Print   

The Supreme Council

of the Republic of Latvia

has adopted a Law

On Public Organisations and Associations Thereof

15 December 1992

(with amendments of: 6 April 1993; 11 May 1993; 5 April 1995; 16 October 1997; 11 December 1997; 25 November 1999; 31 March 2004)

Division One.

Basic Provisions for the Establishment, Registration, Activity and Liquidation of Public Organisation and Associations thereof

I. General Provisions

Section 1. Concept of Public Organisation

In order to mutually co-ordinate activities and reach the goals specified in the articles of association, several natural or legal persons may establish a public organisation on the basis of voluntary participation and community of goals, establishing a joint management body in accordance with the procedures prescribed in this Law.

A public organisation may not have as its goal profit-making as well as economic activities as its purpose and nature.

State administrative institutions and local governments may join together in public organisations only in the cases specified by law and in accordance with the procedures specified by the Cabinet. Local government institutions may join together in public organisations in accordance with the procedures that are specified by the relevant local government.

[25 November 1999]

Section 2. Concept of an Association of Public Organisations

In order to mutually co-ordinate activities and reach the goals specified in the articles of association, several public organisations may establish an association of public organisations on the basis of voluntary participation and community of goals by establishing a joint management body in accordance with the procedures prescribed in this Law.

[25 November 1999]

Section 3. Laws On Public Organisations and Associations Thereof

The basic provisions for the establishment, registration, activity and liquidation of public organisations and associations thereof are prescribed in Division One of this Law and other laws as well as regulatory enactments adopted on the basis thereof.

Additional provisions for the establishment, registration, activity and liquidation of particular public organisations, as well as different provisions of  regulation are prescribed in the Division Two of this Law.

The provisions of this Law do not apply to trade unions, religious and other organisations whose purpose and nature of activity is not profit-making and the activity of which is regulated by other laws.

II. Establishment of Public Organisations and Associations thereof

Section 4. Preconditions for the Establishment of Public Organisations and Associations thereof

In order to establish a public organisation or an association of public organisations, a general meeting, congress or conference shall be convened in which persons associating in the public organisation or  association of public organisations must take a decision regarding the establishment of a public organisation or an association of public organisations and the articles of association thereof, must elect a permanently functioning management body or a manager, as well as an audit body of economic and financial activities. In establishing an association of public organisations, each public organisation that participates in the establishment thereof shall take a decision regarding participation in the establishment of an association of public organisations in accordance with the procedures specified in the articles of association of such public organisation.

Latvian branches of public organisations founded and operating in foreign states may be established in Latvia if the purpose, nature and articles of association of such organisations and associations are not in conflict with the Constitution and laws of the Republic of Latvia. The provisions for the registration, activity and liquidation provided for in this Law and other laws of the Republic of Latvia apply to such branches.

[16 October 1997]

Section 5. Management of Public Organisations and Associations Thereof

Managers of public organisations and associations thereof may only be persons of legal age whose registered place of residence is Latvia.

Only persons of legal age may be in collegial management bodies of public organisations and associations thereof, as well as in audit bodies of economic and financial activities. At least half of the members of such bodies shall have their place of residence registered in Latvia.

[25 November 1999]

Section 6. Members of Public Organisations

Members of a public organisation shall be:

1) persons who have established the public organisation; and

2) persons who joined the public organisation after the establishment thereof.

A member of a public organisation may be a person who has reached the age of 16. Persons who are under the age of 16 may join the public organisation upon the submission of a written permission of their parents or guardian.

If the public organisation is established by legal persons or legal persons become the members of such organisation, such legal persons shall authorise their representatives – natural persons – in accordance with the procedures specified in the articles of association of such legal persons or in other documents regulating the activity thereof to participate in the general meeting, congress or conference of establishment of the relevant public organisation and – in case of election – in the bodies of management as well as audit of economic and financial activities.

Each public organisation shall maintain a register of the members thereof, wherein the given name, surname, personal identity number and address of the place of residence shall be indicated (name and address of a legal person). Information regarding the address and personal identity number of the organisation members shall be accessible only to the members of the relevant public organisation, as well as to the controlling and law enforcement authorities.

[25 November 1999]

Section 7. Rights of Members of Public Organisations

Members of public organisations, regardless of whether such members have established the relevant public organisation or have became members after the establishment thereof, as well as regardless of whether such members are natural or legal persons, have the same rights even if a different membership fee or admission fee has been set for such members.

Members of public organisations have the right to withdraw from the public organisation, notifying in writing the permanently functioning management body or the head of the public organisation.

When withdrawing, the membership fee and admission fee shall not be refunded.

Unpaid admission fee or membership fee may not be recovered by judicial process.

[6 April 1993, 5 April 1995, 25 November 1999]

Section 7.1 Persons who may Participate in the Work of Public Organisations

Persons who are not members of the relevant public organisation – membership candidates, honorary members, associate members, senior members and other persons with a special status whose rights and duties are determined by the articles of association of the relevant public organisation – may also participate in the activities of public organisations.

[25 November 1999]

Section 7.2 Civil Liability of Members of Public Organisations

Members of public organisations shall not be liable for the civil legal commitments of the relevant public organisation.

[25 November 1999]

Section 8. Articles of Association of Public Organisations and Associations thereof

The articles of association of a public organisation or association of public organisations shall indicate:

1) the purpose of the activities, tasks and methods;

2) the name and abbreviation thereof, symbols (a description  or picture thereof), if any, the territory of activity and the location of the permanently functioning management body or the head (town or parish);

3) the structure, composition, election procedures, competence, procedures for the taking of decisions and terms of office of the management body functioning on an ongoing basis, as well as the audit body of economic and financial activities;

4) the legal relationship with territorial and other constituent bodies;

5) the regulations for admission to and exclusion from membership;

6) the rights and obligations of members;

7) the institution or official that is entitled to take decisions regarding the acquisition and alienation of movable and immovable property;

8) the procedures for the acquisition and utilisation of financial resources;

9) the procedures for self-liquidation and reorganisation;

10) the procedures for the utilisation of property and financial resources, if the public organisation or association of public organisation is liquidated by a decision of the general meeting, congress or conference; and

11) other provisions that may be necessary for the activities of the public organisation or association of public organisations.

[5 April 1995; 25 November 1999]

Section 9. Name and Symbols of Public Organisations and Associations thereof

The name, abbreviation of the name and symbols of public organisations and associations thereof shall clearly differ from the name, abbreviation of the name and symbols of the State and local government institutions, mass media, companies (undertakings) and public organisations and associations thereof already registered in Latvia (regardless of whether or not such organisations continue to operate). Utilisation of the name, abbreviation thereof or symbols of an already registered public organisation is permitted only in the cases that are provided for in Sections 32., 32.1 and 32.2 of this Law .

Names, abbreviation of the names and symbols of public organisations and associations thereof are prohibited, which:

1) match the name, abbreviation of the name or symbols of such organisation or group which, in accordance with the judgment of the Nuremberg International Military Tribunal, has been recognised as criminal, or which reproduce the name, abbreviation of the name or symbols of such organisation or group;

2) match the name, abbreviation of the name or symbols of such foreign organisation, the goal or activities of which are aimed against the independence, sovereignty or security of Latvia, or which reproduce the name, abbreviation of the name or symbols of such organisation;

3) match the name, abbreviation of the name, symbols or a characteristic element of military formations of another state, including a no longer existing state, or reproduce the name, abbreviation of the name, symbols or a characteristic element of such formations;

4) generate a positive attitude towards violence or criminal offences; or

5) match the name, abbreviation of the name or symbols of such public organisations or associations of public organisations, the activities of which have been recognised as anti-constitutional or suspended, or reproduce the name, abbreviation of the name or symbols of such public organisations or associations thereof.

[25 November 1999]

III. Registration of Public Organisations and Associations thereof

Section 10. Registration Application

A registration application shall be submitted for the registration of a public organisation or association of public organisations.

The registration application shall be submitted not later than within a period of one month from the day when a decision regarding the establishment of the public organisation or association of public organisations has been taken, articles of association have been approved and management bodies as well as audit bodies of economic and financial activities have been elected in a general meeting, congress or conference of the public organisation or association of public organisations.

The following documents shall be appended to the registration application:

1) the articles of association certified by an authorised person;

2) an extract from the minutes of the general meeting, congress or conference regarding the establishment of the public organisation or association of public organisations, the adoption of the articles of association, the election of the permanently functioning management bodies and audit bodies and regarding the authorisation of the relevant person to represent the public organisation or association of public organisation during the registration process;

3) a document regarding the payment of the State fee; and

4) for the registration of an association of public organisations – also a decision of each public organisation included in the referred to association regarding the establishment of an association of public organisations, taken in accordance with the procedures specified in the articles of association of the relevant organisation.

A registration application of the Latvian branch of public organisations established and functioning in foreign states shall also have attached the articles of association of the relevant public organisation and written evidence that such foreign organisation recognises the branch established in Latvia as a unit of such foreign organisation.

[25 November 1999]

Section 11. Registration

Public organisations, as well as associations of public organisations, except political organisations (parties) and associations thereof, shall be registered in a register of public organisations. Political organisations (parties) and associations thereof shall be registered in a register of political parties.

If a public organisation or association of public organisations is registered, a registration certificate shall be issued or sent by post to an authorised person.

[25 November 1999]

Section 12. Deferment of Registration

Registration may be deferred for a period of up to three months:

1) if complaints have been received from natural or legal persons, or documents of the State or local government institutions regarding the infringements of the procedures specified in this Law for the establishment of public organisations and associations thereof; or

2) if the requirements of this Law and other laws have not been complied with in developing the articles of association.

The reasons due to which the registration of a public organisation or association of public organisations is deferred shall be indicated in a decision regarding the deferment of registration.

The decision shall be issued or sent by post to an authorised person not later than within a period of three days after the taking thereof.

[5 April 1995; 25 November 1999]

Section 13. Rejection of a Registration

Public organisations and associations thereof shall not be registered if:

1) the articles of association submitted or programme documents indicate that the goals or activities of a public organisation or association of public organisations are in conflict with the Constitution, laws of the Republic of Latvia or international agreements binding on Latvia;

2) the procedures for the establishment of public organisations or associations thereof specified in this Law have been violated; or

3) shortcomings (deficiencies) in the articles of association, name, abbreviation of the name or symbols of the public organisation or association of public organisations have not been eliminated after the deferment of registration.

The reasons due to which the public organisation or association of public organisations is not registered shall be indicated in a decision regarding a refusal of registration.

The decision shall be issued or sent by post to an authorised person not later than within a period of three days after the taking thereof.

[11 November 1993, 5 April 1995, 25 November 1999]

Section 14. Contesting and Appeal of a Decision

A submission wherein the decisions referred to in Paragraphs 12 and 13 of this Law are contested may be submitted to the Chief State Notary of the Enterprise Register. A decision of the Chief State Notary of the Enterprise Register may be appealed to a court.

A submission or application shall be signed by the authorised person of a public organisation or association of public organisations.

[31 March 2004]

Section 15. Legal Effect of Registration

From the day when a public organisation or association of public organisations is registered, such organisation or association obtains the rights of a legal person and becomes a private-law body.

Public organisations and associations thereof may begin the activities provided for by laws and in the articles of association thereof from the day of registration.

[25 November 1999]

Section 15.1 Amendments to Articles of Association, Change of Address of a Public Organisation and Association of Public Organisations and Changes in the Composition of the Permanently Functioning Management Body

Amendments to the articles of association of a public organisation or association of public organisations shall come into effect at the time of taking thereof, but in respect to third parties – only after the registration of the new version of the articles of association (with amendments) in the relevant register. Amendments to the articles of association may not have a retrospective effect.

An application regarding the registration of amendments to the articles of association shall be submitted and examined in accordance with the procedures specified in Sections 10-14 of this Law. The application and, if necessary, also a complaint shall be signed by an authorised person or the head of the public organisation or association of public organisations.

In addition to what is specified in Paragraphs 12 and 13 of these Regulations the registration of amendments to the articles of association may be deferred if a decision regarding the amendment of articles of association has been taken in violation of the procedures specified in the articles of association, and registration may be refused if the violation of the articles of association is not eliminated.

A public organisation or association of public organisations shall notify the relevant register within a period of 15 days regarding the change of the location of the permanently functioning management body or the head, as well as regarding all the changes in the composition of the permanently functioning management body.

[25 November 1999; 31 March 2004]

IV. Activities of Public Organisations and Associations Thereof

Section 16. Public Activities

In order to reach the goals provided for in the articles of association, public organisations and associations thereof have the right to carry out public activities that are not in conflict with regulatory enactments.

For such purpose, such organisations and associations may:

1) freely distribute information regarding the activities thereof;

2) establish their own press publications and other mass media;

3) organise mass rallies, demonstrations, street processions and meetings in public places;

4) maintain contacts with the public organisations of other states;

5) shape public opinion; and/or

6) carry out other public activities.

In matters related to the goals and tasks of the activities of the relevant public organisation or association of public organisations, such organisation or association may turn to the State and local government institutions and, if provided for in the articles of association, – also to a court in order to defend the rights of the members thereof or interests protected by law.

Public organisations and associations thereof, in the cases provided for by laws and Cabinet regulations, may become  public-law bodies and perform individual State functions transferred thereto.

If a public organisation or association of public organisations performs State functions, it has the following rights:

1) to receive information from the State and local government institutions that is necessary to perform the State functions transferred to the relevant public organisation or association of public organisations; and

2) to be present and express the opinion of the organisation or association at the meetings of the State and local government institutions when matters related to the State functions transferred to the relevant public organisation or association of public organisations are examined.

If a public organisation or association of public organisations performs State functions, it has the following duties:

1) to provide opinions at the request of the State and local government institutions in matters related to the State functions transferred to the relevant public organisation or association of public organisations; and

2) to examine submissions, complaints and proposals of natural or legal persons in accordance with the procedures specified by law;

[25 November 1999; 31 March 2004]

Section 17. Prohibition to Form Armed or Militarised Units

Public organisations and associations thereof are prohibited from arming their members, organising military training for such members and forming militarised units.

Members of public organisations may wear military uniform only if the relevant organisation has received a permit of the Minister for Justice. An attire is considered to be a military uniform if it :

1) matches the uniforms of military formations of Latvia or other states, including no longer existing states, or is similar to such uniforms; or

2) matches uniforms of the Latvian State Police or local government police or is similar to such uniforms.

[25 November 1999]

Section 18. Entrepreneurship and Economic Activities

In order to reach the goals specified in the articles of association, public organisations and associations thereof in accordance with the procedures specified in the laws are entitled:

1) to acquire movable and immovable property;

2) establish companies, purchase shares or stock in companies; and

3) carry out economic activities related to the maintenance and utilisation of the property of such organisations or associations, as well as other economic activities that are not systematic and which do not have a profit-making purpose and nature.

Legal and financial relationships of a public organisation or association of public organisations  with the established companies (undertakings) shall be specified by laws, articles of association or agreement of the public organisation or association of public organisations and the company (undertaking).

[5 April 1995; 25 November 1999]

Section 19. Restrictions on Entrepreneurship and Other Economic Activities

A public organisation and an association of public organisations shall be a non-profit organisation and the income obtained as a result of its economic activities, as well as other income permitted by this Law, shall be used for the purposes provided for in the articles of association of such public organisation or association of public organisations, and such income may not be shared among the members of the public organisation or association of public organisations. The income surplus over expenses shall be paid into a reserve fund that transfers to the next financial year, such surplus shall not be subject to income tax.

In case of the self-liquidation of the public organisation or association of public organisations, the property and financial resources may not be divided among the members of the public organisation.

[25 November 1999] (Amendments to Section 19, Paragraph one of the Law shall come into force on 1 January 2000.))

Section 20. Financial Resources

Financial resources of public organisations and associations thereof may consist of:

1) membership fees and admission fees;

2) donations of natural and legal persons;

3) income from entrepreneurship or other economic activities; and

4) other income from financing sources that are not prohibited by laws or other regulatory enactments.

Local governments and the State or local government undertakings are prohibited from financing the political activities of any public organisations. Local governments and the State or local government undertakings may finance only the implementation of the target programmes of public organisations or associations thereof (except political target programmes). Such financial resources may not be utilised for the hiring of employees of public organisations or associations thereof.

Public organisations and associations thereof are prohibited from taking levies, as well as other payments, which are mandatory for legal or natural persons, except membership fees and admission fees. If the performance of State functions has been delegated to public organisations and associations thereof by regulatory enactments adopted by the Cabinet, the Cabinet or – under the authorisation thereof – the relevant ministry shall determine the charges for the performance of such functions.

[6 April 1993, 5 April 1995, 25 November 1999]

Section 21. Transparency of the Activities of Public Organisations

Each year not later than by 31 March, public organisations and associations thereof shall submit a report regarding the income and expenditure of the previous year in accordance with the procedures specified by the State Revenue Service. Any member of the relevant public organisation, as well as mass media journalists, may become acquainted with such report.

Any member of the relevant public organisation may be present at the meetings of the bodies of public organisations. The articles of association shall specify the rights and duties of the members present.

Journalists of the mass media may be present at the meetings of the highest decision-making bodies of the public organisations – general meetings, congresses and conferences.

Members of the public organisations and journalists of the mass media may become acquainted with the decisions taken by the public organisations and officials thereof.

[5 April 1995]

Section 21.1 Provisions regarding Accounting Records

Public organisations and associations thereof shall maintain accounting records in accordance with the regulatory enactments in force.

[25 November 1999]

Section 22. Taxes

Public organisations and associations thereof shall pay taxes in accordance with the procedures and in the amounts specified by laws.

Section 23. Audit of Entrepreneurship and Other Economic and Financial Activities

The entrepreneurship and other economic and financial activities of a public organisation or association of public organisations shall be examined not less than once a year and the accounting of such organisation or association shall be audited by the audit body of the public organisation or association of public organisations.

[5 April 1995]

V. Supervision and Control of the Activities of Public Organisations and Associations thereof

Section 24. Supervision and Control of Activities

The activities of public organisations and associations thereof shall be supervised and controlled by the State institutions within the scope of the competence specified by regulatory enactments.

The officials of institutions shall control within the scope of the service duties, whether public organisations and associations thereof comply with the laws and other regulatory enactments and whether the activities thereof comply with the articles of association. Such officials have the right to participate in the meetings of the public organisations, as well as to become acquainted with the relevant documents of the public organisations and to punish in accordance with the procedures specified by law the persons at fault for the violation of this Law.

Other interference in the activities of public organisations and associations thereof is prohibited.

[5 April 1995; 25 November 1999]

Section 25. Control of Entrepreneurship and Other Economic and Financial Activities

The State Revenue Service shall control within the scope of competence thereof the entrepreneurship and other economic and financial activities of public organisations and associations thereof.

[5 April 1995]

Section 26. Warning regarding Termination of Illegal Activity

If State institutions determine that a public organisation (a division of the public organisation) or an association of public organisations does not comply with the laws or other regulatory enactments, such institutions shall notify the permanently functioning management body or the head of the relevant public organisation or association of public organisations in writing and shall request that the illegal activity be terminated.

If a territorial division of the public organisation does not comply with the laws or other regulatory enactments, a warning shall be sent to the relevant territorial division and the permanently functioning management body or the head of the public organisation.

Section 27. Complaints regarding Activities of Public Organisations or Associations of Public Organisations that are Illegal or do not Comply with the Articles of Association

Complaints regarding illegal establishment of public organisations or associations of public organisations, as well as activities that are illegal or do not comply with the articles of association, liquidation or reorganisation shall be reviewed by a court at the request of the members of the relevant public organisation or association of public organisations or an application of the Minister for Justice. If the court, in examining such complaint, determines violations of laws or the articles of association, it may:

1) revoke the decisions taken by an institution or official of the public organisation or association of public organisations, which are illegal or do not comply with the articles of association;

2) void officials or institutions the election of which does not comply with the articles of association; and

3) assign the public organisation or association of public organisations to prevent other illegal activities or violations of the articles of association.

[25 November 1999]

VI. Self-liquidation and Reorganisation of Public Organisation

Section 28. Decision regarding the Self-liquidation or Reorganisation of a Public Organisation

The activities of a public organisation or association of public organisations shall terminate if the highest decision-making body thereof takes a decision in accordance with the procedures specified in the articles of association regarding self-liquidation or reorganisation by merging with another organisation, splitting up or joining another organisation.

The decision regarding the self-liquidation or reorganisation of the public organisation or association of public organisations shall be notified to the holder of the relevant register within a period of three days.

[16 October 1997; 25 November 1999]

Section 29. Dividing of Public Organisation

If a public organisation splits into several new public organisations, the property  and financial resources thereof shall be divided in accordance with the procedures specified in the articles of association. If such matter is not regulated by the articles of association of the organisation being liquidated or the newly established public organisations have not reached agreement, the property and financial resources shall be retained by the public organisation in favour of the establishment of which the majority of delegates has voted in a general meeting, congress or conference. In this case, not one of the newly established organisations has the right to retain the name, abbreviation of the name and symbols of the former public organisation and such organisations shall register in accordance with the procedures specified in this Law in a register of public organisations or political parties, respectively, in accordance with the provisions of Section 10 of this Law.

Upon splitting up the public organisation, the newly established organisations shall be liable for the commitments of the former public organisation in proportion with the received part of property.

[16 October 1997; 25 November 1999]

Section 30. Secession of a Group of Members from a Public Organisation

If a group of members of a public organisation secedes (is excluded) from the public organisation and establishes a new public organisation, such organisation may receive a part of the property and financial resources if such rights have been provided for in the articles of association or if the highest decision-making body of the public organisation takes a decision to transfer a part of the property and financial resources to the newly established organisation. In this case, the newly established organisation may not retain the name, abbreviation of the name and symbols of the public organisation from which the group of members has seceded (has been excluded) and such newly established organisation shall register in accordance with the procedures specified in this Law in a register of public organisations or political parties, respectively, in accordance with the provisions of Section 10 of this Law.

[16 October 1997; 25 November]

Section 31. Secession of a Territorial Division from Public Organisation

If a territorial division secedes (is excluded) from a public organisation, which has the rights of a legal person in accordance with the articles of association, such territorial division shall lose the previous name, abbreviation of the name and symbols, but retain the property and financial resources acquired through its own efforts if such rights are provided for in the articles of association of the public organisation. In such case, the seceded territorial division shall be deemed as a newly established public organisation and it shall register in accordance with the procedures specified in this Law in a register of public organisations or in a register of political parties, respectively, in accordance with the provisions of Section 10 of this Law.

[16 October 1997; 25 November 1999]

Section 32. Merging of Public Organisations

If two or more public organisations merge in a new public organisation, the newly established organisation shall register in accordance with the procedures specified in this Law in a register of public organisations or in a register of political parties, respectively.

The newly established public organisation shall indicate in the articles of association that it has been established in accordance with the reorganisation procedures, merging the relevant public organisations, and that it is the successor in the rights and obligations of such organisations.

[16 October 1997; 25 November 1999]

Section 32.1 Transformation of Public Organisation into Political Organisation (Party)

In order to transform a public organisation into a political organisation (party), the highest decision-making body of such public organisation – general meeting, congress or conference – shall be convened in accordance with the requirements of the articles of association of the relevant public organisation, during which a decision regarding the transformation of the public organisation into a political organisation (party) shall be taken. Such decision may be taken if not fewer than 200 members – citizens of Latvia – of the relevant public organisation vote in favour in accordance with the procedures specified in the articles of association of the public organisation.

In transforming a public organisation into a political organisation (party), all the provisions of this Law that regulate the establishment of political organisations (parties) shall be complied with.

In transforming a public organisation into a political organisation (party), it is permitted to keep the name, abbreviation of the name and symbols of the relevant public organisation.

The newly established political organisation (party) shall indicate in the articles of association thereof, that it is the successor in the rights and obligations of the public organisation.

[11 December 1997]

Section 32.2 Transformation of Political Organisation (Party) into Public Organisation

In order to transform a political organisation (party) into a public organisation, the highest decision-making body of such political organisation (party) – general meeting, congress or conference – shall be convened in accordance with the requirements of the articles of association of the relevant political organisation (party), during which a decision regarding the transformation of the political organisation (party) into a public organisation shall be taken.

In transforming a political organisation (party) into a public organisation, all the provisions of this Law that regulate the establishment of public organisations shall be complied with.

In transforming a political organisation (party) into a public organisation, it is permitted to keep the name, abbreviation of the name and symbols of the relevant political organisation (party).

The newly established public organisation shall indicate in the articles of association thereof, that it is the successor in the rights and obligations of the political organisation (party).

[11 December 1997]

Section 33. Cancellation of the Registration of a Public Organisation [25 November 1999]

Section 33.1 Keeping of Archive (Collection) Documents of Public Organisations

The highest decision-making body of a public organisation or association of public organisations shall specify the procedures, by which the archive (collection) documents of the public organisation or association of public organisations shall be organised and kept, in a decision regarding self-liquidation or reorganisation of the public organisation or association of public organisations.

Destruction of the archive (collection) documents of public organisations or associations of public organisations shall be co-ordinated with the national supervisory institutions of the Fund of the National Archives of Latvia.

[11 May 1993]

VII. Suspension or Termination of Activities of a Public Organisation or Association of Public Organisations by Judicial Process

Section 34. Initiation of the Suspension or Termination of Activities

The activities of a public organisation or association of public organisations may be suspended or terminated by a court.

The following persons have the right to initiate the issue regarding the suspension or termination of activities of a public organisation or association of public organisations in a court:

1) the Prosecutor General;

2) the Chief State Notary of the Enterprise Register;

3) the heads of the State security authorities;

4) the Director-General of the State Revenue Service; and

5) the Chief of the Prevention and Combating of Corruption Bureau.

An application for suspension or termination of activities of a public organisation or association of public organisations shall be submitted to a court in accordance with the procedures specified by law. The candidate of a liquidator shall be indicated in the application for the termination of activities of a public organisation or association of public organisations.

[25 November 1999; 31 March 2004]

Section 35. Suspension of Activity by Judicial Process

A court may suspend the activities of a public organisation or association of public organisations for a period of up to six months if the public organisation or a division thereof:

1) continues illegal activities even after the receipt of a warning regarding the termination of such activities; or

2) repeatedly violates the Constitution of the Republic of Latvia, laws or other regulatory enactments within a period of one year from the day of receipt of a warning regarding the termination of illegal activities.

An adjudication of the court regarding the suspension of the activities of the public organisation or association of public organisations shall be notified to the relevant public organisation or association of public organisations within a period of three days after the receipt thereof. The court adjudication may be appealed in accordance with the procedures and time periods specified by the laws of civil procedure.

After an adjudication comes into legal effect, such adjudication shall be sent to the keeper of the relevant register and shall be published in the newspaper Latvijas Vēstnesis (the Official Gazette of the Government of the Republic of Latvia)

[5 April 1995; 16 October 1997; 25 November 1999]

Section 36. Consequences of the Suspension of Activities

If a court suspends the activities of a public organisation or association of public organisations, the public organisation or association of public organisations and the territorial divisions thereof shall terminate public activities within the time period for the suspension of activities specified in the adjudication.

If the activities of the public organisation have been suspended, the association of public organisations, the participant of which the relevant organisation was, need not suspend the activities thereof.

If the activity of an association of public organisations has been suspended, the public organisations included therein need not suspend the activities thereof.

Section 37. Termination of Activity by Judicial Process

A court may terminate the activities of a public organisation or association of public organisations if the public organisation or territorial division thereof allow the following violations of the law:

1) fails no implement an adjudication of the court regarding the suspension of activities or fails to eliminate the violation of the law due to which the activities thereof were suspended within the time period specified by the court;

2) deliberately allows criminal offences;

3) encourages citizens of Latvia or members of such organisation or association not to comply with (violate) laws and other regulatory enactments or to commit criminal offences;

4) uses the names, abbreviations of names or symbols referred to in Paragraph 9 of this Law; or

5) advocates ideas of racial, national or religious hate, praises, supports criminal offences or expresses a positive attitude towards such offences in public places, press or other printing material intended for distribution  to the public.

The court, in taking an adjudication regarding the termination of activities of a public organisation or association of public organisations, shall decide on the following matters:

1) regarding the necessity of a liquidation process, appointment of a liquidator (liquidation commission);

2) regarding the alienation of the property of the public organisation or association of public organisations in favour of the State, unless otherwise specified by law or the articles of association; and

3) on what resources and in accordance with which procedures the documents of the public organisation or association of public organisations shall be organised and transferred to the State Archives for storage.

[25 November 1999]

Section 38. Implementation of a Court Adjudication

A true copy of a judgement regarding the termination of activities of a public organisation or association of public organisations shall be sent to a register of public organisations in which a note shall be made regarding the commencement of liquidation.

If the monies are not sufficient to meet the claims of creditors, the liquidator shall sell the property of the public organisation or association of public organisation in an auction in accordance with the provisions of the Civil Procedure Law regarding the implementation of a court judgement. The deed of an auction of immovable property shall be approved by a court.

The expenses related to the liquidation shall be first covered by the resources of the public organisation or association of public organisations to be liquidated. The claims of the members of the management body of the public organisation or association of public organisations to be liquidated regarding remuneration for work shall be satisfied only after the satisfaction of the claims of other creditors if resources are sufficient.

The provisions regarding the activities of an administrator in case of insolvency of undertakings or companies shall be applied to the activities of the liquidator.

The court shall take a decision regarding the exclusion of the public organisation or association of public organisations from the register after the completion of the liquidation and transfer of the documents to the  archives for State storage.

[25 November 1999]

Section 39. Consequences of Termination of Activity

From the day when the adjudication of a court regarding the termination of activities of a public organisation or association of public organisations comes into legal effect the closed public organisation or association of public organisations and the territorial divisions thereof shall forfeit all the rights specified in this Law and other laws.

The matter regarding the utilisation of the immovable property of the public organisation or association of public organisations shall be decided by the Cabinet or an authorised institution thereof.

[5 April 1995; 25 November 1999]

 

VIII. Provisions for the Establishment, Activity and Liquidation of the Territorial Divisions of Public Organisations

 

Section 40. Territorial Divisions

Public organisations are entitled to establish their territorial divisions.

The articles of association of the public organisation shall specify the procedures for the establishment of a territorial division of the public organisation and the legal, economic and financial relations of such territorial divisions with the relevant public organisation.

The provisions for activities of the territorial divisions of the public organisation are specified in this Law, other laws and regulatory enactments adopted on the basis thereof.

Section 41. Notice regarding the Establishment of Territorial Divisions

Within a period of two weeks the permanently functioning management body of the relevant public organisation shall notify the keeper of the relevant register and the relevant local government regarding the establishment of a territorial division of the public organisation .

[16 October 1997; 25 November 1999]

Section 42. Activities of Territorial Divisions

The relevant public organisation shall be fully liable for the activities of the territorial divisions of the public organisation, unless otherwise specified by other laws.

If a territorial division of the public organisation has the rights of a legal person, the relevant public organisation and territorial division shall be jointly liable for the economic and financial activities.

[25 November 1999]

Division Two

Ancillary Provisions for the Establishment, Registration, Activity and Liquidation of Certain Public Organisations and Associations thereof

IX. Ancillary provisions for the Founding, Registration and Activities of Political Organisations (Parties)

[5 April 1995]

Section 43. Concept and Basic Goals of Activity of Political Organisations (Parties)

Political organisations (parties) are such organisations which are established by not fewer than 200 citizens of Latvia in order to undertake political activities, take part in an election campaign, nominate candidates, manage the activities of deputies in the Saeima and local governments on the basis of common goals, and via the deputies to implement the programme thereof, as well as to engage in the establishment of State administrative institutions.

[25 November 1999]

Section 44. Laws regarding Political Organisations (Parties)

Provisions for the establishment, registration, activities and liquidation of political organisations (parties) are specified in Sections 2-5, 7-15.1, Paragraphs one and two Section 16, Sections 17-18, Paragraphs two, three and four of Section 21, Sections 22-42, this Chapter, as well as other laws and regulatory enactments adopted on the basis thereof.

[31 March 2004]

Section 45. Members of Political Organisations (Parties)

Members of a political organisation (party) may only be citizens of Latvia who have reached the age of 18 years and persons who in accordance with the Law On the Status of such Former U.S.S.R. Citizens who do not have the Citizenship of Latvia or that of any Other State have the right to receive a non-citizen’s passport issued by the Republic or Latvia and who have individually joined the political organisation (party), observing the provisions of the articles of association.

The member candidates of political organisations (parties) may be persons who have reached the age of 16 years.

Only such political organisations (parties) with not fewer than 200 citizens of Latvia may be registered and operate in Latvia. In a political organisation (party), with more than 400 members, not fewer than half of all the members shall be citizens of Latvia.

Legal persons may not be members of a political organisation (party).

At the request of the register institution of political parties, the political organisation (party) shall provide written information regarding the number of members thereof, indicating the given name, surname and personal identity number of each member.

[25 November 1999; 31 March 2004]

Section 46. Ancillary Provisions of Establishment

Programme documents of a political organisation (party) shall be adopted in a general meeting, congress or conference establishing the political organisation (party).

[5 April 2005]

Section 47. Ancillary Provisions of Registration and Activity

The programme documents of a political organisation (party) and a list of not fewer than 200 founders of the relevant political organisation (party) shall also be appended to the application for registration. Opposite the given name, surname and personal identity number of each founder of the political organisation included in the list, there shall be the relevant founder’s signature, certified by a sworn notary in accordance with the bearer documents procedure specified by law.

The highest decision-making body of the political organisation (party) – general meeting, congress or conference – shall be convened not less than once in a calendar year.

The management body (before registration – founders) shall publish a paid notice regarding the general meeting, congress or conference of the political organisation (party) in the newspaper Latvijas Vēstnesis not later than within a period of 15 days before convening thereof, mentioning the venue (address), time (year, month, day, hour), draft agenda, as well as the given name, surname and phone number of the responsible person.

The procedures for the financing of a political organisation (party) shall be regulated by a special law.

[25 November 1999; 31 March 2004]

Section 48. Publication of Articles of Association

The keeper of a register of political parties shall submit the articles of association of the registered political organisation (party) for publication in the newspaper Latvijas Vēstnesis.

[5 April 1995; 25 November 1999]

Section 49. Restrictions for Political Activities

Restrictions on the activities of public officials in political organisations (parties) are specified by other laws.

[25 November 1999]

X. Ancillary Provisions for the Establishment and Activities of Open Public Foundations

Section 50. Concept of Open Public Foundations

Open public foundations are public organisations that shall be established in order that the money donated by natural and legal persons, as well as other financial resources and property of open public foundations are utilised for the society needs.

Procedures by which the financial resources and property of open public foundations are utilised for the intended purposes shall be specified by the articles of association of each open public foundation.

Natural or legal persons may establish foundations with limited participation. Provisions for the establishment, activities and liquidation of such foundations is prescribed by a special law.

Section 51. Laws on Open Public Foundations

The basic provisions for the establishment, registration, activities and liquidation of open public foundations are specified in Sections 1-5, Paragraph three of Section 6, Sections 7-42 of this Law, this Chapter and other Laws, as well as regulatory enactments adopted on the basis thereof.

Section 52. Members of Open Public Foundations

Members of open public foundations may only be:

1) persons who have reached the age of 18 years and who have joined individually, complying with the provisions of the articles of association; and

2) legal persons, except State administrative and local government authorities (institutions).

Section 53. Exemption of Open Public Foundations from Tax Payments

The legislator may fully or partially exempt certain open public foundations and companies (undertakings) thereof, as well as the donors of such foundations from the payment of taxes in accordance with tax laws. Open public foundations may be exempted from tax payments not earlier than one year after the day of registration of such foundations. The legislator may take such a decision if the open public foundations and companies (undertakings) thereof have used the financial resources and property as purposefully as possible in accordance with the tasks provided for in the articles of association and the needs of society. If it is necessary to finance  public events of national importance, the legislator may take a decision regarding the exemption of an open public foundation from tax payments, not observing the time periods specified in this Section.

The legislator may take the decision regarding the exemption of an open public foundation from tax payments for a time period that is not longer than one year on the basis of a report regarding the income and expenditure of the previous year submitted by the open public foundation, as well as on the basis of an opinion of the State Revenue Service regarding the financial activities of the open public foundation and companies (undertakings) thereof during the previous year.

A decision regarding a repeated exemption of an open public foundation from tax payments shall be taken in accordance with the procedures specified in Paragraph two of this Section.

[5 April 1995; 25 November 1999]

XI. Ancillary Provisions for the Establishment and Activities of Corporations (Professional Associations )

Section 54. Concept of Corporations (Professional Associations) and Goals of Activities thereof

Corporations (professional associations) are public organisations in which natural persons unite according to the principle of profession in order to maintain their professional growth and improvement of creative abilities, facilitate the increase of the prestige of their profession and acquisition of valuable experience on the basis of common interests.

Section 55. Laws on Corporations (Professional Associations)

Provisions for the establishment, activities and liquidation of corporations (professional associations) are specified in Paragraph one of Section 1, Sections 2-5, and Sections 7-42 of this Law, this Chapter and other laws, as well as the regulatory enactments adopted on the basis thereof.

Section 56. Members of Corporations (Professional Associations)

Members of corporations (professional associations) may only be  such persons who have reached the age of 18 years and who have acquired the education and degree of professional qualification specified in the articles of association of corporations (professional associations), besides such persons have been admitted in the corporation (professional association) individually in accordance with the procedures specified in the articles of association.

[6 April 1993]

Section 57. Rights of Corporations (Professional Associations )

Corporations (professional associations) in accordance with the procedures specified by laws have the right:

1) to perform the certification of workers of the relevant profession and grant licences to such workers for professional activities;

2) to create social security and benefit funds and disburse pensions and benefits specified in the articles of association of corporations (professional  associations) to the members thereof in addition to State pensions and benefits; and

3) to perform other activities in accordance with the procedures specified by regulatory enactments.

The professional qualification levels and occupational designations assigned to the members of corporations (professional associations) shall create additional rights only in the cases provided for by the laws of the Republic of Latvia.

[25 November 1999]

XI.1 Ancillary Provisions for the Establishment, Registration and Activities of Professional Creative Organisations

[5 April1995]

Section 57.1 Concept and Goals of the Activities of Professional Creative Organisations

Professional creative organisations are public organisations in which natural persons unite according to the principle of artistic or scientific creation in order to create, preserve and promote the work results of the members of the relevant public organisation and facilitate the development of spiritual and material culture of Latvia.

[5 April1995]

Section 57.2 Laws on Professional Creative Organisations

Provisions for the establishment, registration, activities and liquidation of professional creative organisations are specified by Sections 1-5, 7-17, Paragraph one of Section 18,, Sections 19-42, Section 57, this Chapter, as well as other laws and regulatory enactments adopted on the basis of such laws.

[5 April1995]

Section 57.3 Associations of Professional Creative Organisations

An association of professional creative organisations, in which more than a half of professional creative organisations registered in accordance with the procedures specified by law have been united, may become a public-law body and carry out particular State functions.

[5 April1995]

Section 57.4 Members of Professional Creative Organisations

Members of professional creative organisations may only be such persons who have reached the age of 18 and who have acquired the education and professional qualification specified in the articles of association of the relevant professional creative organisation, and have reached a certain level of creative development. Other requirements to be set for a membership candidate of the relevant creative organisation may also be specified in the articles of association.

[5 April1995]

Section 57.5 Ancillary Provisions of Financing

After registering in a register of public organisations, a professional creative organisation and association of professional creative organisations may also register with the Ministry of Culture, thereby acquiring the right to receive financial resources from the State budget for the implementation of concrete projects or programmes, performance of particular State functions or other objectives related to the State cultural policy. If the financing from the State budget has been granted to the professional creative organisation, such financing shall be co-ordinated with an association of professional creative organisations that has been established in accordance with the procedures specified in Section 57.3 of this Law.

Local governments have the right to finance the target programmes or certain events of professional creative organisations, as well as exempt such organisations from taxes, fees and other payments or to reduce such taxes, fees and payments within the scope of the competence such local governments.

[5 April1995; 16 October 1997; 25 November 1999]

Section 57.6 Ancillary Provisions of Entrepreneurship [25 November 1999]

[5 April1995; 25 November 1999]

 

XII. Ancillary Provisions for the Establishment, Registration and Activities of Public Sports Organisations and Associations thereof

 

Section 58. Concept of Public Sports Organisations and Associations thereof

A public sports organisation is an organisation established for the organising of healthy recreation, renewal and increase of physical and intellectual abilities, and achieving high results in sports.

An association of public sports organisations shall be established by two or more public sports organisations or associations thereof.

Only one public sports organisation or association of public sports organisations of the relevant sport (sport federation, sport association, sport society etc.) may manage and co-ordinate the work in the relevant types of sports or in the fields of activity nation-wide and represent Latvia in international sports organisations. The referred to right shall be granted by the leading State sports institution if the relevant public sport organisation or association of public sport organisations conforms to the criteria approved by the National Sport Council.

Other legal persons the activities of which are related to sports may be in the composition of the associations of public sports organisations along with public sports organisations or associations thereof.

One public sports organisation may be in the composition of several associations of public sports organisations.

[25 November 1999]

Section 59. Laws on Public Sports Organisations and Associations thereof

Provisions for the establishment, registration, activities and liquidation of public sports organisations and associations thereof are specified by Sections 1-19, Paragraph two of Section 20, Sections 21-42, this Chapter, as well as other laws of the Republic of Latvia and regulatory enactments adopted on the basis of such laws.

Section 60. Ancillary Provisions of Financing

After registration in a register of public organisations, a public sports organisation or association of public sports organisations may also be registered with the leading State sports institution, which gives the relevant organisation or association the right to receive financial resources from the State budget.

Local governments have the right to finance public sport organisations and associations thereof from their budget.

[25 November 1999]

Section 61. Ancillary Provisions of Entrepreneurship [25 November 1999]

Transitional Provisions

1. The Enterprise Registry shall keep a register of public organisations until 31 December 2005 and a register of political organisations (parties) up to the day of the coming into force of the Law on Political Organisations (Parties).

2. If necessary, the Cabinet shall submit to the Saeima a draft law that regulates the activity of public registers.

[31 March 2004]

Chairperson of the Supreme Council of the Republic of Latvia

A. Gorbunovs

Secretary of the Supreme Council of the Republic of Latvia

I. Daudišs

Rīga, 15 December 1992

Source: Latvian Translation and Terminology Centre