Republic of Latvia Cabinet Regulation No. 101 Adopted 18 February 2014

Regulations Regarding Recording of International Treaties and Systematisation of Legal Acts

Issued pursuant to
Section 15, Paragraph two of
the Law On International Treaties of the Republic of Latvia,
Section 16, Paragraph one of
the Law On Official Publications and Legal Information

I. General Provision

1. This Regulation prescribes:

1.1. data to be included in the information system of official publications (hereinafter - the System) regarding International Treaties of the Republic of Latvia (hereinafter - the International Treaty);

1.2. procedures for submission of data regarding international treaties to the keeper of the System;

1.3. procedures and minimum requirements for systematisation of legal acts on the website of the System www.likumi.lv.

II. Recording of International Treaties

2. The Ministry of Foreign Affairs shall register the following data regarding the International Treaty in the System in the online data transmission mode:

2.1. in a public part:

2.1.1. the title in Latvian and English;

2.1.2. the contracting states;

2.1.3. the international organisation;

2.1.4. the date of acceptance, signing, coming into force, invalidity, temporary application, ratification (accession);

2.1.5. status;

2.1.6. language;

2.1.7. theme;

2.1.8. authentic text or link to it;

2.1.9. information regarding ratification (accession) and signing;

2.1.10. depositary;

2.1.11. reservations and declarations;

2.1.12. type (bilateral or multilateral);

2.1.13. link to related documents:

2.1.13.1. a notification regarding coming into force of the International Treaty, extension, suspension, termination thereof and stipulations and declarations expressed by the Republic of Latvia;

2.1.13.2. a legal act by which the International Treaty is approved;

2.1.13.3. translation of the International Treaty;

2.1. in a non-public part:

2.2.1. amount of a unit;

2.2.2. original, location thereof;

2.2.3. reference code;

2.2.4. physical condition;

2.2.5. notes;

2.2.6. other information where appropriate.

3. A keeper of the System shall supplement the information abovementioned in Sub-paragraph 2.1 of this Regulation with:

3.1. a reference to official publication of the International Treaty;

3.2. other information where appropriate.

III. Systematisation of Legal Acts

4. External laws and regulations, and also other legal acts present in the System (hereinafter - legal acts) shall be systematised on the website www.likumi.lv. By systematising legal acts the conformity of the text of the legal act with official publication shall be ensured and legal technical requirements shall be complied with.

5. At least the following information shall be indicated on the website www.likumi.lv for each legal act:

5.1. type of a legal act;

5.1. title of a legal act;

5.2. authority which has issued the legal act;

5.4. date of adoption of a legal act;

5.5. number of a legal act if any has been granted for the legal act;

5.6. date of publication of the legal act in the official publication Latvijas Vēstnesis [official Gazette of the government of the Republic of Latvia] and edition number;

5.7. status of a legal act;

5.8. date of coming into force or invalidity of a legal act;

5.9. related legal acts, if any.

6. When noting the status of a legal act the following shall be indicated:

6.1. "in force", if a legal act has come into force;

6.2. "has not yet come into force", if a legal act is adopted, but has not yet come into force;

6.3. "invalid", if:

6.3.1. a competent institution has recognised the legal act as invalid and the relevant information has been published in the official publication Latvijas Vēstnesis;

6.3.2. a legal act has been issued for a certain period of time or under a certain condition and the relevant period of time or condition has set in;

6.3.3. legal basis for issuing the law or regulation has become invalid (if the law or regulation has been issued on the basis of several legal norms, the law or regulation shall be noted as invalid, if all legal norms on the basis of which the relevant law or regulation has been issued have lost the validity thereof), unless it is provided for in the law or regulation of higher legal force to extend applicability of the relevant law or regulation for a certain period of time or until the day of setting in of a certain condition;

6.4. "invalid", if a competent authority has repealed the legal act or recognised it as invalid from the day of adoption thereof and the relevant information has been published in the official publication Latvijas Vēstnesis.

7. When indicating the date of coming into force of the legal act, the procedures for coming into force indicated in the legal act shall be taken into account. If the procedures for coming into force are not stipulated in the legal act, the procedures for coming into force laid down in the Law On Official Publications and Legal Information for the relevant type of legal act shall be taken into account. When indicating the date of coming into force of the International Treaty the notification of the Ministry of Foreign Affairs published in the official publication Latvijas Vēstnesis shall be taken into account.

8. When indicating related legal acts, the keeper of the System shall append a link to the legal act directing to:

8.1. amendments to the legal acts, if any;

8.2. abstract of the legal act (for laws and Cabinet regulations), if any is available on the website of the Saeima or Cabinet;

8.3. a development planning document, if a legal act is issued on the basis of the development planning document;

8.4. a legal act on the basis of which the relevant legal act is issued;

8.5. a legal act which is issued on the basis of the relevant legal act;

8.6. a legal act referred to in the text of the legal act;

8.7. a legal act which becomes invalid by the coming into force of the relevant legal act or a legal act by the coming into force of which the relevant legal act becomes invalid;

8.8. the judgement of the Constitutional Court, if the mater regarding conformity of the relevant legal act with the legal norm of higher legal force has been adjudicated in the Constitutional Court;

8.9. a translation of the legal act, if any is available on the website of the State Language Centre;

8.10. other related documents, if any.

9. When systematising legal acts, the keeper of the System shall:

9.1. arrange them in chronological, alphabetical sequence according to the type of legal act, laws shall be arranged by themes;

9.2. separate invalid legal acts or certain legal norms from valid legal acts or legal norms;

9.3. consolidate the text of a legal act:

9.3.1. by joining basic text of the legal act with amendments thereto;

9.3.2. by drawing up valid wording of the text of the legal act;

9.3.3. by drawing up future wording of the legal act if such amendments are made to the legal act which have not yet come into force;

9.3.4. by keeping historical wording of the text of the legal act;

9.3.5. by adding appropriate note to the amended legal norm with indication to the legal act by which the relevant amendment was made.

10. If in the judgement the Constitutional Court has determined application conditions for any legal act or certain norm thereof, the keeper of the System shall add appropriate note to the legal act or certain norm thereof with indication to the relevant judgement of the Constitutional Court.

11. When systematising legal acts, the keeper of the System shall ensure the possibility to search them at least by:

11.1. type of a legal act;

11.2. authority which has issued the legal act;

11.3. title of the legal act or part thereof;

11.4. words in the text of a legal act;

11.5. number of a legal act if any has been granted for the legal act;

11.6. date of adoption of a legal act;

11.7. date of publication of the legal act in the official publication Latvijas Vēstnesis;

11.8. date of coming into force of a legal act;

11.9. status of a legal act;

11.10. information abovementioned in Sub-paragraphs 2.1.2, 2.1.3, 2.1.4, 2.1.7, 2.1.11 and 2.1.12 of this Regulation (the condition applies to the International Treaties).

IV. Closing Provisions

12. Cabinet Regulation No. 279 of 13 April 2004, Regulations Regarding Systematisation of Laws and Regulations (Latvijas Vēstnesis, 2004, No. 60) is repealed.

13. Chapter II and Sub-paragraph 11.10 of this Regulation shall be applied from 1 July 2014.

14. Until 1 July 2014 the keeper of the System shall establish a technical infrastructure necessary for recording of International Treaties and ensure maintenance thereof.

Prime Minister Laimdota Straujuma

Minister for Justice Baiba Broka

 

---

Translation © 2015 Valsts valodas centrs (State Language Centre)