By-law of the Ministry of the Interior

Issued pursuant to
Section 16, Paragraph one
of the State Administration Structure Law

I. General Provisions

1. The Ministry of the Interior (hereinafter - the Ministry) is the leading State administration institution in the internal affairs sector, which includes combating crime, protection of public order and safety and the protection of the rights and lawful interests of a person, State border security, fire-safety, fire-fighting, rescue, civil protection, record keeping and documentation of population, as well as the sub-sectors for migration and citizenship matters.

[15 December 2009]

2. The Ministry shall be directly subordinate to the Minister for the Interior (hereinafter - the Minister).

3. The Ministry shall be the superior institution for the State administration institutions that are subordinate to the Ministry.

II. Functions, Tasks and Competence of the Ministry

4. The functions of the Ministry shall be:

4.1. to formulate an internal affairs policy;

4.2. to organise and co-ordinate the implementation of the internal affairs policy; and

4.3. to perform other functions specified by external regulatory enactments.

5. In order to ensure the performance of the functions, the Ministry shall:

5.1. draft and implement the policy in the following areas:

5.1.1. the safety of persons and society;

5.1.2. combating crime;

5.1.3. intelligence and counter-intelligence for combating organised and economic crimes;

5.1.4. State border security of the Republic of Latvia;

5.1.5. civil protection, fire-safety, fire-fighting and rescue;

5.1.6. documentation and record keeping of population, as well as migration;

5.1.7. maintenance and renewal of material reserves;

5.1.8. citizenship;

5.2. [3 August 2004];

5.3. develop information and communication systems necessary for performance of the Ministry's functions;

5.4. perform other tasks specified in regulatory enactments.

[3 August 2004; 15 December 2009]

6. The Ministry shall:

6.1. develop draft legislative acts and policy planning documents that regulate the sector;

6.2. provide opinions regarding the draft legislative acts and policy planning documents developed by other institutions;

6.3. issue administrative acts in the cases specified by external regulatory enactments;

6.4. ensure the implementation of the sectoral policy in the State administration institutions that are subordinate to the Ministry, State undertakings under the jurisdiction of the Ministry and in State enterprises in which the Ministry holds State capital shares;

6.5. prepare and, in compliance with the procedures specified in regulatory enactments, submit proposals regarding the State budget financing necessary for the implementation of the measures provided for in regulatory enactments and the relevant policy planning documents and for the performance of the Ministry tasks;

6.6. within its scope of competence represent State interests in international organisations and institutions of the European Union;

6.7. perform private legal transactions on behalf of the State that are necessary to ensure the operation of the Ministry;

6.8. perform inspections of the performance of functions, as well as other inspections, in the State administration institutions that are subordinate to the Ministry;

6.9. ensure the development of the applications of the State-commissioned studies, as well as promote effective utilisation of study results in the development of the sectoral policy;

6.10. co-operate with other State administration institutions in the development and implementation of a single State policy in compliance with the procedures specified in regulatory enactments; and

6.11. inform the public regarding the sectoral policy and the operation of the institutions that are subordinate to the Ministry, consult with non-governmental organisations in the process of decision-making, promote social dialogue regarding issues that are related to the formulation and implementation of the policy, as well as involve representatives of the public in the administration of the State.

7. The Ministry has the right to:

7.1. in the cases specified in external regulatory enactments, request and receive free of charge from natural and legal persons governed by private law information and documents necessary for the performance of the Ministry tasks;

7.2. involve the representatives of ministries, other State administration institutions, local governments and other institutions in the resolution of sectoral policy matters;

7.3. participate in events organised by international organisations, enter into international co-operation agreements and co-ordinate international co-operation;

7.4. perform financial audit in the State administration institutions that are subordinate to the Ministry; and

7.5. exercise other rights specified in regulatory enactments.

III. Structure of the Ministry and Competence of Officials

8. The Minister shall manage the work of the Ministry.

9. The Minister:

9.1. shall represent the Ministry without a special authorisation;

9.2. shall issue orders to the State Secretary and political officials of the Ministry;

9.3. shall issue orders to the officials and employees of the Ministry administration who shall inform a superior official thereof;

9.4. shall issue orders to the administration officials and employees of the State administration institutions that are subordinate to the Minister and the Ministry and issue internal regulatory enactments binding to them insofar as it has not been otherwise specified in external regulatory enactments;

9.5. within the scope of the competence specified in external regulatory enactments, shall supervise the operation of the State administration institutions that are subordinate to the Minister or the Ministry, State undertakings under the jurisdiction thereof, enterprises in which the Ministry holds State capital shares, as well as the activities of the officials, or authorise for such supervision an appropriate official of the Ministry;

9.6. may revoke internal regulatory enactments, decisions and orders, except administrative acts, issued by the Parliamentary Secretary, State Secretary and other officials of the administration of the Ministry;

9.7. may repeal internal regulatory enactments, decisions and orders, except administrative acts, issued by the Minister and the officials of the State administration institutions that are subordinate to the Ministry, unless it has been otherwise specified in regulatory enactments;

9.8. shall appoint to and remove from office the State Secretary of the Ministry and the managers of the State administration institutions that are subordinate to the Ministry, insofar as it has not been otherwise specified in external regulatory enactments;

9.9. shall specify the internal audit system in the Ministry;

9.10. shall enter into international agreements in compliance with the procedures specified in external regulatory enactments; and

9.11. perform other functions specified in regulatory enactments.

10. The Parliamentary Secretary shall perform the duties specified in the State Administration Structure Law and other regulatory enactments.

11. The State Secretary shall:

11.1. organise the formulation of sectoral policy and strategy and the implementation of the sectoral policy;

11.2. manage the administrative work of the institution and organise the performance of the Ministry functions;

11.3. ensure the implementation of the orders of the Minister and the Parliamentary Secretary;

11.4. establish a rational structure for the performance of the Ministry functions;

11.5. plan financial resources for the State administration institutions that are subordinate to the Ministry;

11.6. take administrative decisions and issue internal regulatory enactments;

11.7. represent the Ministry without a special authorisation;

11.8. issue direct orders to the officials and employees of the administration of the Ministry;

11.9. ensure the continuity of the operation of the Ministry, if the political administration of the Ministry has changed; and

11.10. perform other functions of the manager of a direct State administration institution specified in the State Administration Structure Law and the functions specified in other regulatory enactments.

12. The State Secretary shall have deputies. The State Secretary shall specify the competence of the Deputy State Secretary, as well as the structural units of the Ministry directly subordinated to the relevant Deputy State Secretary.

13. The structural units of the Ministry are departments, the divisions and unaffiliated divisions thereof. The State Secretary shall establish, reorganise and liquidate departments, the divisions and unaffiliated divisions thereof. The head of the relevant structural unit, after co-ordination with the State Secretary, shall issue the rules of procedure of the departments, the divisions and unaffiliated divisions thereof.

14. Departments and unaffiliated divisions shall be subordinated to the State Secretary or his or her Deputy in accordance with the division of functions specified by the State Secretary.

15. A department shall be managed by the department director. The department director may have deputies. The competence of a department director and his or her deputies shall be specified in the description of the office of a public servant or in a contract of employment.

16. An unaffiliated division shall be managed by the head of the division. The head of an unaffiliated division may have a deputy. The competence of the head of a division and his or her deputy shall be specified in the description of the office of a public servant or in a contract of employment.

17. The Minister and the State Secretary may establish councils, working groups and commissions within the Ministry. Authorised representatives of other institutions, as well as private individuals, may be involved in the referred to institutions. The Minister or the State Secretary shall approve the by-laws of the institutions respectively.

IV. Mechanism for Ensuring the Rule of Law in the Operation of the Ministry and Reports on Ministry Operation

18. The State Secretary shall ensure the rule of law in the operation of the Ministry. The State Secretary shall be responsible for the establishment and operation of a system of examination of administrative decisions.

19. The State Secretary has the right to revoke decisions and internal regulatory enactments of administration officials of the Ministry.

20. The State Secretary shall take a decision regarding the administrative act issued by an administration official of the Ministry or the actual action of an administration official and employee contested by a private individual, unless it has been otherwise specified in external regulatory enactments.

21. A private individual may appeal to a court against the administrative acts issued by the State Secretary and his or her actual action.

22. The Ministry shall provide the Minister with a report regarding the implementation of the sectoral policy, the performance of the functions of the Ministry and the utilisation of budget resources at least once a year, as well as prepare a public report regarding the implementation of the sectoral policy in compliance with the procedures specified by regulatory enactments.

23. The Minister has the right to request a report at any time regarding the implementation of the sectoral policy or the policy of an individual field, as well as regarding the operation of a State administration institution that is subordinate to the Ministry.

V. State Administration Institutions that Are Subordinate to the Ministry, State Undertakings Under the Jurisdiction Thereof and Companies in which the Ministry Holds State Capital Shares

24. The following institutions are subordinate to the Ministry:

24.1. the Security Police;

24.2. the Information Centre of the Ministry of the Interior;

24.3. [25 June 2002];

24.4. the Office of Citizenship and Migration Affairs;

24.5. [21 December 2004];

24.6. [23 December 2003];

24.7. the State Police;

24.8. the State Border Guard;

24.9. the State Fire-fighting and Rescue Service;

24.10. [13 October 2009];

24.11. [30 November 2006];

24.12. [30 November 2006];

24.13. the Health and Sports Centre of the Ministry of the Interior;

24.14. [25 June 2009];

24.15. [6 January 2009];

24.16. [25 June 2009];

24.17. the Provision State Agency;

24.18. [16 February 2010].

[21 December 2004; 25 June 2009; 15 December 2009; 5 October 2010 (applicable from 1 October 2010)]

25. The Ministry is the holder of the capital shares of the State limited liability company Iekšlietu ministrijas poliklīnika (Polyclinic of the Ministry of the Interior).

[21 December 2004]

26. [21 December 2004]

Prime Minister E. Repše

Minister for the Interior M. Gulbis

Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)