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

State Ensured Legal Aid Law

Chapter I
General Provisions

Section 1. Purpose of this Law

The purpose of this Law is to promote the right of a natural person to a fair court protection by ensuring State guaranteed financial support for the receipt of legal aid.

Section 2. Application of this Law

This Law regulates the general rules for the provision of the State ensured legal aid (hereinafter - the legal aid).

Section 3. Right to Legal Aid

(1) The following persons have the right to legal aid:

1) a citizen of Latvia;

2) a non-citizen of Latvia;

3) a stateless person;

4) a European Union citizen who is not a citizen of the Republic of Latvia but legally resides in the Republic of Latvia;

5) a third-country national (including a refugee and a person who has been granted the alternative status in the Republic of Latvia) who is not a citizen of a European Union Member State if he or she legally resides in the Republic of Latvia and has received a permanent residence permit;

6) a person who has the right to legal aid ensured by the Republic of Latvia in accordance with the international agreements entered into by the Republic of Latvia;

7) an asylum seeker;

8) a person whose permanent place of residence or domicile is one of the European Union Member States in cross-border disputes;

9) a foreigner who is subject to the removal process in the cases and according to the procedures specified by the Immigration Law (hereinafter - the foreigner to be removed).

(2) The natural persons referred to in Paragraph one, Clauses 1, 2, 3, 4, and 5 of this Section have the right to request legal aid if:

1) they have obtained the status of a low-income or needy person in accordance with the procedures specified by the laws and regulations regarding the recognition of a natural person as a low-income or needy person;

2) they find themselves suddenly in a situation and material condition which prevents them from ensuring the protection of their rights (due to a natural disaster, force majeure circumstances, or other circumstances beyond their control) or are on full support of the State or local government (hereinafter - the special situation).

(2¹) The natural persons referred to in Paragraph one, Clauses 1, 2, 3, 4, 5, 6, and 8 of this Section have the right to request legal aid in the relevant categories of cases according to the exceptions of the rights to representation referred to in Section 82.¹ of the Civil Procedure Law if the income of such persons does not exceed the minimum monthly wage specified in the State, the state of property is appropriate for the receipt of legal aid, and they have paid the contribution for the receipt of legal aid. The Cabinet shall determine in which cases the state of property and income level of the persons referred to in Paragraph one, Clauses 1, 2, 3, 4, 5, 6, and 8 of this Section shall be regarded as appropriate for the granting of legal aid in the abovementioned categories of cases and the procedures for the evaluation of such persons.

(3) The natural persons referred to in Paragraph one, Clauses 6, 8, and 9 of this Section have the right to request legal aid if these persons, taking into account their special situation or state of property and income level, are unable to ensure the protection of their rights. The Cabinet shall determine in which cases the state of property and income level of the persons referred to in Paragraph one, Clauses 6, 8, and 9 of this Section shall be regarded as appropriate for the granting of legal aid and the procedures for the evaluation thereof.

(4) A legal representative of the child who is a citizen or non-citizen of Latvia (hereinafter - the national of Latvia) has the right to receive financial support for the protection of the infringed or contested rights of a person or his or her interests protected by the law which are related to the discontinuation or removal of the custody rights of the child (hereinafter - the financial support) in a European Union Member State or a third country (hereinafter together - the foreign country) in accordance with the conditions and procedures provided for in Chapter IV.² of this Law.

[12 June 2009; 4 August 2011; 2 February 2017; 6 September 2018]

Section 4. Obligations and Liability of Legal Aid Applicants

(1) A person does not have the right to abuse his or her status of a low-income or needy person, his or her special situation, state of property, and income level for the receipt of legal aid.

(2) A person has the obligation to apply for legal aid in a timely manner, except where it has not been possible due to objective circumstances.

(3) A person has the obligation to cooperate during the process of receiving legal aid by submitting the necessary information and documents to the Court Administration or legal aid provider in a timely manner and in the amount requested.

(4) A person has the obligation to inform the Court Administration or legal aid provider in a timely manner, but not later than one working day in advance, except for the case when it has not been possible due to objective circumstances, that he or she is unable to attend a meeting with the legal aid provider or the court hearing.

(5) During receipt of legal aid, a person has the obligation to submit to the Court Administration documents which certify the conformity thereof to the requirements laid down in Section 3 of this Law in any of the following cases:

1) the period of validity of the previously submitted documents has expired;

2) in the case referred to in Section 24 of this Law;

3) upon request by the Court Administration.

(6) The national of Latvia who has been granted the financial support has the obligation:

1) to submit the documents referred to in Section 14.¹⁰, Paragraph two, Clause 2 of this Law to the Court Administration;

2) to inform the Court Administration in a timely manner of the termination of proceedings regarding the discontinuation or removal of the custody rights of the child, and also of changes in the previously submitted information.

[3 May 2012; 30 May 2012; 2 February 2017; 26 October 2023]

Section 5. General Provisions for Legal Aid

(1) The State shall ensure legal aid for the out-of-court and in-the-court settlement of matters of legal nature or for the protection of infringed or contested rights of a person or his or her interests protected in the cases and ways and to the extent provided for by this Law.

(2) The State shall ensure legal aid to an asylum seeker in the appeals procedures within the process of granting asylum. The authority which is responsible for the examination of an application for asylum shall ensure the evaluation of the need for legal aid and the communication of the legal aid applicant with the legal aid provider.

(2¹) In the cases specified by the Immigration Law, the State shall ensure legal aid within the scope of the appeal of the decision on the contested voluntary return decision or the decision on the contested removal order to a foreigner to be removed who is staying in the Republic of Latvia. The institution which has detained the foreigner to be removed in the cases and according to the procedures specified by the Immigration Law shall ensure the communication of the person requesting legal aid with the legal aid provider who shall be invited to provide legal aid based on the list of legal aid providers referred to in Paragraph 33.¹ of this Law. If the legal aid provider provides legal aid at his or her place of practice, the communication of the legal aid applicant with the legal aid provider shall be ensured by the Court Administration.

(3) The State shall ensure legal aid to a person, evaluating his or her eligibility for the granting of legal aid, as well as the submission of a person for legal aid and the information indicated in the documents appended thereto, except for the cases specified by law.

(3¹) In the case specified in Section 3, Paragraph 2.¹ of this Law, the person shall make contribution for the receipt of legal aid to the basic budget account of the Court Administration. The amount of the contribution for the receipt of legal aid and the procedures for its paying and repaying shall be determined by the Cabinet.

(4) The expenditures related to the ensuring of the legal aid provided in accordance with the procedures specified by this Law shall be covered from the State budget funds provided for such purpose.

(5) The extent of legal aid shall be determined in hours and in the form of specific activities. The Cabinet shall determine the types and extent of legal aid, the amount of payment and the reimbursable expenditures related to the provision of legal aid, the amount of such expenditures and procedures for their disbursement.

(6) In the cases specified by this Law, a person shall cover all expenditures related to legal aid in full. The expenditures for legal aid shall be recovered from a person in the cases and in accordance with the procedures laid down in this Law, the Criminal Procedure Law, and the Civil Procedure Law.

(7) The State shall not cover the expenditures related to conducting a case, except for the expenditures for legal aid and expenditures related thereto.

(8) In exceptional cases, legal aid shall be provided in additions to the type and extent of legal aid specified by this Law, not taking into account the provisions referred to in Section 6, Clauses 5 and 6 of this Law, if the non-provision of legal aid would significantly restrict the fundamental rights of a person guaranteed by the Constitution of the Republic of Latvia.

[12 June 2009; 4 August 2011; 10 December 2015; 6 September 2018; 26 October 2023]

Section 6. Grounds for Refusal of Legal Aid

Legal aid shall be refused if:

1) the person does not meet the criteria referred to in Section 3 of this Law;

2) this Law does not provide for the respective case for ensuring legal aid;

3) the legal aid for which the person has applied is unfounded;

4) the person has not applied for legal aid in a timely manner;

5) the competent authority has assisted the person by indicating the options for solving the legal situation, preparing the documents necessary for the protection or exercising of the rights of the person, or by providing aid of another kind, and therefore legal aid is no longer necessary;

6) within the last two years since the previous application for legal aid, the provision of legal aid to the person has been suspended due to the fact that he or she had provided false information when applying for legal aid;

7) the person who subject to the obligation to repay the expenditures related to legal aid has not done it within the term and in the amount specified;

8) it concerns a claim directly linked to the economic activities or commercial activities of the person, or independent professional activities, except when the provision of legal aid is necessary in Constitutional Court proceedings;

9) it is related to customs or tax issues, except when the provision of legal aid is necessary in Constitutional Court proceedings;

10) it concerns a claim regarding defamation and injuring dignity;

11) it is related to the compensation of moral detriment, except when the provision of legal aid is related to the reimbursement of moral detriment caused to the victim as a result of a criminal offence;

12) a dispute is settled in an arbitration court or by using other alternative mechanisms for the settlement of disputes;

13) [10 December 2015];

14) it concerns a claim related to luxury items or luxury services;

15) the expenditures related to the provision of legal aid are incommensurably high in comparison with the amount of the claim;

16) the decision has been taken in respect of a person on the suspension of the provision of legal aid based on Section 33, Paragraph seven, Clause 4 of this Law and a year has not passed since the taking of this decision;

17) the opinion on the ineffectiveness of further legal aid has been received from the legal aid provider;

18) the conditions for the receipt of legal aid specified in Section 9.¹, Paragraph one of this Law have not become applicable to the person.

[12 June 2009; 3 May 2012; 10 December 2015; 6 September 2018]

Chapter II
Ensuring of Legal Aid

[26 October 2023]

Section 7. Ensuring of Legal Aid

The Court Administration shall be the institution responsible for the ensuring of legal aid in the cases and in accordance with the procedures laid down in this Law.

[26 October 2023]

Section 8. Tasks of the Court Administration in the Ensuring of Legal Aid

The Court Administration shall have the following tasks in the ensuring of legal aid:

1) to disburse resources intended for legal aid in accordance with the procedures specified by laws and regulations and to administer the contributions of persons for the receipt of legal aid;

2) to ensure purposeful and efficient use of the State budget funds;

3) in the cases specified by law, to recover the State budget funds granted for the ensuring of legal aid.

[6 September 2018; 26 October 2023]

Chapter III
Extrajudicial Legal Aid

Section 9. Extrajudicial Legal Aid

The State shall ensure legal counsels and the drawing up of procedural documents:

1) for the protection of the infringed or contested rights of a person or his or her interests protected by the law in a civil legal dispute;

2) [21 October 2010];

3) in order to prepare an application or a claim to the court or a settlement document if the person is involved in a dispute of legal nature in which legal proceedings are possible.

[12 June 2009; 21 October 2010]

Chapter III.¹
Legal Aid in Constitutional Court Proceedings

[6 September 2018]

Section 9.¹ Provision of Legal Aid in Constitutional Court Proceedings

(1) The State shall ensure legal aid in Constitutional Court proceedings for a person upon the constitutional complaint of which the Constitutional Court has taken the decision to refuse to initiate a case, indicating the lack of legal grounds or its clear insufficiency for the satisfaction of the claim as the only basis for such decision.

(2) The person may submit the submission for legal aid in Constitutional Court proceedings not later than two months prior to the expiry of the term for the submission of a constitutional complaint.

[6 September 2018]

Section 9.² Types of Legal Aid in Constitutional Court Proceedings

The State shall ensure the following in Constitutional Court proceedings:

1) legal counsels;

2) drawing up of procedural documents;

3) provision of legal aid at a court hearing.

[6 September 2018]

Chapter IV
Legal Aid in Civil Cases

Section 10. Provision of Legal Aid in Civil Cases

A person may request legal aid in a civil case until the coming into effect of the court ruling.

[12 June 2009]

Section 11. Types of Legal Aid in Civil Cases

The State shall ensure the following legal aid during court proceedings in a civil case:

1) legal counsels;

2) drawing up of procedural documents;

3) representation in court.

[12 June 2009]

Section 12. Concept of a Cross-border Dispute

[12 June 2009]

Section 13. Forwarding of a Submission in a Cross-border Dispute

[12 June 2009]

Section 14. Examination of Submissions Received in Cross-border Disputes

[12 June 2009]

Chapter IV.¹
Legal Aid in Cross-border Disputes

[12 June 2009]

Section 14.¹ Concept of a Cross-border Dispute

A cross-border dispute is a dispute in which the permanent residence or domicile of the persons referred to in Section 3, Paragraph one, Sub-clause 8 of this Law which are applying for legal aid at the time of receipt of the respective application for legal aid is not in a country where the court hearing takes place or the court ruling or public act is to be enforced.

[3 May 2012]

Section 14.² Provision of Legal Aid in Cross-border Disputes

(1) The State shall ensure legal aid in cross-border disputes outside the court and in the court.

(1¹) The Court Administration shall not ensure legal aid to foreign requesters and applicants in the cases specified in Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations and the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance. In such cases, legal aid shall be ensured by the Administration of the Maintenance Guarantee Fund in accordance with the procedures and to the extent specified by the Maintenance Guarantee Fund Law.

(2) The grounds for the refusal of legal aid specified in Section 6, Clauses 5, 10, 11, 12, 13, 14, and 15 of this Law shall not be applicable to the receipt of legal aid in cross-border disputes.

(3) A person may apply for legal aid in a civil case of a cross-border dispute whilst a court ruling or public act has not been enforced.

[9 June 2011; 3 May 2012; 26 October 2023]

Section 14.³ Types of Legal Aid in Cases of Cross-border Disputes

(1) The State shall ensure the following in cases of cross-border disputes:

1) legal counsels;

2) drawing up of procedural documents;

3) representation in court.

(2) In addition to that referred to in Paragraph one of this Section, a person has the right to receive the following:

1) services of an interpreter;

2) a translation of such document requested by the court or the competent authority and submitted by the recipient of legal aid which is necessary for the adjudication of the case;

3) the payment of such expenditures which are related to attendance of court hearings, if the presence of the person in court is provided for in law or if the court requests it when deciding that the relevant person cannot be heard in another way.

Section 14.⁴ Submission and Forwarding of Submissions in a Cross-border Dispute

(1) If a person whose permanent place of residence or domicile is the Republic of Latvia wishes to receive legal aid in a cross-border dispute, he or she shall submit the relevant submission to the Court Administration.

(2) The Court Administration shall forward the submission referred to in Paragraph one of this Section within seven days from the day of receipt of the translation thereof to the competent authority of another country.

(3) The Court Administration shall refuse to forward the submission if it is not related to a cross-border dispute. A person may dispute this decision in accordance with the procedures laid down in Section 26 of this Law.

[26 October 2023]

Section 14.⁵ Examination of Submissions Received in Cross-border Disputes

(1) If the Court Administration receives a submission for legal aid forwarded by the competent authority of another country, it shall be examined in accordance with general procedures.

(2) The special situation of a person shall be evaluated by the same criteria that are used in the examination of applications for legal aid not related to cross-border disputes.

(3) The eligibility of the state of property and income level for the granting of legal aid shall be evaluated in accordance with the Cabinet regulations provided for in Section 3, Paragraph three of this Law.

(4) A person who wishes to receive legal aid in a cross-border dispute may request legal aid also if he or she proves that he or she is unable to pay the expenditures related to legal aid due to the differences in the welfare level between the country of his or her permanent residence or domicile and the country where the court hearing is taking place.

[26 October 2023]

Chapter IV.²
Granting and Ensuring of the Financial Support to the Nationals of Latvia for the Protection of the Infringed or Contested Rights of a Person or his or her Interests Protected by the Law which are Related to the Discontinuation or Removal of the Custody Rights of the Child in the Foreign Countries

[2 February 2017 / Chapter shall come into force on 1 April 2017. See Paragraph 20 of Transitional Provisions]

Section 14.⁶ Ensuring of the Financial Support

(1) The State shall ensure the financial support to the nationals of Latvia for the protection of the infringed or contested rights of a person or his or her interests protected by the law which are related to the discontinuation or removal of the custody rights of the child by paying for the following in relation to a legal aid provider in the foreign countries:

1) legal counsel;

2) representation in court proceedings or an institution in reviewing a decision taken thereby if the laws and regulations of the foreign country do not provide for court proceedings in such processes. Representation shall be paid for if the statement of the legal aid provider on the usefulness and necessity of representation has been received after the legal aid provider has provided legal counsel in the foreign country.

(2) The national of Latvia has the right to receive the financial support in the case indicated in Paragraph one of this Section if:

1) he or she does not fall within the range of subjects who have the right to receive legal aid in the relevant foreign country, except for non-conformity to the criteria of financial situation;

2) there is no legal aid system in the foreign country or legal aid is not meant to be provided in the relevant category of cases;

3) he or she falls within the range of subjects who have the right to receive legal aid in the relevant foreign country, has turned to the competent authority of the relevant country for the receipt of such aid, however, the appointed legal aid provider of the foreign country has recognised that legal aid is not useful in the case or it is not possible to initiate or continue provision of legal aid due to circumstances beyond control of the national of Latvia;

4) if the circumstances referred to in Paragraph two, Clause 1, 2, or 3 of this Section exist, the national of Latvia has agreed on conducting the case with a legal aid provider in the foreign country.

(3) The amount of the financial support, the conditions and procedures for its disbursement shall be determined by the Cabinet.

[2 February 2017 / Section shall come into force on 1 April 2017. See Paragraph 20 of Transitional Provisions]

Section 14.⁷ Submitting of Submissions

(1) If the national of Latvia wishes to receive the financial support, he or she shall submit a relevant submission to the Court Administration.

(2) The sample forms of the submission for the receipt of the financial support and the procedures for submitting sample forms shall be approved by the Cabinet.

(3) The following shall be appended to the submission:

1) the documents certifying that the foreign competent authority has warned the person or has initiated proceedings regarding the discontinuation or removal of the custody rights of the child;

2) the refusal of the foreign country to ensure legal aid or certification that there is no legal aid system in the foreign country or legal aid is not meant to be provided in the relevant category of cases;

3) information on the legal aid provider in accordance with Section 14.⁶, Paragraph two, Clause 4 of this Law, indicating the given name, surname or the name of the legal aid provider, the address of the practice and contact information thereof, certified copies of the agreement for the provision of legal aid in which the type of legal aid is indicated, and of the document certifying the right of the legal aid provider to provide legal aid in the foreign country.

(4) The national of Latvia shall submit the submission in Latvian language, appending the documents referred to in Paragraph three of this Section. The Court Administration shall ensure translation of such documents issued by the court, competent authority, or foreign legal aid provider which are necessary for the Court Administration to be able to take the decision to ensure the financial support as well as translation of the letter of guarantee referred to in Section 14.¹⁰ of this Law.

[2 February 2017; 26 October 2023]

Section 14.⁸ Examination of a Submission and Taking of a Decision

(1) The Court Administration shall examine a submission within 14 days from the day of receipt of the submission or, if translation of the documents appended to the submission is necessary, from the day of the receipt of the translation of such documents and shall decide on the granting of the financial support.

(2) If the submission does not conform to the requirements of Section 14.⁷ of this Law, the Court Administration shall request the elimination of the detected deficiencies, specifying a term which may not be less than 14 days. In such case, the Administration shall take the decision to grant the financial support or refuse to grant it within 14 days from the day when all the necessary information or documents have been submitted or the deadline for their submission has expired.

(3) The Court Administration shall take the decision to refuse to grant the financial support if the person:

1) does not meet the criteria referred to in Section 14.⁶, Paragraphs one and two of this Law;

2) has not initially addressed the foreign competent authority with a request to ensure legal aid, except when there is no legal aid system in the foreign country or legal aid is not meant to be provided in the relevant category of cases;

3) requests the financial support in a case which is not related to the discontinuation or removal of the custody rights of the child in the foreign country;

4) requests the financial support in a case in which the foreign competent authority has not issued a warning and has not initiated proceedings regarding the discontinuation or removal of the custody rights of the child;

5) has not submitted the indicated information or documents within the term indicated by the Court Administration.

[2 February 2017; 26 October 2023]

Section 14.⁹ Procedures for the Contesting and Appeal of Decisions

The national of Latvia may contest and appeal the decision of the Court Administration to refuse to grant the financial support in accordance with the procedures laid down in Section 26 of this Law.

[2 February 2017; 26 October 2023]

Section 14.¹⁰ Letter of Guarantee of the Court Administration

(1) The Court Administration shall, within 14 days after it has taken the decision to grant financial support, prepare a letter of guarantee for granting the financial support to pay for the legal aid provided in the foreign countries by the legal aid provider.

(2) In the letter of guarantee, the Court Administration shall:

1) indicate the person who has been granted the financial support, and the category of the case in which the financial support has been granted;

2) inform of the amount of the granted financial supper, the conditions and procedures for its disbursement, and also of the necessity to submit documents to the Court Administration certifying that the legal aid provider in has provided legal counsel or ensured representation to the national of Latvia in the foreign country.

[2 February 2017; 26 October 2023]

Section 14.¹¹ Discontinuation of the Financial Support

The Court Administration shall discontinue the provision of the financial support and inform the national of Latvia if he or she has not submitted to the Court Administration the document referred to in Section 14.¹⁰, Paragraph two, Clause 2 of this Law certifying provision of legal aid.

[2 February 2017; 26 October 2023]

Chapter V
Legal Aid in Administrative Cases

Section 15. Provision of Legal Aid in Administrative Cases

The State shall ensure legal aid in administrative cases and a person may request legal aid until the coming into effect of the final court ruling:

1) in appeals procedures within the process of granting asylum;

2) within the scope of the appeal of the decision on the contested voluntary return decision or the decision on the contested removal order;

3) within the scope of the appeal of the decision of the Orphan's and Custody Court on the protection of the rights and legal interests of a child;

4) in the case and in accordance with the procedures laid down in the Administrative Procedure Law.

[10 December 2015; 2 February 2017]

Section 16. Types of Legal Aid in Administrative Cases

The State shall ensure the following in administrative cases:

1) legal counsels;

2) the drawing up of procedural documents;

3) representation in court.

[12 June 2009]

Chapter VI
Legal Aid in Criminal Cases

Section 17. Provision of Legal Aid in Criminal Cases

A person who has the right to defence and representation in accordance with the law may request legal aid until the time of the coming into effect of the final court ruling.

[12 June 2009]

Section 18. Types of Legal Aid in Criminal Cases

The State shall ensure the following in criminal cases:

1) [21 October 2010];

2) the drawing up of procedural documents in criminal proceedings;

3) defence or representation in criminal proceedings.

[12 June 2009; 21 October 2010]

Section 19. Provision of Defence

(1) A State ensured advocate shall be called for the defence of a person in criminal proceedings in the cases and according to the procedures specified by the Criminal Procedure Law.

(2) The procedures by which the submission for legal aid specified by this Law shall be submitted and examined and the decision to grant legal aid or refuse to grant legal aid shall be taken do not apply to the provision of defence in criminal proceedings.

[19 June 2008 / The new wording of Section shall come into force on 1 January 2009. See Transitional Provisions]

Section 20. Provision of Representation

(1) A State ensured advocate for the representation of a person in criminal proceedings shall be invited in the cases and according to the procedures specified by the Criminal Procedure Law.

(2) The procedures by which the submission for legal aid specified by this Law shall be submitted and examined and the decision to grant legal aid or refuse to grant legal aid shall be taken do not apply to the provision of representation in criminal proceedings.

[21 October 2010]

Chapter VII
Procedures for the Provision of Legal Aid

Section 21. Competent Authority

The Court Administration shall examine submissions for legal aid, take decisions to grant legal aid or refuse to grant it, and notify the decision to the submitter, and also appoint the legal aid provider in the cases specified in this Law.

[2 February 2017; 26 October 2023]

Section 22. Submission for Legal Aid and Information Regarding Legal Aid

(1) A person who wishes to receive legal aid shall submit the following:

1) a submission for legal aid - a completed legal aid application form;

2) if necessary, copies of the documents certifying the information indicated in the form;

3) documents certifying the eligibility of the person for the receipt of legal aid.

(2) The Cabinet shall approve the sample legal aid application.

(3) A person may receive the legal aid application form and also information on the completion of the form and the documents to be attached thereto at the Court Administration or the local government in the administrative territory of which the person has his or her declared place of residence or where he or she legally stays.

(4) The legal aid application form and information on the completion thereof shall be issued free of charge.

(5) A person shall submit a submission for legal aid (a completed legal aid application form) to the Court Administration.

(5¹) The foreigner to be removed shall submit a submission for requesting legal aid and income (within the meaning of this Law - the submission for legal aid) in the cases and in accordance with the procedures laid down in the Immigration Law.

(6) A person may receive information regarding legal aid in the appeals procedures within the process of granting asylum from the authority which is responsible for the examination of the application for asylum.

(6¹) A person may receive information in respect of legal aid for the appeal of the decision on the contested voluntary return decision or the decision on the contested removal order in the cases and according to the procedures specified by the Immigration Law.

(7) If the decision to grant legal aid has been taken, a person has received legal aid, but the scope of legal aid specified in the Cabinet regulations provided for in Section 5, Paragraph five of this Law has not been fully used and the person wishes to receive further legal aid, he or she shall submit a submission to the Court Administration for further legal aid and, if necessary, copies of the documents which certify the information referred to in the submission.

(7¹) If the foreigner to be removed has not requested legal aid in accordance with the procedures specified by the Immigration Law and wishes to receive legal aid during the court proceedings of administrative case, he or she shall submit the submission for legal aid specified in the Immigration Law in accordance with the procedures specified by this Law. The Court Administration shall examine the abovementioned submission within the term specified in Section 23, Paragraph one of this Law.

[12 June 2009; 4 August 2011; 3 May 2012; 10 December 2015; 6 September 2018; 26 October 2023]

Section 23. Procedures for Examining Submissions for Legal Aid and Submissions for Further Legal Aid

(1) The Court Administration shall, within 21 days, but in cases which affect the rights of children, within 14 days from the day when the submission for legal aid or submission for further legal aid was received, evaluate the necessity and scope for the provision of legal aid and take the decision to grant legal aid or refuse to grant it.

(1¹) The Court Administration shall, within 10 days after receipt of the submission for legal aid from the institution which has taken the decision on the contested voluntary return decision or the decision on the contested removal order in accordance with the procedures laid down in the Immigration Law, evaluate the relevant submission and take the decision to grant legal aid or refuse to grant it in accordance with the conditions and procedures referred to in this Law. The relevant institution shall also be notified of the decision taken.

(2) If the Court Administration establishes that additional information is necessary to take a decision, it shall, within seven days from the day of receipt of the submission, request additional information from the legal aid applicant and, if necessary, the legal aid provider, State and local government institutions, informing the legal aid applicant thereof.

(3) Requesting additional information shall suspend the term for taking the decision referred to in Paragraphs one and 1.¹ of this Section.

(4) If the Court Administration does not receive the information requested from a legal aid applicant within 15 days, it shall decide to refuse to grant legal aid.

(5) The decision to grant legal aid or to refuse to grant legal aid is an administrative act.

(6) The decision of the Court Administration to grant legal aid shall indicate the scope of the legal aid granted, the appointed legal aid provider, the place and time for the first meeting of the legal aid applicant and the provider, except for the case referred to in Section 33, Paragraph three of this Law.

(7) The decision to grant legal aid in the part regarding the appointment of a legal aid provider shall not be an administrative act.

(8) The Court Administration shall leave the submission for legal aid or a submission for further legal aid without examination if:

1) the person revokes the submission for legal aid or the submission for further legal aid in writing;

2) the person who has submitted the submission for legal aid or the submission for further legal aid has died.

(9) The procedures for submitting and examining a submission laid down in this Law shall not apply to ensuring legal aid in appeals procedures within the process of granting asylum and to administrative cases in which legal aid must be granted in the case and in accordance with the procedures laid down by the Administrative Procedure Law.

[12 June 2009; 4 August 2011; 10 December 2015; 2 February 2017; 26 October 2023]

Section 23.¹ Procedures for Examining Submissions for Legal Aid in Cases where the Representative, when Examining the Case on the Merits, May Only Be an Advocate

(1) The Court Administration shall, within a month from the day when the submission for legal aid or submission for further legal aid has been received, if the person requests it in the case referred to in Section 3, Paragraph 2.¹ of this Law, evaluate the need for the provision of legal aid and the scope thereof and shall take the decision to grant legal aid or refuse to grant it.

(2) If the Court Administration establishes that additional information is necessary to take a decision, it shall, within 14 days from the day of receipt of the submission, request additional information from the legal aid applicant and, if necessary, from the legal aid provider, State and local government institutions, and inform the legal aid applicant thereof.

(3) In the decision to grant legal aid, the Court Administration shall indicate the scope of the legal aid granted and the time until which the contribution for the receipt of legal aid must be made.

(4) If the contribution for the receipt of legal aid has been received, the Court Administration shall prepare an order for the legal aid provider within seven days. If the contribution for the receipt of legal aid has not been received, the Court Administration shall take the decision to suspend the granted legal aid in accordance with that laid down in Section 33, Paragraph seven of this Law.

(5) Provisions of Section 23, Paragraphs three, four, five, seven, and eight of this Law shall be applied when examining a submission.

[6 September 2018; 26 October 2023]

Section 24. Changes in Information

A legal aid applicant has the obligation to notify the Court Administration of changes in the information indicated in the submission immediately, but not later than within seven days after becoming aware of such changes.

[26 October 2023]

Section 25. Notification of the Decision

The decision to grant legal aid or refuse to grant legal aid shall be notified in writing, sending such notification to the address indicated by the legal aid applicant or delivering it in person. The decision to grant legal aid shall also be notified to the legal aid provider, except in the case referred to in Section 33, Paragraph three of this Law.

[12 June 2009]

Section 26. Procedures for the Contesting and Appeal of Decisions

(1) A person may contest and appeal the decision of the Court Administration to grant legal aid or refuse to grant it in accordance with the procedures laid down in the Administrative Procedure Law.

(2) The ruling of a District Administrative Court may be appealed by submitting a cassation complaint to the Department of Administrative Cases of the Supreme Court. The cassation complaint shall be examined in the written procedure and shall not require the consent of the participants to the administrative proceedings.

[3 May 2012; 6 September 2018; 26 October 2023]

Section 27. Repeated Examination of a Submission

(1) A person may not re-submit the submission for legal aid in a case regarding the same subject and on the same grounds, except in the cases referred to in Paragraph two of this Section.

(2) A repeated submission for legal aid in a case regarding the same subject and on the same grounds is permitted only if the person has complied with the decision of the Court Administration on the payment of the expenditures related to the previous provision of legal aid if such decision has been taken and at least one of the following cases exists:

1) essential changes in the special situation, state of property or income level of the person have occurred;

2) the person has acquired the status of a low-income or needy person.

(3) When establishing that the submission for legal aid in a case concerns the same subject and the same grounds, the Court Administration shall not examine it but return such submission to the person.

[3 May 2012; 26 October 2023]

Section 28. Legal Aid Register

(1) The Legal Aid Register shall be created and maintained by the Court Administration.

(2) The Cabinet shall determine the procedures for the establishment of the Legal Aid Register, the scope of and access to the information to be included therein.

[10 December 2015; 26 October 2023]

Chapter VIII
Legal Aid Providers

Section 29. Legal Aid Contract and Entry Into It

(1) A legal aid contract is a contract of public law which shall be entered into by the Court Administration with a legal aid provider.

(2) The following shall be indicated in a legal aid contract:

1) the contracting parties;

2) the competence of the legal aid provider;

3) type of legal aid which the legal aid provider undertakes to provide;

4) the liability of contracting parties;

5) the procedures for settling accounts and provisions for granting financial and other resources;

6) the procedures for the quality control of the provided legal aid;

7) the duration of the contract;

8) the cooperation conditions;

9) other essential provisions of the contract.

(3) A legal aid contract shall be entered into for a period not exceeding three years.

(4) A legal aid contract shall not be entered into with a person wishing to provide legal aid if the Court Administration has previously given notice of termination of a legal aid contract, except when the legal aid contract has been terminated based on Section 29.¹, Paragraph two, Clause 1 of this Law and the person has been acquitted or criminal proceedings have been terminated due to circumstances exonerating the person.

(5) A legal aid contract may not be entered into with the person referred to in the introductory part of Section 30, Paragraph one, Clause 5 of this Law if this person does not meet any of the requirements referred to in Section 30, Paragraph one, Clause 5, Sub-clauses a, b, c or d, or if any of the circumstances referred to in Section 29.¹, Paragraph two, Clauses 1, 2, 3, 4, or 5 of this Law is established.

[3 May 2012; 26 October 2023]

Section 29.¹ Expiry of Legal Aid Contract

(1) A legal aid contract shall expire:

1) upon expiry of the duration of the contract;

2) upon a notice of termination of one party;

3) upon mutual agreement of both parties;

4) upon the death of the legal aid provider.

(2) The Court Administration shall terminate a legal aid contract with the legal aid providers referred to in Section 30, Paragraph one of this Law in any of the following cases:

1) the legal aid provider is a person on trial, accused or suspect in criminal proceedings for intentionally committing a criminal offence;

2) the legal aid provider has been sentenced of intentionally committing a criminal offence irrespective of the extinguishment or setting aside of criminal record;

3) the legal aid provider has been convicted of intentionally committing a criminal offence but has been released from serving the sentence on the basis of limitation, amnesty, or clemency;

4) criminal proceedings against the legal aid provider for intentionally committing a criminal offence have been terminated on the basis of limitation, amnesty, or clemency;

5) the legal aid provider has been debarred from the number of sworn advocates or their assistants, dismissed from the office of a prosecutor or removed from the office of a sworn bailiff or assistant thereof, from the office of a sworn notary, an assistant thereof or the office of a judge;

6) the legal aid provider has refused to provide legal aid without a valid reason or does not provide legal aid in conformity with the order, or does not respond to requests from the Court Administration to provide legal aid;

7) at the time indicated in the order, the legal aid provider repeatedly cannot be reached at the address of the provision of legal aid without a justifying reason and has not informed the Court Administration of a change in the address;

8) violations of other provisions of this Law and the legal aid contract have been established in the actions of the legal aid provider (for example, the legal aid provider does not fulfil the conditions of the legal aid contract thoroughly or in a timely manner or has not submitted in a timely manner a notification to the Court Administration on the enforcement of its order) which could be grounds for the termination of the legal aid contract.

(3) The Court Administration shall, not later than one month before the expiry of the contract, evaluate cooperation with a legal aid provider and decide on the re-entry into a legal aid contract.

[3 May 2012; 26 October 2023]

Section 30. Legal Aid Providers

(1) A contract for the provision of legal aid may be entered into with:

1) a person who, in accordance with Section 4 of the Advocacy Law, may be an advocate in the Republic of Latvia;

2) a sworn notary;

3) a sworn bailiff;

4) a state recognised higher education institution which has been implementing an accredited study programme for not less than five consecutive years as a result of the completion of which a lawyer qualification is awarded and in which a course or unit developed for the provision of legal aid is headed by a Doctor of Law;

5) a natural person with the capacity to act who meets all the following requirements:

a) he or she has completed an accredited study programme in law at a higher education institution (academic study programme in law or a second-level higher vocational study programme in law and a lawyer qualification);

b) he or she is fluent in the official language;

c) he or she possesses good repute;

d) he or she has worked in a law specialty for at least five years following the acquisition of the qualification referred to in Sub-clause a) of this Clause;

6) an association or foundation registered in the Register of Associations and Foundations which conforms to the following requirements:

a) it has continuously ensured the provision of legal aid for at least five years;

b) it ensures that legal aid is provided by a person who conforms to the requirements referred to in Paragraph one, Clauses 1, 2, 3 or 5 of this Section;

c) it does not have insolvency or liquidation proceedings declared or initiated;

d) it has no tax and mandatory State social insurance contribution debts;

e) no illegal activities have been found in the professional activities thereof.

(2) The persons referred to in Paragraph one of this Section may provide legal aid after entry into a legal aid contract with the Court Administration.

(3) [3 May 2012]

[3 May 2012; 26 October 2023]

Section 31. Procedures for Examining Submissions for Entry into Legal Aid Contracts

(1) The persons referred to in Section 30, Paragraph one of this Law who wish to provide legal aid shall submit a submission to the Court Administration for entry into a legal aid contract, appending the documents certifying the information indicated therein. The Cabinet shall approve the standard form of the submission.

(2) The Court Administration shall evaluate the conformity of information with the information indicated in the submission and check the information on the reputation and qualification of the person.

(3) When inspecting the reputation of the person referred to in Section 30, Paragraph one, Clause 5 of this Law, the Court Administration has the right to request information on the conditions of Section 29.¹, Paragraph two, Clauses 1, 2, 3, 4, and 5 of this Law, and also on the administrative offences committed by the person.

(4) If the Court Administration requires additional information to take the decision to enter into a legal aid contract, the term referred to in Paragraph five of this Section shall be suspended until receipt of the information requested by the Court Administration.

(5) If the Court Administration establishes that a person possesses a suitable qualification, good repute, and corresponds to the category of persons referred to in Section 30, Paragraph one of this Law, it shall, within a month after receipt of the submission, take the decision to enter into a legal aid contract with the particular person. The Court Administration shall notify the respective person of the decision taken.

(6) A person may contest and appeal the decision of the Court Administration to enter into a legal aid contract, refuse to enter into a legal aid contract, or terminate a legal aid contract in accordance with the procedures laid down in Section 26 of this Law.

[3 May 2012; 26 October 2023]

Section 31.¹ Evaluation of Legal Aid Providers

(1) When taking the decision to enter into a legal aid contract, the Court Administration shall evaluate the conformity of a person to the requirements laid down in Section 30 of this Law, and also the skills and reputation of the person. When taking the decision to enter into a legal aid contract with the person referred to in Section 30, Paragraph one, Clause 5 of this Law, the Court Administration shall in addition evaluate the circumstances referred to in Section 29, Paragraph five of this Law.

(2) When taking the decision to re-enter into a legal aid contract or evaluating the termination of a legal aid contract, the Court Administration shall, in addition to that specified in Paragraph one of this Section, evaluate cooperation with the legal aid provider during the period of operation of the legal aid contract, the complaints received from the legal aid applicants regarding the quality of activities and communication of the legal aid provider, the timeliness and quality of the fulfilment of the obligations specified in the legal aid contract, and also the circumstances referred to in Section 29.¹, Paragraph two of this Law.

[3 May 2012; 26 October 2023]

Section 32. Obligations and Liability of Legal Aid Providers

(1) A legal aid provider shall provide legal aid in accordance with the provisions of this Law and a legal aid contract.

(2) A legal aid provider shall be liable for the quality of the legal aid provided in accordance with the provisions of this Law, other legal acts, and legal aid contract.

(3) A legal aid provider shall be liable for the losses caused as a result of his or her professional activities.

(4) The Court Administration has the right, in accordance with the procedures laid down in Section 35 of this Law, to recover losses from a legal aid provider which have been incurred by the Court Administration as a result of the professional activities of the legal aid provider.

(5) A legal aid provider may not refuse to provide legal aid, except when the legal aid applicant does not conform to the conditions of the legal aid contract or ethical considerations or restrictions provided for by laws and regulations do not permit such aid. The legal aid provider shall immediately notify the Court Administration thereof.

(6) A legal aid provider has the obligation to inform the Court Administration if the non-conformity of the legal aid recipient to the conditions referred to in Section 3 of this Law has been established.

(7) A legal aid provider shall respect confidentiality and, in compliance with the conditions specified in this Law and legal aid contract, shall not disclose to a third party information which has become known to the provider.

(8) A legal aid provider has the obligation to inform the court in a timely manner of the provision of legal aid in a case and also of the suspension of the provision of legal aid.

[3 May 2012; 10 December 2015; 26 October 2023]

Section 33. Assignment of Legal Aid Provider

(1) When taking the decision to grant legal aid, the Court Administration shall assign a legal aid provider to the specific case.

(2) The Court Administration shall choose a legal aid provider by taking into account his or her:

1) competence;

2) specialisation;

3) workload;

4) ability to provide legal aid in the specific case (for example, evaluate the possibility of a conflict of interests);

5) location in order to evaluate the distance the person has to travel to receive legal aid.

(3) In exceptional cases when, in taking the decision to grant legal aid, it is not possible to assign a legal aid provider and specify the time and place for the first meeting of the legal aid applicant and the provider, the Court Administration shall assign a legal aid provider after taking the decision to grant legal aid and inform the legal aid applicant of the scope of the legal aid and the time and place for the first meeting with the legal aid provider.

(4) The Court Administration shall indicate the following information in an order:

1) the given name, surname, personal identity number, place of residence and contact details of the legal aid applicant;

2) the given name, surname or name, place of practice and contact details of the legal aid provider;

3) the category of cases in which legal aid was granted;

4) the type and scope of legal aid;

5) the time for the legal aid provision;

6) the time and place for the first meeting of the legal aid applicant and the provider, or the procedures by which the legal aid applicant may contact the legal aid provider.

(5) The order is not an administrative act.

(6) The Court Administration shall assign a legal aid provider to an asylum seeker if the relevant request has been received from the authority which is responsible for the examination of the application for asylum and the evaluation of the necessity for legal aid.

(6¹) The Court Administration shall assign a legal aid provider to a person if a relevant decision has been received from a judge or court in the case and in accordance with the procedures laid down in the Administrative Procedure Law. The Court Administration shall notify the judge or court of the appointment of a legal aid provider.

(7) The Court Administration shall not ensure the enforcement of the decision taken to grant legal aid and shall suspend the provision of legal aid if:

1) the person submits the relevant request in writing;

2) the person to whom legal aid has been granted has died;

3) an opinion has been received from the legal aid provider on the ineffectiveness of further legal aid;

4) a person has, without a justified reason, repeatedly not visited the legal aid provider at the place and time indicated and has not notified the Court Administration or the legal aid provider of non-appearance or refuses to cooperate for the receipt of legal aid or ensuring the enforcement of the decision to grant legal aid;

5) after taking the decision to grant legal aid, it has been established that the person does not meet the requirements of Section 3 of this Law;

6) it is established that the expenditures related to ensuring legal aid are incommensurably high in comparison with the claim amount;

7) the person has provided false information when requesting legal aid;

8) the person has not paid the contribution for the receipt of legal aid in the case and according to the procedures laid down by this Law.

(8) The Court Administration has the right to suspend the enforcement of the decision to grant legal aid if additional information needs to be requested to provide legal aid. After receipt of the additional information, the Court Administration shall renew the enforcement of the decision to grant legal aid.

[12 June 2009; 3 May 2012; 2 February 2017; 6 September 2018; 26 October 2023]

Section 33.¹ List of Legal Aid Providers which Provide Legal Aid to Asylum Seekers and Foreigners to be Removed

(1) The Court Administration shall compile a list of the legal aid providers which provide legal aid in the cases and in accordance with the procedures laid down in the Asylum Law and the Immigration Law to asylum seekers or foreigners to be removed. Legal aid providers which have entered into a legal aid contract with the Court Administration shall be included in the abovementioned list, taking into account the competence, specialisation, location of the legal aid provider and other circumstances, and also the commitment to provide legal aid in the relevant category of cases.

(2) The Court Administration shall compile the list referred to in Paragraph one of this Section once every calendar quarter until the fifteenth date of the third month of each quarter and send it to the State Border Guard within five days.

[10 December 2015; 26 October 2023]

Chapter IX
Payment of the Expenditures Related to Legal Aid

Section 34. Obligation to Pay the Expenditures Related to Legal Aid

(1) A person who has received legal aid shall reimburse the expenditures related to legal aid in full amount if the Court Administration establishes that:

1) the person has indicated false information that has been the grounds for the receipt of legal aid;

2) the person abuses his or her right to legal aid, including fails to comply with the obligations specified in Section 4 of this Law;

3) the person has received undue legal aid;

4) [19 June 2008];

5) [12 June 2009].

(2) [12 June 2009]

(3) [12 June 2009]

(4) A person requesting legal aid in a cross-border dispute shall pay for the translation expenditures that are covered from the State budget if the competent authority of another country refuses the provision of legal aid.

[19 June 2008; 12 June 2009; 3 May 2012; 26 October 2023]

Section 35. Procedures for the Payment of the Expenditures Related to Legal Aid

(1) The Court Administration may, having established any of the cases referred to in Section 34 of this Law, take the decision on the payment of the expenditures related to the provision of legal aid. The abovementioned decision shall be taken not later than three years from the last day of the provision of the respective legal aid.

(2) The Court Administration shall notify a person of the decision taken in accordance with the procedures laid down in Section 25 of this Law. The person may contest and appeal this decision in accordance with the procedures specified in Section 26 of this Law.

(3) In the decision on the payment of the expenditures related to the provision of legal aid, the Court Administration shall indicate the amount of expenditures to be repaid and the State budget account into which they are to be transferred, and also the warning of the compulsory enforcement of the decision.

(4) A person shall pay the expenditures related to the provision of legal aid within 30 days from the day of entry into effect of the decision specified in Paragraph one of this Section and submit documents proving payment to the Court Administration.

(5) If there are substantiated reasons, a person may, by submitting a motivated submission in writing, request the Court Administration to divide the payment of the amount indicated in the decision specified in Paragraph one of this Section in instalments.

(6) If the payment of the amount of the expenditures to be repaid is divided in instalments, the whole amount shall be repaid not later than within one year from the day of entry into effect of the decision of the Court Administration on the payment of the expenditures which are related to the provision of legal aid.

(6¹) [10 December 2015]

(7) If a person does not comply with the decision specified in Paragraph one of this Section and does not voluntarily pay the expenditures related to the provision of legal aid, the Court Administration shall submit the decision on the payment of the expenditures related to the provision of legal aid to a sworn bailiff for compulsory enforcement in accordance with the procedures laid down in the Administrative Procedure Law. If the payment of the amount of expenses to be repaid is divided in instalments, the final repayment date or the date of failure to make the current payment according to the repayment schedule shall be considered as the voluntary enforcement term.

(8) The repaid expenses related to legal aid shall be transferred into the State budget.

(9) When ensuring the recovery of the expenses related to the provision of legal aid, the Court Administration has the right to request the necessary information from a person, other State and local government institutions, and also the right to request information from a sworn bailiff on the recovery proceedings of the expenses related to the provision of legal aid.

[21 June 2009; 3 May 2012; 10 December 2015; 6 September 2018; 26 October 2023]

Transitional Provisions

1. Until adoption of the regulations referred to in Section 3,Paragraph two of this Law, but not later than by 1 August 2005, the Cabinet Regulation No. 97 of 25 February 2003, Procedures by which a Family or Separately Living Person shall be Recognised as Needy, and the Cabinet Regulation No. 502 of 4 November 2002, Procedures by which Income and Material Status of Low-Income Person shall be Evaluated, shall be applied to determine the special situation, state of property, and income level of a person.

2. The Legal Aid Administration shall be established by 30 December 2005. Until the establishment of the Legal Aid Administration, the functions thereof shall be performed by the responsible department of the Ministry of Justice.

3. Section 3, Paragraph one, Clause 7 of this Law in relation to asylum seekers shall come into force on 1 January 2007.

4. Chapter V of this Law shall come into force on 1 January 2006.

5. Chapter VI of this Law shall come into force simultaneously with the Criminal Procedure Law.

6. Until the day of coming into force of the Cabinet regulations referred to in Section 5, Paragraph three of this Law which govern the types, scope and amount of payment of State ensured legal aid and the reimbursable expenses related to the provision of State ensured legal aid, the amount and procedures for the disbursement thereof, but not later than until 1 January 2009, the Cabinet Regulation No. 920 of 6 November 2006, Regulations Regarding the Types of State Ensured Legal Aid, the Maximum Number of Hours, Amount and Procedures for Payment, shall be applicable, insofar as it is not in contradiction with this Law.

[19 June 2008]

7. The amendments to this Law regarding the new wording of Section 9, Clause 2, Section 18, Clause 1, Sections 19 and 20, as well as Section 33, Paragraphs one and three shall come into force on 1 January 2009.

[19 June 2008]

8. The Legal Aid Administration shall examine the submissions for legal aid which have been received by the Legal Aid Administration until 30 June 2009, grant legal aid, and ensure it in accordance with such procedures and in those cases and amounts which were determined by the legal framework that was in force until 30 June 2009.

[12 June 2009]

9. In cases where legal aid has been granted until 30 June 2009, submissions for further legal aid shall be examined and legal aid shall be granted by the Legal Aid Administration in those cases and amounts which were determined by the legal framework that was in force until 30 June 2009.

[12 June 2009]

10. Until the day of coming into force of the Cabinet regulations referred to in Section 3, Paragraph three of this Law which govern the cases in which the state of property and income level of the person referred to in Section 3, Paragraph one, Clauses 6 and 8 of this Law is regarded as appropriate for the granting of legal aid, and the procedures for evaluation thereof, but not later than until 31 December 2009, the Cabinet Regulation No. 558 of 4 July 2006, Regulations Regarding the Conformity of the Special Situation, State of Property and Income Level of a Person for the Granting of State Ensured Legal Aid, shall be applicable, insofar as it is not in contradiction with this Law.

[12 June 2009]

11. Until the day of coming into force of the Cabinet regulations referred to in Section 5, Paragraph five of this Law which govern the types and scope of the State ensured legal aid, the amount of payment, and the reimbursable expenses related to the provision of State ensured legal aid, the amount and procedures for the disbursement thereof, but not later than until 31 December 2009, the Cabinet Regulation No. 1068 of 22 December 2008, Regulations Regarding the Scope and Procedures for the Payment of State Ensured Legal Aid, Reimbursable Expenses and the Procedures for the Disbursement Thereof, shall be applicable, insofar as it is not in contradiction with this Law.

[12 June 2009]

12. Until the day of coming into force of the Cabinet regulations referred to in Section 22, Paragraph two of this Law which govern the sample application form for legal aid, but not later than until 31 December 2009, the Cabinet Regulation No. 850 of 11 December 2007, Regulations Regarding Sample Application Forms for Legal Aid, shall be applicable, insofar as it is not in contradiction with this Law.

[12 June 2009]

13. In proceedings of private charges regarding criminal offences which have been classified according to Section 130, Paragraph two, Sections 157 and 158 of the Criminal Law in relation to defamation in the mass media, a State ensured advocate shall be assigned and ensured as a representative by the Legal Aid Administration to the victim according the procedures and to the extent determined by the legal framework which was in force until 31 December 2010. In proceedings of private charges regarding criminal offences which have been classified according to Section 130, Paragraph one of the Criminal Law, wherein court proceedings should be terminated after 31 December 2010 according to the procedures specified in the Criminal Law, the Legal Aid Administration shall not grant legal aid, shall not ensure the enforcement of the decision taken on legal aid and shall suspend the provision of legal aid, notifying the person thereof.

[21 October 2010]

14. If a submission requesting legal aid for the commencement of criminal proceedings in private charges is received or if the decision to grant legal aid for the commencement of criminal proceedings in private charges is taken until 31 December 2010, and criminal proceedings in a private charge have not been commenced until 31 December 2010, the Legal Aid Administration shall not grant legal aid, shall not ensure the enforcement of the decision taken on legal aid and shall suspend the provision of legal aid, notifying the person thereof, as well as informing the person of the rights and State ensured legal aid if subsequent legal aid is to be ensured in accordance with the procedures specified in the Criminal Procedure Law.

[21 October 2010]

15. Until 1 December 2011, the Legal Aid Administration shall compile the first list of legal aid providers referred to in Section 33.¹ of this Law and send it to the institution which detains a foreigner to be removed in the cases and according to the procedures specified by the Immigration Law.

[4 August 2011]

16. The amendments to this Law regarding the supplementation of Paragraph one of Section 3 with Clause 9, the supplementation of Section 5 with Paragraph 2.¹, the supplementation of Section 15 with words "within the scope of the appeal of the decision on the contested voluntary return decision or the decision on the contested removal order" after the word "asylum", the supplementation of Section 22 with Paragraphs 5.¹, 6.¹, and 7.¹, the supplementation of Section 23 with Paragraph 1.¹, as well as the amendments to Section 3, Paragraph three of this Law regarding the replacement of the figures and words "Clauses 6 and 8" with the figures and words "Clauses 6, 8, and 9" and the amendments to Section 23, Paragraph three of this Law regarding the replacement of the words "in Paragraph one" with the words and figures "in Paragraphs one and 1.¹" shall come into force on 23 December 2011.

[4 August 2011]

17. Until the day of coming into force of the Cabinet regulations referred to in Section 31, Paragraph one of this Law which provide that the Cabinet approves the sample application form for entry into legal aid contract, but not longer than until 30 September 2012, Cabinet Regulation No. 361 of 31 May 2005, Regulations Regarding Sample Application Forms for the Acquisition of the Status of the State Ensured Legal Aid Provider, shall be applicable insofar as it is not in contradiction with this Law.

[3 May 2012]

18. The amendments regarding the new wording of the first sentence of Section 14.², Paragraph 1.¹ of this Law shall come into force concurrently with the coming into force in the European Union of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance.

[3 May 2012]

19. Amendments to the second sentence of Section 5, Paragraph six and Section 5, Paragraph seven of this Law shall come into force on 1 March 2016.

[10 December 2015]

20. Amendments to Section 3 of this Law regarding its supplementation with Paragraph four and to Section 4 regarding its supplementation with Paragraph six, and Chapter IV.² of this Law "Granting and Ensuring the Financial Support to the Nationals of Latvia for the Protection of the Infringed or Contested Rights of a Person or his or her Interests Protected by the Law which are Related to the Discontinuation or Removal of the Custody Rights of the Child in Foreign Countries" shall come into force on 1 April 2017.

[2 February 2017]

21. The examination of the submissions submitted to the Legal Aid Administration and not examined until 31 December 2023 shall be ensured by the Court Administration as the successor in obligations of the Legal Aid Administration.

[26 October 2023]

22. Starting from 1 January 2024, the Court Administration as the successor in obligations of the Legal Aid Administration shall ensure the enforcement of the valid administrative acts issued by the Legal Aid Administration, ensuring the receipt of services and also the recovery of such expenditures which are related to the provision of legal aid.

[26 October 2023]

23. The Court Administration as the successor in obligations of the Legal Aid Administration shall enter the legal aid contracts entered into until 31 December 2023 with the legal aid providers as the contracting party.

[26 October 2023]

24. Until the relevant amendments are made, the term "Legal Aid Administration" used in other laws and regulations shall correspond to the term "Court Administration" used in this Law.

[26 October 2023]

Informative Reference to European Union Directives

[3 May 2012]

The legal norms arising from Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes have been included in this Law.

This Law shall come into force on 1 June 2005.

This Law has been adopted by the Saeima on 17 March 2005.

Acting for the President, the Speaker of the Saeima I. Ūdre

Rīga, 1 April 2005

¹ The Parliament of the Republic of Latvia

Translation © 2024 Valsts valodas centrs (State Language Centre)