The translation of this document is outdated.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)