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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 01.07.2023.–13.03.2024.
Amendments not included: 09.11.2023., 15.02.2024.
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].

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

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

On Prevention of Conflict of Interest in Activities of Public Officials

Chapter I
General Provisions

Section 1. Terms Used in the Law

The following terms are used in this Law:

1) office - work or service within the scope of specified authorisation in an institution of a public person, in a public, political, or religious organisation, 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 person in which he or she holds the office of a public official in the international organisation of which the Republic of Latvia is a member state or with which the Republic of Latvia is cooperating, 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 in order that the public official shall act in the name and interests of the authorising person;

4) counterparty - a natural or legal person or an association of natural and legal persons established on the basis of a contract, which in accordance with the provisions of this Law is in declarable business relations with a public official;

5) conflict of interest - a situation where, in performing the duties of office of the public official, the public official must take a decision or participate in taking of a decision or perform other activities related to the office of the public official which affect or may affect the personal or financial interests of this public official, his or her relatives or counterparties;

6) relative - father, mother, grandmother, grandfather, child (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;

7) creative work - journalistic, literary, or artistic work for which royalties or fees are received;

8) authority of a public person:

a) an institution (its unit) of a public person;

b) a capital company of a public person;

c) a capital company in the equity capital of which the share of a public person separately or together exceeds 50 per cent or in which a public person has another decisive influence in accordance with the Group of Companies Law;

d) a capital company in the equity capital of which the share of capital companies of a public person or several public persons separately or together exceeds 50 per cent or in which one public person has or several public persons have another decisive influence in accordance with the Group of Companies Law;

9) head of the authority of a public person:

a) the head of the institution of a public person (in a ministry - the State Secretary). The Saeima, Presidium of the Saeima or Speaker of the Saeima 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 board of a capital company of a public person;

c) the board of such capital company in the equity capital of which the share of a public person separately or together exceeds 50 per cent or in which a public person has another decisive influence in accordance with the Group of Companies Law;

d) the board of such capital company in the equity capital of which the share of capital companies of a public person or several public persons separately or together exceeds 50 per cent or in which one public person has or several public persons have another decisive influence in accordance with the Group of Companies Law.

[28 April 2011; 30 October 2014; 1 February 2018; 21 January 2021]

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 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 President of the bank Latvijas Banka, his or her deputy and members of the Council of Latvijas Banka;

7) the Auditor General, members of the Council of the State Audit Office, and the sectoral head of the audit department of the State Audit Office;

8) the Chairperson of the Central Election Commission, his or her deputy, and the Secretary of the Central Election Commission;

9) the Director of the Constitution Protection Bureau and his or her deputy;

10) the 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 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 Council of the Public Utilities Commission, a member of the Council of the Financial and Capital Market Commission;

14) the chairperson of a local government council and his or her deputy, the executive director of a local government and his or her deputy, and also the head of the administration of a rural territory (or pagasts) or town in the municipality local government;

15) councillors of local government councils;

16) head of an institution of a public person and his or her deputy;

17) civil servants of the general or specialised State civil service;

18) a member of the board of a capital company who represents the interests of a public person in the capital company, or a member of the board in a capital company in the equity capital of which the share of a public person separately or together exceeds 50 per cent or in which a public person has another decisive influence in accordance with the Group of Companies Law;

19) a member of the council or board of a capital company of a public person;

191) a member of the board of such capital company in which the share of capital companies of a public person or several public persons in the equity capital separately or together exceeds 50 per cent or in which one public person has or several public persons have another decisive influence in accordance with the Group of Companies Law, and such a member of council of capital company who represents the interests of the capital company of a public person;

20) a representative of the holder of capital share of a public person and his or her authorised person;

21) judges, prosecutors, sworn notaries, and sworn bailiffs;

22) professional service soldiers of the National Armed Forces;

23) [12 November 2009];

24) member of the public procurement commission;

25) officials with special service 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, in fulfilling official duties in authorities of a public person, have the following rights in accordance with laws and regulations shall be considered to be public officials:

1) to issue administrative acts;

2) to 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 person, to transfer it in the ownership, use, or possession of other persons, to alienate from other persons or to encumber with property or obligation rights, and also to divide financial resources.

(21) Also persons who, in fulfilling official duties in State intelligence and security services, perform at least one of the following activities shall be considered to be public officials:

1) intelligence;

2) counter-intelligence;

3) investigatory operations;

4) the processing, analysis, or protection of information acquired through intelligence, counter-intelligence or investigatory operations.

(22) Also persons who, in fulfilling official duties in authorities involved in the management of European Union or foreign financial aid, perform at least one of the following activities shall be considered to be public officials:

1) fulfil supervisory, control, or punishment functions in relation to persons who are not directly or indirectly subordinate to them;

2) take decisions on the submitted project or project application;

3) take such a decision which affects the use of the granted financial aid.

(23) Also the persons who hold the office of the chairperson of the board of a port, port manager, member of the board of a port, the chairperson of the board, the member of the board or manager of Liepāja Special Economic Zone shall be considered to be public officials. Persons employed in private ports shall be considered to be public officials only if such is provided for in Paragraph three of this Section.

(3) Persons who fulfil official duties externally of authorities of a public person shall also be considered to be public officials if in accordance with the laws and regulations the State or local government has permanently or temporary delegated to them any of the functions referred to in Paragraph two of this Section.

(4) A member of the board of such capital company in the equity capital of which the share of capital companies of a public person or several public persons separately or together exceeds 50 per cent or in which one public person has or several public persons have another decisive influence in accordance with the Group of Companies Law, and a member of such council of capital company who represents the interests of the capital company of a public person shall not be considered to be a public official if the relevant capital company is registered in a foreign state. Prevention of the conflict of interest in the activities of members of the board or council of such capital companies shall be ensured in accordance with the procedures and in the amount laid down in laws and regulations and articles of association by a capital company of a public person which owns capital shares in the abovementioned capital company registered in a foreign state.

(5) A person who temporary fulfils the duties of office of other public official shall also be considered to be a public official. The provisions provided for in the Law which apply to the public official the duties of office of which he or she performs shall be applicable to such public official.

[8 May 2003; 15 December 2005; 14 September 2006; 7 June 2007; 26 March 2009; 12 November 2009; 27 May 2010; 28 April 2011; 14 June 2012; 30 October 2014; 21 May 2015; 10 September 2015; 9 June 2016; 10 December 2020; 21 January 2021 / Law of 30 October 2014, Amendments to the law On Prevention of Conflict of Interest in Activities of Public Officials, by which Paragraph one of Section is supplemented with Clause 26 in the following wording: "26) an insolvency administrator;", insofar as it does not ensure guarantees of professional activity for administrators of insolvency proceedings who are also concurrently advocates for the preservation of the selected occupation, has been recognised as not corresponding to the first sentence of Section 106 of the Constitution of the Republic of Latvia by the Judgment of the Constitutional Court of 21 December 2015, which entered into effect on 23 December 2015.]

Section 5. Control of the Implementation of this Law

(1) The Corruption Prevention and Combating Bureau, 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 laws and regulations.

(2) The activities of the Corruption Prevention and Combating Bureau shall be governed by the Law on Corruption Prevention and Combating Bureau.

Chapter II
Restrictions and Prohibitions on Public Officials

Section 6. General Restrictions on Combining Offices of Public Officials

(1) A public official is permitted to combine an office of the public official with another office, the performance of a work-performance contract or authorisation, or economic activity in the status of an individual merchant, or by registering with the State Revenue Service as the performer of economic activity in accordance with the law On Personal Income Tax, if restrictions on the combining of the offices of the public official are not provided for in this Law or another regulatory enactment.

(2) Unless stricter restrictions are provided for in the law, a public official shall be allowed, by complying with the special restrictions on combining offices provided for in Section 7, Paragraphs two, three, four, five, and six of this Law, to combine his or her office of the public official with not more than two other offices of a public official remunerated or compensated in some other way, or offices in other authorities of a public person. The work of a teacher, scientist, 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 entail a conflict of interest, is not in contradiction with ethical norms binding upon the public official and does not harm the performance of the direct obligations of the public official.

(3) A public official is permitted to combine his or her office of the public official with another office in such authority of a public person in which he or she is fulfilling the official duties of a public official, if such combining of offices does not entail a conflict of interest and if restrictions for combining the office of a public official are not provided for in this Law or another regulatory enactment.

(4) A public official to whom the special restrictions for the combining of offices specified in Section 7 of this Law have been determined is permitted to combine the office of a public official with:

1) an office which he or she holds in accordance with the law, the international agreements ratified by the Saeima, regulations and orders of the Cabinet, if it does not jeopardize the independence stipulated in laws and regulations for such public official or authority in which the relevant public official is employed;

2) the work of a teacher, scientist, physician, 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 an individual merchant or as a performer of economic activity in accordance with the law On Personal Income Tax, if within the scope of such activity income is obtained only from agricultural production, forest exploitation, fishing, rural tourism, 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 result in a conflict of interest;

6) an office in a commission, council established by the President, or the Chapter of Orders, if it does not result in a conflict of interest;

7) service in the National Guard, unless otherwise provided for in the law.

(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]

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.

(3) In addition to that specified in Section 6, Paragraph four of this Law the President of Latvijas Banka, his or her deputy, and a member of the Council of Latvijas Banka, the Auditor General, a member of the Council of the State Audit Office, the Chairperson of the Central Election Commission and his or her deputy, the Director of the Constitution Protection Bureau and his or her deputy, the Ombudsman and his or her deputy, a member of the National Electronic Mass Media Council, a member of the Public Electronic Mass Media Council, the chairperson and member of the Council of the Public Utilities Commission, the chairperson of the Financial and Capital Market Commission, his or her deputy and member of the Council thereof, the Director General of the State Revenue Service, a director of the board thereof and his or her deputy, the 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 and his or her deputy, the chairperson and a member of the Industrial Property Board of Appeal, the Chief of the State Police and his or her deputy, the Chief of the 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 result in a conflict of interest and a written permit has been received from the public official or collegial authority which has appointed, elected, or approved the relevant person in the office or which is referred to in Section 8.1, Paragraph eleven of this Law:

a) the work of an expert (consultant) the place of performance of which is administration of another country, an international organisation, or its representation (mission);

b) an office in an association or a foundation, or in a religious organisation.

(4) In addition to that specified in Section 6, Paragraph four of this Law, the chairperson of a local government council and a deputy thereof who holds a paid office in a local government council, the executive director of a local government and a deputy thereof, the head of an institution of a public person and a deputy thereof, the head of the Chancery of the President and a deputy thereof, the Secretary General of the Administration of the Saeima, the head of the administration of a rural territory or town in a municipality local government, a member of the board of a capital company of a public person, and also a member of the board of the capital company referred to in Section 1, Clause 8, Sub-clause "c" of this Law may only combine the office of a public official with the following:

1) an office in a trade union, an association or foundation, a political party, a political party alliance, or a religious organisation, unless otherwise provided for in Paragraph seven of this Section;

2) the following offices if it does not result in a conflict of interest and a written permit has been received from the public official or collegial authority which has appointed, elected, or approved the relevant person in the office:

a) an office in a capital company in which the public person or capital company of the public person is a shareholder, if it is related to the representation of the interests of the public person in such capital company;

b) another office in an authority of a public person;

c) the work of an expert (consultant) the place of performance of which is administration of another country, an international organisation, or its representation (mission).

(5) In addition to that specified in Section 6, Paragraph four of this Law, the official referred to in Section 4, Paragraph one, Clause 19.1 and Paragraph 2.3 of this Law and also a member of the council of a capital company of a public person and member of the council of a capital company who represents the interests of the public person in the capital company may combine the office of a public official only with another office, performance of a work-performance contract or authorisation, if such combining does not result in a conflict of interest and written permit has been received from such representative of the holder of capital shares of the public person which has nominated the relevant person for election in the office of a member of the council, or written permit has been received from the public official or collegial authority which has appointed, elected or approved the relevant person in the office.

(6) In addition to that laid down in Section 6, Paragraph four of this Law, a State civil servant, 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 laid down in this Section or in another law may only combine the office of public official with the following:

1) the offices in a trade union;

2) another office, performance of a work-performance contract or authorisation, or economic activity in the status of an individual merchant, or by registering with the State Revenue Service as a performer of economic activity in accordance the law On Personal Income Tax if such combination does not entail a conflict of interest and a written permit of the head of the relevant institution of a public person or of his or her authorised person has been received. If a professional service soldier is appointed in the office in a civil State institution or State security institution for a definite period of time in accordance with the procedures provided for in the law, a written permit for the combination of the offices shall be issued by the head of the institution who has appointed him or her in the office.

(7) In addition to those public officials who by other laws and by this Section are not permitted to combine their office of a public official with an office in a political party or political party alliance, this type of combination of offices is also not permitted for the director of the State Chancellery and his or her deputy, the State Secretary and his or her deputy, and also a member of the board or council of a State capital company.

(8) If the performance of the duties of the office of a public official is assigned to a person employed in the authority of a public person (Section 4, Paragraph five) and therefore such person must additionally comply with the restrictions on combining offices laid down in this Section and must perform the activities referred to in Section 8, Paragraphs one and two of this Law, then the head of the authority of a public person may, for the time period of performance of the duties of the office of the relevant public official, but for not more than 18 months, permit the combination of the relevant offices provided that it does not result in a conflict of interest and does not cause harm to the performance of direct duties of the public official.

[1 February 2018; 25 October 2018; 31 October 2019; 10 December 2020; 21 January 2021; 15 June 2021]

Section 8. Procedures for the Enforcement of Restrictions on Combining the Offices of Public Officials if the Combination of Offices is Prohibited

(1) A person who, after assuming the office as a public official, concurrently holds an office the combining of which with the office of public official is not permitted, has to fulfil the following obligations within seven days in writing:

1) to notify a higher public official or collegial authority of the fact that he or she holds one or more offices (performs a work-performance contract or authorisation) the combining of which with the office of public official is prohibited;

2) to submit to the authority in which the person holds an office the combining of which with the office of public official is prohibited a submission requesting the release of him or her from the relevant office.

(2) If the person who after assuming the office as a public official at the same time performs economic activity, performs work-performance contract or authorisation, the combining of which with the office of public official is prohibited, he or she shall, within three months from the day of assuming the office, terminate the economic activity, work-performance contract or cease the authorisation.

(3) The authority (person) which has received the submission of a public official referred to in Paragraph one, Clause 2 of this Section has an obligation, within one month, to take a decision to release the person from the office. The decision shall be sent to the relevant public official.

(4) If a public official has not received the decision referred to in Paragraph three of this Section due to circumstances beyond his or her control, he or she has an obligation after the expiry of the time period referred to in Paragraph three of this Section:

1) to notify in writing a higher public official or collegial authority, and also the Corruption Prevention and Combating Bureau thereof;

2) to suspend the performance of the duties of the relevant office;

3) to notify the authority (person) referred to in Paragraph one, Clause 2 of this Section regarding the suspension of the receipt of remuneration and to not utilise further payments of remuneration.

(5) If the authority referred to in Paragraph one, Clause 2 of this Section has not fulfilled the provisions of Paragraph three of this Section, the public official shall be considered as having observed the requirements of this Law.

[7 June 2007; 28 April 2011]

Section 8.1 Procedures for the Enforcement of Restrictions on Combining the Offices of Public Officials, if for the Performance of the Combination of Offices Permit is Necessary

(1) A person who, upon assuming an office of a public official, at the same time holds another office and such combining of offices is permitted upon receipt of a written permit from the official (authority) has an obligation, prior to the appointment, election or approval to office, to submit in writing to such official (authority) a request to permit the combination of the public official office with another office. The performance of economic activity, work-performance contract or authorisation shall also be considered as an office in this Section.

(2) If a person whose public official status is determined after a decision on his or her appointment, election or approval to office has been taken holds another office at the same time and such combining of offices is permitted upon receipt of written permit from an official (authority), the relevant person has an obligation, within seven days from the day of specification of public official status, to submit to the abovementioned official (authority) a request in writing to permit the combination of the public official office with another office.

(3) A public official who wishes to combine a public official office with another office, and such combining of offices is permitted upon receipt of a written permit from an official (authority) shall, prior to the commencement of the combination of offices (conclusion of a work-performance contract or assuming authorisation), submit to the abovementioned official (authority) a request in writing to permit the combination of the public official office with another office.

(4) If a public official holds several public official offices, written permit shall be received for each office for the combining of which with another office a permit is necessary in accordance with this Law.

(41) If a public official (authority) that appoints, elects, or approves a person to the office of a public official is the same as the one which, according to the conditions of the relevant Paragraph of Section 7 of this Law, takes a decision to permit combining the office of a public official with other offices, on the basis of information provided by the person, shall take a decision to permit combining the offices, also when appointing, electing or approving a person to the relevant office. In such case, no other permit is necessary for the mutual combining of the relevant offices. The issues referred to in Paragraph five of this Section shall be evaluated and reflected in the decision to appoint, elect, or approve to the office. The permit for the combination of offices may be revoked according to Paragraph six of this Section.

(5) In the cases provided for in this Law, a public official (authority) upon receipt of the request referred to in Paragraph one, two, or three of this Section to permit a public official to combine a public official office with another office has an obligation to:

1) evaluate whether the combination of the office will not entail a conflict of interest, will not be in contradiction with ethical norms binding upon the public official and will not harm the performance of the direct duties of the public official;

11) evaluate whether the combination of the office will not harm the interests of the State of Latvia, if the performance of the work is intended in a foreign state, international organisation, the representation (mission) thereof or on their behalf;

2) within one month, take a decision on the issuing of permit or the refusal to issue a permit for the combination of offices.

(6) If after coming into effect of the decision to issue a permit for the combination of offices, the legal or factual circumstances, which are referred to in Paragraph five, Clause 1 of this Section and which were the basis for the taking of the relevant decision, have changed, and the change of such circumstances does not permit the continued combination of offices, the relevant public official (authority) shall revoke the decision to issue a permit for the combination of offices.

(7) The decision to refuse to issue a permit for the combination of offices shall be taken and drawn up in accordance with the procedures laid down in the Administrative Procedure Law, indicating the justification for the decision in accordance with the requirements of Paragraph five, Clause 1 of this Section and other laws and regulations. The decision to permit the combination of an office of a public official with another office may be drawn up also in the form of a resolution. The procedures for registering decisions shall be determined by the head of the authority.

(8) If the issuing of permit to combine offices is refused with a decision or a decision is taken which revokes a decision to issue permit for the combination of offices, the relevant official may dispute and appeal such decisions in accordance with the procedures laid down in the Administrative Procedure Law. The dispute or appeal of a decision shall not suspend the operation thereof.

(9) If the issuing of a permit to combine offices is denied to a public official and such official already holds the office to be combined, and also when the decision to issue permit for the combination of offices has been revoked in accordance with Paragraph six of this Section, the public official shall, within one month, submit a request to release him or her from one or several offices in order to observe the restrictions for the combination of offices laid down in this Law. Further actions of authority (person) and the public official shall be subject to Section 8, Paragraphs three, four and five of this Law.

(10) If the issuing of a permit to combine the office with the performance of economic activity, performance of work-performance contract or authorisation has been denied to a public official, and the work-performance contract has already come into effect, this official has assumed the fulfilment of authorisation or has commenced the performance of economic activity, and also when the decision to issue permit for the fulfilment of the abovementioned obligations has been revoked in accordance with Paragraph six of this Section, the relevant official, if he or she continues to hold the office of a public official in relation to which the combination of offices with the performance of work-performance contract or authorisation referred to in this Paragraph has been refused, shall, within three months, terminate the economic activity, work-performance contract or cease the authorisation.

(11) A decision to issue the permit referred to in Section 7, Paragraph three, Clause 2 of this Law shall be taken by the President of Latvijas Banka for the members of the Council, the Auditor General for the members of the Council of the State Audit Office, the Chairperson of the Central Election Commission for the deputy chairperson of the Central Election Commission, the Prime Minister for the Head of the Corruption Prevention and Combating Bureau and the Director of the Constitution Protection Bureau, the assignments sitting of the Constitutional Court for the judges of the Constitutional Court (also for the chairperson and his or her deputy), the president of the relevant court for other judges, the Minister for Justice for the presidents of district (town) and regional courts, the President of the Supreme Court for the Prosecutor General, the chairperson of the relevant council for the members of the Council of Public Utilities Commission, for the members of the National Electronic Mass Media Council, the Public Electronic Mass Media Council, the Council of the Financial and Capital Market Commission (also for the deputy chairperson). The Presidium of the Saeima shall take the decision to issue the relevant permits for other public officials referred to in Section 7, Paragraph three of this Law who have been elected, appointed, or approved in the office by the Saeima.

(12) A written permit for the combination of the 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 permit 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]

Section 9. Restrictions on the Obtaining of Income

(1) A public official is permitted to concurrently receive remuneration for the performance of duties of office as public official and remuneration for the performance of such duties of office, work-performance contract or authorisation as are not prohibited to the official by this Law and other laws, 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 duties of office of a member of the Saeima is combined with the office of the Prime Minister, Deputy Prime Minister, Minister for Special Assignments, or Parliamentary Secretary, he or she is permitted to receive the remuneration intended only for one office.

(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 councillor of local government council, for two years after he or she has taken a decision or participated in taking of a decision to grant financial resources of a public entity to an association, foundation, or religious organisation, is prohibited from receiving remuneration from the respective association, foundation, except for the association or foundation established by local governments in accordance with the Law on Local Governments for the implementation of common interests, or from a religious organisation.

(23) A councillor of local government council is prohibited from receiving remuneration from the association, foundation, except for the association or foundation established by local governments in accordance with the Law on Local Governments 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 for the cases when the financial resources have been granted as a result of an open competition or for the performance of a delegated administration task.

(3) A public official shall not obtain 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) A public official while he or she is a representative of the holder of capital shares of a public person, and also three years after the fulfilment of these duties is prohibited:

1) to receive, directly or through the intermediation of third parties, any kind of financial benefit, including financial resources, not related to the performance of his or her duties;

2) to accept gifts from the relevant capital company or members of its supervisory or executive bodies;

3) to acquire capital shares, stocks, or property of the relevant capital company;

4) to hold other offices in the relevant capital company.

(5) A public official who in accordance with Section 7, Paragraph four, Clause 2 of this Law holds an office in a capital company in which a State or local government capital company is a shareholder is prohibited from gaining income from such capital company in which the State or local government capital company is a shareholder and in which the public official holds the relevant office.

[8 May 2003; 15 December 2005; 7 June 2007; 13 November 2008; 26 March 2009; 30 October 2014; 1 February 2018; 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, partners of such commercial company or such individual merchants who receive orders for public procurements, partnership procurements, procurements of public service providers or concessions, State financial resources or State-guaranteed credits. Parliamentary Secretaries, State Secretaries and their deputies, the President of Latvijas Banka and his or her deputy, members of the Council of Latvijas Banka, the Auditor General, members of the Council of the State Audit Office, sectoral directors of the Audit Departments of the State Audit Office, the Director of the Constitution Protection Bureau and his or her deputy, the Head of the Corruption Prevention and Combating Bureau and his or her deputy, the Director General and the directors of administration of the State Revenue Service, member of the National Electronic Mass Media Council, members of the Public Electronic Mass Media Council, members of the Council of Public Utilities Commission, members of the Council of the Financial and Capital Market Commission may not be the shareholders, stockholders, partners of such commercial company or such individual merchants who receive orders for public procurements, partnership procurements, procurements of public service providers or concessions, State financial resources or State-guaranteed credits, except for the cases where they are granted as a result of an open competition.

(11) The directors of State authorities and their deputies not referred to in Paragraph one of this Section may not be shareholders, stockholders, partners of such commercial company or such individual merchants who receive orders for public procurements, partnership procurements, procurements of public service providers, concessions or financial resources, except for the cases where they are granted as a result of an open competition.

(12) The prohibition referred to in Paragraphs one and 1.1 of this Section shall also apply to relatives of the relevant public officials, if the public official is implementing subordination over an authority which takes the relevant decision, or if the public procurement, partnership procurement, procurement of public service providers, concession or financial resources are received from the authority which employs the public official, except for the cases where they are granted as a result of an open competition.

(2) The relevant public officials and their relatives must comply with the provisions laid down in Paragraphs one, 1.1 and 1.2 of this Section also for two years after the public officials have ceased to perform the duties of the relevant office of the public official.

(3) A member of the board or council of a capital company of a public person and a member of the board of such capital company in which the share of capital companies of public persons in the equity capital separately or together exceeds 50 per cent or in which one public person has or several public persons have another decisive influence in accordance with the Group of Companies Law, and also such member of the council of such capital company who represents the interests of the capital company of a public person, shall not be a shareholder, stockholder, partner of such commercial company or such individual merchant who receives orders for public procurements, partnership procurements, procurements of public service providers, concessions or financial resources, except the cases where they are granted as a result of an open competition.

(4) Chairpersons of local government councils, their deputies and councillors, executive directors of local governments and their deputies, and also the directors of the rural territory or town administration in the municipality local governments, shall not be the shareholders, stockholders, partners of such commercial company or such individual merchants who receive orders for public procurements, partnership procurements, procurements of public service providers or concessions, financial resources or local government guaranteed credits or privatisation fund resources, except for the cases where they are granted as a result of an open competition.

(41) The directors of local government institutions and their deputies shall not be the shareholders, stockholders, partners of such commercial company or such individual merchants who receive orders for public procurements, partnership procurements, procurements of public service providers or concessions or financial resources, except for the cases where they are granted as a result of an open competition.

(5) Chairpersons of 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 local governments shall follow the provisions of Paragraph four of this Section also two years after they have ceased to perform the duties of office of the relevant public official.

(6) The exceptions referred to in Paragraphs one, 1.1, 1.2, three, and four of this Section are not permissible if the public official manages an authority of a public person, which has announced an open competition, or if this official has appointed to the office any of the members of the procurement commission or of the members of the concession procedure commission, or if any of the persons referred to in Section 4, Paragraph one, Clause 24 of this Law is under his or her direct or indirect subordination.

(61) The exception specified in Paragraphs one and 1.2 of this Section do not apply to members of the National Electronic Mass Media Council and 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, for two years after he or she has taken a decision or participated in taking of a decision to grant a public procurement, a partnership procurement, a procurement of public service providers or a concession, to grant financial resources to a public person, or has performed monitoring, control, investigatory, or punitive functions, or has administered insolvency proceedings, is prohibited to obtain the property of such merchant and also to become a shareholder, stockholder, partner of such commercial company or to hold offices in such commercial company, in relation to which during performing his or her duties this public official has taken a decision or participated in taking of a decision to grant a public procurement, a partnership procurement, a procurement of public service providers or a concession, to grant financial resources to a public person, 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]

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 the 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.

(3) A person who, prior to assuming the office of the public official, has been a member of the supervisory, executive or control body of a commercial company, is prohibited, for two years after he or she has become a public official and ceased employment or other relationship governed by civil law with the commercial company, to issue administrative acts which affect the activities of the relevant commercial company.

(4) The restriction on the issue of administrative acts laid down in Paragraph three of this Section shall not apply to such public officials who, before assuming the office of a public official, have been members of the supervisory, executive body or control body of a commercial company in which the share of a public person in the equity capital separately or together exceeds 50 per cent or in which the public person has another decisive influence in accordance with the Group of Companies Law.

(5) The restrictions on the issue of administrative acts laid down in this Section do not apply to members of the Saeima and the Cabinet in cases when the abovementioned public officials participate in the issue of the relevant Saeima or Cabinet administrative acts.

(6) The restrictions laid down in Paragraphs one and two of this Section shall not apply to:

1) the President, members of the Saeima, members of the Cabinet or local government council councillors in cases where the abovementioned public officials participate in the adoption of external laws and regulations or political decisions;

2) members of the Saeima, members of the Cabinet or local government council councillors in cases where the abovementioned public officials participate in the adoption of the decisions of the Saeima, Cabinet, or local government council respectively on the specification of their own remuneration or the appointment, election, or approval of themselves to office.

[7 June 2007; 30 October 2014; 21 January 2021]

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 to influence 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 on which shall influence or may influence the personal or financial interests of the official, his or her relatives or counterparties;

3) those natural or legal persons from whom the official or his or her relatives obtain any type of income;

4) such commercial company the shareholder, stockholder, partner or the member of supervisory, control or executive body of which the official is or his or her relatives are, and also with respect to an individual merchant who is a public official himself or herself or his or her relatives.

[21 January 2021]

Section 13. General Restrictions on Accepting Gifts

(1) A public official in fulfilling the duties of office is permitted to accept gifts in the cases referred to in Section 13.1, Paragraph one of this Law. In the performance of duties external of the office the public official is permitted to accept gifts taking into account the restrictions laid down in Section 13.2 of this Law.

(2) Within the meaning of this Law, a gift is any financial or other kind of benefits (including services, granting and transfer of rights, release from obligations, waiver of a right, 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 laws and regulations;

4) any benefits and guarantees which the public official, in fulfilling his or her duties of office, is ensured in accordance with the procedures laid down in laws and regulations by an authority of a public person in which the relevant person fulfils the duties of office;

5) services and various types of discounts, which are offered by commercial companies, individual merchants, and also farms and fishery enterprises and which are publicly accessible;

6) services and discounts which are offered by commercial companies, individual merchants, and also farms and fishery enterprises and which are specially intended for the soldiers of professional service of the National Armed Forces and national guards.

[7 June 2007; 14 June 2012; 30 October 2014; 9 June 2016; 1 February 2018]

Section 13.1 Special Restrictions on Accepting Gifts while Fulfilling the Duties of a Public Official

(1) The President, the Chairperson of the Saeima, the Prime Minister and the Minister for Foreign Affairs, upon fulfilling the duties of the office, 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 states, chairpersons of parliaments, heads of governments, or ministers for foreign affairs exchange upon prior co-ordination in accordance with the procedures provided for in the diplomatic protocol.

(2) A public official, upon fulfilling the duties of the office, is permitted to accept also gifts which are presented:

1) within the framework of State, official and working visits in Latvia or abroad;

2) by officials of foreign states or international organisations to the public officials working in diplomatic and consular missions of the Republic of Latvia;

3) to a public official as a representative of an authority of a public person on public holidays and on days of commemoration and celebration;

4) to a public official by an authority of a public person in which the relevant person fulfils the duties of the office.

(3) A public official while he or she is the representative of the holder of capital shares of a public person in a capital company, and also two years after the end of the fulfilment of such duties is prohibited from receiving gifts from the relevant capital company and members of the managing body thereof.

(4) Diplomatic gifts and such gifts, which are accepted in the cases referred to in Paragraph two, Clause 1, 2, or 3 of this Section, are the property of the authority of a public person.

(5) The Cabinet shall determine the procedures by which the diplomatic gifts and the gifts referred to in Paragraph two of this Section, which in accordance with this Law are the property of the authority of a public person, shall be registered, evaluated, used, and redeemed.

[14 June 2012; 30 October 2014]

Section 13.2 Special Restrictions on Accepting Gifts External to the Fulfilment of the Duties of a Public Official

(1) A public official is prohibited from accepting gifts outside the performance of the duties of office if in relation to the donor the public official has, within two years prior to receipt of the gift, prepared or issued an administrative act or performed supervision, control, investigatory, or punitive functions, or has administered insolvency proceedings, and also entered into contracts or performed other activities associated with the performance of the duties of office.

(2) If a public official has accepted gifts from natural or legal persons outside the performance of the duties of office, he or she is not entitled to prepare or issue an administrative act or perform supervision, control, investigatory, or punitive functions, or to administer insolvency proceedings, and also enter into contracts or perform other activities associated with the performance of the duties of office in relation to the donor for the time period of two years after acceptance of the gift.

[7 June 2007; 10 September 2015; 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 person, 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 person 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 person 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, the Financial and Capital Market Commission, the Public Utilities Commission, the State Revenue Service, the Financial Intelligence Unit, a State security institution, an investigative 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 person or in relation thereto, has received financial resources or guaranteed credits, except for cases when:

a) the transaction has been performed or financial resources and credits have been granted as a result of an open tender;

b) the transaction has been performed for a service which is intended in the price list of paid services of the relevant authority of a public person;

c) the transaction has been performed for the allocation of the donation;

2) regarding whom the relevant authority of a public person (its official), within two years prior to 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 person other legal relationships exist due to which a conflict of interest might arise for the public official who decides on acceptance of the donation.

(5) Prior to acceptance of a donation, a public official or collegial authority shall assess whether an 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 person 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 person in laws and regulations.

(6) Prior to acceptance of a donation, a written permit of a higher official or collegial authority shall be required.

(7) It is prohibited for the authority of a public person to perform legal transactions in relation to the donor for two years after acceptance of the donation, except for cases 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 tender or when the authority of a public person has an obligation to perform such transaction in accordance with laws and regulations.

(8) Upon accepting a donation in foreign states, 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 person in foreign states in order to promote the export, economic, or cultural development of Latvia, the cooperation of Latvia with the Latvian diaspora in foreign states, 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 performed by the donor in a calendar year to the relevant authority of a public person does not exceed the amount of three minimum monthly salaries.

(10) 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 decision to accept a donation for the implementation of the objectives of public importance is taken by the Cabinet. In order to ensure that acceptance of a donation does not affect the objectivity and neutrality of the relevant authority of a public person 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 person which performs supervision and control of the use of the donation received.

(11) The authority of a public person or its higher authority, if the authority of a public person 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 publishing it. The provisions of this Paragraph in relation to the publishing of information regarding donations on the website shall not apply to the case referred to in Paragraph nine of this Section.

[21 January 2021]

Section 15. Prohibition to be a Representative

(1) A public official may not be a representative of an authority of a public person:

1) if this official or his or her relatives are financially or otherwise personally interested in the matter to be examined or also if the interests of the official or his or her relatives are in conflict with the interests of the State or local government authority which the official represents;

2) in relations with such natural or legal persons from whom the official or his or her relatives obtain any type of income;

3) in relations with the counterparties;

4) in relations with such commercial companies the shareholder, stockholder, partner, or member of supervisory, control, or executive body of which the public official is or his or her relatives are, and also in relations with individual merchants who themselves are public officials or their relatives;

5) and represent the interests of the authority of a public person 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, partner therein or has held offices therein.

(2) A public official shall not be a representative of the holder of capital shares of a public person, except for the cases provided for by the Law on Governance of Capital Shares of a Public Person and Capital Companies.

[30 October 2014; 21 January 2021]

Section 16. Prohibition to Receive Supplementary Payments

(1) A public official who, in performing the duties of office of a public official, must provide free services or take decisions, is prohibited from accepting payments for the performance of such duties.

(2) A public official who, in performing the duties of office of a public official, must provide services or take a decision for a fee set a public person, is prohibited from accepting a supplementary payment for the performance of such duties.

(3) Within the meaning of this Law payment is:

1) the transfer without compensation of property, including financial resources, to the relevant public official or his or her relatives;

2) the transfer of property without payment or for reduced payment for the use of the relevant public official or his or her relatives;

3) the provision of services without payment or for reduced payment to the relevant public official or his or her relatives.

[8 May 2003; 30 October 2014]

Section 17. Restrictions on Advertising

(1) A public official is prohibited from using his or her name for advertising, except for the cases where such is included in the duties of office of the public official.

(2) Within the meaning of this Law, advertising is the public expression of any kind of personal evaluation of a public official regarding a specific merchant or the goods produced or services provided by the merchant, if the official has received remuneration for such expression.

[9 June 2016]

Section 18. Restriction to Act with the Property of an Authority of a Public Person

(1) A public official may perform the activities referred to in Section 4, Paragraph two, Clause 3 of this Law, and also use the property or financial resources of an authority of a public person only for the purposes provided for in external laws and regulations and in accordance with the procedures laid down in laws and regulations.

(2) [21 May 2015]

[8 May 2003; 26 March 2009; 30 October 2014; 21 May 2015]

Section 19. Prohibition to Use Information

It is prohibited to unlawfully disclose the information accessible to the public official in connection with the performance of the duties of office of the public official or utilise such information for purposes not related to the performance of the duties of office of the public official or fulfilment of specific terms of reference.

Chapter III
Obligations and Rights of the Head of an Authority of a Public Person and the Public Official in Prevention of Conflict of Interest

[28 April 2011; 30 October 2014]

Section 20. Obligations of the Head of an Authority of a Public Person

(1) The head of an authority of a public person has an obligation, in conformity with his or her competence, not to allow the public officials working in such authority to be in a conflict of interest situation and in such situation implement the powers of office of the public official.

(2) The head of an authority of a public person has an obligation to transfer by a written order the performance of any function or task to another public official if the public official who should perform the specified function or task in conformity with the duties of office is in a conflict of interest situation. If the public official referred to in Section 4, Paragraph one, Clause 26 of this Law is in a conflict of interest situation, then the provisions of the Insolvency Law and the Civil Procedure Law regarding removal of the administrator from legal protection proceedings, insolvency proceedings of a natural person, and insolvency proceedings of a legal person shall be applicable upon application of the Insolvency Administration or the administrator.

(3) In the cases provided for and in accordance with the procedures provided for in this Law, the head of an authority of a public person has an obligation to decide upon the issue regarding the possible combining of office of the public official with another office, in the performance of a work-performance contract or authorisation.

(4) [8 May 2003]

(5) The head of an authority of a public person or his or her authorised person has an obligation to ensure, in accordance with the procedures laid down in this Law and in Cabinet regulations, the drawing up of lists of public officials and amendments thereto and submission thereof electronically within 15 days to the State Revenue Service through the Electronic Declaration System of the State Revenue Service.

(51) With respect to the public officials referred to in Section 4, Paragraph one, Clause 2 of this Law, the submission of the list of such public officials and amendments thereto shall be ensured by the Secretary General of the Saeima Administration. With respect to the public officials referred to in Section 4, Paragraph one, Clause 26 of this Law, the submission of the lists of such public officials and amendments thereto shall be ensured by the Director of the Insolvency Administration. With respect to the public officials referred to in Section 4, Paragraph three of this Law, the submission of the lists of such public officials and amendments thereto shall be ensured by the head of such State or local government authority, which has delegated the relevant functions, granted financial resources, transferred property or which is responsible for fulfilment of the delegated functions or the use of the financial resources.

(52) The head of the authority of a public person 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 person has an obligation to inform without delay the Corruption Prevention and Combating Bureau or in the cases determined in this Law - the Director of the Constitution Protection Bureau - 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 person, a person to whom the head of an authority has entrusted fulfilment of duties related to the prevention of a conflict of interest and corruption in the relevant authority, or a collegial authority are prohibited from disclosure of information, which has become known thereto, concerning which public official or employee of the relevant authority of a public person has informed regarding conflict of interest, and from causing any direct or indirect unfavourable consequences to such a person without any objective reason. The prohibition to disclose information shall not apply to the provision of information to the Corruption Prevention and Combating Bureau, the State Police, the Constitution Protection Bureau, the court, and the Office of the Prosecutor.

(8) The Cabinet shall issue regulations regarding the basic requirements for internal control system for the prevention of corruption and conflict of interest in authorities of a public person.

[8 May 2003; 15 December 2005; 12 November 2009; 28 April 2011; 30 October 2014; 10 September 2015; 9 June 2016; 21 January 2021]

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 regarding the following:

1) his or her financial or other personal interest and also financial or other personal interest of their relatives or counterparties regarding the performance of any action included in the duties of their office;

2) commercial companies the shareholder, stockholder, partner, member of a supervisory, control, or executive body of which the public official is or his or her relatives are, or on the fact that the public official himself or herself or his or her relative is an individual merchant who receives a public procurement, a partnership procurement, a procurement of public service providers or a concession of the respective authority of a public person or financial resources or a public person, or State or local government guaranteed credits, except for the cases where they are granted as a result of an open competition.

(2) A 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 person 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, including compensation, has been a shareholder, stockholder, partner therein or has held offices therein.

(3) A higher public official or collegial authority after receipt of the information referred to in Paragraphs one and two of this Section shall 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 person or his or her authorised person, provide information to him or her in writing which is necessary upon taking internal control measures for the prevention of the risk of corruption and of a conflict of interest.

(5) If a public official, upon performance of the duties of office, becomes aware of information regarding situations of a conflict of interest or possible cases of corruption, he or she shall inform the head of the authority of a public person, the Corruption Prevention and Combating Bureau, or the Prosecutor General. If a public official working in a State security authority, upon performance of the duties of office, becomes aware of information regarding situations of a conflict of interest, 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]

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 the duties of office or the combining the office of the public official in all cases where due to ethical reasons the impartiality and neutrality of his or her actions might be doubted.

Chapter IV
Declarations of Public Officials

Section 23. Procedures for Submission of Declarations

(1) A public official has an obligation to submit the following declarations of a public official within the time period determined and in accordance with the procedures determined:

1) a declaration to be submitted upon assuming the office;

2) a declaration for the current year;

3) a declaration to be submitted upon ending the duties of office;

4) a declaration to be submitted after the performance of duties of office has been terminated.

(2) Public officials, with the exception of the public officials referred to in Paragraphs three and four of this Section, shall submit declarations to the State Revenue Service in electronic form through the Electronic Declaration System of the State Revenue Service.

(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 authorities, except for the Director of the Constitution Protection Bureau, shall submit declarations 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.

(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) In the declaration 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;

2) his or her office as a public official;

3) information on other offices that the public official holds in addition to the office as a public official, and also on the work-performance contracts or authorisations which he or she performs or in which he or she performs specified obligations;

4) information on the immovable property in his or her ownership, possession, usage (also on the properties rented from other persons), also on such immovable property as in his or her possession in connection with guardianship or trusteeship;

5) information on the fact that the public official is an individual merchant, on commercial companies the shareholder, stockholder or partner of which he or she is, 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 attaching the right to acquire or alienate transferable securities or which providing for the settlement of accounts with money;

c) investments certificates of investment funds and other transferable securities certifying participation in investment funds or joint investment companies considered as equivalent thereto;

d) money market instruments;

6) information on means of transport to be registered and owned by the public official, and also on such means of transport which are under his or her possession, usage or which have been acquired by him or her on the basis of a leasing contract;

7) information on cash or non-cash savings if their amount exceeds twenty minimum monthly salaries;

8) information on all kinds of income obtained during the reporting period;

9) information on transactions performed by him or her if their amount exceeds twenty minimum monthly salaries, by specifying the amount of such transactions and the parties to the transactions;

91) information on the fact that he or she is the beneficial owner within the meaning of the Law on the Prevention of Money Laundering and Terrorism Financing:

a) from an object belonging to or transferred into possession of another person or a part thereof;

b) from capital shares, stocks and other financial instruments referred to in Paragraph one, Clause 5.1 of this Section, belonging to another person or being managed by another person;

10) information on his or her debts the amount of which exceeds twenty minimum monthly salaries, by specifying the amount of such debt and the debtor or creditor respectively;

11) information on loans given (amount thereof) if the total amount of such loans exceeds twenty minimum monthly salaries;

12) information on whether he or she has accumulated resources in private pension funds or life insurance (with the accumulation of funds);

13) information on whether he or she has accumulated resources in private pension funds or life insurance (with the accumulation of funds):

a) information on an object not referred to in Clause 4, 5, 6, 7, or 12 of this Paragraph or an aggregate of objects, the value of which in his or her opinion exceeds 20 minimum monthly salaries;

b) information the purpose of which is to explain the interests related to the information declared or to indicate other circumstances which may cause his or her financial or other personal interest in the carrying out of an activity that is a part of official duties.

(11) In a declaration, when providing information related to the professional activity of the lawyer, a public official who at the same time is a lawyer shall:

1) provide information on other offices which he or she holds in addition to the office of the public official, and also regarding work-performance contracts or authorisations which he or she fulfils or where he or she fulfils the laid down obligations (Paragraph one, Clause 3 of this Section) by indicating only the information on the performance of professional duties of the lawyer, and by indicating it as other office which he or she fulfils in addition to the office of the public official;

2) provide information on income of all types earned during the reporting period (Paragraph one, Clause 8 of this Section) from professional activity of the lawyer by indicating the total amount of income earned but not identifying the sources of income - natural or legal persons;

3) not indicate the information regarding the transactions performed by him or her within the framework of professional activity of the lawyer (Paragraph one, Clause 9 of this Section).

(2) The information determined in Paragraph one of this Section shall be determined in the declaration both with respect to Latvia and foreign states.

(21) The State Revenue Service shall ensure in the Electronic Declaration System that a declaration submitter has access to the information present in the State information systems that is necessary for filling in of the particular declaration. A public official shall verify and, if necessary, update and supplement such information. The Cabinet shall 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 completion, submission, registration, and keeping thereof.

(4) A declaration submitter shall confirm with the signature the completeness and veracity of the information provided in the declaration and shall indicate the date of submitting the declaration. Declarations which have been submitted through the Electronic Declaration System of the State Revenue Service, shall be in legal effect also if they do not contain the detail "signature". If the declaration is submitted through the Electronic Declaration System of the State Revenue Service, the submitter of the declaration shall confirm that the information indicated in the declaration is complete and true.

[30 September 2010; 30 January 2014; 9 June 2016; 1 February 2018; 21 January 2021]

Section 25. Time Periods for the Submission of Declarations

(1) A person, upon assuming the office, shall submit the declaration referred to in Section 23, Paragraph one, Clause 1 of this Law within one month from the day when the decision on his or her the appointment was taken, election or approval in the office of the public official or from the day the term of office of members of the Saeima or the councillors of local government city councils has begun in accordance with law. A person to whom on the basis of Section 4 of this Law the status of a public official has been determined after the decision on his or her appointment, election or approval in office has been taken shall submit the declaration referred to in Section 23, Paragraph one, Clause 1 of this Law within one month from the day when he or she has been included in the list of public officials. A public official referred to in Section 4, Paragraph five of this Law shall submit the declaration referred to in Section 23, Paragraph one, Clause 1 of this Law if he or she is fulfilling the relevant duties of office for more than one month.

(2) Each year from 15 February until 1 April a public official shall submit the declaration referred to in Section 23, Paragraph one, Clause 2 of this Law.

(3) If a person has held the office of a public official for more than three months, he or she, upon ending the duties of office of the public official, shall submit the declaration referred to in Section 23, Paragraph one, Clause 3 of this Law within two months after the last day of the performance of the duties of the office.

(4) The declarations of 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 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 of the local government councils and executive directors of local governments shall submit the declaration referred to in Section 23, Paragraph one, Clause 4 of this Law if they have performed the duties of the relevant office longer than three months. Such declaration shall be submitted for the 24 months following the termination of performance of the duties of office of public official. The declaration for the first 12 months shall be submitted not later than in the 15th month, for the next 12 months - not later than in the 27th month after termination of performance of the duties of office of public official.

(6) The declarations referred to in Section 23, Paragraph one of this Law may be updated by applying in writing to the authority where the declaration was submitted and by justifying the updates not later than within one month after publication of the declaration part to be published in accordance with the procedures laid down in Section 26, Paragraph six of this Law. A submitter of the declaration shall be obliged to update the declaration within one month after a ruling has entered into effect in administrative offence proceedings or criminal proceedings by which the person has been punished for the indication of false information in the declaration of a public official.

[15 December 2005; 26 March 2009; 30 September 2010; 9 June 2016; 21 January 2021 / Amendment regarding the supplementation of Paragraph six with a sentence shall come into force on 1 July 2021. See Paragraph 30 of Transitional Provisions]

Section 26. Public Access to Declarations

(1) In order to ensure the protection of personal data, the declarations shall contain a part that is publicly accessible and a part that is not publicly accessible. The public official or the head of the authority which verifies declarations in accordance with this Law, and also the head of the authority of a public person who has received a copy of the relevant declaration shall be responsible for ensuring public access.

(2) The publicly accessible part of the declaration shall be all the information included in the declaration, except for the information that is determined in Paragraph four of this Section.

(3) Within the meaning of this Law, public access is the right of the employees of mass media and other persons to become acquainted with the declarations of any public official, and also to publish the information included therein.

(4) The publicly inaccessible part of the declaration shall be the following information indicated in the declaration:

1) personal identity number and place of residence of a public official;

2) information on minor relatives of a public official;

3) information on the liability and counterparties indicated in the declaration;

4) information indicated in Section 24, Paragraph one, Clause 13, Sub-clause "a" of this Law;

5) position held by a public official as a national guardsman, and also income gained by the public official while performing service in the National Guard or the Unit of Regular Forces of the National Armed Forces in accordance with the contract on the 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, investigative institutions, State security authorities, and the Financial Intelligence Unit - may become acquainted with the information in the publicly inaccessible part of the declaration.

(51) The head of an authority of a public person has the right to request from a public official information which is to be indicated in the part of a declaration that is not publicly accessible, if in particular case it is necessary in order to avoid the relevant public official from being in a situation of a conflict of interest.

(6) The publicly releasable data indicated in the declarations of the President, members of the Saeima, Prime Minister, Deputy Prime Minister, Ministers, Ministers for Special Assignments, Parliamentary Secretaries, and councillors of 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 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 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 regarding 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, 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, have an obligation in the cases provided for in this Law to verify whether the declaration:

1) has been submitted and completed in accordance with the determined procedures;

2) has been submitted within the specified time period.

(11) [8 May 2003]

(12) The State Revenue Service shall compare the information indicated in the declaration with the information at its disposal.

(2) The Constitution Protection Bureau and the Prime Minister or his or her authorised person, in conformity with the jurisdiction of the submission of declarations provided for in Section 23, Paragraphs three and four of this Law, and also the Corruption Prevention and Combating Bureau according to the competence specified in Section 27, Paragraph three of this Law, has an obligation to verify whether the declaration contains information that is indicative of violation of the restrictions laid down in this Law.

(3) The State Revenue Service and the Constitution Protection Bureau has an obligation to verify whether:

1) the head of an authority of a public person has submitted the lists of public officials within the specified time period and in accordance with the procedures stipulated by the Cabinet;

2) the lists of public officials submitted by the head of an authority of a public person have been completed correctly and are complete.

(4) If necessary, in the course of the verification of a declaration the Corruption Prevention and Combating Bureau, the Constitution Protection Bureau, the State Revenue Service, or the Prime Minister has the right to request and receive information and documents from the relevant public official, authorities of a public person, merchants, public or political organisations and associations thereof, religious organisations or other authorities, and also from the persons that are indicated or in accordance with the provisions of this Law should have been indicated in the relevant declaration.

(5) If in the course of the verification of a declaration facts are discovered that indicate that the public official has used property, including financial resources, exceeding the sources of income determined in the declaration of such public official and permitted in accordance with this Law, 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 an obligation to perform verification of the relevant facts or information. Within the limits of verification the Corruption Prevention and Combating Bureau, the Constitution Protection Bureau, or the Prime Minister has the right, if necessary, to request and receive explanations in writing and documents from any person, and also to verify the legality of acquisition of the property of the official by involving the State Revenue Service.

(6) If in the course of the verification of a declaration violations are discovered, the examination of which is not in the competence of the authority or public officials performing the verification, or if facts are discovered the evaluation of which is not in the competence of the authority or public officials performing the verification, or if information is received on the existence of such facts, the relevant authority or public official shall inform, in accordance with the procedures laid down in this Law and other laws and regulations, the authority or public official whose competence includes further examination or verification of the facts.

[8 May 2003; 30 October 2014; 1 February 2018; 21 January 2021]

Section 29. Obligations of Public Officials in the Verification of Declarations, Facts and Violations

(1) A public official has an obligation to provide and justify the information requested by an authority or a public official authorised by law.

(2) A public official has an obligation to justify the fact that his or her expenses have been covered and financial status has improved from legal sources of income to the authority or public official authorised by law.

(3) If a public official does not provide the information required by the authority or the public official authorised by law on the sources of acquisition of property, including financial resources, or cannot justify the acquisition of income or financial benefit from a legal source, it shall be presumed that the public official has acquired the property prohibited by this Law, including financial resources, and he or she is hiding this fact from the State.

[8 May 2003]

Section 30. Liability of Public Officials and Other Persons

(1) A person shall be held liable for violations of this Law as laid down in laws. A public official has an obligation to compensate the caused losses in accordance with the provisions of this Section.

(2) Income and financial benefits obtained by violating the restrictions laid down in this Law or a proportional augmentation thereof shall accrue to the State, by presuming that by violating the restrictions determined by the State and illegally obtaining income or financial benefits, the public official has caused such harm to the State administrative order as is to be evaluated in financial terms and is proportional to the value of augmentation of income, financial benefits and property that are obtained in a prohibited way.

(21) Paragraph two of this Law shall not be applied in cases if the combination of offices is permitted, upon receipt of written permit from the officials (authorities), but the permit has not been requested by the public official and such combination of offices has not created a conflict of interest. In other cases, the public official shall be fully or partially released from such repayment of income or financial benefits, which have been acquired by violation of the restriction laid down in this Law if the obligation to repay income and financial benefits is not proportionate to the harm caused as a result of the administrative violation to the procedures of State administration.

(3) If a public official does not voluntarily compensate the losses caused to the State, the State authority or the public official authorised by law has an obligation to perform the actions necessary to claim compensation for the losses caused in accordance with the procedures laid down in law.

(4) Compensation for losses shall be requested in accordance with the Administrative Procedure Law, by issuing an administrative act regarding the compensation of losses caused and by performing activities provided for in laws and regulations for the execution of an administrative act. The execution shall be ensured through the bailiff.

(5) The recovery of losses from the public official shall take place regardless of whether the public official is subject to administrative or criminal liability for violating the provisions of this Law.

[7 June 2007; 13 November 2008; 27 May 2010; 28 April 2011 / See Paragraph 17 of Transitional Provisions]

Section 31. Informing of the Society of a Violation

(1) The Corruption Prevention and Combating Bureau and the State Revenue Service, in compliance with the competence specified in this Law and other laws and regulations, have the obligation to inform the society of violations of this Law detected 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 position held by a public official;

2) the legal norm of this Law which has been violated;

3) the nature of the violation and time of commitment thereof;

4) the decision (ruling) taken;

5) the date of entering into effect of the decision (ruling) and of execution thereof.

(5) The authorities referred to in Paragraphs one, two, and three of this Section shall 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 time period 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 executed.

(6) The provisions referred to in Paragraph one of this Section shall not apply to violations committed by officials of the State security institutions and other public officials to whom the restrictions of disclosure of information provided for in the law On Official Secret apply.

[14 June 2012; 20 December 2012; 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 non-submission of the declaration of a public official within the specified time period, 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 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 person which exceed 20 minimum monthly wages, or for 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 determining a prohibition of exercising the rights of a public official for up to two years.

(3) For non-submission of the lists of public officials specified in this Law and amendments thereto according to the specified procedures, and also for submission of such incomplete lists, a fine from fourteen to forty-two units of fine shall be imposed on the head of the authority of a public person.

(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 determining a prohibition of exercising the rights of a public official for up to two years.

(5) For the non-performance 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 determining a prohibition of exercising 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 in accordance with the procedures and time periods determined in laws the functions shall be transferred to the Corruption Prevention and Combating Bureau.

2.1 The State Revenue Service shall continue and finish verification of such information indicated in the 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 commenced the fulfilment of its functions in full measure.

[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 an obligation to fulfil the provisions of Section 8, Paragraph one of this Law within one month.

4. The terms "merchant", "individual merchant", "commercial company", and "capital company" in this Law shall mean also an undertaking and company, and the term "commercial activities" - also entrepreneurial activities within the meaning of the law On Entrepreneurial Activities.

5. Until the day of coming into force of the law on state and local government capital shares and capital companies the term "representative of the holder of the State or local government capital shares" shall mean an authorised person in State or local government incorporated companies.

6. The Cabinet shall issue the regulations provided for in this Law by 1 August 2002. Until the day of coming into force of this Regulation, the following Cabinet regulations issued pursuant to the Corruption Prevention Law shall be applied insofar as they are not in conflict with this Law:

1) Cabinet Regulation No. 260 of 16 July 1996, Procedures for the Use and Redeeming of the Gifts Permitted to be Accepted by Public Officials During the Performance of Duties of Office;

2) Cabinet Regulation No. 80 of 2 March 1999, Procedures for the Completion Of Declarations of Public Officials to be Submitted Upon Assuming Office;

3) Cabinet Regulation No. 138 of 6 April 1999, Procedures for the Completion and Submission of Declarations of Public Officials and Their Relatives and Submission of Lists of Public Officials and Offices of Public Officials;

4) Cabinet Regulation No. 142 of 13 April 1999, Regulations Regarding the Officials of the State Police, Security Police, State Border Guard and State Fire-fighting and Rescue Service to whom the Restrictions for Combining of Office and Work Performance Apply;

5) Cabinet Regulation No. 161 of 4 May 1999, Regulations Regarding the Officials of National Armed Forces Active Military (Other Ranks) Service to whom the Restrictions for Combining of Office and Work Performance Apply;

6) Cabinet Regulation No. 231 of 29 June 1999, Regulations Regarding the Officials of State Civil Service to whom the Restrictions for Combining of Office and Work Performance Apply;

7) Cabinet Regulation No. 242 of 29 June 1999, Procedures by which Public Officials shall Use State Property.

7. Until the day of coming into force of binding regulations of local government councils (rural territory or municipality councils) referred to in Section 18, Paragraph one of this Law, but not longer than six months from the day of the coming into force of this Law, the laws and regulations of local government councils (rural territory or municipality councils) issued in accordance with the Corruption Prevention Law on actions with local government property, including financial resources, shall apply.

[8 May 2003]

8. The provisions of this Law in respect to sworn bailiffs shall come into force concurrently with the coming into force of the law on sworn bailiffs, but with respect to soldiers of professional service and military employees - concurrently with the coming into force of the law on military service.

9. Former authorised State representatives may take up the office of member (chairperson) of the council in the same incorporated company in which he or she previously fulfilled the duties of authorised State representative if the holder of capital shares has appointed him or her to such office and the criteria characterising conflict of interest situations included in Section 1, Clause 5 of this Law are not violated.

[8 May 2003]

10. The public officials referred to in Section 4, Paragraph one, Clauses 23 and 24, 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 restriction 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 Officials with Special Service Ranks Working in Institutions of the System of the Ministry of the Interior and the Prison Administration.

[14 September 2006]

12. A public official shall ensure the conformity with the requirements of Section 7, Paragraph twelve until 1 July 2009.

[26 March 2009]

13. Amendments regarding the new wording of Section 4, Paragraph one, Clause 14 of this Law, the supplementation of Section 7, Paragraph five in relation to restrictions on the combination of the statuses and offices of a public official for the head of a rural territory (or pagasts) or town administration, Section 10, Paragraph 1.1 of this Law and the respective amendment to Paragraph two of this Section, and also the amendments regarding the restatement of Paragraphs four and five of this Section and supplementing of the abovementioned Section with Paragraph 4.1 in relation to the restrictions of the commercial activity for certain officials of local governments and administrative territorial reform, shall come into force on 1 July 2009.

[26 March 2009]

14. The amendment to this Law regarding replacing the word "council (rural territory council)" (in the relevant number and case) in the entire Law with the word "council" (in the relevant number and case) shall come into force on 1 July 2009.

[26 March 2009]

15. The amendments to Section 10 of this Law referred to in Clause 13 of the Transitional Provisions of this Law shall not be applied to cases, when:

1) orders for procurement for State authority needs or financial resources were granted to an official referred to in Section 10, Paragraph 1.1 of this Law or his or her relative as an individual merchant or such commercial company, in which the referred to persons are shareholders, stockholders or members, until 1 July 2009 (Section 10, Paragraph 1.1 of this Law);

2) orders for procurement for local government needs, financial resources, local government guaranteed credits or privatisation fund resources for a deputy of the executive director of a local government as an individual merchant or for such commercial company, in which the relevant deputy of the executive director of a local government is shareholder, stockholder or member, were granted until 1 July 2009 (amendment to Section 10 of this Law regarding the restatement of Paragraph four);

3) orders for procurement for local government authority needs or financial resources for the head of the local government authority or his or her deputy as an individual merchant or for such commercial company, in which the head of the local government authority or his or her deputy is a shareholder, stockholder or member were granted until 1 July 2009 (Section 10, Paragraph 4.1 of this Law.

[26 March 2009]

16. The amendments to Section 10, Paragraphs two and five of this Law regarding restrictions to commercial activity referred to in Clause 13 of the Transitional Provisions of this Law shall only apply to the following:

1) chairpersons of municipality councils, their deputies, executive directors of municipality councils, deputies of executive directors of local governments who have ceased to fulfil their duties of office on 1 July 2009 or after that date;

2) heads of State authorities, their deputies and their relatives, if the head of the State authority or his or her deputy has ceased to fulfil his or her duties of office on 1 July 2009 or after that date.

[26 March 2009]

17. The new wording of the second sentence of Section 30, Paragraph one, and Section 30, Paragraph four of this Law regarding compensation for losses in accordance with the procedures laid down in the Administrative Procedure Law shall not apply to the cases when violations of this Law have been determined or recovery of losses has been commenced prior to the day of coming into force of the relevant norms.

[28 April 2011]

18. Until adoption of the Regulation referred to in Section 13.1, Paragraph five of this Law, but not later than until 1 December 2012 the Cabinet Regulation No. 888 of 28 October 2008, Procedures by Which the Gifts Accepted While Fulfilling the Duties of Office and Which Are the Property of the State or Local Government Authority Shall Be Registered, Evaluated, Utilised and Redeemed, shall be applied, insofar as it is not in contradiction with this Law.

[14 June 2012]

19. The restriction on accepting donations and taking decisions laid down in Section 14, Paragraphs two, three and four of this Law shall not apply to the cases when the Secretariat of the Latvian Presidency of the Council of the European Union takes a decision in relation to a donor who has given a donation to the Secretariat of the Latvian Presidency of the Council of the European Union for the purpose of supporting the preparation of Latvia for presidency in the Council of the European Union in 2015 or to ensure its course.

[30 January 2014]

20. Amendments to Section 24, Paragraph one and Section 26, Paragraph four of this Law shall come into force on 1 January 2015.

[30 January 2014]

21. If the Secretariat of the Latvian Presidency of the Council of the European Union has received financial resources, goods or services from a private individual for the purpose of preparation of Latvia for presidency in the Council of the European Union in 2015 or to ensure its course, then the possibility for the donor to take measures for the promotion of its identification, for example, placement of a trademark, logotype or other information, to the extent and according to the procedures provided for in the donation contract shall not be deemed remuneration within the meaning of Section 14, Paragraph one of this Law.

[13 February 2014]

22. Amendment to this Law, by which Section 4, Paragraph one is supplemented with Clause 26, shall come into force on 1 January 2016.

[30 October 2014; 21 May 2015 / The law Amendments to the law On Prevention of Conflict of Interest in Activities of Public Officials of 30 October 2014, by which Transitional Provisions are supplemented with Paragraph 22, insofar as it does not ensure guarantees of professional activity for administrators of insolvency proceedings who are also concurrently advocates, for preservation of the selected occupation, has been recognised as not corresponding to the first sentence of Section 106 of the Constitution of the Republic of Latvia by the Judgment of the Constitutional Court of 21 December 2015, which entered into effect on 23 December 2015.]

22.1 Amendments to this Law regarding supplementation of Section 10, Paragraph seven and Section 13.2, Paragraph one of this Law with the words "or has administered insolvency proceedings" after the words "functions", supplementation of Section 13.2, Paragraph two with the words "or to administer insolvency proceedings" after the words "functions", supplementation of Section 20, Paragraph two with the second sentence and supplementation of Paragraph 5.1 with a new second sentence, supplementation of Section 21, Paragraph two with the second sentence and supplementation of Section 26, Paragraph four with the second sentence shall come into force on 1 January 2016.

[10 September 2015]

22.2 For the public officials referred to in Section 4, Paragraph one, Clause 26 of this Law who are concurrently also advocates, the deadline for submitting a declaration of a public official, which is submitted upon assuming the office, (Section 25, Paragraph one) shall be counted from 1 September 2016.

[4 February 2016]

23. The persons referred to in Section 7, Paragraph 5.3 of this Law who at the time of coming into force of amendments regarding supplementation of Section 7 with Paragraph 5.3 hold another office in the respective capital company, may continue to hold the relevant office, if not later than by 1 April 2015 they meet the requirements referred to in Section 7, Paragraph 5.3, Clause 4 of this Law.

[30 October 2014]

24. Amendments to Section 10 of this Law which provide for restrictions on commercial activity to members of the council of the National Electronic Mass Media Council and their relatives do not apply to cases when the public procurement, partnership procurement, procurement of public services providers, concession or financial resources from the public electronic mass medium or electronic mass medium which implements a public order 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 supplementation thereof with the words "to the Chief of the Internal Security Office and his or her deputy" shall come into force on 1 November 2015.

[21 May 2015]

26. Amendments to this Law regarding supplementation of Section 4, Paragraph one with Clause 27 and supplementation of Section 7, Paragraph three with the words "the chairperson and members of the Industrial Property Board of Appeal" after the words "the head of the Office for Prevention of Laundering of Proceeds Derived from Criminal Activity and his or her deputy" shall come into force on 1 January 2016.

[10 September 2015]

27. The permits for combination of the offices for those members of the Board of the Liepāja Special Economic Zone which have been approved in the office by the Cabinet upon a delegation or recommendation of the Liepāja city council and in accordance with the Law on the Liepāja Special Economic Zone until 30 April 2016.

[9 June 2016]

28. The Cabinet shall issue the regulations provided for in Section 20, Paragraph eight of this Law until 1 March 2017.

[9 June 2016]

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 Section 25, Paragraph six 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 declarations published in the publishable database of the State Revenue Service.

[2 March 2023]

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 © 2023 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Par interešu konflikta novēršanu valsts amatpersonu darbībā Status:
In force
in force
Issuer: Saeima Type: law Adoption: 25.04.2002.Entry into force: 10.05.2002.Theme: Judiciary; Parliament; President; State institutions, public service; Cabinet of Ministers; Administratīvās atbildības ceļvedisPublication: Latvijas Vēstnesis, 69, 09.05.2002.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 11, 13.06.2002.
Language:
LVEN
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