Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
8 May 2003 [shall come into
force on 1 June 2003];
15 December 2005 [shall come into force on 1 January
2006];
14 September 2006 [shall come into force on 22 September
2006];
7 June 2007 [shall come into force on 28 June
2007];
13 November 2008 [shall come into force on 22 November
2008];
26 March 2009 [shall come into force on 1 May
2009];
12 November 2009 [shall come into force on 1 January
2010];
27 May 2010 [shall come into force on 16 June
2010];
30 September 2010 [shall come into force on 14 October
2010];
28 April 2011 [shall come into force on 1 June
2011];
14 June 2012 [shall come into force on 18 July
2012];
20 December 2012 [shall come into force on 23 January
2013];
30 January 2014 [shall come into force on 27 February
2014];
13 February 2014 [shall come into force on 7 March
2014];
30 October 2014 [shall come into force on 29 November
2014];
21 May 2015 [shall come into force on 17 June
2015];
10 September 2015 [shall come into force on 13 October
2015];
4 February 2016 [shall come into force on 16 February
2016];
9 June 2016 [shall come into force on 13 July
2016];
27 June 2016 (Constitutional Court Judgment) [shall come
into force on 29 June 2016];
1 February 2018 [shall come into force on 6 March
2018];
25 October 2018 [shall come into force on 15 November
2018];
31 October 2019 [shall come into force on 1 July
2020];
17 June 2020 [shall come into force on 1 July
2020];
10 December 2020 [shall come into force on 1 January
2021];
21 January 2021 [shall come into force on 3 February
2021];
15 June 2021 [shall come into force on 1 July
2021];
20 October 2022 [shall come into force on 1 April
2023];
2 March 2023 [shall come into force on 1 July
2023];
9 November 2023 [shall come into force on 1 July
2024];
15 February 2024 [shall come into force on 14 March
2024];
12 December 2024 [shall come into force on 11 January
2025];
15 May 2025 [shall come into force on 21 May 2025].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following law:
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 entity, in
a public, political, or religious organisation, and also 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 entity 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, and also 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 so that the public
official could 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 relationship with a public
official;
5) conflict of interest - a situation where, while
performing official duties of the public official, the public
official must take a decision or participate in the taking of a
decision or perform other activities related to the office of the
public official which affect or can affect the personal or
financial interests of this public official, his or her relatives
or counterparties;
6) relative - father, mother, grandmother, grandfather,
child (also the adopted child), grandchild, brother, sister,
half-brother, half-sister, spouse. Also the adopter shall be
considered father and mother within the meaning of this Law. A
person the information specified in Section 11, Paragraph one,
Clause 36 of the Law on Register of Natural Persons on whom and
the public official is entered in the Register of Natural Persons
shall also be considered a relative within the meaning of this
Law (hereinafter - the civil partner);
7) creative work - journalistic, literary, or artistic
work for which royalties or fees are received;
8) authority of a public entity:
a) an institution (its unit) of a public entity;
b) a capital company of a public entity;
c) a capital company in which the share of equity interests of
a public entity separately or together exceeds 50 per cent or in
which a public entity has another decisive influence in
accordance with the Group of Companies Law;
d) a capital company in which the share of the equity
interests of the capital companies of a public entity or several
public entities separately or together exceeds 50 per cent or in
which one public entity has or several public entities have
another decisive influence in accordance with the Group of
Companies Law;
9) head of the authority of a public entity:
a) the head of the institution of a public entity (in a
ministry - the State Secretary). The Saeima, Presidium of
the Saeima or Speaker of the Saeima shall not be
the head of the authority, a higher public official, an
institution or collegial authority in respect of a member of the
Saeima;
b) the executive board of a capital company of a public
entity;
c) the executive board of such capital company in which the
share of the equity interests of a public entity separately or
together exceeds 50 per cent or in which a public entity has
another decisive influence in accordance with the Group of
Companies Law;
d) the executive board of such capital company in which the
share of the equity interests of the capital companies of a
public entity or several public entities separately or together
exceeds 50 per cent or in which one public entity has or several
public entities have another decisive influence in accordance
with the Group of Companies Law.
10) beneficial owner - a natural person which is deemed
as a beneficial owner within the meaning of the Law on the
Prevention of Money Laundering and Terrorism and Proliferation
Financing.
[28 April 2011; 30 October 2014; 1 February 2018; 21
January 2021; 9 November 2023; 15 February 2024; 12 December
2024]
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, and also 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 the 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, and also heads of the Offices of the Prime Minister,
Deputy Prime Minister, Ministers, and Ministers for Special
Assignments;
6) the Governor of 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 head 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 Financial Intelligence Unit of Latvia and
his or her deputy;
12) the Ombudsman and his or her deputy;
13) a member of the National Electronic Mass Media Council, a
member of the Public Electronic Mass Media Council, a member of
the Public Utilities Commission;
14) a chairperson of a local government council and his or her
deputy, an executive director of a local government and his or
her deputy, and also a head of the rural territory or town
administration in the municipality government;
15) a local government councillor;
16) the head of an institution of a public entity and his or
her deputy;
17) a civil servant of the general or specialised State civil
service;
18) a member of the supervisory board of a capital company who
represents the interests of a public entity in the capital
company, or a member of the executive board in a capital company
in which the share of the equity interests of a public entity
separately or together exceeds 50 per cent or in which a public
entity has another decisive influence in accordance with the
Group of Companies Law;
19) a member of the supervisory or executive board of a
capital company of a public entity;
191) a member of the executive board of such
capital company in which the share of the equity interests of the
capital companies of a public entity or several public entities
separately or together exceeds 50 per cent or in which one public
entity has or several public entities have another decisive
influence in accordance with the Group of Companies Law, and such
a member of the supervisory board of a capital company who
represents the interests of the capital company of a public
entity;
20) a representative of the holder of capital share of a
public entity 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 rank of an institution of
the system of the Ministry of the Interior and the Prison
Administration;
26) an insolvency administrator;
27) the chairperson and a member of the Industrial Property
Board of Appeal.
(2) Also the persons who, while fulfilling official duties in
authorities of a public entity, have the following rights in
accordance with laws and regulations shall be considered to be
public officials:
1) to issue administrative acts;
2) to perform supervisory, control, investigatory, or punitive
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 entity, 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, and also to divide
financial resources.
(21) Also persons who, while 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) operational activities;
4) the processing, analysis, or protection of information
acquired through intelligence, counter-intelligence or
operational activities.
(22) Also persons who, while fulfilling official
duties in the 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) perform supervisory, control, or punitive 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 executive board of a port, port manager,
member of the executive board of a port, the chairperson of the
executive board, the member of the executive 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 entity 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 executive board of such capital company in
which the share of the equity interests of the capital companies
of a public entity or several public entities separately or
together exceeds 50 per cent or in which one public entity has or
several public entities have another decisive influence in
accordance with the Group of Companies Law, and a member of such
supervisory board of capital company who represents the interests
of the capital company of a public entity shall not be considered
to be a public official if the relevant capital company is
registered in a foreign country. Prevention of the conflict of
interest in the activities of the members of the executive or
supervisory board 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 entity which owns capital shares in the
abovementioned capital company registered in a foreign
country.
(5) A person who temporary fulfils the official duties of
another public official shall also be considered to be a public
official. The provisions provided in the Law for the public
official the official duties 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; 10 December 2020; 21 January 2021; judgment of
the Constitutional Court of 21 December 2015; 12 December
2024]
Section 5. Control of the
Implementation of this Law
(1) The Corruption Prevention and Combating Bureau, and also
other State authorities and public officials shall control the
implementation of this Law in conformity with the competence
determined in this Law and other legal acts.
(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 a sole proprietorship, or by registering with
the State Revenue Service as the performer of economic activity
in accordance with the law On Personal Income Tax, if the
restrictions on the combining of the offices of the public
official are not provided for in this Law or another legal
act.
(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 entity. The work of a teacher, scientist, physician,
veterinarian, 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 raise a conflict of interest, is not
in contradiction with ethical norms binding on the public
official and does not harm the performance of the direct duties
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 entity in which he or she is fulfilling the
official duties of a public official, if such combining of
offices does not raise a conflict of interest and if restrictions
for combining the office of a public official are not provided
for in this Law or another legal act.
(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, veterinarian,
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 a sole proprietorship
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, professional activity of a
general practitioner, or professional activity of a general
veterinary 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 raise a conflict of interest;
6) an office in a commission, council established by the
President, or the Chapter of Orders, if it does not raise a
conflict of interest;
7) service in the National Guard, unless otherwise provided
for in the law;
8) an office in a consultative authority of an educational
institution.
(5) Within the meaning of this Section, the work of a teacher
and a scientist shall also include participation in authorities
established for the evaluation of the knowledge obtained within
the scope of formal education, the results of scientific
activity, the qualification of a teacher or scientist, or the
quality of pedagogical and scientific activity, including
administrative work in the management of such authorities.
[28 April 2011; 30 October 2014; 10 September 2015; 1
February 2018; 21 January 2021; 12 December 2024]
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 office in a trade union, an association, or a
foundation, a social enterprise, 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.
(21) In addition to that specified in Paragraph two
of this Section, a Parliamentary Secretary who is not a member of
the Saeima may combine the office of a public official
with the office of a local government councillor.
(3) In addition to that specified in Section 6, Paragraph four
of this Law, the Governor 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 National Electronic Mass Media Council, a member of the
Public Electronic Mass Media Council, the chairperson of the
Public Utilities Commission and a council member, the director
general of the State Revenue Service, his or her deputy, a
director of the executive board thereof and his or her deputy,
the head of the Corruption Prevention and Combating Bureau, his
or her deputy, head of a division thereof and his or her deputy,
and also an investigator, a judge, a prosecutor, a sworn notary,
and a sworn bailiff, the head of the Financial Intelligence Unit
of Latvia 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 head of the State Security
Service 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 raise a conflict of
interest and a written permission 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 head of the Chancery of the President and his or
her deputy, the secretary-general of the Administration of the
Saeima, a head of an institution of direct administration
and his or her deputy, a chairperson of a local government
council and his or her deputy who holds a paid office in a local
government council, an executive director of a local government
and his or her deputy, and also a member of the executive board
of the capital company referred to in Section 1, Clause 8,
Sub-clause "b","c", or "d" 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 raise a conflict of
interest, does not harm the performance of the direct duties of
the public official, 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) another office in an authority of a public entity, but not
more than one other office remunerated or compensated in some
other way;
b) the work of an expert (consultant) the place of performance
of which is administration of another country, an international
organisation, or its representation (mission).
(41) In addition to that specified in Section 6,
Paragraph four of this Law, a head of an institution of a public
entity and his or her deputy, except for the heads of the
institutions referred to in Paragraph four of this Section, and a
head of the rural territory or town administration in the
municipality government 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 raise a conflict of
interest, does not harm the performance of the direct duties of
the public official, 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 from
his or her authorised person:
a) another office in an authority of a public entity;
b) 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
2.3 of this Law and also a member of the supervisory
board of a capital company referred to in Section 1, Clause 8,
Sub-clause "b","c", or "d" of this Law may combine the office of
a public official with another office, performance of a
work-performance contract or authorisation if such combining does
not raise a conflict of interest, does not harm the performance
of the direct duties of the public official, and a written
permission has been received from such representative of the
holder of capital shares of the public entity which has nominated
the relevant person for election in the office of a member of the
supervisory board, or a written permission 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, the sectoral head of the
Audit Department of the State Audit Office, the secretary of the
Central Election Commission, an official with special service
rank of an institution of the system of the Ministry of the
Interior and the Prison 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, Paragraph one, Clause 5, Paragraphs two and
2.1 of this Law for whom special conditions for
combining the office are not defined in this Section or in
another law may combine the office of a 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 a sole
proprietorship, or by registering with the State Revenue Service
as a performer of economic activity in accordance the law On
Personal Income Tax if such combining does not raise a conflict
of interest and a written permission has been received from the
head of the relevant authority of a public entity or from his or
her authorised person. If a professional service soldier is
appointed to the office in a civil State institution or State
security institution for a definite period in accordance with the
procedures provided for in the law, a written permission for the
combination of the offices shall be issued by the head of the
institution who has appointed him or her to the office.
(61) By assessing the risks of a conflict of
interest for the specific office of the public official and the
period required for the fulfilment of the duties of office, the
head of the authority of a public entity may determine such
offices of the public official referred to in Paragraph six of
this Section for the combining of which with another office a
written permission is not necessary.
(7) In addition to those public officials who are not
permitted to combine their office of a public official with an
office in a political party or an alliance of political parties
in accordance with other laws and this Section, combination of
such 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, and also a member of the executive or supervisory
board of a State capital company.
(71) A member of the executive board of the capital
company referred to in Section 1, Clause 8, Sub-clause "b","c",
or "d" of this Law is not permitted to combine this office with
the office of the head or deputy head of an authority of a public
entity or an office of a State civil servant.
(72) A member of the supervisory board of the
capital company referred to in Section 1, Clause 8, Sub-clause
"b","c", or "d" of this Law may combine this office with the
office of the head or deputy head of an authority of a public
entity or an office of a State civil servant only if, in
compliance with the provisions of the Law on Governance of
Capital Shares of Public Entity and Management of Capital
Companies Thereof, the legal capacity to act of the supervisory
board of the relevant capital company needs to be ensured. The
combining of offices referred to in this Paragraph shall be
permissible if it does not raise a conflict of interest, is not
in contradiction with ethical norms binding on the public
official and does not harm the performance of the direct duties
of the public official. Such repeated combining of offices shall
be permissible if one year has passed since the person has ceased
to hold the office of a member of supervisory board for which he
or she was appointed for a temporary period.
(8) If the performance of the official duties of a public
official is assigned to a person employed in an authority of a
public entity (Paragraph five of Section 4) 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 entity may,
for the period of performance of the official duties of the
relevant public official, but for not more than 18 months, permit
the combination of the relevant offices provided that it does not
raise 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; 31 October 2019; 10
December 2020; 21 January 2021; 15 June 2021; 12 December 2024;
15 May 2025 / Amendment regarding the supplementation of
Paragraph three after the words "and the chief of the garrison"
with the words "the Chief of the Tax and Customs Police and his
or her deputy" shall come into force on 1 January 2026 and shall
be included in the wording of the Law as of 1 January 2026.
See Paragraphs 34 and 35 of Transitional Provisions]
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 his or her release 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 the obligation, within one month, to take the
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 the
following obligations after the expiry of the term referred to in
Paragraph three of this Section:
1) to notify in writing a higher public official or collegial
authority and also the Corruption Prevention and Combating Bureau
thereof;
2) to cease 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 of the suspension of the receipt of
remuneration and to not use 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 complied with the requirements of this Law.
[7 June 2007; 28 April 2011]
Section 8.1 Procedures
for the Enforcement of the Restrictions on Combining the Offices
of Public Officials if a Permission is Necessary for the
Combination of Offices
(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
permission from the official (authority) has the 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 office of public official 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 for whom the status of a public official is
determined after the 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 permission from an official (authority), the relevant
person has the obligation, within seven days from the day of
determining the status of a public official, to submit to the
abovementioned official (authority) a request in writing to
permit the combination of the office of public official with
another office.
(3) A public official who wishes to combine the office of
public official with another office, and such combining of
offices is permitted upon receipt of a written permission 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
office of public official with another office.
(4) If a public official holds several offices of public
official, written permission shall be received for each office
for the combining of which with another office a permission is
necessary in accordance with this Law.
(41) If a public official (authority) which
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 the decision to permit combining the office of a public
official with other offices, on the basis of information provided
by the person, shall take the decision to permit combining the
offices, also when appointing, electing or approving a person to
the relevant office. In such case, no other permission 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 permission 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) has, upon receipt of the request referred to in
Paragraph one, two, or three of this Section to permit a public
official to combine the office of public official with another
office, the obligation to:
1) evaluate whether the combination of the office will not
raise a conflict of interest, will not be in contradiction with
ethical norms binding on 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 the
work is planned to be performed in a foreign country,
international organisation, the representation (mission) thereof
or on their behalf;
2) within one month, decide on the issuing of the permission
or the refusal to issue th permission for the combining of
offices.
(6) If 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 after
coming into effect of the decision to issue the permission for
the combining of offices, 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 the permission for the combining of offices.
(7) The decision to refuse to issue the permission or the
decision to issue the permission for the combining of offices
shall be taken and drawn up in accordance with the procedures
laid down in the Administrative Procedure Law. The decision to
permit the combination of the office of the public official with
another office may be drawn up also in the form of a resolution,
except when the permission for the combination of offices is
requested by the official referred to in Section 7, Paragraph
three, four, 4.1, or five of this Law. The procedures
for registering decisions shall be determined by the head of the
authority.
(8) If the issuing of the permission for the combination of
offices is refused by a decision or a decision is taken which
revokes the decision to issue the permission for the combining of
offices, the relevant official may contest and appeal such
decisions in accordance with the procedures laid down in the
Administrative Procedure Law. The contesting or appeal of a
decision shall not suspend the operation thereof.
(9) If the issuing of the permission for the combination of
offices is refused to a public official and such official already
holds the office to be combined, and also when the decision to
issue the permission for the combining 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 comply
with the restrictions for the combination of offices laid down in
this Law. Further actions of the 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 the permission for the combining of
offices with the performance of economic activity, performance of
work-performance contract or authorisation has been refused 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 for 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) The decision to issue the permission referred to in
Section 7, Paragraph three, Clause 2 of this Law to the members
of the Council of Latvijas Banka shall be taken by the Governor
of Latvijas Banka, to the members of the Council of the State
Audit Office by the Auditor General, to the deputy chairperson of
the Central Election Commission by the chairperson of the Central
Election Commission, to the head of the Corruption Prevention and
Combating Bureau and the director of the Constitution Protection
Bureau by the Prime Minister, to the judges of the Constitutional
Court (also for the President and his or her deputy) by the
assignments sitting of the Constitutional Court, to other judges
by the president of the relevant court, to the presidents of
district (city) and regional courts by the Minister for Justice,
to the Prosecutor General by the President of the Supreme Court,
to the members of the Council of Public Utilities Commission, the
National Electronic Mass Media Councils, the Public Electronic
Mass Media Councils. The Presidium of the Saeima shall
take the decision to issue the relevant permission 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.
(12) A written permission for the combination of offices shall
be issued to the public officials referred to in Section 4,
Paragraph one, Clause 5 of this Law, except for an advisor to the
President, by the public official (the Prime Minister, the Deputy
Prime Minister, a Minister for Special Assignments, or a
Minister) who has appointed them to the office or a person
authorised by such official. The head of the Chancery of the
President or an authorised person thereof shall issue a written
permission for the combination of the offices to the advisor to
the President.
[7 June 2007; 13 November 2008; 27 May 2010; 30 September
2010; 28 April 2011; 14 June 2012; 1 February 2018; 10 December
2020; 15 June 2021; 12 December 2024]
Section 9. Restrictions on the
Earning of Income
(1) A public official is permitted to concurrently receive
remuneration for the performance of the official duties of public
official and remuneration for the performance of such official
duties, work-performance contract or authorisation as are not
prohibited to the official by this Law and other laws, and also
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 official duties 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 only
permitted to receive the remuneration provided for one
office.
(21) The public officials referred to in Section 7,
Paragraph two of this Law are prohibited from receiving the
remuneration for the office held by them in an association, a
foundation, or a social enterprise.
(22) A local government councillor is, for two
years after he or she has taken the decision or participated in
the taking of the decision to grant financial resources of a
public entity to an association, foundation, or religious
organisation, prohibited from receiving remuneration from the
respective association, foundation, except for the association or
foundation established by local governments in accordance with
the Local Government Law for the implementation of common
interests, or from a religious organisation.
(23) A local government councillor is prohibited
from receiving remuneration from an association, foundation,
except for the association or foundation established by local
governments in accordance with the Local Government Law for the
implementation of common interests, from a religious organisation
or commercial company from the financial resources which have
been received by the association, foundation, religious
organisation, or commercial company from the relevant local
government, except when the financial resources have been granted
as a result of an open tendering procedure or for the performance
of a delegated administration task.
(3) A public official may not earn income from capital shares
and stock, and also 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) While a public official is a representative of the holder
of capital shares of a public entity and also three years after
the fulfilment of these duties, he or she is prohibited from:
1) receiving, 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) accepting gifts from the relevant capital company or
members of its supervisory or executive bodies;
3) acquiring capital shares, stocks, or property of the
relevant capital company;
4) holding 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; 31 October
2019; 20 October 2022]
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,
members, beneficial owners of such commercial company or such
sole proprietorships which receive orders for public
procurements, partnership procurements, procurements of public
service providers or concessions, State financial resources or
credits guaranteed by the State, except where they are granted as
a result of an open tendering procedure and the public official
is not a beneficiary or sole proprietorship. Parliamentary
secretaries, State secretaries and their deputies, the Governor
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 head of
the Corruption Prevention and Combating Bureau and his or her
deputy, the director general of the State Revenue Service and his
or her deputy and the directors of administrations, members of
the National Electronic Mass Media Council, members of the Public
Electronic Mass Media Council, council members of the Public
Utilities Commission may not be the shareholders, stockholders,
members, beneficial owners of such commercial company or such
sole proprietorships which receive orders for public
procurements, partnership procurements, procurements of public
service providers or concessions, State financial resources or
credits guaranteed by the State, except where they are granted as
a result of an open tendering procedure.
(11) The heads of State institutions and their
deputies not referred to in Paragraph one of this Section may not
be shareholders, stockholders, members, beneficial owners of such
commercial company or such sole proprietorships which receive
orders for public procurements, partnership procurements,
procurements of public service providers, concessions or
financial resources, except where they are granted as a result of
an open tendering procedure.
(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 where they are granted as a
result of an open tendering procedure.
(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 public official.
(3) A member of the executive or supervisory board of a
capital company of a public entity and a member of the executive
board of such capital company in which the share of capital
companies of public entities in the equity capital separately or
together exceeds 50 per cent or in which one public entity has or
several public entities have another decisive influence in
accordance with the Group of Companies Law, and also such member
of the supervisory board of such capital company who represents
the interests of the capital company of a public entity, shall
not be a shareholder, stockholder, member, beneficial owner of
such commercial company or such sole proprietorship which
receives orders for public procurements, partnership
procurements, procurements of public service providers,
concessions or financial resources from the relevant capital
company, except where they are granted as a result of an open
tendering procedure.
(4) Chairpersons of local government councils, their deputies
and councillors, executive directors of local governments and
their deputies, and also the directors of the rural territory or
town administration in the municipality governments, shall not be
the shareholders, stockholders, members, beneficial owners of
such commercial company or such sole proprietorships which
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 from the relevant local government,
except where they are granted as a result of an open tendering
procedure.
(41) The directors of local government institutions
and their deputies shall not be the shareholders, stockholders,
members, beneficial owners of such commercial company or such
sole proprietorships which receive orders for public
procurements, partnership procurements, procurements of public
service providers or concessions or financial resources from the
relevant local government institution, except where they are
granted as a result of an open tendering procedure.
(5) Chairpersons of local government councils, deputies
thereof, executive directors of these local governments and
deputies thereof, and also the heads of the administrations of
rural territories or towns in municipality governments shall
follow the provisions of Paragraph four of this Section also two
years after they have ceased to perform the official duties 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 entity which has announced an open tendering
procedure 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 does not apply to members of the
National Electronic Mass Media Council and of the Public
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 is prohibited, for two years after he or
she has taken the decision or participated in the taking of the
decision to grant a public procurement, a partnership
procurement, a procurement of public service providers or a
concession, to grant financial resources of a public entity, or
has performed monitoring, control, investigatory, or punitive
functions, or has administered insolvency proceedings, from
obtaining the property of such merchant and also to become a
shareholder, stockholder, member, beneficial owner of such
commercial company or to hold offices in such commercial company
in relation to which, while performing his or her duties, this
public official has taken the decision or participated in the
taking of the decision to grant a public procurement, a
partnership procurement, a procurement of public service
providers or a concession to grant financial resources of a
public entity, or has performed monitoring, control,
investigatory, or punitive 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; 10
December 2020; 21 January 2021; 15 June 2021; 15 February 2024;
12 December 2024]
Section 11. Restrictions on Issuing
Administrative Acts, Performance of Supervision, Control,
Investigatory, or Punitive Functions and Entering Into
Contracts
(1) A public official is prohibited, in the performance of the
duties of public official, to prepare or issue administrative
acts, perform the supervision, control, investigatory, or
punitive functions, enter into contracts or perform other
activities in which such public official, his or her relatives or
counterparties are personally or financially interested.
(2) A public official shall not issue administrative acts,
perform supervision, control, investigatory, 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, in relation to the
spouse - for two years after the divorce, but in relation to the
civil partner - for two years after termination of civil
partnership.
(3) A person who, prior to assuming the office of 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, from issuing administrative acts which affect
the activities of the relevant commercial company.
(4) The restriction on the issuing of administrative acts laid
down in Paragraph three of this Section shall not apply to such
public officials who, before assuming the office of public
official, have been members of the supervisory, executive body or
control body of a commercial company in which the share of a
public entity in the equity capital separately or together
exceeds 50 per cent or in which the public entity has another
decisive influence in accordance with the Group of Companies
Law.
(5) The restrictions on the issuing 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 issuing 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 councillors in cases where the
abovementioned public officials participate in the adoption of
external legal acts or political decisions;
2) members of the Saeima, members of the Cabinet or
local government 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; 21 January 2021; 15 February
2024 / Supplementation of Paragraph two with the words "in
relation to the spouse - for two years after the divorce, but in
relation to the civil partner - for two years after termination
of civil partnership" shall come into force on 1 July 2024.
See Paragraph 33 of Transitional Provisions]
Section 12. Prohibition to Influence
the Issuance of Administrative Acts and also the Performance of
Supervision, Control, Investigatory, and Punitive Functions
A public official is prohibited from influencing in any manner
other public officials using his or her office position when
preparing or issuing administrative acts or performing
supervision, control, investigatory, or punitive functions with
respect to:
1) this official, his or her relatives or counterparties;
2) issues the deciding of which influences or can 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,
member, beneficial owner or the member of supervisory, control or
executive body of which the official is or his or her relatives
are, and also with respect to a sole proprietorship which is a
public official himself or herself or his or her relative.
[21 January 2021; 15 February 2024 / Amendment to
Section regarding supplementation with the words "beneficial
owner" after the words "a shareholder, stockholder, member" shall
come into force on 1 July 2024. See Paragraph 33 of
Transitional Provisions]
Section 13. General Restrictions on
Accepting Gifts
(1) A public official is permitted to accept gifts while
performing the official duties in the cases referred to in
Section 13.1, Paragraph one of this Law. During the
performance of duties external of the office, a 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, and also
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 legal acts;
4) any benefits and guarantees which the public official,
while performing his or her official duties, is ensured in
accordance with the procedures laid down in laws and regulations
by an authority of a public entity in which the relevant person
fulfils the official duties;
5) services and various types of discounts which are offered
by commercial companies, sole proprietorships, and also farms and
fish farms, and which are publicly accessible;
6) services and discounts which are offered by commercial
companies, sole proprietorships, and also farms and fish farms,
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 Performing the Duties of
Public Official
(1) The President, the Chairperson of the Saeima, the
Prime Minister and the Minister for Foreign Affairs, while
performing the official duties, and also 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 countries, chairpersons of
parliaments, heads of governments, or ministers for foreign
affairs exchange upon prior agreement thereupon in accordance
with the procedures provided for in the diplomatic protocol.
These diplomatic gifts may be accepted also by civil partners of
the abovementioned public officials.
(2) A public official is permitted, while performing the
official duties, 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 countries 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 entity on public holidays and on days of commemoration
and celebration;
4) to a public official by an authority of a public entity in
which the relevant person performs the official duties.
(3) A public official while he or she is the representative of
the holder of capital shares of a public entity in a capital
company, and also two years after the end of the performance 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 entity.
(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 entity shall be registered,
evaluated, used, and redeemed.
[14 June 2012; 30 October 2014; 9 November 2023]
Section 13.2 Special
Restrictions on Accepting Gifts External to the Performance of
the Duties of Public Official
(1) A public official is prohibited from accepting gifts
outside the performance of the official duties if the public
official has, within two years prior to receipt of the gift,
prepared or issued an administrative act on the donor or
performed supervision, control, investigatory, or punitive
functions in relation thereto, or has administered its insolvency
proceedings, and also entered into contracts or performed other
activities associated with the performance of the official
duties.
(2) If a public official has accepted gifts from natural or
legal persons outside the performance of the official duties, he
or she is not entitled to prepare or issue an administrative act
or perform supervision, control, investigatory, or punitive
functions, or to administer insolvency proceedings, and also
enter into contracts or perform other activities associated with
the performance of the official duties in relation to the donor
for a period of two years after acceptance of the gift.
[7 June 2007; 10 September 2015; 21 January 2021]
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, the allocation (transfer)
of property, including financial resources, service, rights, or
benefit of another kind, except for a public infrastructure
object, without compensation for promoting the performance of the
functions of the authority of a public entity shall be considered
a donation. A donation shall be considered to be a contract
governed by public law which needs not be entered into in
writing; however, the authority of a public entity draws up the
fact of the donation in writing.
(2) A public official and also a collegial authority may
accept a donation in the name of the authority of a public entity
if accepting of the donation does not cause a conflict of
interest for the public official and does not affect the taking
of a decision in relation to the donor.
(3) A donation may not be accepted by the Competition Council,
Latvijas Banka, the Public Utilities Commission, the State
Revenue Service, the Financial Intelligence Unit of Latvia, a
State security institution, an investigating institution, the
Office of the Prosecutor, and a court.
(4) A donation may not be accepted from a private
individual:
1) who, within two years prior to allocation of the donation,
has performed legal transactions with the relevant authority of a
public entity or in relation thereto, has received financial
resources or guaranteed credits, except when:
a) the transaction has been made or financial resources and
credits have been granted as a result of an open tendering
procedure;
b) the transaction has been made for a service which is
provided in the price list of paid services of the relevant
authority of a public entity;
c) the transaction has been made for the allocation of the
donation;
2) regarding whom the relevant authority of a public entity
(its official), within two years prior to the allocation of the
donation, has issued administrative acts, except for the
mandatory administrative acts, performed supervisory or control
functions;
3) between whom and the relevant authority of a public entity
other legal relationships exist due to which a conflict of
interest might arise for the public official who decides on the
acceptance of the donation.
(5) Prior to the acceptance of a donation, a public official
or collegial authority shall assess whether the obligation to
issue administrative acts, except for mandatory administrative
acts, to perform supervisory or control functions might set in
for the authority of a public entity in relation to the donor for
two years after acceptance of the donation and whether acceptance
of the donation might cause a conflict of interest or restrict
the performance of the functions or tasks specified for the
authority of a public entity in laws and regulations.
(6) Prior to the acceptance of a donation, a written
permission of a higher official or collegial authority shall be
required.
(7) It is prohibited for the authority of a public entity to
make legal transactions in relation to the donor for two years
after acceptance of the donation, except when the donor has
received a public procurement, a partnership procurement, a
procurement of public service providers or a concession,
financial resources or guaranteed credits as a result of an open
tendering procedure or when the authority of a public entity has
an obligation to make such transaction in accordance with laws
and regulations.
(8) When accepting a donation in a foreign country, the
restrictions referred to in Paragraphs four, five, six, and seven
of this Section shall not apply to cases when the donor has
allocated the donation for the support of measures organised by
the authorities of a public entity in foreign countries in order
to promote the export, economic, or cultural development of
Latvia, the cooperation of Latvia with the Latvian diaspora in
foreign countries, or the re-emigration of the Latvian
diaspora.
(9) The restrictions on acceptance of a donation referred to
in Paragraphs three, four, five, six, and seven of this Section
shall not apply to cases when the following conditions come into
effect concurrently:
1) the donation is allocated for the promotion of culture,
art, science, education, children or youth sport, environmental
or health protection, or social assistance;
2) the sum total of donations made by the donor in a calendar
year to the relevant authority of a public entity does not exceed
the amount of three minimum monthly wages.
(10) The restrictions on the acceptance of a donation referred
to in Paragraphs three, four, five, six, and seven of this
Section shall not apply to cases when the decision to accept a
donation for the implementation of the objectives of public
importance is taken by the Cabinet. In order to ensure that the
acceptance of a donation does not affect the objectivity and
neutrality of the relevant authority of a public entity and its
officials who are performing functions or tasks in relation to
the donor and would not be in contradiction with the ethical
standards of the sector, the objective and conditions for the use
of the donation shall be determined in the decision. The Cabinet
shall determine the authority of a public entity which supervises
and controls the use of the received donation.
(11) The authority of a public entity or its higher authority,
if the authority of a public entity does not have its own
website, shall, within five working days after acceptance of the
donation, publish on its website the given name and surname of
the donor - natural person - or the name of the legal person or
association of persons, and also the subject matter, amount, and
objective of allocation of the donation. The abovementioned
information shall be available on the website for two years after
the day of its publication. The provisions of this Paragraph in
relation to the publishing of information on donations on the
website shall not apply to the case referred to in Paragraph nine
of this Section.
[21 January 2021; 12 December 2024]
Section 15. Prohibition to be a
Representative
(1) A public official may not be a representative of an
authority of a public entity:
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 company the shareholder,
stockholder, member, beneficial owner, or member of supervisory,
control, or executive body of which the public official is or his
or her relatives are, and also in relations with a sole
proprietorship which is a public official himself or herself or
his or her relative;
5) and represent the interests of the authority of a public
entity in court of any jurisdiction, including to prepare
documents for ensuring such representation, against such natural
and legal persons and associations of persons from whom the
public official has, within the last three years, directly or
through the intermediation of other persons accepted any
financial benefit or benefit of another kind, including
compensation, has been a shareholder, stockholder, member,
beneficial owner therein or has held offices therein.
(2) A public official shall not be a representative of the
holder of capital shares of a public entity, except in the cases
provided for by the Law on Governance of Capital Shares of a
Public Entity and Management of Capital Companies Thereof.
[30 October 2014; 21 January 2021 / Amendments to
Section regarding supplementation with the words "beneficial
owner" after the words "a shareholder, stockholder, member" shall
come into force on 1 July 2024. See Paragraph 33 of
Transitional Provisions]
Section 16. Prohibition to Receive
Supplementary Payments
(1) A public official who, while performing the official
duties 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, while performing the official
duties of a public official, must provide services or take a
decision for a fee set by a public entity is prohibited from
accepting a supplementary payment for the performance of such
duties.
(3) Within the meaning of this Law, a 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 charge or for a reduced
fee for the use of the relevant public official or his or her
relatives;
3) the provision of services without charge or for a reduced
fee 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 where such is included in the official
duties 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 Entity
(1) A public official may perform the activities referred to
in Section 4, Paragraph two, Clause 3 of this Law and also use
the property or financial resources of an authority of a public
entity only for the purposes provided for in external legal acts
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 official duties of the public official or use
such information for purposes not related to the performance of
the official duties of the public official or fulfilment of
specific work tasks.
Chapter
III
Obligations and Rights of the Head of an Authority of a Public
Entity 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 Entity
(1) The head of an authority of a public entity has the
obligation, within the limits of 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.
(11) The head of an authority of a public entity
and his or her authorised person has the obligation to notify the
public official referred to in Section 4, Paragraph two,
2.1, 2.2, three or five of this Law of the
appointment to the office of a public official or of the
determination of the status of a public official.
(2) The head of an authority of a public entity has the
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 official duties 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 for the 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 entity has the obligation to decide on the issue of the
possible combining of office of the public official with another
office, the performance of a work-performance contract or
authorisation.
(4) [8 May 2003]
(5) The head of an authority of a public entity or his or her
authorised person has the 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 electronic submission thereof, 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 the performance of the delegated functions or the
use of the financial resources.
(52) The head of the authority of a public entity
or his or her authorised person shall, within 15 days, submit the
lists of such public officials to whom the requirements for the
protection of the law On Official Secret (except for the public
officials referred to in Section 23, Paragraph three of this Law)
are applied and the amendments made to such lists to the
specialised unit of the State Revenue Service in conformity with
the requirements for the protection of an official secret laid
down in the law On Official Secret.
(53) The lists of public officials of State
security institutions and the amendments made thereto shall,
within 15 days, be submitted to the director of the Constitution
Protection Bureau in conformity with the requirements for the
protection of an official secret laid down in the law On Official
Secret.
(6) The head of an authority of a public entity has the
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 of 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 entity, a person to
whom the head of an authority has entrusted the 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 disclosing information which has become known
thereto on the public official or employee of the relevant
authority of a public entity who has provided information on the
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
entity.
[8 May 2003; 15 December 2005; 12 November 2009; 28 April
2011; 30 October 2014; 10 September 2015; 9 June 2016; 21 January
2021; 12 December 2024]
Section 21. Obligations of Public
Officials
(1) A public official shall, without delay, provide
information in writing to a higher public official or collegial
authority on the following:
1) his or her financial or other personal interest and also
financial or other personal interest of their relatives or
counterparties in the performance of any action that is part of
their official duties;
2) commercial companies the shareholder, stockholder, member,
beneficial owner, 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 a sole proprietorship which receives orders
for public procurements, partnership procurements, procurements
of public service providers or concessions of the respective
authority of a public entity or financial resources of a public
entity, or State or local government guaranteed credits, except
where they are granted as a result of an open tendering
procedure.
(2) A public official shall, without delay, inform a higher
public official or collegial authority in writing of cases when
he or she is assigned to represent the interests of the authority
of a public entity in court of any jurisdiction against natural
or legal persons or associations of persons if the public
official has, within the last three years, directly or with the
intermediation of other persons accepted any financial benefit or
benefit of another kind from such persons, including
compensation, has been a shareholder, stockholder, member,
beneficial owner therein or has held offices therein.
(3) A higher public official or collegial authority shall,
after receipt of the information referred to in Paragraphs one
and two of this Section, assign the performance of the functions
or tasks 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 Paragraphs one and two of this
Section, the requirements of the Insolvency Law and the Civil
Procedure Law for the 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.
(4) A public official shall, upon request of the head of the
authority of a public entity or his or her authorised person,
provide information thereto in writing which is necessary when
taking internal control measures for the prevention of the risk
of corruption and a conflict of interest.
(5) If a public official becomes aware of information
regarding situations of a conflict of interest or possible cases
of corruption while performing the official duties, he or she
shall inform the head of the authority of a public entity, the
Corruption Prevention and Combating Bureau, or the Prosecutor
General. If a public official working in a State security
institution becomes aware of information regarding situations of
a conflict of interest while performing the official duties, he
or she shall inform the director of the Constitution Protection
Bureau, but of potential cases of corruption - the head of the
authority, the Corruption Prevention and Combating Bureau, or the
Prosecutor General.
[21 January 2021; 15 February 2024 / Amendments to
Section regarding supplementation with the words "beneficial
owner" after the words "a shareholder, stockholder, member" shall
come into force on 1 July 2024. See Paragraph 33 of
Transitional Provisions]
Section 21.1 Informing of
Conflict of Interest of Other Public Officials
[21 January 2021]
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 official
duties or the combining of the office of 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 the
Submission of Declarations
(1) A public official has the obligation to submit the
following declarations of a public official within the specified
term and in accordance with the specified procedures:
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 performance
of official duties;
4) a declaration to be submitted after the performance of
official duties 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.
(21) Public officials to whom the requirements for
the protection of an official secret laid down in the law On
Official Secret (except for the public officials referred to in
Paragraph three of this Section) are applied shall submit
declarations of a public official to the specialised unit of the
State Revenue Service in conformity with the requirements for the
protection of an official secret laid down in the law On Official
Secret.
(3) Public officials working in State security institutions,
except for the director of the Constitution Protection Bureau,
shall submit declarations to the head of the Constitution
Protection Bureau in conformity with the requirements for the
protection of an official secret laid down in the law On Official
Secret.
(4) The head of the Corruption Prevention and Combating Bureau
and the director of the Constitution Protection Bureau shall
submit declarations to the Prime Minister or his or her
authorised person.
(5) The 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; 21 January 2021]
Section 24. Information to be
Indicated in a Declaration
(1) The declaration of a public official shall specify the
following:
1) his or her given name, surname, personal identity number,
and place of residence, and also the given name, surname, and
relationship of his or her spouse, parents, brothers, sisters,
half-brothers, half-sisters, and children, given name and surname
of the civil partner;
2) his or her office as a public official;
3) information on other offices held thereby in addition to
the office of public official, creative work, professional
activities, economic activities (except for activities which need
not be registered with the State Revenue Service in the status of
the performer of economic activities in accordance with the legal
acts governing the personal income tax), and also
work-performance contracts or authorisations which he or she
performs or the commitments provided by which he or she
fulfils;
4) information on the immovable properties in his or her
ownership, possession, use (also on the properties where he or
she actually lives and which are rented, leased or lent thereby
from other persons), also on such immovable properties which are
in his or her possession in connection with an established
guardianship or trusteeship;
5) information on the fact that the public official is an sole
proprietorship, on commercial companies the shareholder,
stockholder or member of which he or she is, and also 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 corroborating the right to acquire or alienate
transferable securities or providing for the settlement of
accounts in cash;
c) investment fund shares 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 and also on such means of transport
which are in his or her possession, use 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 total
amount exceeds 20 minimum monthly wages;
8) information on all kinds of income earned during the
reporting period;
9) information on the transactions made thereby if their
amount individually exceeds 20 minimum monthly wages, 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 who benefits:
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 debt liabilities if the total
amount thereof exceeds 20 minimum monthly wages, specifying the
amount of such debt liabilities and the debtor or creditor
respectively;
11) information on the loans issued thereby if the total
amount thereof exceeds 20 minimum monthly wages;
12) information on whether he or she has accumulated funds in
private pension funds or life insurance (with the accumulation of
funds);
13) other information which he or she wants to indicate in the
declaration:
a) information on an object not referred to in Clause 4, 5, 6,
7, or 12 of this Paragraph or an aggregate of objects owned
thereby the value of which, in his or her opinion, exceeds 20
minimum monthly wages;
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 the declaration, when providing information
related to the professional activity of a 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 on
work-performance contracts or authorisations which he or she
performs or the commitments specified in which he or she fulfils
(Paragraph one, Clause 3 of this Section), indicating only the
information on the performance of professional duties of the
lawyer and shall indicate it as another 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 information on the transactions made thereby
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 indicated in the declaration in relation to both
Latvia and foreign countries.
(21) The State Revenue Service shall ensure in the
Electronic Declaration System that a submitter of the declaration
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
determine 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, and also the procedures for
the completion, submission, registration, and keeping
thereof.
(4) A submitter of the declaration shall confirm with a
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; 21 January 2021; 15 February 2024; 9 November
2023]
Section 25. Terms for the Submission
of Declarations
(1) When assuming the office, a person 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, election or approval in the office of
public official was taken or from the day when the term of office
of members of the Saeima or local government councillors
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 performing the relevant official duties
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 performance of
the official duties 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 official duties.
(4) The declarations of a public official which are referred
to in Section 23, Paragraph one, Clauses 1 and 3 of this Law need
not be submitted if the public official continues the performance
of another office of a public official or starts a new office of
a public official, except for the exceptional cases stipulated by
the Cabinet in relation to the public officials referred to in
Section 20, Paragraphs 5.2 and 5.3 of this
Law.
(5) The President, members of the Saeima, Prime
Minister, Deputy Prime Minister, Ministers, Ministers for Special
Assignments, and Parliamentary Secretaries, chairpersons and
executive directors of local government councils 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
for more than three months. Such declaration shall be submitted
for the 24 months following termination of the performance of the
official duties 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 the performance of
the official duties 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 three months after publication
of the publicly releasable part of the declaration in accordance
with the procedures laid down in Section 26, Paragraph six of
this Law. The submitter of the declaration has the obligation to
update the declaration within one month after the ruling has
entered into effect in administrative offence proceedings or
criminal proceedings by which the person has been convicted for
the indication of false information in the declaration of a
public official and in other cases within one month after the
person has been notified of the non-conformities found in the
declaration of a public official.
[15 December 2005; 26 March 2009; 30 September 2010; 9 June
2016; 21 January 2021; 15 February 2024]
Section 26. Public Access to
Declarations
(1) In order to ensure personal data protection, the
declarations shall contain a part that is publicly accessible and
a part that is publicly inaccessible. The public official or the
head of the authority which verifies declarations in accordance
with this Law and also the head of the authority of a public
entity 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 specified 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 and also
to publish the information included therein.
(4) The publicly inaccessible part of the declaration shall
contain the following information indicated in the
declaration:
1) personal identity number and place of residence of the
public official;
2) information on the minor relatives of the public
official;
3) information on the parties to obligations and
counterparties indicated in the declaration;
4) information indicated in Section 24, Paragraph one, Clause
13, Sub-clause "a" of this Law;
5) office held by the public official as a national guardsman
and also the income gained by the public official while
performing service in the National Guard or the Regular Forces
Unit of the National Armed Forces in accordance with the contract
for service in the National Guard.
(5) Only such public officials and authorities which examine
the declarations in accordance with this Law and also, in cases
determined in the Law, a prosecutor, investigating institutions,
State security institutions, and the Financial Intelligence Unit
of Latvia may become acquainted with the information in the
publicly inaccessible part of the declaration.
(51) The head of an authority of a public entity
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 it is necessary in the particular case to
prevent 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 State
city councils shall be published electronically by the State
Revenue Service not later than within one month, but the publicly
releasable data indicated in the declarations of other public
officials not later than within three months after the submission
thereof.
(7) The State Revenue Service shall ensure that the
declarations (publicly accessible part of the declaration)
updated in accordance with the procedures laid down in Section
25, Paragraph six of this Law are made public not later than
within a month after the submission thereof.
[8 May 2003; 15 December 2005; 26 March 2009; 28 April
2011; 30 January 2014; 30 October 2014; 10 September 2015; 9 June
2016; 21 January 2021; 15 June 2021; 2 March 2023]
Chapter V
Examination of Violations and Verification of Facts
Section 27. Verification
Procedures
(1) Violations of this Law committed by public officials and
also 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 in
the fulfilment and control of the requirements of this Law.
(3) The State Revenue Service, the Constitution Protection
Bureau, the Prime Minister or his or her authorised person shall,
in accordance with the procedures for the submission of
declarations provided for in Section 23, Paragraphs two,
2.1, three, and four of this Law, 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; 21 January
2021]
Section 28. Verification of
Declarations and Facts
(1) The State Revenue Service, the Constitution Protection
Bureau, and the Prime Minister or his or her authorised person
have, in accordance with the jurisdiction of the submission of
declarations provided for in Section 23, Paragraphs two,
2.1, three, and four of this Law, the obligation to
verify, in the cases provided for in this Law, whether the
declaration:
1) has been submitted and completed in accordance with the
determined procedures;
2) has been submitted within the specified term.
(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, and also the
Corruption Prevention and Combating Bureau, according to the
competence specified in Section 27, Paragraph three of this Law,
has the 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 the obligation to verify whether:
1) the head of an authority of a public entity has submitted
the lists of public officials within the specified term 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 entity have been completed correctly and
are complete.
(4) If necessary, the Corruption Prevention and Combating
Bureau, the Constitution Protection Bureau, the State Revenue
Service, or the Prime Minister has the right, during the
verification of the declaration, to request and receive
information and documents from the relevant public official,
authorities of a public entity, merchants, public or political
organisations and alliances thereof, religious organisations or
other authorities, and also from the persons that are indicated
or should have been indicated in the relevant declaration in
accordance with the provisions of this Law.
(5) If facts are discovered during the verification of the
declaration that indicate that the public official has used
property, including financial resources, exceeding the sources of
income indicated in the declaration of such public official and
permitted in accordance with this Law, and also 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 the obligation to
verify 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 and also to verify the
legality of acquisition of the property of the official by
involving the State Revenue Service.
(6) If violations the examination of which is not within the
competence of the authority or public officials performing the
verification or facts the evaluation of which is not within the
competence of the authority or public officials performing the
verification are found during the verification of the
declaration, 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; 21 January
2021]
Section 29. Obligations of Public
Officials in the Verification of Declarations, Facts and
Violations
(1) A public official has the obligation to provide and
justify the information requested by an authority or a public
official authorised by law.
(2) A public official has the 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 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 a 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 the 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 procedures of State administration which can be
measured in financial terms and is proportional to the increase
in value of income, financial benefits, and property which has
been 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 a written permission from the officials (authorities), but the
permission has not been requested by the public official and such
combination of offices has not raised 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 violating 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 the obligation to take 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 the activities provided for in legal acts for
the enforcement of an administrative act. The enforcement shall
be ensured through the bailiff.
(5) Losses shall be recovered from a public official
regardless of whether the public official is held
administratively or criminally liable for the violation of 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
of a Violation
(1) The Corruption Prevention and Combating Bureau and the
State Revenue Service have, within the framework of the
competence specified in this Law and other legal acts, the
obligation to inform the society of violations of this Law found
in the activities of a public official, posting the information
on the website of the relevant authority.
(2) The Constitutional Court shall inform the society of
violations of this Law committed by the judges of the
Constitutional Court, the Judicial Disciplinary Committee or the
Disciplinary Court - of the violations committed by judges, and
the Office of the Prosecutor General - of the violations
committed by prosecutors.
(3) The Prime Minister shall inform the society of the
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 Section shall post the following information on
their website:
1) the given name, surname, and office held by a public
official;
2) the legal norm of this Law which has been violated;
3) the nature of the violation and time when it was
committed;
4) the decision (ruling) taken;
5) the date of entry into effect of the decision (ruling) and
its enforcement.
(5) The authorities referred to in Paragraphs one, two, and
three of this Section shall post the information on their website
after the decision of the relevant authority has entered into
effect and has not been contested or appealed against within the
term specified in the Law, or a relevant court ruling 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 enforced.
(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; 21 January 2021]
Chapter
VI
Administrative Offences in the Field of the Prevention of
Corruption and Competence in the Administrative Offence
Proceedings
[17 June 2020]
Section 32. Administrative Liability
of Public Officials
(1) For the non-submission of the declaration of a public
official within the specified term, for non-conformity with the
procedures for the filling in and submission of the declaration,
or for indication of false information in the declaration, a fine
of up to thirty units of fine shall be imposed.
(2) For the indication of false information in the declaration
of a public official in relation to the property, transactions,
financial instruments, debt liabilities, loans, cash and non-cash
savings, or other income of a public entity which exceed 20
minimum monthly wages or for the non-submission of the
declaration of a public official after the warning of such State
authority which is entitled to request the submission of such
declaration, a fine of up to seventy units of fine shall be
imposed, with or without the imposition of the prohibition to
exercise the rights of a public official for up to two years.
(3) For the non-submission of the lists of public officials
specified in this Law and amendments thereto according to the
specified procedures and also for the submission of incomplete
lists, a fine from fourteen to forty-two units of fine shall be
imposed on the head of the authority of a public entity.
(4) For the violation of the restrictions and prohibitions
specified for public officials in this Law and also for the
performance of the functions of a public official in the
situation of a conflict of interest, a fine from fourteen to one
hundred and forty units of fine shall be imposed, with or without
the imposition of the prohibition to exercise the rights of a
public official for up to two years.
(5) For the failure to fulfil of the obligations specified in
this Law in relation to the prevention of a conflict of interest,
a fine of up to seventy units of fine shall be imposed, with or
without the imposition of the prohibition to exercise the rights
of a public official for up to two years.
[17 June 2020]
Section 33. Competence in
Administrative Offence Proceedings
(1) The administrative offence proceedings regarding the
offences referred to in Section 32, Paragraphs one, two, and
three of this Law shall be conducted by the State Revenue
Service.
(2) The administrative offence proceedings regarding the
offences referred to in Section 32, Paragraphs four and five of
this Law shall be conducted by the Corruption Prevention and
Combating Bureau.
[17 June 2020]
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 the functions shall be transferred to the
Corruption Prevention and Combating Bureau in accordance with the
procedures and term determined by the law.
2.1 The State Revenue Service shall continue and
finish verification of such information indicated in the
declaration which is indicative of violation of the restrictions
laid down in this Law if the abovementioned verifications were
commenced by the State Revenue Service up to 1 February 2003 when
the Prevention and Combating of Corruption Bureau commences the
fulfilment of its functions in full amount.
[8 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 the obligation to fulfil the
provisions of Section 8, Paragraph one of this Law within one
month.
4. The terms "merchant", "sole proprietorship", "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 Redemption of the Gifts Permitted to be Accepted by
Public Officials During the Performance of Official Duties;
2) Cabinet Regulation No. 80 of 2 March 1999, Procedures for
the Completion Of Declarations of Public Officials to be
Submitted when 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 the Combining of Offices 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 the Combining
of Offices 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 the Combining of Offices 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 legal acts 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 supervisory board 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, and also 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 and also amendment to
Section 7, Paragraph six of this Law which provides for
restrictions on the combining of offices for officials with
special service rank of an institution of the system of the
Ministry of the Interior and the Prison Administration shall come
into force concurrently with the Law on the Course of Service of
the Officials with Special Service Ranks of the Institutions of
the System of the Ministry of the Interior and the Prison
Administration.
[14 September 2006]
12. A public official shall ensure conformity to the
requirements of Section 7, Paragraph twelve of this Law by 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 of this Law in relation to restrictions
on the combination of the statuses and offices of a public
official for the head of a rural territory or town
administration, Section 10, Paragraph 1.1 of this Law
and the respective amendment to Paragraph two of this Section,
and also the amendments regarding the rewording of Paragraphs
four and five of this Section and supplementing of the
abovementioned Section with Paragraph 4.1 in relation
to the restrictions on 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) in
the entire Law with the word "council" (in the relevant number)
shall come into force on 1 July 2009.
[26 March 2009]
15. The amendments to Section 10 of this Law referred to in
Paragraph 13 of the Transitional Provisions of this Law shall not
be applied in cases when:
1) orders for procurements for the needs of a State
institution or financial resources to the official referred to in
Section 10, Paragraph 1.1 of this Law or his or her
relative as a sole proprietorship, or such commercial company in
which the aforementioned persons are shareholders, stockholders
or members have been granted until 1 July 2009 (Section 10,
Paragraph 1.1 of this Law);
2) orders for procurements for the needs of a local
government, financial resources, local government guaranteed
credits or the funds of a privatisation fund for a deputy of the
executive director of a local government as a sole proprietorship
or for such commercial company in which the relevant deputy of
the executive director of a local government is a shareholder,
stockholder or member were granted until 1 July 2009 (amendment
to Section 10 of this Law regarding the rewording of Paragraph
four);
3) orders for procurements for the needs of a local government
institution or financial resources for the head of a local
government institution or his or her deputy as a sole
proprietorship, or for such commercial company in which the head
of the local government institution or his or her deputy is a
shareholder, stockholder or member were granted until 1 July 2009
(Paragraph 4.1 of Section 10).
[26 March 2009]
16. The amendments to Section 10, Paragraphs two and five of
this Law regarding restrictions on commercial activity referred
to in Paragraph 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
perform their official duties on or after 1 July 2009;
2) heads of State institutions, their deputies and relatives,
if the head of the State institution or his or her deputy has
ceased to perform his or her official duties on or after 1 July
2009.
[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
found 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
Performing the Official Duties and Which Are the Property of the
State or Local Government Authority Shall Be Registered,
Evaluated, Used, 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
preparing 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 Paragraph one of Section 4
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 the
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 of this
Law with the words "or to administer insolvency proceedings"
after the words "functions", supplementation of Section 20,
Paragraph two of this Law with the second sentence and
supplementation of Paragraph 5.1 of this Law with a
new second sentence, supplementation of Section 21, Paragraph two
of this Law with the second sentence and supplementation of
Section 26, Paragraph four of this Law 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 the
declaration of a public official which is submitted when assuming
the office (Paragraph one of Section 25) 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 the supplementation of Section 7 with
Paragraph 5.3, hold another office in the respective
capital company may continue to hold the relevant office if they
fulfil the requirements referred to in Section 7, Paragraph
5.3, Clause 4 of this Law not later than by 1 April
2015.
[30 October 2014]
24. Amendments to Section 10 of this Law which provide for
restrictions on commercial activity to members 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 referred to in
Paragraph one or 6.1 of this Section have been
received by 1 April 2015.
[30 October 2014]
25. Amendment to Section 7, Paragraph four of this Law
regarding its supplementation with the words "to the head 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 the supplementation of
Paragraph one of Section 4 with Clause 27 and supplementation of
Paragraph three of Section 7 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 permissions for the 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 shall be issued by the Liepāja City
Council.
[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]
29. The deadline for the submission of the declaration
referred to in Section 23, Paragraph one, Clause 1 of this Law
for the director of the Constitution Protection Bureau shall be 1
April 2021.
[21 January 2021]
30. Amendments to this Law regarding the supplementation of
Paragraph six of Section 25 with a sentence and the
supplementation of Section 26 with Paragraph seven shall come
into force on 1 July 2021.
[21 January 2021]
31. The officials referred to in Section 4, Paragraph one,
Clause 5 of this Law who combine the office of a public official
with another office at the time when amendments to this Law
regarding the supplementation of Section 7, introductory part of
Paragraph six with the words and number "Paragraph one, Clause 5"
and Section 8.1, Paragraph twelve come into force
shall be obliged to comply with the provisions of Section
8.1 of this Law by 31 July 2021.
[15 June 2021]
32. The State Revenue Service shall, by 1 August 2023, ensure
that the information referred to in Section 26, Paragraph four,
Clause 5 of this Law is not accessible in the declarations
published in the publishable database of the State Revenue
Service.
[2 March 2023]
33. Amendments to this Law regarding the supplementation of
this Law with the words "beneficial owner" after the words
"shareholder, stockholder, member", new wording of the first
sentence of Section 10, Paragraph one of this Law,
supplementation of Section 11, Paragraph two of this Law with
words "in relation to the spouse - for two years after divorce,
but in relation to a civil partner - for two years after the
termination of the partnership" shall come into force on 1 July
2024.
[15 February 2024]
34. Amendment to this Law regarding the supplementation of
Paragraph three of Section 7 after the words "and the chief of
the garrison" with the words "the Chief of the Tax and Customs
Police and his or her deputy" shall come into force on 1 January
2026.
[12 December 2024 / The abovementioned amendment
shall be included in the wording of the Law on 1 January
2026]
35. When the amendments to this Law regarding the new wording
of Paragraphs four and five of Section 7 and the supplementation
of Section 7 with Paragraphs 7.1 and 7.2
come into force, the public officials who combine the office of a
public official with another office in an authority of a public
entity shall, until 31 August 2025, have the obligation to ensure
conformity with the requirements of this Law.
[12 December 2024]
The Law shall come into force on 10 May 2002.
The Law has been adopted by the Saeima on 25 April
2002.
President V. Vīķe-Freiberga
Rīga, 9 May 2002
1The Parliament of the Republic of
Latvia
Translation © 2025 Valsts valodas centrs (State
Language Centre)