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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 19.10.2010.–24.02.2015.
Amendments not included: 22.01.2015.

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

17 February 1997;
23 November 2000;
16 June 2005;
22 June 2006;
27 September 2007;
17 July 2008;
12 June 2009;
1 December 2009;
13 May 2010;
23 September 2010.

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 title of the Law has been reworded by the Law of 17 July 2008.

The Saeima1 has adopted
and the President has proclaimed the following Law:

Law On the Status of the Deputy of the Republic City Council and Municipality Council

[17 July 2008]

I. General Provisions

Section 1. Purpose of the Law

This Law regulates the rights and duties (hereinafter - mandate) of the deputies of the Republic City Council and Municipality Council (hereinafter - Council), as well as guarantees which ensure implementation of such mandate.

[17 July 2008]

Section 2. Term of Mandate of a Deputy

The mandate of a deputy shall commence with the day of the first meeting of the newly-elected Council or with the time when the next candidate from the relevant list takes the place of the previous deputy in accordance with the procedures specified in Section 43 of the Law on Elections of the Republic City Council and Municipality Council.

The mandate of a deputy shall expire on the day of the first meeting of the next session or with the establishment of a temporary administration in accordance with the provisions of Section 24 of the Law on Elections of the Republic City Council and Municipality Council.

[17 July 2008]

Section 3. Expiration of the Mandate of a Deputy before Term

The mandate of a deputy shall expire before term:

1) from the time when the Council has taken a decision regarding expiry of the mandate of the deputy due to a personal written submission of the deputy regarding laying down of his or her mandate;

2) on the day when a judgment of conviction of the deputy by the court has entered into effect or the deputy has been recognised as legally incompetent in accordance with the procedures specified by the law;

3) on the day when a court judgment has entered into effect by which the fact that the deputy has been elected, violating the restrictions specified in the Law on Elections of the Republic City Council and Municipality Council, is established;

4) on the day when the fact that the deputy does not belong to the aggregate of the citizens of the Republic of Latvia is established in accordance with the procedures specified by the law;

5) with the time when the Council, in the composition of which the deputy has been elected, has revoked the mandate of the deputy in the case provided for in Section 4 of this Law;

6) in other cases provided for by the law.

If the deputy has been elected as the President or a deputy of the Saeima or if he or she becomes a public prosecutor, a judge or a soldier of the professional service during the term of his or her mandate, his or her mandate shall expire on the day when he or she has taken any of the referred to office.

The deputy may submit a personal written submission regarding laying down of his or her mandate for any reason.

A decision regarding expiration of the mandate of the deputy before term in relation to his or her submission shall be taken during the subsequent Council meeting as soon as the Chairperson of the Council has received the personal written submission of the deputy regarding laying down of his or her mandate. If the Council fails to take such decision, the mandate of the relevant deputy shall expire on the day following the day of the relevant Council meeting.

[23 November 2000; 27 September 2007; 17 July 2008]

Section 3.1 Temporary Laying Down of the Mandate of a Deputy

A deputy of the Council who has temporarily entered the composition of the Saeima while a member of the Saeima has laid down the mandate of the deputy for the time period of fulfilment of the position of the Prime Minister, the Deputy Prime Minister, the Minister, the Minister for Special Assignments or the State Minister, he or she has a duty to lay down the mandate of the deputy for the time period of fulfilment of the position of the member of the Saeima.

The deputy of the Council has a duty to lay down the mandate of the deputy for the time period of fulfilment of the position of the Prime Minister, the Deputy Prime Minister, the Minister, and the Minister for Special Assignments or the State Minister.

The deputy of the Council has the right to lay down the mandate of the deputy for the time period of pregnancy leave, maternity leave and childcare leave, as well as for the time period of leave for a child's father, adopter or another person who actually takes care of a child.

In the cases referred to in Paragraphs one, two and three of this Section the deputy of the Council shall submit a submission to the Chairperson of the Council regarding laying down of the mandate of the deputy. Upon receipt of the submission regarding laying down of the mandate, the Chairperson of the Council shall immediately notify the election commission of the relevant local government thereof and provide information thereof in the subsequent meeting of the Council. The mandate of the relevant deputy of the Council shall expire with the time when information thereof has been provided in the Council meeting.

If the deputy of the Council has temporarily laid down the mandate of the deputy, the next candidate shall enter his or her place in accordance with the procedures specified in Section 43 of the Law on Elections of the Republic City Council and Municipality Council.

A member of the Saeima who has laid down the mandate of the deputy of the Council in accordance with the procedures specified in this Section, may renew the mandate of the relevant Council after expiration of the mandate of the Saeima.

The Prime Minister, the Deputy Prime Minister, the Minister, the Minister for Special Assignments or the State Minister who has laid down the mandate of the deputy of the Council in accordance with the procedures specified in this Section may renew it during the mandate of the relevant Council, if he or she resigns from the office of the Prime Minister, the Deputy Prime Minister, the Minister, the Minister for Special Assignments or the State Minster or if the Cabinet resigns. It shall refer also to the case when the Prime Minister, the Deputy Prime Minister, the Minister, the Minister for Special Assignments or the State Minister resigns individually or together with the Cabinet due to the distrust expressed by the Saeima.

A deputy of the Council who has laid down his or her mandate of the deputy of the Council in accordance with the procedures specified in Paragraph three of this Section, as well as the member of the Saeima, the Prime Minister, the Deputy Prime Minister, the Minister, the Minister for Special Assignments or the State Minister shall submit a submission to the Chairperson of the Council of relevant local government regarding renewal of the mandate of the deputy within a week from the day when the leave referred to in Paragraph three of this Section has ended accordingly or he or she has terminated to fulfil the office duties of the member of the Saeima, or the Prime Minister, the Deputy Prime Minister, the Minister, the Minister for Special Assignments or the State Minister accordingly.

Upon receipt of a submission regarding renewal of the mandate of the deputy of the Council, the Chairperson of the Council shall immediately notify the election commission of the relevant local government thereof and provide information thereof in the next meeting of the Council. The mandate of the deputy invited in accordance with the procedures specified in Paragraph five of this Section shall expire with the time when information has been provided thereof in the meeting of the Council and the mandate of the deputy shall be renewed for a deputy of the Council who has laid it down temporary while he or she was on the leave referred to in Paragraph three of this Section or fulfilled the office duties of the member of the Saeima, the Prime Minister, the Deputy Prime Minister, the Minister, the Minister for Special Assignments or the State Minister.

If a candidate has already entered the composition of the Council in accordance with the procedures specified in Paragraph four of this Section, he or she shall not be invited to enter the composition of the Council instead of another deputy of the Council who lays down his or her mandate temporarily in the case referred to in Paragraph one or two of this Section.

If in the cases referred to in Paragraphs one, two and three of this Section the mandate is laid down by several deputies who have been elected from the list of one title, then, upon renewing the mandate for one of them, the mandate shall expire for the deputy who has entered the composition of the Council from the relevant list as the last in accordance with the procedures specified in Paragraph four of this Section.

[22 June 2006, 17 July 2008]

Section 4. Revocation of the Mandate of a Deputy

The Council may revoke the mandate of a deputy, if a deputy has not participated in the meeting of the Council more than three times in succession without justifying reason.

The mandate of the deputy may be revoked by a judgment of the regional court, if the knowledge of the official language of the deputy fails to comply with the level of knowledge determined by the Cabinet.

If the State Language Centre, in accordance with the procedures specified by the law, establishes that the knowledge of the official language of the deputy fails to comply with the level of knowledge determined by the Cabinet, the State Language Centre has a duty to inform the Chairperson of the relevant Council in writing, as well as to encourage the relevant deputy to acquire the official language in accordance with the procedures specified by the law.

Upon receipt of the information referred to in Paragraph three of this Law:

1) the Chairperson of the Council has a duty to ensure without delay granting of financial resources so that the deputy could acquire the official language; and

2) the deputy has a duty to acquire the official language within six months up to the level of knowledge specified by the Cabinet.

An examination of the knowledge of the official language of the deputy shall be performed after the end of the time period specified in Paragraph four of this Section

If the deputy repeatedly fails to arrive to examination of the knowledge of the official language or it is determined repeatedly that the knowledge of the official language of the deputy does not comply with the level of knowledge specified by the Cabinet, the State Language Centre has a duty to submit an application to the regional court according to the location of the local government regarding revocation of the mandate of the deputy. The regional court shall examine the case as the court of first instance.

The mandate of the deputy shall be revoked from the day when the court judgement regarding revocation of the mandate of the deputy enters into effect.

The legality of the documents which the institutions have accepted in accordance with Paragraphs three, four and six of this Section, insofar as it is necessary for the revocation of the mandate of the deputy, shall be assessed when examining the application referred to in Paragraph six of this Section.

[23 September 2010]

Section 4.1 Suspension of the Mandate of a Deputy and Temporary Substitution of a Deputy

If a deputy due to the procedural compulsory measure applied in accordance with the procedures specified in the Criminal Procedure Law or health status has not participated in the Council meetings for three months in succession, his or her mandate may be suspended, taking a relevant decision of the Council, or it may be suspended if it is requested by the submitter of the list of candidates from which the relevant deputy has been elected in the Council. After receipt of a submission of the submitter of the list of candidates the Chairperson of the Council shall inform deputies thereof in the next Council meeting and the mandate of the relevant deputy shall be suspended from that time. If the submission of the submitter of the list of candidates is not examined in the next Council meeting, the mandate of the relevant deputy shall be suspended from the day following the day of the Council meeting. The Chairperson of the Council shall immediately notify the election commission of the local government regarding suspension of the mandate of the deputy in compliance with the decision of the Council or the submission of the submitter of the list of candidates. The next candidate shall take the place of the deputy in accordance with the procedures specified in Section 43 of the Law on Elections of the Republic City Council and Municipality Council for the time period of suspension of the mandate of the deputy.

If the basis for substitution of the deputy referred to in Paragraph one of this Section has disappeared, the substituted deputy of the Council shall, within a week, submit the Chairperson of the Council of the relevant local government a submission regarding resuming the fulfilment of the duties of the deputy.

After the Chairperson of the Council has received a submission regarding resuming the fulfilment of the duties of the deputy of the Council, he or she shall immediately notify the election commission of the relevant local government thereof and inform the deputies in the next Council meeting. From the time when the information is provided in the Council meeting, the mandate of the deputy invited in accordance with the procedures specified in Paragraph one of this Section shall expire and the substituted deputy of the Council shall resume the fulfilment of the duties of the deputy.

If the deputy has been a chairperson or a deputy chairperson of the Council prior to setting in of the circumstances referred to in Paragraph one of this Section, he or she shall resume the fulfilment of the office duties of a chairperson or deputy chairperson of the Council, if the Council has not dismissed him or her from the position in accordance with the procedures specified in the Law On Local Governments.

[13 May 2010]

II. Activity of a Deputy in the Council

Section 5. Rights of a Deputy During Council Meetings

A deputy has the right of voting in all issues which are reviewed in the Council meetings.

A deputy has the right:

1) to elect all authorities and officials which in accordance with the law or a decision of the Council must be elected in the relevant local government;

2) to be elected in authorities and positions of the Council, if restrictions have not been determined in other laws;

3) to submit proposals or express an opinion regarding the composition of the authorities of the Council to be established and candidatures of certain officials;

4) to submit proposals, to express comments and objections regarding agenda of the meeting, the essence of the issues to be discussed and the sequence of review;

5) to submit draft decisions and other draft documents, as well as proposals regarding amendments thereto;

6) to participate in debates, to ask questions, to provide references;

7) to submit proposals regarding the type of voting;

8) to express his or her opinion regarding the motives of voting; and

9) to initiate an issue regarding control of the work of undertakings or institutions of the relevant local government.

Section 6. Participation of a Deputy in the Work of Authorities of the Council

A deputy with the right of voting shall participate in the work of the authority of the Council in the composition of which he or she has been elected. If the deputy does not agree with a decision of such authority, he or she has the right to express his or her individual opinion in the Council meeting.

The deputy may also participate, in advisory capacity, in the work of those authorities of the Council, in the composition of which he or she has been elected.

The deputy shall refrain from participation in preparation of a draft decision and taking of a decision, if the decision has an individual nature of application of the law and such decision directly affects his or her personal (family) rights and interests.

Section 7. Procedures by which Proposals and Comments of a Deputy shall be Considered in the Council Meeting

The secretary of the meeting shall register proposals and comments of a deputy submitted in writing to the chairperson of the meeting.

The Council or the authorities thereof shall consider proposals and comments of the deputy or they shall be sent to officials of the relevant undertakings, institutions and organisations.

Officials who have received proposals and comments of the deputy shall, within a reasonable period of time, but not later than within 15 days, consider them and notify the deputy in writing regarding the results of consideration thereof.

[23 November 2000; 27 September 2007]

Section 8. Duties of a Deputy in the Council

A deputy has the following duties in the Council:

1) to participate in the Council meetings, as well as in the meetings of the authority, in the composition of which he or she has been elected;

2) to observe the requirements of this Law, as well as of the by-law and meeting regulations of the Council; and

3) to fulfil instructions and assignments of the Council, the Chairperson thereof and the managers of such authorities, in the composition of which the deputy has been elected.

If the deputy cannot arrive to the Council meeting or the meeting of the relevant authority, he or she shall, until the beginning of the meeting, notify thereof the Chairperson of the Council or the head of the authority, in the composition of which he or she has been elected.

[23 November 2000]

III. Activity of a Deputy in the Republic City or Municipality

[17 July 2008]

Section 9. Rights of a Deputy

A deputy has the following rights in his or her election region:

1) to be present when issues concerning the interests of the relevant local government or voters of his or her election region are reviewed in the State administrative institutions;

2) to control the work of undertakings and institutions of the local government in accordance with the task entrusted by the Council or authorities thereof;

3) to request oral or written explanations from the officials of the State administrative and local government institutions, officials of the State and local government undertakings, as well as managers of enterprises in issues which concern the interests of the relevant local government or voters of his or her election region;

4) to get acquainted with the documentation of the State administrative and local government institutions, as well as local government undertakings which concern the interests of the relevant local government, if it has not been prohibited by the law;

5) to submit proposals and requests to officials of undertakings and institutions;

6) to request the relevant officials that they eliminate violations of law and hold the guilty persons liable as prescribed by the law;

7) to organise meeting with inhabitants; and

8) to implement other rights of the deputy provided for in this Law and other laws.

The deputy shall execute his or her rights without special authorisation, if necessary - presenting his or her certificate of the deputy.

The explanations referred to in Paragraph one, Clause 3 of this Section shall be submitted within 15 days after the day of receipt the request of the deputy. The deputy shall be informed within a reasonable period of time regarding the results of review of the request referred to in Clauses 5 and 6 of this Section.

[27 September 2007]

Section 10. Duties of a Deputy in His or Her Election Region

A deputy has the following duties in his or her election region:

1) to participate in the control of implementation of a decision of the relevant Council;

2) to examine complaints and submissions of inhabitants and provide replies in accordance with the procedures and within the time period provided for in the law; and

3) to organise reception hours for inhabitants at least once in two months.

[23 November 2000]

Section 11. Organisation of Reception Hours for Inhabitants

A deputy may invite the officials of the undertakings and institutions located in the territory of his or her election region to participate in reception hours for inhabitants.

IV. Guarantees for Activity of a Deputy

Section 12. Ensuring of Conditions for Activity of a Deputy

In order for a deputy to execute his or her mandate, the local government has a duty, within the framework of the resources intended for such purpose in the local government budget and in accordance with the procedures specified by the Council:

1) to provide premises suitable for the work of the deputy;

2) to ensure deputies with the transport services at the disposal of the local government institutions;

3) to provide the deputy with a possibility to use the communication means, computing, duplication and printing equipment at the disposal of the local government; and

4) to ensure training for the deputy which is determined as mandatory by the law, as well as, upon the request of the deputy, to ensure training of the official language and acquisition of other necessary knowledge.

[23 November 2000; 23 September 2010]

Section 13. Duties of Local Government Institutions and Undertakings in Provision of Conditions Necessary for Execution of the Mandate of a Deputy

The managers and other officials of local government institutions and undertakings in the territory of election region of a deputy have the following duties:

1) to see the deputy on a priority basis and provide explanations to him or her; and

2) to issue the deputy the copies of documents necessary for execution of his or her mandate.

The managers and other officials of local government institutions and undertakings shall issue deputies the explanations and copies of documents referred to in Paragraph one of this Section within a reasonable term but not later than within 15 days after the day of receipt of the request of the deputy.

[27 September 2007]

Section 14. Material Provision of Activity of a Deputy

A deputy shall execute his or her mandate during the time free from work.

The administration of an undertaking or institution may not prohibit the deputy to execute his or her mandate also during working hours.

If it is necessary to execute the mandate during working hours, the deputy shall notify thereof the head of the undertaking or institution where he or she works in due time.

If the deputy executes his or her mandate during working hours, salary may be not disbursed to him or her for such period of time.

Deputies shall receive remuneration for participation in the meetings of the Council authorities and for fulfilment of duties of another deputy, which is determined in compliance with the Law On Remuneration of Officials and Employees of State and Local Government Authorities.

[17 February 1997; 23 November 2000; 1 December 2009]

Section 15.

[13 May 2010]

Section 15.1 Allowance for the Chairperson of the Local Government Council or Municipality Council or His or Her Deputy

The following persons, who after 4 May 1990 have held the following positions of the town council, elected regional council, municipality council or rural territory (or pagasts) council, have the right to receive a monthly allowance in the amount of two minimum monthly salaries (hereinafter - allowance):

1) a chairperson for two sessions in one local government;

2) a chairperson in one local government for one session and a deputy chairperson who has held paid position in such local government for other session;

3) a deputy chairperson who has held paid position in one local government for two sessions;

4) a chairperson or deputy chairperson in one local government for one session and a chairperson or deputy chairperson during the activity of such local government council which has been established by merging the relevant local government with another local government;

5) a chairperson or deputy chairperson in one local government for one session and a chairperson or deputy chairperson for one session in such local government until the day when it merged with another local government.

The local government shall grant an allowance on the basis of a submission of the relevant person which is submitted to the relevant local government, if the person complies with all the following criteria:

1) he or she has reached or not later than within five years will reach the age at which the person is entitled to old-age pension in accordance with the Law On State Pensions or has been recognised as a disabled person;

2) he or she is not considered as an employee or self-employed person in accordance with the Law On State Social Insurance, except for an owner of farm (fishing enterprise), who not being in employment legal relations with the administrative body of his or her farm (fishing enterprise) performs the function of the manager of such enterprise, if the manager (director) has not been appointed (elected) in the relevant enterprise in accordance with the procedures specified by the law; and

3) he or she does not receive an allowance in accordance with the Law On Unemployment Insurance.

If a person at the same time has the right to the allowance specified in this Section and disability pension, old-age pension or remuneration for a loss of work capacity, then the part of allowance which exceeds the amount of disability pension, old-age pension or remuneration for a loss of work capacity respectively shall be disbursed.

The person, who receives an allowance, has a duty to notify the local government regarding setting in of such conditions which cause reduction or interruption of disbursement of the allowance. The allowance, which has been received violating the provisions of this Section, shall be repaid to the local government.

The disbursement of the allowance shall be discontinued, if the person fails to comply with the criteria specified in this Section for granting the allowance, as well as in case if the person departs for permanent residence in foreign countries. The disbursement of the allowance shall be discontinued due to the death of the person to whom the allowance has been granted.

The local government shall perform State social insurance contributions for State pension insurance for the person to whom the allowance has been granted and is being disbursed and who has not reached the age necessary for granting old-age pension. State social insurance contributions for State pension insurance shall not be performed for the time period during which the person is an unemployed disabled person. Fine for the delay in payment shall not be calculated for State social insurance contributions for pension insurance not performed in due time. The procedures by which State social insurance contributions for State pension insurance shall be performed and repaid for the person who receives the allowance and the amount of such contributions, as well as the procedures by which the State pension capital of the referred to persons shall be registered, shall be determined by the Cabinet.

The allowance, as well as expenditures related to granting and disbursement of the allowance and performance of the State social insurance contributions, shall be financed from the budget resources of such local government in which the person has held the positions referred to in Paragraph one of this Section, or by the local government which is the legal successor of obligations and rights of the relevant local government.

[17 July 2008; 13 May 2010]

Section 16.

[1 December 2009]

Section 17.

[27 September 2007]

Section 18. Deputy's Certificate and Deputy's Insignia

A deputy has a deputy's certificate and deputy's insignia which is issued to him or her by the relevant Council. The deputy shall use such certificate and insignia throughout his or her term of mandate.

Samples of the deputy's certificate and deputy's insignia shall be determined by the Cabinet.

Transitional Provisions

[17 February 1997]

1. [23 November 2000].

2. This Law shall also apply to deputies of a single decision-making body - Town Council or Rural Territory (or pagasts) Council - established within the merged administrative territory.

3. [23 November 2000].

4. Section 3.1 of this Law shall come into force on 11 March 2001.

[23 December 2000]

5. Section 15.1 of this Law shall come into force on 1 January 2008.

[27 September 2007]

6. The Cabinet shall issue the regulations referred to in Section 15.1, Paragraph six of this Law by 1 September 2008.

[17 July 2008]

7. In 2009 the remuneration (salary, bonuses, benefits, compensations) specified in accordance with this Law shall be determined in accordance with the Law On Remuneration of Officials and Employees of State and Local Government Authorities in 2009.

[12 June 2009]

8. Provisions of Section 4, Paragraphs two, six, seven and eight of this Law shall not apply to the deputies who have been elected in local government council elections of 2009. In order to ensure the acquisition of the official language for the deputies who have been elected in local government council elections of 2009, the provisions of Section 4, Paragraphs three, four and five of this Law shall be applied.

[23 September 2010]

This Law shall come into force from the date of its proclamation.

This Law has been adopted by the Saeima on 17 March 1994.

President G. Ulmanis

Rīga, 30 March 1994

 


1 The Parliament of the Republic of Latvia

Translation © 2011 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 17.03.1994.Entry into force: 30.03.1994.Theme:  Election; Local governmentsPublication: Latvijas Vēstnesis, 39, 30.03.1994.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 8, 28.04.1994.
Language:
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