In order to obtain assurance about the compliance of the assessment process of Director of the Corruption Prevention and Combating Bureau (KNAB) with Corruption Prevention and Combating Bureau Law, the competent authorities are requested to provide an opinion about the legitimacy of the assessment of the work performance of the Director of KNAB, due to the fact that in the existing law has not been foreseen such assessment.
According to the information that KNAB currently has, assessment of the work performance of the Director of KNAB is planned to carry out in accordance with Regulation of the Cabinet of Ministers No 494 „Rules for work performance evaluation of the employees of the State direct administration institutions”, which is issued on the basis of Labor Law Article No 62 and State Civil Service Law Article No 25, although the norms of these articles provides intellectual work assessment, as well as the assessment of physical work and methodology for the determination of work qualification categories, as well as the action of the head of the institution and his results. Regulation foreseen to carry out such assessment not less often than once every two years and commission for assessment must be established in accordance with the procedures specified by the Cabinet of Ministers. Meanwhile, the Corruption Prevention and Combating Bureau Law, which is a special law in relation to the Labor Law, do not foresee the evaluation of the work performance of the KNAB Director.
Taking into account previous mentioned and conclusions of the Administrative Matters Department of Senate of the Supreme Court of the Republic of Latvia in the Case No A42634207 SKA-327/2011 on 26th August of 2011, that special law prevails over the general normative acts, and also taking into account the limited powers of the Prime Minister, implementing the monitoring over the action of the KNAB, there are grounds for reasonable doubts, that assessment of the work performance of the Director of KNAB can be done.
Also questionable is the applying of the Regulation of the Cabinet of Ministers No 494 to the assessment of the Director of KNAB, because in the special law - Corruption Prevention and Combating Bureau Law has not foreseen the delegation of power to the Cabinet of Ministers to determine the procedure for the assessment of the Director of KNAB.
The fact that the establishment of such Commission foresee a lower legal force normative act, what is issued for the evaluation of the civil servants, officials and employees of the civil service authorities, but establishment of such Commission do not foresee Corruption Prevention and Combating Bureau Law, indicates that there is reasonable doubt to think that this norm is in the compliance with the norms of a higher legal force normative act - Corruption Prevention and Combating Bureau Law, what regulates action of the KNAB.
Taking into account previous mentioned, Mr Jaroslavs Streļčenoks, Director of the KNAB asked the Prime Minister to stop procedure of assessment of his work performance, until will be received explanations from the authorities about the legitimacy of his work performance assessment.