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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

23 September 1999 [shall come into force from 19 October 1999];
23 November 2000 [shall come into force from 20 December 2000];
20 September 2001 [shall come into force from 19 October 2001];
6 December 2001 [shall come into force from 5 January 2002];
20 June 2002 [shall come into force from 19 July 2002];
24 October 2002 [shall come into force from 20 November 2002];
19 December 2002 [shall come into force from 1 January 2003];
29 May 2003 [shall come into force from 2 July 2003];
11 December 2003 [shall come into force from 7 January 2004];
22 April 2004 [shall come into force from 12 May 2004];
16 December 2004 [shall come into force from 1 Januray 2005];
16 June 2005 [shall come into force from 14 July 2005];
13 October 2005 [shall come into force from 21 October 2005];
10 November 2005 [shall come into force from 9 December 2005];
15 June 2006 [shall come into force from 1 October 2006];
7 June 2007 [shall come into force from 4 July 2007];
6 March 2008 [shall come into force from 9 April 2008];
13 November 2008 [shall come into force from 17 December 2008];
23 April 2014 (Constitutional Court Judgment) [shall come into force from 28 April 2014].

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

Border Guard Law

Chapter I
General Provisions

Section 1. Purpose of the Law

This Law determines the legal basis for the operation of, the tasks, functions, and competence of the State Border Guard (hereinafter - the Border Guard), and also the duties and rights of the border guards.

[15 June 2006]

Section 2. The Border Guard

The Border Guard is a direct administration State institution, under the supervision of the Ministry of the Interior. The Border Guard is armed, and the functions thereof are to ensure the inviolability of the State border and the prevention of illegal migration.

[16 June 2005]

Section 3. Operational Principles of the Border Guard

(1) The operations of the Border Guard shall be organised in conformity with the law, humanism, human rights, transparency, a single command structure, and based upon the assistance of the inhabitants.

(2) The Border Guard shall protect the rights and lawful interests of persons irrespective of their citizenship, social, financial or other status, race or nationality, gender or age, education or language, attitude towards religion, or political or other opinions.

(3) The Border Guard shall ensure that the rights of a person to move from one state to another state are observed.

(4) The Border Guard shall provide an opportunity for arrested persons to exercise their rights to a legal defence.

5) [15 June 2006]

[15 June 2006]

Section 4. Border Guard Co-operation with Other Authorities

(1) On issues of guarding and control of the State border, as well as on issues, which are associated with the control of the observance of the regulations regarding the entry, residence, exit and transit of foreigners, and other issues within the competence thereof, the Border Guard shall co-operate with other State and local government authorities, merchants and international organisations, unions or communities.

(2) State and local government authorities, as well as merchants and their officials shall provide assistance to the Border Guard in the performance of their duties.

[6 December 2001; 22 April 2004; 7 June 2007]

Section 5. Border Guard Professional Liaison

The Border Guard is entitled to maintain professional liaison with neighbouring states and other state competent services and, within the scope of its competence, enter into agreements with them, as well as to prepare harmonised draft international agreements and to submit such to the Ministry of the Interior.

[16 June 2005]

Section 5.1 Participation of Border Guards in International Missions and Operations

(1) Border guards shall participate in international missions and operations on the basis of such international organisation, union or community resolutions, recommendations or requests with which the Republic of Latvia has entered into an international agreement.

(2) A decision regarding the participation of border guards in international missions and operations shall be taken by the Cabinet.

(3) The procedures by which border guards are sent to participate in international missions and operations, the conditions of the participation of border guards in such missions and operations, as well as the procedures for financing thereof shall be determined by the Cabinet.

[10 November 2005]

Section 6. Transparency of Border Guard Operations

The Border Guard, in the interests of the service, both directly and by means of the mass media, shall inform the State and local government authorities, as well as the general public regarding the results of its operations, while observing the requirements of the Law on Official Secrets.

Section 6.1 Border Guards

A border guard is an official of a Ministry of the Interior system institution, who ensures the fulfilment of the tasks of the Border Guard and to whom is granted a special service rank.

[16 June 2005; 15 June 2006]

Chapter II
Border Guard Organisational Structure and Deployment

[16 June 2005]

Chapter III
Border Guard Tasks; Duties and Rights of Border Guards

Section 13. Border Guard Tasks

The tasks of the Border Guard are:

1) in accordance with the State Border Law of the Republic of Latvia, to guard the State borders, border signs and other border structures, and to prevent any attempts to change illegally the location of the State border in a geographical area;

2) in co-operation with the National Armed Forces, to prevent and repel armed attacks on the territory of Latvia, territorial and inland waters, as well as air space, to prevent armed provocations on the State borders and in cases of criminal threats, to provide assistance to inhabitants in border areas;

3) to carry out surveillance of the land territories, waters and airspace adjacent to the border;

4) to not allow persons and means of transport to cross the State border, or freight and other property to be moved across the State border outside the locations provided for this purpose or in any other illegal way, to detect and arrest violators of State borders, as well as detect violators of border area, border area zone, border control point and border crossing point regimens;

5) to organise the work at border crossing points and, together with the customs and Food and Veterinary Service institutions, the work at border control points, to co-ordinate the activity of the control services working at the border control points;

6) jointly with customs institutions, to provide for workplaces at border control points for other authorities and private persons who conduct border crossing control on other matters pursuant to law or provide services to persons crossing the State border;

7) to carry out border control and allow persons, means of transport, freight and other property to cross the border if the documents granting the right to cross the State border have been correctly drawn up, and the border guard, customs and other State service control operations have been completed;

8) independently or jointly with customs institutions, to prevent the importation into or transit through the territory of Latvia of prohibited items for illegal movement across the State border. To not allow the movement of goods or other items across the State border, evading customs control;

9) to maintain the State border, border zone and the border crossing points;

10) independently or jointly with international seaport, airport, sea passenger and railroad station administrations, in co-operation with customs institutions, police, the National Armed Forces units and the relevant local governments, to ensure and control the observance of the regimen of the State border, border areas, border zones, border control points and border crossing points;

101) to supervise the compliance with the regulations regarding water traffic safety in internal waters in seaports in which State border crossing points have been determined and in internal waters having a determined State land border of the Republic of Latvia in accordance with the provisions of international law and international agreements which are binding on the Republic of Latvia;

11) to provide to specially authorised State institutions the necessary assistance for preservation of natural resources and for controlling the observance of regulations on economic activity, and for the protection of the environment against pollution, the extinguishing of fires and the elimination of the consequences of natural catastrophes in the border area;

12) to ensure that obligations binding on Latvia on issues regarding the State border regimen provided for in international agreements are implemented, and within the scope of its competence, to regulate the incidents associated with violation of the State border regimen;

13) to ensure prevention of violations of laws and other laws and regulations related to border crossing;

14) within the scope of their competence, to examine administrative violation matters and to impose administrative sanctions;

15) to control how the regulations regarding the entry, residence, exit and transit of foreigners in the territory of the Republic of Latvia are observed, as well as within the scope of their competence to perform the activities provided for in the Asylum Law;

16) Within the scope of the competence specified in the Criminal Procedure Law, to perform pre-trial investigations.

[20 September 2001; 6 December 2001; 20 June 2002; 13 October 2005; 7 June 2007; 6 March 2008]

Section 13.1 Resources of the Border Guard in Performing Tasks at Sea

For the performance of tasks at sea, the Border Guard shall utilise the technical resources, floating structures and aircraft of the National Armed Forces according to the procedures specified by the Cabinet.

[20 September 2001]

Section 14. Duties of the Border Guards

(1) The duty of any border guard, on receiving information regarding an occurrence that threatens the inviolability of the border or is associated with the illegal crossing of it, or on determining himself or herself of such an occurrence, shall be to carry out all possible measures in order to prevent the violation, to detect and arrest the persons who have committed the violation, as well as to notify the nearest Border Guard unit regarding the occurrence.

(2) Border guards shall fulfil their service duties in accordance with relevant laws, Border Guard regulations, by-laws and other laws and regulations, as well as the orders and directives of supervisors.

(3) Border guards shall without objections execute the lawful orders and directives of their immediate supervisor and supervisors in higher-ranking positions. Knowingly carrying out unlawful orders or a directive shall not discharge a border guard from liability.

(4) Within the scope of his or her competence, the supervisor shall act independently and take care that in the unit subordinate to him or her, laws and regulations are observed and orders are executed.

Section 15. Rights of Border Guards

(1) Border guards in the whole border area, as well as the border control points and the border crossing points have the right:

1) to examine the documents of persons and control means of transport and their freight, during the performance of their service duty without limitations of movement;

2) for all persons crossing the State border, to examine according to specified procedures personal identification documents and make the necessary notations in them, as well as to carry out inspections of all the means of transport crossing the State border;

3) in accordance with procedures and within the terms set out by law to arrest:

a) persons, who are suspected of the committing of such a criminal offence the investigation of which is within the competence of the Border Guard, as well as persons who have committed administrative violations the examination of which is within the competence of the Border Guard,

b) persons who have attempted to move or have moved across the State border items prohibited to be imported into or exported out of the Republic of Latvia by laws or other laws and regulations, or otherwise have attempted to import or export goods and other items, evading customs control,

c) persons or means of transport for which a search has been declared and persons located in such means of transport;

(31) [6 March 2008];

4) in accordance with specified procedures, to remove and transfer to customs institutions goods and other items that have been found with persons crossing the State border while evading customs control;

5) in accordance with specified procedures, to remove and transfer to police institutions weapons, munitions, explosives, narcotic, psychotropic and radioactive substances that have been found with State border crossing persons who do not have relevant permits;

6) to restrict or totally stop movement across the State border in relation to natural or technogenic disasters and particularly hazardous infectious diseases and to restrict or totally stop the crossing of the State border at individual State border crossing places due to technical reasons;

7) in prosecuting and arresting persons violating the border, as well as in repelling armed attacks in the State territory, to utilise the means of communication belonging to natural persons and legal persons, as well as with the consent of the driver of the means of transport, utilise the means of transport belonging to natural persons and legal persons, compensating them the losses caused;

8) to perform operational activity measures in order to prevent and detect criminal offences and other violations of the law;

9) in prosecuting persons violating the State border or persons violating the regimen of the State border, border areas, border zones, border control points or border crossing points, as well as persons who reside illegally in the State, to enter the premises or buildings that are the property of the State or local government, or natural or legal persons.

10) to deny entry into the State to persons who cannot produce valid travel documents;

11) in accordance with procedures prescribed by law, to remove persons from the State who have entered Latvia or crossed the State border without a valid travel document or a permit from the relevant authority or have not observed prescribed procedures;

12) upon performing the control of the observance of the regulations regarding the entry, residence, exit and transit of foreigners, and upon examining the veracity of information and data provided by the foreigner and his or her inviter:

a) to invite to the premises of the Border Guard natural persons or representatives of legal persons to receive explanations regarding the purpose, place, time of the entry and residence of the foreigner, and the provision of residence;

b) to request from the natural or legal person the information, documents or copies thereof, which attest to the veracity of information and data provided by the foreigner and his or her inviter;

c) to visit and inspect the premises of State and local government institutions, religious organisations, associations, foundations, and merchants, places of work of undertakings (organisational units in which the employers employ foreigners), and also any other places in an undertaking that are accessible to the employee in the course of work, within the working hours determined by the institutions, organisations, merchants, and undertakings without prior notification or receipt of permit (also in the absence of the owner or his or her authorised person);

d) to visit the premises and buildings owned by or used by the natural persons, and also the legal persons not referred to in Clause c) of this Paragraph, and with the permission of owners, users, or their authorised persons to inspect the premises.

(11) In seaports in which State border crossing points have been determined and in internal waters having a determined State land border of the Republic of Latvia in accordance with the provisions of international law and international agreements which are binding on the Republic of Latvia the border guards have the rights:

1) to examine personal identification documents of all persons in accordance with the laws and regulations regarding water traffic safety in internal waters and the laws and regulations regarding the regime of the border area and borderland of the Republic of Latvia;

2) to stop a recreation vessel or small-size floating unit and to carry out an inspection if there is a reason to believe that the driver has violated the regulations regarding water traffic safety in internal waters;

3) to remove from driving of a recreation vessel or a small-size floating unit a person:

a) if there is a reason to believe that such person is under the influence of alcohol, narcotic, psychotropic, toxic or other intoxicating substances. The detection of the influence of alcohol, narcotic, psychotropic, toxic or other intoxicating substances shall be carried out according to the procedures laid down in laws and regulations;

b) who does not have documents which certify the registration of the recreation vessel or a small-size floating unit (if the relevant recreation vessel or a small-size floating unit needs to be registered) or the licence to drive the recreation vessel or a small-size floating unit (if such is necessary);

4) to convey the recreation vessel or a small-size floating unit to the nearest quayside intended for recreation vessels or small-size floating units or to the nearest Border Guard unit if it has been determined that the driver of the recreation vessel or a small-size floating unit has not complied with the regulations regarding water traffic safety, and if aboard the recreation vessel or a small-size floating unit there is no other person who can drive the relevant recreation vessel or a small-size floating unit.

(2) In cases when a search for persons violating the State border is being carried out, border guards have the right to operate outside the locations specified in Paragraph one of this Section, co-operating, if necessary, with police and units of the National Armed Forces.

(3) Border guards in performing service duties have the right according to the procedures specified by Cabinet to be located on the technical resources, floating structures and aircraft of the National Armed Forces.

(4) In cases which are related with the control and prophylaxis of the observance of regulations regarding the entry, residence, exit and transit of foreigners, as well as the performance of operational activity measures, the border guards have the right to operate also outside the places referred to in Paragraph one of this Section.

(41) The border guards have the right to guard, transfer under the supervision of security guards and to hold under temporary custody the arrested persons, and also to transfer under the supervision of security guards in the time and place necessary for the progress of criminal proceedings the persons who have been arrested for criminal offences the investigation of which is under the jurisdiction of the Border Guard.

(5) In exceptional cases, if a person cannot fulfil the State border crossing regulations, but the identity of such person has been ascertained, the Chief of the Border Guard is entitled to permit the referred to person to cross the State border if such conforms to the norms of international law, the interests of the Republic of Latvia or is associated with force majeure or humanitarian considerations.

[20 September 2001; 6 December 2001; 11 December 2003; 16 June 2005; 7 June 2007; 6 March 2008; 13 November 2008]

Section 15.1 Rights of the Border Guards to Place the Arrested Persons in a Temporary Keeping Premise

(1) The border guards have the right to place the arrested person in a temporary keeping premise (a specially equipped premise where the arrested persons are placed and held under guard).

(2) The arrested person may be placed in a temporary keeping premise if:

1) his or her identity is not established;

2) there is a reasonable suspicion of a risk of absconding of such person;

3) he or she does not subject him or herself to the lawful requirements of border guards;

4) there is a reasonable suspicion that he or she may harm himself or herself, border guards, other natural persons or property;

5) he or she is a person for which a search has been declared.

(3) Prior to placing in a temporary keeping premise the person shall be searched by a border guard of the same sex. The person to be searched shall be seen over visually, the objects present at a person shall be examined, and the objects which may be used to attack border guards or with which it is possible to do harm to other natural persons or himself or herself shall be taken.

(4) The procedures according to which the person is placed and kept in a temporary keeping premise and the requirements for arranging and equipping such place shall be determined by the Cabinet.

[13 November 2008]

Section 16. Border Guard as an Inquiry Institution

[13 October 2005]

Section 17. Use of Physical Force, Special Devices, and Service Dogs

(1) Border guards, upon performing service duties, have the right to use physical force, special devices, and also to use service dogs:

1) to repel an attack on border guards and other persons;

2) to arrest persons who, with malicious intent, do not submit to or resist border guards;

3) to restrain the detained and arrested persons if they do not submit to or resist border guards when they are accommodated, removed or transferred under the supervision of security guards, or there is a reasonable suspicion that they may abscond or harm people nearby or themselves;

4) to repel assault to buildings, separate premises and means of transport that are guarded by border guards, as well as to liberate these objects if they have been taken over by armed persons;

5) to interrupt mass disorder and violations of public order if they have been committed in a group of persons.

(2) Before using physical force or special devices, or service dogs, a person must be warned thereof, except for the cases when delay in using physical force or special devices, or service dogs causes a direct threat to the health or life of the border guards or may cause other serious consequences or when such a warning is not possible in the specific situation.

(3) The type of use of physical force, special devices or service dogs shall be determined by taking into account the nature of the specific violation and individual characteristics of a person. In using physical force, special devices or service dogs, the damage caused thereby shall be restricted as much as possible, as well as provision of first aid shall be ensured for victims if it is necessary. If an injury is caused to a person or he or she is dead as a result of the use of physical force or special devices, or service dogs, a border guard shall immediately notify the immediate supervisor who shall notify the prosecutor's office regarding such fact.

(4) It is prohibited to use special wrestling techniques and special devices (except for handcuffs and means of tying), as well as to use service dogs against women, persons with visible signs of disability and minors, except for the cases when their actions threaten the life or health of other persons or when they demonstrate armed resistance or conduct an armed attack.

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

[7 June 2007; 6 March 2008; 13 November 2008]

Section 18. Use of Firearms

(1) A purposeful shot shall be deemed to be use of a firearm.

(2) Border guards have the right to keep and carry a firearm.

(3) A border guard is entitled to use a firearm in order:

1) to repel an armed attack in the territory of Latvia or to terminate armed resistance by attackers;

2) to arrest a person violating the State border, if there is no other way of arresting the person;

3) to repel an attack and to terminate resistance, also an attack and resistance by unarmed persons, if actual threats are created to the life of the border guard or other persons and if it is not possible to prevent such or if it is necessary to prevent an attempt to obtain a firearm through violence;

4) to stop a means of transport, causing damage to it, if its driver through his or her actions is causing actual threats to the life or health of a border guard or other persons and does not submit to a request by a border guard to stop the means of transport and if there is no other way to arrest the driver;

(4) Before using a firearm, a warning that it will be used must be given. If necessary, a warning shot may be given.

(5) A firearm may be used without a warning if the attack is sudden or if weapons or any other type of mechanical means of transport are used in the attack.

(6) A border guard has the right to use a firearm to give an alarm signal or to summon help.

(7) It is prohibited to use a firearm:

1) against women, persons with visible signs of disability and minors except in cases when their actions threaten the life or health of other persons or when they demonstrate armed resistance or conduct an armed attack; and

2) in cases when other persons may suffer as a result of its use.

[6 December 2001; 7 June 2007]

Chapter IV
Border Guard Recruitment

[15 June 2006]

Chapter V
Awarding and Removing of Border Guard Service Ranks, Border Guard Promotion in Service Rank

[15 June 2006]

Chapter VI
Appointment to Positions, Assessment, Transfer, Suspension, Discharge from Position and Retirement from Service of Border Guards

[15 June 2006]

Chapter VII
Wearing of Uniform

[15 June 2006]

Chapter VIII
Legal Protection and Operational Guarantees for Border Guards

Section 41. Legal Protection of a Border Guard

(1) A border guard is a representative of State authority, and the lawful requirements put forward or orders given by him or her in performing service duties are to be mandatorily implemented by all persons. Disobeying the lawful requirements of a border guard shall be punished.

(2) A border guard is under the protection of the State; the life, health, dignity and honour of a border guard are protected by the State.

(3) Defamation of a border guard, resistance to a border guard, threats to the life or health of a border guard, and actions that interfere with the execution of duty shall be punished in accordance with procedures specified by laws.

(4) A border guard shall not be liable for material and physical harm done within the scope of service authorisation to a law-breaker who at the moment of arrest does not submit or resists.

Section 42. Border Guard Remuneration

[15 June 2006]

Section 43. Operational Guarantees for a Border Guard

(1) A border guard shall not be bound by the orders and the decisions of parties and other public and political organisations and movements or their representatives.

(2) Interference with the activities of the border guards by parties and other public and political organisations and movements or their representatives is prohibited.

(3) Border guard actions during necessary self defence, extreme necessity or justified professional risk situations shall not be deemed a violation of the law.

(4) A border guard has the right to appeal in court within a period of a month the decisions taken by officials of the Border Guard or the Ministry of the Interior if the border guard believes that such decisions restrict his or her rights or authority or infringe upon his or her dignity without grounds.

(5) To satisfy the need for culture and sport, border guards may form associations and clubs, the activities of which are regulated by the articles of association adopted and registered in accordance with procedures specified by law.

6) [15 June 2006]

7) [15 June 2006]

[23 November 2000; 15 June 2006]

Section 44. Service and Employment Rights of Border Guards

[15 June 2006]

Section 45. Leave

[15 June 2006]

Section 46. Social Guarantees for Border Guards

[15 June 2006]

Section 46.1 Other Social Guarantees for Border Guards

The border guard who in the interests of the service is transferred to another populated area has the right to exceptionally arrange for his or her child to have a place in a pre-school educational institution

[6 March 2008]

Section 47. Right of a Border Guard to a Dwelling

(1) The Border Guard has the right to purchase residential buildings or separate apartments, as well as to build residential buildings for the requirements of the border guards.

(2) A local government on the basis of a request from the Border Guard may ensure a border guard, who in the interests of the service is transferred to another populated area, with a dwelling space close to the place of service.

3) [15 June 2006]

[24 October 2002; 15 June 2006]

Section 48. Right of Border Guards to Use State and Local Government Means of Transport

[15 June 2006]

Section 49. Prohibitions for Border Guards

(1) A border guard is prohibited from joining in trade unions, organising strikes and participating in them.

(2) Border guards may not participate in political parties and other political organisation and movement activities. For the duration of their service they shall suspend their activities in such.

(3) Immovable property belonging to border guards and property under their administration may not be an obstacle or an impediment to the performance of service duty or their transfer from one unit to another.

(4) [15 June 2006]

[13 October 2005; 15 June 2006 / The words of Paragraph one "joining in trade unions" have been recognised as not corresponding to the Constitution of the Republic of Latvia by the Judgment of the Constitutional Court of 23 April 2014, which entered into effect on 28 April 2014.]

Section 50. Rights of Retired Border Guards and Compensation Provided For Them

[15 June 2006]

Section 51. Border Guard Service Pensions

[15 June 2006]

Transitional Provisions

1. It is provided that the requirements set out in Section 7, Paragraph one and Section 19, Paragraph, Paragraph one of this Law may not be the basis for the discharge of border guards who have been accepted into the service prior to this Law coming into force, if they comply with other requirements set out in this Law, the Law on Official Secrets and the Official Language Law.

2. The Cabinet shall formulate by 31 December 1997 relevant amendments to the laws and regulations of the Republic of Latvia.

3. Persons who were recruited for service in the Border Guard up to 1 July 2002, the length of service which gives the right to a service pension and premium for service shall include 80 per cent of the time worked in other institutions.

[20 June 2002]

4. The provisions of Section 42, Paragraph two of this Law regarding supplements in the amount specified by the Cabinet for border guards for whom service is directly associated with State border control and guarding, shall come into force on 1 August 2003.

[29 May 2003]

5. By the term "komersants" [merchant] used in this Law shall also be understood individual (family) undertakings, farms, fishing undertakings, as well as other undertakings (companies) registered in the Enterprise Register.

[22 April 2004]

6. Unpaid leave allowances for 2005 shall be paid out within the scope of the State budget funds granted for this purpose.

[15 June 2006]

7. Persons who have been recruited for work in the State Border Guard and hold positions of border guards shall continue the work in accordance with the employment contract entered into.

[15 June 2006]

This law shall come into force on 1 January 1998.

This Law has been adopted by the Saeima on 27 November 1997.

President G. Ulmanis

Rīga, 16 December 1997

 


1 The Parliament of the Republic of Latvia

Translation © 2018 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 27.11.1997.Entry into force: 01.01.1998.Theme:  Customs and state border; State security and protectionPublication: Latvijas Vēstnesis, 329/330 (1044/1045), 16.12.1997.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1, 08.01.1998.
Language:
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