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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:

10 August 1995 [shall come into force from 29 August 1995];
12 June 1997 [shall come into force from 15 July 1997];
27 June 2002 [shall come into force from 24 July 2002];
16 June 2005 [shall come into force from 1 October 2005];
13 October 2005 [shall come into force from 27 October 2005];
11 October 2007 [shall come into force from 8 November 2007];
26 March 2009 [shall come into force from 22 April 2009];
10 December 2009 [shall come into force from 1 January 2010];
1 March 2012 [shall come into force from 4 April 2012];
10 March 2016 [shall come into force from 1 August 2016].

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:

Operational Activities Law

This Law prescribes the legal basis, principles, tasks, objectives and substance of operational activities, governs their process, forms and types, the official status, rights, duties and responsibilities of officials of bodies performing operational activities, and the financing, supervision and monitoring of such operations.

Chapter 1
GENERAL PROVISIONS

Section 1. Concept of Operational Activities

Operational activities are the overt and covert legal activities of specially authorised - in accordance with the procedures laid down in this Law, and by law - officials of State authorities, the objectives of which are the protection of the life and health, rights and freedoms, honour, dignity and property of persons and the safeguarding of the Constitution, the political system, national independence and territorial integrity, the capabilities of the State regarding defence, the economy, science and technology, and State official secrets, against external and internal threats.

Section 2. Tasks of Operational Activities

(1) The tasks of operational activities are:

1) protecting of persons against criminal threats;

2) preventing, deterring and detecting of criminal offences, and the determining of persons committing criminal offences and the sources of evidence;

3) searching for persons who, in accordance with procedures laid down in law, are suspected of, have been accused of or have been convicted of committing a criminal offence;

4) searching for property acquired through crime, and also other property (also financial resources) that may be subject to arrest in relation to committing a criminal offence;

5) searching for such persons who have left their permanent or temporary place of residence suddenly and without obvious reason, deviate from their usual lifestyle and it is not possible to reach them, as well as searching for minors and such persons who are to be taken care of because of their age, physical or mental condition or illness, but who have left home, medical treatment institutions or other places of residence (missing persons);

6) detecting and preventing threats to national independence, constitutional system, territorial integrity, economic sovereignty, military potential, and also other threats to national or public security;

7) protecting of the official secret;

8) acquiring information regarding particular persons, if an issue regarding access of such persons to official secret, classified information of the North Atlantic Treaty Organisation, the European Union or foreign authorities, or an issue regarding the rights of persons to such occupation or position in respect of which the law provides for provision of an opinion of national security institutions or institutions ensuring public order and security, is to be decided;

9) in the cases laid down in the law - provision of special protection of persons.

(2) Operational activities measures for the realisation of other tasks and purposes are prohibited.

[12 June 1997; 27 June 2002; 26 March 2009; 10 March 2016]

Section 3. Legal Basis of Operational Activities

(1) The legal basis of operational activities is the Constitution of the Republic of Latvia, the Criminal Procedure Law, this Law, and also other laws and international agreements governing the tasks, rights and duties of the bodies that ensure national security, defence, economic sovereignty and public order, and also fundamental rights of persons.

(2) State authorities which by law have been assigned the right to conduct operational activities, shall within their competence and in accordance with this Law issue internal laws and regulations with respect to the organisation, methods, tactics, means and recording of such activities. Such laws and regulations shall come into force only after the Prosecutor General has approved them.

(3) [10 March 2016]

[27 June 2002; 13 October 2005; 11 October 2007; 10 March 2016]

Section 4. Principles of Operational Activities

(1) Operational activities shall be organised and performed on a lawful basis, complying with the fundamental rights of persons, and in co-operation with inhabitants and relying on their assistance.

(2) In performing operational activities measures it is prohibited to cause physical harm or material damage to persons, to endanger the life and health of people; to threaten the use of or use physical means of coercion; to incite people to criminal acts, and to cause significant harm to the environment.

(3) Operational activities measures, and the manner, scope and intensity of the conducting thereof, shall be commensurate to the form and danger level of the threat. Operational activities shall be conducted so as to interfere as little as possible with the fundamental rights of persons.

(4) Operational activities measures shall be initiated and performed only if fulfilment of the tasks referred to in Section 2 and achievement of the objectives laid down in Section 1 of this Law are not possible by means and methods provided for in the Criminal Procedure Law or other procedural laws, or by other means, or are significantly more difficult. If necessity for the performance of an operational activities measure does not exist anymore or the basis has been lost, the performance thereof shall be discontinued.

(5) Operational activities measures shall be performed without regard to the origin, service and financial situation and office of persons, their citizenship, race or ethnic affiliation, attitude towards religion, political views and affiliation with political parties, public organisations, associations or other circumstances. The abovementioned factors shall not influence operational activities, unless it has been specially laid down in law.

(6) The bodies performing operational activities and their officials are prohibited from acting directly or indirectly in the interests of political parties, organisations and movements or persons, and from being involved in State authority and administrative bodies, Office of the Prosecutor and court institutions, and the activities of public, political and religious organisations in order to influence or affect them, except in cases where such is necessary to prevent or uncover criminal offences.

(7) It is prohibited to purposefully acquire information by operational activities measures while professional assistance by sworn lawyers, physicians, psychologists and ministers of registered religious organisations is provided, except the cases when the investigatory process is carried out in respect of the abovementioned persons in accordance with the procedures laid down in this Law.

[27 June 2002; 10 March 2016]

Section 5. Protection of the Rights and Freedoms of a Person

If a person believes that a body performing operational activities has, through its actions, infringed the lawful rights and freedoms of the person, such person is entitled to submit a complaint to a prosecutor who, after conducting an examination, shall provide an opinion with respect to the conformity of actions of the officials of the body performing the operational activities with the law, and also the person may turn to the court.

[10 March 2016]

Chapter 2
SUBSTANCE OF OPERATIONAL ACTIVITIES

Section 6. Substance of Operational Activities

(1) The substance of operational activities is operational activities measures and the methods of their implementation. The operational activities measures are:

1) investigatory inquiring;

2) investigatory surveillance (tracing);

3) investigatory inspection;

4) investigatory acquisition of samples and investigatory research;

5) investigatory examination of a person;

6) investigatory entry;

7) investigatory experiment;

71) controlled delivery;

8) investigatory detective work;

81) investigatory monitoring of transactions in the account of a client of a credit institution or financial institution;

9) investigatory monitoring of correspondence;

10) investigatory acquisition of information expressed or stored by a person through technical means;

11) investigatory wiretapping of conversations;

12) investigatory video surveillance of a place not accessible to the public.

(2) This Section provides a complete listing of operational activities measures, and it may be modified or expanded only by law.

(3) In the course of operational activities measures, recordings may be made with video and audio, cinematography and photography equipment, and various information systems and technical, chemical and biological means may be used. Such means shall be used so as to not cause harm to the health of the population or the environment. The procedures for using such means shall be determined by the body performing operational activities.

[13 October 2005; 10 December 2009; 1 March 2012; 10 March 2016]

Section 7. General and Special Method of Performing Operational Activities Measures

(1) The operational activities measures indicated in Section 6 of this Law may be performed in accordance with the general or special method.

(2) Operational activities measures shall be performed according to the general method, if the tactics, form and scope of their performance do not significantly infringe the fundamental rights of persons. Such measures shall be initiated by an official with the approval of his or her immediate manager (supervisor) or the deputy manager if it is not otherwise provided for in this Law.

(3) Operational activities measures in the course of which there is significant infringement of the fundamental rights of persons, shall be conducted according to the special method - i.e. with the approval of the Chief Justice of the Supreme Court or a Justice of the Supreme Court specially authorised by him or her, or if it is provided for in the law - by approval of the prosecutor.

(4) Investigatory monitoring of correspondence, investigatory acquisition of information expressed or stored by a person by technical means, investigatory covert monitoring of non-public conversations (including by telephone, by electronic or other means of communication), investigatory video surveillance of a place not accessible to the public, investigatory monitoring of transactions in the account of the client of a credit institution or financial institution, investigatory entry and prolonged investigatory surveillance (tracing) shall be performed only in accordance with the special method and with the approval of the Chief Justice of the Supreme Court or a Justice of the Supreme Court specially authorised by him or her. A permission to perform such operational activities measures may be issued for a time period of up to three months and may be extended in case of justified necessity for a time period of up to three months. The number of times for extending the abovementioned permission is not limited, however, performance of the relevant operational activities measures shall be permissible only while investigatory process is being carried out.

(5) In cases where immediate action is required in order to avert or detect terrorism, murder, gangsterism, riots, other serious or especially serious crime, as well as where the lives, health or property of persons are in real danger, the operational activities measures referred to in Paragraph four of this Section may be performed with the approval of a prosecutor. Approval of a judge must be obtained on the following working day, but not later than within 72 hours.

(6) The approval of a judge shall not be necessary where the body performing the operational activities, on the basis of a written submission by a specific person, is wiretapping the conversations of such person.

(7) [10 March 2016]

[12 June 1997; 27 June 2002; 13 October 2005; 10 December 2009; 1 March 2012; 10 March 2016]

Section 8. Methods of Operational Activities

(1) A method of operational activities is the aggregation of operational activities measures, means and tactics, and the sequence and procedures for performing them for the fulfilment of the specific operational activities tasks referred to in Section 2 and for the achievement of the objectives laid down in Section 1 of this Law.

(2) Operational activities methods shall be formulated in accordance with the procedures laid down in Section 3, Paragraph two of this Law.

(3) The organisation, methodology and tactics of operational activities measures are an official secret.

[27 June 2002; 10 March 2016]

Section 8.1 Distribution of Information via the Integrated Interior Information System

(1) If it is necessary to ascertain the location of a person, property or document for the fulfilment of the tasks referred to in Section 2 of this Law and for the achievement of the objectives of operational activities, the official of the body performing operational activities may take a decision to include information in the Integrated Interior Information System in order to ascertain the location of the person, property or document.

(2) If, during the process of operational activities, there is no more need or grounds for ascertaining the location of a person, property or document, the body performing operational activities shall take a decision to delete information from the Integrated Interior Information System.

(3) The Cabinet shall determine the amount of the information to be included in the Integrated Interior Information System, the basis and objective of inclusion of information, the procedures for inclusion, use and deletion of information, the institutions which shall be granted access to the information included, as well as the action to be taken upon detecting a person, property or document regarding whom or which information has been included in the Integrated Interior Information System.

[26 March 2009]

Section 9. Investigatory Inquiring

(1) Investigatory inquiring is the overt or covert activity of officials of bodies performing operational activities in the course of which, with the help of investigatory questioning, investigatory ascertainment, investigatory acquisition of data from merchants of electronic communications, investigatory determination and investigatory acquisition of information from credit institutions or financial institutions, information is obtained regarding facts, persons and things.

(2) Investigatory questioning shall be performed by questioning persons regarding facts in which the bodies performing operational activities are interested.

(3) Investigatory ascertainment shall be performed by gathering information regarding specific persons.

(4) Investigatory determination shall be performed by finding out information from persons if there is reason to believe that such information is available to the relevant persons but they do not wish to provide it directly.

(5) Investigatory acquisition of data from merchants of electronic communications - i.e., acquisition of such data, the preservation of which is laid down in the law in respect of the merchant (preservable data) - shall be performed with the approval of the head (chief) of the institution of the body performing operational activities or an official authorised by him or her, requesting data from merchants of electronic communications. If preservable data in respect of the identified person in a particular operational activities procedure are requested in total for a time period of time exceeding 30 days, the approval of the specially authorised chief justice of the district (city) court shall be required for the request of the body performing operational activities.

(6) Investigatory acquisition of information from credit institutions or financial institutions - that is, requesting of confidential information or documents containing such information at the disposal of credit institutions or financial institutions - shall be performed with the approval of the Chief Justice of the Supreme Court or a Justice of the Supreme Court specially authorised by him or her.

[10 December 2009; 10 March 2016 / Amendments to Paragraph five which provides for acquisition of data to be preserved with an approval of the specially authorised district (city) court judge, shall come into force on 1 January 2020. See Paragraph 7 of Transitional Provisions]

Section 10. Investigatory Surveillance (Tracing)

(1) Officials of the body performing operational activities are entitled to carry out the surveillance (tracing) of persons, different stationary and mobile objects and persons associated with them.

(2) If the body performing operational activities has available well-founded information regarding a criminal offence prepared or having been committed by a person or threat to national or public security caused thereby, the prolonged investigatory surveillance (tracing) of such person shall be permitted.

(3) A prolonged investigatory surveillance (tracing) of such person who is associated with the person referred to in Paragraph two of this Section or the object referred to in Paragraph one of this Section, a person to be sought, a property acquired through crime and other property (also financial resources) that may be subject to arrest in relation to committing a criminal offence, shall also be permitted, if there are grounds for considering that such prolonged investigatory surveillance (tracing) of the person will allow to find out the circumstances of committing the criminal offence or the location of the person who committed it, the person to be sought, to prevent or discover threat to national or public security, or allow to identify or find out the property referred to in this Section.

(4) Surveillance (tracing) of a person shall be regarded to be prolonged investigatory surveillance (tracing) which during the particular operational activity procedure secretly lasts more than 30 days. Prolonged investigatory surveillance (tracing) is permissible only in the cases of investigatory process.

[10 March 2016]

Section 11. Investigatory Inspection

(1) Officials of the bodies performing operational activities are entitled, without disclosing their official affiliation and the true reason, to inspect the premises, territory and other publicly accessible property.

(2) Apartments, premises, transport vehicles, territory and other property which is not accessible to the public may be inspected by entering or approaching such only with the consent of the relevant possessor.

[13 October 2005; 26 March 2009]

Section 12. Investigatory Acquisition of Samples and Investigatory Research

(1) Officials of the bodies performing operational activities are entitled to obtain samples of the handwriting, voice and odours of persons, their fingerprints, things and parts and copies thereof, materials, substances and products, traces of the actions of persons and animals, excretions of persons and animals, and other samples, samples of finished goods, partially processed goods, raw and other materials, documents and copies thereof, and other things.

(2) Investigatory research shall be performed by comparison techniques and other techniques, researching various things and parts and copies thereof, materials, substances, products, goods, manufactured articles, traces of the actions of persons and animals and of the excretions of persons and animals.

(3) Results of investigatory research of samples shall not be used as procedural evidence.

Section 13. Investigatory Examination of a Person

Investigatory examination of a person shall be performed without revealing to the person the interests of the body performing operational activities and the purpose of the examination, and by specially creating such conditions as will cause the person to be in a situation that would make feasible the performing of such operational activities.

Section 14. Investigatory Entry

Investigatory entry shall be performed by covertly gaining access to an apartment, premises, transport vehicles or other facilities not open to the public, in order to ensure the carrying out of operational activities measures. Investigatory entry is permitted only in cases of investigatory process.

Section 15. Investigatory Experiment

(1) An investigatory experiment is the action of officials of bodies performing operational activities the purpose of which is to create specific circumstances (situations) in order to determine the persons or things of interest, or to determine the actions of persons regarding whom the investigatory process is being conducted, or the movement of things, in such circumstances, and to determine the motivation (subjective aspect) of such persons for their actions.

(2) An operational experiment may also be conducted in order to:

1) verify the feasibility of actions of persons and the objectives of such;

2) model the possible actions of persons and verify the existence or movement of things;

3) create a favourable situation for the body performing operational activities to resolve the investigatory tasks.

(3) An investigatory experiment the purpose of which is to record how persons in relation to whom the investigatory process is being conducted, act in a situation eliciting a criminal or other illegal act, shall be performed on the basis of the decision of the official of the body performing operational activities approved by the prosecutor.

[10 March 2016]

Section 15.1 Controlled Delivery

(1) Controlled delivery is the movement of goods or other valuables (including substances, means of payment or other financial instruments) in the territory of Latvia or across the State borders and the control of persons associated with such movement the purpose of which is to prevent or detect criminal offences and to ascertain the persons committing such offences, if information has been received or there are justified suspicions regarding the association of the goods or other valuables to be moved with criminal offences.

(2) In performing such controlled delivery of goods and substances, the free sale and purchase of which is prohibited by laws and regulations or the abovementioned activities require a special permit, the goods or substances may be fully or partially seized or exchanged.

(3) Controlled delivery is not permitted if it is not possible to fully prevent:

1) the endangerment of the life or health of persons;

2) the spread of substances dangerous to the life of persons;

3) [26 March 2009]; or

4) an ecological catastrophe or the irreversible loss of property.

(4) Controlled delivery shall be performed on the basis of a decision of an official of an operational activities body which has been approved by a prosecutor.

(5) If during implementation of a controlled delivery also other special method operational activities measures shall be performed, permission for the implementation of such must be obtained in accordance with the procedures laid down in this Law.

[13 October 2005; 26 March 2009; 10 March 2016]

Section 16. Investigatory Detective Work

(1) Investigatory detective work is operational activities measures that are performed in public places directly (in person) by an official of the body performing operational activities in order to determine, by surveillance and tracing, facts, things and persons related to criminal activity, to prevent or uncover criminal offences, threats to national or public security, and also to search for suspects, accused persons, convicted persons and missing persons.

(2) Investigatory detective work may be performed either overtly or concealing affiliation with the body performing operational activities, and in the course of such, with the permission of the head or deputy head of the body performing operational activities, contact may be established with persons eliciting the investigatory interest.

(3) For the purpose of solving tasks of investigatory process, officials of the bodies performing operational activities are entitled to perform investigatory detective work by becoming involved in a criminal environment (directly or under false identity), establishing contacts with persons present in the investigative records and persons associated with them. Such activity and the identity of the officials is an official secret.

(4) Investigatory detective work shall be performed by becoming involved in a criminal environment on the basis of a decision of the official of the body performing operational activities,which has been approved by a prosecutor.

[10 March 2016]

Section 16.1 Investigatory Monitoring of Transactions in an Account of a Client of the Credit Institution or Financial Institution

(1) If the body performing operational activities has well-founded information at its disposal regarding a criminal offence in preparation or having been committed by a person, requesting of monitoring of transactions in an account of a client of the credit institution or financial institution of such person shall be permitted.

(2) Requesting of monitoring of transactions in an account of a client of the credit institution or financial institution of such person,who is associated with the person referred to in Paragraph one of this Section, a person to be sought, a property acquired through crime and other property (also financial resources) that may be subject to arrest in relation to committing a criminal offence, shall also be permitted, if there are grounds for considering that such monitoring of transactions in the account of the client of the credit institution or financial institution will allow to find out the circumstances of committing criminal offence or the location of the person who committed it, the person to be sought, to prevent or discover threat to national or public security, or allow to identify or find out the property referred to in this Section.

[10 March 2016]

Section 17. Investigatory Monitoring of Correspondence, Investigatory Acquisition of Information Expressed or Stored by a Person from Technical Means, Investigatory Wiretapping of Conversations and Investigatory Video Surveillance of a Place not Accessible to the Public

(1) If the body performing operational activities has well-founded information at its disposal regarding a criminal offence prepared or having been committed by a person, or threat to national or public security caused thereby, or if a person suspected, accused or convicted of committing a crime is sought, the following shall be permitted:

1) investigatory monitoring of correspondence - that is, it is permitted to monitor the outgoing and incoming postal, telegraphic and other types of correspondence (consignments) of such person, and also electronic communications and other types of systems that are at the disposal of such person for sending and receipt of such correspondence (consignment);

2) investigatory acquisition of the content of information expressed or stored by a person from technical means - that is, downloading of the content of information or copying thereof from electronic and other types of information storage devices and information channels owned by or at the disposal of such person without consent of the owner, possessor or holder of such electronic and other types of information storage devices and information channels;

3) investigatory wiretapping of conversations - that is, the wiretapping of such conversations as take place between such persons and other persons (including by telephone, and by electronic and other types of means of communication);

4) investigatory video surveillance of a place not accessible to the public - that is, the video surveillance of the ongoing processes at a place not accessible to the public without the awareness of the owner, possessor and visitors of such place.

(2) It shall also be permitted to perform investigatory monitoring of correspondence of such person, investigatory acquisition of the content of information expressed or stored by a person from technical means or investigatory wiretapping of conversations which provide any assistance for the persons referred to in Paragraph one of this Section in planning, committing a crime or hiding traces of a crime or help to hide a person suspected, accused of committing a crime or a convicted person who is being sought, if there are grounds for considering that the relevant operational activities measure will allow to find out the circumstances of the crime or persons committing it, to find out the location of the person to be sought, to prevent or discover threat to national or public security, or allow to identify or find out the property acquired through crime.

[10 March 2016]

Chapter 3
OPERATIONAL ACTIVITIES PROCEDURE

Section 18. Operational Activities Procedure

(1) Operational activities procedure comprises all operational activities measures which are performed in accordance with specific procedures by officials of the bodies performing operational activities.

Such activities and the results thereof shall be recorded in official documents, which shall be drawn up in conformity to this Law, the Law On Official Secrets, the Freedom of Information Law and the requirements of other laws and regulations governing the protection of information.

(2) Operational activities procedure may commence before criminal proceedings are initiated, may take place during the criminal proceedings and continue after completion thereof.

(3) Operational activities procedure consist of the following stages:

1) investigatory inquiry;

2) investigatory examination;

3) investigatory process.

[13 October 2005; 10 March 2016]

Section 19. Basis for Initiating and Performing Operational Activities Measures

(1) Operational activities measures shall be initiated only in accordance with the conditions laid down in Section 4, Paragraph four of this Law.

(2) In compliance with the conditions laid down in Paragraph one of this Section, operational activities measures may also be performed in accordance with:

1) a separate assignment submitted in writing by the Office of the Prosecutor and pre-trial investigation and court institutions, with respect to criminal matters as are entered in the records of these institutions;

2) a written request by another body performing operational activities;

3) a request from or agreement with an international or foreign law enforcement institution, or a national security or defence institution.

[27 June 2002]

Section 19.1 Provision of Special Protection to Persons

[16 June 2005]

Section 20. Investigatory Inquiry

(1) Investigatory inquiry is an activity of officials of the bodies performing operational activities, conducted in order to obtain grounds for initiating an investigatory examination or investigatory process.

(2) In proceedings with investigatory inquiry, the operational activities measures referred to in Section 9 (except the measure referred to in Paragraph six thereof), Sections 11 and 13 and Section 16, Paragraph one of this Law may be performed. The requirements laid down in Section 7, Paragraph two of this Law shall be conformed to in the course thereof.

[10 December 2009; 10 March 2016]

Section 21. Investigatory examination

(1) In conducting the measures laid down in Section 6 of this Law, the body performing operational activities may, in conformity with its tasks and competence, perform investigatory examination of relevant facts.

(2) Investigatory examination shall be initiated according to a decision approved by the head or deputy head of the body performing operational activities, and shall be carried out under his or her control.

(3) An investigatory examination matter shall be initiated for each investigatory examination. The term during which proceedings with respect to such matter take place shall be two months. It may be extended with the approval of the head or deputy head of the body performing operational activities.

(4) The procedures for investigatory examinations shall be determined by the head or deputy head of the body performing operational activities.

(5) [10 March 2016]

[12 June 1997; 13 October 2005; 10 March 2016]

Section 22. Investigatory Process

(1) If the body performing operational activities has information at its disposal in relation to specific persons (including information also obtained as a result of investigatory examination) and it provides sufficient basis for suspecting such persons of planning or committing a criminal offence or threatening national or public security, or such persons are being sought in relation to a criminal offence already committed, investigatory process shall be initiated in relation to such persons.

(2) Investigatory process shall be initiated by taking a decision thereon and it shall be approved by the head or deputy head of the body performing operational activities. A prosecutor shall be informed thereof.

(3) An investigatory process matter shall be initiated regarding investigatory process, and persons in relation to whom the investigatory process is conducted, shall be included in the investigatory record.

(4) Any of the operational activities measures laid down in Section 6, and the methods of conducting such measures referred to in Section 7 of this Law may be used in exercising of the operational activities procedure.

(5) The time limit for investigatory process in such matters shall be six months, and they may be further extended for six months with the approval of the head or deputy head of the body performing operational activities. Further extension of the term may be done only with the approval of the Prosecutor General or a prosecutor specially authorised by the Prosecutor General, but it shall not be for more than the limitation period of the crime in relation to which the investigatory process is being conducted.

[12 June 1997; 27 June 2002; 10 March 2016]

Section 23. Investigatory Records

(1) The bodies performing operational activities are entitled to collect, systematise, analyse, store and record publicly available and secret information regarding persons, facts, events and things (in the form of passive records) that are necessary and are significant for the performance of their tasks with respect to operational activities and criminal procedure.

(2) The inclusion of persons in investigatory records (active form of records) shall be permitted only if investigatory process is being conducted in relation to them.

(3) The rights and freedoms of persons included in investigatory records may be restricted only in the cases and in accordance with the procedures laid down in the Criminal Procedure Law or other laws.

(4) If information on the basis of which a person is included in an investigatory record is not confirmed, such person shall be removed from the record. Investigatory records cases (investigatory examination and investigatory process cases) shall be terminated, if:

1) the fact to be examined has not been confirmed;

11) further fulfilment of the tasks referred to in Section 2 and achievement of the objectives laid down in Section 1 of this Law is not possible or commensurate with the type of threat or degree of dangerousness;

2) the criminal offence and the persons who committed the criminal offence have been determined;

3) other operational activities tasks have been completed; or

4) the limitation period for criminal liability has come into effect.

(5) Investigatory records cases, after completion of a case, shall be stored in accordance with procedures laid down in law and by the body performing operational activities. Investigatory records cases shall be kept for 10 years after termination thereof, but the cases related to provision of special protection of persons - for 75 years. When destroying an investigatory records case, the body performing operational activities shall keep the documents (materials) which contain information that is necessary and is of significance for the performance of the tasks of operational activities and criminal procedure.

[12 June 1997; 27 June 2002; 13 October 2005; 10 March 2016]

Section 23.1 Obtaining of Approval of a Judge or Prosecutor for Performance of an Operational Activities Measure

(1) In order to implement an operational activities measure to be performed in accordance with the special method, an official of the body performing operational activities shall take a relevant decision in which the following is provided:

1) the given name, surname, and position of the official who took the decision;

2) the stage of such operational activities procedure in which the relevant operational activities measure must be carried out, the matter's number and institution which is conducting record-keeping in this matter;

3) the activities to be carried out and the time period or duration for the performance thereof;

4) the justification for the necessity to carry out an operational activities measure;

5) the anticipated result;

6) the reason which precludes achieving of the anticipated result in other way or significantly encumbers achievement thereof.

(2) The information referred to in Paragraph one of this Section shall also be provided for in the decision of the official of the body performing operational activities referred to in Section 15, Paragraph three, Section 15.1, Paragraph four, and Section16, Paragraph four of this Law.

(3) In a decision to perform an operational activities measure information regarding several special method operational activities measures or operational activities measures referred to in Section 15, Paragraph three, Section 15.1, Paragraph four, and Section 16, Paragraph four of this Law may be included, if performance of such measures is mutually related and all these operational activities measures are approved (the consent is given) by a judge or prosecutor accordingly.

(4) A decision to perform the relevant operational activities measure shall be co-ordinated by a direct manager (supervisor) of the body performing operational activities or his or her deputy.

(5) In order to decide whether the relevant operational activities measure is to be approved, a judge or prosecutor shall become familiar with the decision to perform an operational activities measure, and also with those documents, materials and information at the disposal of the body performing operational activities by which the necessity of performance of a particular operational activities measure is justified.

(6) A judge or prosecutor, in deciding regarding acceptance of the operational activities measure, shall evaluate the justification for the performance thereof, and also conformity with the principles of operational activities referred to in Section 4 of this Law. In deciding on acceptance of investigatory entry, the judge shall evaluate also the justification of the operational activities measure for the implementation of which investigatory entry is carried out.

(7) A judge, in deciding on acceptance of the operational activities measure which is carried out in emergency situations in accordance with the provisions of Section 7, Paragraph five of this Law, in addition to that laid down in Paragraph six of this Section, shall evaluate justification for emergency commencement of operational activities measure. If in the abovementioned case the judge has recognised the performance of the operational activities measure as non-justified or unlawful, the body performing operational activities shall, without delay, destroy the information obtained.

(8) Upon accepting an operational activities measure, the time period or duration permitted for the performance thereof shall be indicated.

(9) A decision to perform an operational activities measure, approval of the judge or prosecutor for the performance of such measure or refusal to approve it shall be drawn up in writing, conforming to the requirements of the Law On Official Secrets, the Freedom of Information Law and other the laws and regulations governing protection of information.

[10 March 2016]

Section 23.2 Report on Performance of the Operational Activities Measure Accepted by a Judge and Prosecutor

(1) An official of the body performing operational activities shall, within 10 working days after performance of the operational activities measure accepted by a judge or prosecutor, or after the end of the time period indicated in the approval, or after refusal to perform operational activities measure, draw up a report on performance of the operational activities measure in which the following shall be indicated:

1) whether the operational activities measure has been carried out;

2) the actual time period or duration of the operational activities measure;

3) whether during performance of the operational activities measure deviation from the approval has occurred, how it materialised and what were the reasons for such deviation;

4) the result achieved.

(2) The report on performance of the operational activities measure shall be approved by a direct manager (supervisor) of the body performing operational activities or his or her deputy. The abovementioned report shall be appended to the materials of the relevant operational activities procedure.

(3) If the direct manager (supervisor) of the body performing operational activities or his or her deputy establishes that a deviation from the approval has occurred, the relevant body performing operational activities shall inform the Prosecutor General thereof who shall assign a prosecutor for the performance of the inspection.

(4) The prosecutor, in carrying out the inspection, shall evaluate whether deviation from the approval has significantly infringed the fundamental rights of the person, and the justification of the action of the official of the body performing operational activities. If the prosecutor recognises that deviation from the approval has been non-justified and it has significantly infringed the fundamental rights of the person, he or she shall assign an official of the body performing operational activities to immediately destroy information obtained by infringing the approval, and inform the Chief Justice of the Supreme Court, if deviation from the judge's approval has been allowed.

[10 March 2016]

Section 24. Legal Significance and Use of Information Collected

(1) Information obtained in the course of operational activities measures shall be classified as restricted access information or an official secrets object. Such information may be used as evidence in a criminal proceeding only in accordance with the procedures laid down in the Criminal Procedure Law, ensuring the implementation of the investigatory measures and the confidentiality and safety of the persons involved therein.

(2) The materials and information obtained may also be used in the preparation and performing of investigative measures in criminal proceedings as provided for by law, in planning and conducting investigative operations measures, in analysing situations tending to promote crime and developing measures for ameliorating the situation, in discovering factors and sources of real or potential threats, in performing measures to forecast, avert or neutralise a crisis situation in the State and the consequences of such, and in developing a national security and defence strategy and preparing and realising its complex programme.

(3) The heads of State authorities and administrative bodies, officials authorised by them or by the law, and, in the cases and in accordance with the procedures laid down in law, officials of the bodies performing investigatory measures for whom such information is necessary in order to perform their official duties, if the content thereof is related to the fulfilling of tasks entrusted to such officials, shall be informed of the information obtained as a result of operational activities.

(4) If information obtained by the operational activities measure is used as evidence in the criminal proceedings or such information is used in preparing and carrying out investigative operations in criminal proceedings, the person directing the criminal proceedings shall be familiarised with the information obtained during the proceedings with operational activities which applies to the subject-matter of evidence or preparation and performance of investigative operations, upon request of the person directing the criminal proceedings.

(5) Information regarding a person obtained in the course of a special method operational activities measure may be transferred for achievement of another objective of the operational activities proceeding in such amount which is necessary for achievement of the relevant objective, if such information indicates to possibility that the relevant person has committed or plans to commit other criminal offence or has caused or intends to cause threat to national or public security.

(6) If information regarding a person obtained during the course of the special method operational activities measure is transferred for achievement of another objective of the operational activities proceeding, then the following information shall be appended to the materials of the operational activities proceeding within the framework of which the special method operational activities measure was implemented:

1) the body performing operational activities to which the information is transferred;

2) the justification for transfer of the information;

3) the date and amount of transfer of the information.

(7) If in performance of operational activities measures such information is obtained which was disclosed in order to obtain professional assistance by sworn advocates, doctors, psychologists and clergy, such information shall be destroyed without delay. If the relevant information indicates to criminal offence committed or prepared by the abovementioned persons, or threat to national or public security caused by them, preservation of such information shall be permissible only by the approval of the Prosecutor General or prosecutor specially authorised by him or her.

[27 June 2002; 13 October 2005; 10 March 2016]

Section 24.1 Provision of Information Regarding Performance of Operational Activities Measures

(1) Upon completion of an operational activities proceeding, the body performing operational activities shall inform the person regarding a special method operational activities measure and time of performance thereof against whom the abovementioned measure has been performed.

(2) The person referred to in Paragraph one of this Section shall not be informed regarding operational activities performed, if it may:

1) cause damage to the lawful rights and interests of another person;

2) discover the identity of a covert assistant of operational activities or of that person or covert co-operation fact who confidentially provided assistance to the official of the body performing operational activities;

3) discover front organisations and other means of masking established for ensuring of operational activities;

4) discover organisation, methodology and tactics of operational activities measures;

5) harm the interests of national security;

6) harm the performance of the tasks of operational activities;

7) harm criminal proceedings.

(3) If the conditions referred to in Paragraph two of this Section are established, an official of the body performing operational activities shall draw up a justified investigatory statement which is approved by the manager (supervisor) of the body performing operational activities or an official authorised by him or her.

(4) The person referred to in Paragraph one of this Section shall be informed regarding an operational activities measure carried out as soon as the conditions referred to in Paragraph two of this Section cease to exist, unless the relevant investigatory records case is destroyed.

[10 March 2016]

Section 24.2 Destruction of Obtained Information and Investigatory Records Cases

(1) In the cases laid down in this Law, when destroying the information obtained in the course of operational activities measures, a statement on destruction of information shall be written and appended to the materials of the relevant matter of operational activities proceeding.

(2) When the time period for preserving the investigatory records case provided for in Section 23, Paragraph five of this Law has expired, the investigatory records case shall be destroyed and a statement shall be written thereon in which the number, title of the case, the date of commencement, termination and destruction of the case, and also the documents (materials) preserved for the performance of the operational activities and criminal proceeding tasks shall be indicated. A month before destruction of the investigatory records the Prosecutor General or a prosecutor authorised by him or her shall be informed thereof.

(3) When destroying restricted access information or official secret object, the procedures for destruction provided for the relevant information shall be conformed to.

[10 March 2016]

Chapter 4
Bodies Performing Operational Activities, their Rights, Obligations and Responsibilities

Section 25. Bodies Performing Operational Activities

(1) The system of bodies performing operational activities consists of national security and defence institutions, institutions for maintaining public order, and other specially authorised State bodies which by law are granted the right to perform operational activities measures within the scope of their competence and whose specially authorised officials are entitled to carry out such activities in accordance with procedures laid down in this Law.

(2) The bodies performing State operational activities, within the scope of competence laid down in legislative enactments, shall fulfil their tasks both independently and in co-operation with other bodies of this system both in the Republic of Latvia and in foreign states.

Section 26. Competence of Bodies Performing Operational Activities and of their Officials

(1) The bodies performing operational activities shall perform only such operational activities laid down in this Law as are necessary to fulfil the tasks and attain the objectives laid down in the law, and only within their competence as laid down in the law.

(2) The main directions of operational activities, their types, content, amount and intensity shall be determined by the head of the body performing operational activities, taking into account the operational and criminogenic situation and changes in his or her sphere of activities, as well as the type and danger of the existing threat in order to ensure the implementation of tasks laid down in law and the achievement of aims.

(3) Officials of the bodies performing operational activities are entitled to perform operational activities measures only to such extent as prescribed in the laws governing the rights and duties of officials of such bodies.

(4) In the course of performing operational activities measures, officials of the bodies performing operational activities are entitled to act overtly and covertly, to act directly (in person) and indirectly (with the assistance of other persons).

[27 June 2002]

Section 27. Bodies Performing Operational Activities and Duties of Officials Thereof

The bodies performing operational activities and their officials have the duty:

1) using operational activities measures as required and the manner and means, methods and tactics, of performing such, therewith infringing fundamental rights of persons as little as possible, to obtain in good time, true and complete information as is necessary to fulfil their tasks and attain the objectives laid down in Section 1 of this Law;

2) to ensure co-operation and co-ordination of activities with other bodies performing operational activities;

3) in cases and in accordance with procedures laid down in laws, to inform in good time State authorities and administrative institutions regarding discovered external or internal threats to national independence, constitutional system, territorial integrity, economic sovereignty, military potential, and also other threats to national or public security, and in accordance with the procedures laid down in law to perform measures to prevent or neutralise such threats;

4) to ensure protection of the official secret;

5) to ensure the secrecy of operational activities and guarantee the confidentiality and safety of persons involved in operational activities measures.

[10 March 2016]

Section 28. Rights of Bodies Performing Operational Activities and of their Officials

(1) The bodies performing operational activities and their officials, in the course of fulfilling their official duties, have the right:

1) to perform overt and covert operational activities measures as provided for in Section 6 of this Law;

2) to create and use information systems and technical means to perform such measures and record information;

3) to involve, both openly and confidentially, individual officials and persons having knowledge (specialists, experts) in science, technology and other areas, and individual persons, with their consent, in the performance of operational activities measures;

4) pursuant to mutual agreement, to use the premises, property and things owned by owners or possessed by possessors, as well as means of transport and other property;

5) to prepare and use documents and other means of masking in order to hide the true affiliation of units of bodies performing operational activities, the true ownership of their official premises and means of transport, and also the identity of persons involved in the operational activities;

6) to establish cover organisations, use registration documents and other documents of organisations and merchants, as well as distinctive (identifying) marks in order to ensure operational activities and create favourable conditions for such.

(2) Officials of the bodies performing operational activities shall be under State protection and have the legal and social guarantees laid down in law. Losses caused to the property of an official of the body performing operational activities or his or her relatives in connection with the official activities of such official shall be compensated in full from State budget resources.

(3) In the course of operational activities measures, officials of the bodies performing operational activities shall be subject only to law and to their immediate supervisor. If a task or order is in contradiction to the law, the official shall conduct themselves in accordance with the requirements of law. If, as a result a task or an order being fulfilled, a criminal offence may be committed, the official shall inform their senior supervisor and a prosecutor thereof without delay.

(4) Nobody has the right to interfere in operational activities of the bodies performing operational activities and their officials. Exceptions are persons specially authorised by law who shall so act in accordance with procedures laid down in law.

[27 June 2002; 13 October 2005; 10 March 2016]

Section 29. Responsibility of Officials of Bodies Performing Operational Activities

(1) If the requirements of law are violated in performing operational activities, the relevant officials shall be liable in accordance with procedures laid down in law and official regulations.

(2) Actions performed while carrying out a task in a situation of justified professional risk without exceeding the limits of necessary self-defence or extreme emergency shall not be found to be a violation of the law.

(3) [10 March 2016]

[10 March 2016]

Chapter 5
Legal and Social Protection for Covert Co-operation

Section 30. Covert Co-operation

(1) Authorised officials of the bodies performing operational activities have the right, on a voluntary and mutual trust basis, to recruit persons who have legal capacity, as covert assistants in operational activities.

(2) Such persons have the duty to keep the fact of co-operation secret, to not divulge information obtained in the course of such co-operation, and to provide only true information to officials of the bodies performing operational activities.

(3) Covert co-operation may be remunerated. Covert assistants, with their consent, may also be recruited for operational activities on a contractual basis.

Section 31. Legal Protection of Covert Assistants

(1) Covert assistants shall be under the protection of the State and information with respect to their identity and covert co-operation with the body performing operational activities shall be an official secret.

(2) It shall be ensured that facts regarding covert co-operation are maintained as an official secret by special procedures for keeping records and for storing and issuing information, determined by the body performing operational activities, in accordance with the conditions of Section 3, Paragraph two of this Law. Information with respect to the identity of a covert assistant and the fact of co-operation may be issued only in accordance with procedures laid down in this Law.

(3) Covert assistant may be involved in criminal proceedings without revealing the fact of covert co-operation. The fact of covert co-operation with such a person or the information provided by him or her may be revealed in criminal proceedings, if such is necessary to attain the objectives of the investigation or to guarantee public security, and only if such does not endanger the life, health or freedom of the covert assistant or of other persons, or the possibility of using the covert assistant in the future.

(4) If as a result of covert co-operation the life, health, or financial and other lawful interests of the covert assistant or his or her family members are endangered, security measures necessary to avert such danger, including change of domicile and personal identification documents, shall be undertaken in good time.

Section 32. Social Guarantees of Covert Assistants

(1) The conferring to a covert assistant of social guarantees given an official of the body performing operational activities as provided for in laws and other laws and regulations may be set out in a written co-operation agreement entered into between a body performing operational activities and the covert assistant. The specific social guarantees applicable to the covert assistant shall be set out in the abovementioned agreement.

(2) If a covert assistant becomes disabled or dies, harm is caused to his or her health, or financial loss is caused to him or her, in the carrying out a task of a body performing operational activities, the covert assistant or his or her family members shall be paid benefits, pensions or compensations in accordance with the law which provides for such payments to officials of the relevant body performing operational activities.

[10 August 1995; 10 March 2016]

Chapter 6
FINANCING, MANAGEMENT AND MONITORING OF OPERATIONAL ACTIVITIES

Section 33. Financing of Operational Activities

(1) Operational activities shall be financed from State budget funds. The funds from the State budget received for the financing of operational activities shall be recorded in accordance with the laws and regulations in the field of accounting, in conformity with the provisions for the protection of official secret.

(2) The head of the body performing operational activities shall determine the procedures for the use, accounting and internal control of such funds.

[26 March 2009; 10 March 2016]

Section 34. General Management and Monitoring of Activities of Bodies Performing Operational Activities

(1) The parliamentary control of operational activities shall be performed by the Saeima.

(2) The National Security Committee of the Saeima is entitled to hear the reports and accounts of the heads of institutions performing operational activities, examine the results of inspections of such institutions, and also to acquaint itself with the official documents and information of such institutions, except documents regarding sources of covert information.

(3) The performance of the tasks of the bodies performing operational activities shall be monitored in accordance with procedures laid down in law and by the Cabinet.

(4) Internal monitoring procedures in the bodies performing operational activities shall be determined by the heads of such institutions who are personally responsible for the organisation of the work of subordinate units in accordance with this Law and other laws.

[27 June 2002; 10 March 2016]

Section 35. Monitoring of Operational Activities

(1) Monitoring regarding the conformity to law of operational activities shall be performed by the Prosecutor General and by prosecutors specially authorised by the Prosecutor General. In performing monitoring they are entitled to acquaint themselves with the documents, materials and information at the disposal of the body performing operational activities at any stage of operational activities. The identity of information sources shall be revealed only to the Prosecutor General, but to the prosecutors specially authorised by the Prosecutor General - only with the permission of the head of the body performing operational activities.

(2) If in performing monitoring of operational activities over conformity of operational activities with laws an infringement of the law is established, the prosecutor has a duty, in accordance with the nature of the law infringement:

1) to warn regarding inadmissibility of the infringement of the law;

2) to submit a protest or submission regarding necessity to prevent the infringement of the law;

3) to submit a statement of claim to a court;

4) to commence criminal proceedings;

5) to initiate examination of an issue regarding holding administratively or disciplinary liable.

[10 March 2016]

Section 36. Inspection of Action of an Official of the Body Performing Operational Activities

(1) If a person has submitted a complaint regarding a possible action of an official of the body performing operational activities by which his or her lawful rights and freedoms are infringed, a specially authorised prosecutor shall find out whether operational activities have been carried out against the relevant person at the time indicated in the complaint.

(2) If operational activities have been carried out against the relevant person at the time indicated in the complaint, the specially authorised prosecutor shall, in examining conformity of the action of the official of the body performing operational activities with the law, become acquainted with the documents, materials and information obtained in the relevant operational activities proceeding, in conformity with the conditions of Section 35, Paragraph one of this Law, and find out:

1) whether the conditions for the performance of operational activities proceeding, and also operational activities measures are conformed to;

2) whether the official of the body performing operational activities has carried out the operational activities measures in conformity with the issued approval (consent);

3) other circumstances the inspection of which is necessary in order to examine the complaint.

(3) If the specially authorised prosecutor who checks the conformity of the official of the body performing operational activities with the law, has approved (provided a consent) for the performance of operational activities measure in the relevant operational activities proceeding, he or she shall inform the Prosecutor General thereof who shall assign another specially authorised prosecutor for the performance of inspection.

(4) An inspection based on a claim regarding conformity of action of an official of the body performing operational activities with the law shall be carried out within two months. If due to objective reasons the inspection cannot be completed within two months, it may be extended for another two months with the approval of the Prosecutor General, informing the submitter of the complaint thereof in writing.

[10 March 2016]

Section 37. Opinion Regarding Inspection of Action of an Official of the Body Performing Operational Activities

(1) Having completed an inspection based on a claim regarding conformity of action of an official of the body performing operational activities with the law, the prosecutor shall draw up an opinion in which the following shall be indicated:

1) what was established regarding the conditions referred to in Section 36, Paragraphs one and two of this Law;

2) whether lawful rights and freedoms of a person have been infringed in the course of operational activities;

3) whether such action of the official of the body performing operational activities is established which fails to conform to the requirements of the law, and how it was demonstrated.

(3) In drawing up an opinion, the conditions of Section 8, Paragraph three, Section 24, Paragraph one and Section 31, Paragraph one of the Law, and also the requirements of the Law On Official Secrets, the Freedom of Information Law and other the laws and regulations governing information protection shall be complied with.

(3) If the prosecutor has grounds for considering that, in accepting such operational activities measure to be carried out with the approval of the Chief Justice of the Supreme Court or a Justice of the Supreme Court specially authorised by him or her, the requirements of the law have not been conformed to, the prosecutor shall inform the Chief Justice of the Supreme Court thereof.

[10 March 2016]

Section 38. Notification Regarding Inspection of Action of an Official of the Body Performing Operational Activities

(1) When an opinion in relation to a complaint regarding conformity of action of an official of the body performing operational activities with the law has been drawn up, the prosecutor shall inform the submitter of the complaint regarding completion of the inspection and indicate (without providing any additional explanation), if illegal infringement of lawful rights and freedoms of the person has been established in the inspection, and also explain his or her right to turn to the court.

(2) In the notification regarding inspection of action of an official of the body performing operational activities an additional explanation shall be provided only in case if informing of the relevant person is permissible in accordance with the provisions of Section 24.1 of this Law that operational activities have been performed against it.

[10 March 2016]

Transitional Provisions

1. This Law shall come into force in accordance with general procedures, but conforming to the exceptions referred to in Paragraphs 2 and 3 of these Provisions.

2. The operational activities measures referred to in this Law the performance of which requires approval by a judge, shall, pending this question being determined legislatively, be performed in the interim with the approval of the Prosecutor General or a prosecutor specially authorised by the Prosecutor General.

3. The bodies performing operational activities shall, until relevant amendments have been made to the laws, which govern their operations, perform operational activities measures only to the extent and in accordance with the procedures prescribed by this Law.

4. [27 June 2002]

5. [27 June 2002]

6. The amendments to Section 7, Paragraph four of this Law which provide for the approval of the Chief Justice of the Supreme Court or a Justice of the Supreme Court specially authorised by him or her for the performance of operational activities measures in a special way, shall come into force on 1 November 2002. The Cabinet shall, by 1 November 2002, ensure the Supreme Court with premises and equipment conforming to the official secret protection regulations.

[27 June 2002]

7. Amendments to Section 9, Paragraph five of this Law which provide for the acquisition of data to be preserved by an approval of the specially authorised district (city) court judge, shall come into force on 1 January 2020.

[10 March 2016]

8. The Cabinet shall, by 1 January 2019, develop and submit a draft law to the Saeima regarding required amendments to the Law On Judicial Power, providing for the procedures for authorising a district (city) court judge to decide on approval of operational data acquisition from merchants of electronic communications.

[10 March 2016]

The Saeima has adopted this Law on 16 December 1993.

President G. Ulmanis

Rīga, 30 December 1993

 


1 The Parliament of the Republic of Latvia

Translation © 2017 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 16.12.1993.Entry into force: 13.01.1994.Theme:  State security and protection, Criminal procedurePublication: "Latvijas Vēstnesis", 131, 30.12.1993., "Ziņotājs", 1, 13.01.1994.
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