Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
19 June 2008 [shall come
into force on 16 July 2008];
12 June 2009 [shall come into force on 1 July
2009];
21 October 2010 [shall come into force on 1 January
2011];
9 June 2011 [shall come into force on 18 June
2011];
4 August 2011 [shall come into force on 7 September
2011];
3 May 2012 [shall come into force on 30 May 2012];
10 December 2015 [shall come into force from 6 January
2016];
2 February 2017 [shall come into force from 1 March
2017];
6 September 2018 [shall come into force from 1 January
2019];
26 October 2023 [shall come into force from 1 January
2024].
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:
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)