text:
Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:
21 July 2020 [shall come into force on 24 July 2020];
1 October 2020 [shall come into force on 12 October 2020];
29 October 2020 [shall come into force on 31 October 2020];
18 December 2020 [shall come into force on 23 December 2020];
18 March 2021 [shall come into force on 25 March 2021];
25 March 2021 [shall come into force on 1 April 2021];
29 April 2021 [shall come into force on 6 May 2021];
27 May 2021 [shall come into force on 29 May 2021];
6 July 2021 [shall come into force on 23 July 2021];
4 November 2021 [shall come into force on 6 November 2021];
16 December 2021 [shall come into force on 31 December 2021].
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 Saeima 1 has adopted and
the President has proclaimed the following law:
Law on the Management of the Spread of COVID-19 Infection
Section 1. (1) The purpose of the Law is to prescribe the legal order during the spread of COVID-19 infection by providing for a set of appropriate measures for ensuring such scope of rights and obligations of private individuals which would be commensurate with public health and safety interests and effective operation of the State and local government authorities (hereinafter - the public authorities).
(2) The Law lays down basic principles for the operation of public authorities, and also the rights and obligations of public authorities and private individuals for the prevention and management of the threat to the State during the spread of COVID-19 infection.
(3) Upon determining the set of necessary measures, the following general principles shall be applied:
1) minimising the restrictions on human rights - rights of persons shall be restricted only in cases where there are no other alternative measures that protect the public health and safety effectively;
2) minimising the threat to public health - precautionary measures shall be determined by evaluating the threat of the COVID-19 infection spreading in Latvia and foreign counties and shall be implemented by evaluating all existing risks to minimise the threat of the repeated spread of COVID-19 infection;
3) limiting the accessibility of public services relevant to the society shall only be acceptable to the extent it is necessary for ensuring public health and safety, and also health and safety of the persons involved in the provision and receipt of services.
[18 December 2020]
Section 2. (1) Public authorities shall sustain operations and provide services in accordance with laws and regulations by complying with the procedures laid down in this Law and the epidemiological safety measures stipulated by the Cabinet. Private persons shall provide services in compliance with the epidemiological safety measures specified in laws and regulations.
(2) The cases that were deferred during the declared emergency situation shall be examined by the public authorities on priority basis, unless a case which has been received later should be examined urgently.
[4 November 2021]
Restrictions on the Rights of Persons
Section 3. In accordance with this Law, restrictions on the rights of private individuals may be imposed only when the risks to public safety that are related to the spread of COVID-19 infection cannot be effectively eliminated by applying the legal means specified under the general legal procedures. If the objective necessity to maintain the measures restricting persons has ceased to exist, such restrictions on rights must be revoked.
Section 4. (1) If the COVID-19 infection spreads or there are threats that it could spread, the Cabinet can determine the following for the epidemiological safety purposes:
1) the requirements, including restrictions, for gathering in public events (in accordance with the definition provided in the Law on Safety of Public Entertainment and Festivity Events), meetings, processions, and pickets (in accordance with the definitions provided in the law On Meetings, Processions, and Pickets), organised religious activities to be carried out by gathering, and private events that are organised indoors or outdoors;
11) the restrictions on or the prohibition of the services provided by public entities and private individuals, and the events provided for in Clauses 1 and 11 of this Section in accordance with Paragraph two of this Section;
12) the requirements for trade and other types of economic services;
2) the regulations regarding the operation of sites for the performance of cultural and religious activities, entertainment, sports, and other recreational sites;
3) the requirements, including restrictions, for persons when they are at public places;
4) the requirements, including restrictions, for the provision and use of carriage of passengers services and own-account carriage services;
5) the requirements, including restrictions, for passengers, vehicles, vehicle drivers, and crew members;
6) the rights and obligations of organisers and providers of carriage services and passengers;
7) such special epidemiological safety measures which persons must implement;
8) the conditions and procedures for the organisation of educational process, including for the ensuring of the learning process remotely;
9) the procedures by which the funds provided in the State budget for the catering of educatees in grades 1, 2, 3, and 4 who are completing the basic education programme at educational institutions on site shall be allocated and used within the remote learning process;
10) the procedures by which the earmarked grant of the State budget that has been allocated for covering the maintenance expenditures of special education institutions shall be used for the catering of educatees within the remote learning process;
11) the conditions and procedures for the organisation and course of sports trainings (sessions) and also sporting events;
12) the course of the learning process and epidemiological safety requirements in national defence training camps;
13) during the spread of COVID-19 infection, the hygiene requirements for food trade undertakings and public catering undertakings in addition to the requirements specified in laws and regulations;
14) the reliefs applicable during the spread of COVID-19 infection in accordance with the laws and regulations regarding handling of primary food products in small amounts;
15) the restrictions on the provision of health care services (maintaining those health care services which are life-saving and which require continuity of treatment);
16) the procedures by which the service of assistant shall be financed to educatees with a disability to whom the service of assistant financed from the State budget has been granted in accordance with the procedures specified in laws and regulations for supporting moving about and performing self-care at an educational institution within the remote learning process;
17) the conditions for the receipt of social services;
18) the procedures for financing from the State budget the service of an assistant in a local government, and also for the students of higher education institutions and colleges;
19) the procedures for extending the term of validity of an administrative act issued previously by the State Medical Commission for the Assessment of Health Condition and Working Ability if a person has not submitted the documents necessary for carrying out the assessment of disability;
20) the term of validity of the documents certifying the acquisition of first aid provision which have been specified in the laws and regulations regarding training in first aid provision and the term of validity of which has expired during the emergency situation;
21) the prohibition to import animal species susceptible to COVID-19 infection and the production of such animal species in the territory of the Republic of Latvia;
22) the term of validity of the driving licences for the tractor machinery the term of validity of which has expired during the emergency situation.
(2) Upon deciding on any restrictions on or prohibition of the services or events provided for in Paragraph one, Clause 1.1 of this Section, the Cabinet shall:
1) evaluate in particular the proportionality and necessity of the restrictions or prohibition, taking into account the epidemiological situation in the specific territory or industry;
2) evaluate the impact of the restrictions or prohibition on the implementation of the principle of legal equality (namely, whether there are specific groups in society which are affected in a particularly adverse manner), and also the restriction on human rights;
3) evaluate the need to provide for support measures for those groups of persons whose rights and lawful interests will be restricted as a result of the restrictions or prohibition, taking into account what rights will be restricted and to what extent they will be restricted.
(3) The Cabinet shall inform the Saeima of the imposition of the restrictions provided for in Paragraph one of this Section which affect the rights and lawful interests of persons or which may impact the economy of the State. The commission stipulated by the Saeima may suggest that the Cabinet reviews the intended restrictions if in the view thereof it is possible to efficiently prevent the risks to public safety that are related to the spread of COVID-19 infection by measures which are less restrictive of the rights and lawful interests of persons, and also have less impact on the economy.
(4) Where necessary for effective implementation of the measures to prevent the spread of COVID-19 infection or threats of the spread thereof during the emergency situation declared by the Cabinet, the Cabinet shall, in accordance with the procedures provided for in international agreements binding upon Latvia, notify international organisations regarding derogation from individual international commitments of Latvia in the field of human rights.
[18 December 2020; 25 March 2021]
Section 5. Organisers of the public events, meetings, processions, and pickets laid down in Section 4, Clause 1 of this Law shall indicate in the event organisation application the methods by which the epidemiological safety and precaution shall be ensured in the event. Organisers of the religious events laid down in Section 4, Clause 1 of this Law shall indicate the information specified in this Section in the organisational documents of the event, for example, the internal rules of procedure, regulations, information signs, and similar documents.
Section 6. Upon monitoring those persons to whom home quarantine or isolation has been specified in accordance with the Epidemiological Safety Law, the Health Inspectorate has the right to involve the State police and municipal police.
Section 6.1 (1) The information system for monitoring persons shall be used for minimising the threat of spread of COVID-19 infection and for ensuring the monitoring of the persons referred to in Section 6 of the Law.
(2) The Cabinet shall determine the amount of information to be included in the information system for monitoring persons, the procedures for inclusion and the time periods for storage, and also the authorities to which access to the information included in the system is granted.
[1 October 2020]
Section 6.2 If there are grounds to believe that a person inside the vehicle has an obligation to include information in the information system for monitoring persons, the employee of the State Police, the employee of a municipal police, and a border guard have the right to stop the vehicle in order to verify if such obligation has been fulfilled.
Section 6.3 (1) The contact tracing and warning information system shall be used in order to determine the persons who have been exposed to an increased risk of infection and to warn them about a potential contact with a COVID-19 patient, and also to ensure cross-border exchange of the Minimum Set of Data in the European Federation Gateway with the national contact tracing and warning systems of other countries. The European Federation Gateway is a data exchange platform established and maintained by the European Commission the purpose of which is to ensure the interoperability of national mobile applications for contact tracing and warning by receiving, storing, and making available, through secure information technology tools, the minimum set of personal data to the managers of the national contact tracing and warning information systems.
(2) The Cabinet shall determine the manager of the contact tracing and warning information system and the joint manager of the European Federation Gateway in Latvia, the rights and obligations of the abovementioned managers, and also the amount of information to be included in the contact tracing and warning information system and the procedures for inclusion, the amount of and procedures for information exchange, and also the term for the storage of information.
Section 6.4 (1) The vaccination information system is a State information system which has been created to ensure public interests in the field of public health by organising and providing vaccination against COVID-19 infection, inter alia, organising prior application for vaccination against COVID-19 infection, drawing up lists of persons to be vaccinated, and centrally managing the waiting lists of persons to be vaccinated, and also to enter information on persons who have been vaccinated against COVID-19 infection.
(2) The Cabinet shall determine the administrator of the vaccination information system, the amount of data to be included in such system, the procedures for the inclusion, receipt, and processing thereof and the time limit for the storage thereof, and also the authorities which will include, receive, and process data in the vaccination information system.
[18 March 2021]
Section 6.5 In order to ensure notification of persons of the possibility to apply for vaccination, the State Revenue Service shall, on the basis of the information provided by the National Health Service (given name, surname, and personal identification number of the person), send a notification to persons through the Electronic Declaration System.
Section 6.6 For an in-depth analysis of the epidemiological situation and acquisition of data for the identification of the place and type of infection and for the introduction of appropriate protection measures, the Centre for Disease Prevention and Control shall ensure exchange of data with the State Revenue Service. The State Revenue Service shall transfer to the Centre for Disease Prevention and Control information regarding the employment of such person who has contracted COVID-19 in accordance with the data at the disposal of the Centre for Disease Prevention and Control.
Section 6.7 [4 November 2021]
Section 6.8 For an in-depth analysis of the epidemiological situation and to make decisions on protection and support measures and improvement of their effectiveness, the Central Statistical Bureau (hereinafter - the Bureau) shall receive data from the Centre for Disease Prevention and Control on the persons who are infected with SARS CoV-2 coronavirus and shall process such data by combining them with the data from the Population Register Information System of the Office of Citizenship and Migration Affairs, State Address Register Information System of the State Land Service, the State Revenue Service, the State Social Insurance Agency, and the State Employment Agency on these persons that is at the disposal of the Bureau, and also shall ensure the pseudonymisation of the combined data and secure remote access for the Ministry of Economics, the Centre for Disease Prevention and Control, and the Cross-Sectoral Coordination Centre for the analysis of such data.
[29 April 2021]
Section 6.9 (1) In order to allow application of exemptions from the epidemiological safety measures to persons who are vaccinated against the COVID-19 infection, have recovered from it, or have negative COVID-19 test result, interoperable certificates certifying the fact of vaccination or recovery or information regarding the test result shall be issued to such persons. When presenting the interoperable certificate, the person is also obliged to present a personal identification document, a driver's licence, a student certificate, a pensioner certificate or a certificate of the service pension recipient.
(2) The Cabinet shall determine the procedures by which the interoperable certificates referred to in Paragraph one of this Section shall be requested, prepared, issued, suspended, cancelled, renewed, checked, and used, and also the scope of information to be included in the certificate and the scope of the information which shall be available to authorities and service providers.
[27 May 2021; 4 November 2021; 16 December 2021]
Section 7. (1) A provider of cultural, entertainment, and sports services who cannot provide the services that have been planned in advance and placed for sale due to the gathering restrictions imposed for the containment of the spread of COVID-19 infection has the right to reschedule the event to another time suitable therefore by notifying thereof not later than six months after the day when the restrictions are revoked. The event must take place not later than within a year after the day when the restrictions are revoked.
(2) If a consumer cannot attend the event on the rescheduled date due to justified reasons (for example, the consumer cannot be in the country where the event takes place, serious health restrictions prevent the consumer from attending the event), the service provider shall, upon a request, repay the money within a time limit which does not exceed six months after the day when the relevant restrictions are revoked.
(3) If a service provider cannot ensure the rescheduling of an event that has been planned in advance, it has the right to offer another equivalent event to the consumer or, if the consumer rejects the offer, the service provider shall repay the money within a time limit which does not exceed six months after the day when the restrictions are revoked.
Chapter II.1
Epidemiological Safety in Working Environment
Section 7.2 (1) An employer shall organise work in compliance with the epidemiological safety measures stipulated by the Cabinet, including requirements for the need to have an interoperable certificate confirming the fact of vaccination or recovery (hereinafter - the vaccination or recovery certificate) for the fulfilment of work (office, service) duties.
(2) Within the meaning of this Chapter, a public authority or an official who appoints the officials referred to in Section 7.3 of this Law to the office shall be considered an employer.
Section 7.3 (1) An employer shall determine the offices or categories of employees (officials) to which the requirements and conditions of laws and regulations regarding the need for the vaccination or recovery certificate apply and shall inform the employees (officials) thereof. Employees (officials) have an obligation to inform the employer of the existence of the vaccination or recovery certificate and to present the abovementioned certificate to the employer according to the procedures stipulated thereby.
(2) If an employee (official) has not obtained the vaccination or recovery certificate which is necessary for the fulfilment of work (office, service) duties, it shall be sufficient grounds for considering that the relevant person is not suitable for the work (office) in question.
(3) If an employer is unable to transfer an employee (official) to another suitable work (office) or to ensure the fulfilment of his or her work (office, service) duties remotely due to the requirements provided for in laws and regulations or other objective reasons, the employer has the right, until the moment when the employee (official) obtains the vaccination or recovery certificate, to suspend him or her from work (office, service) or place on furlough due to the fault of the employee without disbursing work remuneration to him or her for the period of suspension or furlough. The employer, except for the employer in public administration, has the right to retain work remuneration for the period of suspension. It is prohibited to suspend an employee (official) from work (office, service) for a period exceeding three months.
(4) If after the maximum period of suspension or after furlough due to the fault of an employee which lasts for more than three months an employee (official) has not obtained the vaccination or recovery certificate without an objective justifying reason, an employer has the right to terminate employment (service) relationship with him or her without delay, disbursing the severance pay in the amount of one monthly work remuneration (monthly wage), but if a piece rate wage has been specified for the employee - in the amount of average earnings of one month.
(5) An employee who has not obtained the vaccination or recovery certificate is entitled to give a notice of termination of the employment contract without complying the time limit specified in Section 100, Paragraph one of the Labour Law. An official who has not obtained the vaccination or recovery certificate is entitled to terminate service relationship without delay.
(6) If a soldier of the National Armed Forces has not obtained the vaccination or recovery certificate without an objective justifying reason, the Minister for Defence or his or her authorised commander may terminate the professional service contract with the soldier early in accordance with the norms of the Military Service Law. Employment relationship with a civil employee employed in the National Armed Forces who has not obtained the vaccination or recovery certificate without an objective justifying reason shall be terminated in accordance with that specified in this Section.
(7) An employer is prohibited from terminating employment (service) relationship on the basis of Paragraph four of this Section with a pregnant woman, and also with a woman in the period following childbirth up to one year, but if the woman is breastfeeding a child - throughout the period of breastfeeding, but not longer than until the child reaches two years of age. If a pregnant woman, a woman in the period following childbirth up to one year, but if the woman is breastfeeding a child - throughout the period of breastfeeding, but not longer than until the child reaches two years of age, cannot be transferred to another suitable work (office, service) in accordance with Paragraph three of this Section, the employer has an obligation to temporarily grant a leave to such female employee (official). The previous average earnings are retained for the female employee (official) during such leave.
(8) The Cabinet shall determine exceptions in relation to the requirement for the existence of the vaccination or recovery certificate for the fulfilment of work (office, service) duties in relation to the health of the person.
Section 7.4 For the containment of the spread of COVID-19 infection at the workplace, an employer shall provide possibilities for remote work to employees if the nature of work allows it. If work is done on site at the workplace, the employer has an obligation to determine measures for the containment of the spread of COVID-19 infection at working places, to assign the person who shall be responsible for the introduction of such measures, and also to provide the employees with the necessary personal protective equipment. The employer has an obligation to inform employees of the measures introduced at the workplace for the containment of the spread of COVID-19 infection.
Special Conditions for the Operation of Judicial System, State and Local Government Institutions and Receipt of their Services
Section 8. (1) A submission for the issuing of an administrative act, changing the intention of an institution in respect of its actual actions, receipt of a statement, or a submission for contesting an administrative act may only be submitted in writing.
(2) In specific cases, an institution may accept a submission for the issuing of an administrative act via telephone if the institution has other possibilities of identifying the submitter and the request made thereby.
(3) Within administrative proceedings, a submission may be submitted electronically in the service portal of the State administration www.latvija.lv without a secure electronic signature if the submission is submitted and the identity of the person is verified through online forms which are available in this portal.
(4) The Procurement Monitoring Bureau has the right to examine contestation submissions without hearing participants to the case in person. Participants to the case have the right to submit an additional opinion in writing, sending it electronically to the Procurement Monitoring Bureau not later than within one working day before the notified date of the meeting for the examination of the submission.
(5) A person who wishes to change the entry on the given name, surname or nationality in documents can submit the relevant submission to the Civil Registry Department of the Ministry of Justice.
(6) An institution shall not issue statements on the application of those laws and regulations which provide the regulatory framework for the furlough support, the support for salary subsidies, and the support to be granted to an enterprise affected by the crisis which is caused by COVID-19 infection for the compensation for the fall in the flow of current assets.
Section 8.1 (1) An Orphan's and Custody Court may examine and take decisions in a hearing of the Orphan's and Custody Court in the written procedure (without the presence of persons) if the conformity with the procedural rights of the participants to the case can be ensured and the Orphan's and Custody Court has not deemed that it is necessary to examine the case in the oral procedure. The authority (official) shall, in a manner corresponding to the nature of the written procedure, ensure the participants to the proceedings the same scope of rights as in the oral procedure.
(2) If a case is examined in the written procedure (without the presence of persons) or in a hearing of an Orphan's and Custody Court by video conferencing, becoming acquainted with the files of this case shall be ensured remotely. The Orphan's and Custody Court shall, within three working days after receipt of the relevant application signed by the person, electronically send scanned copies of the case files or information on access to the case files (ensuring a possibility to become acquainted with the case files or to obtain a copy thereof) to the e-mail address indicated by the person, or send copies of the case files to the address indicated by the person.
(3) An Orphan's and Custody Court may determine that procedural actions, including actions to be performed in a hearing of the Orphan's and Custody Court, are performed by video conferencing and subject to the restrictions imposed due to the spread of COVID-19 infection or the epidemiological situation in the State.
(4) If performance of the tasks of an Orphan's and Custody Court specified in the Law on Orphan's and Custody Courts is impeded, except for the requirements laid down in Chapters VII and VIII of the abovementioned Law, the Orphan's and Custody Court may transfer performance of individual tasks to another closest Orphan's and Custody Court for a specific time period, and this another Orphan's and Custody Court has an obligation to take over these tasks for a specific time period. Local governments shall enter into a contract for the performance of such tasks of the Orphan's and Custody Court, including therein the procedures for the settlement of mutual accounts.
Section 8.2 (1) The requirements of the Law on Orphan's and Custody Courts in respect of the fact that a person may be elected as the Chairperson of an Orphan's and Custody Court and the Vice-chairperson of an Orphan's and Custody Court if he or she has obtained at least the academic master's degree or professional master's degree and appropriate professional qualification or another qualification in pedagogy, psychology, medicine, social work, or law which conforms to the Level 7 of the European Qualifications Framework laid down in the classification of Latvian education and has at least five-year work experience in the relevant speciality need not be applied until 1 July 2021.
(2) The requirements of the Law on Orphan's and Custody Courts in respect of the fact that a person may be elected as a Member of an Orphan's and Custody Court if he or she has obtained at least the academic bachelor's degree or professional bachelor's degree and appropriate professional qualification or another qualification in pedagogy, psychology, medicine, social work, or law which conforms to the Level 6 of the European Qualifications Framework laid down in the classification of Latvian education and has at least three-year work experience in the relevant speciality need not be applied until 1 July 2021.
Section 9. (1) An authority (official) may examine an administrative offence case in the written procedure if it has not deemed it necessary to examine the case in the oral procedure. The authority (official) shall, in a manner corresponding to the nature of the written procedure, ensure the participants to the proceedings the same scope of rights as in the oral procedure.
(2) If an administrative offence case is examined in the written procedure, access to the files of this case shall be provided remotely. An institution shall, within three working days after receipt of the relevant application signed by the person, electronically send scanned copies of the case files or information regarding access to the case files (possibility to become acquainted with the case files or obtain their copy) to the e-mail address indicated by the person.
(3) The administrative commission may examine a case regarding application of compulsory measures of correctional nature in the written procedure if it has not deemed that the case must be examined in the oral procedure. The administrative commission shall, in a manner corresponding to the nature of the written procedure, ensure the participants to the proceedings the same scope of rights as in the oral procedure.
(4) If there are sufficient grounds to believe that the vehicle driver and also a master of a ship and an aircrew member is under the influence of alcohol or intoxicated, an official shall carry out the breath alcohol screening test with a meter designed for such purpose. The abovementioned person shall be transported to a medical treatment institution for testing only when the breath alcohol screening test cannot be carried out with the meter which is at the disposal of the official.
(5) Paragraph four of this Section shall not be applied if there are reasonable suspicions that a criminal offence has been committed.
[29 October 2020]
Section 10. (1) A court may examine a civil or administrative case in the written procedure if the conformity with the procedural rights of the participants to the case can be ensured and the court has not deemed that it is necessary to try the case in a court hearing. The court shall, in a timely manner, inform the participants to the case of trial of the civil or administrative case in the written procedure, specifying a time period for the submission of additional explanations or other procedural requests.
(2) A court may examine an administrative offence case in the written procedure if the conformity with the procedural rights of the persons participating in the administrative offence proceedings can be ensured and the court has not deemed that it is necessary to examine the case in the oral procedure.
Section 10.1 (1) If a court deems that it is necessary to try a case in a court hearing, video conferencing shall be used in order to achieve the epidemiological safety objectives. Persons participating in the administrative offence proceedings in a court or criminal proceedings in a court may express objections against such a decision but a natural person not represented by an advocate may express objections in other cases where there are objective grounds.
(2) In order to achieve the epidemiological safety objectives, participation of a person who is in a prison in court proceedings shall be primarily ensured by a videoconference, except in cases which include an official secret object.
(3) If a case is tried by video conferencing, the request to obtain a signature of a person in the course of a court hearing is complied with if the relevant person attests to this orally and it is recorded in an audio recording of the court hearing.
(4) Cases shall be examined in the oral procedure on site if the examination of the case cannot be held in writing or by video conferencing. Cases shall be examined in the oral procedure on site by conforming to the epidemiological safety requirements to the extent possible during examination of the case.
Section 10.2 (1) In order to achieve the epidemiological safety objectives, participation of a person who is in a prison in the investigative actions of pre-trial criminal proceedings shall be primarily ensured by video conferencing, except for the cases which include an official secret object.
(2) Upon a request of the person directing the proceedings, convoying of prisoners shall be ensured only in cases when an agreement thereupon has been received from the head of the institution or his or her authorised official.
(3) For the convoying of prisoners, including upon a request of the person directing the proceedings or to court hearings, the shortest possible convoying route and the return or getting of the prisoner to the prison on the same day shall be ensured, if possible.
Section 10.3 (1) The commencement of serving the sentence of a temporary deprivation of liberty and criminal sentence - arrest - at prisons may be temporarily suspended by a decision of the director of the Prison Administration if quarantine has been declared in the prison system. In such case the detaining and delivery to prisons of such persons who have been sentenced with temporary deprivation of liberty or criminal punishment - arrest -, or to whom the fine or community service imposed by a decision of a court has been replaced with a temporary deprivation of liberty shall be discontinued.
(2) If quarantine has been declared in the prison system, the transfer of prisoners between prisons may be temporarily discontinued (except for the transfer of prisoners due to security reasons, their transfer to the Latvian Prison Hospital at Olaine Prison and back, transfer of convicted persons to begin their sentence execution and in cases when the security measure - arrest - is imposed on a convicted person in another criminal case while he or she is serving their sentence) by a decision of the director of the Prison Administration.
(3) The director of the Prison Administration shall ensure immediate informing of the authorities involved in the issuance of the orders referred to in this Section and the time period of their operation.
Section 10.4 [4 November 2021]
Section 11. (1) An application for legal protection proceedings, insolvency proceedings of a legal person, and insolvency proceedings of a natural person may be submitted electronically by signing it in compliance with the requirements of Section 3 of the Electronic Documents Law.
(2) In the cases specified in the Civil Procedure Law, only the recipient shall make an entry on the receipt of an electronically submitted application in the register of the relevant application.
Section 12. (1) A criminal case may be tried in the written procedure in accordance with the appellate procedures also in cases not referred to in the Criminal Procedure Law. A prosecutor or a person whose interests and rights are infringed upon by a complaint or protest may make a request for the case to be examined in the oral procedure by stating the grounds for it.
(11) Criminal cases transferred to a court in accordance with urgent procedures or for examination without the examination of evidence may be examined before a court of first instance in the written procedure. A court shall indicate in a notification regarding examination of a criminal case in the written procedure the right of a prosecutor, an accused, a defence counsel, or a victim, within 10 days, to submit a recusation to the composition of the court, to submit objections against the trial of a case in the written procedure, to submit his or her views regarding the type and amount of a punishment to be imposed and other matters related to a judgement, and also shall indicate the day of availability of the ruling. If a prosecutor, an accused, a defence counsel or a victim has submitted objections against trial of the case in a written procedure, a court shall take a decision to try the case in an oral procedure.
(12) For the preparation of the opinion referred to in Paragraph 1.1 of this Section, the Legal Aid Administration shall ensure a payment in the amount of EUR 75 for a State-ensured legal aid provider. The amount of this payment shall also include the necessary legal consultations provided by the legal aid provider and a payment for a return call to a public pay telephone in a prison.
(13) If a legal aid provider provides a legal consultation, except for the case specified in Paragraph 1.2, to a person in prison by using a possibility of a return call to a public pay telephone in a prison, a payment in the amount of EUR 5 for the use of a premium rate telecommunication service shall be added to the fee for the legal consultation.
(2) The person directing the proceedings may suspend criminal proceedings in accordance with the procedures laid down in Section 378 of the Criminal Procedure Law, provided that all the procedural actions which are possible without a suspect or accused have been performed and provided that the circumstances preventing the suspect or the accused from participating in the criminal proceedings due to the epidemiological safety measures declared in the State for the containment of the spread of COVID-19 infection have been ascertained.
(3) The transfer and taking over of persons convicted and detained in foreign countries for the further execution of a custodial sentence or arrest within the territory of the Republic of Latvia may be suspended, except when the foreign country has refused to extend the time limit for the transfer of the person or the detention period of the person cannot be extended and the person to be transferred or taken over has been tested for COVID-19 72 hours before entry, and the test is negative.
(4) [25 March 2021]
Section 12.1 [18 December 2020]
Section 13. If a law provides that a court judgment shall be available at the Court Registry, the judgment shall be sent to a person if a request has been received therefrom.
Section 13.1 Court services shall be provided remotely. In an exceptional case where the service cannot be received remotely or the receipt is significantly hindered, however, is urgent, the chairperson of the court may permit the provision of the service on site, ensuring safety of court employees and the recipient of the service according to the epidemiological safety requirements and recommendations.
Section 14. With the coming into force of this Law, the term of office of a representative of the Commission of Disciplinary Matters of Sworn Bailiffs who has been elected by the general meeting of sworn bailiffs and whose term of office has expired during the emergency situation shall be reinstated until the moment when the general meeting of sworn bailiffs re-elects this person or another sworn bailiff is elected to the composition of the Commission of Disciplinary Matters of Sworn Bailiffs.
Section 14.1 (1) If an order is given in an enforcement case for the seizing of monetary funds due to a debtor and it is established that a debtor is ill with COVID-19 or quarantined which is confirmed by a sick-leave certificate B, a sworn bailiff may, on the basis of a request of the debtor, set aside the order for the seizing of monetary funds given to a credit institution or another payment service provider. Following closing of the sick-leave certificate B for the debtor, the sworn bailiff shall, in this case, continue to direct recovery against the monetary funds of the debtor with the credit institution or another payment service provider by preparing and sending to the credit institution or another payment service provider respectively a new order for the seizing of monetary funds if it is determined by the circumstances of the specific enforcement case.
(2) In enforcement cases regarding the placing in possession of the immovable property and in cases regarding the eviction of persons and property from premises a bailiff shall, in the notification specified in the Civil Procedure Law for a debtor regarding an obligation to enforce a court ruling and vacate premises, determine a time period of not less than 30 days. If premises are not vacated within the time period determined by the sworn bailiff or the debtor has failed to appear within the time specified for eviction or placing in possession, the sworn bailiff shall determine a date for compulsory enforcement of the ruling which is not earlier than the thirtieth day from the day of sending the notification of the sworn bailiff.
Section 14.2 (1) In order to achieve the epidemiological safety objectives, persons under care who are residing in social care institutions shall receive notarial assistance by video conferencing if notarial activities cannot be performed on site.
(2) The head of a social care institution has an obligation to ensure the support necessary to a person under care and the technical means for communication with a sworn notary in a video conferencing mode in accordance with Division E.1 of the Notariate Law.
(3) A sworn notary may prepare electronic deeds and certifications by video conferencing also if the person under care does not have an electronic signature. In such case, the sworn notary shall perform the notarial activities in accordance with the requirements of Section 72 of the Notariate Law, however, the witnesses indicated in Section 1494 of the Civil Law are not necessary in such case. The electronic deed or certification shall be signed electronically by the head of the social care institution if the person under care assigns such person to do this in his or her place.
Section 14.3 A sworn bailiff and a sworn notary may decide on the suspension of official activities if the performance thereof is related to an increased risk for the persons involved to become infected with COVID-19 and the performance of such activity is not related to an objective urgency, and the suspension thereof does not cause a significant infringement of the rights.
Section 15. A leave of up to 12 months may be granted to a sworn notary. In the submission for leave, a sworn notary shall indicate that it is based on the economic consequences of the emergency situation in relation to the spread of COVID-19 infection and justify the inability to maintain the practice. In such case, the actions referred to in Section 176, Paragraph two of the Notariate Law are taken immediately.
Section 16. Assistant to a sworn notary is exempted from taking the examination of an assistant to a sworn notary if employment relationships with the sworn notary are terminated due to the economic consequences of the emergency situation caused by COVID-19 infection and new employment relationships with the sworn notary have been established not later than a year after the termination of employment relationships. Upon informing the Minister for Justice of the termination of employment relationships with an assistant to a sworn notary in accordance with the procedures specified in Section 154, Paragraph three of the Notariate Law, a sworn notary shall indicate whether the employment relationships have been terminated due to the economic consequences of the emergency situation caused by COVID-19 infection.
Section 16.1 The Latvian Council of Sworn Bailiffs and the Latvian Council of Sworn Notaries may determine restrictions for the reception of visitors on site or decide on the discontinuation thereof at the locations of the practice of sworn bailiffs and sworn notaries.
Section 17. In accordance with the procedures specified in laws and regulations, the Council of Certified Mediators shall, by 31 December 2020, announce information regarding the organisation and date of the regular certification examination of mediators planned in 2020, and also the deadline by which a submission for taking the certification examination of mediators shall be submitted. The certification examination of mediators shall be organised not later than by 31 May2021. The deadline for applying to the taking of the certification examination of mediators shall expire not earlier than two months before the announced examination date.
Section 18. Upon deciding on the extension of the time limit, restoration of rights, or continuation of proceedings, if the relevant time limits cannot be conformed to due to the spread of COVID-19 in the State, the Patent Office has, in the cases specified in the Patent Law, the Law on Trade Marks, and the Law on Designs, the right not to apply the fee specified in the abovementioned laws for the extension of the time limit, restoration of rights, or continuation of proceedings until 31 December 2020.
Section 18.1 Upon examining applications on the satisfaction of employee's claims and establishing that the 12 month period specified in Section 5, Paragraphs one and 2.1 of the law On Protection of Employees in case of Insolvency of Employer coincides with the entire or part of the period prohibiting the creditors from submitting an application for insolvency proceedings of a legal person specified in the law On Measures for the Prevention and Suppression of Threat to the State and Its Consequences Due to the Spread of COVID-19 and the Law on the Suppression of Consequences of the Spread of COVID-19 Infection, the Insolvency Control Service shall decide on the extension of the 12 month period specified in Section 5, Paragraphs one and 2.1 of the law On Protection of Employees in case of Insolvency of Employer by the relevant prohibition period. The period for granting funds from the employee claim guarantee fund resources shall not exceed 12 months prior to termination of employment relationship.
Section 19. (1) In addition to the tasks specified in the State Ensured Legal Aid Law, the Legal Aid Administration shall organise legal telephone consultations in accordance with the categories of matters specified in the State Ensured Legal Aid Law.
(2) The Legal Aid Administration shall assign such legal aid providers for the provision of the aid referred to in Paragraph one of this Section with whom a legal aid contract has been concluded. The amount of hourly remuneration for a legal aid provider shall be determined in accordance with the Cabinet regulations regarding the extent of the State ensured legal aid, the amount of the remuneration, reimbursable expenses, and the procedures for their disbursement.
(3) The service shall be ensured until the moment when the allocated funding has been spent.
[29 April 2021 / See Paragraph 19 of Transitional Provisions]
Section 20. (1) The public consultation specified in the environmental laws and regulations, except for the consultation on the environmental review of the local government spatial planning document, shall be organised remotely.
(2) The extractor of natural resources, operator of the polluting activity, initiator of the intended activity or developer of the nature protection plan or environmental review of planning document, or the responsible person shall prepare a video presentation on the polluting activity, including its substantial changes, intended activity, nature protection plan, environmental or safety review of the planning document, or industrial accident prevention programme and shall publish it on its own website and the website of the relevant local government.
(3) Remote consultation shall take place at least five working days during which the extractor of natural resources, operator of the polluting activity, initiator of the intended activity or developer of the nature protection plan or environmental review of planning document, or the responsible person shall provide a possibility for the interested persons to ask questions and receive answers thereto through a specified e-mail address and using an online video conferencing tool or another online communication tool. Questions and answers shall be registered and saved in a form accessible by the public.
(4) In the cases specified in this Section, public consultation shall be organised so that the conditions for public participation would conform to the provisions of the environmental laws and regulations.
Section 21. (1) The planning region and the local government shall organise the public consultation on the spatial development planning documents and assessment of their strategic environmental impact in accordance with the procedures laid down in the laws and regulations regarding spatial development planning and the development of strategic environmental impact assessment, unless otherwise provided by this Law.
(2) The public consultation in remote form (remotely) shall be organised for the following spatial development planning documents:
1) the sustainable development strategy, the development programme, and thematic plans of planning regions;
2) the sustainable development strategy, the development programme, local plans, detailed plans, and thematic plans of a local government.
(3) Planning regions and local governments shall, when organising the public consultation in remote form (remotely), comply with the following conditions:
1) the minimum time period for the public consultation - four weeks;
2) information regarding the public consultation on a spatial development planning document and on the meeting of the public consultation shall be announced in at least two channels of mass media and the placement thereof in the public open space shall be ensured, indicating the justification for the development of the spatial development planning document and a short description of solutions, and also information regarding the most essential changes and planned development projects;
3) a possibility to become acquainted with the spatial development planning documents handed over for the public consultation and to receive a consultation shall be ensured both remotely and on site;
4) the meeting of the public consultation shall be organised, using an online video conferencing conversation tool or another online conversation tool. Information regarding the meeting of the public consultation shall be announced not later than 10 days before the specified date of the meeting in at least two channels of mass media and the placement thereof in the public open space shall be ensured, indicating the justification for the development of the spatial development planning document and a short description of solutions, and also information regarding the most essential changes and the planned development projects;
5) information regarding the announcement measures, types, the possibilities for the provision of proposals and opinions, and also the minutes of the meeting shall be included in a separate report which is appended to the joint documentation on development.
Section 21.1 Auctions of the alienation of the property of a public person and lease rights may be organised in remotely. If an auction for the alienation of the property of a public person and of lease rights is organised on site, then the safety of employees and participants of the auction shall be ensured according to the epidemiological safety requirements and recommendations.
Section 22. [18 December 2020]
Section 23.1 For the purpose of providing official statistics on labour force, income and living conditions, use of the Internet, gender-based violence, recreation and business trips of Latvian residents, energy consumption in households, and also mobility of Latvian residents, valsts akciju sabiedrība "Ceļu satiksmes drošības direkcija" [State joint stock company Road Traffic Safety Directorate], the Office of Citizenship and Migration Affairs, and the State Revenue Service have an obligation, upon request of the Central Statistical Bureau, to provide the information at their disposal on contact telephone numbers and e-mail addresses of natural persons according to the list of survey samples of natural persons prepared by the Central Statistical Bureau.
Section 24. (1) The local government binding regulations regarding the spread of COVID-19 infection and an explanatory memorandum shall be proclaimed by publishing them in the official gazette Latvijas Vēstnesis.
(2) The local government binding regulations referred to in Paragraph one of this Section shall come into force on the day following their proclamation unless another time period for coming into force has been specified therein.
(3) The local government shall, by electronic means, send the local government binding regulations referred to in Paragraph one of this Section to the Ministry of Environmental Protection and Regional Development for information within three working days after their signing.
[6 July 2021]
Section 25. (1) The State Centre for Defence Logistics and Procurement shall purchase personal protective equipment, medical devices, and also the service of the laboratory testing of the abovementioned goods in a centralised manner. The Cabinet shall determine the categories and amount of the personal protective equipment and medical devices to be purchased.
(2) The State Fire and Rescue Service shall keep a list of priority authorities and needs in which State institutions, local government authorities and institutions, State and local government capital companies, Latvian Red Cross, religious associations (churches), the partner organisations involved in the distribution of the aid of the Fund for European Aid to the Most Deprived, medical treatment institutions, social care centres, practices of general practitioners, pharmacists, and microbiology reference laboratories shall be included upon a proposal of the relevant ministry.
(3) The State Centre for Defence Logistics and Procurement shall ensure the issuing of the personal protective equipment and medical devices referred to in Paragraph one of this Section and those resources for ensuring epidemiological safety which have been purchased during the emergency situation to the supply coordinators.
(4) The head of the State Centre for Defence Logistics and Procurement shall decide on the transfer of the personal protective equipment and medical devices, and those resources for ensuring epidemiological safety which have been purchased during the emergency situation, and also the validity of this Law without compensation to the authorities included in the list referred to in Paragraph two of this Section, including with the intermediation of supply coordinators. Transfer of such property shall be registered by signing the deed of acceptance and delivery. The State Centre for Defence Logistics and Procurement shall publish information on its website on the recipient of the property, the description, amount, and balance value of the transferred property. Movable property which has been transferred in accordance with the procedures specified in this Section but has not been used up during the validity of this Law shall be returned.
(41) In order to contain the spread of COVID-19 infection, local governments shall transfer the personal protective equipment and medical devices received in accordance with the procedures laid down in this Section to specific groups of natural persons free of charge. The decision to seize personal protective equipment and medical devices shall be taken by the decision-taking body of the respective local government without establishing the need of a public person or its institutions for such equipment and devices.
(42) The Cabinet shall determine the groups of persons referred to in Paragraph 4.1 of this Section and also the quantity of personal protective equipment and medical devices to be transferred to a person.
(5) The Cabinet shall determine the procedures for the purchase, storage, and issuing of personal protective equipment and medical devices and also the procedures for the storage and issuing of those resources for ensuring epidemiological safety which have already been centrally purchased.
(6) The Cabinet shall determine lighter procedures that are based on the criteria for the security of supplies for the conformity assessment of the personal protective equipment and medical devices which may be purchased in the procurements organised by public persons.
(7) For the purposes of the containment of the spread of COVID-19 infection, medical treatment institutions registered with the Register of Medical Treatment Institutions have the right to purchase the personal protective equipment and medical devices as a contracting authority from the central purchasing body stipulated by the Cabinet or with its intermediation if the relevant goods have been included in the groups of goods and services stipulated by the Cabinet.
[1 October 2020; 29 October 2020; 18 December 2020; 25 March 2021]
Section 25.1 If liquids containing alcohol with the alcohol content above 70 per cent have been handed over to the Provision State Agency for destruction with regard to which, according to a ruling that has entered into effect, the definitive action in criminal proceedings or administrative offence proceedings has been decided which does not provide for the return of the specific liquids containing alcohol or the reimbursement of the value thereof, the Minister for the Interior has the right to decide on the use of the liquids containing alcohol for disinfection of premises and surfaces without applying the requirements for activities involving biocidal products specified in laws and regulations with regard to the receipt of an inventory number, or on the transfer thereof to a merchant which has been selected in accordance with the procedures laid down in the laws and regulations in the field of public procurement, for the production of disinfectants for the purposes of the performance of public functions in order to contain the spread of COVID-19 infection during the emergency situation declared in the State.
Section 26. Within the scope of the application of European Union regulations, the Ministry of Foreign Affairs shall, in cooperation with the Ministry of Health and Ministry of Economics, exercise control over the export of such personal protective equipment and other goods which are necessary for the eradication of COVID-19 infection.
Section 27. (1) The Minister for Foreign Affairs may, considering the restrictions specified due to the spread of COVID-19 or the epidemiological situation in countries where the diplomatic and consular missions of Latvia are located, determine with an order the procedures for the provision of the consular assistance and consular services specified in the Law on Consular Assistance and Consular Services, where necessary, suspending their provision in person.
(2) Acceptance of applications for the issuing of diplomatic and service passports at a Consular Department of the Ministry of Foreign Affairs and the issuing of documents to a person may be organised through consular officials of the diplomatic and consular missions of the Republic of Latvia abroad.
Section 28. The Minister for Foreign Affairs may, considering situation in the foreign country where the diplomatic and consular mission of the Republic of Latvia is located, decide on temporary transfer of diplomats and the civil servants and employees of the diplomatic and consular service from their place of service in a foreign country to Latvia without retaining the salary benefit, benefit for the stay of the spouse abroad, benefit for the stay of a child abroad and benefit for covering expenses of the transport to be used for service needs provided for in laws and regulations. Upon calculating absence in the relevant calendar year, the period of the emergency situation is not considered.
Section 29. The requirements of Regulation (EU) 2021/267 of the European Parliament and of the Council of 16 February 2021 laying down specific and temporary measures in view of the persistence of the COVID-19 crisis concerning the renewal or extension of certain certificates, licences and authorisations, the postponement of certain periodic checks and periodic training in certain areas of transport legislation and the extension of certain periods referred to in Regulation (EU) 2020/698 shall not be applicable to driving licences, routine inspections of tachographs, driver cards, roadworthiness tests, European Community licences for international carriage of goods and passengers and their copies, and also to driver attestations on the basis of that specified in Articles 2(9), 3(5), 4(6), 5(5), 7(5), and 8(5) of this Regulation.
Section 30. [25 March 2021]
Section 31. The State Employment Agency may shorten the time period for a notification of collective redundancy specified in Section 107, Paragraph one of the Labour Law by determining it shorter than 30 days. The State Employment Agency shall immediately notify in writing an employer and representatives of employees of the shortening of the time period.
Section 31.1 (1) Such overtime working hours may be determined for employees of ports and the capital companies controlled thereby, civil servants and employees of the State Revenue Service, the system of the Ministry of the Interior, and also officials with special service ranks of the system of the Ministry of the Interior which exceeds the maximum overtime work specified in the Labour Law, the Law on the Career Course of Service of Officials with Special Service Ranks Working in Institutions of the System of the Ministry of the Interior and the Prisons Administration, but does not exceed 60 hours per week.
(2) The provisions of Section 136, Paragraph four of the Labour Law shall not be applicable to the cases referred to in Paragraph one of this Section. The Ministry of Finance, the Ministry of Justice, and the Ministry of the Interior shall request the additional financial resources necessary for overtime work remuneration from the State budget programme 02.00.00 "Funds for Unforeseen Events".
(3) The determination of such overtime work which exceeds the maximum overtime work specified in the Labour Law but does not exceed 60 hours per week together with the normal work time may be determined for the employees of municipal police, Orphan's and Custody Court, and local government social service offices, and also for the employees of providers of such social services which ensure accommodation, care, and supervision. The provisions of Section 136, Paragraph four of the Labour Law shall not be applicable to such cases.
Section 31.2 For officials with special service ranks of the institutions of the system of the Ministry of the Interior and the Tax and Customs Police and Customs Board of the State Revenue Service, a supplement in the amount of 75 per cent of the hourly wage rate shall be determined for work under conditions of increased risk and workload due to the outbreak of COVID-19 infection and elimination of its consequences. The criteria for the determination and the procedures for the granting of the supplement in relation to the institutions of the system of the Ministry of the Interior shall be determined by the Minister for the Interior but in relation to the State Revenue Service - by the Minister for Finance. The expenditure related to the supplements shall be covered from the State budget programme 02.00.00 "Funds for Unforeseen Events" based on the actually required amount.
Section 31.3 If it is necessary to ensure the performance of additional tasks determined for the State Revenue Service in relation to the assessment of consequences of the spread of COVID-19 infection or if the number of the officials of the State Revenue Service infected with COVID-19 or determined as contact persons increases so that it poses a threat to the implementation of the functions and tasks specified for the State Revenue Service, the Director General of the State Revenue Service has the following rights:
1) to assign any official of the State Revenue Service to fulfil other service duties other than those determined in the job description, or to fulfil them in another unit;
2) to employ the personnel of the State Revenue Service continuously for not more than 24.5 hours.
Section 32. (1) Until 30 June 2022, the inviter - natural or legal person - of a foreigner shall submit documents for the approval of an invitation or sponsorship by using the service "Approval of an invitation or sponsorship for requesting a visa or residence permit in the Republic of Latvia" available on the portal www.latvija.lv. If the inviter of a foreigner is a legal person or the reason for inviting is related to employment, documents for the approval of an invitation or sponsorship may be submitted electronically by approving the application and documents appended thereto with a secure electronic signature.
(2) Until 30 June 2022, foreigners shall submit documents for requesting or registering a residence permit by sending them via post or electronically, and approve the application and documents appended thereto with a secure electronic signature. This condition shall apply both to the foreigners who stay in the Republic of Latvia and those who do not stay in the Republic of Latvia and wish to request a repeated residence permit or register a residence permit, or who are citizens of a European Union Member State, a country of the European Economic Area, or the Swiss Confederation. An inviter of the foreigner may submit an application for requesting or registering a repeated residence permit while the foreigner stays in the Republic of Latvia or outside it.
(3) When examining the submission of a foreigner for the issuing or registration of a residence permit or the matter of annulling the foreigner's residence permit, the requirement of the Immigration Law regarding the existence of sufficient financial means for the person to stay in the Republic of Latvia, and also the requirement to perform active economic activity in 2020 (including payment of a specific tax amount) shall not be applicable. This provision shall not apply to foreigners who have submitted documents for requesting the first temporary residence permit after 10 June 2020.
(4) Upon examining a matter regarding requesting of a permanent residence permit, the absence from the Republic of Latvia during the period from 12 March 2020 until 31 December 2020, but upon examining a matter regarding registration or annulment of a permanent residence permit, the absence from the Republic of Latvia during the period from 12 March 2020 until 31 December 2021 shall be considered justified.
(5) If the decision on the issuing or registration of a residence permit has been taken, the period between 12 March 2020 and 30 June 2021 shall not be included in its term of validity. If the decision on the registration of such permanent residence permit or the issuing or registration of such repeat temporary residence permit which has been granted to the foreigner in accordance with Section 23, Paragraph one, Clauses 28, 29, 30, or 31 of the Immigration Law has been taken, the period between 12 March 2020 and 30 June 2021 shall not be included in its term of validity. If a foreigner in respect of whom a positive decision has been taken to issue or register a residence permit has not, while staying outside the Republic of Latvia, obtained a document certifying the right of residence within the period of validity of this decision, the grounds for the annulment of the residence permit referred to in Section 35, Paragraph one, Clause 21 and Section 36, Paragraph one, Clause 14 of the Immigration Law shall not be applicable to him or her.
(6) The Office of Citizenship and Migration Affairs may annul a temporary residence permit for a foreigner or revoke an issued visa or the decision on the issuing of a visa or temporary residence permit if it has established or received information from the Health Inspectorate, the State Police, or municipal police that the foreigner has violated the provisions for isolation, self-isolation, quarantine, or home quarantine or the gathering restrictions laid down in laws and regulations. Contesting or appeal of the abovementioned decision shall not suspend the operation thereof.
[18 December 2020; 29 April 2021; 6 July 2021; 4 November 2021]
Section 33. Until 30 June 2021 a foreigner who stays in the Republic of Latvia and whose travel document has expired during this period after 12 March 2020 is entitled to obtain a repeated residence permit or to register a residence permit by presenting the abovementioned document.
Section 34. (1) An electronic communications merchant which provides a public mobile electronic communications network shall, according to the technical capabilities, send to the person (roaming customer who has registered in the network of a Latvian mobile operator and users of the voice service of a Latvian mobile operator who have registered in the network of their operator after roaming) who has arrived in Latvia an automatic notification containing the title, content of the unified notification prepared by the Ministry for Health and the sender to be indicated in the notification submitted to the mobile operator by the State Fire and Rescue Service.
(2) Upon providing voice telephony services, an electronic communications merchant shall ensure users free calls to telephone numbers 8303 and 8989.
Section 35. The Ministry of Environmental Protection and Regional Development shall be responsible for ensuring secure remote work within the State administration.
Section 36. (1) The application to be submitted to the Enterprise Register and documents appended thereto shall be submitted electronically using the special online form available on the website of the Enterprise Register, if such has been created, or in paper form by post.
(2) If the law provides that the signature of a person on the document to be submitted to the Enterprise Register (application, document to be appended to the application or another document) must be notarised, this requirement shall be fulfilled if the signature has been certified by a sworn notary or, where the document has been drawn up in electronic form, it has been signed with a secure electronic signature.
Section 36.1 The term of office of the composition of the governing bodies of the religious organisations and their institutions registered in the register of religious organisations and institutions kept by the Enterprise Register, and also of the persons who are entitled to represent the religious organisation or its institution which ends until 31 December 2021 shall be considered extended until 1 June 2022 unless new information regarding the composition of the governing bodies of religious organisations and their institutions, and also persons who are entitled to represent the religious organisation or its institution and who have been elected or appointed in accordance with the procedures laid down in the Law on Religious Organisations has been registered in the Enterprise Register.
Section 36.2 For the elimination and management of the threat to the State created by the spread of COVID-19 infection and consequences thereof, the Minister for Defence is entitled to take the decision on the provision of support by the National Armed Forces to the State Border Guard, the State Police, the Prison Administration, and also to the civil defence system, evaluating the impact of the request expressed on the fulfilment of the direct tasks of the National Armed Forces and the conformity level of preparedness of the National Armed Forces for the fulfilment of the relevant task.
Section 37. The period when a national guardsman has fulfilled service duties by providing support to State and local government authorities for the elimination and management of the threat to the State created by the spread of COVID-19 infection and consequences thereof shall not be included in the period specified in Section 6, Paragraph two of the National Guard Law for the execution of the National Guard tasks and training. The provision of such support shall be counted in days, and the compensation for the execution of service tasks or training shall be disbursed to a national guardsman for each task execution day in accordance with the procedures specified in laws and regulations.
Section 37.1 Taking into account Paragraph 1 of Transitional Provisions of the Law on Public Electronic Mass Media and Their Management and in accordance with Section 5, Paragraph two, Clause 6 of the Law on Prevention of Squandering of the Financial Resources and Property of a Public Person, the National Electronic Mass Media Council may take a decision by which it permits to include, for a specific period of time without remuneration, news and informative analytical programmes or their parts created and to be broadcast by public electronic mass media also in programmes of other electronic mass media specified by the National Electronic Mass Media Council, and also to decide on the discontinuation of their use if the relevant electronic mass medium does not comply with the conditions provided for in the decision of the National Electronic Mass Media Council. Appealing of the decisions referred to in this Section shall not suspend their operation.
Section 37.2 With a consent of a veteran of the National Guard, the Minister for Defence may involve veterans of the National Guard in the provision of support to State and local government authorities in elimination and management of the threat to the State created by the spread of COVID-19 infection and consequences thereof. A veteran of the National Guard shall receive a compensation in the amount of EUR 30 for one day of the fulfilment of such tasks, and also the rations specified for a soldier or its compensation. If a veteran of the National Guard has suffered damage to health while fulfilling the tasks specified in this Law, he or she has the right to paid health care in accordance with the procedures and in the amount laid down in the National Guard Law.
Section 37.3 During the spread of COVID-19 infection, a postal operator need not apply the requirement laid down in the laws and regulations for the obligation of the addressee to sign in the area of the informative notice "date and signature" or on the sensor of the signature capturing device if the postal operator, using consignment processing systems which prepare and aggregate the consignment receipt data, ensures documentary or electronic evidence that the particular consignment has been issued.
Section 37.4 Administrators who have been appointed to the office in accordance with the provisions of the Insolvency Law and for whom the date of expiry of the office certificate is specified from 11 October 2021 have the right to, on the basis of the issued office certificate, fulfil the duties of the administrator until the day when the amendments to the Insolvency Law providing for the extension of the qualification period of an administration come into force.
Special Provisions for the Execution of Criminal Punishments
Section 38. (1) The visitation of a prison and the rights of prisoners specified in law may be temporarily restricted by an order of the head of the Prisons Administration in order to ensure epidemiological safety.
(2) The rights of probation clients specified in law, including the right to leave the country, may be temporarily restricted and also the implementation of specific State Probation Service functions may be suspended or restricted in a specific territory or the entire territory of the State by an order of the head of the State Probation Service in order to ensure epidemiological safety.
(3) The head of the Prisons Administration or a person authorised thereby shall manage crisis situations of any kind at a prison.
(4) If it is established that at least one prisoner is ill with COVID-19 infection or if the number of prison officials with special ranks infected with COVID-19 or determined as contact persons poses a threat to the implementation of the functions specified for the Prisons Administration, the head of the Prisons Administration has the following rights:
1) to assign any official of the Prisons Administration to fulfil any other service duties other than those determined in the job description, or to fulfil them in another unit;
2) to employ officials of the Prisons Administration continuously for not more than 24.5 hours.
(5) If due to the number of prison officials with special ranks infected with COVID-19 or determined as contact persons it is not possible to ensure implementation of the functions specified for the Prisons Administration, the head of the Prisons Administration has the right to request in writing support of the National Armed Forces for ensuring guarding of prisons, supervision of prisoners, and implementation of other tasks. In such a situation prison officials who are able to work are primarily diverted to the fulfilment of such service duties which provide for being in contact with prisoners.
Section 39. (1) Within a month after revocation of the emergency situation, the Prisons Administration shall send a registered letter to the person who has been sentenced to temporary deprivation of liberty if the judgment has come into effect or has been transferred for enforcement during the emergency situation by indicating in the letter the deprivation of liberty institution and time when the person must arrive to serve the punishment of temporary deprivation of liberty.
(2) The Prisons Administration shall ensure that the persons referred to in Paragraph one of this Section commence the serving of the punishment of temporary deprivation of liberty not later than six months after the end of the emergency situation.
Section 40. If a prison admits a prisoner who has been transferred from a foreign country, such prisoner shall be placed in a quarantine cell for a period of up to 14 days. During this period the prisoner is subject to the restrictions of rights referred to in Section 42, Paragraph one of this Law.
Section 41. (1) After the end of the emergency situation or lifting the restrictions determined for the containment of the spread of COVID-19 infection in prisons, a prison shall provide to prisoners the short-duration and long-duration visits of relatives and other persons that were not provided thereto within the time period from 1 October 2020 until the restrictions were lifted. In order to ensure equal opportunities for all prisoners, a prison shall provide the short-duration and long-duration visits provided in laws and regulations on a first-come first-served basis taking into account the date when the submission for a visit has been submitted.
(2) The visits referred to in Paragraph one of this Section shall be organised in the following order of priority:
1) visits that were not provided within the period from 9 November 2020 until 6 April 2021 due to the emergency situation determined in the state or that were not provided due to the restrictions determined in the prison for the containment of the spread of COVID-19 infection;
2) other visits.
(3) If a convicted person has submitted a relevant submission, the head of a prison can decide on the aggregation of the long-duration visits referred to in Paragraph one of this Section (grant several consecutive visits) if this allows the available infrastructure of the prison to be used more efficiently.
(4) Transfer of a prisoner to a medical treatment institution outside a prison for the receipt of health care services, including planned consultations of physicians specialists, diagnostic examinations and inpatient treatment, shall take place on the first come, first served basis after the medical treatment institution has approved the provision of the relevant service to the prisoner.
Section 42. (1) A prisoner who has been recognised as a contact person and a prisoner to whom COVID-19 infection has been established or who is suspected of being infected shall be placed separately from other prisoners for a period of up to 14 days. During this period the prisoner shall be under the surveillance of medical practitioners, criminal procedural activities shall not be performed therewith, the prisoner shall not be convoyed upon a request of the persons directing the proceedings, including to court hearings, shall not be involved in resocialisation measures, short and long-duration visits, right to receive guests and also right to phone calls, video communication, right to temporarily leave the prison, and marriage registration shall not be ensured thereto.
(2) If quarantine is determined in a specific prison or the whole prison system, the restrictions specified in Paragraph one of this Section shall initially apply to all prisoners of the relevant prison. During the quarantine, the head of the Prisons Administration shall regularly review the restrictions imposed on prisoners.
Section 43. (1) The State Probation Service may replace a face-to-face meeting with the probation client with remote communication.
(2) A decision of the head of the State Probation Service which has been taken based on Section 14, Paragraph one of the law On the Operation of State Authorities During the Emergency Situation in Relation to the Spread of COVID-19 shall be in effect until the end of the time limit specified in the decision.
Special Conditions in the Field of Education, Sports, and Tourism
Section 44. (1) The term of accreditation of general education institutions, vocational education institutions, and examination centres (except for colleges), and also general education programmes and vocational education programmes (except for vocational higher education programmes) which ends before 31 August 2020 is extended until 31 December 2020.
(11) The term of accreditation of general education institutions, vocational education institutions, and examination centres (except for colleges), and also general education programmes and vocational education programmes (except for vocational higher education programmes) which expires before 31 August 2021 shall be extended until 31 May 2022 if an educational institution has submitted a justified submission to the State Education Quality Service.
(2) A licensed general education programme or licensed vocational education programme (except for a vocational higher education programme) which is to be accredited by 31 August 2020 is treated as an accredited education programme for a period until 31 December 2020 if the State Education Quality Service has, until the day of coming into force of the law On the Operation of State Authorities During the Emergency Situation in Relation to the Spread of COVID-19, received an accreditation submission from an educational institution and the educational institution is implementing another accredited general education programme or vocational education programme (except for a vocational higher education programme). An educational institution implementing such educational programme is entitled to issue State-recognised education documents regarding the acquisition of education corresponding to the educational programme until 31 December 2020.
(3) Assessment of professional activity of the heads of educational institutions which is to be performed by 31 August 2020 shall be extended until 31 December 2020.
(31) Assessment of professional activity of the heads of educational institutions which is to be performed by 31 August 2021 shall be extended until 31 May 2022 if an educational institution has submitted a justified submission to the State Education Quality Service.
(41) If an opinion of the State pedagogical and medical commission and local government pedagogical and medical commission on the most appropriate educational programme for an educatee with special needs states that a repeated evaluation of the health condition, abilities, and development level of the educatee is to be done until 31 August 2020, the time limit for the evaluation shall be extended until 30 June 2021, and until then the existing opinion shall be applied.
(42) In addition to the competence specified in the regulation regarding pedagogical and medicinal commission, local government pedagogical and medical commissions are entitled to recommend the necessary support measures in State examinations for educatees with visual impairments, hearing impairments, or physical development disorders in grades 1-12, for educatees with somatic symptom disorders in grades 1-9, for educatees with mental development disorders, serious mental development disorders, or several serious developmental disorders, learning disabilities, speech disorders, or mental health disorders in grades 5-9.
(5) The term of validity of a certificate of sports specialists and shooting instructors which ends before 31 August 2020 shall be extended until 31 December 2020.
(6) Higher education institutions and scientific institutions, including higher education institutions and scientific institutes for which elections of the main decision making bodies of a higher education institution, scientific council or director of a scientific institution are to be organised in the period until 1 May 2021 in accordance with the time periods specified in the external laws and regulations, have the right to decide to postpone elections for a period not longer than until 31 December 2021. If a higher education institution or scientific institution decides to postpone elections, until the day of entry into effect of the powers of a newly elected main decision making body of a higher education institution, scientific council or director of a scientific institution the powers of the respective bodies shall be exercised by the former elected bodies.
(7) The Minister for the Interior shall take a decision on the course of the learning process in educational institutions of the system of the Interior. The Minister for Defence shall take a decision on the course of the learning process in military educational institutions. The Minister for Justice shall take a decision on the course of the learning process in the Training Centre of the Prisons Administration.
[18 December 2020; 18 March 2021; 29 April 2021]
Section 45. (1) Section 46, Clause 2 of the General Education Law shall not apply to the duration of the academic year 2019/2020 for grade 12. The academic year 2019/2020 for grade 12 shall last until 7 July 2020.
(11) Section 36, Clauses 1 and 2 of the General Education Law shall not apply to the duration of the academic year 2020/2021 for grades 1-6, except for the duration of the academic year for grades 1-6 in the social correction education institution "Naukšēni", special education institutions, and completion of educational programmes in the form of acquisition of education in distance learning. The academic year 2020/2021 for educatees of grades 1-6 shall last until 31 May 2021.
(2) In the academic year 2019/2020, State examinations for the acquisition of the general basic education do not take place, except for the centralised examination in the Latvian language for educatees in minority educational programmes who wish to take this examination.
(21) In the academic year 2020/2021, State examinations for the acquisition of the general basic education shall be diagnostic assessment works, except for the centralised examination in the Latvian language for educatees in minority educational programmes who wish to take this examination.
(3) In the academic years 2019/2020 and 2020/2021, a certificate of general basic education and a report card are issued to educatees for the acquisition of the general basic education. The certificate of basic education shall also be issued to the educatees who take the examination referred to in Paragraphs two and 2.1 of this Section for the acquisition of general basic education.
(4) If there are several local government general secondary education institutions in the territory of the local government, the local government is entitled, when enrolling educatees in a general secondary education programme for the academic year 2021/2022, to organise unified entrance examinations according to the State basic education standard and to determine enrolment criteria.
(5) Section 60, Paragraph 3.2 of the Education Law shall not be applicable from 1 September 2021 until 31 August 2022.
[18 March 2021; 29 April 2021]
Section 46. (1) If a traveller has concluded a package travel contract and one of the parties has unilaterally terminated the contract due to the declaration of the emergency situation in the Republic of Latvia created by the spread of COVID-19 infection or due to force majeure circumstances in the holiday destination in relation to the spread of COVID-19 infection, the tour operator, instead of repaying such amount, is entitled to draw up a certification to the traveller for the amount of the unused trip (hereinafter - the certification) which the traveller can use for the purchase of other trips from that tour operator for the sum which has been paid to the tour operator by the traveller or a tour agency on behalf of the traveller if a special permit (licence) has been issued thereto and it has a valid security.
(2) The certification shall be issued in accordance with the following conditions:
1) sum of the certification shall correspond to the sum which the traveller has paid to the tour operator or agent through which the package was purchased;
2) the certification shall include information regarding the issuer, holder, date of issuing, sum of money, and validity period;
3) the certification shall be valid for 12 months from the day when the emergency situation has been revoked in the State;
4) the certification shall be issued free of charge;
5) the certification shall include a reference that it has been issued in relation to the circumstances created by the spread of COVID-19 infection.
(3) If a traveller refuses to receive the certification, the tour operator and traveller may agree on another solution, including repayment of the money and repayment time limit which cannot exceed 12 months from the day when the emergency situation is revoked in the State.
(4) If the certification or agreement on the repayment of money is reached for a period when the existing security is not valid anymore, the tour operator has an obligation to inform the traveller of the expiry of the term of validity of the existing security a month before the expiry of the valid security. If the tour operator has not received a new security two weeks before the expiry of the term of validity of the existing security, the tour operator has an obligation to inform the traveller and the Consumer Rights Protection Centre thereof and also to repay the whole amount of the money paid in by the traveller until the end of the term of validity of the existing security.
(5) A traveller can transfer the certification to another person or group of persons under a prior agreement thereon with the tour operator.
(6) If a traveller does not spend the entire sum specified in the certification or a part thereof for the purchase of another trip within the term of validity specified in the certification, the tour operator shall repay the unused sum of money to the traveller within 14 days after the end of the term of validity of the certification.
(7) A tour operator shall keep a record of the certifications by indicating at least their holder, date of issuing, value, and term of validity. Information regarding the issued certifications shall be submitted to the Consumer Rights Protection Centre once per quarter together with quarterly reports.
(8) The security of a tour operator (insurance policy issued by an insurer or a guarantee issued by a credit institution) shall apply to the certifications issued to travellers in accordance with the scope of commitments provided in the security.
(9) The amount of the security for a tour operator shall be at least in the amount of the sums of money paid by travellers, but not less than EUR 3000. If the amount of the sums of money paid by travellers to the tour operator does not exceed EUR 10 000, the coefficient 1.5 shall be applied to the calculation of the amount of the necessary security.
Conditions for the Provision of Social Services and Social Assistance and Special Conditions in the Field of Health Care
Section 47. (1) If a provider of social services is able to ensure compliance with the epidemiological safety measures, the placement of new clients in social service institutions which provide social services with accommodation is allowed.
(2) If in an institution where social services with accommodation are provided by a social service provider founded by a local government or State or such social service provider which has entered into a contract with a local government or State for the provision of the abovementioned services clients are found to have contracted COVID-19 infection, the service provider shall, in addition to the maximum amount of supplements laid down in Section 14, Paragraph two of the Law on Remuneration of Officials and Employees of State and Local Government Authorities, determine a supplement for the personnel involved in the care in conditions of increased risk for the care of the infected clients and contact persons of such clients in the amount of up to 50 per cent of a monthly wage for the period between 1 December 2020 and 30 June 2021. The abovementioned supplement may also be determined for the personnel involved in testing of persons with the SARS-CoV-2 rapid antigen tests.
(3) Additional expenditures of local governments for supplements in institutions founded by a local government and institutions with which a contract has been entered into for the provision of the services referred to in Paragraph two of this Section in the amount of 50 per cent of the actual additional expenditures of local governments shall be covered from the State budget programme "Funds for Unforeseen Events":
1) in order to receive an earmarked grant the local government shall, by the tenth day of the month following the reporting month, in accordance with laws and regulations regarding the procedures by which the Treasury ensures electronic information exchange by using the information system of the Treasury "Information System for Budget Reports of Ministries, Central State Institutions and Local Governments", submit a report, including the following information therein:
a) the financing disbursed by the local government for the supplements disbursed in institutions founded by the local government and institutions with which a contract has been entered into for the provision of the services referred to in Paragraph two of this Section;
b) the number of institutions, the number of COVID-19 positive clients, and the number of persons involved in the care who have received the supplement;
c) the account of the local government with the Treasury or the credit institution for the receipt of the earmarked grant and the implementation of expenditures;
2) the Ministry of Welfare:
a) shall make a payment of the earmarked grant to the local government within 10 working days after evaluation of the report and recognition thereof as appropriate;
b) is entitled to control the utilisation of the earmarked grant randomly by requesting additional information from the local government;
c) if any errors are established in the report or violations in the granting and disbursement of supplements, the disbursement of the earmarked grant shall be suspended until clarification of the report or rectification of the violations; after clarification of the report or rectification of the violations a re-calculation and payments shall be made for the previous period but the funds disbursed unduly shall be deducted from the funds provided for in the following month for the local government.
(4) In order to compensate for additional expenditures for supplements in institutions with which the Ministry of Welfare has entered into a contract for the provision of the services referred to in Paragraph two of this Section, the Ministry of Welfare and the abovementioned authorities shall enter into an additional agreement to the contract entered into for the supplements above the specified contract prices which determines the information to be included in the report, the procedures for submission thereof, the control conditions, and the procedures for receiving financing.
Section 47.1 For achievement of the epidemiological safety objectives, a social service provider has an obligation to comply with the requirements, instructions, guidelines, and other measures of the local government and State competent authorities for minimising the risks to health of the personnel and clients. The head of an institution shall be responsible for organising the work in accordance with the epidemiological safety requirements in the institution managed thereby.
Section 47.2 (1) Upon request of a parent, a local government shall, without delay, ensure care for a child in a childcare institution or other premises which are adapted for short-term care for a child if the parent has contracted COVID-19 and is in a medical treatment institution, and the self-isolation of and care for the child at relatives or other persons close to the child cannot be ensured.
(2) In the case referred to in Paragraph one of this Section, the Orphan's and Custody Court shall take a unilateral decision on ensuring care for a child on the basis of a submission of a parent. The Orphan's and Custody Court shall unilaterally terminate such decision after recovery of the parent.
Section 48. If the term of validity of the status of a low-income or needy person or status of a needy person according to provisions for the receipt of aid specified by the Fund for European Aid to the Most Deprived (average income per family member does not exceed EUR 242 per month) determined to a family (person) expires or it needs to be extended within three months after revocation of the emergency situation, a local government social service office has the right to determine such status based on the previously submitted documents. During this period, the family (person) shall retain all the benefits and reliefs granted by a local government and the State to which such family (person) has the right as a low-income or needy family (person).
Section 49. If a police decision on separation or a court decision on temporary protection against violence which prohibits to stay in a dwelling has been taken with regard to a person who must implement special epidemiological safety measures during the validity of this Law and the person himself or herself is not able to ensure self-isolation, a local government shall, to the extent possible, provide this person with a place for self-isolation. The person (except for a person with disability and a person who has been recognised as a low-income or needy person) shall cover the expenses related to the provision of the place for self-isolation.
Section 49.1 During the emergency situation a local government may grant social services and social assistance for satisfying the basic needs also to a target group which does not correspond to the conditions of Section 3 of the Law on Social Services and Social Assistance if it is impossible to satisfy the basic needs of a person otherwise.
Section 49.2 For the persons employed in medical treatment institutions which provide outpatient or inpatient health care services, in practices of general practitioners, and also in the State Emergency Medical Service and the State Blood Donor Centre, for pharmacists, and also for the civil servants and employees of the Ministry of Health, the Centre for Disease Prevention and Control, and the National Health Service, a supplement of up to 100 % of the monthly wage may be specified for work under conditions of increased risk and workload due to the outbreak of COVID-19 and elimination of its consequences in addition to the maximum amount of supplements laid down in Section 14, Paragraphs two and thirteen of the Law on Remuneration of Officials and Employees of State and Local Government Authorities. The Minister for Health shall decide on the use of the funding based on the actual needs. The Ministry of Health shall request the additional financial resources necessary for supplements from the State budget programme 02.00.00 "Funds for Unforeseen Events".
Section 49.3 For the persons employed in medical treatment institutions which provide inpatient health care services, and also in the State Emergency Medical Service and the State Blood Donor Centre, for civil servants and employees of the Ministry of Health, the Centre for Disease Prevention and Control, the National Health Service, and the Health Inspectorate such overtime work may be determined which exceeds the maximum overtime work specified in the Labour Law and in Section 53.1, Paragraph two of the Medical Treatment Law, but does not exceed 60 hours per week. Section 136, Paragraph four of the Labour Law shall not apply to the cases referred to in this Section. The Ministry of Health shall request the additional financial resources necessary for overtime work remuneration from the State budget programme 02.00.00 "Funds for Unforeseen Events".
Section 49.4 In addition to the groups of persons specified in the Health Care Financing Law who have the right to receive health care services within the scope of the State mandatory health insurance and the groups of persons specified in Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems who have the right to receive health care services to the same extent as persons insured in Latvia, the persons who have been granted a temporary residence permit in Latvia, foreign students studying full-time in Latvia, employees of foreign diplomatic and consular missions, international organisations and their representations who are accredited and residing in Latvia and their family members shall also be vaccinated against COVID-19 infection throughout the vaccination period.
Section 49.5 The following persons may perform vaccination at a medical treatment institution which has the right to vaccinate against COVID-19 infection in the indicated order of priority:
1) a doctor, nurse, doctor's assistant, midwife, and dentist registered in the Register of Medical Practitioners and Medical Treatment Support Personnel;
2) a medical assistant whose professional knowledge and skills required for performing vaccination are individually assessed by a medical treatment institution, a radiologist assistant, biomedical laboratory assistant, physiotherapist, occupational therapist, masseur, podologist, cosmetician, beauty care specialist in cosmetology and radiographer registered in the Register of Medical Practitioners and Medical Treatment Support Personnel who perform vaccination under direct supervision of a certified health care practitioner (doctor, doctor's assistant, nurse, midwife);
3) an optometrist, dental hygienist, dentist's assistant, dental technician, assistant to a physiotherapist, assistant to an occupational therapist, nursing assistant, audio speech therapist, art therapist, nutritional specialist, and technical orthopaedist registered in the Register of Medical Practitioners and Medical Treatment Support Personnel who perform vaccination under direct supervision of a certified health care practitioner (doctor, doctor's assistant, nurse, midwife);
4) a doctor, nurse, doctor's assistant, midwife, and dentist if the period for which they have been registered in the Register of Medical Practitioners and Medical Treatment Support Personnel has expired not later than five years from the day when the relevant medical practitioner has been employed by the medical treatment institution to perform vaccination against COVID-19 infection.
Section 49.6 (1) During the spread of COVID-19 infection, the limited intensive care resources shall be used and prioritisation of patients in accordance with medical criteria shall be done according to evidence based medical principles. The Cabinet shall determine the main principles and criteria for the use of the limited intensive care resources and prioritisation of patients.
(2) The recommendations developed by the professional organisations of medical practitioners and consultative health care authorities for ensuring the treatment process of persons infected with COVID-19, and also the recommendations for the use of the limited intensive care resources and prioritisation of patients during the spread of COVID-19 infection shall be approved by the Minister for Health upon receipt of an opinion from the competent authority of the health sector. After approval, the recommendations shall be published on the website of the Centre for Disease Prevention and Control, and the medical treatment institutions which ensure the treatment process of persons infected with COVID-19 shall be informed thereof.
Section 49.7 (1) The Cabinet shall, according to the principles for the disbursement and amounts of compensation from the Medical Treatment Risk Fund, determine the procedures for the granting and disbursement of compensation if serious or moderately serious harm to the health or life of a patient has been inflicted due to adverse effects caused by vaccination against COVID-19 infection, and also the procedures by which expenditures related to medical treatment shall be reimbursed if such had been necessary in order to eliminate or reduce the consequences of the serious or moderately serious harm inflicted.
(2) A compensation claim of a patient for the serious or moderately serious harm to the health or life of the patient inflicted due to adverse effects caused by vaccination against COVID-19 infection, and also a claim regarding reimbursement of the expenditures related to medical treatment specified in Paragraph one of this Section shall be examined and a decision shall be taken within six months after receipt of the compensation claim. If additional information needs to be requested, collected, and evaluated, the period for examining the compensation claim and taking the decision may be extended for up to one year.
(3) A patient shall request a compensation for the serious or moderately serious harm to his or her health or life inflicted due to adverse effects caused by vaccination against COVID-19 infection, and also expenditures related to the medical treatment thereof not later than within two years from the day of discovering the harm, however, not later than within three years from the day of vaccination. The compensation referred to in this Section shall not be disbursed if the patient has already received compensation for the harm inflicted on his or her life or health, and also compensation for the expenditures related to his or her medical treatment within the scope of civil or criminal proceedings.
Section 49.8 State and local government capital companies the type of the basic activity of which is the provision of health care services and which provide inpatient health care services to COVID-19 patients have the right to organise volunteer work in accordance with the procedures laid down in the Volunteer Work Law.
Section 49.9 Insurance of a performer of volunteer work is not ensured for the work performed by a volunteer in the medical treatment institutions specified in Section 49.8.
Administrative Liability for the Failure to Comply with the Restrictions Specified in the Law and Restrictions Specified within the Scope of Administrative Proceedings
Section 50. (1) For the failure to comply with an epidemiological safety measure specified for the containment of the spread of COVID-19 infection, a warning or a fine of up to four hundred units of fine shall be imposed on a natural person, but a fine from twenty-eight to thousand units of fine on a legal person.
(2) [18 December 2020]
(3) For the failure to fulfil the obligation imposed on the person to include information in the information system for monitoring persons, a fine from two to four hundred units of fine shall be imposed.
[21 July 2020; 1 October 2020; 18 December 2020; 25 March 2021; 4 November 2021]
Section 51. (1) Administrative offence proceedings for the offence referred to in Section 50, Paragraph one of this Law shall be conducted by the administrative inspectorate of the local government, the municipal police, the State Education Quality Service, the Consumer Rights Protection Centre, the Food and Veterinary Service, the State Labour Inspectorate, the State Revenue Service, the State Police, the State Border Guard, the State Fire and Rescue Service, or the Health Inspectorate.
(3) Administrative offence proceedings for the offence referred to in Section 50, Paragraph three of this Law shall be conducted by the Health Inspectorate, the State Police, the State Border Guard, and a municipal police.
(4) [4 November 2021]
[1 October 2020; 29 October 2020; 18 December 2020; 4 November 2021]
Section 52. (1) If a trading site (unit) or a site (unit) where services are provided has not developed or introduced an internal control system for the implementation of epidemiological safety measures and it may cause immediate and essential harm to public health interests, the State Police or municipal police may, in accordance with the procedures laid down in the Administrative Procedure Law, take a written decision to close the trading site (unit) or the site (unit) where services are provided for visitors for a period of up to seven days.
(2) The responsible person appointed by an economic operator has an obligation to take the decision referred to in Paragraph one of this Section. The decision shall be notified in accordance with the procedures laid down in the Law on Notification.
(3) The decision referred to in Paragraph one of this Section shall enter into effect at the moment of its notification and must be enforced without delay. Contesting or appeal of the decision shall not suspend its validity.
[25 March 2021; 4 November 2021]
1. With the coming into force of this Law, the law On the Operation of State Authorities During the Emergency Situation in Relation to the Spread of COVID-19 (Latvijas Vēstnesis, 2020, No. 67B, 88B) is repealed.
2. Until 30 June 2020, the enforcement of the administrative penalty - administrative arrest - shall not be carried out.
3. The requirement of Section 20, Paragraph four of this Law to provide a possibility for the interested parties to ask questions and receive answers through the use of an online video conferencing tool or another online communication tool during remote consultation shall not be applied if the public consultation specified in the environmental laws and regulations has been announced until the day of coming into force of this Law.
4. The examination of cases which has been commenced in the written procedure in accordance with Section 4, Paragraphs one and three and Section 5, Paragraphs one, two, and five of the law On the Operation of State Authorities During the Emergency Situation Related to the Spread of COVID-19 shall be completed in the written procedure.
[21 July 2020]
5. The payment specified in Section 19 of this Law shall be made from the funds granted to the Legal Aid Administration under the budget sub-programme 03.03.00 of the Ministry of Justice "Provision of Legal Aid" in accordance with the law On the State Budget for 2020 by allocating funding of not more than EUR 12 000 for this purpose.
6. If allowed by the epidemiological safety requirements, a prison shall ensure the following within a month after revocation of the emergency situation:
1) commencement of the execution of the incentive - the permission of the head of the deprivation of liberty institution to temporary leave the territory of the deprivation of liberty institution - on the first-come, first served basis;
2) reinstatement of the implementation of interest and informal education programmes;
3) reinstatement of the marriage registration for convicted persons;
4) by previously agreeing thereupon with the relevant employer, the permission for a convicted person to leave an open prison within the scope of employment;
5) permission for convicted persons in open prisons to receive guests;
6) reinstatement of the operation of the commission which decides on the transfer of convicted persons sentenced with deprivation of liberty for life (life imprisonment) to premises where those convicted persons which are not sentenced for life serve their sentence at a closed prison;
7) reinstatement of accepting parcels intended for convicted persons.
7. Within a month after revocation of the emergency situation, the State Probation Service shall:
1) review the restrictions imposed on probation clients and revoke them if such restrictions have been imposed based on the emergency situation declared in the State and are not needed anymore;
2) commence the organisation of the execution of the criminal punishment - community service - and compulsory measure of correctional nature - community work - for the probation clients to whom the execution was suspended for the period of the emergency situation.
8. Section 35 of this Law shall come into force on the day when the law On Measures for the Prevention and Suppression of Threat to the State and Its Consequences Due to the Spread of COVID-19 is repealed.
9. Chapter VII of this Law shall come into force concurrently with the Law on Administrative Liability.
10. This Law shall be in force for as long as there are threats to the epidemiological safety in relation to the spread of COVID-19 infection. At least once every three months, the Cabinet shall submit to the Saeima a report on the threats to the epidemiological safety in relation to the spread of COVID-19 infection. The Saeima shall recognise this Law as repealed by a separate law.
11. Local governments shall ensure that starting form 20 November 2020 mouth and nose covers are available to low-income or needy persons.
12. Section 50.1 and Section 51, Paragraph four of this Law shall come into force on 20 November 2020.
13. Amendment to Section 25 of this Law which provides for the replacement of the words "State Centre for Defence Military Objects and Procurement" (in the relevant case) with the words "State Centre for Defence Logistics and Procurement" (in the relevant case) shall come into force on 1 January 2021.
14. A tour operator and a traveller may agree on the extension of the certifications which have been issued in accordance with Section 46, Paragraph two, Clause 3 of this Law within the period from 12 March 2020 to 9 November 2020 for up to 18 months from the day of revocation of the emergency situation in the State on 9 June 2020.
15. A tour operator and a traveller may agree on the extension of the agreements which have been entered into in accordance with Section 46, Paragraph three of this Law within the period from 12 March 2020 to 9 November 2020 for up to 18 months from the day of revocation of the emergency situation in the State on 9 June 2020.
16. In order to renew sports activities on site, the provision of trade and catering services as soon as allowed by the epidemiological situation, the Cabinet shall determine the following by 31 March 2021:
1) the epidemiological safety requirements and the procedures for the course of sports activities for children and youth indoors and outdoors in conformity with the nature of each type of sport and the principle of regional availability;
2) the epidemiological safety requirements and the procedures by which the operation of sales locations may be ensured in conformity with the safe trade concept;
3) the epidemiological safety requirements and the procedures by which public catering shall be provided outdoors.
17. The public consultation which has been commenced until the day of coming into force of amendments to Section 21 of this Law regarding the public consultation on spatial development planning documents of a planning region and local government remotely shall be considered as having taken place if the conditions of Section 21, Paragraph three, Clauses 1, 3, 4, and 5 have been met.
18. Section 31.2 of this Law in relation to the officials with special service ranks of the Tax and Customs Police and Customs Board of the State Revenue Service shall be applicable from 1 March 2021.
19. The payment specified in Section 19 of this Law shall be made from the funds granted to the Legal Aid Administration under the budget sub-programme 03.03.00 of the Ministry of Justice "Provision of Legal Aid" in accordance with the law On the State Budget for 2021 by allocating not more than EUR 15 000 for this purpose.
20. The Prime Minister assigns the responsible minister to liquidate the Vaccination Project Bureau by 1 June 2021.
21. From 7 May 2021, the providers of public catering services shall be permitted to provide public catering services in outdoor spaces in compliance with the epidemiological safety measures determined by the Cabinet for public catering services. Depending on the epidemiological situation, the Cabinet may take the decision to suspend the provision of the abovementioned services for a specific period.
22. Sub-paragraphs 32.8 1, 32.8 3, and 32.8 4 of Cabinet Regulation No. 360 of 9 June 2020, Epidemiological Safety Measures for the Containment of the Spread of COVID-19 Infection, become invalid.
23. [6 July 2021]
24. All medical practitioners registered with the Register of Medical Practitioners and Medical Treatment Support Persons may provide services that correspond to the profession of the medical practitioner by complying with the epidemiological safety requirements laid down by the Cabinet. If the Medical Treatment Law does not require the place where the service is provided to be a medical treatment institution, the medical practitioner may provide the service also at a place which is not a medical treatment institution.
[27 May 2021]
25. If an employee (official) has been suspended from work (office, service) in accordance with the epidemiological safety requirements prior to the day of coming into force of Section 7.3 of this Law, the maximum period of suspension or furlough provided for in Section 7.3, Paragraph four of this Law shall be counted from the day when the employer has taken the decision on the suspension or furlough of the employee (official).
The Law shall come into force on the day following its proclamation.
The Law has been adopted by the Saeima on 5 June 2020.
President E. Levits
Rīga, 9 June 2020
1 The Parliament of the Republic of Latvia
Title: Covid-19 infekcijas izplatības pārvaldības likums Status:
in force Issuer: Saeima Type: law Adoption: 05.06.2020.Entry into force: 10.06.2020.Theme: Education, science, sport; Healthcare, pharmacy; Social protection; Judiciary; Human rights; State institutions, public service; COVID-19; Administratīvās atbildības ceļvedisPublication: Latvijas Vēstnesis, 110A, 09.06.2020. OP number: 2020/110A.1
Legal basis of
General Findings of the Supreme Court
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