Cabinet Regulation No. 869
Riga, 15 November 2005
Charter of the Legal Aid Administration
Issued in compliance with Article 16 Part 1 of the
State Administration Structure Law
I General issue
1. The Legal Aid Administration (hereinafter referred to as the Administration) is the administration institution directly subordinated to the Minister of Justice. The Minister implements the subordination of the Administration through the intermediary of the Ministry of Justice.
II Functions, tasks and rights of Administration
2. Functions of Administration:
2.1. to manage funds anticipated for state guaranteed legal aid;
2.2. to manage funds anticipated for state compensation to victims.
3. To ensure fulfillment of functions the Administration in addition to tasks specified in the State Guaranteed Legal Aid Law fulfills the following tasks:
3.1. in compliance with the procedure set forth in the regulatory enactments regulating criminal procedure, as well as regulatory enactments on state compensation to victims pays state compensations to victims;
3.2. in cases specified in the Law on State Compensation to Victims enforces state budget funds paid as state compensation to victims;
3.3. creates and maintains the register of state compensations;
3.4. examines persons’ applications for request of state guarantee legal aid;
3.5. examines persons’ applications for acquisition of the status of provider of state guaranteed legal aid and concludes legal aid agreements with persons, which in compliance with the State Guaranteed Legal Aid Law may be providers of legal aid;
3.6. in compliance with the procedure set forth in the regulatory enactments on the procedure of examination of applications, propositions and complaints, as well as regulatory enactments regulating the administrative procedure ensures the examination of complaints and propositions and reception of persons;
3.7. cooperates with state administrative institutions, other administrative institutions and international organizations;
3.8. prepares and submits to the Ministry of Justice reports, propositions and recommendations on the activity of the Administration;
3.9. prepares and in compliance with the procedure set forth in regulatory enactments makes forward propositions about financing from the state budget requested for the implementation of events and performance of tasks provided for in regulatory enactments and political planning documents;
3.10. informs the society about the activity of the Administration, summarizes and provides statistical information about effective results of the performance of functions.
4. In cases set forth in external regulatory enactments the Administration is entitled to request and to receive free of charge from private persons information and documents necessary for the fulfillment of tasks of the Administration.
III Structure of Administration and power of officials
5. The Administration is directed by a director. The director of the Administration is appointed and dismissed by the Minister of Justice.
6. The director of the Administration performs direct duties of a manager of an administrative institution specified in the State Administration Structure Law.
7. Structural units of the Administration are departments, divisions and independent divisions.
IV Ensuring lawfulness of the activity of the Administration and reports about its activity
8. The lawfulness of the activity of the Administration is ensured by the director of the Administration. The director of the Administration is liable for the establishment and activity of the internal control of the institution and systems of inspection of decisions taken by the authority.
9. The director of the Administration is entitled to revoke any decisions made by an official of the office or internal regulatory enactment issued.
10. Any actual action of an official or employee of the Administration can be appealed by submitting a corresponding claim to the director of the Administration.
11. Any regulatory enactment issued by and any actual action of the director of the Administration can be appealed in the Ministry of Justice. Any decision of the Ministry of Justice can be appealed in court.
12. The director of the Administration not less frequently than once a year submits a report about performance of functions of the Administration and the use of funds from the state budget to the Minister of Justice.
13. The minister of justice is entitled to request a report about performance of functions of the Administration at any time.
V Final Issues
14. Sub-clauses 2.2, 3.1, 3.2 and 3.3 enter into force simultaneously with the Law on State Compensation to Victims.
15. Regulations enter into force on January 1, 2006.
On behalf of the prime minister –
Minister of Finance O.Spurdzins
Minister of Justice S.Aboltina