public partner, or concession procedure commission, taking into account the subject-matter of the procurement or the procurement procedure, may specify one or several serious violations of professional activity referred to in Annex to this Regulation in the contract notice or concession notice, or in the documents of the procurement procedure as the reason for the exclusion of a candidate or tenderer from participation in the procurement procedure.

[3 May 2017]

3. This Regulation shall come into force on 1 March 2017.

4. Contracting entities shall apply this Regulation from 1 April 2017.

Prime Minister Māris Kučinskis

Minister for Finance Dana Reizniece-Ozola

 

Annex
Cabinet Regulation No. 109
28 February 2017

Criminal Offences Referred to in The Criminal Law and Violations Referred to in the Latvian Administrative Violations Code that should be Recognised as Violations of Professional Activity in Accordance with Section 42, Paragraph two, Clause 2 of the Public Procurement Law, Section 48, Paragraph three of the Law on the Procurement of Public Service Providers, and Section 37, Paragraph two, Clause 2 of the Law on Public-Private Partnership

[3 May 2017]

Table 1

No. Criminal offence Corresponding Section of The Criminal Law
1. Violation of Provisions Regarding the Management and Use of the Earth, or its Depths, Waters and Forests Section 96
2. Violation of Provisions Regarding the Use of the Natural Resources of the Sea Section 97
3. Violation of Provisions Regarding the Circulation of Radioactive and Chemical Substances Section 98
4. Unlawful Activities Involving Ozone Depleting Substances Section 98.1
5. Violation of Provisions Regarding Waste Management Section 99
6. Unauthorised Burial of Dangerous Substances in Waters and Depths of the Earth Section 100
7. Pollution of the Sea Section 101
8. Pollution and Littering of the Earth, Forests and Waters Section 102
9. Pollution of the Air of the Atmosphere Section 103
10. Operation of Facilities without Treatment Structures Section 104
11. Unlawful Operation of Facilities Section 104.1
12. Failure to Take Measures for the Elimination of Environmental Pollution Section 105
13. Concealment of Data regarding Environmental Pollution Section 106
14. Forest Arson Section 107
15. Destruction and Damaging of a Forest through Negligence Section 108
16. Arbitrary Cutting and Damaging Trees Section 109
17. Arbitrary Fishing and Acquisition of Aquatic Animals Section 110
18. Illegal Manufacture, Acquisition, Storage, Sale, Transportation and Forwarding of Electro-Fishing Equipment Section 111
19. Illegal Hunting Section 112
20. Blasting and Other Acts Committed in Violation of Provisions for Protection of Animals Section 113
21. Destruction and Damaging of Special Areas of Protection Section 114
22. Destruction and Damaging of Specially Protected Animals and Plants Section 115
23. Violation of the Trading Provisions of Specimens of Endangered Wild Animal and Plant Species Section 115.1
24. Smuggling Section 190
25. Movement of Goods and Substances the Circulation of which is Prohibited or Specially Regulated across the State border of the Republic of Latvia Section 190.1
26. Unauthorised Activities with Goods and Other Valuable Property Subject to Customs Clearance Section 191
27. Avoidance of Declaring of Cash Section 195.2
28. Failing to Ensure Quality of Goods and Services Section 202
29. Failure to Comply with the Requirements Regarding Safety of Goods and Services Section 203
30. Illegal Use of Trademarks, Other Distinguishing Marks and Designs Section 206
31. Entrepreneurial Activities without Registration or a Permit (Licence) Section 207
32. Unfair Competition, Misleading Advertising and Unfair Commercial Practice Section 211
33. Violation of Provisions Regarding Accounting and Statistical Information Section 217
34. Violation of Work Remuneration Provisions Section 217.1
35. Violation of Construction Provisions Section 239, Paragraph two, three, or four
36. Forgery of a Document, Seal and Stamp and Use and Disposal of a Forged Document, Seal and Stamp Section 275

Table 2

No. Violation Corresponding Section of the Latvian Administrative Violations Code
1. Provision of Labour Protection Services Violating the Requirements Specified for Competent Specialists and Competent Authorities in the Laws and Regulations Governing Labour Protection Section 41.6
2. Violation of Epidemiological Safety Requirements Section 42
3. Violation of Specified Procedures in Pharmaceutical and Veterinary Pharmaceutical Activity Section 46.1
4. Violation of the Requirements for the Handling of Food Section 103.3, Paragraph three or four
5. Violation of the Regulations Regarding Commerce, Public Catering and Provision of Services Section 155, Paragraph three or four
6. Failure to Comply with the Procedures for the Use of Electronic Equipment and Devices for the Registration of Taxes and Other Payments, Failure to Fulfil the Duties of the Users and Maintenance Services of such Equipment and Devices Section 156.1
7. Failure to Install and Use Electronic Equipment and Devices for the Registration of Taxes and Other Payments Section 156.2
8. Arbitrary Trade or Recommencement of Payable Services Section 156.4
9. Execution of Transactions if the State Revenue Service has Suspended Economic Activity of the Taxpayer Section 156.7
10. Violation of Work Remuneration Provisions Section 159.10
11. Commercial Activity without Registration or without a Special Permit (Licence), Statement or Permit and Performing of Commercial Activity Violating the Conditions Referred to in the Special Permit (Licence), Statement or Permit Section 166.2
12. Exceeding the Permitted Toxic Substance Level in Goods Section 166.10
13. Sale of Counterfeit Goods Section 166.14
14. Illegal Use of Trademarks, Other Distinguishing Marks and Designs Section 166.17
15. Illegal Involving of a Child in Events Section 172.3
16. Failure to Comply with the Requirements for the Provision of Child Supervision Services Section 172.5
17. Violation of Regulations for the Handling of Goods of Strategic Significance Section 179.1
18. Violation of Regulations Regarding the Performance of the Customs Regime Section 201.10
19. Smuggling Section 201.12
20. Provision of Documents Containing False Information to the Customs Institution Section 201.13
21. Declaration of Goods with a Fake Name or Non-conforming Code Section 201.14
22. Unauthorised Activities with Goods and other Valuables Subject to Customs Clearance Section 201.15
23. Use of Such Goods for Different Purposes without the Permission of the Customs Institution to which Customs Tax and Other Customs Payment Reliefs have been Applied Section 201.16
24. Activities as a Result of which the Full Amount of Customs Tax and Other Customs Payments have not been Paid Section 201.17
25. Violation of Registration, Licensing and Accreditation Regulations Section 201.52
26. Violation of the Procedures for the Issuance of State Recognised Education Documents Section 201.54
27. Violations of the Regulations Regarding Provision of Social Services Section 204.13

Minister for Finance Dana Reizniece-Ozola


Translation © 2019 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Noteikumi par profesionālās darbības pārkāpumiem Status:
No longer in force
no longer in force
Issuer: Cabinet of Ministers Type: regulation Document number: 109Adoption: 28.02.2017.Entry into force: 01.03.2017.End of validity: 01.01.2023.Publication: Latvijas Vēstnesis, 45, 01.03.2017. OP number: 2017/45.10
Language:
LVEN
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