Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
8 May 2003 [shall come into
force from 1 June 2003];
15 December 2005 [shall come into force from 1 January
2006];
14 September 2006 [shall come into force from 22
September 2006];
7 June 2007 [shall come into force from 28 June
2007];
13 November 2008 [shall come into force from 22 November
2008];
26 March 2009 [shall come into force from 1 May
2009];
12 November 2009 [shall come into force from 1 January
2010];
27 May 2010 [shall come into force from 16 June
2010];
30 September 2010 [shall come into force from 14 October
2010];
28 April 2011 [shall come into force from 1 June
2011];
14 June 2012 [shall come into force from 18 July
2012];
20 December 2012 [shall come into force from 23 January
2013];
30 January 2014 [shall come into force from 27 February
2014];
13 February 2014 [shall come into force from 7 March
2014];
30 October 2014 [shall come into force from 29 November
2014];
21 May 2015 [shall come into force from 17 June
2015];
10 September 2015 [shall come into force from 13 October
2015];
4 February 2016 [shall come into force from 16 February
2016];
9 June 2016 [shall come into force from 13 July
2016];
27 June 2016 (Constitutional Court Judgment) [shall come
into force from 29 June 2016];
1 February 2018 [shall come into force from 6 March
2018];
25 October 2018 [shall come into force from 15 November
2018].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
On Prevention
of Conflict of Interest in Activities of Public Officials
Chapter I
General Provisions
Section 1. Terms Used in the Law
The following terms are used in this Law:
1) office - work or service within the scope of
specified authorisation in an institution of a public person, in
a public, political or religious organisation, as well as in a
commercial company. Within the meaning of this Law, an office is
not the work of a public official when representing the relevant
authority of a public person in which he or she holds the office
of a public official in the international organisation of which
the Republic of Latvia is a member state or with which the
Republic of Latvia is cooperating, as well as in commissions,
advisory councils, and working groups established by other
authorities, and a remuneration is not specified for such
work;
2) work-performance contract - a contract governed by
civil law by which a public official undertakes to perform work
of a specified amount for the benefit of another person for
certain remuneration;
3) authorisation - a set of rights which has been
granted to a public official by another person in order that the
public official shall act in the name and interests of the
authorising person;
4) counterparty - a natural or legal person or an
association of natural and legal persons established on the basis
of a contract, which in accordance with the provisions of this
Law is in declarable business relations with a public
official;
5) conflict of interest - a situation where, in
performing the duties of office of the public official, the
public official must take a decision or participate in taking of
a decision or perform other activities related to the office of
the public official which affect or may affect the personal or
financial interests of this public official, his or her relatives
or counterparties;
6) relative - father, mother, grandmother, grandfather,
child, grandchild, adoptee, adopter, brother, sister,
half-sister, half-brother, spouse;
7) creative work - journalistic, literary or artistic
work for which royalties or fees are received;
8) authority of a public person:
a) an institution (its unit) of a public person;
b) a capital company of a public person;
c) a capital company in the equity capital of which the share
of a public person separately or together exceeds 50 per cent or
in which a public person has another decisive influence in
accordance with the Group of Companies Law;
d) a capital company in the equity capital of which the share
of capital companies of a public person or several public persons
separately or together exceeds 50 per cent or in which one public
person has or several public persons have another decisive
influence in accordance with the Group of Companies Law;
9) head of the authority of a public person:
a) the head of the institution of a public person (in a
ministry - the State Secretary). The Saeima, Presidium of
the Saeima or Speaker of the Saeima is not the head
of the authority, a higher public official, an institution or
collegial authority in respect of a member of the
Saeima;
b) the board of a capital company of a public person;
c) the board of such capital company in the equity capital of
which the share of a public person separately or together exceeds
50 per cent or in which a public person has another decisive
influence in accordance with the Group of Companies Law;
d) the board of such capital company in the equity capital of
which the share of capital companies of a public person or
several public persons separately or together exceeds 50 per cent
or in which one public person has or several public persons have
another decisive influence in accordance with the Group of
Companies Law.
[28 April 2011; 30 October 2014; 1 February 2018]
Section 2. Purpose of the Law
The purpose of this Law is to ensure that the actions of
public officials are in the public interests by preventing the
influence of a personal or financial interest of any public
official, his or her relatives or counterparties on the actions
of the public official, to promote openness of the actions of the
public officials and their public accountability, as well as the
public confidence in the actions of public officials.
Section 3. Scope of Application of
this Law
This Law provides for:
1) restrictions and prohibitions on public officials;
2) prevention of conflict of interest in actions of public
officials;
3) declaration of the financial status of public officials and
a mechanism for the verification of the declarations of public
officials.
Section 4. Public Officials
(1) Public officials are:
1) the President;
2) members of the Saeima;
3) the Prime Minister, Deputy Prime Minister, Ministers,
Ministers for Special Assignments, and Parliamentary
Secretaries;
4) the head of the Chancellery of the President of Latvia and
his or her deputy, the Secretary General of the Saeima
Administration;
5) advisors to the President, advisors, consultants and
assistants, as well as heads of the Offices of the Prime
Minister, Deputy Prime Minister, Ministers, and Ministers for
Special Assignments;
6) the President of the bank Latvijas Banka, his or her
deputy and members of the Council of Latvijas Banka;
7) the Auditor General, members of the Council of the State
Audit Office, and the sectoral head of the audit department of
the State Audit Office;
8) the Chairperson of the Central Election Commission, his or
her deputy, and the Secretary of the Central Election
Commission;
9) the Director of the Constitution Protection Bureau and his
or her deputy;
10) the director of the Corruption Prevention and Combating
Bureau, his or her deputies, heads of central administration
divisions and their deputies, heads of territorial offices and
investigators;
11) the head of the Prevention of the Laundering of Proceeds
from Crime Service and his or her deputy;
12) the Ombudsman and his or her deputy;
13) members of the National Electronic Mass Media Council,
members of the Council of the Public Utilities Commission,
members of the Council of the Financial and Capital Market
Commission;
14) the chairperson of a local government council and his or
her deputy, the executive director of a local government and his
or her deputy, as well as the head of the administration of a
rural territory (or pagasts) or town in the municipality local
government;
15) councillors of local government councils;
16) head of an institution of a public person and his or her
deputy;
17) civil servants of the general or specialised State civil
service;
18) a member of the board of a capital company who represents
the interests of a public person in the capital company, or a
member of the board in a capital company in the equity capital of
which the share of a public person separately or together exceeds
50 per cent or in which a public person has another decisive
influence in accordance with the Group of Companies Law;
19) a member of the council or board of a capital company of a
public person;
191) a member of the board of such capital company
in which the share of capital companies of a public person or
several public persons in the equity capital separately or
together exceeds 50 per cent or in which one public person has or
several public persons have another decisive influence in
accordance with the Group of Companies Law, and such a member of
council of capital company who represents the interests of the
capital company of a public person;
20) a representative of the holder of capital share of a
public person and his or her authorised person;
21) judges, prosecutors, sworn notaries, and sworn
bailiffs;
22) professional service soldiers of the National Armed
Forces;
23) [12 November 2009];
24) member of the public procurement commission;
25) officials with special service ranks working in the
institution of the system of the Ministry of the Interior and the
Prisons Administration;
26) an insolvency administrator;
27) the chairperson and a member of the Industrial Property
Board of Appeal.
(2) Also the persons who, in fulfilling official duties in
authorities of a public person, have the following rights in
accordance with laws and regulations shall be considered to be
public officials:
1) to issue administrative acts;
2) to fulfil supervisory, control, inquiry or punishment
functions in relation to persons who are not directly or
indirectly subordinate to them;
3) to take or prepare decisions to acquire the property of a
public person, to transfer it in the ownership, use or possession
of other persons, to alienate from other persons or to encumber
with property or obligation rights, as well as to divide
financial resources.
(21) Also persons who, in fulfilling official
duties in State intelligence and security services, perform at
least one of the following activities shall be considered to be
public officials:
1) intelligence;
2) counter-intelligence;
3) investigatory operations;
4) the processing, analysis or protection of information
acquired through intelligence, counter-intelligence or
investigatory operations.
(22) Also persons who, in fulfilling official
duties in authorities involved in the management of European
Union or foreign financial aid, perform at least one of the
following activities shall be considered to be public
officials:
1) fulfil supervisory, control or punishment functions in
relation to persons who are not directly or indirectly
subordinate to them;
2) take decisions on the submitted project or project
application;
3) take such a decision which affects the use of the granted
financial aid.
(23) Also the persons who hold the office of the
chairperson of the board of a port, port manager, member of the
board of a port, the chairperson of the board, the member of the
board or manager of Liepāja Special Economic Zone shall be
considered to be public officials. Persons employed in private
ports shall be considered to be public officials only if such is
provided for in Paragraph three of this Section.
(3) Persons who fulfil official duties externally of
authorities of a public person shall also be considered to be
public officials if in accordance with the laws and regulations
the State or local government has permanently or temporary
delegated to them any of the functions referred to in Paragraph
two of this Section.
(4) A member of the board of such capital company in the
equity capital of which the share of capital companies of a
public person or several public persons separately or together
exceeds 50 per cent or in which one public person has or several
public persons have another decisive influence in accordance with
the Group of Companies Law, and a member of such council of
capital company who represents the interests of the capital
company of a public person shall not be considered to be a public
official if the relevant capital company is registered in a
foreign state. Prevention of the conflict of interest in the
activities of members of the board or council of such capital
companies shall be ensured in accordance with the procedures and
in the amount laid down in laws and regulations and articles of
association by a capital company of a public person which owns
capital shares in the abovementioned capital company registered
in a foreign state.
(5) A person who temporary fulfils the duties of office of
other public official shall also be considered to be a public
official. The provisions provided for in the Law which apply to
the public official the duties of office of which he or she
performs shall be applicable to such public official.
[8 May 2003; 15 December 2005; 14 September 2006; 7 June
2007; 26 March 2009; 12 November 2009; 27 May 2010; 28 April
2011; 14 June 2012; 30 October 2014; 21 May 2015; 10 September
2015; 9 June 2016 / Law of 30 October 2014, Amendments to the law
On Prevention of Conflict of Interest in Activities of Public
Officials, by which Paragraph one of Section is supplemented with
Clause 26 in the following wording: "26) an insolvency
administrator;", insofar as it does not ensure guarantees of
professional activity for administrators of insolvency
proceedings who are also concurrently advocates for the
preservation of the selected occupation, has been recognised as
not corresponding to the first sentence of Section 106 of the
Constitution of the Republic of Latvia by the Judgment of the
Constitutional Court of 21 December 2015, which entered into
effect on 23 December 2015.]
Section 5. Control of the
Implementation of this Law
(1) The Corruption Prevention and Combating Bureau, as well as
other State authorities and public officials shall control the
implementation of this Law in conformity with the competence
determined in this Law and other laws and regulations.
(2) The activities of the Corruption Prevention and Combating
Bureau shall be governed by the Law on Corruption Prevention and
Combating Bureau.
Chapter
II
Restrictions and Prohibitions on Public Officials
Section 6. General Restrictions on
Combining Offices of Public Officials
(1) A public official is permitted to combine an office of the
public official with another office, the performance of a
work-performance contract or authorisation, or economic activity
in the status of an individual merchant, or by registering with
the State Revenue Service as the performer of economic activity
in accordance with the law On Personal Income Tax, if
restrictions on the combining of the offices of the public
official are not provided for in this Law or another regulatory
enactment.
(2) Unless stricter restrictions are provided for in the law,
a public official shall be allowed, by complying with the special
restrictions on combining offices provided for in Section 7,
Paragraphs two, three, four, five, and six of this Law, to
combine his or her office of the public official with not more
than two other offices of a public official remunerated or
compensated in some other way, or offices in other authorities of
a public person. The work of a teacher, scientist, doctor,
professional athlete and creative work shall not be considered as
the offices referred to in this Paragraph. The combining of
offices referred to in this Paragraph shall be permissible if it
does not entail a conflict of interest, is not in contradiction
with ethical norms binding upon the public official and does not
harm the performance of the direct obligations of the public
official.
(3) A public official is permitted to combine his or her
office of the public official with another office in such
authority of a public person in which he or she is fulfilling the
official duties of a public official, if such combining of
offices does not entail a conflict of interest and if
restrictions for combining the office of a public official are
not provided for in this Law or another regulatory enactment.
(4) A public official to whom the special restrictions for the
combining of offices specified in Section 7 of this Law have been
determined is permitted to combine the office of a public
official with:
1) an office which he or she holds in accordance with the law,
the international agreements ratified by the Saeima,
regulations and orders of the Cabinet, if it does not jeopardize
the independence stipulated in laws and regulations for such
public official or authority in which the relevant public
official is employed;
2) the work of a teacher, scientist, physician, professional
athlete, or creative work, also when performing such work as a
performer of economic activity in accordance with the law On
Personal Income Tax;
3) an economic activity in the status of an individual
merchant or as a performer of economic activity in accordance
with the law On Personal Income Tax, if within the scope of such
activity income is obtained only from agricultural production,
forest exploitation, fishing, rural tourism, or professional
activity of a general practitioner;
4) an economic activity conducted by managing the immovable
property belonging to such public official as a performer of
economic activity in accordance with the law On Personal Income
Tax;
5) execution of such authorisation on the grounds of which
such official is acting on behalf of his or her relative if it
does not result in a conflict of interest;
6) an office in a commission, council established by the
President, or the Chapter of Orders, if it does not result in a
conflict of interest;
7) service in the National Guard, unless otherwise provided
for in the law.
[28 April 2011; 30 October 2014; 10 September 2015; 1
February 2018]
Section 7. Special Restrictions on
Combining Offices of Public Officials
(1) Combining the office of the President with another office
shall be determined by the Constitution of the Republic of
Latvia.
(2) In addition to that specified in Section 6, Paragraph four
of this Law, a member of the Saeima, the Prime Minister,
the Deputy Prime Minister, a Minister, a Minister for Special
Assignments, and a Parliamentary Secretary may combine the office
of a public official only with:
1) the offices in a trade union, an association or foundation,
a political party, a political party alliance, or a religious
organisation;
2) another office or work in the Saeima or the Cabinet,
or an office held by him or her in international organisations
and authorities if it is determined by decisions of the
Saeima and its authorities, regulations or orders of the
Cabinet.
(3) In addition to that specified in Section 6, Paragraph four
of this Law the President of Latvijas Banka, his or her
deputy, and a member of the council of Latvijas Banka, the
Auditor General, a member of the council of the State Audit
Office, the chairperson of the Central Election Commission and
his or her deputy, the director of the Constitution Protection
Bureau and his or her deputy, the Ombudsman and his or her
deputy, a member of the council of the National Electronic Mass
Media Council, the chairperson and member of the council of the
Public Utilities Commission, the chairperson of the Financial and
Capital Market Commission, his or her deputy and member of the
council thereof, the Director General of the State Revenue
Service, a director of the board thereof and his or her deputy,
the director of the Corruption Prevention and Combating Bureau,
his or her deputy, head of a division thereof and his or her
deputy, as well as an investigator, a judge, a prosecutor, a
sworn notary, and a sworn bailiff, the head of the Office for
Prevention of Laundering of Proceeds Derived from Criminal
Activity and his or her deputy, the chairperson and a member of
the Industrial Property Board of Appeal, the Chief of the State
Police and his or her deputy, the Chief of the Security Police
and his or her deputy, the Chief of the State Border Guard and
his or her deputy, the head of the State Fire and Rescue Service
and his or her deputy, the head of the Internal Security Bureau
and his or her deputy, the chief of the municipal police and his
or her deputy, the Commander of the National Armed Forces and his
or her deputy, the Chief of the Headquarters of the National
Armed Forces and his or her deputy, the head of the department
and of the board thereof, the commander of the Unit of Regular
Forces of the National Armed Forces and of the National Guard,
the commander (chief) of the unit, and the chief of the garrison
may combine the office of a public official only with:
1) an office in the association of the relevant profession or
sector, also in a trade union, except for the heads of the
authorities referred to in this Paragraph and the cases when it
is prohibited by the law;
2) the following offices if it does not result in a conflict
of interest and a written permit has been received from the
public official or collegial authority which has appointed,
elected or approved the relevant person in the office or which is
referred to in Section 8.1, Paragraph eleven of this
Law:
a) the work of an expert (consultant) the place of performance
of which is administration of another country, an international
organisation, or its representation (mission);
b) an office in an association or a foundation, or in a
religious organisation.
(4) In addition to that specified in Section 6, Paragraph four
of this Law, the chairperson of a local government council, a
deputy chairperson of a republic city council, an executive
director of a local government and his or her deputy, the head of
an institution of a public person and his or her deputy, the head
of the Chancery of the President and his or her deputy, the
Secretary General of the Administration of the Saeima,
head of the board of a rural territory or a town in a
municipality local government, a member of the board of a capital
company of a public person, and also a member of the board of the
capital company referred to in Section 1, Clause 8, Sub-clause
"c" of this Law may combine the office of a public official only
with:
1) an office in a trade union, an association or foundation, a
political party, a political party alliance, or a religious
organisation, unless otherwise provided for in Paragraph seven of
this Section;
2) the following offices if it does not result in a conflict
of interest and a written permit has been received from the
public official or collegial authority which has appointed,
elected or approved the relevant person in the office:
a) an office in a capital company in which the public person
or capital company of the public person is a shareholder, if it
is related to the representation of the interests of the public
person in such capital company;
b) another office in an authority of a public person;
c) the work of an expert (consultant) the place of performance
of which is administration of another country, an international
organisation, or its representation (mission).
(5) In addition to that specified in Section 6, Paragraph four
of this Law, the official referred to in Section 4, Paragraph
one, Clause 19.1 and Paragraph 2.3 of this
Law, as well as a member of the council of a capital company of a
public person and member of the council of a capital company who
represents the interests of the public person in the capital
company may combine the office of a public official only with
another office, performance of a work-performance contract or
authorisation, if such combining does not result in a conflict of
interest and written permit has been received from such
representative of the holder of capital shares of the public
person which has nominated the relevant person for election in
the office of a member of the council, or written permit has been
received from the public official or collegial authority which
has appointed, elected or approved the relevant person in the
office.
(6) In addition to that laid down in Section 6, Paragraph four
of this Law, a State civil servant, sectoral head of the Audit
Department of the State Audit Office, the Secretary of the
Central Election Commission, an official with special service
ranks of the Ministry of the Interior system institutions and the
Prisons Administration, and also an official of the municipal
police, a professional service soldier and civil employee of the
National Armed Forces and the official referred to in Section 4,
Paragraphs two and 2.1 of this Law for whom special
conditions for combining the office are not laid down in this
Section or in another law may combine the office of public
official only with:
1) the offices in a trade union;
2) another office, performance of a work-performance contract
or authorisation, or economic activity in the status of an
individual merchant, or by registering with the State Revenue
Service as a performer of economic activity in accordance the law
On Personal Income Tax if such combination does not entail a
conflict of interest and a written permit of the head of the
relevant institution of a public person or of his or her
authorised person has been received. If a professional service
soldier is appointed in the office in a civil State institution
or State security institution for a definite period of time in
accordance with the procedures provided for in the law, a written
permit regarding the combination of the offices shall be issued
by the head of the institution who has appointed him or her in
the office.
(7) In addition to those public officials who by other laws
and by this Section are not permitted to combine their office of
a public official with an office in a political party or
political party alliance, this type of combination of offices is
also not permitted for the director of the State Chancellery and
his or her deputy, the State Secretary and his or her deputy, as
well as a member of the board or council of a State capital
company.
(8) If the performance of the duties of the office of a public
official is assigned to a person employed in the authority of a
public person (Section 4, Paragraph five) and therefore such
person must additionally comply with the restrictions on
combining offices laid down in this Section and must perform the
activities referred to in Section 8, Paragraphs one and two of
this Law, then the head of the authority of a public person may,
for the time period of performance of the duties of the office of
the relevant public official, but for not more than 18 months,
permit the combination of the relevant offices provided that it
does not result in a conflict of interest and does not cause harm
to the performance of direct duties of the public official.
[1 February 2018; 25 October 2018]
Section 8. Procedures for the
Enforcement of Restrictions on Combining the Offices of Public
Officials if the Combination of Offices is Prohibited
(1) A person who, after assuming the office as a public
official, concurrently holds an office the combining of which
with the office of public official is not permitted, has to
fulfil the following obligations within seven days in
writing:
1) to notify a higher public official or collegial authority
of the fact that he or she holds one or more offices (performs a
work-performance contract or authorisation) the combining of
which with the office of public official is prohibited;
2) to submit to the authority in which the person holds an
office the combining of which with the office of public official
is prohibited a submission requesting the release of him or her
from the relevant office.
(2) If the person who after assuming the office as a public
official at the same time performs economic activity, performs
work-performance contract or authorisation, the combining of
which with the office of public official is prohibited, he or she
shall, within three months from the day of assuming the office,
terminate the economic activity, work-performance contract or
cease the authorisation.
(3) The authority (person) which has received the submission
of a public official referred to in Paragraph one, Clause 2 of
this Section has an obligation, within one month, to take a
decision to release the person from the office. The decision
shall be sent to the relevant public official.
(4) If a public official has not received the decision
referred to in Paragraph three of this Section due to
circumstances beyond his or her control, he or she has an
obligation after the expiry of the time period referred to in
Paragraph three of this Section:
1) to notify in writing a higher public official or collegial
authority, as well as the Corruption Prevention and Combating
Bureau thereof;
2) to suspend the performance of the duties of the relevant
office;
3) to notify the authority (person) referred to in Paragraph
one, Clause 2 of this Section regarding the suspension of the
receipt of remuneration and to not utilise further payments of
remuneration.
(5) If the authority referred to in Paragraph one, Clause 2 of
this Section has not fulfilled the provisions of Paragraph three
of this Section, the public official shall be considered as
having observed the requirements of this Law.
[7 June 2007; 28 April 2011]
Section 8.1 Procedures
for the Enforcement of Restrictions on Combining the Offices of
Public Officials, if for the Performance of the Combination of
Offices Permit is Necessary
(1) A person who, upon assuming an office of a public
official, at the same time holds another office and such
combining of offices is permitted upon receipt of a written
permit from the official (authority) has an obligation, prior to
the appointment, election or approval to office, to submit in
writing to such official (authority) a request to permit the
combination of the public official office with another office.
The performance of economic activity, work-performance contract
or authorisation shall also be considered as an office in this
Section.
(2) If a person whose public official status is determined
after a decision on his or her appointment, election or approval
to office has been taken holds another office at the same time
and such combining of offices is permitted upon receipt of
written permit from an official (authority), the relevant person
has an obligation, within seven days from the day of
specification of public official status, to submit to the
abovementioned official (authority) a request in writing to
permit the combination of the public official office with another
office.
(3) A public official who wishes to combine a public official
office with another office, and such combining of offices is
permitted upon receipt of a written permit from an official
(authority) shall, prior to the commencement of the combination
of offices (conclusion of a work-performance contract or assuming
authorisation), submit to the abovementioned official (authority)
a request in writing to permit the combination of the public
official office with another office.
(4) If a public official holds several public official
offices, written permit shall be received for each office for the
combining of which with another office a permit is necessary in
accordance with this Law.
(41) If a public official (authority) that
appoints, elects or approves a person to the office of a public
official is the same as the one which, according to the
conditions of the relevant Paragraph of Section 7 of this Law,
takes a decision to permit combining the office of a public
official with other offices, on the basis of information provided
by the person, shall take a decision to permit combining the
offices, also when appointing, electing or approving a person to
the relevant office. In such case, no other permit is necessary
for the mutual combining of the relevant offices. The issues
referred to in Paragraph five of this Section shall be evaluated
and reflected in the decision to appoint, elect or approve to the
office. The permit for the combination of offices may be revoked
according to Paragraph six of this Section.
(5) In the cases provided for in this Law, a public official
(authority) upon receipt of the request referred to in Paragraph
one, two, or three of this Section to permit a public official to
combine a public official office with another office has an
obligation to:
1) evaluate whether the combination of the office will not
entail a conflict of interest, will not be in contradiction with
ethical norms binding upon the public official and will not harm
the performance of the direct duties of the public official;
11) evaluate whether the combination of the office
will not harm the interests of the State of Latvia, if the
performance of the work is intended in a foreign state,
international organisation, the representation (mission) thereof
or on their behalf;
2) within one month, take a decision on the issuing of permit
or the refusal to issue a permit for the combination of
offices.
(6) If after coming into effect of the decision to issue a
permit for the combination of offices, the legal or factual
circumstances, which are referred to in Paragraph five, Clause 1
of this Section and which were the basis for the taking of the
relevant decision, have changed, and the change of such
circumstances does not permit the continued combination of
offices, the relevant public official (authority) shall revoke
the decision to issue a permit for the combination of
offices.
(7) The decision to refuse to issue a permit for the
combination of offices shall be taken and drawn up in accordance
with the procedures laid down in the Administrative Procedure
Law, indicating the justification for the decision in accordance
with the requirements of Paragraph five, Clause 1 of this Section
and other laws and regulations. The decision to permit the
combination of an office of a public official with another office
may be drawn up also in the form of a resolution. The procedures
for registering decisions shall be determined by the head of the
authority.
(8) If the issuing of permit to combine offices is refused
with a decision or a decision is taken which revokes a decision
to issue permit for the combination of offices, the relevant
official may dispute and appeal such decisions in accordance with
the procedures laid down in the Administrative Procedure Law. The
dispute or appeal of a decision shall not suspend the operation
thereof.
(9) If the issuing of a permit to combine offices is denied to
a public official and such official already holds the office to
be combined, and also when the decision to issue permit for the
combination of offices has been revoked in accordance with
Paragraph six of this Section, the public official shall, within
one month, submit a request to release him or her from one or
several offices in order to observe the restrictions for the
combination of offices laid down in this Law. Further actions of
authority (person) and the public official shall be subject to
Section 8, Paragraphs three, four and five of this Law.
(10) If the issuing of a permit to combine the office with the
performance of economic activity, performance of work-performance
contract or authorisation has been denied to a public official,
and the work-performance contract has already come into effect,
this official has assumed the fulfilment of authorisation or has
commenced the performance of economic activity, and also when the
decision to issue permit for the fulfilment of the abovementioned
obligations has been revoked in accordance with Paragraph six of
this Section, the relevant official, if he or she continues to
hold the office of a public official in relation to which the
combination of offices with the performance of work-performance
contract or authorisation referred to in this Paragraph has been
refused, shall, within three months, terminate the economic
activity, work-performance contract or cease the
authorisation.
(11) A decision to issue the permit referred to in Section 7,
Paragraph three, Clause 2 of this Law shall be taken by the
President of Latvijas Banka for the members of the
council, the Auditor General for the members of the council of
the State Audit Office, the chairperson of the Central Election
Commission for the deputy chairperson of the Central Election
Commission, the Prime Minister for the head of the Corruption
Prevention and Combating Bureau and the director of the
Constitution Protection Bureau, the assignments sitting of the
Constitutional Court for the judges of the Constitutional Court
(also for the chairperson and his or her deputy), the Chairperson
of the relevant court for other judges, the Minister for Justice
for the presidents of district (town) and regional courts, the
President of the Supreme Court for the Prosecutor General, the
chairperson of the relevant council for the members of the
Council of Public Utilities Commission, for the members of the
National Electronic Mass Media Council, Council of the Financial
and Capital Market Commission (also for the deputy chairperson).
The Presidium of the Saeima shall take the decision to
issue the relevant permits for other public officials referred to
in Section 7, Paragraph three of this Law, who have been elected,
appointed or approved in the office by the Saeima.
[7 June 2007; 13 November 2008; 27 May 2010; 30 September
2010; 28 April 2011; 14 June 2012; 1 February2018]
Section 9. Restrictions on the
Obtaining of Income
(1) A public official is permitted to concurrently receive
remuneration for the performance of duties of office as public
official and remuneration for the performance of such duties of
office, work-performance contract or authorisation as are not
prohibited to the official by this Law and other laws, as well as
to obtain income from commercial activity or other sources of
income, which are not prohibited to him or her by this Law and
other laws.
(2) If the performance of the duties of office of a member of
the Saeima is combined with the office of the Prime
Minister, Deputy Prime Minister, Minister for Special
Assignments, or Parliamentary Secretary, he or she is permitted
to receive the remuneration intended only for one office.
(3) A public official shall not obtain income from capital
shares and stock, as well as from any kind of securities in
commercial companies that are registered in tax-free or low-tax
countries and territories in accordance with Cabinet
regulations.
(4) A public official while he or she is a representative of
the holder of capital shares of a public person, as well as three
years after the fulfilment of these duties is prohibited:
1) to receive, directly or through the intermediation of third
parties, any kind of financial benefit, including financial
resources, not related to the performance of his or her
duties;
2) to accept gifts from the relevant capital company or
members of its supervisory or executive bodies;
3) to acquire capital shares, stocks or property of the
relevant capital company;
4) to hold other offices in the relevant capital company.
(5) A public official who in accordance with Section 7,
Paragraph four, Clause 2 of this Law holds an office in a capital
company in which a State or local government capital company is a
shareholder is prohibited from gaining income from such capital
company in which the State or local government capital company is
a shareholder and in which the public official holds the relevant
office.
[8 May 2003; 15 December 2005; 7 June 2007; 13 November
2008; 26 March 2009; 30 October 2014; 1 February 2018]
Section 10. Restrictions on
Commercial Activities
(1) The President, members of the Saeima, the Prime
Minister, Deputy Prime Minister, Ministers, and Ministers for
Special Assignments may not be the shareholders, stockholders,
partners of such commercial company or such individual merchants
who receive orders for public procurements, partnership
procurements, procurements of public service providers or
concessions, State financial resources or State-guaranteed
credits. Parliamentary Secretaries, State Secretaries and their
deputies, the President of Latvijas Banka and his or her
deputy, members of the Council of Latvijas Banka, the
Auditor General, members of the Council of the State Audit
Office, sectoral directors of the Audit Departments of the State
Audit Office, the director of the Constitution Protection Bureau
and his or her deputy, the director of Corruption Prevention and
Combating Bureau and his or her deputy, the Director General and
the directors of administration of the State Revenue Service,
members of the Council of Public Utilities Commission, members of
the Council of the Financial and Capital Market Commission may
not be the shareholders, stockholders, partners of such
commercial company or such individual merchants who receive
orders for public procurements, partnership procurements,
procurements of public service providers or concessions, State
financial resources or State-guaranteed credits, except for the
cases where they are granted as a result of an open
competition.
(11) The directors of State authorities and their
deputies not referred to in Paragraph one of this Section may not
be shareholders, stockholders, partners of such commercial
company or such individual merchants who receive orders for
public procurements, partnership procurements, procurements of
public service providers, concessions or financial resources,
except for the cases where they are granted as a result of an
open competition.
(12) The prohibition referred to in Paragraphs one
and 1.1 of this Section shall also apply to relatives
of the relevant public officials, if the public official is
implementing subordination over an authority which takes the
relevant decision, or if the public procurement, partnership
procurement, procurement of public service providers, concession
or financial resources are received from the authority which
employs the public official, except for the cases where they are
granted as a result of an open competition.
(2) The relevant public officials and their relatives must
comply with the provisions laid down in Paragraphs one,
1.1 and 1.2 of this Section also for two
years after the public officials have ceased to perform the
duties of the relevant office of the public official.
(3) A member of the board or council of a capital company of a
public person and a member of the board of such capital company
in which the share of capital companies of public persons in the
equity capital separately or together exceeds 50 per cent or in
which one public person has or several public persons have
another decisive influence in accordance with the Group of
Companies Law, as well as such member of the council of such
capital company who represents the interests of the capital
company of a public person, shall not be a shareholder,
stockholder, partner of such commercial company or such
individual merchant who receives orders for public procurements,
partnership procurements, procurements of public service
providers, concessions or financial resources, except the cases
where they are granted as a result of an open competition.
(4) Chairpersons of local government councils, their deputies
and councillors, executive directors of local governments and
their deputies, as well as the directors of the rural territory
or town administration in the municipality local governments,
shall not be the shareholders, stockholders, partners of such
commercial company or such individual merchants who receive
orders for public procurements, partnership procurements,
procurements of public service providers or concessions,
financial resources or local government guaranteed credits or
privatisation fund resources, except for the cases where they are
granted as a result of an open competition.
(41) The directors of local government institutions
and their deputies shall not be the shareholders, stockholders,
partners of such commercial company or such individual merchants
who receive orders for public procurements, partnership
procurements, procurements of public service providers or
concessions or financial resources, except for the cases where
they are granted as a result of an open competition.
(5) Chairpersons of city councils and municipality councils,
their deputies, executive directors of these local governments
and their deputies, as well as the directors of the rural
territory or town administration in municipality local
governments, shall observe the provisions of Paragraph four of
this Section also two years after they have ceased to perform the
duties of office of the relevant public official.
(6) The exceptions referred to in Paragraphs one,
1.1, 1.2, three, and four of this Section
are not permissible if the public official manages an authority
of a public person, which has announced an open competition, or
if this official has appointed to the office any of the members
of the procurement commission or of the members of the concession
procedure commission, or if any of the persons referred to in
Section 4, Paragraph one, Clause 24 of this Law is under his or
her direct or indirect subordination.
(61) The exception specified in Paragraphs one and
1.2 of this Section do not apply to members of the
National Electronic Mass Media Council and their relatives, if
the order referred to in Paragraph one or 1.2 of this
Section is carried out or financial resources (grant from the
State budget for public order and other financial resources) are
granted by public electronic mass medium or electronic mass
medium that implements a public order.
(7) A public official, for two years after he or she has taken
a decision or participated in taking of a decision to grant
public procurements, partnership procurements, procurements of
public service providers or concessions, to grant financial
resources to a public person, or has performed monitoring,
control or punishment functions, or has administered insolvency
proceedings, is prohibited to obtain the property of such
merchant, and also to become a shareholder, stockholder, partner
or hold offices in such commercial company, in relation to which
during performing his or her duties this public official has
taken a decision or participated in taking of a decision to grant
public procurements, partnership procurements, procurements of
public service providers or concessions, to grant financial
resources to a public person, or has performed monitoring,
control or punishment functions, or has administered insolvency
proceedings.
[8 May 2003; 15 December 2005; 14 September 2006; 26 March
2009; 12 November 2009; 30 October 2014; 10 September 2015 /
Amendment regarding the supplementation of Paragraph seven with
the words "or has administered insolvency proceedings" after the
word "functions" shall come into force on 1 January 2016. See
Paragraph 22.1 of Transitional Provisions]
Section 11. Restrictions on Issuing
Administrative Acts, Performance of Supervision, Control, Inquiry
or Punitive Functions and Entering Into Contracts
(1) A public official is prohibited, in the performance of the
duties of the public official, to prepare or issue administrative
acts, perform the supervision, control, inquiry or punitive
functions, enter into contracts or perform other activities in
which such public officials, their relatives or counterparties
are personally or financially interested.
(2) A public official shall not issue administrative acts,
perform supervision, control, inquiry or punitive functions,
enter into contracts or perform other activities in relation to
his or her counterparties also for two years after termination of
contractual relationship.
(3) A person who, prior to assuming the office of the public
official, has been a member of the supervisory, executive or
control body of a commercial company, is prohibited, for two
years after he or she has become a public official and ceased
employment or other relationship governed by civil law with the
commercial company, to issue administrative acts which affect the
activities of the relevant commercial company.
(4) The restriction on the issue of administrative acts laid
down in Paragraph three of this Section shall not apply to such
public officials who, before assuming the office of a public
official, have been members of the supervisory, executive body or
control body of a commercial company in which the share of a
public person in the equity capital separately or together
exceeds 50 per cent or in which the public person has another
decisive influence in accordance with the Group of Companies
Law.
(5) The restrictions on the issue of administrative acts laid
down in this Section do not apply to members of the Saeima
and the Cabinet in cases when the abovementioned public officials
participate in the issue of the relevant Saeima or Cabinet
administrative acts.
(6) The restrictions laid down in Paragraphs one and two of
this Section shall not apply to:
1) the President, members of the Saeima, members of the
Cabinet or local government council councillors in cases where
the abovementioned public officials participate in the adoption
of external laws and regulations or political decisions;
2) members of the Saeima, members of the Cabinet or
local government council councillors in cases where the
abovementioned public officials participate in the adoption of
the decisions of the Saeima, Cabinet or local government
council respectively on the specification of their own
remuneration or the appointment, election or approval of
themselves to office.
[7 June 2007; 30 October 2014]
Section 12. Prohibition to Influence
the Issue of Administrative Acts, as well as the Performance of
Supervision, Control, Inquiry and Punitive Functions
A public official is prohibited to influence in any manner
other public officials using his or her office position when
preparing or issuing administrative acts or performing
supervision, control, inquiry or punitive functions with respect
to:
1) this official, his or her relatives or counterparties;
2) issues the deciding on which shall influence or may
influence the personal or financial interests of the official,
his or her relatives or counterparties;
3) those natural or legal persons from whom the official or
his or her relatives obtain any type of income;
4) such commercial company the shareholder, stockholder,
partner or the member of supervisory, control or executive body
of which the official is or his or her relatives are, as well as
with respect to an individual merchant who is a public official
himself or herself or his or her relatives.
Section 13. General Restrictions on
Accepting Gifts
(1) A public official in fulfilling the duties of office is
permitted to accept gifts in the cases referred to in Section
13.1, Paragraph one of this Law. In the performance of
duties external of the office the public official is permitted to
accept gifts taking into account the restrictions laid down in
Section 13.2 of this Law.
(2) Within the meaning of this Law, a gift is any financial or
other kind of benefits (including services, granting and transfer
of rights, release from obligations, waiver of a right, as well
as other activities the result of which a benefit is created),
the beneficiary of which directly or indirectly is the public
official.
(3) Within the meaning of this Law a gift shall not deemed to
be:
1) flowers;
2) souvenirs, books or representation articles if the total
value in monetary terms of souvenirs, books or representation
articles received from one person within one year does not exceed
the amount of one minimal monthly wage;
3) awards, prizes or honours the provision of which is
provided for in external laws and regulations;
4) any benefits and guarantees which the public official, in
fulfilling his or her duties of office, is ensured in accordance
with the procedures laid down in laws and regulations by an
authority of a public person in which the relevant person fulfils
the duties of office;
5) services and various types of discounts, which are offered
by commercial companies, individual merchants, as well as farms
and fishery enterprises and which are publicly accessible;
6) services and discounts which are offered by commercial
companies, individual merchants, as well as farms and fishery
enterprises and which are specially intended for the soldiers of
professional service of the National Armed Forces and national
guards.
[7 June 2007; 14 June 2012; 30 October 2014; 9 June 2016; 1
February 2018]
Section 13.1 Special
Restrictions on Accepting Gifts while Fulfilling the Duties of a
Public Official
(1) The President, the Chairperson of the Saeima, the
Prime Minister and the Minister for Foreign Affairs, upon
fulfilling the duties of the office, as well as the spouses of
the abovementioned officials are permitted to accept diplomatic
gifts within the framework of State, official or work visits in
Latvia or abroad with which heads of states, chairpersons of
parliaments, heads of governments or ministers for foreign
affairs exchange upon prior co-ordination in accordance with the
procedures provided for in the diplomatic protocol.
(2) A public official, upon fulfilling the duties of the
office, is permitted to accept also gifts which are
presented:
1) within the framework of State, official and working visits
in Latvia or abroad;
2) by officials of foreign states or international
organisations to the public officials working in diplomatic and
consular missions of the Republic of Latvia;
3) to a public official as a representative of an authority of
a public person on public holidays and on days of commemoration
and celebration;
4) to a public official by an authority of a public person in
which the relevant person fulfils the duties of the office.
(3) A public official while he or she is the representative of
the holder of capital shares of a public person in a capital
company, as well as two years after the end of the fulfilment of
such duties is prohibited from receiving gifts from the relevant
capital company and members of the managing body thereof.
(4) Diplomatic gifts and such gifts, which are accepted in the
cases referred to in Paragraph two, Clause 1, 2 or 3 of this
Section, are the property of the authority of a public
person.
(5) The Cabinet shall determine the procedures by which the
diplomatic gifts and the gifts referred to in Paragraph two of
this Section, which in accordance with this Law are the property
of the authority of a public person, shall be registered,
evaluated, used and redeemed.
[14 June 2012; 30 October 2014]
Section 13.2 Special
Restrictions on Accepting Gifts External to the Fulfilment of the
Duties of a Public Official
(1) A public official is prohibited from accepting gifts
outside the fulfilment of the duties of office if in relation to
the donor the public official has, within two years prior to
receipt of the gift, prepared or issued an administrative act or
performed supervision, control, inquiry or punitive functions, or
has administered insolvency proceedings, and also entered into
contracts or performed other activities associated with the
fulfilment of the duties of office.
(2) If a public official has accepted gifts from natural or
legal persons outside the performance of the duties of office, he
or she is not entitled to prepare or issue an administrative act
or perform supervision, control, inquiry or punitive functions,
or to administer insolvency proceedings, and also enter into
contracts or perform other activities associated with the
fulfilment of the duties of office in relation to the donor for
the time period of two years after acceptance of the gift.
[7 June 2007; 10 September 2015 / Amendment regarding
supplementation of Paragraph one with the words "or has
administered insolvency proceedings" after the word "functions"
and supplementation of Paragraph two with the words "or to
administer insolvency proceedings" after the word "functions"
shall come into force on 1 January 2016. See Paragraph
22.1 of Transitional Provisions]
Section 13.3 Procedures
for the Registration, Evaluation, Use and Redemption of Gifts
[14 June 2012]
Section 14. Restrictions on
Acceptance of Donations
(1) Within the meaning of this Law, a donation is the
allocation (transfer) of financial resources, goods or services
without compensation for specified purposes.
(2) A public official or collegial authority is prohibited
from requesting or accepting a donation from a natural or legal
person, as well as other types of financial aid for public needs
if the donation or aid affects the taking of a decision in
relation to such natural or legal person.
(3) A public official, as well as an authority of a public
person may accept a donation and other type of financial aid for
the needs of the authority of a public person - for the
improvement of staff training or work organisation or technical
support if the donation is provided by any non-involved third
party and it has been accepted in conformity with the
restrictions laid down in Paragraph two of this Section, as well
as it does not place the public official in a conflict of
interest situation. Prior to the acceptance of the donation or
financial aid, permission from a higher official or collegial
authority shall be necessary.
(4) A public official or collegial authority is prohibited to
take any decisions in relation to the donor for a time period of
two years after acceptance of the donation or financial aid
referred to in Paragraph three of this Section.
(5) A public official is prohibited from requesting donations
directly or through the intermediation of other persons or
accepting donations or participating in any other way in the
collection thereof:
1) for the needs of the public official himself or herself or
the needs of his or her relatives, except for the cases where it
is necessary for the treatment of a serious illness;
2) for the needs of those natural or legal persons from which
the public official or his or her relatives acquire or have
acquired any type of income during the performance of the duties
of office of the public official, except for the income from the
capital shares in capital companies if the capital share does not
exceed one per cent of the capital of the relevant capital
company;
3) for the needs of those merchants where the public official
or his or her relatives are members of their administration or
audit authorities, or where the official or his or her relatives
own more than one per cent of the capital.
[8 May 2003; 30 October 2014]
Section 15. Prohibition to be a
Representative
(1) A public official may not be a representative of an
authority of a public person:
1) if this official or his or her relatives are financially or
otherwise personally interested in the matter to be examined or
also if the interests of the official or his or her relatives are
in conflict with the interests of the State or local government
authority which the official represents;
2) in relations with such natural or legal persons from whom
the official or his or her relatives obtain any type of
income;
3) in relations with the counterparties;
4) in relations with such commercial companies the
shareholder, stockholder, partner, or member of supervisory,
control or executive body of which the public official is or his
or her relatives are, as well as in relations with individual
merchants who themselves are public officials or their
relatives.
(2) A public official shall not be a representative of the
holder of capital shares of a public person, except for the cases
provided for by the Law on Governance of Capital Shares of a
Public Person and Capital Companies.
[30 October 2014]
Section 16. Prohibition to Receive
Supplementary Payments
(1) A public official who, in performing the duties of office
of a public official, must provide free services or take
decisions, is prohibited from accepting payments for the
performance of such duties.
(2) A public official who, in performing the duties of office
of a public official, must provide services or take a decision
for a fee set a public person, is prohibited from accepting a
supplementary payment for the performance of such duties.
(3) Within the meaning of this Law payment is:
1) the transfer without compensation of property, including
financial resources, to the relevant public official or his or
her relatives;
2) the transfer of property without payment or for reduced
payment for the use of the relevant public official or his or her
relatives;
3) the provision of services without payment or for reduced
payment to the relevant public official or his or her
relatives.
[8 May 2003; 30 October 2014]
Section 17. Restrictions on
Advertising
(1) A public official is prohibited from using his or her name
for advertising, except for the cases where such is included in
the duties of office of the public official.
(2) Within the meaning of this Law, advertising is the public
expression of any kind of personal evaluation of a public
official regarding a specific merchant or the goods produced or
services provided by the merchant, if the official has received
remuneration for such expression.
[9 June 2016]
Section 18. Restriction to Act with
the Property of an Authority of a Public Person
(1) A public official may perform the activities referred to
in Section 4, Paragraph two, Clause 3 of this Law, as well as use
the property or financial resources of an authority of a public
person only for the purposes provided for in external laws and
regulations and in accordance with the procedures laid down in
laws and regulations.
(2) [21 May 2015]
[8 May 2003; 26 March 2009; 30 October 2014; 21 May
2015]
Section 19. Prohibition to Use
Information
It is prohibited to unlawfully disclose the information
accessible to the public official in connection with the
performance of the duties of office of the public official or
utilise such information for purposes not related to the
performance of the duties of office of the public official or
fulfilment of specific terms of reference.
Chapter
III
Obligations and Rights of the Head of an Authority of a Public
Person and the Public Official in Prevention of Conflict of
Interest
[28 April 2011; 30 October
2014]
Section 20. Obligations of the Head
of an Authority of a Public Person
(1) The head of an authority of a public person has an
obligation, in conformity with his or her competence, not to
allow the public officials working in such authority to be in a
conflict of interest situation and in such situation implement
the powers of office of the public official.
(2) The head of an authority of a public person has an
obligation to transfer by a written order the performance of any
function or task to another public official if the public
official who should perform the specified function or task in
conformity with the duties of office is in a conflict of interest
situation. If the public official referred to in Section 4,
Paragraph one, Clause 26 of this Law is in a conflict of interest
situation, then the provisions of the Insolvency Law and the
Civil Procedure Law regarding removal of the administrator from
legal protection proceedings, insolvency proceedings of a natural
person, and insolvency proceedings of a legal person shall be
applicable upon application of the Insolvency Administration or
the administrator.
(3) In the cases provided for and in accordance with the
procedures provided for in this Law, the head of an authority of
a public person has an obligation to decide upon the issue
regarding the possible combining of office of the public official
with another office, in the performance of a work-performance
contract or authorisation.
(4) [8 May 2003]
(5) The head of an authority of a public person or his or her
authorised person has an obligation to ensure, in accordance with
the procedures laid down in this Law and in Cabinet regulations,
the drawing up of lists of public officials and amendments
thereto and submission thereof electronically within 15 days to
the State Revenue Service through the Electronic Declaration
System of the State Revenue Service.
(51) With respect to the public officials referred
to in Section 4, Paragraph one, Clause 2 of this Law, the
submission of the list of such public officials and amendments
thereto shall be ensured by the Secretary General of the
Saeima Administration. With respect to the public
officials referred to in Section 4, Paragraph one, Clause 26 of
this Law, the submission of the lists of such public officials
and amendments thereto shall be ensured by the Director of the
Insolvency Administration. With respect to the public officials
referred to in Section 4, Paragraph three of this Law, the
submission of the lists of such public officials and amendments
thereto shall be ensured by the head of such State or local
government authority, which has delegated the relevant functions,
granted financial resources, transferred property or which is
responsible for fulfilment of the delegated functions or the use
of the financial resources
(6) The head of an authority of a public person has an
obligation to inform without delay the Corruption Prevention and
Combating Bureau or in the cases determined in this Law - the
director of the Constitution Protection Bureau - about the
detected violations of this Law which have been committed by the
public officials of the relevant authority.
(7) The head of an authority of a public person, a person to
whom the head of an authority has entrusted fulfilment of duties
related to the prevention of a conflict of interest and
corruption in the relevant authority, or a collegial authority
are prohibited from disclosure of information, which has become
known thereto, concerning which public official or employee of
the relevant authority of a public person has informed regarding
conflict of interest, and from causing any direct or indirect
unfavourable consequences to such a person without any objective
reason. The prohibition to disclose information shall not apply
to the provision of information to the Corruption Prevention and
Combating Bureau, the State Police, the Constitution Protection
Bureau, the court and the Office of the Prosecutor.
(8) The Cabinet shall issue regulations regarding the basic
requirements for internal control system for the prevention of
corruption and conflict of interest in authorities of a public
person.
[8 May 2003; 15 December 2005; 12 November 2009; 28 April
2011; 30 October 2014; 10 September 2015; 9 June 2016]
Section 21. Obligations of Public
Officials
(1) Public officials shall without delay provide information
in writing to a higher public official or collegial authority
regarding:
1) their financial or other personal interest, as well as
financial or other personal interest of their relatives or
counterparties regarding the performance of any action included
in the duties of their office;
2) commercial companies the shareholder, stockholder, partner,
member of a supervisory, control or executive body of which the
public official is or his or her relatives are, or on the fact
that the public official himself or herself or his or her
relative is an individual merchant who receives a public
procurement, partnership procurement, procurement of public
service providers or concession of the respective authority of a
public person or financial resources or a public person, or State
or local government guaranteed credits, except for the cases
where they are granted as a result of an open competition.
(2) A higher public official or collegial authority after
receipt of the information referred to in Paragraph one of this
Section shall assign the performance of the functions of the
relevant public official to another public official. In relation
to the public officials referred to in Section 4, Paragraph one,
Clause 26 of this Law after receipt of the information referred
to in Paragraph one of this Section the provisions of the
Insolvency Law and the Civil Procedure Law regarding removal of
the administrator from legal protection proceedings, insolvency
proceedings of a natural person, and insolvency proceedings of a
legal person shall be applicable upon application of the
Insolvency Administration or the administrator.
[8 May 2003; 30 October 2014; 10 September 2015 / The
second sentence of Paragraph two shall come into force on 1
January 2016. See Paragraph 22.1 of Transitional
Provisions]
Section 21.1 Informing
Regarding Conflict of Interest of Other Public Officials
A public official shall provide information regarding conflict
of interest known to him or her in which other public officials
of the relevant authority are involved to the head of the
authority or to the Corruption Prevention and Combating Bureau,
while public officials employed in State security authorities
shall provide the referred to information to the director of the
Constitution Protection Bureau.
[28 April 2011]
Section 22. Behavioural (Ethical)
Rules of Public Officials
(1) Public officials shall act in conformity with the
behavioural (ethical) codes approved in the relevant profession,
field or sector.
(2) A public official shall refuse the performance of the
duties of office or the combining the office of the public
official in all cases where due to ethical reasons the
impartiality and neutrality of his or her actions might be
doubted.
Chapter
IV
Declarations of Public Officials
Section 23. Procedures for
Submission of Declarations
(1) A public official has an obligation to submit the
following declarations of a public official within the time
period determined and in accordance with the procedures
determined:
1) a declaration to be submitted upon assuming the office;
2) a declaration for the current year;
3) a declaration to be submitted upon ending the duties of
office;
4) a declaration to be submitted after the performance of
duties of office has been terminated.
(2) Public officials, with the exception of the public
officials referred to in Paragraphs three and four of this
Section, shall submit declarations to the State Revenue Service
in electronic form through the Electronic Declaration System of
the State Revenue Service.
(3) Public officials working in the State security
authorities, with the exception of the Director of the
Constitution Protection Bureau, shall submit declarations to the
Director of the Constitution Protection Bureau.
(4) The director of the Corruption Prevention and Combating
Bureau shall submit his or her declaration to the Prime Minister
or his or her authorised person.
(5) Provisions of this Section shall not apply to the public
officials referred to in Section 4, Paragraph three of this
Law.
[8 May 2003; 15 December 2005; 12 November 2009; 25 October
2018]
Section 24. Information to be
Indicated in a Declaration
(1) In the declaration a public official shall specify the
following:
1) his or her given name, surname, personal identity number
and place of residence, as well as the given name, surname and
relationship of his or her spouse, parents, brothers, sisters and
children;
2) his or her office as a public official;
3) information on other offices that the public official holds
in addition to the office as a public official, as well as on the
work-performance contracts or authorisations which he or she
performs or in which he or she performs specified
obligations;
4) information on the immovable property in his or her
ownership, possession, usage (also on the properties rented from
other persons), also on such immovable property as in his or her
possession in connection with guardianship or trusteeship;
5) information on the fact that the public official is an
individual merchant, on commercial companies the shareholder,
stockholder or partner of which he or she is, as well as on the
capital shares and stocks owned by the public official;
51) information on the following financial
instruments belonging to him or her:
a) debt securities (for example, bonds);
b) securities attaching the right to acquire or alienate
transferable securities or which providing for the settlement of
accounts with money;
c) investments certificates of investment funds and other
transferable securities certifying participation in investment
funds or joint investment companies considered as equivalent
thereto;
d) money market instruments;
6) information on means of transport to be registered and
owned by the public official, as well as on such means of
transport which are under his or her possession, usage or which
have been acquired by him or her on the basis of a leasing
contract;
7) information on cash or non-cash savings if their amount
exceeds twenty minimum monthly salaries;
8) information on all kinds of income obtained during the
reporting period;
9) information on transactions performed by him or her if
their amount exceeds twenty minimum monthly salaries, by
specifying the amount of such transactions and the parties to the
transactions;
91) information on the fact that he or she is the
beneficial owner within the meaning of the Law on the Prevention
of Money Laundering and Terrorism Financing:
a) from an object belonging to or transferred into possession
of another person or a part thereof;
b) from capital shares, stocks and other financial instruments
referred to in Paragraph one, Clause 5.1 of this
Section, belonging to another person or being managed by another
person;
10) information on his or her debts the amount of which
exceeds twenty minimum monthly salaries, by specifying the amount
of such debt and the debtor or creditor respectively;
11) information on loans given (amount thereof) if the total
amount of such loans exceeds twenty minimum monthly salaries;
12) information on whether he or she has accumulated resources
in private pension funds or life insurance (with the accumulation
of funds);
13) information on whether he or she has accumulated resources
in private pension funds or life insurance (with the accumulation
of funds):
a) information on an object not referred to in Clause 4, 5, 6,
7 or 12 of this Paragraph or an aggregate of objects, the value
of which in his or her opinion exceeds 20 minimum monthly
salaries;
b) information the purpose of which is to explain the
interests related to the information declared or to indicate
other circumstances which may cause his or her financial or other
personal interest in the carrying out of an activity that is a
part of official duties.
(11) In a declaration, when providing information
related to the professional activity of the lawyer, a public
official who at the same time is a lawyer shall:
1) provide information on other offices which he or she holds
in addition to the office of the public official, and also
regarding work-performance contracts or authorisations which he
or she fulfils or where he or she fulfils the laid down
obligations (Paragraph one, Clause 3 of this Section) by
indicating only the information on the performance of
professional duties of the lawyer, and by indicating it as other
office which he or she fulfils in addition to the office of the
public official;
2) provide information on income of all types earned during
the reporting period (Paragraph one, Clause 8 of this Section)
from professional activity of the lawyer by indicating the total
amount of income earned but not identifying the sources of income
- natural or legal persons;
3) not indicate the information regarding the transactions
performed by him or her within the framework of professional
activity of the lawyer (Paragraph one, Clause 9 of this
Section).
(2) The information determined in Paragraph one of this
Section shall be determined in the declaration both with respect
to Latvia and foreign states.
(21) The State Revenue Service shall ensure in the
Electronic Declaration System that a declaration submitter has
access to the information present in the State information
systems that is necessary for filling in of the particular
declaration. A public official shall verify and, if necessary,
update and supplement such information. The Cabinet shall specify
the State information systems in which the information is
available and the amount of such information available when
filling in the declaration in the Electronic Declaration
System.
(3) The Cabinet shall determine the reporting period for which
the declaration shall be submitted, as well as the procedures for
completion, submission, registration and keeping thereof.
(4) A declaration submitter shall confirm with the signature
the completeness and veracity of the information provided in the
declaration and shall indicate the date of submitting the
declaration. Declarations which have been submitted through the
Electronic Declaration System of the State Revenue Service, shall
be in legal effect also if they do not contain the detail
"signature". If the declaration is submitted through the
Electronic Declaration System of the State Revenue Service, the
submitter of the declaration shall confirm that the information
indicated in the declaration is complete and true.
[30 September 2010; 30 January 2014; 9 June 2016; 1
February 2018]
Section 25. Time Periods for the
Submission of Declarations
(1) A person, upon assuming the office, shall submit the
declaration referred to in Section 23, Paragraph one, Clause 1 of
this Law within one month from the day when the decision on his
or her the appointment was taken, election or approval in the
office of the public official or from the day the term of office
of members of the Saeima or the councillors of local
government city councils has begun in accordance with law. A
person to whom on the basis of Section 4 of this Law the status
of a public official has been determined after the decision on
his or her appointment, election or approval in office has been
taken shall submit the declaration referred to in Section 23,
Paragraph one, Clause 1 of this Law within one month from the day
when he or she has been included in the list of public officials.
A public official referred to in Section 4, Paragraph five of
this Law shall submit the declaration referred to in Section 23,
Paragraph one, Clause 1 of this Law if he or she is fulfilling
the relevant duties of office for more than one month.
(2) Each year from 15 February until 1 April a public official
shall submit the declaration referred to in Section 23, Paragraph
one, Clause 2 of this Law.
(3) If a person has held the office of a public official for
more than three months, he or she, upon ending the duties of
office of the public official, shall submit the declaration
referred to in Section 23, Paragraph one, Clause 3 of this Law
within two months after the last day of the performance of the
duties of the office.
(4) The declarations of public officials referred to in
Section 23, Paragraph one, Clauses 1 and 3 of this Law shall not
be submitted if the public official continues to hold another
office of public official or assumes a new office of public
official.
(5) The President, members of the Saeima, Prime
Minister, Deputy Prime Minister, Ministers, Ministers for Special
Assignments, and Parliamentary Secretaries, chairpersons of the
local government councils and executive directors of local
governments shall submit the declaration referred to in Section
23, Paragraph one, Clause 4 of this Law if they have performed
the duties of the relevant office longer than three months. Such
declaration shall be submitted for the 24 months following the
termination of performance of the duties of office of public
official. The declaration for the first 12 months shall be
submitted not later than in the 15th month, for the next 12
months - not later than in the 27th month after termination of
performance of the duties of office of public official.
(6) The declarations referred to in Section 23, Paragraph one
of this Law may be updated by applying in writing to the
authority where the declaration was submitted and by justifying
the updates not later than within one month after publication of
the declaration part to be published in accordance with the
procedures laid down in Section 26, Paragraph six of this
Law.
[15 December 2005; 26 March 2009; 30 September 2010; 9 June
2016]
Section 26. Public Access to
Declarations
(1) In order to ensure the protection of personal data, the
declarations shall contain a part that is publicly accessible and
a part that is not publicly accessible. The public official or
the head of the authority which verifies declarations in
accordance with this Law, as well as the head of the authority of
a public person who has received a copy of the relevant
declaration shall be responsible for ensuring public access.
(2) The publicly accessible part of the declaration shall be
all the information included in the declaration, except for the
information that is determined in Paragraph four of this
Section.
(3) Within the meaning of this Law, public access is the right
of the employees of mass media and other persons to become
acquainted with the declarations of any public official, as well
as to publish the information included therein.
(4) The publicly inaccessible part of the declaration shall be
the personal identity number and place of residence of the public
official indicated in the declaration, information on the minor
relatives (also adoptees) of the official, information on the
liability and counterparties indicated in the declaration, as
well as the information indicated in Section 24, Paragraph one,
Clause 13, Sub-clause "a" of this Law.
(5) Only such public officials and authorities which examine
the declarations in accordance with this Law, as well as in cases
determined in the Law - prosecutors and investigative
institutions or State security authorities - may become
acquainted with the information in the publicly inaccessible part
of the declaration.
(51) The head of an authority of a public person
has the right to request from a public official information which
is to be indicated in the part of a declaration that is not
publicly accessible, if in particular case it is necessary in
order to avoid the relevant public official from being in a
situation of a conflict of interest.
(6) The publicly releasable data indicated in the declarations
of the President, members of the Saeima, Prime Minister,
Deputy Prime Minister, Ministers, Ministers for Special
Assignments, Parliamentary Secretaries and councillors of city
councils shall be published electronically not later than within
one month, but publicly releasable data indicated in the
declarations of other public officials - not later than within
three months after submission thereof to the State Revenue
Service.
[8 May 2003; 15 December 2005; 26 March 2009; 28 April
2011; 30 January 2014; 30 October 2014; 10 September 2015; 9 June
2016]
Chapter V
Examination of Violations and Verification of Facts
Section 27. Verification
Procedures
(1) Violations of this Law committed by public officials, as
well as the facts which are mandatory to be verified shall be
examined and verified in accordance with the procedures laid down
in this Law and other laws and regulations.
(2) This Law and other laws and regulations shall determine
the rights and obligations of public officials and authorities
regarding the fulfilment and control of the requirements of this
Law.
(3) The State Revenue Service, Constitution Protection Bureau,
the Prime Minister or his or her authorised person in conformity
with the procedures for the submission of declarations provided
for in Section 23, Paragraphs two, three and four of this Law
shall verify the declarations of public officials taking into
account the competence provided for in Section 28 of this Law.
The Corruption Prevention and Combating Bureau shall examine
declarations of public officials in order to examine cases on
violations of this Law and other laws within the scope of its
competence.
[8 May 2003; 12 November 2009; 1 February 2018]
Section 28. Verification of
Declarations and Facts
(1) The State Revenue Service, Constitution Protection Bureau,
the Prime Minister or his or her authorised person in conformity
with the jurisdiction of the submission of declarations provided
for in Section 23, Paragraphs two, three and four of this Law has
an obligation in cases provided for in this Law to verify whether
the declaration:
1) has been submitted and completed in accordance with the
determined procedures;
2) has been submitted within the specified time period.
(11) [8 May 2003]
(12) The State Revenue Service shall compare the
information indicated in the declaration with the information at
its disposal.
(2) The Constitution Protection Bureau and the Prime Minister
or his or her authorised person in conformity with the
jurisdiction of the submission of declarations provided for in
Section 23, Paragraphs three and four of this Law, as well as the
Corruption Prevention and Combating Bureau according to the
competence specified in Section 27, Paragraph three of this Law
has an obligation to verify whether the declaration contains
information that is indicative of violation of the restrictions
laid down in this Law.
(3) The State Revenue Service and the Constitution Protection
Bureau has an obligation to verify whether:
1) the head of an authority of a public person has submitted
the lists of public officials within the specified time period
and in accordance with the procedures stipulated by the
Cabinet;
2) the lists of public officials submitted by the head of an
authority of a public person have been completed correctly and
are complete.
(4) If necessary, in the course of the verification of a
declaration the Corruption Prevention and Combating Bureau, the
Constitution Protection Bureau, State Revenue Service or the
Prime Minister has the right to request and receive information
and documents from the relevant public official, authorities of a
public person, merchants, public or political organisations and
associations thereof, religious organisations or other
authorities, as well as from the persons that are indicated or in
accordance with the provisions of this Law should have been
indicated in the relevant declaration.
(5) If in the course of the verification of a declaration
facts are discovered that indicate that the public official has
used property, including financial resources, exceeding the
sources of income determined in the declaration of such public
official and permitted in accordance with this Law, as well as in
cases where information has been received on the possibility of
such facts, the Corruption Prevention and Combating Bureau, the
Constitution Protection Bureau or the Prime Minister has an
obligation to perform verification of the relevant facts or
information. Within the limits of verification the Corruption
Prevention and Combating Bureau, the Constitution Protection
Bureau or the Prime Minister has the right, if necessary, to
request and receive explanations in writing and documents from
any person, as well as to verify the legality of acquisition of
the property of the official by involving the State Revenue
Service.
(6) If in the course of the verification of a declaration
violations are discovered, the examination of which is not in the
competence of the authority or public officials performing the
verification, or if facts are discovered the evaluation of which
is not in the competence of the authority or public officials
performing the verification, or if information is received on the
existence of such facts, the relevant authority or public
official shall inform, in accordance with the procedures laid
down in this Law and other laws and regulations, the authority or
public official whose competence includes further examination or
verification of the facts.
[8 May 2003; 30 October 2014; 1 February 2018]
Section 29. Obligations of Public
Officials in the Verification of Declarations, Facts and
Violations
(1) A public official has an obligation to provide and justify
the information requested by an authority or a public official
authorised by law.
(2) A public official has an obligation to justify the fact
that his or her expenses have been covered and financial status
has improved from legal sources of income to the authority or
public official authorised by law.
(3) If a public official does not provide the information
required by the authority or the public official authorised by
law on the sources of acquisition of property, including
financial resources, or cannot justify the acquisition of income
or financial benefit from a legal source, it shall be presumed
that the public official has acquired the property prohibited by
this Law, including financial resources, and he or she is hiding
this fact from the State.
[8 May 2003]
Section 30. Liability of Public
Officials and Other Persons
(1) A person shall be held liable for violations of this Law
as laid down in laws. A public official has an obligation to
compensate the caused losses in accordance with the provisions of
this Section.
(2) Income and financial benefits obtained by violating the
restrictions laid down in this Law or a proportional augmentation
thereof shall accrue to the State, by presuming that by violating
the restrictions determined by the State and illegally obtaining
income or financial benefits, the public official has caused such
harm to the State administrative order as is to be evaluated in
financial terms and is proportional to the value of augmentation
of income, financial benefits and property that are obtained in a
prohibited way.
(21) Paragraph two of this Law shall not be applied
in cases if the combination of offices is permitted, upon receipt
of written permit from the officials (authorities), but the
permit has not been requested by the public official and such
combination of offices has not created a conflict of interest. In
other cases, the public official shall be fully or partially
released from such repayment of income or financial benefits,
which have been acquired by violation of the restriction laid
down in this Law if the obligation to repay income and financial
benefits is not proportionate to the harm caused as a result of
the administrative violation to the procedures of State
administration.
(3) If a public official does not voluntarily compensate the
losses caused to the State, the State authority or the public
official authorised by law has an obligation to perform the
actions necessary to claim compensation for the losses caused in
accordance with the procedures laid down in law.
(4) Compensation for losses shall be requested in accordance
with the Administrative Procedure Law, by issuing an
administrative act regarding the compensation of losses caused
and by performing activities provided for in laws and regulations
for the execution of an administrative act. The execution shall
be ensured through the bailiff.
(5) The recovery of losses from the public official shall take
place regardless of whether the public official is subject to
administrative or criminal liability for violating the provisions
of this Law.
[7 June 2007; 13 November 2008; 27 May 2010; 28 April 2011
/ See Paragraph 17 of Transitional Provisions]
Section 31. Informing of the Society
Regarding a Violation
(1) The Corruption Prevention and Combating Bureau and the
State Revenue Service, in compliance with the competence laid
down in this Law and other laws and regulations, has an
obligation to inform the society regarding violations of this Law
detected in the activities of a public official, placing the
information on the website of the relevant authority.
(2) The Constitutional Court shall inform the society
regarding violations of this Law committed by the judges of the
Constitutional Court, the Judicial Disciplinary Committee or the
Disciplinary Court - regarding the violations committed by judges
and the Office of the Prosecutor General - regarding the
violations committed by prosecutors.
(3) The Prime Minister shall inform the society regarding
violations of this Law committed by the head of the Corruption
Prevention and Combating Bureau.
(4) The authorities referred to in Paragraphs one, two and
three of this Law shall publish the following information on the
website thereof:
1) the given name, surname and position held by a public
official;
2) the legal norm of this Law which has been violated;
3) the nature of the violation and time of commitment
thereof;
4) the decision (ruling) taken;
5) the date of entering into effect of the decision (ruling)
and of execution thereof.
(5) The authorities referred to in Paragraphs one, two and
three of this Section shall publish the information on the
website thereof after the decision of the relevant authority has
entered into effect and has not been contested or appealed
against within the time period determined in the Law, or the
relevant ruling of a court has entered into effect. Such
information shall be available on the website of the relevant
authority for not more than a year from the day when the relevant
decision (ruling) has been executed.
(6) The provisions referred to in Paragraph one of this
Section shall not apply to violations committed by officials of
the State security institutions and other public officials to
whom the restrictions of disclosure of information provided for
in the law On Official Secret apply.
[14 June 2012; 20 December 2012]
Transitional
Provisions
1. With the coming into force of this Law, the Corruption
Prevention Law (Saeimas un Ministru Kabineta Ziņotājs,
1995, No. 22; 1996, No. 3, 15; 1998, No. 23; 1999, No. 8) is
repealed.
2. The State Revenue Service shall perform the functions laid
down for the Corruption Prevention and Combating Bureau in this
Law until the day when in accordance with the procedures and time
periods determined in laws the functions shall be transferred to
the Corruption Prevention and Combating Bureau.
2.1 The State Revenue Service shall continue and
finish verification of such information indicated in the
declarations information that is indicative of violation of the
restrictions laid down in this Law if the referred to
verifications were commenced by the State Revenue Service up to 1
February 2003, when the Prevention and Combating of Corruption
Bureau commenced the fulfilment of its functions in full
measure.
[29 May 2003]
3. Public officials, who on the day of coming into force of
this Law concurrently hold an office (perform a work-performance
contract or authorisation) the combining of which with the office
of the public official is not permitted in accordance with the
provisions of this Law, have an obligation to fulfil the
provisions of Section 8, Paragraph one of this Law within one
month.
4. The terms "merchant", "individual merchant", "commercial
company" and "capital company" in this Law shall mean also an
undertaking and company, and the term "commercial activities" -
also entrepreneurial activities within the meaning of the law On
Entrepreneurial Activities.
5. Until the day of coming into force of the law on state and
local government capital shares and capital companies the term
"representative of the holder of the State or local government
capital shares" shall mean an authorised person in State or local
government incorporated companies.
6. The Cabinet shall issue the regulations provided for in
this Law by 1 August 2002. Until the day of coming into force of
this Regulation, the following Cabinet regulations issued
pursuant to the Corruption Prevention Law shall be applied
insofar as they are not in conflict with this Law:
1) Cabinet Regulation No. 260 of 16 July 1996, Procedures for
the Use and Redeeming of the Gifts Permitted to be Accepted by
Public Officials During the Performance of Duties of Office;
2) Cabinet Regulation No. 80 of 2 March 1999, Procedures for
the Completion Of Declarations of Public Officials to be
Submitted Upon Assuming Office;
3) Cabinet Regulation No. 138 of 6 April 1999, Procedures for
the Completion and Submission of Declarations of Public Officials
and Their Relatives and Submission of Lists of Public Officials
and Offices of Public Officials;
4) Cabinet Regulation No. 142 of 13 April 1999, Regulations
Regarding the Officials of the State Police, Security Police,
State Border Guard and State Fire-fighting and Rescue Service to
whom the Restrictions for Combining of Office and Work
Performance Apply;
5) Cabinet Regulation No. 161 of 4 May 1999, Regulations
Regarding the Officials of National Armed Forces Active Military
(Other Ranks) Service to whom the Restrictions for Combining of
Office and Work Performance Apply;
6) Cabinet Regulation No. 231 of 29 June 1999, Regulations
Regarding the Officials of State Civil Service to whom the
Restrictions for Combining of Office and Work Performance
Apply;
7) Cabinet Regulation No. 242 of 29 June 1999, Procedures by
which Public Officials shall Use State Property.
7. Until the day of coming into force of binding regulations
of local government councils (rural territory or municipality
councils) referred to in Section 18, Paragraph one of this Law,
but not longer than six months from the day of the coming into
force of this Law, the laws and regulations of local government
councils (rural territory or municipality councils) issued in
accordance with the Corruption Prevention Law on actions with
local government property, including financial resources, shall
apply.
[8 May 2003]
8. The provisions of this Law in respect to sworn bailiffs
shall come into force concurrently with the coming into force of
the law on sworn bailiffs, but with respect to soldiers of
professional service and military employees - concurrently with
the coming into force of the law on military service.
9. Former authorised State representatives may take up the
office of member (chairperson) of the council in the same
incorporated company in which he or she previously fulfilled the
duties of authorised State representative if the holder of
capital shares has appointed him or her to such office and the
criteria characterising conflict of interest situations included
in Section 1, Clause 5 of this Law are not violated.
[8 May 2003]
10. The public officials referred to in Section 4, Paragraph
one, Clauses 23 and 24, as well as Section 4, Paragraphs
2.1 and 2.2 of this Law who on the basis of
Section 4, Paragraph one, two or three of this Law have been
included in the list of public officials up to 1 January 2006
shall submit the declaration referred to in Section 23, Paragraph
one, Clause 2 of this Law by 1 April 2006.
[15 December 2005]
11. Section 4, Clause 25 of this Law, as well as amendments to
Section 7, Paragraph six of this Law, which provides for
restriction on the combining of offices for officials with
special service ranks of the Ministry of the Interior system
institutions and the Prisons Administration, shall come into
force concurrently with the Law on the Career Course of Service
of Officials with Special Service Ranks Working in Institutions
of the System of the Ministry of the Interior and the Prisons
Administration.
[14 September 2006]
12. A public official shall ensure the conformity with the
requirements of Section 7, Paragraph twelve until 1 July
2009.
[26 March 2009]
13. Amendments regarding the new wording of Section 4,
Paragraph one, Clause 14 of this Law, the supplementation of
Section 7, Paragraph five in relation to restrictions on the
combination of the statuses and offices of a public official for
the head of a rural territory (or pagasts) or town
administration, Section 10, Paragraph 1.1 of this Law
and the respective amendment to Paragraph two of this Section, as
well as the amendments regarding the restatement of Paragraphs
four and five of this Section and supplementing of the
abovementioned Section with Paragraph 4.1 in relation
to the restrictions of the commercial activity for certain
officials of local governments and administrative territorial
reform, shall come into force on 1 July 2009.
[26 March 2009]
14. The amendment to this Law regarding replacing the word
"council (rural territory council)" (in the relevant number and
case) in the entire Law with the word "council" (in the relevant
number and case) shall come into force on 1 July 2009.
[26 March 2009]
15. The amendments to Section 10 of this Law referred to in
Clause 13 of the Transitional Provisions of this Law shall not be
applied to cases, when:
1) orders for procurement for State authority needs or
financial resources were granted to an official referred to in
Section 10, Paragraph 1.1 of this Law or his or her
relative as an individual merchant or such commercial company, in
which the referred to persons are shareholders, stockholders or
members, until 1 July 2009 (Section 10, Paragraph 1.1
of this Law);
2) orders for procurement for local government needs,
financial resources, local government guaranteed credits or
privatisation fund resources for a deputy of the executive
director of a local government as an individual merchant or for
such commercial company, in which the relevant deputy of the
executive director of a local government is shareholder,
stockholder or member, were granted until 1 July 2009 (amendment
to Section 10 of this Law regarding the restatement of Paragraph
four);
3) orders for procurement for local government authority needs
or financial resources for the head of the local government
authority or his or her deputy as an individual merchant or for
such commercial company, in which the head of the local
government authority or his or her deputy is a shareholder,
stockholder or member were granted until 1 July 2009 (Section 10,
Paragraph 4.1 of this Law.
[26 March 2009]
16. The amendments to Section 10, Paragraphs two and five of
this Law regarding restrictions to commercial activity referred
to in Clause 13 of the Transitional Provisions of this Law shall
only apply to the following:
1) chairpersons of municipality councils, their deputies,
executive directors of municipality councils, deputies of
executive directors of local governments who have ceased to
fulfil their duties of office on 1 July 2009 or after that
date;
2) heads of State authorities, their deputies and their
relatives, if the head of the State authority or his or her
deputy has ceased to fulfil his or her duties of office on 1 July
2009 or after that date.
[26 March 2009]
17. The new wording of the second sentence of Section 30,
Paragraph one, and Section 30, Paragraph four of this Law
regarding compensation for losses in accordance with the
procedures laid down in the Administrative Procedure Law shall
not apply to the cases when violations of this Law have been
determined or recovery of losses has been commenced prior to the
day of coming into force of the relevant norms.
[28 April 2011]
18. Until adoption of the Regulation referred to in Section
13.1, Paragraph five of this Law, but not later than
until 1 December 2012 the Cabinet Regulation No. 888 of 28
October 2008, Procedures by Which the Gifts Accepted While
Fulfilling the Duties of Office and Which Are the Property of the
State or Local Government Authority Shall Be Registered,
Evaluated, Utilised and Redeemed, shall be applied, insofar as it
is not in contradiction with this Law.
[14 June 2012]
19. The restriction on accepting donations and taking
decisions laid down in Section 14, Paragraphs two, three and four
of this Law shall not apply to the cases when the Secretariat of
the Latvian Presidency of the Council of the European Union takes
a decision in relation to a donor who has given a donation to the
Secretariat of the Latvian Presidency of the Council of the
European Union for the purpose of supporting the preparation of
Latvia for presidency in the Council of the European Union in
2015 or to ensure its course.
[30 January 2014]
20. Amendments to Section 24, Paragraph one and Section 26,
Paragraph four of this Law shall come into force on 1 January
2015.
[30 January 2014]
21. If the Secretariat of the Latvian Presidency of the
Council of the European Union has received financial resources,
goods or services from a private individual for the purpose of
preparation of Latvia for presidency in the Council of the
European Union in 2015 or to ensure its course, then the
possibility for the donor to take measures for the promotion of
its identification, for example, placement of a trademark,
logotype or other information, to the extent and according to the
procedures provided for in the donation contract shall not be
deemed remuneration within the meaning of Section 14, Paragraph
one of this Law.
[13 February 2014]
22. Amendment to this Law, by which Section 4, Paragraph one
is supplemented with Clause 26, shall come into force on 1
January 2016.
[30 October 2014; 21 May 2015 / The law Amendments to the
law On Prevention of Conflict of Interest in Activities of Public
Officials of 30 October 2014, by which Transitional Provisions
are supplemented with Paragraph 22, insofar as it does not ensure
guarantees of professional activity for administrators of
insolvency proceedings who are also concurrently advocates, for
preservation of the selected occupation, has been recognised as
not corresponding to the first sentence of Section 106 of the
Constitution of the Republic of Latvia by the Judgment of the
Constitutional Court of 21 December 2015, which entered into
effect on 23 December 2015.]
22.1 Amendments to this Law regarding
supplementation of Section 10, Paragraph seven and Section
13.2, Paragraph one of this Law with the words "or has
administered insolvency proceedings" after the words "functions",
supplementation of Section 13.2, Paragraph two with
the words "or to administer insolvency proceedings" after the
words "functions", supplementation of Section 20, Paragraph two
with the second sentence and supplementation of Paragraph
5.1 with a new second sentence, supplementation of
Section 21, Paragraph two with the second sentence and
supplementation of Section 26, Paragraph four with the second
sentence shall come into force on 1 January 2016.
[10 September 2015]
22.2 For the public officials referred to in
Section 4, Paragraph one, Clause 26 of this Law who are
concurrently also advocates, the deadline for submitting a
declaration of a public official, which is submitted upon
assuming the office, (Section 25, Paragraph one) shall be counted
from 1 September 2016.
[4 February 2016]
23. The persons referred to in Section 7, Paragraph
5.3 of this Law who at the time of coming into force
of amendments regarding supplementation of Section 7 with
Paragraph 5.3 hold another office in the respective
capital company, may continue to hold the relevant office, if not
later than by 1 April 2015 they meet the requirements referred to
in Section 7, Paragraph 5.3, Clause 4 of this Law.
[30 October 2014]
24. Amendments to Section 10 of this Law, which provide for
restrictions on commercial activity to members of the council of
the National Electronic Mass Media Council and their relatives,
do not apply to cases when the public procurement, partnership
procurement, procurement of public services providers, concession
or financial resources from the public electronic mass medium or
electronic mass medium, which implements a public order, have
been received by 1 April 2015.
[30 October 2014]
25. Amendment to Section 7, Paragraph four of this Law
regarding supplementation thereof with the words "to the Chief of
the Internal Security Office and his or her deputy" shall come
into force on 1 November 2015.
[21 May 2015]
26. Amendments to this Law regarding supplementation of
Section 4, Paragraph one with Clause 27 and supplementation of
Section 7, Paragraph three with the words "the chairperson and
members of the Industrial Property Board of Appeal" after the
words "the head of the Office for Prevention of Laundering of
Proceeds Derived from Criminal Activity and his or her deputy"
shall come into force on 1 January 2016.
[10 September 2015]
27. The permits for combination of the offices for those
members of the Board of the Liepāja Special Economic Zone which
have been approved in the office by the Cabinet upon a delegation
or recommendation of the Liepāja city council and in accordance
with the Law on the Liepāja Special Economic Zone until 30 April
2016.
[9 June 2016]
28. The Cabinet shall issue the regulations provided for in
Section 20, Paragraph eight of this Law until 1 March 2017.
[9 June 2016]
This Law comes into force on 10 May 2002.
This Law has been adopted by the Saeima on 25 April
2002.
President V. Vīķe-Freiberga
Riga, 9 May 2002
1 The Parliament of the Republic of
Latvia
Translation © 2020 Valsts valodas centrs (State
Language Centre)