Legal issues Latvia

Submitting an application for marriage registration

Personal presence: Individuals wishing to marry must personally submit a joint application to the chosen civil registry office or authorized religious institution. Valid identity documents must be presented when submitting the application.

Electronic submission: Adult citizens and non-citizens of Latvia can submit an application for marriage registration electronically, signing it with a secure electronic signature with a timestamp. However, if one of the individuals getting married is a foreigner, the application must be submitted in person with both individuals present.

Required documents

For both individuals getting married:

- Valid passports or other identity documents.

- If previously married: a document confirming the dissolution of the previous marriage (divorce certificate or death certificate of the former spouse).

Additionally for a foreign citizen:

- Certificate of marital status confirming no obstacles to marriage, issued by the competent authority of the country of citizenship.

- If necessary: legalized documents or documents with an apostille confirming their legal validity in Latvia.

Terms and conditions of registration

Waiting period: A marriage can be concluded no earlier than one month and no later than six months after the submission of the application and all necessary documents, provided there are no legal obstacles to the marriage.

Expedited procedure: In exceptional cases, such as pregnancy, birth of a child, or life threat to one of the partners, the waiting period may be shortened by the decision of a civil registry officer.

Language of the ceremony

The ceremony is usually conducted in Latvian. If necessary, a translator can be invited to translate into the required language to ensure that all participants understand the proceedings.

Presence of witnesses

As of July 1, 2024, the presence of witnesses at a marriage registration in Latvia is not mandatory. However, at the couple's request, witnesses may attend the ceremony.

Legalization of documents

Documents issued in foreign countries must be properly legalized or have an apostille, depending on international agreements between Latvia and the issuing country.

Additional requirements

The foreign citizen must be lawfully present in Latvia. This can be confirmed by a valid visa, residence permit, or other documents proving legal stay in the country.

Marriage registration abroad

Latvian citizens can marry outside Latvia, including in the diplomatic and consular missions of the Republic of Latvia. In such cases, the requirements of the host country must be considered, and proper legalization of documents must be ensured for their recognition in Latvia.

By following the specified requirements and procedures, foreign citizens can successfully register a marriage in Latvia, ensuring its legal validity both in Latvia and in other countries.

In Latvia, registering the birth of a child is a mandatory procedure that must be completed within one month of birth.

Submission of birth application

Submission deadline: The birth of a child must be registered within one month after the birth.

Place of submission: Parents or their authorized person can approach any civil registry office in Latvia, regardless of the parents' or child's residence or birthplace.

Required documents

- Medical birth certificate: A document issued by a medical institution or doctor confirming the birth of the child.

- Parents' identity documents: Passports or other documents confirming the parents' identities.

- Parents' marriage certificate: If the parents are married, a marriage certificate must be provided.

- Additionally, if the parents are not married: A joint statement of paternity establishment if the father wishes to be recorded as such.

Presence of Parents

- Both parents: It is desirable for both parents to be present during registration, especially if they are not married and paternity needs to be established.

- Authorized representative: Parents can authorize another person in writing to register the child's birth on their behalf.

Registration and Obtaining a Certificate

Registration process: After submitting all necessary documents, the civil registry office enters a record in the birth register and issues a birth certificate for the child.

Assignment of a personal code: The child is assigned a personal code, which is indicated on the birth certificate.

Registration of Births Abroad

Latvian citizens residing abroad: Can register the birth of a child at Latvian diplomatic or consular offices. However, if the birth has already been registered with local authorities, re-registration at Latvian offices is not required.

Legalization of Foreign Documents

Documents issued outside Latvia: Must be legalized or have an apostille, and translated into Latvian with notarized translation to have legal force in Latvia.

Responsibility for Late Registration

No fines: While fines for late registration are usually not applied, the civil registry office may request an explanation of the reasons for the delay. Late registration may lead to difficulties in securing benefits and medical care for the child.

Compliance with the specified requirements and timeframes ensures the legal recognition of the child's birth in Latvia and simplifies the further processing of necessary documents and benefits.

Registering your own business in Latvia is a structured process that involves several key steps.

1. Choosing a Legal Form

Various business forms are available in Latvia, the most common being:

Limited liability company: Minimum share capital is 2800 euros. Registration is possible with reduced capital from 1 euro, but in this case, 25% of the profit must be deducted annually until the capital reaches 2800 euros.

Joint stock company: Requires a minimum share capital of 35,000 euros. Suitable for large enterprises with the potential for public share placement.

2. Preparation of Founding Documents

To register a company, the following documents must be prepared:

- Decision to establish the company or a founding agreement.

- Company charter.

- Information about the legal address.

- Confirmation of payment of share capital.

Documents must be prepared in Latvian. It is recommended to seek professional legal assistance for their preparation.

3. Opening a Temporary Bank Account

Before submitting documents to the Business Register, a temporary bank account must be opened to deposit the share capital. After registration of the company, this account will be converted into a permanent bank account.

4. Submission of Documents to the Business Register

After preparing all documents and depositing the share capital, the document package should be submitted to the Business Register of Latvia. Submission can be done in person, through an authorized representative, or online with a secure electronic signature.

5. Registration with the State Revenue Service

After registering the company, it is necessary to register with the State Revenue Service to obtain a tax number and, if necessary, a VAT payer number.

6. Obtaining Necessary Licenses and Permits

Depending on the type of activity, additional licenses or permits may be required. It is recommended to clarify the requirements for the specific industry in advance.

7. Registration of Employees in the Social Security System

When hiring employees, it is necessary to register them in the social security system and ensure compliance with obligations for paying social contributions.

By following the indicated steps, you can successfully register your own business in Latvia, ensuring its legal operation and compliance with all legislative requirements.

In Latvia, foreign citizens have access to a wide range of notarial services; however, there are certain features to consider when obtaining them.

Availability of Notarial Services for Foreigners

Foreign citizens can use notarial services on an equal basis with Latvian citizens. It is important to note that some notarial actions may require additional verification of identity documents and their translation into Latvian.

Proof of Identity

To receive notarial services, foreign citizens must provide a valid passport or other identity document. In some cases, the notary may request additional documents confirming the legality of their stay in Latvia.

Translation of Documents

If the submitted documents are in a foreign language, the notary may require their translation into Latvian. The translation must be performed by a certified translator and, if necessary, notarized.

Remote Notarial Services

Since July 1, 2018, remote notarial services have been introduced in Latvia, allowing foreign citizens to receive certain notarial services remotely through video consultations. To do this, you need to:

- Register on the Latvian sworn notaries’ portal www.latvijasnotars.lv.

- Have a reliable internet connection and a computer with a webcam, microphone, and speakers or headphones.

- Possess an electronic signature recognized in Latvia or use a Latvian eID card.

Remote services include drawing up powers of attorney, wills, opening inheritance cases, and other notarial actions.

Apostille and Legalization of Documents

Documents issued in Latvia intended for use abroad may require an apostille. Latvian notaries are authorized to affix an apostille on official documents.

Language Features

Notarial actions in Latvia are usually conducted in Latvian. If necessary, you can use the services of a translator; however, this may incur additional costs and increase the processing time of documents.

Cost of Services

The fees for notarial services in Latvia are regulated by the state and depend on the complexity and type of notarial action. Foreign citizens are recommended to clarify the cost of services and possible additional expenses related to document translation or the use of remote services in advance.

Finding a Notary

To find a notary in Latvia, you can use the official portal www.latvijasnotars.lv, where information about notaries, their specializations, and contact details is presented.

In Latvia, the procedure for terminating a marriage can be carried out in two main ways: through a notary or through a court. The choice of method depends on the agreement of the spouses and the presence of certain circumstances.

Divorce at a Notary

This method is faster and simpler; however, it is applicable in the following cases:

- Mutual Consento: Both spouses agree to divorce and have no mutual claims.

- No Minor Children and Joint Property: If the spouses do not have common minor children and joint property, they can submit a joint divorce application to a notary.

- Presence of Agreements: If the spouses have common minor children or joint property, they must provide the notary with a written agreement on child custody, visitation arrangements, alimony, and property division.

Procedure:

- Submitting a Joint Application: The spouses submit a joint application for divorce to the notary.

- Waiting Period: After submitting the application, a one-month reconciliation period is provided. If after this period the spouses have not changed their minds, the notary finalizes the divorce.

- Obtaining the Certificate: After the divorce is finalized, the notary issues a divorce certificate.

Divorce through the Court

This method is used in cases where:

- Lack of Consent: One of the spouses does not agree to the divorce.

- Disputes Exist: There are disagreements over child custody, alimony, or property division.

- Special Circumstances: For example, cases of violence or one of the spouses living with another partner expecting a child.

Procedure:

- Filing a claim: The spouse initiating the divorce files a claim in the district (city) court at the respondent's place of residence. In certain cases, the claim may be filed at the plaintiff's place of residence.

- Case review: The court examines the presented evidence, hears both parties, and makes a decision on the dissolution of the marriage.

- Timeframes: If the spouses have been living separately for more than three years, the marriage is considered broken, and the court can decide on divorce. In other cases, the court may grant a reconciliation period of up to six months.

Features for foreign citizens:

Latvian law allows for the dissolution of marriage, regardless of the country in which it was contracted and the spouses' citizenship, provided that one of the spouses permanently resides in Latvia. In such cases, a simplified divorce procedure applies.

Cost:

Notary: The state fee is 140 euros.

Court: The state fee for divorce is 145 euros. For the division of property, the fee depends on the property's value.

In Latvia, foreign citizens can receive legal assistance and consultations through various channels, including governmental and non-governmental organizations, as well as private law firms.

State-guaranteed legal aid

Latvian law provides for the provision of free legal aid to low-income individuals, including foreign citizens, in certain cases. To receive such aid, an application must be submitted to the Legal Aid Administration. Additional information is available on the website www.jpa.gov.lv.

Municipal legal consultations

Some Latvian municipalities offer free legal consultations for residents, including foreigners. For example, in Riga and other cities, free legal consultation weeks are periodically organized where assistance on various issues can be obtained. Information about such events is published on the respective municipal websites.

Non-governmental organizations

A number of non-governmental organizations provide free legal consultations:

Information Center for Immigrants: Provides support to immigrants on issues of integration, rights, and obligations in Latvia. Contact information is available on the website www.patverums-dm.lv.

Latvian Centre for Human Rights: Provides consultations on issues of discrimination, hate crimes, and other legal matters. More details at www.cilvektiesibas.org.lv.

Private law firms

Many law firms in Latvia specialize in assisting foreign citizens.

Online consultations

Some platforms offer free legal consultations online or by phone:

Kompromat.lv: Provides free legal consultations on various issues.

Temida.lv: Offers free legal consultations by phone on weekdays from 10:00 to 17:00. Contact number: +371 67270292.

Special events

The Latvian Council of Sworn Advocates annually organizes free legal consultation days, during which more than 100 lawyers from different Latvian cities provide free consultations. Information about such events is published on the website www.advokatura.lv.

When seeking legal assistance, it is recommended to clarify the conditions for the provision of services, the need for prior registration, and possible costs in advance. It is also important to ensure that the chosen organization or specialist has experience working with foreign citizens and possesses the necessary language skills for effective communication.

In Latvia, the translation of official documents requires adherence to certain procedures to ensure their legal validity both within the country and abroad.

Notarization of the translation

For the use of official documents in Latvian state and municipal institutions or abroad, a notarized translation is often required.

Requirements for documents for notarization

For notarization of the translation, the original document must be provided. If the original is in a foreign language, its legalization or apostille, confirming the document's authenticity, may be required.

Legalization and Apostille

For the recognition of documents issued in Latvia in other countries, their legalization or apostille may be required:

Apostille: If the document is intended for use in a country that is a party to the 1961 Hague Convention, its authenticity is confirmed by obtaining an apostille from a sworn notary of Latvia.

Consular legalization: If the document is intended for a country not participating in the Hague Convention, legalization is required from the Consular Department of the Ministry of Foreign Affairs of Latvia or at the diplomatic mission of the respective state.

Features of translating documents issued abroad

Documents issued outside Latvia for use within the country must be translated into Latvian. The translation must be performed by a certified translator and their signature notarized. In some cases, legalization or apostille of the original document may be required.

Certification of translations with a translation bureau's stamp

If notarization is not required, the translation can be certified with the stamp of a translation bureau. However, such a translation may not have legal force in official institutions, so it is important to verify the recipient's requirements in advance.

To obtain a notarized translation, it is recommended to contact a translation bureau, providing the original document.

It is recommended to clarify the requirements of specific institutions or countries in advance, to avoid possible delays or refusals in the acceptance of documents.

The judicial system of Latvia consists of a three-tier structure ensuring the consideration of civil, criminal, and administrative cases. The main elements of this system include:

Levels of the judicial system

District (city) courts: These are courts of the first instance, considering most cases in the initial order.

Regional courts: They function as appellate instances, reviewing the decisions of the district courts.

The Supreme Court of Latvia (Senate): The highest judicial instance, comprising three departments: civil, criminal, and administrative. The Supreme Court reviews cases in cassation order, ensuring uniformity in judicial practice.

Constitutional Court

An independent element is the Constitutional Court of Latvia, which examines the compliance of laws and regulations with the Constitution. It plays a key role in protecting the constitutional order and human rights.

Principles of the judicial system

Independence of judges: Judges are appointed by the Saeima and possess independence in the administration of justice.

Collegiality in case consideration: In most cases, cases are considered collegially, except in situations provided by law where a judge can act individually.

Openness of court proceedings: Consideration of cases in the courts of Latvia is generally open, ensuring transparency in the judicial system.

Features for immigrants

Foreign citizens have equal rights to judicial protection in Latvia. Court proceedings are conducted in Latvian, however, interpreter services are provided if necessary. It is important to note that the Latvian judicial system recognizes and enforces court decisions of other countries in accordance with international treaties and European Union legislation.

Thus, the judicial system of Latvia provides a multi-level protection of rights and freedoms, operating on the principles of independence, openness, and fairness.

The purchase of real estate in Latvia for foreign citizens is a process regulated by legislation and includes several key stages.

Legal status of foreign buyers

Foreign citizens have the right to purchase residential and commercial real estate in Latvia without significant restrictions. However, there are certain restrictions on the purchase of agricultural and forest lands, as well as plots in border zones and protected areas. In such cases, a special permit from local self-government bodies is required.

Stages of buying real estate

- Property search and legal check: After choosing a suitable property, it is recommended to conduct a legal review to ensure there are no encumbrances and debts.

- Preliminary contract signing and deposit payment: The parties sign a preliminary purchase and sale agreement, which outlines the main terms of the transaction. Typically, the buyer makes a deposit of 10% of the property's price.

- Opening a bank account in a Latvian bank: To facilitate transactions, it is recommended to open an account in a local bank, where funds for the property payment will be transferred.

- Signing the main contract with a notary: The main purchase and sale contract is signed in the presence of a sworn notary, who certifies the transaction.

Registration of ownership in the Land Register: After signing the contract, the documents are submitted to the Land Register for the official registration of ownership to the new owner.

Taxes and fees

- Stamp duty: It amounts to 2% of the cadastral value or the contractual price of the property (whichever is higher).

- Notary services: The cost depends on the complexity of the transaction and the specific notary's rates.

- Value Added Tax (VAT): Applicable when purchasing new real estate and amounts to 21%.

Possibility of obtaining a residence permit

Purchasing real estate worth at least 250,000 euros grants foreign citizens the right to apply for a temporary residence permit in Latvia. It is necessary to meet certain conditions, including the payment of a state fee of 5% of the property's cost.

Features for citizens of non-EU/EEA countries

Citizens from countries outside the European Union or the European Economic Area can purchase real estate in Latvia; however, buying land plots may require permission from local municipal authorities.

Recommendations

Legal support: It is recommended to use the services of local lawyers or real estate agents familiar with Latvian legislation and transaction procedures.

Document inspection: Carefully check all documents related to the property, including ownership rights, the presence of encumbrances, and compliance with building standards.

In Latvia, issues of guardianship and adoption are regulated by the Civil Law and respective regulations. Here are the key features of these processes.

Guardianship

Guardianship is established to protect the rights and interests of children left without parental care. A guardian can be an adult competent citizen of Latvia or a foreigner with a permanent residence permit, assigned a personal code. Individuals with a temporary residence permit cannot be appointed as guardians.

Rights and responsibilities of the guardian:

- Providing care, upbringing, and education for the child.

- Protecting the property and non-property rights of the ward.

- Representing the interests of the child in state and municipal institutions.

Adoption

Adoption establishes permanent parental rights and responsibilities between the adopter and the child. An adopter can be a person who has reached 25 years of age, provided the age difference with the child is at least 18 years. An exception is made if the adopter and child already have a parent-like relationship, or if adopting the biological child of one's spouse.

Adoption procedure:

Application to the Orphan's Court: The candidate submits an application to the Orphan's Court at the child's place of residence.

Candidate evaluation: The Orphan's Court checks the living conditions and motivation of the adopter.

Training: The candidate undergoes mandatory adoptive parent preparation courses.

Court decision: After a positive conclusion from the Orphan's Court, the case is forwarded to court, which makes the final adoption decision.

Adoption by foreign citizens

Foreign citizens can adopt a child from Latvia in the following cases:

- The child is the spouse's child.

- The adopter is a relative of the child.

- The child is in foster care or an institution, and no family has been found for them in Latvia.

Preference is given to placing the child in Latvian families. Adoption abroad is permitted if a family upbringing for the child cannot be provided in Latvia.

Social guarantees for guardians

Guardians are entitled to compensation for fulfilling responsibilities, which amounts to 54.07 euros per month. This compensation is granted regardless of the number of children under guardianship. Applications for compensation are submitted to the territorial office of the State Social Insurance Agency within 6 months of establishing guardianship.

International Agreements

Latvia is a participant in the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption, which ensures cooperation with other countries in the field of child rights protection.

Thus, the guardianship and adoption processes in Latvia are aimed at ensuring the best interests of the child, taking into account their right to family upbringing and protection.