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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

27 August 1998 [shall come into force on 22 September 1998];
20 May 2004 [shall come into force on 18 June 2004];
16 June 2005 [shall come into force on 20 July 2005];
23 October 2014 [shall come into force on 19 November 2014];
16 June 2021 [shall come into force on 3 July 2021].

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

The Saeima 1 has adopted and
the President has proclaimed the following law:

On the Status of a Participant to the National Resistance Movement

Section 1. The purpose of this Law is to assess the merits of those people who through their activities in the national resistance movement have participated in an armed fight or fought with other means for the renewal of Latvia proclaimed on 18 November 1918, and devoted himself or herself in order to defend the people against violence and genocide perpetrated by the occupation regime.

Section 2. (1) The citizens of Latvia and inhabitants of Latvia who during the time period from 17 June 1940 until 31 December 1960 carried out the following in the territory of Latvia shall be recognised as participants to the national resistance movement:

1) participated in an armed and underground resistance fight against military formations of the occupation regimes and administration of such regimes;

2) facilitated armed and underground resistance fight by providing material and other assistance to fighters and putting their own freedom and life at risk;

3) propagated the idea of renewal of the independence of the Republic of Latvia by distributing illegal press, leaflets or other publications, and also by openly turning against the occupation regime, its established procedures and ideology.

(2) The citizens of Latvia and inhabitants of Latvia who during the time period from 1 January 1961 until 4 May 1990 have been punished with the following for their political activity or belief in the territory of Latvia shall also be recognised as participants to the national resistance movement:

1) have been convicted and have been exonerated;

2) have been unjustifiably placed in medical treatment institutions by force where compulsory measures of medical nature have been applied to them regarding which the Office of the Prosecutor of the Republic of Latvia has carried out an inspection and provided opinion to the local government.

[20 May 2004; 23 October 2014; 16 June 2021]

Section 3. (1) The persons may not be recognised as participants to the national resistance movement who:

1) have cooperated with repressive structures of communist or fascist regime, or have participated in repressive activities of communist or fascist regime;

2) have been punished for intentional serious crimes and have not been exonerated;

3) due to minority could not consciously participate in the national resistance movement (have been younger than 14 years of age).

(2) Upon request of a local government or the Citizenship, Migration and Social Cohesion Committee of the Saeima (hereinafter - the Committee), the Office of the Prosecutor of the Republic of Latvia shall prepare a statement on whether there exist the restrictions referred to in Paragraph one of this Section in respect of the person.

[16 June 2005; 16 June 2021]

Section 4. (1) The status of a participant to the national resistance movement shall be granted by the local government in the administrative territory of which the person has declared his or her place of residence. If a citizen of Latvia has no declared place of residence, the status of the participant to the national resistance movement shall be granted by the local government in which he or she has addressed with the relevant submission.

(2) A decision of the local government may be appealed in accordance with the procedures laid down in the Administrative Procedure Law.

[16 June 2021]

Section 5. A local government shall establish a commission for preliminary examination of the submitted materials which shall also include the representatives of the participants to the Second World War and associations of politically repressed persons registered in accordance with the procedures laid down in laws.

[27 August 1998; 23 October 2014]

Section 5.1 (1) The Saeima may recognise also the citizens of Latvia and inhabitants of Latvia as participants to the national resistance movement who during the time period from 17 June 1940 until 4 May 1990 have carried out activities which are aimed at the renewal of the Republic of Latvia proclaimed on 18 November 1918 but to whom such status cannot be granted in accordance with the procedures laid down in Section 4 of this Law.

(2) The submission on the recognition of the status of a participant to the national resistance movement may be submitted by the person himself or herself and also - by his or her written consent - by the association representing the interests of the participants to the national resistance movement, a local government or a member of the Saeima. The submission shall be supplemented with the documents at the disposal of a submitter and other information that could be relevant in taking the decision.

(3) After examination of a submission, the Committee may prepare the draft decision for examination in the Saeima on the recognition of the status of a participant to the national resistance movement.

(4) If a person has been convicted for the activity which is aimed at renewal of the Republic of Latvia proclaimed on 18 November 1918 and not exonerated, the Committee may invite experts, ask them to become acquainted with the materials of the case and provide the opinion whether the actions of the person have been politically motivated. After having heard the opinion of experts, the Committee does not need to apply the restriction laid down in Section 3, Paragraph one, Clause 2 of this Law.

(5) The decisions of the Saeima and the Committee may not be appealed.

[16 June 2021]

Section 6.

[16 June 2021]

Section 7. A certificate of certain sample and the badge of a participant to the national resistance movement shall be issued to participants to the national resistance movement.

Section 8. Participants to the national resistance movement shall have all the same rights which are provided for in laws and other regulations for politically repressed persons.

Section 9. (1) A local government is entitled to decide on determination of social guarantees for participants to the national resistance movement and, within the framework of its budget, to grant them reliefs in relation to the payment of certain taxes and duties, or receipt of services.

(2) A local government is entitled to decide on deletion of compensation certificates by granting payment in cash in conformity with the law On Land Privatisation in Rural Areas in accordance with the procedures determined by the Cabinet.

[27 August 1998]

Section 10. A monthly benefit shall be disbursed to participants to the national resistance movement from the State budget funds granted to the Ministry of Defence in accordance with the procedures and in the amount determined by the Cabinet.

[16 June 2005 / See Transitional Provisions]

Transitional Provisions

1. Until 1 August 1996, the Cabinet shall develop and approve the sample of the certificate and badge of a participant to the national resistance movement, and also ensure manufacture of certificates and badges.

2. [27 August 1998]

3. Section 10 of this Law shall come into force on 1 September 2005.

[16 June 2005]

4. The Cabinet shall issue the regulations referred to in Section 10 of this Law until 31 August 2005.

[16 June 2005]

The Law has been adopted by the Saeima on 25 April 1996.

President G. Ulmanis

Rīga, 10 May 1996


1 The Parliament of the Republic of Latvia

Translation © 2022 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Par nacionālās pretošanās kustības dalībnieka statusu Status:
In force
in force
Issuer: Saeima Type: law Adoption: 25.04.1996.Entry into force: 24.05.1996.Theme: State security and protectionPublication: Latvijas Vēstnesis, 82, 10.05.1996.
Language:
LVEN
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