Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
19 December 2002 [shall
come into force on 1 January 2003];
12 June 2003 [shall come into force on 17 July
2003];
10 June 2004 [shall come into force on 13 July
2004];
17 March 2005 [shall come into force on 15 April
2005];
8 June 2006 [shall come into force on 4 July 2006];
29 March 2007 [shall come into force on 1 May
2007];
20 December 2007 [shall come into force on 18 January
2008];
20 November 2008 [shall come into force on 1 January
2009];
12 December 2008 [shall come into force on 1 January
2009];
12 June 2009 [shall come into force on 1 July
2009];
18 June 2009 [shall come into force on 16 July
2009];
17 September 2009 [shall come into force 20 October
2009];
1 December 2009 [shall come into force on 1 January
2010];
11 March 2010 [shall come into force on 1 April
2010];
21 October 2010 [shall come into force on 1 January
2011];
13 December 2012 [shall come into force on 11 January
2013];
7 February 2013 [shall come into force 12 March
2013];
12 September 2013 [shall come into force on 15 October
2013];
12 September 2013 [shall come into force on 1 January
2014];
19 February 2015 [shall come into force on 24 March
2015];
3 December 2015 [shall come into force on 1 Jaunary
2016];
16 November 2017 [shall come into force on 13 December
2017];
7 March 2019 [shall come into force on 4 April
2019];
3 October 2019 [shall come into force on 1 November
2019];
5 November 2020 [shall come into force on 1 December
2020];
11 February 2021 [shall come into force on 9 March
2021];
9 September 2021 [shall come into force on 4 January
2022];
21 April 2022 [shall come into force on 17 May
2022];
5 April 2023 [shall come into force on 19 April
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:
Military Service Law
Chapter I
General Provisions
Section 1. Purpose of This Law
The purpose of this Law is to ensure a unified course of
military service in the National Armed Forces.
[29 March 2007]
Section 2. Terms Used in this
Law
The following terms are used in this Law:
1) military service - a type of State service in the
field of national defence that is performed by a soldier and that
includes active service and service in the National Armed Forces'
reserve;
2) active service - direct performance of military
service in the status of a soldier which includes professional
service, State defence military service, direct performance of
military service in case of mobilisation, and military training
of reserve soldiers;
21) service in the National Armed Forces'
reserve - performance of duties specified for a reserve
soldier;
3) [29 March 2007];
31) extended first aid - aid that a soldier,
while performing his or her service duties, provides to the
injured soldiers in a condition critical to their life using
equipment, medical materials, and medicinal products necessary
for the stabilisation of functions essential for life, for the
application of which he or she has acquired the relevant
knowledge and skills;
4) professional service - military service which is
performed by a Latvian citizen on a voluntary basis according to
a professional service contract entered into by him or her and
the Ministry of Defence;
5) soldier - a Latvian citizen who performs active
service and who has been awarded a military rank (hereinafter -
the rank);
6) status of a soldier - the legal condition of a
soldier while performing active service;
7) reserve soldier - a Latvian citizen who performs
service in the National Armed Forces' reserve;
71) reservist - a Latvian citizen who has
been included in the National Armed Forces' reserve and may be
conscripted for the active service in case of mobilisation;
8) [29 March 2007];
9) officer - a soldier who has a lieutenant's or higher
military rank;
10) specialist officer - an officer who has a higher
academic or second level higher vocational education in a
relevant speciality and who has completed the specialist officer
course at the National Defence Academy of Latvia or another
course equalled thereto;
101) specialist soldier - a soldier who has
vocational secondary education in the speciality necessary for
the position and who has acquired the specialist soldier basic
course or another course equalled thereto;
102) specialist non-commissioning officer -
a non-commissioning officer who has vocational secondary
education or higher education in the speciality necessary for the
position and who has acquired the specialist non-commissioning
officer basic course or another course equalled thereto;
11) [19 February 2015];
12) unit - a military formation which has an
independent administration and approved staff;
13) sub-unit - a military formation within a unit;
14) [21 April 2022];
15) identifying insignia - an item which is worn on the
uniform of a soldier and denotes the rank, identity, speciality,
and affiliation to a unit of the National Armed Forces;
16) circulation of soldier's uniform or identifying
insignia - ordering, manufacturing (production), acquisition,
or distribution of a soldier's uniform or an identifying
insignia;
17) soldier of the State defence service - a Latvian
citizen who performs the State defence military service and who
has been awarded a military rank.
[10 June 2004; 17 March 2005; 29 March 2007; 11 March 2010;
21 October 2010; 12 September 2013; 19 February 2015; 16 November
2017; 3 October 2019; 21 April 2022; 5 April 2023]
Section 3. Corps of Soldiers
(1) Soldiers (reserve soldiers) shall be divided into corps of
officers, non-commissioned officers, and soldiers.
(2) Corps of officers shall be divided into junior, senior and
higher officers.
(3) [12 June 2003]
(4) Corps of non-commissioned officers shall be divided into
junior, senior and higher non-commissioned officers.
[12 June 2003; 10 June 2004]
Section 4. Oath of a Soldier
(1) All soldiers shall take the following oath:
"I, a Latvian soldier, recognising my responsibility to my
nation and before the law, pledge and swear:
- my allegiance to the Republic of Latvia, its Constitution
and lawful government,
- to defend the State of Latvia and its independence not
sparing my strength, health and life,
- to conscientiously carry out the soldier's duties entrusted
to me,
- to comply unquestioningly with military discipline, always
to fulfil the commands and orders of my superiors in accordance
with the laws of the Republic of Latvia."
(2) The procedures for taking the oath shall be determined by
the unit commander in accordance with the Rules of Procedure for
the Military Interior Service.
(3) Until taking the oath, a soldier may not be involved in
the performance of combat tasks, combat duty, and guard. A
soldier may only be sent to study or to perform other military
tasks abroad after taking of the oath of a soldier.
[5 November 2020 / See Paragraph 28 of Transitional
Provisions]
Section 5. Status of a Soldier
(1) A Latvian citizen shall acquire the status of a soldier
when commencing the performance of active service and shall lose
it when finishing the performance of active service.
(2) A soldier shall be issued with a soldier service
identification document. The Minister for Defence shall determine
the content of the soldier service identification document,
procedures for its issuance and use thereof.
(3) For a Latvian soldier who performs service duties in the
territory of another country, international agreements and other
laws and regulations according to the specific situation shall
determine the special nature of the status in the specific
country.
(4) A soldier who has been taken prisoner or who is interned
shall retain the status of a soldier. The Cabinet and the
superior military leadership shall take measures to liberate such
a soldier.
Section 6. Military Discipline
The Military Disciplinary Liability Law prescribes the
procedures for military discipline and ensuring thereof.
[5 November 2020 / See Paragraph 28 of Transitional
Provisions]
Chapter II
Obligations and Rights of Soldiers
Section 7. General Obligations of a
Soldier
(1) A soldier has an obligation to perform military service in
accordance with laws and regulations and the orders of the
commander (superior officer).
(2) A soldier shall unquestioningly fulfil the lawful orders
of the commander (superior officer).
Section 8. General Obligations of a
Commander (Superior Officer)
(1) A commander (superior officer) has an obligation to ensure
the preparedness of the subordinate unit (sub-unit), combat and
mobilisation readiness, successful performance of combat tasks,
combat training, conformity with the safety requirements,
personnel training and educating, discipline, conformity with the
relevant medical, social-legal standards and standards of
conduct, as well as the fulfilment of other requirements provided
for in laws and regulations.
(2) A commander (superior officer) has an obligation to ensure
the conformity with the rights of soldiers of the subordinate
unit (sub-unit).
(3) A commander (superior officer) has no right to give a
soldier orders and tasks that are not related to the performance
of military service duties or are unlawful.
Section 9. Performance of Military
Service
(1) The performance of military service is:
1) the performance of the duties specified in military rules
of procedure and other laws and regulations;
2) the fulfilment of an order of a commander (superior
officer);
3) other activities of soldiers in the interests of the public
and the State provided for in laws and regulations.
(2) [5 November 2020]
(3) The Rules of Procedure for the Military Interior Service
that determine the interrelations between soldiers, the general
obligations of soldiers and the obligations of officials, the
procedures for the performance of active service and internal
procedures of the units (sub-units), and Guard (Security Guard)
Rules of Procedure that determine guard (security guard)
organisation and performance of service, as well as other rules
of procedure that determine the performance of military service
shall be approved by the Minister for Defence.
[12 June 2003; 10 June 2004; 29 March 2007; 7 February
2013; 5 November 2020; 21 April 2022]
Section 10. General Rights of a
Soldier
(1) A soldier is under the protection of the State. His or her
life, freedom, honour, and dignity are protected by law.
(2) A soldier has the right to be a member of such
associations and foundations which do not have a political
nature, as well as to establish associations and foundations for
soldiers and participate in other non-political activities if
such activities do not interfere with the performance of service
duties.
(3) Soldiers have the right to nominate a representative in
each unit from amongst their number to protect the interests of
soldiers and to solve practical issues in relationships with the
unit commander (superior officer) and higher officials. The
representative of soldiers shall exercise his or her powers in
accordance with the procedures stipulated by the Minister for
Defence.
(4) A soldier has the right to appeal the decisions of
officials taken in respect of him or her to a court if such
decisions restrict his or her rights or infringe upon his or her
honour and dignity without grounds and if he or she has utilised
all means to dispute the decision according to the subordination
procedures to higher officials, including the Minister for
Defence.
(5) The procedures for submitting and examining service
complaints shall be specified in the Rules of Procedure for the
Military Interior Service.
[17 September 2009]
Section 11. Right of a Soldier to
Acquire Education
(1) A soldier may acquire education or improve qualification
in State and foreign educational institutions, as well as in
units of the National Armed Forces which implement adult
educational programmes.
(2) According to the procedures stipulated by the Minister for
Defence a soldier may be sent to study to a civil educational
institution if special education is required for the performance
of the duties of his or her position. Expenses related to the
training of the soldier shall be covered from budget funds
provided for such purpose. Prior to commencement of studies at
the civil educational institution the Minister for Defence or his
or her authorised commander (superior officer) shall enter into a
contract with the soldier where it shall be provided that after
graduation from the educational institution the soldier must
serve the time specified in the contract that is not less than
five years. A soldier who has been expelled from a civil
educational institution due to poor progress (except for the case
where the poor progress has been the result of health impairment
or another valid reason), his or her own free will, violations of
internal procedure regulations or enrolment regulations of the
educational institution shall repay the financial resources used
for training in accordance with the procedures stipulated by the
Cabinet.
(3) Upon his or her own initiative a professional service
soldier with the permission of the unit commander (superior
officer) may also study in civil educational institutions.
[17 September 2009; 19 February 2015]
Section 12. Right of Soldiers to
Employment
(1) A soldier is a defender of the State and he or she shall
exercise the right to employment by performing military
service.
(2) Norms of the laws and regulations governing employment
relationship shall not apply to a soldier, except for the norms
that determine a prohibition of different treatment, periods of
leaves that are not added to the time period which gives the
right to annual paid leave, and the rights of pregnant women and
women nursing a child and women in a postnatal period up to one
year, as well as the norms determining granting of prenatal and
maternity leave, granting of leave to the father, adopter of the
child or another person who is actually taking care of the child,
and granting and using parental leave, insofar as it is not in
contradiction with that laid down in this Law and the Law on
Remuneration of Officials and Employees of State and Local
Government Authorities.
(3) The length of a service day of a soldier shall depend on
the necessities of service. A detailed division of time for the
performance of service duties and rest and the conditions thereof
shall be provided for in the Rules of Procedure for the Military
Interior Service and orders issued on the basis thereof. A
commander (superior officer) shall grant a leave for a
soldier.
[29 March 2007; 1 December 2009; 19 February 2015; 16
November 2017]
Section 13. Right of Soldiers to
Employ a Service Firearm
(1) A soldier has the right to keep and carry a service
firearm in accordance with the procedures stipulated by the
Minister for Defence.
(2) During peacetime a soldier has the right to employ a
service firearm in the cases specified by and in accordance with
the procedures laid down in laws and military rules of
procedure.
(3) The employment of a firearm is shooting on purpose.
(4) While performing service duties a soldier is entitled to
employ a service firearm in situations of absolute emergency in
order to:
1) defend other persons and himself or herself from an attack
that actually endangers life or may do injury to health, and to
avert an attempt to violently obtain a service firearm;
2) free hostages;
3) repulse an attack on a person or facility to be guarded, or
free facilities occupied by armed persons;
4) arrest a person who is showing armed resistance or who is
surprised at the moment of committing a serious or especially
serious crime, or has escaped from a place of imprisonment, and
to arrest an armed person who refuses to fulfil a lawful
requirement to hand over a weapon or explosives;
5) stop a means of transport, causing damage to it, if through
his or her actions its driver poses an actual threat to the life
or health of persons to be guarded or other persons and does not
submit to a request by a soldier to stop the means of transport
and if there is no other possibility to arrest him or her;
6) render harmless an animal, which endangers human life and
health;
7) capture or destroy a remotely controlled unmanned
mechanical device which operates on the land or water and
violates the prohibition specified in laws and regulations to
enter a military site, is located in the vicinity of a warship or
causes substantiated threats to the persons or facilities the
security of which is performed by the Military Police in
accordance with the Law;
8) perform special operation.
(41) A soldier, while performing service duties, is
also entitled to employ a service firearm in the cases and in
accordance with the procedures laid down in the law On
Aviation.
(5) A soldier may utilise a service firearm in order to fire a
warning shot, to give a warning signal or to summon help.
(6) Before employment of a firearm a warning regarding intent
to do so must be given. If necessary, a warning shot may also be
fired.
(7) A service firearm may be employed without warning if:
1) an attack is sudden or in the attack weapons, military
equipment or any type of mechanical means of transport are
used;
2) such is necessary to free hostages;
3) such is necessary to perform special operation and is
justified by the concept of the operation.
(8) [16 November 2017]
(9) A soldier has the right to take out a service firearm and
prepare it for shooting if he or she believes that in the
specific situation its employment or utilisation is possible. If
the arrested person intentionally makes sudden movements or other
dangerous actions which the soldier may understand as attempted
violence, or attempts to approach the soldier closer than the
distance indicated by the soldier, the soldier has the right to
employ a service firearm in accordance with this Law.
(10) The employment and use of a service firearm must be
necessary and reasonable. In the case of the employment of a
service firearm, a soldier must provide the necessary first or
extended first aid to the injured person according to his or her
knowledge and skills. According to subordination procedures, a
soldier shall notify of every case of the employment of a service
firearm to the unit commander (superior officer) without delay
who in turn shall without delay notify the Military Police of the
events that have taken place and also the Office of the
Prosecutor if the accident has resulted in the loss of human
life.
(11) The provisions of Paragraphs one to ten of this Section
shall not apply to the performance of combat tasks in armed
conflict. While performing a combat task in an armed conflict a
soldier shall comply with the rules of international law
regarding the employment of weapons in such conflict.
[7 February 2013; 16 November 2017; 21 April 2022]
Section 14. Right of Soldiers to Use
Physical Force and Special Means
(1) A soldier while performing service duties is entitled to
use physical force, special fighting techniques, special means,
non-firearm weapons, special vehicles and other devices and
techniques in conformity with the threat and situation, as well
as service dogs, if such are necessary in order to:
1) repulse an attack on persons and facilities to be guarded,
soldiers or other persons who are performing duties of State
service or to free facilities occupied by armed persons;
2) free hostages;
3) control the persons if they do not submit or resist and to
stop intentionally wrongful resistance to lawful requests made by
a soldier while performing service duties, or if there are
grounds to believe that they may flee or cause damage to
bystanders or themselves;
4) capture or destroy a remotely controlled unmanned
mechanical device which operates on the land or water and
violates the prohibition specified in laws and regulations to
enter a military site, is located in the vicinity of a warship or
causes substantiated threats to the persons or facilities the
security of which is performed by the Military Police in
accordance with the Law;
5) perform special operation.
(11) A soldier, while performing service duties, is
also entitled to use special means in the cases and in accordance
with the procedures laid down in the law On Aviation.
(2) The type of special means and the intensity of use of
physical force and special means shall be determined by taking
into account the specific situation, the nature of the violation
and individual characteristics of the violator, maximally
restricting the harm done by such means.
(3) If there are injured persons as a result of the use of
physical force or special means, a soldier has a duty to provide
first or extended first aid to the injured persons without delay
according to his or her knowledge and skills and to notify the
unit commander (superior officer) thereof in accordance with
subordination procedures who in turn shall notify the Military
Police of the events that have taken place, but also the Office
of the Prosecutor if the accident has resulted in the loss of
human life. A soldier shall notify the immediate direct superior
officer of all cases of the use of physical force and special
means.
(4) The Cabinet shall determine the types of special means
which a soldier performing active service is entitled to use
during peacetime, as well as the procedures by which such special
means shall be possessed, carried, and used.
[7 February 2013; 12 September 2013; 16 November 2017; 21
April 2022]
Section 14.1 Right of a
Soldier to Provide Extended First Aid
(1) A soldier who has acquired an extended first aid training
course programme, while performing service duties, is entitled to
provide extended first aid using equipment, medical materials and
medicinal products included on the list approved by the
Cabinet.
(2) The Cabinet shall determine an extended first aid training
course programme for soldiers, the procedures by which the
training in provision of the extended first aid shall be ensured
and the procedures by which the training course acquired abroad
shall be recognised in the Republic of Latvia, as well as the
procedures for storage, use, record, and destruction of
equipment, medical materials and medicinal products intended for
the provision of the extended first aid.
(3) A soldier who has completed an internationally recognised
combat casualty care training programme recognised in accordance
with the procedures determined by the Cabinet is entitled to
provide extended first aid while performing service duties and
using extended first aid equipment, medical materials, and
medicinal products included in the list approved by the
Cabinet.
[11 March 2010; 11 February 2021]
Section 15. Prohibitions for
Soldiers
(1) Soldiers are prohibited from:
1) engaging in political activities, joining trade unions,
organising strikes and participating in them;
2) combining the performance of military service with another
position or work not permitted by law;
3) being a representative of another person in matters related
to a unit (institution) in which he or she holds a position;
4) taking part, personally or through the intermediation of
another person, in transactions, upon the entering into or the
fulfilment of which soldiers may unlawfully use their service
position or come into a conflict of interest.
(2) A soldier has no right to refuse to perform military
service on religious grounds, and to use his or her service
position to impose his or her religious conviction on others.
(3) A soldier's private property and its administration shall
not be an obstacle or impediment to the performance of military
service or to the transfer of the soldier from one unit to
another.
Chapter III
Recruitment of Unit Personnel
Section 16. Basic Principles of
Recruitment
(1) During peacetime units shall be recruited from Latvian
citizens who:
1) [29 March 2007];
2) are accepted into professional service;
3) [29 March 2007];
4) [7 February 2013];
5) are employed in civil positions provided for in the staff
list;
6) are employed in military employee positions;
7) are conscripted for the State defence military service.
(2) A Latvian citizen shall not be accepted into military
service:
1) if he or she has been punished for an intentional criminal
offence or disclosure of an official secret through negligence -
regardless of the extinguishment and setting aside of criminal
record, except for the case referred to in Paragraph
2.2 of this Section;
2) if he or she is a suspect or an accused in the criminal
proceedings;
3) if he or she has been sentenced for a criminal offence
referred to in Clause 1 of this Paragraph by releasing him or her
from the punishment, or the criminal proceedings against him or
her have been terminated for reasons other than exoneration,
except for the case referred to in Paragraph 2.2 of
this Section;
4) if he or she has been punished for committing a criminal
offence through negligence, except for the criminal offence
referred to in Clause 1 of this Paragraph, unless the criminal
record has been set aside or extinguished in accordance with the
procedures laid down by law;
5) if he or she is not fit for service due to state of
health;
6) if he or she is or has been a staff employee or a
supernumerary of the security service, intelligence or
counter-intelligence service of the U.S.S.R., Latvian S.S.R. or a
foreign country, or an agent, resident or safe-house keeper;
7) if he or she has been retired from military or another
State service for violations of discipline, except for the case
referred to in Paragraph 2.1 of this Section;
8) if the acceptance of him or her into service does not
correspond to the interests of national security in accordance
with the opinion of the Defence Intelligence and Security
Service.
(21) A commission established by the Minister for
Defence may, in accordance with the procedures stipulated by the
Cabinet, allow acceptance into military service of a citizen of
Latvia who has been retired from military or another State
service for violations of discipline, however, not earlier than
five years after the day of retirement.
(22) A commission established by the Minister for
Defence may allow acceptance into military service of a citizen
of Latvia referred to in Paragraph two, Clause 1 or 3 of this
Section if he or she has not committed an intentional serious or
especially serious crime and the record has been extinguished or
set aside, or if at least five years have passed from the ruling
on the termination of criminal proceedings for reasons other than
exoneration.
(23) The Cabinet shall determine the procedures by
which the commission established by the Minister for Defence
evaluates the issue on the provision of the authorisation
referred to in Paragraph 2.2 of this Section.
(3) The individual and statistical registration of soldiers
shall be carried out in accordance with the procedures stipulated
by the Minister for Defence.
(4) The active service of a soldier shall commence on the day
he or she has been included in the personnel of a unit and shall
terminate on the day he or she has been excluded from the
personnel of a unit.
[29 March 2007; 21 October 2010; 7 February 2013; 16
November 2017; 11 February 2021; 21 April 2022; 5 April
2023]
Section 17. Conscription for
Mandatory Active Military Service
[29 March 2007]
Section 17.1 Educating of
Youth in the Field of National Defence
(1) [5 November 2020 / See Paragraph 29 of Transitional
Provisions]
(2) Citizens of Latvia who acquire education in an accredited
institution of higher education or college and have joined the
National Guard of the Republic of Latvia (hereinafter - the
National Guard) may complete a special military training course
in accordance with the procedures stipulated by the Cabinet. A
compensation shall be paid to the persons who have completed this
course, as well as acquired higher education. The Cabinet shall
specify an amount of compensation, criteria for payment thereof,
and the payment procedures.
(3) [5 November 2020 / See Paragraph 29 of Transitional
Provisions]
(4) [5 November 2020 / See Paragraph 29 of Transitional
Provisions]
(5) [5 November 2020 / See Paragraph 29 of Transitional
Provisions]
(6) After attainment of 18 years of age, a youth guard and a
person who has completed the national defence programme and who
conforms to the requirements referred to in Section 16 of this
Law and the conditions specified for the service in reserve, may
voluntarily complete the training necessary for inclusion into
reserve. After the successful completion of the training, a youth
guard and a person who has completed the national defence
programme shall take the oath and he or she shall be included in
the National Armed Forces' reserve and awarded the rank of a
private. If a youth guard and a person who has completed the
national defence programme joins professional service, he or she
shall complete a basic training course of a soldier in accordance
with the procedures determined by the Minister for Defence.
(7) Young people can acquire the vocational secondary
education and the qualification of the junior military instructor
in the vocational secondary school (hereinafter - the secondary
school) subordinated to the Ministry of Defence.
(8) The inventory, uniform and identifying insignia of the
secondary school shall be issued to an educatee and also
professional service soldier, national guardsman or reserve
soldier who teaches vocational subjects, implements interest
education or leads extracurricular activities in accordance with
the procedures specified by the Minister for Defence. The sample
uniform, identifying insignia and the procedures for the use of
the uniform and identifying insignia shall be determined by the
Minister for Defence. The abovementioned uniform may be made of
such fabric the pattern of which is identical to that of the
uniform of a soldier.
(9) The Cabinet shall determine the procedures by which safety
of educatees shall be ensured in the lessons and activities
organised by the secondary school.
(10) Educatees have the right to receive paid health care. The
types and amount of payable health care services, conditions for
their receipt and procedures for covering expenditures of payable
health care services shall be determined by the Cabinet.
[29 March 2007; 20 November 2008; 11 March 2010; 21 October
2010; 19 February 2015; 3 December 2015; 16 November 2017; 7
March 2019; 5 November 2020; 9 December 2021]
Section 17.2 Conscription
for the State Defence Service
Latvian citizens shall be conscripted for the State defence
service in accordance with the State Defence Service Law.
[5 April 2023]
Section 18. Recruitment of Soldiers
in Military Educational Institutions and Units of the National
Armed Forces which Implement Adult Educational Programmes
(1) Military educational institutions and units of the
National Armed Forces which implement adult educational
programmes shall enrol citizens of Latvia who have attained 18
years of age and have acquired at least secondary education,
except for the Infantry School of the National Armed Forces in
which also citizens of Latvia who have attained 18 years of age
and have acquired basic education may be enrolled.
(2) Soldiers for whom the length of professional service which
is remaining in the present rank of officer until the attainment
of the maximum age specified in Section 41 of this Law is not
less than five years shall be enrolled in military educational
institutions in the course of junior staff officer and senior
staff officer. Soldiers up to 30 years of age shall be enrolled
in the basic course for officers, but soldiers with higher
academic education or second level higher vocational education -
up to 35 years of age.
(3) Prior to the commencement of studies at a military
educational institution of unit of the National Armed Forces the
Minister for Defence or a commander (superior officer) authorised
by him or her shall enter into a contract providing for that
after completing the study course it shall be mandatory to serve
the time period provided for in the contract, which shall be not
less than five years.
(4) After completion of courses for obtaining qualification or
qualification improvement a soldier shall serve the time period
provided for in the contract which shall be not less than four
times the duration of such courses.
(5) A soldier who has been expelled from a military
educational institution or unit of the National Armed Forces due
to poor progress (except the cases where the poor progress has
been the result of health impairment or another valid reason),
violations of discipline or upon his or her own free will shall
be sent to the previous place of service or retired from
professional service and he or she shall repay the financial
resources used for training in accordance with the procedures
stipulated by the Cabinet. If a soldier is discharged from the
basic training course of a soldier or a cadet candidate course,
he or she need not repay the financial resources used for
training.
[19 December 2002; 10 June 2004; 29 March 2007; 7 February
2013; 19 February 2015; 16 November 2017]
Section 19. Acceptance into
Professional Service
(1) Latvian citizens from 18 years of age shall be accepted
into professional service.
(2) The persons referred to in Paragraph one of this Section
may be accepted into professional service if they meet the
requirements stipulated by the Minister for Defence for the state
of health, education, professional and physical preparedness,
knowledge of the official language, and moral and psychological
characteristics, and if such persons, except for specialist
officers, specialist non-commissioned officers, and specialist
soldiers, may serve not less than five years until the attainment
of the maximum age specified for professional service in Section
41 of this Law.
(3) [17 March 2005]
(4) A person who has served in foreign armed forces shall
documentarily prove the length of service in foreign armed forces
and the rank awarded.
(5) The National Armed Forces shall perform recruitment and
selection of candidates for professional service in accordance
with the procedures stipulated by the Minister for Defence. When
performing recruitment and selection of candidates for
professional service the National Armed Forces are entitled to
request and receive the necessary information from the Population
Register, State administration institutions, local governments,
health care institutions, and other legal persons free of charge
in order to determine the conformity of the candidates with the
professional service.
(6) A probationary period of up to six months may be
determined for a soldier accepted into professional service. The
probationary period shall not be determined for a soldier who has
been transferred to another position.
(7) A person who has not been previously trained for military
service, after acceptance into professional service shall
complete a military training course specified for the position in
accordance with procedures stipulated by the Minister for
Defence.
[17 March 2005; 29 March 2007; 21 October 2010; 7 February
2013; 12 September 2013; 3 December 2015; 16 November
2017]
Section 20. Professional Service
Contract
(1) The content of the professional service contract, the
procedures for entering into contracts and extension of the term
shall be stipulated by the Minister for Defence.
(2) On behalf of the Ministry of Defence the professional
service contract with a soldier shall be entered into and
extended by the Minister for Defence or a commander (superior
officer) authorised by him or her.
(3) The professional service contract shall be entered into
with soldiers until the attainment of the maximum age for
military service specified in Section 41 of this Law or for a
time period that is not less than five years.
(4) After expiry of the contract, by agreement of the parties,
it may be extended each time for the time period laid down in
Paragraph three of this Section but not longer than until
attainment of the maximum age specified for active service.
(5) The contract may be terminated before the end of the term
in cases specified in Section 43 of this Law.
(6) The time periods referred to in Paragraph three of this
Section shall not be applicable to professional service contracts
which the Minister for Defence enters into with persons who are
accepted into professional service in order to ensure the
participation of the formations of the National Armed Forces in
an international operation. In such case the Minister for Defence
shall enter into a contract for a period of time of the
international operation but for not more than one year.
(7) The time periods referred to in Paragraph three of this
Section shall not be applicable to professional service contracts
which the Commander of the National Armed Forces enters into with
persons who are accepted into professional service in order to
ensure fulfilment of the duties of an absent soldier (absent for
more than six months) or of a vacant position in the National
Armed Forces. In this case a professional service contract shall
be entered into for the period of absence of a professional
service soldier but not longer than for three years.
[10 June 2004; 29 March 2007; 7 February 2013; 16 November
2017]
Chapter IV
Appointment to Position and Discharge from Position, Transfer and
Official Travel
Section 21. General Provisions for
Appointment to Position
(1) A professional service soldier shall be appointed to a
position subsequent to entering into a professional service
contract or in conformity with the certification results. A
soldier of the State defence service shall be appointed to a
position according to his or her preparedness.
(2) A soldier referred to in Section 19, Paragraph seven of
this Law shall be included in the unit personnel and appointed to
a position in a temporary acting capacity for the period of
military training.
(3) A soldier may be assigned temporarily to perform the
duties of the position of an absent or suspended soldier or a
vacant position. The unit commander (superior officer) or a
higher commander (superior officer) has the right to assign the
temporary performance of a position to a soldier.
(31) Within the interests of State defence a
soldier may be assigned to perform the position of a defence
attaché non-residing in the mission country for a period up to
three years retaining his or her present position. The conformity
of the soldier with the position of attaché shall be determined
by the Higher Certification Committee. The Minister for Defence
is entitled to assign the performance of the abovementioned
position to a soldier, taking into account the procedures laid
down in the Diplomatic and Consular Service Law.
(32) If it is not possible to assign the
performance of the duties of the position of an absent soldier to
another soldier, another soldier may be appointed to the position
for a specific period of time, taking into account the
requirements specified for it.
(33) If due to objective circumstances it is not
possible to fill the position of soldier in the National Armed
Forces, the Commander of the National Armed Forces may, in
accordance with the procedures laid down in this Law, enter into
a professional service agreement with a reserve soldier who has
education and qualification appropriate for the respective
position for the time period until appointing of a soldier to the
position in order to fulfil the duties of an absent solder or a
vacant position in the National Armed Forces, except for the
duties of the position of a Commander (Chief).
(4) A soldier shall not be appointed to such position where he
or she would be in kinship relations to the third degree or in
affinity relations to the second degree with his or her immediate
direct superior officer.
(5) If, due to unforeseen circumstances, a commander (superior
officer) has suspended the performance of his or her duties of a
position, without appointing a person in a temporary acting
capacity, the performance of his or her position shall be assumed
by a senior by position (rank) held and who shall notify thereof
in accordance with subordination procedures.
(6) If a soldier is discharged from a position but is not
appointed to another position or is not retired from service he
or she may be assigned at the disposal of the commander (superior
officer) without appointment to a position, retaining the
previous monthly salary, for a time period until the issue
regarding further course of service is decided but no longer than
for four months.
(7) If a soldier is not granted the security certificate for
work with the classified information of the North Atlantic Treaty
Organisation or the European Union or it is cancelled, or the
category of such certificate is reduced, the soldier shall
immediately be discharged from the position for the fulfilment of
the duties of which the abovementioned security certificate is
required, and the Commander of the National Armed Forces shall
decide on the further course of his or her service.
[10 June 2004; 29 March 2007; 1 December 2009; 7 February
2013; 12 September 2013; 16 November 2017; 7 March 2019; 5 April
2023]
Section 22. Soldier Position
Lists
(1) The list of positions corresponding to the ranks of higher
officers shall be approved by the Cabinet.
(2) The military position classification shall be approved by
the Minister for Defence. The classification shall specify
general professional qualification requirements for military
professions.
(3) The Commander of the National Armed Forces shall approve
staff of units of the National Armed Forces and specify the
necessary education and professional qualification requirements
for each position.
(4) The Commander of the National Armed Forces shall approve
the positions in the units of the National Armed Forces that may
be taken by soldiers of the State defence service and determine
whether an examination of conformity of the soldier with the
interests of national defence is necessary.
[10 June 2004; 8 June 2006; 16 November 2017; 5 April
2023]
Section 23. Appointment of Officers
to Positions
(1) The Commander of the National Armed Forces and superior
officer of the Joint Headquarters of the National Armed Forces
shall be appointed and discharged from the position in accordance
with the National Armed Forces Law.
(2) In other positions complying with the ranks of higher
officers and in the position of the Commander of Military Police
officers shall be appointed by the Minister for Defence upon the
recommendation of the Commander of the National Armed Forces. The
Minister for Defence shall also appoint those officers who are
under his direct subordination.
(3) Other officers shall be appointed by the Commander of the
National Armed Forces.
(4) Candidature to an officer's position prior to appointment
to any of the positions referred to in Paragraphs one and two of
this Section shall be evaluated by the Higher Certification
Committee established by the Minister for Defence.
(5) An officer may be appointed to a one rank higher position
and only in exceptional cases with the consent of the Minister
for Defence - to a two ranks higher position.
(6) [10 June 2004]
[10 June 2004; 29 March 2007; 20 November 2008; 11 March
2010]
Section 24. Appointment to Position
of Non-commissioned Officers and Privates
(1) The soldiers shall be appointed to positions of higher
non-commissioned officers by the Commander of the National Armed
Forces or by the commander (superior officer) authorised by him
or her.
(2) The soldiers of the corps of other non-commissioned
officers and privates shall be appointed to positions by the unit
commander (superior officer).
(3) A soldier of the corps of non-commissioned officers and
privates, except for a specialist non-commissioned officer and
specialist soldier, may be appointed to a one rank higher
position and only in exceptional case with the consent of the
Commander of the National Armed Forces - to a two ranks higher
position.
(4) Non-commissioned officers and privates shall not be
appointed to positions of officers.
(5) If necessary for service, a private first class (a seaman
first class) may continue holding a position corresponding to the
rank of private (seaman), or he or she may be appointed to such
position.
[10 June 2004; 11 March 2010; 12 September 2013; 16
November 2017]
Section 25. Professional Evaluation
and Certification of Soldiers
(1) Professional service soldiers shall be subject to
professional evaluation and certification.
(2) Professional evaluation is the assessment of the
performance of service duties and tasks and of personal
characteristics of the soldier and it shall be performed by the
direct commander (superior officer) of the soldier.
(3) During certification the conformity of the soldier with
the requirements laid down in laws and regulations shall be
determined within the framework of present and further course of
service.
(4) A commander (superior officer) shall substantiate a
decision on the course of service of a soldier with the results
of certification and professional assessment.
(5) The procedures for the evaluation and certification of
soldiers shall be determined by the Minister for Defence.
[29 March 2007]
Section 26. Transfer of Soldiers
(1) A soldier may be transferred from one unit or institution
to another unit or institution in the interests of the service in
accordance with procedures stipulated by the Minister for
Defence.
(2) An officer shall hold a position for no longer than five
years. After the end of this term he or she shall be transferred
to another position. The Minister for Defence, taking into
account the speciality of the soldier or service necessity, may
extend the term in the position for an officer. A specialist
officer shall be transferred only in conformity to his or her
speciality. The officers referred to in Section 23, Paragraph
five of this Law may be transferred on a rotational basis to a
position corresponding to their rank.
(3) When abolishing a position or a unit (sub-unit) or when
reorganising it a soldier shall be transferred to a position of
not lower than in conformity with his or her rank in this or
another unit or with his or her consent - to a lower rank
position. If it is not possible to transfer a soldier to a
position corresponding to his or her rank and he or she does not
agree to the transfer to a lower rank position, the soldier shall
be retired from active service in accordance with the procedures
laid down in law.
(4) A soldier may be transferred from a higher rank position
to a lower rank position:
1) due to his or her state of health according to the opinion
of the Central Medical Expert-examination Commission of the
National Armed Forces;
2) [29 March 2007];
3) if a soldier is expelled from an educational institution or
unit of the National Armed Forces which is implementing adult
educational programmes, due to poor progress or violations of
discipline.
(5) The procedures for selecting soldiers for studies or the
acquiring of experience abroad shall be determined by the
Minister for Defence. A soldier who is sent to study (acquire
experience) abroad for more than six months shall be included in
the group of soldiers to be trained in foreign military
educational institutions of the National Defence Academy of
Latvia for the period of studies, retaining the previous monthly
salary. Soldiers who are appointed (approved) in the position by
the Cabinet or Saeima shall not be included in the group
of soldiers to be trained in foreign military educational
institutions.
[12 June 2003; 10 June 2004; 29 March 2007; 1 December
2009; 21 October 2010; 19 February 2015]
Section 27. Transfer of a Soldier to
a Civil State Institution, State Security Institution or
Assigning to an International Organisation or an Institution of a
Member State to such International Organisation
(1) In the interests of national defence a soldier may be
temporarily transferred to a civil State institution, appointing
him or her to a position of a State civil service official or
another position and retaining his or her status of a soldier.
The Commander of the National Armed Forces is entitled to
transfer a soldier to a civil State institution. The head of the
relevant institution shall appoint the soldier to a position. If
such transfer has taken place upon request of the State
institution, the remuneration of the soldier shall be ensured by
the institution.
(2) A soldier may be temporarily assigned to an international
organisation, of which the Republic of Latvia is a member state
or with which the Republic of Latvia is co-operating, or to an
institution of a member state to such international organisation
retaining his or her status of a soldier. During this time period
the sending institution shall disburse to the soldier only such
part of remuneration and retain only such social guarantees,
which are not covered by the international organisation or an
institution of its member state.
(3) In the interests of national defence a soldier may be
temporarily transferred to a State security institution retaining
his or her status of a soldier. The head of the State security
institution shall appoint the soldier to a position, and the
soldier shall receive only the remuneration and social guarantees
laid down in the laws and regulations governing the activities of
the State security institutions.
(4) The period of time when a soldier performs the duties of
the position provided for in this Section shall be included in
the length of service that shall be taken into account when
granting the current rank.
[10 June 2004; 17 March 2005; 29 March 2007; 1 December
2009; 7 February 2013]
Section 28. Official Travel of
Soldiers
(1) A soldier may be sent on official travel for a specified
period of time for the performance of the direct duties of
service or an individual task in accordance with the procedures
stipulated by the Minister for Defence.
(2) A unit commander (superior officer) is entitled to send a
soldier on official travel in the territory of Latvia, but the
Minister for Defence, the Commander of the National Armed Forces,
the Chief of the Joint Headquarters of the National Armed Forces
or a deputy thereof - also abroad.
(3) A soldier who is sent to perform service duties at the
disposal of another unit commander (superior officer) shall be
considered as attached to this unit.
(4) The provisions of this Section shall not apply to a
soldier who participates in an international operation.
[7 February 2013; 16 November 2017]
Section 29. Suspension of Soldiers
from Positions
(1) If an investigation against a soldier for violation of
military discipline is taking place or he or she is a suspect or
the accused in criminal proceedings and the holding of the
position by the soldier may interfere with the investigation
process for violation of military discipline or with the
performance of service duties, he or she may be suspended from
the position by a reasoned decision until the matter is decided.
The commander (superior officer) who has the right to appoint a
soldier to a position or a higher commander (superior officer)
has the right to suspend a soldier from the position and appoint
another person to the position in a temporary acting
capacity.
(2) The suspended soldier shall hand over all documents and
State property at his or her disposal to the person in the
temporary acting capacity in accordance with the procedures laid
down in the Rules of Procedure for the Military Interior
Service.
[21 October 2010; 21 April 2022]
Section 30. Discharge of Soldiers
from Position
(1) A soldier shall be discharged from his or her
position:
1) by appointing him or her to another position;
2) without appointing him or her to another position, however,
retaining the status of a soldier in the cases indicated in
Paragraph two of this Section;
3) by retiring him or her from active service.
(2) A soldier shall be discharged from the position by
retaining the status of a soldier, however, without retaining the
monthly wage and supplements in the following cases:
1) the soldier is moving together with his or her spouse - a
defence attaché or military representative - to his or her
service location in a foreign country;
2) the soldier is accompanying his or her spouse - a soldier
who has been sent on a training visit to a military training
course of senior or higher officers included in the list approved
by the Commander of the National Armed Forces or his or her
authorised person the duration of which exceeds 10 months.
(3) The period of absence referred to in Paragraph two of this
Section shall not be included into the term of service which
gives the right to the awarding of a regular service rank. After
returning to Latvia, the soldier shall be appointed to a position
according to his or her rank. If the soldier, after his or her
spouse's service or training abroad has ended, does not return to
military service, he or she shall be retired.
[7 March 2019]
Chapter V
Awarding and Removing of Ranks
[12 June 2003]
Section 31. Ranks of Soldiers
(1) Ranks of soldiers shall be divided into the general and
Naval Forces ranks.
(2) Soldiers shall have the following ranks:
1) for the corps of privates: Private, Private First Class (in
the Naval Forces - Seaman, Seaman First Class);
2) for the corps of non-commissioned officers:
a) for the junior non-commissioned officers: Corporal,
Sergeant;
b) for the senior non-commissioned officers: First Sergeant
(in the Naval Forces - Boatswain), Sergeant First Class (in the
Naval Forces - Chief Petty Officer);
c) for the higher non-commissioned officers: Master Sergeant
(in the Naval Forces - Senior Chief Petty Officer), Sergeant
Major (in the Naval Forces - Master Chief Petty Officer);
3) [10 June 2004];
4) for the corps of officers:
a) for the junior officers: Lieutenant, First Lieutenant,
Captain (in the Naval Forces - Lieutenant Commander),
b) for senior officers: Major, Lieutenant Colonel, Colonel (in
the Naval Forces - Sub-commander, Commander Senior Grade, Navy
Captain),
c) for higher officers: Brigadier General, Major General,
Lieutenant General (in the Naval Forces - Flotilla Admiral, Rear
Admiral, and Vice Admiral).
[10 June 2004; 16 November 2017]
Section 32. General Provisions for
Awarding Ranks
(1) A person conscripted for or accepted into active service
concurrently with inclusion in the unit personnel shall be
awarded the first rank. A reserve soldier accepted into active
service or conscripted and a reservist shall retain the existing
rank irrespective of the position held.
(2) Ranks shall be awarded to soldiers:
1) officer ranks - by the President upon recommendation of the
Minster for Defence, if the conformity of a soldier with the
requirements laid down in the Law has been evaluated and awarding
of the rank has been supported by the Higher Certification
Committee;
2) higher non-commissioned officer ranks - by the Commander of
the National Armed Forces;
3) ranks of lower and higher non-commissioned officers
transferred to a civil State institution or State security
institution or appointed to an international organisation, of
which the Republic of Latvia is a member state or with which the
Republic of Latvia is co-operating, or to an institution of a
member state to such international organisation - by the Chief of
the Joint Headquarters of the National Armed Forces upon
recommendation of the head of the respective institution, but
ranks of other non-commissioned officers and soldiers - by a unit
commander (superior officer) upon recommendation of a sub-unit
commander.
(3) A soldier shall acquire the right to be awarded the next
rank, if he or she has received a positive evaluation of
attestation and meets all the requirements specified for the
awarding of the next rank in general and for each rank
separately, such requirements of physical preparedness, which are
determined by the Minister for Defence, and he or she has no
non-expunged (non-extinguished) punishments.
(4) A soldier shall be awarded next ranks gradually, except
for corporal and lieutenant ranks, as well as in the cases
provided for in Sections 32.1 and 32.2 of
this Law.
(5) A soldier shall be awarded the next rank:
1) after serving the specified period in the existing rank if
the position held provides for a higher rank;
2) for achievements in battle and other achievements -
outstanding heroism, courage or achievements during the
performance of combat and other tasks - prior to the determined
term of service in the existing rank or performance of other
requirements laid down in Section 33, Paragraphs one and two of
this Law - as an award;
3) [17 March 2005];
4) a soldier transferred to a State security institution -
after serving the specified time period in the current rank if
the soldier holds corresponding position in the State security
institution.
(6) [29 March 2007]
[12 June 2003; 10 June 2004; 17 March 2005; 8 June 2006; 29
March 2007; 20 November 2008; 11 March 2010; 7 February 2013; 12
September 2013; 16 November 2017]
Section 32.1 Awarding of
Rank to Specialist Officers
(1) A soldier who has successfully completed a basic
specialist officer course shall be awarded the rank of First
Lieutenant.
(2) A soldier who is a certified physician, after successfully
completing a basic specialist officer course, shall be awarded
the rank of Captain (Lieutenant Commander).
(3) [16 November 2017]
(4) During peacetime a specialist officer shall be awarded a
current rank in the following sequence:
1) Captain (Lieutenant Commander) - to a first lieutenant who
has completed a basic specialist officer course or another course
equivalent thereto after serving for four years in the rank of
the first lieutenant;
2) Major (Commander Junior Grade) - to a captain (lieutenant
commander) after completing a senior specialist officer course or
the course equivalent thereto and serving for five years in the
rank of captain (lieutenant commander);
3) Lieutenant Colonel (Commander Senior Grade) - to a major
(commander junior grade) who has completed a senior specialist
officer course or another equivalent course thereto and after
serving for five years in the rank of major (commander junior
grade);
4) Colonel (Navy Captain) - to a lieutenant colonel (commander
senior grade) after completion of a senior staff officer course
or other equivalent course thereto and after serving for five
years in the rank of lieutenant colonel (commander senior
grade).
[12 June 2003; 10 June 2004; 7 February 2013; 16 November
2017 / See Paragraph 23 of Transitional
Provisions]
Section 32.2 Awarding of
Rank to Specialist Soldiers and Specialist Non-commissioning
Officers
(1) A soldier shall be awarded the rank of a Private First
Class (First Seaman) according to the rank of the position held
without having served the specific time period in the current
rank after successful completion of a specialist soldier basic
course or other equivalent course.
(2) A specialist non-commissioning officer shall be awarded
the rank according to the rank of the position held without
having served the specific time period in the current rank after
successful completion of a specialist non-commissioning officer
basic course or other equivalent course.
[12 September 2013 / See Paragraph 20 of the
Transitional Provisions]
Section 33. Sequence for Awarding
Ranks
(1) During peacetime a soldier shall be awarded the next rank
in the following sequence:
1) Private First Class (Seaman First Class) - to a private
(seaman) no sooner than after military service of three months or
as an award;
2) Corporal - to a private (seaman) and private first class
(first seaman) with at least secondary education after completion
of a junior non-commissioned officer course;
3) Sergeant - to a corporal after completion of a
non-commissioned officer course and serving for four years in the
rank of corporal;
4) First Sergeant (Boatswain) - to a sergeant after completion
of a senior non-commissioned officer course and serving for five
years in the rank of sergeant;
5) Senior First Sergeant (Chief Petty Officer) - to a first
sergeant (boatswain) after completion of a senior
non-commissioned officer course and serving for five years in the
rank of a first sergeant (boatswain);
6) Master Sergeant (Senior Chief Petty Officer) - to a senior
first sergeant (chief petty officer) who has completed a higher
non-commissioned officer course with at least first level
vocational higher education after serving for three years in the
rank of a senior first sergeant (chief petty officer);
7) Sergeant Major (Master Chief Petty Officer) - to a master
sergeant (senior chief petty officer) who has completed a higher
non-commissioned officer course with at least first level
vocational higher education after serving for three years in the
rank of a master sergeant (senior petty officer);
8) Lieutenant - to a soldier after graduation from an officer
training military educational institution and to a soldier with
higher education after completion of a basic officer's training
course;
9) First Lieutenant - to a lieutenant after graduation from an
officer training military educational institution or to a
lieutenant with higher education who has completed a basic
officer's training course after serving for two years in the rank
of a lieutenant;
10) Captain (Lieutenant Commander) - to a first lieutenant
after completion of a junior staff officer course or another
course equivalent thereto and after serving for three years in
the rank of the first lieutenant;
11) Major (Commander Junior Grade) - to a captain (lieutenant
commander) who has completed a junior staff officer course or
another course equivalent thereto and after serving for five
years in the rank of captain (lieutenant commander);
12) Lieutenant Colonel (Commander Senior Grade) - to a major
(commander junior grade) with higher education after completion
of a senior staff officer course or another course equivalent
thereto and serving for five years in the rank of major
(commander junior grade);
13) Colonel (Navy Captain) - to a lieutenant colonel
(commander senior grade) who has completed a senior staff officer
course or other course equivalent thereto with higher education
after serving for five years in the rank of lieutenant colonel
(commander senior grade);
14) Brigadier General (Rear Admiral) - to a colonel (navy
captain) with higher education after completion of a higher
commanding officer course or another course equivalent thereto
and serving for three years in the rank of colonel (navy
captain);
15) Major General (Counter Admiral) - to a Brigadier General
(flotilla admiral) with higher education after completion of a
higher commanding officer course or course equivalent thereto and
after serving for three years in the rank of Brigadier General
(flotilla admiral);
16) Lieutenant General (Vice Admiral) - to a major general
(rear admiral) if he has been appointed the Commander of the
National Armed Forces.
(2) Ranks of officers shall only be awarded to those soldiers
who are fluent in at least one of the official languages of the
North Atlantic Treaty Organisation. The knowledge of language
shall be examined in accordance with the procedures stipulated by
the Minister for Defence.
(3) The rank of colonel and higher ranks shall be awarded to
soldiers who have served in positions of unit commanding
personnel for at least three years. This requirement shall not
apply to specialist officers.
(4) If a soldier has completed a military education course
that is not specified in this Law, a commander (superior officer)
of his or her unit shall request that a special commission
evaluate the compliance of the military education of the soldier
with the rank to be awarded in accordance with the procedures
stipulated the Minister for Defence.
(5) A course of military education shall conform to the
requirements of military education laid down in this Law in
accordance with the procedures stipulated by the Minister for
Defence.
[12 June 2003; 10 June 2004; 29 March 2007; 21 October
2010; 7 February 2013; 16 November 2017 / See Paragraph 24
of Transitional Provisions]
Section 34. Removal and Renewal of a
Rank
The rank of a soldier shall be removed if he or she is
convicted of committing a serious or especially serious crime or
if the criminal proceedings initiated against him or her have
been terminated conditionally releasing such soldier from
criminal liability for a serious crime. In such case the officer
rank shall be removed by the President, the rank of higher
non-commissioned officer - by the Commander of the National Armed
Forces, the rank of privates and other non-commissioned officers
- by the unit commander (superior officer) and it may be renewed
only in accordance with a decision or judgment rehabilitating the
soldier.
[21 October 2010]
Section 35. Awarding of Ranks under
Equalisation Procedures
(1) A former State specialised civil service official who has
been accepted into active service or conscripted, an official of
the institution of the system of the Ministry of the Interior and
Prison Administration with a special rank, a Latvian citizen who
has served in State security institutions and institutions of the
Office of the Prosecutor and foreign armed forces, in accordance
with equalisation procedures, may be awarded a soldier rank equal
to his or her service (special) rank that is documentarily proven
and a rank corresponding to his or her military preparedness in
accordance with the procedures laid down in this Law, but not
higher than the rank that has been documentarily proved.
(2) A soldier who has been accepted into active service or
conscripted immediately after retirement from service in the
institutions referred to in Paragraph one of this Section and to
whom in accordance with equalisation procedures has been awarded
a military rank, in the term of service period, which gives the
right to the awarding of regular military rank, shall also
include the time served in such institutions with the relevant
service (special) rank.
(3) A former national guardsman who has been accepted into
military service or conscripted and a State defence service
soldier may, under equalisation procedures, be awarded a soldier
rank appropriate to his or her military preparedness and
education in accordance with the procedures laid down in this
Law.
(4) A soldier who has been accepted into active service and
retired from mandatory military service may, under equalisation
procedures, be awarded a soldier rank similar to his or her rank
which is documentarily proved and appropriate to his or her
military preparedness in accordance with the procedures laid down
in this Law but not higher than the rank documentarily
proved.
[12 June 2003; 8 June 2006; 20 November 2008; 16 November
2017; 5 April 2023]
Section 35.1 Right of Use
of a Temporary Rank
(1) During the service in the international operation, in the
North Atlantic Treaty Organisation or European Union military
staff or in the multinational staff of the Member States to these
organisations the Commander of the National Armed Forces may
grant an officer the right to use a temporary rank that is one
rank higher than the rank granted to the officer in order to
ensure the compliance of the officer's rank with the rank
specified for the international operations and positions of staff
of headquarters. A temporary rank shall not be higher than the
rank corresponding to the position in which it is intended to
appoint an officer for the performance of the service tasks
specified in this Section.
(2) During the use of a temporary rank an officer shall
receive social and other guarantees specified by the law in
compliance with the rank which has been granted to him or her by
the President in accordance with the procedures laid down in the
law.
(3) The procedures for granting of the right of use of a
temporary rank, as well as the procedures for use of a temporary
rank shall be determined by the Minister for Defence.
[21 October 2010]
Chapter VI
Leave
[1 December 2009]
Chapter VII
Retirement of Soldiers from Military Service
Section 41. Maximum Age in Military
Service
(1) The maximum age of a soldier for the performance of
military service shall be the following:
1) for corps of privates: in professional service - 45 years;
in service of the National Armed Forces' reserve - 60 years;
2) for corps of non-commissioned officers: in professional
service - 50 years; in service of the National Armed Forces'
reserve - 60 years;
3) for a lieutenant: in professional service - 45 years; in
service of the National Armed Forces' reserve - 60 years;
4) for a first lieutenant: in professional service - 45 years;
in service of the National Armed Forces' reserve - 60 years;
5) for a captain (lieutenant commander): in professional
service - 48 years; in service of the National Armed Forces'
reserve - 60 years;
6) for a major (commander junior grade): in professional
service - 51 years; in service of the National Armed Forces'
reserve - 60 years;
7) for a lieutenant colonel (commander senior grade): in
professional service - 55 years; in service of the National Armed
Forces' reserve - 60 years;
8) for a colonel (navy captain): in professional service - 58
years; in service of the National Armed Forces' reserve - 60
years;
9) for higher officers: in professional service - 65 years; in
service of the National Armed Forces' reserve - 70 years.
(2) A professional service soldier of the corps of privates
and non-commissioned officers who holds a qualified specialist
position of a significant profession may be retired, in
accordance with the list of military specialist positions
determined by the Minister for Defence, when he or she has
attained the age of 55 years, but a soldier of the corps of
officers - when he or she has attained the age of 60 years.
(3) In individual cases, the Minister for Defence may, by
taking into account the needs of national defence, prolong the
professional service of a soldier whose rank is not higher than
the rank of colonel and who has attained the maximum age for
professional service specified in Paragraph one of this Section
according to the terminated professional service contract for one
or several times for a period of not less than one year, however,
not longer than until attainment of the maximum age for the
relevant service rank for service in reserve specified in
Paragraph one of this Section.
(4) An officer who has been approved (appointed) by the
Saeima, the Cabinet, or the Ministry of Defence in his or
her position for a period of time determined in the law shall
continue to perform his or her office duties until the end of the
term of office, unless upon attaining the maximum age provided
for in Paragraph one of this Section another officer is approved
(appointed) in the relevant position in accordance with the
procedures determined in the law.
[10 June 2004; 29 March 2007; 19 February 2015; 7 March
2019; 5 November 2020]
Section 42. Retirement from
Professional Service
(1) A soldier shall be retired from professional service:
1) upon expiry of the term of the professional service
contract in connection with the attainment of the maximum age
determined for active service;
2) upon expiry of the term of the professional service
contract if the contract is not extended;
3) upon terminating the professional service contract prior to
the end of the term.
(2) If a soldier has attained the maximum age prescribed for
the military service reserve or the soldier has been recognised
as unfit for military service due to the state of health, or his
or her rank has been removed, he or she shall be retired,
removing him or her from the military service records.
(3) In other cases of retirement a soldier shall be:
1) retired to the military service reserve;
2) admitted to the National Guard if the soldier has expressed
such wish before being retired and meets the requirements
stipulated by the National Guard of the Republic of Latvia Law
for admission to the National Guard.
(4) Soldiers who are dead, have perished or are missing
without information shall be excluded from the personnel.
[9 December 2021]
Section 43. Termination of
Professional Service Contract before the End of the Term
(1) A professional service contract may be terminated before
the end of the term at any time by agreement of the parties.
(2) A professional service contract with a soldier shall be
terminated on the initiative of management if:
1) the soldier has lost Latvian citizenship;
2) the soldier has been recognised as unfit for active service
due to state of health;
3) during examination it is ascertained that the soldier does
not conform to service requirements;
4) circumstances have been revealed, which in accordance with
the law or Cabinet regulations prevent the soldier from the
performance of active service or holding a position and such
circumstances cannot be rectified;
5) [29 March 2007];
6) the period of soldier's incapacity for service due to
illness is longer than four months (120 days), if the illness or
injury (trauma) were not suffered while performing service
duties;
7) a unit (sub-unit) is abolished or reorganised or the number
of soldiers is reduced, in conformity with the provisions of
Section 26, Paragraph three of this Law;
8) retirement from active service has been applied to the
soldier as a disciplinary sanction;
9) the soldier has been punished for an intentional criminal
offence or disclosure of an official secret through negligence -
regardless of the extinguishment and setting aside of criminal
record;
10) the soldier has been sentenced for the criminal offence
referred to in Clause 9 of this Paragraph by releasing him or her
from the punishment, or the criminal proceedings against him or
her have been terminated for reasons other than exoneration;
11) the soldier has been punished for committing a criminal
offence through negligence, unless the criminal record has been
set aside or extinguished in accordance with the procedures laid
down by law.
(3) A professional service contract with a soldier shall be
terminated by the Minister for Defence or a commander (superior
officer) authorised by him or her.
(4) The Minister for Defence is entitled not to terminate a
professional service prior to the end of the term thereof by
taking into account the speciality of the soldier or necessity of
the service, if:
1) the soldier has been punished for committing a criminal
offence through negligence with a punishment not related to
deprivation of liberty;
2) the soldier has committed a criminal offence through
negligence, but has been released from a punishment;
3) the criminal proceedings initiated against the soldier for
committing a criminal offence through negligence have been
terminated for reasons other than exoneration.
(41) The Minister for Defence or a commander
(superior officer) authorised by him or her, upon terminating a
professional service contract during probation, is entitled not
to indicate the reason for terminating the contract.
(5) When terminating the professional service contract before
the end of the term due to circumstances referred to in Paragraph
two, Clause 7 of this Section the soldier shall be warned thereof
two months in advance.
[29 March 2007; 21 October 2010; 7 February 2013; 16
November 2017; 11 February 2021]
Section 44. Retirement
Procedures
(1) The following are entitled to retire a soldier from active
service during peacetime:
1) a higher officer - the President;
2) a senior officer - the Minister for Defence;
3) a junior officer - the Commander of the National Armed
Forces;
4) a higher non-commissioned officer - the Commander of the
National Armed Forces or the commander (superior officer)
authorised by him or her;
5) a soldier of the corps of other non-commissioned officers
and privates - by the unit commander (superior officer).
(2) [29 March 2007]
(3) A soldier who has been convicted for committing a criminal
offence or the criminal proceedings initiated against whom have
been terminated for reasons other than exoneration, or who has
been convicted for committing a criminal offence, but has been
released from a punishment, shall be retired from active service
as of the day the court judgement or decision comes into legal
effect. If a soldier, who has been convicted for committing a
criminal offence, on the day the court judgement or decision
comes into legal effect is in detention, he or she shall be
retired from active service as of the day stated in the judgment
or decision as the beginning of serving the sentence.
(31) A retired soldier, in accordance with the
procedures stipulated by the Minister for Defence, shall return
the material and technical resources issued to him or her
(equipment, utilities, service inventory, etc.) and the uniform
or reimburse their remaining value. The Minister for Defence is
entitled to provide for exceptions for retired soldiers, who have
been granted the right to wear a uniform.
(4) If a soldier is retired from active service due to the
termination of the professional service contract prior to the end
of the term, except the cases specified in Section 43, Paragraph
two, Clauses 2 and 7 of this Law, as well as the cases where a
soldier has been retired due to other inevitable circumstances
independent of his or her will which have been recognised as
justifiable by the Minister for Defence, he or she shall,
proportionally to the period not served, compensate or withhold
from him or her a part of expenses for his or her military and
professional training or improvement of qualifications, including
study expenses incurred at foreign educational institutions
(courses) which have been covered by the foreign country as
assistance to Latvia.
(41) If a soldier is retired from military service
in the case referred to in Section 42, Paragraph one, Clause 1 of
this Law or upon termination of the professional service contract
prior to the end of the term in the case specified in Section 43,
Paragraph two, Clause 2, 6, or 7 of this Law, a compensation for
unused annual leave shall be calculated for a full year. If a
soldier is retired in the case referred to in Section 43,
Paragraph one or two, Clause 1, 4, 8, or 9 of this Law prior to
the end of a calendar year and a soldier has used annual leave
for a full calendar year, the payment disbursed for leave shall
be withheld from him or her for the days not served.
(42) If a soldier retired from professional service
is accepted into professional service anew within two years after
retirement and serves at least five years, he or she shall not
repay the part of training expenses which has not been paid on
the day when he or she has been accepted into professional
service anew, and the part of the training expenses paid by the
soldier shall be reimbursed thereto as a one-time payment. This
condition does not apply to cases when a soldier repays training
expenses due to suspension from the military education
institution or unit of the National Armed Forces which implements
adult educational programmes based on academic failure or
breaches of discipline, or upon his or her own wish.
(5) During an armed conflict, state of war or state of
emergency and in case of mobilisation the retirement of soldiers
shall be suspended except for cases where a soldier has become
unfit for military service.
[10 June 2004; 29 March 2007; 17 September 2009; 1 December
2009; 11 March 2010; 21 October 2010; 7 February 2013; 9 December
2021 / See Paragraph 30 of Transitional
Provisions]
Chapter VIII
Uniform of Soldiers
Section 45. Uniform of Soldiers
(1) The Cabinet shall determine the description of the combat,
everyday, dress, and ceremonial uniforms of a soldier of the
Latvian National Armed Forces, the components and additional
elements of these uniforms, and also the description of cockades,
rank, and surname identifying insignia worn on these uniforms.
The Minister for Defence shall determine the description of other
types of soldier's uniforms, the components of these uniforms,
additional elements and the identifying insignia, and the uniform
wearing procedures.
(2) Only a soldier (retired soldier) is entitled to wear the
uniform of a soldier and the identifying insignia. For the
performance of specific tasks, the Commander of the National
Armed Forces may temporarily grant the right to wear a uniform of
a soldier to other persons if it is necessary for the performance
of tasks specified in the National Armed Forces Law or for public
image improvement activities.
(3) Only the Ministry of Defence, the National Armed Forces,
and, in the cases specified in this Law, other persons have the
right to order the manufacture of the uniforms of soldiers and
the identifying insignia and to purchase them. The handling of a
soldier's uniform and identifying insignia is permitted only for
the needs of the National Armed Forces.
[7 February 2013; 3 October 2019; 21 April 2022]
Section 46. Wearing of Soldier's
Uniform in Active Service
(1) During active service and also while performing work
duties at the Cadet Force Centre and secondary school, a soldier
shall wear a uniform and the identifying insignia, and depending
on the received task shall carry the provided weapons and
accoutrements.
(2) During free time outside the performance of service
duties, soldiers may also wear civilian clothes. The unit
commander (superior officer) shall allow a soldier to wear
civilian clothes during the performance of service duties if it
is required by service tasks.
(3) The wearing of soldier's uniforms by soldiers while abroad
is prohibited except for the cases where they are performing such
service duties abroad for which the wearing of a soldier's
uniform has been provided for.
[7 February 2013; 7 March 2019; 9 December 2021]
Section 47. Right of Retired
Soldiers to Wear Soldier's Uniforms
(1) An official who is entitled to retire a soldier may grant
a retired soldier the right to wear a soldier's uniform for
impeccable service in the following cases:
1) for achievements in battle and other achievements in the
performance of the tasks of service - irrespective of the length
of the service;
2) if a soldier has been retired due to disability (illness),
which has been acquired during service while performing service
duties;
3) if a soldier has been retired from service because of
attaining the maximum age and his or her total length of service
is not less than 20 years.
(2) A soldier of the Latvian Army who has been retired from
service with the right to wear a soldier's uniform (also soldiers
of the Latvian army who has served in the Latvian Army until 21
July 1940) have the right to purchase, at their expense, and wear
the everyday soldier's uniform according to their rank and
position in accordance with the procedures stipulated by the
Minister for Defence.
(3) When wearing a soldier's uniform, the persons referred to
in this Section shall fulfil the relevant military rules of
procedure and comply with the provisions for wearing a soldier's
uniform, and generally accepted rules of behaviour and military
courtesy.
(4) Persons referred to in this Section are permitted to wear
the soldier's uniform on public holidays, days of commemoration
and celebration days during events of military units and other
events supported by the Ministry of Defence and the National
Armed Forces in the Republic of Latvia or abroad.
(5) If a person referred to in this Section fails to comply
with the provisions set out in Paragraph two, three, and four of
this Section and compromises the honour of a soldier or
discredits the National Armed Forces, the Minister for Defence or
a commander authorised thereby (commander) may deprive the person
of the rights to wear a soldier's uniform.
[10 June 2004; 29 March 2007; 7 February 2013; 5 November
2020]
Chapter IX
Support and Social Guarantees of Soldiers
Section 48. Remuneration of
Soldiers
(1) During active service a professional service soldier shall
receive a remuneration which is determined in compliance with the
Law on Remuneration of Officials and Employees of State and Local
Government Authorities.
(2) The length of service of a soldier shall encompass the
time of service in professional service (until the day of coming
into force of this Law - in active service and in full-time
service), in mandatory active military service, State defence
military service, in the institutions of the system of the
Ministry of the Interior, State security institutions, and in the
institutions of the Office of the Prosecutor in positions with
special ranks and the time served in the armed forces of another
country, but for a soldier who has been accepted into active
service until the day of coming into force of this Law, also 80
per cent of the time served in civil institutions.
(21) The length of service of a soldier, who has
served in the National Guard prior to the acceptance into active
service, shall encompass the period of the performance of the
service tasks and training of the National Guard. The commander
of the National Guard unit shall issue a statement which confirms
the actual number of service days in the National Guard.
(3) [1 December 2009]
(4) [1 December 2009]
(5) [1 December 2009]
(6) [1 December 2009]
[17 March 2005; 29 March 2007; 1 December 2009; 16 November
2017; 5 April 2023]
Section 49. Support of Soldiers
A professional service soldier during the time of military
service shall be partially State supported. Each soldier during
the time of service shall receive soldier food rations, a
soldier's uniform, and the necessary service equipment. Support
conditions, norms and procedures by which a soldier shall be
provided with material and technical resources shall be
determined by the Minister for Defence. A soldier shall not
receive soldier food rations specified in this Section if
compensation for food rations has been granted for him or
her.
[1 December 2009]
Section 49.1 Provision of
Educational and Culture Measures in Districts of International
Operations
The Ministry of Defence, covering all the necessary expenses
within the scope of the budget resources allocated thereto, may
ensure going to the district of an international operation, stay
therein and return to Latvia to civilians who implement the
educational or culture measures provided for the staff of the
unit of the National Armed Forces in the district of the
international operation.
[7 February 2013]
Section 50. Allowances and
Compensations for Soldiers Serving Outside the State
[1 December 2009]
Section 51. Health Care of
Soldiers
(1) [1 December 2009]
(2) [1 December 2009]
(3) If a mandatory active military service soldier is retired
from service because of the unsuitability of the state of health
for active service and the reason therefor has been a trauma
suffered during the time of service while performing service
duties or an illness whose cause is related to military service,
the expenses for the treatment of health impairments acquired
during the time of service and for the rehabilitation of such
soldier shall be covered by the Ministry of Defence in accordance
with the procedures and in the amount stipulated by the
Cabinet.
(4) [29 March 2007]
[12 June 2003; 8 June 2006; 29 March 2007; 1 December
2009]
Section 52. Compensation for Loss of
Capacity for Work in relation to Mandatory Military Service
If the disability of a mandatory military service soldier has
been determined during the time of active service or within a
year after retirement from active service because of injury
(mutilation, concussion) which has been suffered during the time
of service, while performing service duties, or due to illness,
the cause of which is related to performance of military service
(occupational disease), he or she shall be paid a compensation
each month for the loss of the capacity for work:
1) to a person with Group I disability - in the amount of EUR
426.86;
2) to a person with Group II disability - in the amount of EUR
284.57;
3) to a person with Group III disability - in the amount of
EUR 213.43.
If the group of disability for the persons referred to in this
Paragraph is changed, the amount of the compensation specified
shall also be changed according to the group of disability
specified anew.
[1 December 2009; 12 September 2013; 7 March 2019]
Section 53. Other Guarantees Related
to Active Service
Children of professional service soldiers and of professional
service soldiers who have died during fulfilment of service
duties may be placed in pre-school educational institutions on a
priority basis.
[7 February 2013]
Section 54. Right to Receive Funds
for Representation
[19 December 2002]
Section 55. Right to Living
Quarters
(1) [29 March 2007]
(2) A reserve soldier conscripted for military training or a
Latvian citizen who has voluntarily enlisted for the service into
reserve shall be provided with living quarters in barracks or
under field conditions - in a tent.
(3) If necessary, a professional service soldier shall be
provided with service living quarters in possession of the
Ministry of Defence in the place of service in accordance with
the procedures stipulated by the Minister for Defence for the
time period of service. The soldier's family (spouse, children,
parents) shall be retained the right to stay at the service
living quarters not more than one year after death of the
soldier, if the soldier has died during active service while
performing service duties.
(4) [1 December 2009]
(5) The Ministry of Defence has the right to acquire or build
residential buildings or individual flats for the needs of
professional service soldiers within the framework of the
allocated State budget funds.
[8 June 2006; 29 March 2007; 1 December 2009; 7 February
2013; 16 November 2017]
Section 56. Right to Utilise Means
of Transport and Communication
[1 December 2009]
Section 57. Retirement Allowance
[1 December 2009]
Chapter X
Duties and Social Guarantees of Retired Soldiers
Section 58. Duties of Retired
Soldiers
(1) A soldier retired from professional service shall register
for the military service reserve in the structural unit for the
record of the National Armed Forces' reserve within 10 days after
the day of retirement from professional service, by arriving in
person.
(2) The duties specified in Paragraph one of this Section
shall not apply to a soldier who has been retired from
professional service due to the reasons referred to in Section
42, Paragraph two of this Law or admitted to the National
Guard.
[29 March 2007; 7 February 2013' 9 December 2021]
Section 59. Social Guarantees of
Retired Soldiers
(1) A retired soldier shall be granted a service pension in
accordance with the Law on Service Pensions of Military
Personnel.
(2) A retired soldier shall retain the right to receive paid
health care in accordance with the procedures and in the amount
stipulated by the Cabinet, if:
1) he or she has been retired from active service due to
disability, injury (mutilation, concussion) acquired during the
time of service, while performing service duties, or due to
illness, the cause of which is related to the performance of
military service (occupational disease);
2) he or she has been retired from active service due to the
attainment of the maximum age determined for active service or
after attainment of the maximum age determined for active service
in the cases specified in Section 41, Paragraphs two, three, and
four of this Law and a service pension has been granted for him
or her;
3) he or she has been retired from active service upon
expiration of the term of the professional service contract, and
within a year after retirement from active service he or she has
been determined a disability due to an injury (mutilation,
contusion), which has been acquired during service while
performing service duties, or due to an illness, the cause of
which is related to performing military service. The right to
receive paid health care shall be retained only for the time
period of disability;
4) he or she has been retired from active service by 12 July
2004, retaining his or her right to wear a soldier's uniform;
5) he or she has been retired from active service upon
expiration of the term of the professional service contract or
upon terminating the professional service contract before term
due to liquidation or reorganisation of a unit (sub-unit) or
reduction of the number of soldiers, he or she has been granted a
service pension and he or she has served in professional service
for not less than 25 years;
6) he or she has been retired from active service upon
expiration of the term of the professional service contract and
without extending the contract upon initiative of the management,
or upon terminating the professional service contract before term
due to liquidation or reorganisation of a unit (sub-unit) or
reduction of the number of soldiers, he or she has been granted a
service pension and he or she has served not less than 22 years
in professional service by 31 December 2014;
7) he or she has held the position of the Commander of the
National Armed Forces before retiring.
(3) A soldier who has been retired from active service due to
the attainment of the maximum age if his or her length of service
is not less than 35 years or the retirement was due to injury
(mutilation) or an illness acquired during the time of service,
while performing service duties, in the event of death, which is
not related to malicious or indecent behaviour during peacetime
shall be buried at the expense of the State in accordance with
the procedures stipulated by the Cabinet.
(4) Soldiers of the Latvian Army who have served in the
Latvian Army until 21 July 1940 and receive a special supplement
to the State pension in accordance with the procedures stipulated
by the Cabinet shall retain the right to receive paid health care
in accordance with the same procedures as a professional service
soldier.
(5) A retired soldier who has been issued a certificate of an
international operations veteran has the right, if necessary, to
receive paid aid of psychologists of the National Armed
Forces.
[10 June 2004; 8 June 2006; 1 December 2009; 7 February
2013; 19 February 2015; 21 April 2022]
Chapter XI
Specific Nature of Work of Civilians in Military Units
[10 June 2004]
Section 60. Civilians of Military
Units
Civilians of military units shall be the following:
1) [7 February 2013];
2) civilian employees;
3) military employees.
[7 February 2013; 21 April 2022]
Section 60.1 Employment
Relationship of Military Employees
(1) Military employees are civilians who, on the basis of an
employment contract, perform the positions of military employees
determined by the Minister for Defence in the National Armed
Forces and in institutions subordinate to the Ministry of
Defence.
(2) An employment contract shall be concluded with a military
employee. The laws and regulations governing employment
relationship shall be applicable to military employees only in
the part which is not regulated by this Law.
(3) The duration of the working day of a military employee
shall be determined and the leave thereto shall be granted in
accordance with the same procedures as for a soldier.
(4) The procedures for the recruitment of a military employee,
including the requirements for the state of health, psychological
characteristics, and the physical preparedness, of military
employees shall be determined by the Minister for Defence.
(5) A military employee shall complete the basic training for
military employees. In order to maintain the acquired military
skills, a military employee shall participate in military
training in accordance with the procedures determined by the
Minister for Defence.
(6) A military employee has the right to wear the uniform of a
soldier when participating in military training in accordance
with the procedures determined by the Minister for Defence.
(7) In the event of a declaration of a state of emergency or
war, a military employee shall be conscripted for the active
service in accordance with the procedures determined by the
Minister for Defence.
(8) A military employee shall be partially State supported. A
military employee shall receive soldier food rations, a soldier's
uniform, and the necessary equipment. Support conditions, norms
and procedures by which a military employee shall be provided
with material and technical resources shall be determined by the
Minister for Defence. A military employee shall not receive
soldier food rations if he or she has been granted compensation
for food rations.
[21 April 2022 / See Paragraph 31 of Transitional
Provisions]
Section 61. Employment Relationship
of Military Employees
[7 February 2013]
Section 62. Civil Employees
(1) Civil employees are persons who perform a specific job
(work) on the basis of an employment contract in units
(sub-units) in civil positions of staff in accordance with the
laws and regulations governing employment relationship.
(2) A civil employee shall receive remuneration for work in
conformity with the regulations for remuneration of employees to
be financed from the budget.
Chapter
XII
National Armed Forces' Reserve and Duties Thereof
[29 March 2007]
Section 63. National Armed Forces'
Reserve
(1) The National Armed Forces' reserve shall be composed of
reserve soldiers and reservists.
(2) The following shall be included in reserve soldiers:
1) soldiers who have been retired from professional service
(until the day of coming into force of this Law - active service
and full-time service) if they have successfully completed a
basic training course of a soldier at the level of individual
training and have not been removed from the military service
records, or admitted to the National Guard;
2) national guardsmen after termination of a contract on the
service in the National Guard if they have successfully completed
a basic training course of a national guardsman at the level of
individual training and have not attained the maximum age for
service in the National Armed Forces' reserve;
3) Latvian citizens who have voluntarily enlisted for the
service in the National Armed Forces' reserve and have
successfully completed a specific training course if they have
not attained the maximum age for service in the National Armed
Forces' reserve;
4) the youth guards and persons who have completed the
national defence programme, who have successfully completed the
training necessary for inclusion into reserve and have taken the
soldier's oath;
5) graduates of the secondary school if they have not been
accepted into professional service or admitted to the National
Guard;
6) military employees if they have successfully completed a
specific training course, have taken the oath of a soldier, and
have not attained the maximum age for service in the National
Armed Forces' reserve;
7) soldiers of the State defence service after completion of
the State defence military service;
8) Latvian citizens who have served in a foreign military
service before obtaining the Latvian citizenship;
9) Latvian citizens who have citizenship (nationality) of
another country and who have served in a foreign military
service;
10) Latvian citizens who have served in the service of the
European Union, the North Atlantic Treaty Organisation, a Member
State of the European Union, a Member State of the European Free
Trade Association, a member country of the North Atlantic Treaty
Organisation, the Commonwealth of Australia, the Federative
Republic of Brazil, New Zealand, or Ukraine or in the service of
such country with which the Republic of Latvia has entered into
an agreement for the recognition of dual citizenship.
(3) The following shall be included in reservists:
1) Latvian citizens - men who have attained 18 years of age
and are valid for military service;
2) Latvian citizens - women who have attained 18 years of age,
are valid for military service and express such wish;
3) Latvian citizens after completion of the State defence
civil service;
4) Latvian citizens who have performed the State defence civil
service (alternative service) in foreign countries before
obtaining the Latvian citizenship;
5) Latvian citizens who have citizenship (nationality) of
another country and who have performed the State defence civil
service (alternative service) in foreign countries.
[16 November 2017; 5 November 2020; 9 December 2021; 21
April 2022; 5 April 2023]
Section 64. Registration, Record of
Reserve Soldiers and Reservists and Conscription Thereof for the
Active Service
(1) Registration, record of reserve soldiers and reservists
and conscription thereof for the active service shall be
performed by the structural unit for the record of the National
Armed Forces' reserve in accordance with the procedures
stipulated by the Cabinet.
(2) The structural units for the record of the National Armed
Forces' reserve, for the performance of the functions specified
by the law, are entitled to request and receive the necessary
information from the Population Register, State administration
institutions, local governments, health care institutions and
other legal persons free of charge regarding a person subject to
military service record. The procedures for requesting and
issuance of the information shall be regulated by the Cabinet
regulations.
(3) Reserve soldiers shall be in the National Armed Forces'
reserve until the attainment of the maximum age for service in
the National Armed Forces' reserve determined in this Law.
Reservists shall be in the National Armed Forces' reserve until
the attainment of 60 years of age.
(4) In case of mobilisation, reserve soldiers and reservists,
except for those referred to in Section 63, Paragraph three,
Clauses 3, 4, and 5 of this Law, shall be conscripted for the
active service if:
1) he or she meets the requirements stipulated by the Minister
for Defence for the state of health;
2) he or she is not or has not been a staff employee or a
supernumerary of the security service, intelligence or
counter-intelligence service of the USSR, Latvian SSR or a
foreign country, or an agent, resident or safe-house keeper;
3) he or she has not been punished for an especially serious
crime, unless the criminal record has been set aside or
extinguished.
(5) The reservists referred to in Section 63, Paragraph three,
Clauses 3, 4, and 5 of this Law shall be mobilised in accordance
with the procedures prescribed by the Mobilisation Law for the
work at the institutions subordinated to the Ministry of
Defence.
[5 November 2020; 21 April 2022; 5 April 2023]
Section 65. Duties of Reserve
Soldiers and Reservists
(1) A reserve soldier and reservist have a duty:
1) [19 February 2015];
2) in the event of mobilisation to perform that determined in
the summons issued by the structural unit for the record of the
National Armed Forces' reserve.
(2) A reserve soldier has a duty:
1) to arrive to military training at the place and time
determined in the summons;
2) to arrive to medical examination at the place and time
determined in the summons;
3) to maintain and improve the battle knowledge, skills and
preparedness necessary for military speciality determined during
the time of active service.
[7 February 2013; 19 February 2015]
Section 66. Procedures for
Conscription of Reserve Soldiers for Regular and Control Military
Training
(1) A reserve soldier may be conscripted for regular or
control military training in the units of the National Armed
Forces. Time and place of military training, as well as the
number of participants shall be determined by the Commander of
the National Armed Forces.
(11) The Commander of the National Armed Forces
may, once a year following a reasoned request from a reserve
soldier, postpone the planned control military training to
another time, if inevitable circumstances independent of will of
the reserve soldier have been revealed which the Commander of the
National Armed Forces has recognised as justifiable.
(12) For five years after completion of the State
defence military service, the reserve soldier retired from the
State defence military service may be conscripted for the regular
military training once a year for a period of up to seven days.
After five years, the reserve soldier retired from the State
defence military service may be conscripted for the military
training in accordance with the provisions of Paragraphs three,
four, five, and 5.1 of this Section.
(2) During military training a reserve soldier shall perform
active service, he or she shall have the status of a soldier, and
the time of training shall be included in his or her length of
service.
(3) A reserve soldier may be conscripted for military training
for the following time period:
1) a soldier of the corps of officers - up to nine months in
total, up to 60 days within a year;
2) a soldier of the corps of non-commissioned officers and
privates - up to six months in total, up to 30 days within a
year.
(4) The interval between the regular military training in
which reserve soldiers are involved shall be not less than four
years.
(5) In between the regular military training, the reserve
soldier may be conscripted for the control training of up to 10
days both during the time free from work and during the time of
work. This time shall be included in the total time of military
training.
(51) In between the regular military training, the
reserve soldier may be conscripted for the control training which
exceeds the time period referred to in Paragraph five of this
Section, both during the time free from work and during the time
of work if the reserve soldier and the employer agree to that.
This time shall be included in the total time of military
training.
(6) Organisation of military training, materials and technical
facilities and financing thereof, as well as all-type provision
of a reserve soldier during the military training shall be
determined by the Minister for Defence.
(7) An employer or educational institution shall release a
reserve soldier conscripted for military training for the time
period indicated in the assignment from fulfilment of work
(official) duties or training (studies), retaining the work place
(position) or the right to continue training (studies) on the
same conditions as before conscription for military training, and
in conformity with the maximum period of military training
indicated in Paragraph three of this Section. The employer may
disburse the employee a remuneration for the period spent in
military training. A reserve soldier conscripted for military
training shall be paid a compensation for each day of military
training from the State budget resources allocated to the
Ministry of Defence. The amount of compensation and the
procedures for payment thereof shall be determined by the
Cabinet. Section 21, Paragraphs one, two, and four of the Law on
Remuneration of Officials and Employees of State and Local
Government Authorities shall apply to a reserve soldier during
military training.
(71) A reserve soldier conscripted for military
training shall be compensated for transport expenses incurred by
using his or her personal or public transport from the declared
place of residence to the place of performance of service duties
specified in the summons and back, as well as to the place of the
check of the state of health and back. Expenses for the use of
taxi shall not be compensated. The Cabinet shall lay down the
conditions, procedures for and extent to which compensation for
transport expenses shall be paid to the reserve soldier.
(72) If temporary incapacity for work has occurred
to a reserve soldier conscripted for military training during the
training and sick-leave certificate has been issued thereto, he
or she shall be released from participation in the military
training for the period of incapacity for work, and the
disbursement of the compensation specified in Paragraph seven of
this Section shall be suspended. If the employer does not
disburse the sick pay for the period of temporary incapacity for
work which falls on the period of military training or the
sickness benefit is not paid to a reserve soldier during the
period of sick-leave certificate B which falls on the period of
military training, compensation for the sick pay shall be paid to
a reserve soldier from the funds of the State budget allocated to
the Ministry of Defence. The amount of the compensation for the
sick pay shall not exceed the amount of compensation specified in
Paragraph seven of this Section. The amount of compensation for
the sick pay and the procedures for its disbursement shall be
determined by the Cabinet.
(8) A reserve soldier shall not be conscripted for the regular
or control training:
1) due to the state of health;
2) if the reserve soldier is the sole provider for dependant
family members or at least two pre-school age children are
dependent on him or her;
3) if the reserve soldier is a suspect or the accused in the
criminal proceedings for committing an intentional criminal
offence, he or she has been punished for a serious or especially
serious crime regardless of extinction or setting aside of
conviction, he or she has been sentenced for a serious or
especially serious crime by releasing him or her from the
punishment or the criminal proceedings for committing a serious
or especially serious crime initiated against him or her have
been terminated for reasons other than exoneration;
4) if the reserve soldier is serving in institutions of the
system of the Ministry of the Interior or the Prison
Administration;
5) if the conscription of the reserve soldier for training
does not correspond to the interests of the national security in
accordance with the opinion of the Defence Intelligence and
Security Service.
[12 June 2003; 10 June 2004; 29 March 2007; 20 November
2008; 21 October 2011; 19 February 2015; 16 November 2017; 7
March 2019; 9 December 2021; 21 April 2022; 5 April 2023]
Section 66.1 Procedures
for Conscripting Reservists for the Regular and Control Training
After Completion of the State Defence Civil Service
(1) The reservists referred to in Section 63, Paragraph three,
Clause 3 of this Law may be conscripted for the regular or
control training of the State defence civil service at the
institutions subordinated to the Ministry of Defence. The time,
place, and number of participants of the reservist training shall
be determined by the Minister for Defence.
(2) The Minister for Defence may, upon a reasoned request of a
reservist, postpone the control training of the State defence
civil service scheduled for the reservist to a later period once
a year if such imminent circumstances beyond the control of the
reservist have come to light which are deemed as justifying by
the Minister for Defence.
(3) For five years after completion of the State defence civil
service, the reservists referred to in Section 63, Paragraph
three, Clause 3 of this Law may be conscripted for the regular
training of the State defence civil service once a year for a
period of up to seven days. After five years, the reservist may
be conscripted for the State defence civil service training in
accordance with the provisions of Paragraphs five, six, seven,
and eight of this Section.
(4) During the State defence civil service training, the
reservist shall perform the State defence civil service, he or
she shall have the status of the State defence civil service
performer, and the period of training shall be included in his or
her length of service.
(5) The reservist referred to in Section 63, Paragraph three,
Clause 3 of this Law may be conscripted for the State defence
civil service training for a total period of up to six months, up
to 30 days within a one-year period.
(6) The interval between the regular training of the State
defence civil service in which reservists are involved shall be
no less than four years.
(7) The reservist referred to in Section 63, Paragraph three,
Clause 3 of this Law may be conscripted for the control training
in between the regular training of the State defence civil
service for up to 10 days both during the time free from work and
during the time of work. This time shall be included in the total
period of the State defence civil service training.
(8) The reservist referred to in Section 63, Paragraph three,
Clause 3 of this Law may be conscripted for the control training
in between the regular training of the State defence civil
service that exceeds the period referred to in Paragraph seven of
this Section both during the time free from work and during the
time of work if the reservist and his or her employer agree to
that. This time shall be included in the total period of the
State defence civil service training.
(9) Organisation of the State defence civil service training,
materials and technical facilities and financing thereof as well
as provision of the reservist during the State defence civil
service training shall be determined by the Minister for
Defence.
(10) An employer or educational institution shall release a
reservist conscripted for the State defence civil service
training for the time period indicated in the assignment from
fulfilment of work (official) duties or training (studies),
retaining the work place (position) or the right to continue
training (studies) on the same conditions as before conscription
for the State defence civil service training, and in conformity
with the maximum period of the State defence civil service
training indicated in Paragraph five of this Section. The
employer may disburse the employee a remuneration for the period
spent in the State defence civil service training. The reservist
conscripted for the State defence civil service training shall be
paid a compensation for each day of the State defence civil
service training by using the funds from the State budget
assigned to the Ministry of Defence. The amount of compensation
and the procedures for payment thereof shall be determined by the
Cabinet. Section 37 of the Law on Remuneration of Officials and
Employees of State and Local Government Authorities shall be
applicable to the reservist during the period of the State
defence civil service training.
(11) The reservist conscripted for the State defence civil
service training shall be compensated for the transport expenses
incurred by using his or her personal or public transport from
the declared place of residence to the place of performance of
civil service duties specified in the summons and back, as well
as to the place of the examination of the state of health and
back. Expenses for the use of taxi shall not be compensated. The
Cabinet shall determine the conditions, procedures for and extent
to which compensation for the transport expenses shall be paid to
the reservist.
(12) If temporary incapacity for work has occurred to the
reservist conscripted for the State defence civil service
training during the training and a sick-leave certificate has
been issued thereto, he or she shall be released from
participation in the State defence civil service training for the
period of incapacity for work and the disbursement of the
compensation specified in Paragraph ten of this Section shall be
suspended. If the employer does not disburse the sick pay for the
period of temporary incapacity for work which falls on the period
of the State defence civil service training or the sickness
benefit is not paid to the reservist during the period of
sick-leave certificate B which falls on the period of the State
defence civil service training, compensation for the sick pay
shall be paid to the reservist from the funds of the State budget
allocated to the Ministry of Defence. The amount of compensation
for the sick pay shall not exceed the amount of compensation
specified in Paragraph ten of this Section. The amount of
compensation for the sick pay and the procedures for its
disbursement shall be determined by the Cabinet.
(13) The reservist referred to in Section 63, Paragraph three,
Clause 3 of this Law shall not be conscripted for regular or
control training:
1) due to the state of health;
2) if the reservist is the sole provider for dependant family
members or at least two children of pre-school age are dependent
on him or her;
3) if the reservist is the suspect or the accused in the
criminal proceedings for committing an intentional criminal
offence, he or she has been convicted of a serious or especially
serious crime regardless of extinction or setting aside of
conviction, he or she has been convicted of a serious or
especially serious crime by releasing him or her from the
punishment or the criminal proceedings for committing a serious
or especially serious crime initiated against him or her have
been terminated for reasons other than exoneration;
4) if the conscription of the reservist for training does not
correspond to the interests of national security in accordance
with the opinion of the Defence Intelligence and Security
Service.
[5 April 2023]
Section 67. Awarding of Ranks to
Reserve Soldiers
(1) A reserve soldier who has completed a relevant training
programme during military training and has passed the necessary
tests shall be awarded the current rank, but not higher than the
rank of captain (lieutenant commander), in accordance with the
procedures stipulated by the Minister for Defence in accordance
with the requirements of this Law.
(2) A reserve soldier who has served in the armed forces of
another country may be awarded a rank similar to his or her rank
that is documentarily proven and a rank of a soldier
corresponding to his or her military preparedness in accordance
with the procedures laid down in this Law.
[12 June 2003; 29 March 2007]
Section 67.1 Voluntary
Enlisting for Service in the National Armed Forces' Reserve
(1) A Latvian citizen who complies with the conditions
specified in Section 16 of this Law and requirements for the
service into reserve may voluntarily enlist for service in the
National Armed Forces' reserve and successfully complete a
specific military training course. Time and place of the training
shall be determined by the Commander of the National Armed
Forces.
(2) During military training a Latvian citizen shall perform
active service, he or she shall have the status of a soldier, and
the time of training shall be included in his or her length of
service.
(3) The procedures for organising voluntary military training,
as well as materials and technical facilities, financial
provision and support shall be laid down by the Minister for
Defence.
(4) During military training a Latvian citizen shall be paid a
compensation for each day of military training from the State
budget resources allocated to the Ministry of Defence. The
Cabinet shall lay down the procedures for paying compensation to
a Latvian citizen who has voluntarily enlisted for service in the
National Armed Forces' reserve, and amount of the compensation.
Section 21, Paragraphs one, two and four of the Law on
Remuneration of Officials and Employees of State and Local
Government Authorities shall apply to a Latvian citizen during
military training.
[16 November 2017]
Section 68. Removal of Reserve
Soldiers and Reservists from the Military Service Record
A reserve soldier and reservist shall be removed from the
military service record:
1) if he or she has attained the maximum age determined for
the National Armed Forces' reserve;
2) if he or she has been recognised as unfit for military
service due to the state of health;
3) when he or she is accepted into professional service;
31) when he or she has joined the National
Guard;
4) if he or she loses the Latvian citizenship;
5) in the event of death.
[11 March 2010]
Chapter XIII
Awarding and Liability of Soldiers
Section 69. Awards
(1) The following awards are determined to mark the
achievements of a soldier - outstanding heroism, courage during
the performance of combat tasks -, to promote exemplary conduct
and assiduity:
1) praise and appreciation;
2) [29 March 2007];
3) [29 March 2007];
4) promotion to the private first class (seaman first class)
rank;
5) [21 October 2010];
6) monetary prizes and other valuable prizes;
7) decorations and honorary certificates of honour of the
Ministry of Defence and the National Armed Forces;
8) a personal firearm or non-firearm weapon - for outstanding
heroism, courage during the performance of combat tasks;
9) promotion in the rank for achievements in battle or other
achievements prior to the term;
10) honorary State decorations, medals and orders;
11) a supplementary leave up to 10 days.
(2) Procedures for awarding of soldiers shall be laid down in
military rules of procedure.
[29 March 2007; 21 October 2010; 7 February 2013]
Section 70. Liability of
Soldiers
(1) A soldier shall be subject to disciplinary liability,
administrative liability or criminal liability for unlawful
actions, compensation for material losses caused shall be
collected from him or her in accordance with the procedures laid
down in laws and regulations.
(2) [21 April 2022]
[21 April 2022]
Section 71. Basis and Scope of Civil
Liability of Soldiers
(1) If a soldier has caused losses to a unit, institution
which ensures provision of soldiers with material and technical
resources, or institution of the National Armed Forces
(hereinafter - the legal person) in which he or she holds a
position as a result of unlawful, culpable action, the soldier
has the obligation to reimburse the losses incurred by the legal
person.
(2) If the losses to a legal person have been caused due to
the malicious intent of the soldier or due to such unlawful,
culpable actions by him or her as are not related to the
performance of military service, the soldier shall be liable for
all the losses of the legal person.
[5 November 2020]
Section 72. Basis for Release of a
Soldier from Civil Liability
A soldier shall be fully or partially released from civil
liability if the legal person itself was also at fault for
causing the losses by not providing appropriate conditions for
the performance of service or the equipment necessary for
service. The extent of the civil liability of a soldier shall be
determined depending on the circumstances of the case, especially
taking into account the extent to which the prevailing fault has
been that of the soldier or of the legal person.
Section 73. Civil Liability of
Several Soldiers
If losses to a legal person have resulted from the unlawful,
culpable action of several soldiers, the liability of each
soldier shall be determined in conformity with his or her
participation in causing the losses and with the degree of his or
her fault.
Section 74. Procedures for
Compensation of Losses and Making Deductions
(1) A soldier may voluntarily, fully or partly, reimburse the
losses caused to a legal person. With the consent of the legal
person the soldier, in order to reimburse losses, may transfer an
item of equivalent value or repair the damage.
(2) Deductions, which arise from the rights to reclaim of a
legal person, may be made from the monthly salary to be disbursed
to the soldier, giving a written order regarding making a
deduction not later than within two months from the day of
disbursement of the overpaid amount or the day of expiry of the
time period specified for repayment of advance payment, notifying
the soldier thereof without delay, in order to reclaim:
1) the amounts, which have been disbursed due to an error of
the legal person, if the soldier knew about the overpayment or he
or she should have known according to the circumstances, or the
overpayment is based on such circumstances which bear the guilt
of the soldier;
2) the advance payment, which has been disbursed on the
account of the monthly salary, as well as the unused advance
payment not repaid in due time which has been disbursed to the
soldier due to official travel.
(3) The legal person has the right to deduct such amount of
losses from the monthly salary to be disbursed to the soldier,
which has occurred to such person due to unlawful, guilty action
of the soldier. A written consent of the soldier is required for
making such deduction.
(4) If the soldier contests the grounds or amount of the right
to reclaim of a legal person or reimbursement of losses, the
legal person may bring a claim to the court within two years from
the day of disbursement of the overpaid amount, the day of expiry
of the time period specified for repayment of advance payment or
the day of causing losses. The amount of deductions shall be
determined and they shall be made in conformity with the
restrictions laid down in the Civil Procedure Law.
[7 February 2013]
Section 75. Disciplinary
Sanctions
[5 November 2020 / See Paragraph 28 of Transitional
Provisions]
Chapter XIV
Administrative Offences in the Field of Performance of Military
Service and Competence within the Administrative Offence
Proceedings
[3 October 2019 / Chapter shall
come into force on 1 July 2020. See Paragraph 26 of Transitional
Provisions]
Section 76. Unlawful Circulation of
a Soldier's Uniform, its Components, or Identifying Insignia
For unlawful circulation of the soldier's combat, everyday,
dress, or ceremonial uniform or its components, rank or surname
insignia, a fine of up to four hundred units of fine shall be
imposed on a natural person, but a fine of up to four thousand
units of fine on a legal person.
[3 October 2019 / Section shall come into force on 1 July
2020. See Paragraph 26 of Transitional Provisions]
Section 77. Unlawful Wearing of a
Soldier's Uniform
For unlawful wearing of the soldier's combat, everyday, dress,
or ceremonial uniform, whether worn with or without the
identifying insignia, a fine of up to four hundred units of fine
shall be imposed.
[3 October 2019 / Section shall come into force on 1 July
2020. See Paragraph 26 of Transitional Provisions]
Section 78. Failure to Comply with
the Procedures for Accounting of Reserve of the National Armed
Forces
For failure to comply with the procedures for accounting of
reserve of the National Armed Forces, if it is committed by a
person subject to such accounting, a fine of up to fourteen units
of fine shall be imposed.
[3 October 2019 / Section shall come into force on 1 July
2020. See Paragraph 26 of Transitional Provisions]
Section 79. Reserve Soldier's
Failure to Attend Military Training
For failure of a reserve soldier to attend regular or control
military training at the place and time specified in the summons
issued by the reserve record unit of the National Armed Forces, a
fine of up to seventy units of fine shall be imposed.
[3 October 2019 / Section shall come into force on 1 July
2020. See Paragraph 26 of Transitional Provisions]
Section 80. Competence in
Administrative Offence Proceedings
Administrative offence proceedings for the offences referred
to in this Chapter shall be conducted by the Military Police.
[3 October 2019 / Section shall come into force on 1 July
2020. See Paragraph 26 of Transitional Provisions]
Transitional Provisions
1. With the coming into force of this Law, the following are
repealed:
1) the law On Defence Forces (Latvijas Republikas Augstākās
Padomes un Valdības Ziņotājs, 1992, No. 46/47/48; Latvijas
Republikas Saeimas un Ministru Kabineta Ziņotājs, 1994, No.
13, 23; 1995, No. 2; 1996, No. 14; 1997, No. 6, 20; 1999, No. 14,
24; 2001, No. 1);
2) the decision of the Presidium of the Supreme Council of the
Republic of Latvia On Ranks and Appointment to Positions of
Soldiers of the Defence Forces of the Republic of Latvia
(Latvijas Republikas Augstākās Padomes un Valdības
Ziņotājs, 1992, No. 1, 15/16);
3) the decision of the Presidium of the Supreme Council of the
Republic of Latvia On Approving of the Wording of the Oath of
Soldier of the Republic of Latvia and the Regulation on
Procedures for Taking the Oath of Soldier of the Republic of
Latvia (Latvijas Republikas Augstākās Padomes un Valdības
Ziņotājs, 1991, No. 47/48).
2. Until the day of the coming into force of the relevant
Cabinet regulations, but not longer than by 31 December 2003, the
following Cabinet Regulations shall be in force insofar as they
are not in contradiction with this Law:
1) Cabinet Regulation No. 177 of 21 May 1996, Regulation on
Material Provision of Military Personnel of the National Armed
Forces;
2) Cabinet Regulation No. 124 of 7 April 1998, Regulation on
Remuneration of Mandatory Active Military Service Soldiers;
3) Cabinet Regulation No. 147 of 21 April 1998, Regulation on
Soldier Food Rations.
[19 December 2002]
3. Cabinet Regulation No. 241 of 29 June 1999, Regulation on
the Remuneration System for Soldiers and National Guard Privates,
shall be in force until the moment when Cabinet regulations come
into force which must be issued in accordance with Section 48 of
this Law, but not later than by 31 December 2003.
[12 June 2003]
4. With the date of coming into force of this Law, the
full-time national guardsmen of the National Guard of the
Republic of Latvia shall become soldiers, but part-time national
guardsmen shall become national guardsmen. The corps of national
guardsmen of the National Guard shall retain the National Guard
rank "national guardsman" and "senior national guardsman" but the
corps of non-commissioned officers and officers of the National
Guard shall be determined (awarded) the general soldier ranks in
accordance with the procedures stipulated by the Minister for
Defence.
5. A soldier for whom the right to the next rank comes up
prior to 30 April 2003 shall be granted such rank according to
the provisions of law that were in force until 1 July 2002.
6. A person who, upon joining the National Guard, has taken
the oath of a national guardsman shall not take the oath of a
soldier when becoming a soldier.
7. If necessary, the Minister for Defence may prolong the time
of service for a professional service soldier who has attained
the maximum age for active service prescribed by this Law within
six months from the date of coming into force of this Law in
accordance with the requirements of this Law by entering into a
terminated professional service contract.
8. A soldier for whom the time of service has been prolonged
by the order of the Minister for Defence before coming into force
of this Law, until the time specified in the service prolongation
order shall not be retired from active service on the basis of
the requirements of Section 41 of this Law due to the attainment
of the maximum age if he or she meets other requirements of this
Law. A professional service contract with such soldier shall no
longer be entered into.
9. Rank awarding provisions prescribed in Section 33 of this
Law with respect to the necessity for education and fluency in a
foreign language for soldiers who have been accepted into active
service before coming into force if this Law, shall come into
force on 1 July 2004.
9.1 The conditions for the awarding of ranks
provided for in Section 33, Clause 6 of this Law regarding the
necessity for a relevant education, shall, for soldiers who were
enlisted for active service prior to the coming into force of
this Law, come into force on 31 December 2006.
[12 June 2003]
9.2 The following restrictions are determined for
enrolment in military educational institutions until 31 December
2006:
1) in the course of junior staff officers - up to 40 years of
age;
2) in the course of senior staff officers - up to 47 years of
age.
[10 June 2004]
10. Section 53, Paragraph five and Section 54 of this Law
shall come into force on 1 March 2003.
11. Until 1 March 2003 if retirement from professional service
takes place in accordance with Section 57, Paragraph one, Clause
1 of this Law, the retirement allowance in the amount of previous
three monthly salaries shall be paid to a soldier whose length of
service is 25 years and more, but in the amount of two previous
monthly salaries - to a soldier whose length of service is less
than 25 years.
12. The maximum age of a soldier provided for in Section 41,
Paragraph one, Clause 2, Sub-clause "b" of this Law in relation
to higher non-commissioned officers shall come into force on 1
January 2009. By that time the maximum age for higher
non-commissioned officers in the professional service shall be 55
years.
[10 June 2004]
13. The provision provided for in Section 48, Paragraph two of
this Law regarding encompassing the time of mandatory active
military service in the length of service shall be applicable
from 1 July 2002.
[17 March 2005]
14. The provision provided for in Section 27, Paragraph three
of this Law regarding social guarantees for a soldier who has
been transferred to a State security institution shall come into
force concurrently with the relevant amendments to the State
Security Institutions Law.
[17 March 2005]
15. If within a year after retirement from mandatory active
military service a retired soldier has died due to injury
(mutilation, concussion) or illness, the cause of which is
related to the performance of military service (occupational
disease), a compensation shall be paid to the spouse and
descending relatives of the deceased soldier, but if there are no
descending relatives, then to ascending relatives of the closest
degree in the amount of 50 000 lats.
[29 March 2007; 13 December 2012]
16. Conditions of Section 50, Paragraph 1.1 of this
Law shall be applicable from 1 January 2007.
[29 March 2007]
17. The remuneration specified in accordance with this Law
(service salary, monetary prizes, benefits, etc.) in 2009 shall
be determined in compliance with the Law on Remuneration of
Officials and Employees of State and Local Government Authorities
in 2009.
[12 December 2008]
18. One-time interest-free loan that an officer has received
until 30 June 2009, upon entering into the relevant contract
thereon, shall be repaid in accordance with the procedures
specified by the contract.
19. The conditions for retirement referred to in Section 43,
Paragraph two, Clauses 10 and 11 of this Law shall not be
applicable to soldiers who have commenced the service until 31
December 2010, if these conditions for retirement have arisen in
relation to a criminal offence committed until 31 March 2013.
[21 October 2010; 7 February 2013]
20. The conditions for awarding ranks provided for in Section
32.2 of this Law in relation to the necessity to
complete the specialist soldier basic course or other courses
equivalent thereto, the specialist non-commissioning officer
course or other courses equivalent thereto for soldiers who has
been recruited in active service prior to the coming into force
of such amendments, which introduce the position of a specialist
soldier and specialist non-commissioning officer, shall be
applicable from 1 July 2016.
[12 September 2013; 19 February 2015]
21. Amendment to Section 17.1 of this Law regarding
supplementation thereof with Paragraph five (regarding the rights
of youth guard to receive paid health care) shall come into force
on 1 January 2016. The Cabinet shall issue the regulations
referred to in Section 17.1, Paragraph five of this
Law by 31 December 2015.
[19 February 2015]
22. The maximum age of a soldier in professional service
provided for the performance of military service in Section 41,
Paragraph one, Clause 3 of this Law shall not be applicable to
lieutenants who have been awarded the rank until the day of
coming into force of amendment to this Clause and who have not
expressed a wish to continue professional service according to
the new conditions. The maximum age for such soldiers in
professional service in the rank of a lieutenant shall be 35
years.
[19 February 2015]
23. Serving time to attain a regular service rank for the
junior specialist officers, who have obtained a masters' degree
in law prior to coming into force of the amendment to this Law
regarding deletion of Section 32.1, Paragraph three,
shall be reduced by one year.
[16 November 2017]
24. The conditions regarding service ranks provided for in
Section 33, Paragraph one, Clauses 9 and 10 of this Law with
regard to the serving of two and three years in the current
service rank by the soldiers, who have been accepted into active
service prior to coming into force of these amendments, shall be
applicable from 1 January 2018.
[16 November 2017]
25. Section 16, Paragraph 2.1 of this Law shall
come into force on 1 January 2019. The Cabinet shall issue the
regulations referred to in Section 16, Paragraph 2.1
of this Law by 31 December 2018.
[16 November 2017]
26. Chapter XIV of this Law shall come into force concurrently
with the Law on Administrative Liability.
[3 October 2019]
27. The Cabinet shall issue the regulations referred to in
Section 45, Paragraph one of this Law by 1 January 2020.
[3 October 2019]
28. Amendment to Section 4, Paragraph three of this Law
regarding the deletion of the words "and a disciplinary penalty -
arrest may not be imposed upon him or her", amendment to Section
6 of this Law regarding the new wording thereof, and amendments
regarding the deletion of Section 9, Paragraph two and Section 75
of this Law shall enter into force concurrently with the Military
Disciplinary Liability Law.
[5 November 2020]
29. Amendment regarding the deletion of Section
17.1, Paragraphs one, three, four, and five of this
Law shall enter into force concurrently with the law on national
defence training and Youth Guard.
[5 November 2020]
30. The soldiers referred to in Section 44, Paragraph
4.2 of this Law who have repaid training costs or part
thereof from 1 January 2015 until coming into force of the
aforementioned Paragraph of the Section and have served anew at
least five years shall be reimbursed for the training expenses
paid thereby.
[9 December 2021]
31. Employees who do not meet the requirements for the state
of health laid down in Section 60.1 of this Law or who
have not completed the basic training for military employees
shall be entitled to perform office duties of a military employee
no longer than by 1 January 2024 and the conditions laid down in
Section 60.1 regarding the duration of the working
day, wearing of a uniform, participation in military training,
being partially State supported, and the granting of the soldier
food rations or the compensation thereof shall not be applicable
to these employees. The employment relationship with the
employees who do not meet the requirements for the state of
health laid down in Section 60.1 of this Law or who
have not completed the basic training for military employees
shall be terminated as of 1 January 2024 due to failure to comply
with the mandatory requirements for professional ability or state
of health set for the position.
[21 April 2022]
The Law shall come into force on 1 July 2002.
The Law has been adopted by the Saeima on 30 May
2002.
Acting for the President,
Chairperson of the Saeima J. Straume
Rīga, 18 June 2002
1 The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)