Procedures for the Application of Exceptions to the Conscription of Citizens into Active Service and Mobilisation of Residents

Issued pursuant to
Section 14.¹, Paragraph three
of the Mobilisation Law

I. General Provision

1. The Regulation prescribes the procedures by which exceptions to the conscription of citizens into active service and mobilisation of residents in civil defence units and to the implementation of civil defence measures shall be applied to the persons referred to in Section 14.¹, Paragraph two of the Mobilisation Law , and also the procedures by which the structural unit for the record of reserve of the National Armed Forces shall be informed of the persons referred to in Section 14.¹, Paragraphs one and two of the Mobilisation Law.

II. Determination of the Officials and Employees of State and Local Government Authorities and of Bodies Governed by Public and Private Law Involved in the Implementation of the Measures for Overcoming Endangerment to the State, and also in Ensuring the Operation of the Critical Infrastructure and Critical Services of the Financial Sector

2. Critical functions within the meaning of this Regulation shall be as follows:

2.1. the measures for overcoming endangerment to the State specified in the State Defence Plan, the State Civil Defence Plan, and the State Emergency and Disaster Medicine Plan;

2.2. ensuring the continuity of operation of the critical infrastructure (in minimum amount);

2.3. ensuring the availability of critical services of the financial sector (in minimum amount).

3. The performance of the critical functions shall be ensured by the competent State and local government authorities, and also the persons who, in accordance with Section 17, Paragraph one, Clause 23 of the law On Emergency Situation and State of Exception, shall:

3.1. in case of the state of exception, ensure the measures for overcoming endangerment to the State specified in the external laws and regulations, the State Defence Plan, the State Civil Defence Plan, or the State Emergency and Disaster Medicine Plan;

3.2. ensure the continuity of operation of the critical infrastructure or the availability of critical services of the financial sector (in minimum amount).

4. State and local government authorities, and also the persons who ensure the performance of the critical functions shall identify the necessary (minimum) personnel for the implementation of the critical functions (hereinafter - the critical personnel), determining specific positions and the number of the critical personnel.

5. Before approval of the list of the critical personnel, medical treatment institutions shall send information on the identified critical personnel (indicating the given name, surname, and personal identity number) electronically to the structural unit for the record of reserve of the National Armed Forces for examination.

6. The structural unit for the record of reserve of the National Armed Forces shall compare the medical practitioners included in the list of the critical personnel of a medical treatment institution with the reserve soldier records and inform the relevant medical treatment institution of the persons included in the list of the critical personnel who are reserve soldiers.

7. Medical treatment institutions shall replace the reserve soldiers included in the list of the critical personnel with other persons.

8. The list of the critical personnel shall be approved by the head of the State or local government authority, whereas the persons who ensure the continuity of operation of the critical infrastructure or the availability of the critical services of the financial sector - by their authorised person.

9. The ministry responsible for the sector shall assess the list of the critical personnel within the competence of such sector which ensures the continuity of operation of the critical infrastructure or the critical services of the financial sector, recommending the necessary changes.

10. An exception to mobilisation is revoked from the moment when the person is excluded from the list of the critical personnel.

III. Provision of Information on the Persons for whom Exceptions to the Conscription into Active Service and Mobilisation in Civil Defence Units and to Implementation of Civil Defence Measures have been Determined

11. Information on the persons to whom exceptions to the conscription into active service and mobilisation in civil defence units and to the implementation of civil defence measures have been applied on the basis of Section 14.¹, Paragraph one of the Mobilisation Law shall be provided to the structural unit for the record of reserve of the National Armed Forces by:

11.1. the Chancery of the President - on the persons referred to in Section 14.¹, Paragraph one, Clause 1 of the Mobilisation Law;

11.2. the Administration of the Saeima - on the persons referred to in Section 14.¹, Paragraph one, Clauses 2 and 3 of the Mobilisation Law;

11.3. the Central Election Commission - on the persons referred to in Section 14.¹, Paragraph one, Clause 4 of the Mobilisation Law;

11.4. the State Chancellery - on the persons referred to in Section 14.¹, Paragraph one, Clauses 6 and 8 of the Mobilisation Law;

11.5. the ministry - on the person referred to in Section 14.¹, Paragraph one, Clause 7 of the Mobilisation Law;

11.6. the Ministry of Finance - on the persons referred to in Section 14.¹, Paragraph one, Clauses 9 and 10 of the Mobilisation Law;

11.7. the Ombudsman's Office of the Republic of Latvia - on the person referred to in Section 14.¹, Paragraph one, Clause 11 of the Mobilisation Law;

11.8. Latvijas Banka - on the persons referred to in Section 14.¹, Paragraph one, Clause 12 of the Mobilisation Law;

11.9. the State Audit Office of the Republic of Latvia - on the persons referred to in Section 14.¹, Paragraph one, Clause 13 of the Mobilisation Law;

11.10. the Financial and Capital Market Commission - on the persons referred to in Section 14.¹, Paragraph one, Clause 14 of the Mobilisation Law;

11.11. the National Electronic Mass Media Council - on the persons referred to in Section 14.¹, Paragraph one, Clause 15 of the Mobilisation Law;

11.12. the Public Utilities Commission - on the persons referred to in Section 14.¹, Paragraph one, Clause 16 of the Mobilisation Law;

11.13. the Constitutional Court of the Republic of Latvia - on the persons referred to in Section 14.¹, Paragraph one, Clause 17 of the Mobilisation Law;

11.14. the Ministry of Justice - on the persons referred to in Section 14.¹, Paragraph one, Clauses 19, 20, and 23 of the Mobilisation Law;

11.15. the Supreme Court - on the persons referred to in Section 14.¹, Paragraph one, Clause 18 of the Mobilisation Law;

11.16. the Office of the Prosecutor General - on the persons referred to in Section 14.¹, Paragraph one, Clause 21 of the Mobilisation Law;

11.17. the Latvian Council of Sworn Advocates - on the person referred to in Section 14.¹, Paragraph one, Clause 22 of the Mobilisation Law;

11.18. the Ministry of the Interior - on the persons referred to in Section 14.¹, Paragraph one, Clause 23 of the Mobilisation Law;

11.19. the Ministry of Foreign Affairs - on the persons referred to in Section 14.¹, Paragraph one, Clause 25 of the Mobilisation Law;

11.20. the local government city council - on the persons referred to in Section 14.¹, Paragraph one, Clauses 26, 27, and 28 of the Mobilisation Law;

11.21. the port police - on the persons referred to in Section 14.¹, Paragraph one, Clause 29 of the Mobilisation Law;

11.22. the Corruption Prevention and Combating Bureau - on the persons referred to in Section 14.¹, Paragraph one, Clause 30 of the Mobilisation Law.

12. Information on the persons to whom exceptions to the conscription into active service and mobilisation in civil defence units and to the implementation of civil defence measures have been applied on the basis of Chapter I of this Regulation shall be provided to the structural unit for the record of reserve of the National Armed Forces by State and local government authorities, whereas information on the persons to whom exception to mobilisation has been applied in accordance with Paragraphs 4 and 8 of this Regulation shall be provided by the persons who ensure the performance of the critical function.

13. The structural unit for the record of reserve of the National Armed Forces and the relevant State security institution shall agree on separate procedures for ensuring that exceptions to the conscription into active service and mobilisation in civil defence units are applied to the persons referred to in Section 14.¹, Paragraph one, Clause 24 of the Mobilisation Law.

14. Information on the critical personnel which is prepared in accordance with Section 14.¹, Paragraphs one and two of the Mobilisation Law shall be classified at least as restricted access information unless laid down otherwise in other laws and regulations.

15. Information on the persons (indicating the given name, surname, and personal identity number) to whom exceptions to mobilisation have been applied shall be sent to the structural unit for the record of reserve of the National Armed Forces by the responsible authorities referred to in Paragraphs 11 and 12 of this Regulation electronically or using another way of sending, if required in order to ensure the protection of the relevant information, in the following cases and within the following time periods:

15.1. to ensure the synchronisation of record data on all the persons to whom exceptions to mobilisation have been applied - once a year (by 1 March of the current year);

15.2. upon a separate request of the structural unit for the record of reserve of the National Armed Forces in the case of endangerment to the State.

16. After receipt of the information, the structural unit for the record of reserve of the National Armed Forces shall ensure that, in the case of mobilisation, the critical personnel is not conscripted into active service while holding the position.

17. A State and local government authority, and also a person who ensures the continuity of operation of the critical infrastructure or the availability of the critical services of the financial sector shall be responsible for making sure that the persons included in the list of the critical personnel are informed of the exception to mobilisation applied to them, and also the prohibition laid down in Section 17, Paragraph one, Clause 23 of the law On Emergency Situation and State of Exception.

IV. Closing Provisions

18. State and local government authorities, and also the persons who ensure the performance of the critical functions shall, within a year from the day of coming into force of this Regulation, prepare lists of the critical personnel and submit them to the structural unit for the record of reserve of the National Armed Forces.

19. The Regulation shall come into force on 1 September 2021.

Prime Minister A. K. Kariņš

Deputy Prime Minister,
Minister for Defence A. Pabriks

Translation © 2022 Valsts valodas centrs (State Language Centre)