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ABOUT ESTABLISHING THE ORDER OF REALIZATION OF THE CONTROL OVER THE LANGUAGE ACT FULFILLMENT

The decree of the Government of the Estonian Republic
Passed 11 June 1996, Nr. 161
(RT I 1996, 45, 859)
entered into force 2 July 1996

Based on the Article 28 of the Language Act (, 1995, 17/18, 334), the Government of the Estonian Republic decides:
To assert the order of realization of the control over the Language Act fulfillment (attached).

The Prime-minister T. Vahi
The Minister of Education Y. Aaviksoo
The State Secretary U. Veering


THE ORDER OF REALIZATION OF THE CONTROL OVER THE LANGUAGE ACT FULFILLMENT

1. In accordance with the Language Act and other legal acts regulating the use of the language the control over the Language Act fulfillment and supervision over the language usage are fulfilled by the inspectors of the Language Inspection (further - the Language Inspection officials).
(vm, 23.10.97, nom 203, in force from 01.11.97)

2. In the case of law infringement in the field of language the Language Inspection officials use influence measures provided by the Code of Administrative Law Infringements and the present Order.

3. While the supervision of the Language Act and other acts regulating the use of language fulfillment the Language Inspection officials check the maintenance of the Estonian language use requirements:
1) in the record-keeping, correspondence and reports of the governmental institutions, local authorities and the institutions within their jurisdiction also the commercial and non-profitable structures and aim organizations in their communication with persons or transmitting the official information to the employees;
2) on the seals, stamps and blanks of the governmental institutions, local authorities or the institutions within their jurisdiction also the commercial, non-governmental and aim institutions;
3) when transmitting official information on the signs, indicators, advertisements, notifications and commercials; presence of the translation into the Estonian language when performing the audio-visual products; when transmitting the foreign language programs over the radio or TV or organizing the international public events;
4) the marking or the instruction in Estonian language should be present when selling goods and services;
5) in combinations of letters on the state registration signs;
6) in official usage of toponyms, names and surnames of the citizens, names of the objects, commercial, non-profitable and aim institutions in Estonia (in the issued documents, when registering the names in the state registers etc.)
7) in pre-trial and trial procedures;
8) in the Estonian army.

4. The Language Inspection officials check the fulfillment of the language use requirements in the official communication and when transmitting the information:
1) to the consumers of the services and goods in the tourist institutions and information bureaus;
2) at the customs, when crossing the state border or temporary control line, in the ports, railway stations, airports and bus terminals open for the international communication or in the transport means of international destination;
3) within the local authority or cultural self-government where the language of inside record-keeping is the language of national minority;
4) in pre-trial and trial procedure.

5. The Language Inspection officials check correspondence of the official language usage to the norms of Estonian literal language:
1) on the signs, indicators, announcements, notifications and commercials;
2) when writing names according to the rules of transliteration from the languages which use non-Latin alphabet or into the languages which use non-Latin alphabet.

6. The Language Inspection officials check the language proficiency of the employees at the state institutions, local authorities and institutions within their jurisdiction also commercial, non-governmental and aim institutions;

7. The Language Inspection officials have the right to:
1) to demand from the state institutions, local authorities and institutions within their jurisdiction also the commercial, non-governmental and aim institutions needed for realization of the control information;
2) to make warnings or directions to the officials or to the employers of state institutions, local authorities and institutions within their jurisdiction also commercial, non-governmental and aim institutions to make decisions on concrete law infringements and state the deadlines for their elimination;
3) check issued for the employees Estonian language proficiency certificates and in the cases needed propose to send the employee to the re-sit of the language proficiency exam;
4) propose to stop the Labour contract with the employee or cancel the appointment on to the position in the case the employee is not proficient enough in Estonian language;
5) in the case the deadline pointed out in part 7.2 for elimination of the law infringement stated by the official from the Language Department is ignored the Language Inspection official can compile a protocol and impose a fine in the order and amount provided in the chapter 3 of the Article 132 (about the information in Estonian language), chapter 2 of the Article 134 (about the information in Estonian language) and Article 170 and chapter 1 of the Article 265 of the Code of Administrative Law Infringements;
6) propose to use the administrative penalty to the persons who can be influenced by the disciplinary codes.

8. The Language Inspection official is obliged to:
1) when fulfilling the supervision over the fulfillment of the Language Act and other acts regulating the usage of Estonian language, introduce himself and show the ID;
2) register the facts of law infringements according to the procedure established by the principle of Language Inspection; (vm, 23. 10. 97, nom 203, in force from 01. 11. 97)
3) keep commercial and professional secrets and confidential information which became known while fulfilling the auxiliary duties.

9. The persons can complain to the principle of Language Inspection in order to dispute brought in part 7.2 of the present Order actions within 10 days starting from the day of the action. The complain suspends the fulfillment until the argument is set, but does not prevent person from turning to the court in order to defend his rights. (vm, 23 .10. 97, nom. 23, in forc from 01.11.97)

10. Principle of the Language Department must give an answer to the complain within 1 month since it had been applied.


Source: Unofficial translation


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