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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:

6 November 1995 [shall come into force on 1 December 1995];
27 May 2004 [shall come into force on 28 May 2004];
11 December 2008 [shall come into force on 1 July 2009];
8 May 2014 [shall come into force on 23 May 2014];
4 October 2018 [shall come into force on 17 October 2018];
9 May 2019 [shall come into force on 1 June 2019].

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:

On Preservation, Use of the Documents of the Former Committee for State Security and Establishing the Fact of Cooperation of Persons with the CSS

Section 1. Purpose of this Law

The purpose of this Law is:

1) to ensure the preservation of the documents of the Committee for State Security of the former LSSR (hereinafter - the CSS) as a unified set of historical documents owned by the State;

11) to find the possibility to inform the public of the totalitarian regime governing during the occupation period of Latvia, the total control of the public, the mechanisms and tools of operation of the regime, and also to promote the ability of the public to recognise the consequences of such regime, to overcome them and continue the development of Latvia as a democratic country, to disclose the documents of the CSS at the disposal of the State of Latvia to the public;

2) to determine the procedures by which the CSS documents shall be used;

3) to allow identification and to give a possibility to evaluate the cooperation of certain persons with the CSS;

4) to give a possibility to commence criminal prosecution against persons who have committed crimes by cooperating with the CSS;

5) to provide a possibility for political, legal, and moral rehabilitation of the persons who were repressed, prosecuted, and spied by the CSS;

6) to give a possibility for scientific, historical, and legal research and assessment of the material and moral damage caused by the CSS to the State of Latvia and the inhabitants thereof;

7) to ensure public availability of the CSS documents and a possibility for the persons to use them for their needs in conformity with the provisions of this Law.

[8 May 2014; 4 October 2018]

Section 2. CSS Documents

The CSS documents shall be a part of the national documentary heritage and State property of Latvia. Within the meaning of this Law, the CSS documents shall be all the information carriers regardless of the type and place of recording and storage of the information - files, card-indexes, written documents, and other materials if:

1) at least one author or addressee thereof has been in the CSS;

2) the content thereof applies to any activity directly or indirectly characterising the CSS;

3) they have been found at official or conspiracy premises of the CSS;

4) out of the aggregate thereof it may be established that they apply to employees of the CSS;

5) they are orders, directives, and other documents the common addressee or consignor of which was a ministry of the LSSR, an institution of the LSSR, or a security institution of the LSSR;

6) they are the personal files of the employees of the Ministry of the Interior and institutions of the Interior of the LSSR which were created during the time period when these institutions were joined with a security institution of the LSSR;

7) they belong to the literature issued and accumulated by the CSS, including library stock of the CSS;

8) they contain other information which is related to the activity of the CSS, or they are documents indirectly related to the activity of the CSS (the documents of the former Communist Party of Latvia and state institutions of the occupation period of the USSR which apply to the activity of the CSS or in which the CSS is mentioned).

[8 May 2014; 4 October 2018]

Section 3. Employees, Informants of the CSS and Officials Related to the Activity of the CSS

(1) Within the meaning of this Law, the employees of the CSS are former staff, and also external staff employees of the CSS - the persons who have given their consent to secret cooperation with the CSS and who have provided their reports to the CSS or carried out other tasks assigned by the CSS for consideration or without it.

(2) Within the meaning of this Law, the informants of the CSS are persons who, by not being the employees of the CSS, have knowingly cooperated with the CSS in order to provide secretly the information on other persons or to perform other tasks of the CSS.

(3) Within the meaning of this Law, the CSS agents, residents, keepers of conspiracy apartments, and trusted persons shall be recognised to be the informants of the CSS.

(4) Within the meaning of this Law, the officials related to the activity of the CSS shall be the officials of the Communist Party of the Soviet Union, the Communist Party of Latvia, the USSR, state and soviet institutions of the LSSR who, within the scope of their official duties, controlled, supervised, and ensured the activity of the CSS, gave orders, tasks, orders of the CSS, oriented it to the performance of particular activities or who are mentioned indirectly in the documents related to the activity of the CSS.

[4 October 2018]

Section 4. Victims

(1) Within the meaning of this Law, victims are all persons politically repressed during the period of soviet occupation, and also the persons, except for the staff employees of the CSS, on whom the CSS has collected information.

(2) The same person may have been both the victim and informant of the CSS. In such case all the right restrictions laid down in the laws for informants of the CSS shall apply to such person.

Section 5. Centre for the Documentation of the Consequences of Totalitarianism

(1) The Centre for the Documentation of the Consequences of Totalitarianism is a structural unit of the Constitution Protection Bureau the task of which is implementation of the objectives indicated in Section 1, Clauses 3, 4, and 5 of this Law.

(2) The Centre for the Documentation of the Consequences of Totalitarianism shall digitalise all the documents of the CSS stored therein and store digital copies thereof for the performance of its functions.

[6 November 1995; 4 October 2018]

Section 6. Commission for the Assessment of the Crimes of Totalitarian Regimes

[4 October 2018]

Section 7. Procedures for the Transfer of the Documents of the CSS

(1) Each State authority or institution at the disposal of which the documents of the CSS or certified copies thereof have been transferred has an obligation to transfer them to the National Archives of Latvia, it is prohibited to destroy them. Private individuals at whose disposal the documents of the CSS or certified copies thereof have been transferred shall notify the National Archives of Latvia thereof.

(2) The Centre for the Documentation of the Consequences of Totalitarianism shall identify the documents of the CSS present in other State authorities.

(3) The documents of the CSS present in storage of the Centre for the Documentation of the Consequences of Totalitarianism, after their digitalisation, are transferred to the National Archives of Latvia in conformity with the procedures laid down in this Law and Archives Law. Concurrently with the documents of the CSS, the digital copies of such documents are also transferred to the National Archives of Latvia, including digitalised automated counter-intelligence provision information system "Delta Latvija" of the Information Analysis Section of the CSS of the LSSR.

(4) Digitalisation of the documents of the CSS and transfer thereof to the National Archives of Latvia shall be financed from the funds from the State budget.

[4 October 2018]

Section 7.1 Storage of the Documents of the CSS in the National Archives of Latvia and Use Thereof

(1) The documents of the CSS transferred by the Centre for the Documentation of the Consequences of Totalitarianism shall be appended to the documents of the CSS present in the National Archives of Latvia and they shall be stored in the National Archives of Latvia as indivisible aggregate of documents. All the documents of the CSS present in the National Archives of Latvia shall be the documents to be stored permanently, i.e. documents which shall be stored forever in accordance with the law. The provisions of Section 14, Paragraph three, Clauses 3 and 4 of the Archives Law shall not apply to these documents.

(2) The task of the National Archives of Latvia is to implement the objectives indicated in Section 1, Clauses 1 and 7 of this Law.

(3) The National Archives of Latvia shall ensure storage, public accessibility, and use of the documents of the CSS in accordance with the provisions of the Archives Law and this Law.

(4) The following documents shall be publicly accessible in the National Archives of Latvia without restrictions: the record-keeping card-index of the operative employees of the external staff of the CSS of the LSSR, alphabetic card-index of the CSS Agency of the LSSR, statistic card-index of the CSS Agency of the LSSR, additional record-keeping card-indexes of the CSS Agency of LSSR, record-keeping cards of the agents, residents, and also keepers of meeting and conspiracy apartments of the CSS of the LSSR excluded from the statistic card-index of the CSS Agency of the LSSR, intended for destruction, registration journals of the personal files and work files of the CSS Agency of the LSSR, registration journal of work and archives files, non-performed recruiting materials of the agents of state security bodies excluded from the Agency machinery, and also documents indirectly related to the CSS if they do not contain information on victims or third persons or the information on health condition, sexual orientation, or sexual life of the persons referred to in Section 3 of this Law. Within the meaning of this Law, a third person is a person who is not an employee or informant of the CSS, or an official related to the activity of the CSS, and also is not a victim.

(5) The documents of the CSS of the LSSR and the documents indirectly related to the CSS which contain the information on victims or third persons shall be restricted access documents. These documents are allowed to be used for the purposes of scientific, historical, or legal research for academic, artistic, or literary expression, and also for journalistic needs. In conformity with Sections 31 and 32 of the Personal Data Processing Law, a person has a free access to all personal data referred to in the documents.

(6) A person who requests and obtains information from the documents of the National Archives of Latvia shall be responsible for the use of such information, including personal data.

[4 October 2018; 9 May 2019]

Section 7.2 Documents of the CSS to be Published, the Procedures and Time Periods for the Publication Thereof

(1) The National Archives of Latvia shall publish the following digitalised documents of the CSS and the documents indirectly related to the CSS on its website:

1) telephone books of the employees of the CSS of the LSSR;

2) record-keeping card-index of the operative employees of the external staff of the CSS of the LSSR;

3) alphabetic card-index of the CSS Agency of the LSSR;

4) statistic card-index of the CSS Agency of the LSSR;

5) descriptions to full extent of the fund PA-101 "The Central Committee of the Communist Party of Latvia" of the State Archives of Latvia of the National Archives of Latvia;

6) registration journals of the personal files and work files of the CSS Agency of the LSSR;

7) registration journal of work and archives files, non-performed recruiting materials of the agents of state security bodies and residents excluded from the Agency machinery;

8) operative files and materials of operative files and card-indexes of the CSS of the LSSR;

9) correspondence of the CSS of the LSSR and its predecessors (the People's Commissariat for Internal Affairs, the People's Commissariat for State Security, the Ministry of State Security and the Ministry of the Interior) with the Central Committee of the Communist Party of Latvia and the Council of Ministers of the LSSR;

10) personal files and personal documents of the employees of the CSS and its predecessors within the nomenclature of the Central Committee of the Communist Party of Latvia;

11) personal files of the officials of the Communist Party of the Soviet Union, the Communist Party of Latvia, the USSR, the state and soviet authorities of the LSSR within the nomenclature of the Central Committee of the Communist Party of Latvia related to the CSS, and also personal files of the officials of the Central Committee of the Lenin Communist Youth Union of Latvia;

12) the most significant documents reflecting activities of destruction battalions of the CSS of the LSSR and its predecessors;

13) the documents of the Friendship and Culture Relations Association of Latvia and Foreign Countries, the Committee of Latvia for the Relations with Nationals Abroad, the Latvian Committee for Peace Defence, the Youth Organisations Committee of the LSSR, the Riga Association of the State Foreign Tourism Committee of the USSR and files related to these organisations;

14) additional record-keeping card-index of the CSS Agency of the LSSR;

15) record-keeping cards of the agents, residents, and also keepers of meeting and conspiracy apartments of the CSS of the LSSR excluded from the statistic card-index of the CSS Agency of the LSSR and intended for destruction;

16) other documents of the CSS of the LSSR and the documents indirectly related to the CSS in conformity with the provisions of this Law in respect to personal data protection.

(2) Personal data of the persons referred to in Section 3 of this Law which are included in the documents of the CSS, except for the personal data which indicate to health condition, sexual orientation, or sexual life shall be fully published.

(3) The National Archives of Latvia shall carry out the research, selection, publication, processing of the documents of the CSS referred to in this Section, including covering of personal data not to be published, publication on a specially established website and supplementation of the document publications with scientific comments, explanations, and operative parts or resolution parts of court rulings made in the cases regarding establishing the fact of cooperation.

(4) When publishing the documents where the persons indicated in Section 3 of this Law are mentioned, the National Archives of Latvia shall provide additional information at its disposal in scientific comments and explanations regarding the sentence or judgment of acquittal of a person, or his or her prosecution in the cases regarding crimes against humanity, genocide, war crimes, crimes against the state.

(5) The information published by the National Archives of Latvia shall be information of informative nature and shall not cause any legal consequences without appropriate establishment of the fact in a court ruling.

(6) The Cabinet shall determine the procedures by which access to the data published on the website of the National Archives of Latvia shall be ensured, stipulating that the rights of a data subject laid down in Articles 15, 16, 18, 19, and 21 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) are not applied, insofar as it may be precluded or it does not significantly hinder achievement of the objectives of this Law, to the publication of personal data of the persons referred to in Section 3 of this Law.

(7) [1 January 2019 / See Paragraph 16 of Transitional Provisions]

[4 October 2018; 9 May 2019 / See Paragraph 19 of Transitional Provisions]

Section 8. Obligation of the Employees and Informants of the CSS to Provide Explanations

(1) The officials of the Centre for the Documentation of the Consequences of Totalitarianism have the right to request former employees and informants of the CSS that they provide explanations on their activity in the CSS and on the general activity, structure, employees, and informants of the CSS. These persons have the right not to testify against themselves if these explanations may cause unfavourable criminal legal consequences for them.

(2) The persons who refuse to provide explanations or provide knowingly false explanations shall be held liable in accordance with the law.

(3) The explanations of employees and informants of the CSS shall be permanently stored documents which may not be destroyed. Until transfer of explanations for storage to the National Archives of Latvia, they shall be stored at the Centre for the Documentation of the Consequences of Totalitarianism.

[8 May 2014]

Section 9. Non-disclosure of Information

[4 October 2018]

Section 10. Use of the Documents of the CSS which are at the Disposal of the Centre for the Documentation of the Consequences of Totalitarianism

[1 May 2019 / See Paragraph 17 of Transitional Provisions]

Section 11. Rights of the State Security Institutions

[4 October 2018]

Section 12. Request of a Person

(1) Any person may request a statement in writing from the Centre for the Documentation of the Consequences of Totalitarianism on whether there are documents of the CSS on this person at its disposal. The Centre shall provide a reply about the documents at its disposal within a month.

(2) If a reply is affirmatory, a person has the right to become acquainted with these documents, insofar as it does not infringe the interests of a third person, to receive extracts therefrom, and also to apply to the Office of the Prosecutor with an application on the establishment of the fact of cooperation in accordance with the procedures of Section 14 of this Law.

(3) A person to whom the status of a politically repressed person has been granted has the right to request and receive all the information from the Centre for the Documentation of the Consequences of Totalitarianism, including the information on those employees and informants of the CSS who were involved in the activities of the CSS against the particular politically repressed person.

(4) The person who has evidence that he or she has been prosecuted due to ideological motives, has been placed in prisons or placed in the institutions by forced execution where compulsory measures of medical nature have been applied to such person has the right to request and receive all the information from the Centre for the Documentation of the Consequences of Totalitarianism, including the information on those employees and informants who were involved in the activities of the CSS against the particular person.

(5) [1 May 2019 / See Paragraph 17 of Transitional Provisions].

[8 May 2014; 4 October 2018]

Section 13. Request of an Institution and Elected Authority

(1) The Presidium of the Saeima, the chairperson of the republic city council and municipality council have, not later than within a month after the Saeima or the relevant council has convened for the first sitting, the obligation to request a statement from the Centre for the Documentation of the Consequences of Totalitarianism on whether there are the documents at its disposal, the National Archives of Latvia or other storage facilities of the State which indicate that the elected members of Parliament could have been employees or informants of the CSS (Section 3).

(2) The head of any State or local government institution has the obligation, in respect of the person who holds such office in the relevant institution in which, in accordance with laws, it is prohibited to be employees or informants of the CSS, to request a statement from the Centre for the Documentation of the Consequences of Totalitarianism on whether there are documents at its disposal, in the National Archives of Latvia or other storage facilities of the State which indicate that the relevant person could have been an employee or informant of the CSS (Section 3). Such statement shall be requested not later than within two weeks after the person on whom the statement is being requested has started to perform his or her official or service duties.

(3) Such statement need not be requested on persons who have attained 18 years of age after 21 August 1991.

(4) If a reply is affirmatory but the person on whom the statement is requested from the Centre for the Documentation of the Consequences of Totalitarianism denies his or her cooperation with the CSS, the Presidium of the Saeima, the chairperson of the republic city council and municipality council have the obligation to submit an application for the establishment of the fact of cooperation to the Office of the Prosecutor of the relevant region or republic city within two weeks after receipt of the statement.

[11 December 2008; 8 May 2014]

Section 14. Establishing of the Fact of Cooperation in Accordance with Special Procedures

(1) The Office of the Prosecutor shall, after the application for the establishment of the fact of cooperation has been received not later than within five working days, initiate an examination case, notifying the person to be examined thereof in writing.

(2) The examination is carried out in accordance with the procedures laid down in this Law, and it shall be carried out by a prosecutor specially authorised by the Prosecutor General.

(3) From the moment of initiating an examination case, the person to be examined has the right to know in relation to what the examination is being carried out, to invite a lawyer, to submit evidence and provide testimonies, to apply rejections and requests, to submit complaints to the Prosecutor General on the activities and decisions of the prosecutor who is carrying out the examination.

(4) The invited lawyer has the same rights and obligations in the examination case as a defender in pre-trial investigation in criminal matters.

(5) The time period for pre-trial investigation time shall be two months. In exceptional case, the Prosecutor General may extend this time period up to six months.

(6) In cases regarding the establishment of the fact of cooperation, the following circumstances shall be proven during the pre-trial investigation:

1) the fact that cooperation with the CSS has occurred (time, place, type, form, and other circumstances);

2) the subjective attitude of the person towards cooperation (whether this cooperation has been intentional or unintentional).

(7) Any facts on the basis of which a prosecutor and court establish, in accordance with the procedures laid down in the law, whether intentional cooperation with the CSS has occurred shall be regarded to be evidence in the examination case. These facts may be established by testimonies of witnesses, expert opinion, material evidence, documents, and minutes of the examination case.

(8) A prosecutor may carry out the following activities for the collection of evidence:

1) to interrogate witnesses and make confrontation;

2) to remove samples for comparative research;

3) to make expert-examinations and interrogate experts;

4) to invite specialists;

5) to verify testimonies on site and make investigation experiments;

6) to carry out drawing of persons or items;

7) on the basis of the decision of the judge, to make search, to seize the post and telegraph correspondence of the person to be examined, and to overhear his or her phone calls.

(9) The activities referred to in Paragraph eight of this Section for the collection of evidence are carried out under rigid conformity with the procedures for the performance of investigative actions laid down in the Criminal Procedure Law. The persons invited in the examination case are warned that they are responsible for knowingly giving false testimony and for refusal to give a testimony.

(10) A person to be examined and his or her close relatives have the right not to testify against himself or herself or his or her relative, but if they agree to give a testimony all the rights and obligations of witnesses shall apply to them.

(11) Having regard to the circumstances of an examination case, in order to ensure personal safety of witnesses and other persons who are participating in the case, the introductory part of the investigative action where there is information on these persons may be drawn up separately, where necessary. In the main part of the minutes, a pseudonym may be mentioned instead of the given name and surname of the participant in the case upon his or her consent, indicating mandatorily that this person has been explained his or her rights and obligations but, in the cases provided for in the law, he or she shall be warned regarding liability. Only a prosecutor, lawyer, secretary of the court hearing, and judges who are examining the case may become acquainted with the introductory part of the minutes drawn up in accordance with such procedures.

(12) If a specially authorised prosecutor recognizes that cooperation of a person with the CSS is comprehensively proven, he or she shall write an opinion of a prosecutor which consists of the introductory part, the descriptive part, and the final part:

1) information on the person to be examined shall be provided in the introductory part: the given name, surname, age, place of birth, citizenship, nationality, marital status, place of work and position held, place of residence, criminal records, and also reason for carrying out the examination;

2) the circumstances proven in the examination case, essence of the cooperation, time, place, motives, type and form of cooperation, and also other significant circumstances shall be provided in the descriptive part. Moreover, explanations and considerations of the person to be examined which he or she defines for his or her defence and results of examination of such considerations, and also analysis of other evidence shall be mentioned;

3) a prosecutor shall provide an opinion in the final part on whether intentional cooperation with the CSS has occurred.

(13) Afterwards the person to be examined and his or her lawyer shall be made familiar with the examination case and opinion of a prosecutor; the person to be examined and his or her lawyer have the right to make requests on performance of additional activities; the prosecutor shall take a decision thereon within three days and notify the submitters thereof.

(14) When the examination case is presented and decision on submitted requests is taken, a prosecutor shall send the case to a district (city) court according to the place of residence of the person to be examined for the establishment of existence or non-existence of the fact of intentional cooperation. If the person to be examined recognises the fact of cooperation and asks to terminate the examination case, the case shall be terminated.

(15) After sending the examination case to the court, all requests and complaints in such case shall be sent to the court directly.

[8 May 2014]

Section 15. Examination at Court of the Cases Regarding Establishment of the Fact of Cooperation with the CSS

(1) Not later than within five days after receipt of the examination case at the court, a judge shall examine this case and take a decision on that the case is prepared for trial, or on its forwarding for making additional examination. If the case is prepared for trial, the judge shall determine:

1) the place and time of the trial;

2) the persons to be summoned to the court hearing;

3) the necessity to invite an interpreter.

The judge shall notify the person to be examined, his or her lawyer, and the prosecutor of the decision taken in writing, and also ensure invitation of the necessary persons.

(2) A judge shall determine examination of the case not later than 10 days after the decision on that the case is prepared for trial has been taken.

(3) A prosecutor, a person to be verified and his or her lawyer shall be parties to adjudicating proceedings of the case. The parties have equal rights to submit evidence, to participate in interrogation and assessment of evidence, to submit applications, to express their opinion in any issue which has meaning in correct adjudication of the case, and to speak in court debates. Upon motivated request of the parties, the court may take the decision to examine the case in a closed court hearing.

(4) The secretary of a court hearing shall take minutes of the hearing.

(5) Examination of the examination case shall take place in accordance with the same procedures as examination of criminal cases in a court of first instances, taking into account the exceptions provided for in this Law:

1) examination of evidence shall commence at a court by reading the opinion of a prosecutor on the fact of cooperation proven during the course of pre-trial examination. Then the chairperson of the hearing shall ask the person to be examined whether he or she confirms the fact of his or her cooperation with the CSS, afterwards the court shall carry out direct examination and assessment of evidence;

2) after examination of evidence, the court shall move over to the court debates. During the court debates, the following participants in the case shall speak: the prosecutor, the person to be examined and his or her lawyer;

3) if the person to be examined, when expressing his or her opinion, provides information on new circumstances which have a significant meaning in the case, the court may resume examination of evidence by either its preference or upon the request of participants in the proceedings.

(6) When giving a ruling, a court shall decide on the following issues in a discussion room:

1) whether the person to be examined has been the employee or informant of the CSS;

2) how to act with the documents and other items removed in the case.

(7) The judgment on the establishment of the fact of cooperation shall enter into effect when the time period for appeal or protest thereof specified in the law has expired if a complaint or protest is not submitted. Submission of a complaint or protest on the judgment within the time period provided for in the law shall suspend entering into legal effect of such judgment.

(8) In respect of a court judgment on the establishment of the fact of cooperation, a person to be examined and his or her lawyer have the right to submit a complaint, but a prosecutor - a protest in accordance with the appeal and cassation procedures in accordance with the provisions provided for in the Criminal Procedure Law regarding appeal of judgments and submission of protests in criminal cases.

(9) Within ten working days after entering into effect of the judgment, the court shall send a true copy thereof to the National Archives of Latvia to add them to the CSS documents present therein and to the Centre for the Documentation of the Consequences of Totalitarianism.

(10) [4 October 2018].

[8 May 2014; 4 October 2018]

Section 16. Consequences of Cooperation

If a person - in the cases when a law or employment contract requires it - has declared that he or she has not been the employee or informant of the CSS, but the court establishes that he or she has been the employee or informant of the CSS, then such person shall lose his or her office or mandate of the member of the Parliament with entering into effect of the court judgment, and employment or service relations with such person are terminated.

Section 17. Limitation Period of the Establishment of the Fact of Cooperation

(1) After 50 years of entering into effect of this Law, the establishment of the fact of cooperation with the CSS in accordance with the procedures laid down in Sections 14 and 15 of this Law shall not be permissible and his or her possible cooperation with the CSS may not be used in legal relations in respect of such person.

(2) The Cabinet shall, not less than every five years, assess the necessity and justification of the restrictions laid down in laws for employees and informants of the CSS.

[8 May 2014]

Section 18. Use of the CSS Documents for Scientific Purposes and Publication Thereof

[4 October 2018 / See Paragraph 18 of Transitional Provisions]

Section 19. Liability for the Violations of this Law

Persons for whom the confidential information on the documents of the CSS indicated in this Law has become known by fulfilling their service duties may not disclose such information also after termination of service relations.

[4 October 2018]

Transitional Provisions

1. Until the moment when the by-laws of the Centre for the Documentation of the Consequences of Totalitarianism approved by the Cabinet come into force, the operation of the Centre for the Documentation of the Consequences of Totalitarianism shall be governed by this Law and other laws, and also by the by-laws of the Centre for the Documentation of the Consequences of Totalitarianism approved by the Presidium of the Supreme Council of the Republic of Latvia.

2. From the moment when the by-laws of the Centre for the Documentation of the Consequences of Totalitarianism approved by the Cabinet come into force, the Decision of the Presidium of the Supreme Council of the Republic of Latvia, On Approval of the By-laws of the Investigation Commission for the Crimes of Totalitarian Regimes and the By-laws of the Centre for the Documentation of the Consequences of Totalitarianism (Latvijas Republikas Augstākās Padomes un Valdības Ziņotājs, 1992, No. 20/21; 1993, No. 20/21), is repealed.

3. The Cabinet shall, within a month, develop the regulations provided for in Section 18, Paragraph two of this Law.

4. From the time when the new wording of Section 5 of this Law comes into force, the Centre for the Documentation of the Consequences of Totalitarianism within the composition of the Ministry of Justice shall be liquidated, transferring it at the disposal of the Constitution Protection Bureau.

[6 November 1995]

5. The immovable and movable property of the Centre for the Documentation of the Consequences of Totalitarianism, and also all the documents shall be taken over by the Constitution Protection Bureau.

[6 November 1995]

6. The Cabinet shall transfer the financing intended for the Centre for the Documentation of the Consequences of Totalitarianism of the Ministry of Justice in the budget of 1995 to the Constitution Protection Bureau.

[6 November 1995]

7. The Cabinet shall, by 1 June 2005, assess the necessity and justification of the restrictions laid down in the laws for the staff and external staff employees of the CSS, and also informants of the CSS. The Cabinet shall submit the assessment of the restrictions laid down in these laws to the Saeima.

[27 May 2004]

8. The scientific research of the CSS documents referred to in Section 18, Paragraph 1.2 of this Law shall be carried out by 31 May 2018. The Cabinet shall, by 1 January 2015, establish the commission referred to in Section 18, Paragraph 1.2 of this Law.

[8 May 2014]

9. The Cabinet shall, by 31 October 2018, issue the regulations referred to in Section 18, Paragraph two of this Law. Until the day of coming into force of this Regulation, Cabinet Regulation No. 151 of 13 June 1995, Regulations Regarding the Procedures for Use of the Documents of the Committee for State Security at the Disposal of the Centre for the Documentation of the Consequences of Totalitarianism, shall be applied insofar as they are not in contradiction with this Law.

[8 May 2014]

10. The Centre for the Documentation of the Consequences of Totalitarianism shall identify the documents of the CSS present in other State authorities until 30 November 2018.

[4 October 2018]

11. Authorities or institutions shall transfer the documents of the CSS and certified copies thereof stored by them to the National Archives of Latvia until 31 December 2018.

[4 October 2018]

12. The Centre for the Documentation of the Consequences of Totalitarianism shall digitalise the telephone book of 1988 of the employees of the CSS of the LSSR, record-keeping card-index of the operative employees of the external staff of the CSS of the LSSR, alphabetic card-index and statistic card-index of the CSS Agency of the LSSR by 27 December 2018. The Centre for the Documentation of the Consequences of Totalitarianism shall digitalise other documents at its disposal by 30 April 2019.

[4 October 2018]

13. The transfer of the documents of the CSS and digital copies thereof stored by the Centre for the Documentation of the Consequences of Totalitarianism to the National Archives of Latvia shall be commenced not later than on 28 December 2018 and completed on 30 April 2019.

[4 October 2018]

14. The National Archives of Latvia shall ensure public availability, publication, and use of the digitalised documents of the CSS and the documents indirectly related to the CSS transferred for storage to it starting from 1 May 2019.

[4 October 2018]

15. Courts shall, by 31 December 2018, send true copies or certified copies of the judgments regarding establishment of the fact of cooperation with the CSS which have entered into effect to the National Archives of Latvia to add them to the existing documents of the CSS in the cases for the transfer of which for permanent storage by the State in the National Archives of Latvia the specified time period sets in after 31 December 2018.

[4 October 2018]

16. Section 7.2, Paragraph seven of this Law shall be in force until 31 December 2018.

[4 October 2018]

17. Amendments to this Law by which Section 10 and Section 12, Paragraph five are deleted shall come into force on 1 May 2019.

[4 October 2018]

18. The title and Paragraph one of Section 18 of this Law shall be in force until 30 April 2019.

[4 October 2018]

19. Starting from 1 June 2019, the provisions of Section 7.2, Paragraph three of this Law shall also be applied to those documents referred to in Paragraph one, Clauses 1, 2, 3, 4, and 5 of this Section which have been published by the National Archives of Latvia on its website in electronic format (PDF format) until 31 December 2018.

[9 May 2019]

The Law shall come into force on the day following its proclamation.

The Law has been adopted by the Saeima on 19 May 1994.

President G. ULMANIS

Rīga, 2 June 1994


1 The Parliament of the Republic of Latvia

Translation © 2022 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Par bijušās Valsts drošības komitejas dokumentu saglabāšanu, izmantošanu un personu sadarbības .. Status:
In force
in force
Issuer: Saeima Type: law Adoption: 19.05.1994.Entry into force: 03.06.1994.Theme: State security and protectionPublication: Latvijas Vēstnesis, 65, 02.06.1994.
Language:
LVEN
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