Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
6 March 2003 [shall come
into force on 1 April 2003];
12 June 2003 [shall come into force on 28 June
2003];
16 December 2004 [shall come into force on 25 December
2004];
27 January 2005 [shall come into force on 1 March
2005];
16 June 2005 [shall come into force on 1 October
2005];
26 October 2006 [shall come into force on 23 November
2006];
14 November 2008 [shall come into force on 8 December
2008];
12 December 2008 [shall come into force on 1 January
2008];
11 June 2009 [shall come into force on 14 July
2009];
1 December 2009 [shall come into force on 1 January
2010];
13 October 2011 [shall come into force on 27 October
2011];
10 March 2016 [shall come into force on 5 April
2016];
2 February 2017 [shall come into force on 22 February
2017];
7 December 2017 [shall come into force on 3 January
2018];
29 October 2020 [shall come into force on 24 November
2020].
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.
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The Saeima1 has adopted and
the President has proclaimed the following law:
Law on
Corruption Prevention and Combating Bureau
Chapter I
General Provisions
Section 1. Concept of Corruption and
Purpose of this Law
(1) Within the meaning of this Law, corruption is bribery or
any other action by a public official intended to gain an
unmerited benefit for himself of herself or other persons through
the use of his or her position, powers thereof or by exceeding
them.
(2) The purpose of this Law is to prescribe the legal status
and functioning of the Corruption Prevention and Combating Bureau
(hereinafter - the Bureau) in order to pursue corruption
prevention and combating with a complex approach, as well as to
control fulfilment of the financing provisions of political
organisations (parties) and associations thereof.
Section 2. Status of the Bureau
(1) The Bureau is the institution of direct administration
which performs the functions laid down in this Law for corruption
prevention and combating, and also controls fulfilment of
financing regulations of political organisations (parties) and
associations thereof and inspects how the restrictions laid down
for the pre-election campaign, the campaign before referendum,
the campaign for the initiation of a law, and the campaign for
the initiation of recalling of the Saeima are complied
with.
(2) The Bureau is under supervision of the Cabinet. The
Cabinet shall implement the institutional supervision with the
intermediation of the Prime Minister. Supervision shall include
the right of the Prime Minister to inspect the rule of law of
administrative decisions taken by the Head of the Bureau and
withdraw unlawful decisions, and also, upon detecting unlawful
failure to act, issue an order to take a decision. The right of
the Cabinet to implement supervision shall not apply to the
decisions taken by the Bureau in fulfilling the functions
referred to in Sections 7, 8, 9, and 9.1 of this
Law.
(3) The Bureau is a body performing investigative field
work.
[10 March 2016]
Chapter
II
Structure, Officials and Staff of the Bureau
Section 3. Structure of the Bureau
and Consultative Bodies of the Bureau
(1) The Bureau is made up of the central headquarters and
territorial branches; these branches do not have the status of a
legal person. The structure of the Bureau is governed by the
rules of procedure of the Bureau.
(2) The Head of the Bureau, his or her deputies and Heads of
Departments of the central headquarters are included in the
composition of the Board. The activities of the Board of the
Bureau has a consultative nature. The tasks of the Board of the
Bureau shall be the following:
1) review priorities of the Bureaus activities;
2) review the draft budget of the Bureau;
3) review the draft co-operation agreements between the Bureau
and the relevant foreign counterparts;
4) review other issues related to the fulfilment of functions
of the Bureau if so requested by the Head of the Bureau or any
member of the Board of the Bureau;
(3) The meetings of the Board of the Bureau shall be convened
upon recommendation of the Head of the Bureau or a member of the
Board of the Bureau. The Board shall accept recommendations by a
majority of votes of all the members of the Board.
(4) In order to ensure participation of the representatives of
the public in the creation, implementation of corruption
prevention policy and education of the public, the Head of the
Bureau shall establish the Public Consultative Council. Decisions
of the Public Consultative Council shall be of recommendatory
nature.
[27 January 2005; 10 March 2016]
Section 4. Head of the Bureau
(1) The Head of the Bureau shall manage the work of the Bureau
and shall be responsible for efficient fulfilment of the
functions of the Bureau laid down in this Law. The Head of the
Bureau shall be appointed by the Saeima for five years
upon recommendation of the Cabinet. The Head of the Bureau shall
be dismissed from the position by the Saeima in accordance
with the procedures laid down in this Law. The same person may be
the Head of the Bureau not more than two successive terms of
office.
(2) The Cabinet shall announce an open competition for the
position of the Head of the Bureau. The Cabinet shall determine
the conditions and procedures for applying for the position of
the Head of the Bureau by applicants, and also the procedures for
selecting and evaluating the applicants.
(3) The selection of applicants for the position of the Head
of the Bureau shall be carried out by the commission managed by
the Director of the State Chancellery. The Prosecutor General,
the Director of the Constitution Protection Bureau and the
Director of the State Security Service shall be in the
composition of the commission. Not more than three
representatives authorised by the Public Consultative Council
shall participate in the selection of applicants for the position
of the Head of the Bureau in advisory capacity.
(4) The functions of the secretariat of the commission shall
be ensured by the State Chancellery.
(5) A person who complies with the following mandatory
requirements may be nominated for the position of the Head of the
Bureau:
1) is a citizen of Latvia with an impeccable reputation;
2) is fluent in Latvian and at least two foreign
languages;
3) has obtained a higher vocational education or academic
education (except for the first level vocational education) and
the qualification of lawyer, accumulated work experience
appropriate for the position and experience in a managing
position in public administration or in the field of the
protection of rights;
4) has not reached the age laid down in the law On State
Pensions for granting the old-age pension;
5) has not been punished for criminal offence (regardless of
the criminal record having been set aside or extinguished);
6) has not been convicted for a criminal offence, releasing
from a punishment;
7) has not been held criminally liable except when a person
has been held criminally liable but the criminal proceedings had
been terminated on an exonerating basis;
8) is not and has not been a staff employee or a freelance
employee, an agent, resident or safe-house keeper of the
U.S.S.R., Latvian S.S.R. or the security service (intelligence or
counter-intelligence service) of any foreign state other than the
Member State of the European Union or North Atlantic Treaty
Organisation;
9) is not and has not been a member of an organization
prohibited by law or by court ruling;
10) complies with the requirements of this Law to receive the
special permission for access to an official secret.
(6) The Head of the Bureau shall carry out the functions of
the manager of the institution of direct administration laid down
in the State Administration Structure Law, and also:
1) represent the Bureau without any special authorisation;
2) issue internal regulatory enactments of the Bureau without
any special co-ordination with the Prime Minister, except for the
rules of procedures of the Bureau;
3) determine jurisdiction of examination of matters and
decision taking in the Bureau;
4) at least once a year submit a report to the Cabinet and the
Saeima on activity results of the Bureau in fulfilment of
the functions referred to in Sections 7, 8, 9, and 9.1
of this Law, on development of the personnel policy of the
Bureau, and utilisation of the budget funds. The Prosecutor
General may be invited to examination of the report in the
Cabinet and responsible commission of the Saeima. Where
necessary, the commission referred to in Paragraph three of this
Section shall provide an opinion to the Cabinet and the
Saeima on the report of the Head of the Bureau. The degree
of details and amount of information to be included in the report
shall be determined by the Cabinet.
(7) In the absence of the Head of the Bureau his or her duties
shall be performed by the Deputy Head of the Bureau.
(8) The powers of office of the Head of the Bureau shall
terminate without any special decision:
1) within a month from the day when the Head of the Bureau has
submitted a submission to the Prime Minister and the Chairperson
of the Saeima for resignation from the position;
2) if the term of office laid down in the law has expired;
3) upon reaching the age laid down in the law On State
Pensions for granting the old-age pension;
4) if a conviction has taken effect;
5) if death has occurred.
(9) The Head of the Office may be dismissed from the position
by the decision of the Saeima, if it is established in
accordance with the procedures laid down in this Law that he or
she:
1) in performing his or her office duties, has committed an
intentional violation of law or negligence as a result of which
significant damage to the State or person has been caused;
2) fails to comply with the requirements laid down in Section
4, Paragraph five of this Law;
3) participates in activities of political organisations
(parties) or associations thereof;
4) has failed to comply with the restrictions and prohibitions
laid down in the law On Prevention of Conflict of Interest in
Activities of Public Officials as a result of which damage to the
State or person has been caused;
5) has not performed his or her office duties due to temporary
incapacity for more than fours successive months or six months in
a period of one year.
(10) The reasons referred to in Paragraph nine, Clauses 1, 2,
3, and 4 of this Section for dismissal of the Head of the Bureau
from the position which are indicated based on the information
provided by the Prosecutor General or Prime Minister, shall be
assessed by the commission managed by the Prosecutor General. The
Director of the State Chancellery, the Director of the
Constitution Protection Bureau and the Director of the State
Security Service shall be in the composition of the commission,
and also not more than three representatives authorised by the
Public Consultative Council shall participate in its work in
advisory capacity. If the commission fails to find the reasons
referred to in Paragraph nine, Clauses 1, 2, 3, and 4 of this
Section for the dismissal of the Head of the Bureau from the
position, his or her dismissal procedure shall be terminated. The
Cabinet shall determine procedures for the establishment,
operation and decision taking of the commission.
(11) If the commission referred to in Paragraph ten of this
Section finds the reasons referred to in Paragraph nine, Clauses
1, 2, 3, and 4 of this Section for the dismissal of the Head of
the Bureau from the position, it shall prepare a relevant
decision. The Head of the Bureau may appeal such decision within
10 days from the day of notification thereof before the
Administrative Regional Court. The court shall examine the case
as the court of first instance. The matter shall be examined in
the panel of three judges. The court shall examine the case and
make a ruling within 30 days after receipt of the application. If
the law determines a time period for execution of any procedural
step, however, the time period for the examination of the case
and making of the ruling laid down in this Paragraph would not be
complied with in executing the relevant procedural step within
such time period, the judge (court) shall determine a time period
for the execution of the relevant procedural step. The ruling of
the Administrative Regional Court is not subject to appeal.
(12) If the decision of the commission referred to in
Paragraph eleven of this Section is not appealed or is appealed,
and the court has recognised that it is lawful, the commission
shall send the decision to the Prime Minister. The Prime Minister
shall draw up and submit to the Saeima the relevant draft
decision to dismiss the Head of the Bureau from the position. The
decision of the Saeima to dismiss the Head of the Bureau
from the position is not subject to appeal.
[10 March 2016; 2 February 2017; 7 December 2017; 29
October 2020]
Section 5. Persons Employed in the
Bureau
(1) Persons employed in the Bureau shall be officials and
employees of the Bureau.
(2) The officials of the Bureau are the Head of the Bureau,
his or her deputies, the heads of departments of the central
headquarters and territorial branches, investigators and other
persons who ensure fulfilment of the functions of the Bureau and
are responsible for them, including they shall draft laws and
regulations or control compliance with them, draw up or issue
administrative deeds, draw up or take other decisions related to
the rights of an individual.
(3) An official of the Bureau shall be employed in accordance
with the State service relations, and the norms of the laws and
regulations governing the employment legal relations shall be
applicable to his or her employment legal relations which
determine the principle of equal rights, the principle of
prohibition of different attitude, the prohibition to cause
adverse consequences, working and rest time, remuneration for
work, material liability of the employee and time periods insofar
as it is not laid down in this Law, the Law on Remuneration of
Officials and Employees of State and Local Government Authorities
or the State Administration Structure Law.
(4) An employee of the Bureau shall be a person who carries
out technical work (for example, a technical secretary, a driver)
and does not fulfil the functions referred to in Paragraph two of
this Section. Such person shall be employed in accordance with
the laws and regulations governing employment legal
relations.
(5) A person who complies with the following mandatory
requirements may be a candidate for the position of the official
of the Bureau (except for the Head of the Bureau):
1) is a citizen of Latvia;
2) is fluent in Latvian and at least one foreign language;
3) has acquired higher education and accumulated the work
experience appropriate for the position;
4) has not reached the age laid down in the law On State
Pensions for granting the old-age pension;
5) has not been punished for criminal offence (regardless of
the criminal record having been set aside or extinguished);
6) has not been convicted for a criminal offence, releasing
from a punishment;
7) has not been held criminally liable except when a person
has been held criminally liable but the criminal proceedings had
been terminated on a vindicatory basis;
8) is not and has not been a staff employee or a freelance
employee, an agent, resident or safe-house keeper of the
U.S.S.R., Latvian S.S.R. or the security service (intelligence or
counter-intelligence service) of any foreign state other than the
Member State of the European Union or North Atlantic Treaty
Organisation;
9) is not and has not been a member of an organization
prohibited by law or by court ruling.
(6) A person who has not acquired higher education may be
employed in the position of an official of the Bureau, if such
education is not necessary for the performance of the relevant
position, an applicant has a secondary education and work
experience complying with the position.
(7) The Head of the Office shall determine the selection
procedures for the positions of officials and employees of the
Bureau.
(8) The officials and employees shall comply with the
requirements laid down in the law On Official Secrets in order to
receive a special permit for access to the official secret.
[10 March 2016]
Section 6. Appointing to and
Dismissal from a Position of an Official of the Bureau
(1) Officials of the Bureau shall be appointed to and
dismissed from the position by the Head of the Bureau.
(2) An official of the Bureau shall be appointed to the
position for an indefinite period of time. The official of the
Bureau may be appointed in the position also for a definite
period of time by indicating service conditions determining
it.
(3) By appointing an official of the Bureau to the position,
the Head of the Bureau may determine a probationary period not
exceeding six months.
(4) Service relations with the Bureau shall terminate for an
official of the Bureau (except for the Head of the Bureau):
1) if the official is dismissed from the position by a
decision of the Head of the Bureau;
2) if death of the official has occurred;
3) on the basis of a written agreement between the Head of the
Bureau and the official.
(5) An official of the Bureau is dismissed from the position
by a decision of the Head of the Bureau:
1) upon his or her own will;
2) due to expiry of the term of office;
3) due to failure to pass probation;
4) due to non-conformity with the position to be held;
5) due to non-satisfactory results of the work performance
assessment;
6) due to non-conformity with the mandatory requirements laid
down in this Law (Section 5, Paragraphs five and eight of this
Law);
7) upon reaching the age laid down in the law On State
Pensions for granting the old-age pension, except when a
justified decision to keep the relevant official in the position
for a definite period of time has been taken;
71) upon own will due to the fact that such length
of service has been reached which grants the right to the service
pension in accordance with the procedures laid down in the
law;
8) due to liquidation of a position or due to reduction in the
number of officials;
9) if an official has not been able to fulfil his or her
office duties due to temporary incapacity for more than four
successive months or six months in a period of one year;
10) by applying dismissal from the position of the official as
a disciplinary sanction;
11) due to election or appointment in other position, if laws
and regulations prohibit combining the position of the official
with the relevant position;
12) due to a conviction other than exonerating or a public
prosecutor's penal order in a criminal matter;
13) due to the fact that the official cannot perform his or
her office duties due to the health condition and it is certified
by a physician's opinion.
(6) A decision of the Head of the Bureau to dismiss an
official of the Bureau from the position may be appealed by the
relevant official to court in accordance with the procedures laid
down in the Administrative Procedure Law.
(7) A consent by a trade union is not necessary for the
termination of the service relations of an official of the
Bureau, also for his or her dismissal from the service.
[10 March 2016; 29 October 2020]
Section 6.1 Assessment of
Activities of Officials and Employees of the Bureau and Results
Thereof
(1) An assessment of activities of officials (except for the
Head of the Bureau) and employees of the Bureau and results
thereof shall be carried out by the direct manager of the
official or employee or the assessment committee established by
the Head of the Bureau each year.
(2) The procedures for the assessment of activities of
officials and employees of the Bureau and results thereof shall
be determined by the Head of the Bureau.
(3) The results of the assessment shall be used as the basis
for a decision to continue or terminate employment relations,
transfer into another position and determine remuneration.
[10 March 2016]
Section 6.2 Suspension of
an Official and Employee of the Bureau from a Position
(1) If means of security related to deprivation of liberty are
applied or criminal prosecution has been initiated against an
official of the Bureau, the Head of the Bureau (in case of the
Head of the Bureau - the Prosecutor General) shall suspend the
relevant official from performing his or her office duties and
stop disbursement of remuneration from the date of suspension
onward, paying a minimum monthly salary for such period of time,
if special restrictions on combining positions of a public
official are laid down in the laws and regulations for such
official. If during the time period of suspension the official
combines his or her position of a public official with a position
permitted by the law and earns income, the remuneration shall not
be disbursed from the date of suspension onward.
(2) If an official of the Bureau suspended in such manner is
found guilty by a court of committing a criminal offence, the
remuneration shall not be disbursed for the time period of
suspension, but if the minimum monthly salary is paid to the
official during the time period of suspension, the difference
between full remuneration and minimum monthly salary shall not be
disbursed for the time period of suspension. In case of acquittal
the remuneration shall be disbursed to the official for the time
period of suspension, but if the minimum monthly salary has been
paid to the official or employee during the time period of
suspension, the difference between full remuneration and minimum
monthly salary shall be disbursed.
(3) The Head of the Bureau may temporarily, however not longer
than for three months, suspend an official or employee from
performance of office duties, if the official or employee, in
performing his or her duties, is under influence of alcohol,
narcotic or toxic substances, and also in other cases when
non-suspension of the official or employee from performance of
office duties may cause harm to personal or third person's safety
and health, or public interests, or hinder investigation of
disciplinary or criminal matter. In case of suspension
disbursement of remuneration shall be stopped from the day of
suspension onward. If suspension of the official or employee has
been unjustified, remuneration shall be disbursed for the
suspended official or employee for the time period of
suspension.
[10 March 2016]
Chapter
III
Competence of the Bureau
Section 7. Functions of the Bureau
to Prevent Corruption
(1) In order to prevent corruption, the Bureau shall perform
the following functions:
1) develop a corruption prevention and combating strategy and
draw up a national programme, which is approved by the
Cabinet;
2) co-ordinate co-operation among the institutions referred to
in the national programme in order to ensure implementation of
the programme;
3) control implementation of the law On Prevention of Conflict
of Interest in Actions of Public Officials, and also compliance
with additional limitations laid down for public officials in
other laws and regulations;
4) prepare and co-ordinate projects of financial assistance by
foreign countries and international authorities;
5) review complaints and submissions in accordance with the
competence thereof, as well as carry out inspections proposed by
the President of Latvia, the Saeima, the Cabinet and the
Prosecutor General;
6) compile and analyse the information about the inspections
made, declarations submitted by public officials, any violations
detected in the submission thereof and failure to observe the
restrictions provided by law;
7) analyse the practice of State authorities in preventing
corruption and the resolved cases of corruption, submit
recommendations to the relevant Ministry and the State
Chancellery for the rectification of discrepancies found;
8) develop a methodology for corruption prevention and
combating in the State and local government institutions and in
the private sector;
9) compile and analyse the experience of other countries in
corruption prevention and combating;
10) analyse laws and regulations and draft laws and
regulations, and also initiate to make amendments thereto, submit
proposals for drafting new laws and regulations;
11) carry out public opinion surveys and analysis;
12) educate the public in the area of the law and ethics;
13) inform the public of the corruption development tendencies
and resolved cases of corruption, as well as the measures taken
in corruption prevention and combating;
14) develop and introduce a public relations strategy;
15) in accordance with the competence thereof evaluate the
content and results of inspections performed by other
institutions; and
16) examine the declarations of public officials within the
scope laid down by the law On Prevention of Conflict of Interest
in Actions of Public Officials.
(2) Provide information and recommendations on corruption
prevention issues upon the request of the Crime and Corruption
Prevention Council.
[6 March 2003; 14 November 2008]
Section 8. Functions of the Bureau
in Combating Corruption
(1) In order to combat corruption, the Bureau shall perform
the following functions:
1) hold public officials administratively liable and apply
sanctions for administrative violations in the field of
corruption prevention in the cases provided by the law;
2) carry out investigative and operational actions to discover
criminal offences provided in the Criminal Law in the service of
State authorities, if they are related to corruption.
(2) Other persons performing operational activities laid down
in the law have a duty, upon request of the Bureau, to provide
performance of measures of operational activities in a particular
manner necessary for fulfilment of the functions of the
Bureau.
[16 June 2005]
Section 9. Functions of the Bureau
in Controlling Fulfilment of Financing Regulations by Political
Organisations (Parties) and Associations Thereof
The Bureau in controlling the fulfilment of financing
regulations by political organisations (parties) and associations
thereof shall perform the following functions:
1) control the fulfilment of the Law on Financing of Political
Organisations (Parties);
2) in cases provided by the law, charge persons at fault with
administrative liability and impose appropriate sanctions;
3) perform investigation and operational activities in order
to discover criminal offences provided for in the Criminal Law,
if they are linked to violations of financing regulations of
political organisations (parties) and associations thereof and
if, in accordance with the law, such violations are not under the
jurisdiction of national security authorities;
4) review complaints and submissions in accordance with the
competence thereof, as well as carry out inspections initiated by
the President of Latvia, the Saeima, the Cabinet and the
Prosecutor General;
5) compile and analyse the information prepared about
declarations of financial activities submitted by political
organisations (parties) and associations thereof, violations
found in the submission thereof and failure to observe the
restrictions provided by the law;
6) analyse laws and regulations and draft laws and
regulations, and also initiate to make amendments thereto, submit
recommendations for drafting new laws and regulations;
7) carry out public opinion surveys and analysis;
8) educate the public in the field of financing of political
organisations (parties) and associations thereof; and
9) inform the public of any violations of financing
regulations of political organisations (parties) and associations
thereof, as well as of measures taken in prevention thereof.
[16 June 2005]
Section 9.1 Functions of
the Bureau in Controlling a Pre-election Campaign
Before the Saeima elections, elections to the European
Parliament and local government elections, the Bureau, in
controlling the fulfilment of the restrictions for a pre-election
campaign, shall perform the following functions:
1) in accordance with the competence laid down in laws on
pre-election campaign, control the conformity with the
restrictions for the pre-election campaign;
2) in cases provided by the law, charge persons at fault with
administrative liability and impose appropriate sanctions;
3) in accordance with the competence thereof examine
submissions;
4) compile and analyse information about the established
violations;
5) inform the society of the rules of the pre-election
campaign to be complied with by persons not related to political
organisations and associations thereof;
6) inform the society regarding the established pre-election
campaign violations, and also of the measures implemented for
their eliminations.
[11 June 2009; 29 October 2020]
Section 10. Rights of Officials of
the Bureau
(1) An official of the Bureau has the right, within the
competence thereof:
1) to conduct investigations as provided in the Criminal
Procedure Law;
2) to perform operational activities in order to resolve and
prevent criminal offences in the field of corruption and
financing of political organisations (parties) and associations
thereof;
3) to conduct administrative offence proceedings for the
administrative offences the examination of which is under the
jurisdiction of the Bureau in accordance with the law;
4) to request and receive free of charge information,
documents and other material from the State administration and
local government institutions, companies (undertakings),
organisations, officials and other persons, regardless of the
secrecy regime thereof;
5) to request and receive free of charge information from
credit institutions in cases and in accordance with the
procedures specified in the Law on Credit Institutions;
6) to have free access to all information stored in registered
data bases, the registration of which is specified in regulatory
enactments, regardless of the ownership thereof;
7) to obtain, receive, register, process, compile, analyse and
store information necessary for the performance of the functions
of the Bureau, the procedures for use of which shall be
determined by the Head of the Bureau;
8) if certain features have been ascertained in the actions of
a person evidencing to the possibility of wrongful act, to warn a
person that violations of the law are unacceptable;
9) upon presenting a service certificate of identity, freely
visit State administration and local government institutions, as
well as manufacturing premises, warehouses, trade and other
commercial premises located in the territory of Latvia owned or
used by legal or natural persons;
10) if necessary in the performance of corruption combating
functions and financing control functions of political
organisations (parties) and associations thereof, to use free of
charge communication and public information facilities of State
institutions, State companies (undertakings) and State
organisations, but in exceptional cases also the facilities owned
by other persons. The costs of the use of communication and
public information facilities owned by other persons shall be
paid if so requested by the owner;
11) in emergency cases and with the consent of the vehicle
driver, to use vehicles owned by companies (undertakings),
institutions, organisations or private persons (except for
vehicles of foreign diplomatic and consular representations and
representations of international organisations, as well as
vehicles of special services) for proceeding to a scene of event
or transportation of persons to medical treatment institution if
urgent medical assistance is needed, as well as for the pursuit
of persons who have committed criminal offence, and for immediate
transportation of detained persons to a police department;
12) to keep and carry service or personal firearms; use
firearms, as well as physical force and special means in
accordance with the law On Police;
13) to summon to the Bureau any person linked to the
investigation of a case or materials, and in the event a person
fails to appear without a justifiable reason after receiving such
summons, bring him or her by force;
14) to demand that a person cease to violate the law and other
actions interfering with the performance of their powers by
officials and employees of the Bureau, as well as to use
compulsory measures against such offenders;
15) to check personal documents of identification while
performing corruption combating functions and control functions
of financing of political organisations (parties) and
associations thereof;
16) to announce and reimburse remuneration for assistance in
resolution of a criminal offence and in detention of persons who
have committed a criminal offence;
17) with mediation of the Prosecutor General or his or her
authorised prosecutor, to pass materials of commenced criminal
proceedings to another investigative institution or to take over
materials of commenced criminal proceedings falling within the
competence of the Bureau from another investigative institution
for continuing of investigation; and
18) to detain and escort persons suspected or accused of
committing a criminal offence in accordance with the procedures
laid down in laws and regulations.
(2) The procedures for possession and carrying of firearms and
special implements owned (possessed) by the Bureau shall be
determined by the Head of the Bureau.
[6 March 2003; 16 December 2004; 27 January 2005; 16 June
2005; 29 October 2020]
Section 10.1 Issuance and
Contestation of Administrative Acts of the Bureau
(1) The Bureau shall, in fulfilling the functions laid down in
the law in accordance with the procedures laid down in the laws
and regulations governing administrative proceedings, issue
administrative acts, including administrative acts directed
towards monetary payments.
(2) Administrative acts issued by officials of the Bureau or
actual action of an official or employee of the Bureau may be
contested to the Head of the Bureau, but the administrative act
and actual action of the Head of the Bureau - appealed before a
court unless it has been laid down otherwise in laws and
regulations.
(3) Compulsory execution of administrative acts issued by the
Bureau shall be performed by bailiffs in accordance with the
procedures laid down in the Civil Procedure Law and the
Administrative Procedure Law.
[27 January 2005]
Section 11. Duty of Officials and
Employees of the Bureau
(1) An official and employee of the Bureau have a duty to
perform office or work duties, showing personal initiative and
acting in the public interests, in order to ensure proper
fulfilment of the functions of the Bureau as provided for in this
Law, to be responsible for his or her actions in accordance with
the procedures laid down in laws and regulations and to comply
with the basic principles of professional ethics and behaviour
laid down in the code of ethics of the Bureau.
(2) In the performance of the functions referred to in
Sections 7, 8 and 9 of this Law, the Bureau shall cooperate with
other State and local government institutions, public
organisations and foreign authorities.
[27 January 2005]
Chapter
IV
Legal Defence, Social Guarantees and Liability of Officials and
Employees of the Bureau
Section 12. Legal Defence and
Guarantees of Independence of Officials of the Bureau
(1) An official of the Bureau is a representative of the State
authority, and any legal requests and orders made or issued by
him or her in the performance of his or her office duties are
mandatory for all persons. Defamation of an official of the
Bureau, resisting an official of the Bureau, endangering the life
or health of an official of the Bureau, or any action interfering
with his or her performance of office duties shall be punished in
accordance with the law. A service identification document and a
special badge for verification of his or her powers shall be
issued to officials of the Bureau.
(2) An official of the Bureau shall not be liable for any
material or physical harm caused in accordance with the powers of
the Bureau to an offender failing to surrender or resisting
arrest.
(3) An official of the Bureau shall not be held criminally
liable in the territory of Latvia without the consent of the
Prosecutor General, he or she shall not be subject to arrest
(including administrative arrest), search, conveyance by force;
his or her residential or office premises or personal or official
vehicles shall not be subject to search or inspection. Such
criminal procedural restrictions shall not apply to officials of
the Bureau if they are caught committing a criminal offence, of
which the Prosecutor General and Head of the Bureau shall be
notified within 24 hours thereon.
[27 January 2005]
Section 13. Restrictions for
Officials of the Bureau
(1) Restrictions for earning income, combining positions and
performance of work, and also other restrictions and obligations
related thereto are laid down in the law On Prevention of
Conflict of Interest in the Actions of Public Officials.
(2) Along with the restrictions referred to in Paragraph one
of this Section, the following additional restrictions shall
apply to officials of the Bureau:
1) it is prohibited to take part in the activities of
political organisations (parties) and associations thereof;
2) it is prohibited to organise strikes, demonstrations,
pickets or take part therein.
Section 14. Remuneration of Bureau
Officials
Remuneration for officials of the Bureau shall be determined
in accordance with the Law on Remuneration of Officials and
Employees of State and Local Government Authorities.
[1 December 2009]
Section 15. Social Guarantees for
Officials and Employees of the Bureau
[1 December 2009]
Section 15.1 Service
Pensions for Officials of the Bureau
Service pensions shall be granted to officials of the Bureau
in accordance with the laws and regulations determining the
procedures for granting, calculating and disbursing service
pensions for officials of the Bureau.
[27 January 2005 / Section shall come into force
concurrently with the Law on Retirement Pensions of the Officials
of Corruption Prevention and Combating Bureau. See Transitional
Provisions]
Section 16. Benefit Payable in Case
of Injury of an Official or Employee of the Bureau or in Case of
Death of an Official or Employee of the Bureau or a Member of
Their Families
[1 December 2009]
Section 17. Childbirth Benefit
[1 December 2009]
Section 18. Benefit in Case of
Removal from Office or Layoff Benefit
[1 December 2009]
Section 19. Supplement for the
Performance of Additional Duties
[1 December 2009]
Section 20. Supplement for the
Performance of Office or Work Duties in Conditions of Increased
Work Intensity and Supplement for the Length of Service
[1 December 2009]
Section 21. Further Training and
Coverage of Training Expenses
[1 December 2009]
Section 22. Annual Leave
[1 December 2009]
Section 23. Study Leave
[1 December 2009]
Section 24. Leave Without Pay
[1 December 2009]
Section 25. Disciplinary Liability
of Officials of the Bureau
(1) An official of the Bureau (except for the Head of the
Bureau) shall be held disciplinary liable for the abuse of
position, exceeding official powers, disclosure of an official
secret or restricted access information, and failure to comply
with the working procedures, failure to fulfil the professional
duties or neglectful fulfilment of these duties, damage or loss
of the property of the Bureau, and also for the failure to comply
with the basic principles of professional ethics and behaviour
laid down in the code of ethics of the Bureau, for a shameful act
not compatible with the status of the official, and for the
violation of other laws and regulations during the fulfilment of
the office duties.
(2) The following disciplinary sanctions may be imposed on an
official of the Bureau for a disciplinary offence:
1) a reproof;
2) a reprimand;
3) reduction of the monthly salary for a period of time of up
to one year deducting up to 20 per cent from the monthly
salary;
4) demotion in position for a period of time up to three
years; or
5) removal from office.
(3) The Head of the Bureau shall initiate a disciplinary
matter not later than one month after detection of a disciplinary
offence. A disciplinary matter shall not be initiated, but the
initiated disciplinary proceedings shall be terminated, if one
year has passed from the day of committing the disciplinary
offence.
(4) The procedures for the initiation, examination and
application of the disciplinary sanction shall be determined by
the Head of the Bureau.
(5) The Head of the Bureau shall impose the disciplinary
sanction within 10 days from the day of receipt of the opinion of
the Disciplinary Committee. A decision to impose a disciplinary
sanction may be appealed before a court within a month from the
date of entering into effect of the decision in accordance with
the procedures laid down in the Administrative Procedure Law.
(6) Holding of an official of the Bureau as disciplinary
liable shall not release from the possible civil, administrative
or criminal liability.
[27 January 2005; 10 March 2016]
Section 26. Admonishment
(1) If an official of the Bureau has committed any of the
disciplinary offences referred to in Section 25, Paragraph one of
the Law, but such an offence is insubstantial or has not caused
unfavourable consequences, the Head of the Bureau may give an
admonishment to such an official without initiating a
disciplinary matter or by taking the decision to terminate the
disciplinary matter. Before giving an admonishment, a written
explanation shall be requested from the official of the
Bureau.
(2) An admonishment shall be given in written form (also in
the form of a resolution) by indicating the act or failure to act
having the features of a disciplinary offence and the infringed
legal norm, and the official to whom the admonishment is given
shall be informed thereof.
(3) Admonishment is not a disciplinary punishment.
(4) Copy of the document in which the admonishment is given
shall be appended to the personal file.
[29 October 2020]
Transitional
Provisions
1. This Law shall come into force on 1 May 2002.
2. As of 1 May 2002 the organisational measures shall be taken
for commencement of the activities of the Bureau.
3. As of 1 July 2002, the Bureau shall perform the following
functions:
1) in corruption prevention - the functions specified in
Section 7 of this Law except for those provided for in Paragraph
one, Clauses 3 and 6 of the Section;
2) in corruption combating - inquiry and investigatory
operations according to its competence;
3) controlling the fulfilment of financing regulations of
political organisations (parties) and associations thereof.
4. As of 1 February 2003, the Bureau shall perform the
functions specified in this Law in full amount.
[6 March 2003]
5. Authorities, within the competence of which the functions
of corruption prevention and combating, as well as the functions
of controlling the fulfilment of financing regulations of
political organisations (parties) and associations thereof were
included up to the date of coming into force of this Law, shall
continue to perform the referred to functions until the time when
they are taken over by the Bureau.
6. The Cabinet shall issue the Cabinet Regulation referred to
in this Law within three months.
7. The requirement referred to in Section 5, Paragraph three,
Clause 3 of this Law of higher education for an official of the
Bureau who has been appointed to the position before the date of
coming into force of this legal norm, shall be applicable
starting from 1 January 2009. An official of the Bureau who has
not commenced studies at an institution of higher education
before the date of coming into force of this legal norm, shall
commence studies in the institution of higher education until 1
October 2005 and submit a statement issued by the institution of
higher education on the commencement of studies to the Head of
the Bureau. An official of the Bureau studying in an institution
of higher education shall submit a statement issued by the
institution of higher education on the continuation of studies to
the Head of the Bureau each year until 15 October. An official of
the Bureau failing to commence studies at an institution of
higher education within the period of time laid down in this
Paragraph or failing to continue studies shall be dismissed from
the Bureau due to non-compliance with the position held. An
official of the Bureau is permitted to hold the position of the
official of the Bureau also without higher education, if four
years or less are left until reaching the service age laid down
in the law on the date of coming into force of this legal
norm.
[27 January 2005]
8. Section 15.1 of this Law shall come into force
concurrently with the Law On Retirement Pensions of the Officials
of Corruption Prevention and Combating Bureau.
[27 January 2005]
9. In 2009 the remuneration (salary, benefits, etc.) specified
in accordance with this Law shall be determined in accordance
with the lawOn Remuneration of Officials and Employees of State
and Local Government Authorities in 2009.
[12 December 2008]
10. The Cabinet shall issue the regulations provided for in
Section 4, Paragraph 1.1 of this Law until 1 January
2012.
[28 April 2011]
11. Amendments to Section 4, Paragraph two of this Law, which
provide additional requirements for the applicants to the
position of the Head of the Bureau, shall not apply to persons,
who have applied to competition for the position of the Head of
the Bureau, announced until the day of coming into force of these
requirements.
[13 October 2011]
12. The Cabinet shall issue the regulations provided for in
Section 4, Paragraph two of this Law until 1 June 2016. Until the
day of coming into force of these regulations, however, not later
than until 1 June 2016, the Cabinet Regulation No. 671 of 2
October 2012, Procedures for Selection of Candidates for the
Position of the Head of the Corruption Prevention and Combating
Bureau, shall be applied insofar as it is not in contradiction
with this Law.
[10 March 2016]
13. The Cabinet shall issue the regulations provided for in
Section 4, Paragraph six, Clause 4 which lay down the degree of
details and amount of information to be included in the report
until 1 June 2016.
[10 March 2016]
14. The Cabinet shall issue the regulations provided for in
Section 4, Paragraph ten of this Law until 31 March 2018.
[7 December 2017]
15. The head of the Bureau shall, not later than by 30 June
2016, notify employed persons with whom the State service
relations are to be established of the termination of employment
legal relations and establishment of the State service legal
relations. If the employed person (official or employee) does not
agree to establish State service relations within a month after
receipt of the notice, then the Head of the Bureau shall
terminate employment legal relations with the employed person by
an order. Consent of a trade union is not necessary for the
termination of such employment legal relations.
[10 March 2016]
This Law has been adopted by the Saeima on 18 April
2002.
President V. Vīķe-Freiberga
Riga, 30 April 2002
1 The Parliament of the Republic of
Latvia
Translation © 2021 Valsts valodas centrs (State
Language Centre)