Annotation

This Citizen’s Handbook is a new, fifth edition of the book that was first published in 2004. The handbook has been updated on the basis of amendments made to legal acts and supplemented by new topics. It is primarily intended for third-country nationals who have settled in Estonia, but the information may be useful for all the residents. The Citizen’s Handbook includes concentrated information about the functioning of the state and communication with state institutions. The topics addressed are the authors’ selection of the ones that all of us encounter most frequently. The texts are based on the previous handbook, the portal www.eesti.ee, the texts of legal acts and the home pages of the relevant institutions. This version of the handbook has been issued as topical brochures and the texts have been prepared as at July 2013. As laws and offi cial procedures are changed from time to time, please make sure that you have the valid version. For that purpose, check the texts of legal acts from the electronic State Gazette (Riigi Teataja). For assistance in more serious questions, contact a specialist. The publication also contains links to institutions and organisations that provide more detailed information. The version available on the Internet contains direct links to the home pages of institutions, where you can fi nd the most relevant and up-to-date information. The handbook is available electronically free of charge on the home page of the Integration and Migration Foundation Our People (www.meis.ee). The preparation of the Citizen’s Handbook has been supported by the European Fund for the Integration of Third-Country Nationals and the book is available in Estonian, Russian and English.

- Citizen’s Handbook

- Foreword

- 1. The Estonian State and Country

- GENERAL INFORMATION

- NATIONAL SYMBOLS

- PUBLIC HOLIDAYS, DAYS OF NATIONAL IMPORTANCE AND FLAG DAYS

- ADMINISTRATIVE DIVISION

- CONSTITUTIONAL INSTITUTIONS OF ESTONIA

- THE RIIGIKOGUTHE RIIGIKOGU

- PRESIDENT OF THE REPUBLICPRESIDENT OF THE REPUBLIC

- GOVERNMENT OF THE REPUBLICGOVERNMENT OF THE REPUBLIC

- LOCAL GOVERNMENT

- THE COURTS

- CHANCELLOR OF JUSTICE

- NATIONAL AUDIT OFFICE

- E-STATE (E-ESTONIA)

- 2. Rights, Duties, Freedoms and Restrictions

- RIGHTS

- DUTIES

- LEGISLATIVE DRAFTING

- POLITICAL PARTIES

- ELECTIONS

- LEGAL ASSISTANCE

- OFFENCES

- CONTRACTS

- CONSUMER PROTECTION

- 3. Estonian Citizenship and Living in Estonia

- ESTONIAN CITIZENSHIP

- ALIENS ACT

- IDENTITY DOCUMENTS

- 4. Security and National Defence

- POLICE

- EMERGENCY CALL NUMBERS AND INFORMATION HOTLINES

- POLICE EDUCATION AND TRAINING, POLICE SERVICE, ASSISTANT POLICE

- SECURITY POLICE

- MUNICIPAL POLICE

- NEIGHBOURHOOD WATCH

- RESCUE BOARD

- ROAD TRAFFIC SAFETY

- INSURANCE

- E-SECURITY

- NATIONAL DEFENCE

- NATO

- 5. Health Care and Social Field

- ESTONIAN NATIONAL SOCIAL INSURANCE BOARD

- PENSIONS

- BENEFITS

- SOCIAL WELFARE SERVICES

- GENDER EQUALITY

- APPLYING FOR ASYLUM

- HEALTH CARE

- MEDICINES

- 6. Education and Lifelong Learning

- RIGHT TO EDUCATION AND DUTY TO ATTEND SCHOOL

- CONDITIONS FOR STUDIES

- GENERAL EDUCATION

- ENTERING A SCHOOL AND GRADUATING FROM A SCHOOL

- PROBLEMS AND QUESTIONS RELATED TO SCHOOL

- STATE EXAMINATIONS

- EUROPEAN SCHOOL

- HIGHER EDUCATION

- SOCIAL GUARANTEES OF STUDENTS

- PROTECTORS OF STUDENTS’ INTERESTS

- NON-FORMAL AND INFORMAL EDUCATION

- TRAINING

- RECREATIONAL ACTIVITIES, HOBBY EDUCATION, PEOPLE’S UNIVERSITIES

- ACCREDITATION OF PRIOR LEARNING AND WORK EXPERIENCE

- PROFESSIONAL AND CAREER COUNSELLING

- 7. Family and Home

- MARRIAGE

- CHILDREN

- WILL AND SUCCESSION

- REGISTRATION OF A DEATH, FUNERALS

- HOUSING

- 8. Civil Society, Everyday Life and Free Time

- CIVIL SOCIETY

- INVOLVEMENT AND THE RELATED TERMS

- CITIZENS’ INITIATIVE AND CIVIL COURAGE

- FINANCIAL RESOURCES IN THE THIRD SECTOR

- VOLUNTARY WORK AND ACTIVITIES

- YOUTH ORGANISATIONS

- TRAVELLING

- HOBBIES

- PETS

- FREE TIME AND NATURE

- ENVIRONMENTAL PROTECTION

- 9. Labour Market and Entrepreneurship

- EMPLOYMENT CONTRACT

- INCAPACITY FOR WORK

- OCCUPATIONAL HEALTH

- UNEMPLOYMENT

- TAXES

- PERSONAL INCOME TAX RETURN

- TRADE UNIONS

- LABOUR DISPUTES

- PRIVATE ENTREPRENEURSHIP

- REGISTRATION OF BUSINESSES

- ENTREPRENEURSHIP SUPPORT

- INVESTMENTS

- SOCIAL ENTREPRENEURSHIP

- EMPLOYMENT OF FOREIGNERS IN ESTONIA

- EMPLOYMENT ABROAD

- 10. Estonia and the European Union

- ESTONIA AND WORLD ORGANISATIONS

- EUROPEAN UNION INSTITUTIONS AND MANAGEMENT

- ESTONIA’S REPRESENTATION AT EU LEVEL

- SECURITY AND DEFENCE

Citizen’s Handbook

Foreword

This Citizen’s Handbook is a new, fifth edition of the book that was first published in 2004. The handbook has been updated on the basis of amendments made to legal acts and supplemented by new topics. It is primarily intended for third-country nationals who have settled in Estonia, but the information may be useful for all the residents.

The Citizen’s Handbook includes concentrated information about the functioning of the state and communication with state institutions. The topics addressed are the authors’ selection of the ones that all of us encounter most frequently. The texts are based on the previous handbook, the portal www.eesti.ee, the texts of legal acts and the home pages of the relevant institutions. This version of the handbook has been issued as topical brochures and the texts have been prepared as at July 2013. As laws and official procedures are changed from time to time, please make sure that you have the valid version. For that purpose, check the texts of legal acts from the electronic State Gazette (Riigi Teataja). For assistance in more serious questions, contact a specialist. The publication also contains links to institutions and organisations that provide more detailed information. The version available on the Internet contains direct links to the home pages of institutions, where you can find the most relevant and up-to-date information. The handbook is available electronically free of charge on the home page of the Integration and Migration Foundation Our People (www.meis.ee).

The preparation of the Citizen’s Handbook has financed by the European Fund for the Integration of Third-Country Nationals, the Ministry of Culture and the Integration and Migration Foundation Our People and the book is available in Estonian, Russian and English.

We hope you enjoy using this practical handbook!

Authors

1. The Estonian State and Country

GENERAL INFORMATION

Name of state: Republic of Estonia

in English: the Republic of Estonia

in Russian: Эстонская Республика

in French: la République d’Estonie

National day: 24 February, Independence Day and anniversary of the Republic of Estonia

Area: 45,227 km2

Population as at 31 December 2011: 1,294,236

(1,286,540 estimated as at 1 January 2013estimated as at 1 January 2013)

Estonian citizens: 1,101,761, i.e. 85.2 %

Citizens of foreign states: 104,865, i.e. 8.1 %

Undetermined citizenship: 84,494, i.e. 6.5 %

Unknown citizenship: 3,116, i.e. 0.2 %

Population density: 28.6 per square kilometre (European average ~72/km2)

Official language: Estonian (provided for in the ConstitutionConstitution). The Estonian language is also an official language of the European Union. Everyone has the right to use Estonian when communicating with European Union institutions.

Capital: Tallinn

Currency: euro, abbreviation EUR, symbol €

In Estonia, the Summer Time (daylight saving time) applies. This means that on the last Sunday in March, at 3 AM, the clocks are set one hour ahead. Return to the Winter Time takes place on the last Sunday in October, at 4 AM – the clocks are set one hour back.

NATIONAL SYMBOLS

Estonian flag

The Estonian flag is made up of three horizontal bands of colour of equal width: blue, black and white. The hoist to fly ratio of the flag is 7:11. Normal dimensions: 105×165 cm. In Estonian, the flag is also referred to as the “sinimustvalge” (‘blue-black-white’). The same colours are used in the national flag/state flag and the flag of the Estonian Students’ Society. Use of the Estonian flag is regulated by the Estonian Flag ActEstonian Flag Act. (Estonian legislation is available in the electronic Riigi Teataja (State Gazette) at www.riigiteataja.eewww.riigiteataja.ee.)

According to one of several interpretations, the blue colour represents faith in the future of the Estonian people, the black symbolises Estonian soil, national black coat and difficult past, and the white the promise of a brighter future.

The flag of the President of the Republic is an Estonian flag which bears the greater national coat of arms in the centre. The flag of the Estonian navy bears the lesser national coat of arms on both its sides. The Minister of Defence, as well as the police, border guard and customs institutions and post offices are entitled to use an Estonian flag bearing a specific emblem. The flag of a natural person or legal person (with the exception of the flag of the Estonian Students’ Society) may not be so similar to the Estonian flag that the two are likely to be confused.

Estonian coat of arms

The Estonian national coat of arms has two forms: the greater national coat of arms and the lesser national coat of arms. The national coat of arms has three blue lions passant guardant on a golden shield, with their faces turned towards the viewer. The greater national coat of arms has two golden oak branches; the lesser coat of arms lacks these branches. The national coat of arms has been established by the National Coat of Arms ActNational Coat of Arms Act.

Estonian national anthem

The national anthem of the Republic of Estonia is the choir song “Mu isamaa, mu õnn ja rõõm”, music by Finnish composer Fredrik Pacius, lyrics in Estonian by Johann Voldemar Jannsen. The melody of the national anthem of Estonia is also used in the national anthem of Finland. The anthem was officially adopted in 1920, after the Estonian War of Independence. The Estonian national anthem has not been established and performance thereof is not governed by law. The tradition is that when the anthem is performed, people stand up and sing along.

PUBLIC HOLIDAYS, DAYS OF NATIONAL IMPORTANCE AND FLAG DAYS

The public holidays and days of national importance have been established by the Public Holidays and Days of National Importance ActPublic Holidays and Days of National Importance Act.

The national day is 24 February – Independence Day, anniversary of the Republic of Estonia

Public holidays and days of rest:

• 1 January – New Year’s Day

• Good Friday

• Easter Sunday

• 1 May – May Day

• Pentecost

• 23 June – Victory Day

• 24 June – Midsummer Day

• 20 August – Day of Restoration of Independence

• 24 December – Christmas Eve

• 25 December – Christmas Day

• 26 December – Boxing Day

An employer shall shorten the working day preceding New Year’s Day, the anniversary of the Republic of Estonia, Victory Day and Christmas Eve by three hours (Employment Contracts ActEmployment Contracts Act).

Days of national importance:

• 6 January – Epiphany

• 2 February – Anniversary of Tartu Peace Treaty

• 14 March – Native Language Day

• the 2nd Sunday in May – Mother’s Day

• 4 June – National Flag Day

• 14 June – Day of Mourning and Commemoration

• 23 August – European Day of Remembrance for Victims of Communism and Nazism

• the 2nd Sunday in September – Grandparents Day

• 22 September – Resistance Fighting Day

• the 3rd Saturday in October – Finno-Ugric Day

• 2 November – All Souls’ Day

• the second Sunday in November – Father’s Day

• 16 November – Day of Declaration of Sovereignty

Flag days have been established by the Estonian Flag ActEstonian Flag Act

• 3 January – Day of Commemoration of the War of Independence fighters

• 2 February – Anniversary of Tartu Peace Treaty

• 24 February – Independence Day, anniversary of the Republic of Estonia

• 14 March – Native Language Day

• the second Sunday in May – Mother’s Day

• 9 May – Europe Day

• 4 June – National Flag Day

• 14 June – Day of Mourning and Commemoration (the flag is hoisted as a mourning flag)

• 23 June – Victory Day

• 24 June – Midsummer Day

• 20 August – Day of Restoration of Independence

• 1 September – Day of Knowledge

• the third Saturday in October – Finno-Ugric Day

• the second Sunday in November – Father’s Day

• the Election Day for the Riigikogu or local government, days when referendums are held and the Election Day for the Eureopean Parliament

On flag days, government and local authority agencies and legal persons in public law shall hoist the Estonian flag.

The Estonian flag must be hoisted on all buildings on three days of the year – the anniversary of the Republic of Estonia (Independence Day, 24 February), Victory Day (23 June), and Day of Restoration of Independence (20 August).

Time of hoisting and lowering the flag

• The Estonian flag is hoisted at sunrise (but not later than 8.00 AM) and lowered at sunset (but not later than 10.00 PM).

• The Government of the Republic may decide that, on a particular occasion, the Estonian flag is to be hoisted and lowered at other hours.

The Estonian flag is not lowered on Midsummer Night. Lowering of the flag is also not required if it is illuminated at night time.

On 16 February (the Independence Day of Lithuania), the national flag of Lithuania, and on 18 November (the day of proclamation of the Republic of Latvia), the national flag of Latvia are hoisted together with the Estonian flag on the building of the Riigikogu, the President of the Republic and the Government of the Republic.

Everyone has the right to hoist and use the Estonian flag in accordance with the provisions of the Estonian Flag ActEstonian Flag Act and with good practice.

When the Estonian flag is hoisted as a mourning flag, a black ribbon must be attached to the upper end of the flagstaff or the flag be hoisted at half-mast.

The Government OfficeGovernment Office government-office) provides explanations regarding the procedure for the use of the Estonian flag and of its sequence of colours and regarding the observance of good practice.

ADMINISTRATIVE DIVISION

The administrative division of the territory of Estonia is provided by the Territory of Estonia Administrative Division ActTerritory of Estonia Administrative Division Act.

The administrative division of the Republic of Estonia is based on counties, rural municipalities, and cities.

• State administration in counties is carried out by the county governors and government agencies pursuant to law.

• Local government administration in rural municipalities and cities is carried out on the bases provided for in the Local Government Organisation ActLocal Government Organisation Act.

• Rural municipality districts or city districts may be formed in a rural municipality or city, respectively, pursuant to the procedure provided by law.

As at 30 January 2013, there are 15 counties15 counties and 226 local governments: 33 cities33 cities (plus 14 cities without municipal status) and 193 rural municipalities193 rural municipalities.

Cities in Estonia (cities without municipal status are indicated by an asterisk):

Abja-Paluoja*, Antsla*, Elva, Haapsalu, Jõgeva, Jõhvi*, Kallaste, Karksi-Nuia*, Kehra*, Keila, Kilingi-Nõmme*, Kiviõli, Kohtla-Järve, Kunda, Kuressaare, Kärdla, Lihula*, Loksa, Maardu, Mustvee, Mõisaküla, Narva, Narva-Jõesuu, Otepää*, Paide, Paldiski, Põltsamaa, Põlva, Pärnu, Püssi, Rakvere, Rapla*, Räpina*, Saue, Sillamäe, Sindi, Suure-Jaani*, Tallinn, Tamsalu*, Tapa*, Tartu, Tõrva, Türi*, Valga, Viljandi, Võhma, Võru.

Estonia is politically a unitary state (as opposed to federations or federal states). This means that there are no independent units inside of the Estonian state that could pass their own laws.

CONSTITUTIONAL INSTITUTIONS OF ESTONIA

The Constitution of the Republic of EstoniaConstitution of the Republic of Estonia was adopted by referendum on 28 June 1992.

According to the Constitution, Estonia is an independent and sovereign democratic republic wherein supreme political authority is vested in the people.

Supreme political authority is vested in the people who, through citizens eligible to vote, exercise it:

• in elections of the Riigikogu

• in referendums

The activities of the Riigikogu, the President, the Government of the Republic and the courts are organised in accordance with the principles of separation and balance of powers. One and the same person cannot at the same time pass legislation, ensure/execute compliance with the legislation and resolve disputes arising upon implementation of the legislation.

THE RIIGIKOGUTHE RIIGIKOGU

Elections of the Riigikogu

The Riigikogu is comprised of 101 members. Members of the Riigikogu are elected in free elections according to the principle of proportional representation. Elections are general, uniform and direct. Voting is secret.

Elections are free if each voter has the possibility of deciding whether and for whom to vote. This also involves the freedom to nominate candidates.

Proportionality of elections means that the distribution of Riigikogu mandates between electoral districts is based on the number of citizens eligible to vote in the district. Such arrangement is used in order to ensure that all regions of Estonia are represented in the Riigikogu. There are twelve electoral districts in Estonia. One can only vote for the candidates of his or her electoral district.

Generality of elections means that all Estonian citizens eligible to vote can participate in the elections regardless of their sex, nationality or other circumstances.

Uniformity of elections means that each voter has one vote and thus equal opportunity for affecting the voting results.

Elections are secret if it cannot be determined in favour of whom a voter voted.

Advance voting is held on the week preceding the elections. Advance voting is possible in one’s voting district of residence or in some other voting district, but only for a candidate of one’s electoral district. During advanced voting, electronic voting is also possible via the home page www.valimised.eewww.valimised.ee. During the advance voting period, e-votes submitted can be changed by re-voting electronically or in a voting district by ballot paper.

The Riigikogu is elected for a four-year term, the elections are held on the first Sunday in March. Compositions of the Riigikogu are numbered; the XII composition of Riigikogu commenced work on 26 March 2011.

Every Estonian citizen who has attained 21 years of age has the right to stand as a candidate.

Duties of the Riigikogu

Legislative authority is vested in the Riigikogu. This means that only the Riigikogu has the right to adopt legislation.

The Riigikogu is a representative body elected by Estonian citizens with the right to vote that:

• passes laws and regulations

• passes the state budget as a dedicated Act

• elects the President of the Republic

• ratifies international treaties

• authorises a Prime Minister candidate to form the Government of the Republic

• determines motions to express no confidence in the Government of the Republic, the Prime Minister or individual ministers

• appoints various higher officials and performs other duties in accordance with the Constitution

The duties and procedures of the Riigikogu are regulated by the ConstitutionConstitution and the Riigikogu Rules of Procedure and Internal Rules ActRiigikogu Rules of Procedure and Internal Rules Act.

The Riigikogu

Some of the political parties represented in the Riigikogu form the Government of the Republic. These parties are referred to as the government or coalition parties. Political parties not associated with the Government are referred to as the opposition parties.

The right to initiate an Act, i.e. submit a draft Act rests with each member, faction, and committee of the Riigikogu, as well as with the Government of the Republic. The discussion of a draft Act by the Riigikogu is referred to as a reading of the draft. In general, draft Acts are passed after three readings. In most cases, a majority of votes in favour is sufficient for passing an Act: a draft Act is adopted if more members of the Riigikogu vote in favour than against. Section 104 of the Constitution lists the laws of special importance that require at least 51 votes in favour to be passed (e.g. the Citizenship Act, several elections-related Acts).

Voting in the Riigikogu is open. Secret ballots are taken only for the election or appointment of officials in the cases provided in the Constitution or in the Riigikogu Rules of Procedure Act.

Sittings of the Riigikogu are held in Tallinn, in Toompea Castle. The activities of the Riigikogu include:

• sittings of the plenary assembly

• sittings of committees and factions

• work with constituents

Acts and decisions are passed at sittings of the plenary assembly. Sittings of the Riigikogu are public (unless decided otherwise by a two-thirds majority). All persons interested can follow sittings of the Riigikogu from the guests’ gallery. Broadcasts of the sittings of the Riigikogu are also accessible in real time at the home pagehome page.

The Riigikogu exercises control over the Government’s activity

The majority of votes in the Riigikogu authorises the Prime Minister candidate presented by the President to form the Government of the Republic. If the majority of the Riigikogu expresses no confidence in the Government of the Republic (or individual ministers), this leads to their release from office. Also, each member of the Riigikogu is entitled to submit interpellations to members of the Government. The addressee of the interpellation is required to deliver a public speech before the Riigikogu, in which replies are given to the questions posed in the interpellation.

The ConstitutionConstitution also specifies the preconditions to calling extraordinary Riigikogu elections.

The Riigikogu holds two regular sessions per year:

• the spring session from the second Monday in January to the 3rd Thursday in June

• the autumn session from the second Monday in September to the 3rd Thursday in December

Between these sessions, an extraordinary session can be held in order to decide on pressing matters. The Riigikogu has a quorum at an extraordinary session if more than one-half of the members of the Riigikogu are present.

Members of the Riigikogu elect the President of the Riigikogu and two Vice-Presidents from among themselves, who will organise the work of the Riigikogu pursuant to the Riigikogu Internal Rules and Rules of Procedure Act.

Faction

Members of the Riigikogu have the right to form factions (political groups). A faction may be formed by at least five members of the Riigikogu who are elected from a list of candidates of the same political party. In factions, opinions are formed on how to vote (whether in favour or against draft acts) and the opinions of Government members, experts, and officials are heard. A member of the Riigikogu is entitled to vote differently than decided by the faction. A member may leave the faction if he or she no longer shares its views, but cannot join another faction.

Committees

All members of the Riigikogu (with the exception of the President of the Riigikogu) belong to committees. A committee of the Riigikogu is a work group that discusses the problems and draft Acts related to a specific field. Such an arrangement allows dividing the work load of the members of the Riigikogu and processing the matters more thoroughly. The number of the members of a committee is determined by the Board of the Riigikogu. The work done in committees takes up a major share of the work time of the Riigikogu. The plenary assembly of the Riigikogu discusses a matter only if the relevant committee has analysed it thoroughly and formed its opinion.

Currently there are 11 standing committeesstanding committees in the Riigikogu:

• European Union Affairs Committee

• Environmental Committee

• Cultural Affairs Committee

• Rural Affairs Committee

• Economic Affairs Committee

• Constitutional Committee

• Finance Committee

• National Defence Committee

• Social Affairs Committee

• Foreign Affairs Committee

• Legal Affairs Committee

Select committees, committees of investigation and study committeesSelect committees, committees of investigation and study committees

In addition to standing committees, the Riigikogu can form select committees, committees of investigation and study committees. A committee has the right to demand information necessary for the performance of its functions from the Government of the Republic and agencies of executive power.

Members of the Riigikogu

Members of the Riigikogu are immune from prosecution. Criminal charges against a member may only be brought on a proposal of the Chancellor of Justice and with the consent of a majority of the members of the Riigikogu.

Every person has the right of addressing members of the Riigikogu personally or publicly. The telephone numbers and e-mail addresses of the members are public and listed at the Riigikogu home page www.riigikogu.eewww.riigikogu.ee.

A member of the Riigikogu has a free mandate, which means that he or she cannot be given legally binding instructions for activities. Members of the Riigikogu are free in their decisions and can direct their actions according to their best discretion. The free mandate is required in order to ensure that a member of the Riigikogu represents the entire electorate in the best way possible, instead of only representing some specific interest group (for example, the interests of businessmen).

A member of the Riigikogu may not hold any other governmental office. A member of the Riigikogu is exempt from the duty to serve in the Defence Forces during his or her term of office.

The mandate of a member of the Riigikogu is suspended upon his or her appointment as member of the Government of the Republic. The mandate is restored upon his or her release from the duties of a member of the Government of the Republic. In the case of suspension or premature termination of the mandate of a member of the Riigikogu, the member is replaced by an alternate member. The alternate member enjoys all the rights and is subject to all the duties established in respect of members of the Riigikogu. The mandate of the alternate member terminates upon the restoration of the mandate of the member of the Riigikogu.

PRESIDENT OF THE REPUBLICPRESIDENT OF THE REPUBLIC

The President is the Head of State of Estonia. Generally, the Head of State has limited political power, but a representational function and the role of an arbiter, i.e. the balancer of powers.

The President must be independent both professionally and also politically from political parties. When the President assumes office, all powers and tasks of the President of the Republic in all other elected and assigned offices shall end, and also any participation in a political party is suspended for the period of the term of office. The positions to be suspended are not determined based on whether the President receives a salary or not, but rather on the obligations of the positions, including being the member of board or member of the supervisory board of a profit organisation.

Election of the President

Nominations of candidates for President may be made from among citizens of Estonia by birth who have attained at least forty years of age. The President is elected by the Riigikogu. If no candidate is voted for by at least 68 members of the Riigikogu, an Electoral College is convened comprising members of the Riigikogu and representatives of local government councils. The Electoral College is formed only for the purposes of electing the President.

The President of the Republic is elected for a term of five years. No one may be elected to the office of the President for more than two consecutive terms.

Duties of the President

The President:

• represents the Republic of Estonia in its international relations (sharing this duty with the Prime Minister and Minister of Foreign Affairs)

• nominates the Prime Minister candidate and appoints members of the Government of the Republic

• appoints diplomatic agents of the Republic of Estonia (e.g. envoys and ambassadors) in other countries and receives the credentials of diplomatic agents accredited to Estonia

• proclaims (or refuses to proclaim) laws

• makes recommendations to the Riigikogu regarding appointments of some higher officials

• confers national awards

The President grants military ranks and has the right to grant release (or commutation of sentence) to convicted offenders.

Proclamation of laws

The President examines whether a law passed by the Riigikogu complies with the Constitution. If the President finds that everything is in order, he or she proclaims the law. The President can also refuse to proclaim the law and send it back to the Riigikogu for additional review and re-adoption. If the Riigikogu adopts the same law without amendments, the President must proclaim the law or refer it to the Supreme Court for verification of its compliance with the Constitution. If the Supreme Court finds that the law complies with the Constitution, the President proclaims the law.

As a balancing option, the President has the right to dissolve the Riigikogu and call extraordinary elections.

GOVERNMENT OF THE REPUBLICGOVERNMENT OF THE REPUBLIC

Executive authority is vested in the Government of the Republic. The Government of the Republic administers the implementation of laws (e.g. tax collection, maintenance of law and order, etc.) and can issue legislation (regulations and directives) on the basis of and for the implementation of laws. This means that the Government of the Republic is allowed to issue a regulation or directive only if this is clearly provided for by legislation.

Formation of the Government of the Republic

The President of the Republic presents a Prime Minister candidate to the Riigikogu. In order to select the candidate, the President consults with the political parties represented in the Riigikogu to determine the candidate supported by the majority of the members of the Riigikogu. The Riigikogu decides whether to authorise the Prime Minister candidate to form the Government. The Prime Minister candidate who has been authorised by the Riigikogu to form the new Government presents, within seven days, a list of its members to the President, who appoints the Government to office within three days.

The Government of the Republic assumes office by taking the oath of office before the Riigikogu.

The Government of the Republic resigns upon:

• the first meeting of the new Riigikogu

• the resignation or death of the Prime Minister

• the expression of no confidence in the Government of the Republic or the Prime Minister by the Riigikogu

The President releases the Government of the Republic from office at the time of assumption of office by the new Government.

The Government of the Republic rests on the trust of the Riigikogu. The Riigikogu may express no confidence in the Government of the Republic, the Prime Minister or a minister. If the Riigikogu expresses no confidence in the Prime Minister or the Government, the entire Government needs to resign. In order for an expression of no confidence to pass, at least 51 members of the Riigikogu must vote in favour.

Composition of the Government of the Republic

The Government of the Republic comprises the Prime Minister and ministers. The Prime Minister represents and presides over the Government of the Republic. The Prime Minister appoints two ministers who have the right to substitute for the Prime Minister during his or her absence. The procedure for substitution is established by the Prime Minister. Only another minister can substitute for a minister.

A ministry is run by a minister. The President may, on a proposal of the Prime Minister, appoint up to two so-called ministers without portfolio (i.e. without a ministry). An exception is the Ministry of the InteriorMinistry of the Interior, which is run by the Minister of the Interior, but the structural units of the Ministry of the Interiorstructural units of the Ministry of the Interior involved in local government, regional administration, regional development, marital status matters, and arrangement of issues related to churches and congregations are run by the Minister of Regional Affairs. Therefore, the Ministry of Regional Affairs also has the rights and duties of a minister running a ministry.

A minister presides over his or her ministry, disposes of matters within his or her sphere of government, issues regulations and administrative decrees on the basis of and for the implementation of laws, and performs other duties assigned to him or her on the basis of and pursuant to a procedure provided by law.

Members of the Government of the Republic may not hold any other governmental office, or belong to the management board or supervisory board of a commercial enterprise.

For information on the members of the Government and their activity, follow the link www.valitsus.eewww.valitsus.ee.

The ministries of the Republic of Estonia are as follows:

• Ministry of Education and ResearchMinistry of Education and Research

• Ministry of JusticeMinistry of Justice

• Ministry of DefenceMinistry of Defence

• Ministry of the EnvironmentMinistry of the Environment

• Ministry of CultureMinistry of Culture

• Ministry of Economic Affairs and CommunicationsMinistry of Economic Affairs and Communications

• Ministry of AgricultureMinistry of Agriculture

• Ministry of FinanceMinistry of Finance

• Ministry of the InteriorMinistry of the Interior

• Ministry of Social AffairsMinistry of Social Affairs

• Ministry of Foreign AffairsMinistry of Foreign Affairs

Governmental authorities

Governmental authorities include ministries, the Government Office and county governments, agencies and inspections and their local offices of executive power. The Defence Forces and the prosecutor’s office are also governmental authorities.

At the county level, the Government is represented by the county governor. The governor also verifies the legality of legislation of specific application passed by local government units and of certain administrative operations.

Government Office and Secretary of State

The Government of the Republic is assisted by the Government Office, which is led by the Secretary of State. The Secretary of State organises the work of the Government of the Republic and leads the Government OfficeGovernment Office.

The Secretary of State is appointed and released by the Prime Minister.

Working procedure of the Government of the Republic

Unlike sittings of the Riigikogu, meetings of the Government of the Republic are held in camera (unless the Government decides otherwise). Decisions of the Government are made at the meetings. The Government of the Republic makes its decisions based on proposals from the Prime Minister or from a competent minister. Government Regulations and Directives are also adopted at the meetings. The meetings of the Government of the Republic are chaired by the Prime Minister. Decisions are taken collectively and the Prime Minister does not have the right to decide in the name of the Government (as in some other countries).

Regulations of the Government are valid if they bear the signature of the Prime Minister, the competent minister and the Secretary of State. Regulations of the Government and ministers are also available in the electronic Riigi Teataja at www.riigiteataja.eewww.riigiteataja.ee.

LOCAL GOVERNMENT

The entities of local self-government are rural municipalities and cities. Rural municipalities and cities resolve local issues within the framework of uniform state legislation.

The general principle is that decisions are made as close to an inhabitant as possible – at the so-called grassroots level. In cities and rural municipalities, local circumstances are understood better, and resolution of local issues is the most important task of the local government. The state cannot monopolise making of such decisions.

Local government:

• is based on the division of the territory of the state into administrative units

• is exercised by democratically formed legislative and executive bodies

• with regard to local issues, can also be exercised by means of opinion polls or public initiative

Local government is based on the following principles:

• independent and final resolution and arrangement of local issues

• mandatory guarantee of everyone’s lawful rights and freedoms in its administrative territory

• observance of law in the performance of its functions and duties

• responsibility for the performance of its functions

• transparency of activities

• provision of public services under the most favourable terms

• inhabitants of the rural municipality or city have the right of participation

Local government bodies are:

• a city or rural municipality council – the representative body of a local government elected by the residents of the rural municipality or city with the right to vote pursuant to the relevant Act

• a city or rural municipality government – the executive body formed by the council

A rural municipality government is run by the rural municipality mayor and a city government by the mayor.

Local government elections

Local government councils are elected by way of general, uniform and direct elections for a term of four years, as provided for in the Local Government Council Election ActLocal Government Council Election Act. Voting is secret. The elections are held on the third Sunday in October everywhere in Estonia.

All persons who have attained 18 years of age and whose permanent residence is located in the administrative territory of the rural municipality or city have the right to vote at local government council elections. Persons of undetermined citizenship and citizens of other states who have permanent residence permit or permanent right of residence in Estonia also have the right to vote.

Estonian citizens and citizens of the European Union who have attained 18 years of age by election day and whose permanent residence (i.e. residence the address details of which have been entered in the Estonian population register) is located in the corresponding rural municipality or city have the right to stand as candidates.

Local government council

The number of local government council members depends on the number of residents in the local government unit. The number of members of the next composition of a council is determined by a resolution of the council, it shall be odd (at least seven) and it is determined based on the information held in the population register, according to the number of residents in the rural municipality or city as at 1 June of the election year.

The council elects the rural municipality or city mayor for a period of four years. The rural municipality or city mayor presents to the council the candidates for the members of rural municipality or city government. The council is competent to authorise the candidates to office. The government can consist of politicians and/or officials. Members of the council cannot be members of the government.

Council sessions are public, while government sessions are usually held in camera.

The office of a rural municipality or city is directed by the rural municipality or city secretary, whose duties include preparation of the documents for government sessions and ensuring the legality of the legislation passed.

Budget

Local governments have independent budgets. The main sources of budget revenue are the income tax, land tax, and allocations from state budget. The annual state budget includes support to local governments with a weaker revenue base (from the equalisation fund and the support fund). The purpose of the equalisation fund is harmonisation of the local governments’ possibilities upon the provision of public services. The support fund supports local governments upon the performance of their duties. Support is provided on a general basis, submission of applications is not required.

Local government councils have the right to impose taxes and duties pursuant to law.

Functions of local governments

A city or rural municipality organises in its administrative territory:

• social assistance and services

• welfare services for the elderly

• youth work

• housing and utilities

• water supply and sewerage

• public services and amenities

• waste management

• spatial planning

• public transportation within the rural municipality or city

• maintenance of rural municipality roads and city streets

The functions of a local government include the organisation, in the rural municipality or city, of the maintenance of pre-school child care institutions, basic schools, secondary schools, hobby schools, libraries, community centres, museums, sports facilities, shelters, care homes, health care institutions and other local agencies if such agencies are in the ownership of the local government. Payment of specified expenses of such agencies from the state budget or other sources may be prescribed by law.

Additionally, local governments resolve and organise local issues which are assigned to them by other Acts or which are not assigned by law to other persons.

Competence of local governments

Councils and governments have the right to issue regulations as legislation of general application.

• Councils pass resolutions and governments pass orders as legislation of specific application.

• Legislation passed by a council or government is valid in the administrative territory of the local government.

Pursuant to law, the following are within the exclusive competence of a local government council:

• establishment and passage of the rural municipality or city budget

• decisions on imposition of taxes, taking of loans and municipal property-related issues

• preparation and approval of the statutes and development plan of the rural municipality or city

• decisions on the alteration of boundaries of the rural municipality or city and on the formation of rural municipality or city districts

• election and release of the chairman of the council and of the rural municipality or city mayor

• establishment of public servants’ salary grades and salary rates

• formation and dissolution of council committees

THE COURTS

Judicial power is exercised and justice administered solely by the courts. In certain matters, the function of administering justice is also performed by other bodies established for that purpose. For example, in case of misdemeanours punishable by a fine, state or local government officials have the right of making the respective decision. Labour dispute committees have been established for solving individual labour disputes, and the Industrial Property Committee has been established for solving disputes related to intellectual property. These administrative bodies perform the functions of administering justice but are not included under the court system. Also, the courts of honour of professional associations are not a part of the court system of the State.

Estonian citizens and non-citizens are entitled to have recourse to the courts if their rights or freedoms are violated or if disputes with another person or body need to be resolved. Officials’ decisions can also be contested in courts.

The courts are independent in discharging their duties and administering justice in accordance with the ConstitutionConstitution and the laws. Judicial power has been separated from other powers and their sphere of influence. In order to ensure rights and freedoms, it is important that the judge does not obey the will of the executing power or an individual person in making of the decision, but instead obeys only the law that is applied the same way to all citizens.

Court system

Estonia has a three-level court systemcourt system. The system consists of the following:

• county courts and administrative courts

• district courts

• the Supreme Court

All court cases begin in a court of first instance. A party to a proceeding can appeal twice to a court of higher instance: an appeal to a district court on a ruling of the court of first instance and an appeal to the Supreme Court on a ruling of the court of second instance.

A county court hears civil, criminal and misdemeanour matters as a court of first instance.

Administrative courts are courts of first instance, the competence of which includes public law disputes (e.g. between an individual and the state or an individual and a local government).

A circuit court is the court of appeal which only reviews the decisions of county and administrative courts.

The Supreme Court is the highest court in Estonia that reviews decisions by way of cassation proceedings. The Supreme Court is also the constitutional review court.

The creation of extraordinary courts is prohibited.

Criminal charges may be brought against the Chief Justice and justices of the Supreme Court only on a proposal of the Chancellor of Justice, and with the consent of a majority of the members of the Riigikogu.

Land registry departments, registration departments and probation supervision departments are also associated with courts. Land Registry Departments maintain a land register and marital property register, Registration Departments maintain a commercial register, non-profit associations and foundations register, commercial pledge register and ship register. The objective of probation supervision departments is supervision over probationers and facilitating the return of former imprisoned persons into society.

Judges

In order to ensure the independence of courts, judges are appointed for life. Unlike other state officials, judges are not subordinated to the person that appointed them or to a court of higher instance. Criminal charges may be brought against a judge during his or her term of office only on a proposal of the Supreme Court, and with the consent of the President. Judges may be removed from office only by a court judgment.

Judges may not hold any other elected or appointed office, except for those prescribed in the law; judges are not allowed to be founders or belong to any management body. Judges may not be employed other than in the office of judge, except for teaching or research.

European Court of JusticeEuropean Court of Justice

The European Court of Justice is tasked with ensuring that European Union law is interpreted and applied equally across all member states. Thus, for example, the Estonian courts can ask the European Court of Justice to ascertain whether Estonian laws comply with the European Union legislation. Anyone has the right of recourse to the European Court of Justice in order to verify whether a member state has implemented European Union law, as well as to apply for revocation of legislation passed by some EU institution. The European Court of Justice is based in Luxembourg.

European Court of Human RightsEuropean Court of Human Rights

The European Court of Human Rights is the human rights protection authority of the Council of Europe. The Court’s activity is based on the European Convention for the Protection of Human Rights and Fundamental Freedoms. Applications can be submitted to the Court only against states that have joined the Convention. Before a person from Estonia can have recourse to the European Court of Human Rights, his or her case must have been heard by courts of all instances in Estonia and the applicant must have exhausted all options for legal protection in Estonia. The European Court of Human Rights is based in Strasbourg.

CHANCELLOR OF JUSTICE

The institution of the Chancellor of JusticeChancellor of Justice in Estonia was created in the 1938 Constitution. Pursuant to the ConstitutionConstitution, the Chancellor of Justice in Estonia is an independent constitutional institution; it is not part of the legislative, executive or judicial powers, it is not a political or a law enforcement body. The duty of the Chancellor of Justice is to ensure that the legislation valid in Estonia is constitutional and that the fundamental rights and freedoms of Estonian people are protected. Since 19 March 2011, the Chancellor of Justice also performs the functions of the Ombudsman for Children in Estonia (additional information: www.lasteombudsman.eewww.lasteombudsman.ee).

The Chancellor of Justice is appointed to office by the Riigikogu for a term of seven years on the recommendation of the President. The Chancellor of Justice presents an annual report to the Riigikogu once a year on the performance of his or her duties.

The Chancellor of Justice may only be removed from office by a court judgment.

A person does not need legal knowledge to turn to the Chancellor of Justice and it is free of charge for everybody. An application to the Chancellor of Justice can be submitted by mail, e-mail at info@oiguskantsler.ee, through the home page www.oiguskantsler.eewww.oiguskantsler.ee or in the Office of the Chancellor. The Chancellor of Justice and his or her advisers are also available at the Office of the Chancellor of Justice in Tallinn, Kohtu Street.

NATIONAL AUDIT OFFICE

The National Audit OfficeNational Audit Office is an independent institution acting in the interests of the Estonian taxpayers. Its function is to investigate and report how the state and local governments have spent the taxpayers’ money. The National Audit Office is not interested merely in the formal compliance with laws, but just as much in whether the laws and the Government’s actions are sufficient to ensure purposeful and advisable use of funds and whether reports give an adequate overview of the spending and the results achieved.

Based on the recommendations of the National Audit Office, the Riigikogu and the Government can improve the functioning of the state and use the taxpayers’ money more responsibly.

The independence of the National Audit Office is secured by the ConstitutionConstitution and the National Audit Office ActNational Audit Office Act. The National Audit Office is free to decide what, when and how to audit. The activities of the National Audit Office itself are annually audited by an auditor appointed by the Riigikogu. The National Audit Office is managed by the Auditor General appointed to office by the Riigikogu based on a proposal of the President. The term of office of the Auditor General is five years. The National Audit Office’s audit reports are available at the home page www.riigikontroll.eewww.riigikontroll.ee.

E-STATE (E-ESTONIA)

Estonia is world famous for its novel IT solutions. Because of this, Estonia is often referred to as the e-State.

All Estonian citizens at least 15 years of age staying (residing) permanently in Estonia are required to hold an identity card (ID card). The identity card can be used for digital signing and performance of transactions. For this, an ID card reader, PIN codes and the dedicated software “DigiDoc klient”, available free of charge from http://installer.id.ee/http://installer.id.ee/, are required. A digital signature is considered equal to a handwritten signature. The identity card and the Internet facilitate communication between people staying in Estonia and the state/local government.

An ID card enables its holder to vote in the Riigikogu, European Parliament, and local government elections and to participate in referendums. An ID card is accompanied by an @eesti.ee e-mail address.

The state portal www.eesti.eewww.eesti.ee allows electronic communication with state authorities. It is a safe Internet environment offering various e-solutions. The portal allows people living in Estonia to take care of many formalities that used to require personal attendance, paperwork and a lot of time.

The state portal www.eesti.eewww.eesti.ee allows the registration of births, viewing of mandatory funded pension data, registration for Estonian language examinations, etc.

In a strong civil society, the residents can participate in discussion of public issues and making of the related decisions. For this purpose, the Internet environment www.osale.eewww.osale.ee was created in Estonia. Through this environment, civic associations and all residents of Estonia can express their opinions regarding matters important for the society.

At www.osale.eewww.osale.ee, everyone can submit proposals to the Government of the Republic, collect signatures in support of civic initiatives, and express opinions on draft legislation.

Since 2000, the Government of the Republic uses an IT system for arrangement of its meetings. The system consisting of laptop computers, special software, allows electronic (i.e. paper-free) preparation, holding and reporting of the meetings.

2. Rights, Duties, Freedoms and Restrictions

RIGHTS

Human rights

Human (or fundamental) rights, freedoms and duties apply equally to everyone residing in Estonia regardless of their citizenship, race, sex, nationality or other circumstances. These rights, freedoms and duties also apply to citizens of foreign states living in Estonia and people temporarily visiting Estonia. Similarly to societies and states, human rights develop, and must thus be adapted to the developments taking place in the world.

Universally recognized human rights are stipulated by international human rights’ treaties, for example, the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Constitutional rights, freedoms, and duties

For rights important for citizens of Estonia, citizens of foreign states and stateless persons living in Estonia, see the Constitution of the Republic of EstoniaConstitution of the Republic of Estonia.

Civil rights

According to the Constitution, certain rights are granted only for citizens of Estonia. Many of these are political, allowing citizens to participate in governance. The most important right of an Estonian citizen is the right to vote in elections of the Riigikogu and in referendums.

Only citizens of Estonia are allowed to stand in an election of the Riigikogu, since they are responsible for maintaining the constitutional order and statehood of Estonia. This way, only those who have bound themselves to Estonia can execute power through the Riigikogu and the government.

An Estonian citizen always has the right to come and live in Estonia. No citizen of Estonia may be expelled from Estonia. The Government can extradite to a foreign state Estonian citizens suspected of criminal offence, provided that international treaties require so.

The state of Estonia protects the rights of its citizens in foreign states. If an Estonian citizen has got into trouble abroad, the local Estonian Embassy will assist him or her in returning to Estonia: issue a new travel document, purchase a ticket home, arrange medical care, etc.

Pursuant to the Constitution, in general, only citizens of Estonia have the right to work as state or local government officials. There are some exceptions; for example, the Civil Service Act allows employing citizens of European Union Member States as officials. In case of positions which require a high degree of responsibility, strong ties and solidarity with the state of Estonia, the requirement of citizenship has been established by special legislation. For example, only Estonian citizens are allowed to be employed as judges, police officers, Defence Forces officials, and diplomats.

There are constitutional rights of national character:

• every Estonian (regardless of citizenship) is entitled to settle in Estonia

• everyone has the right to be taught in Estonian

• national minorities have the right to establish self-governing agencies in the interests of their culture

• everyone has the right to address government agencies, local authorities, and their officials in Estonian and to receive responses in Estonian

• the official language of government agencies and local authorities is Estonian

Rights of citizens of foreign states and of stateless persons

Citizens of foreign states and stateless persons are entitled to freely choose their area of activity, profession and position of employment, belong to companies, and vote in local government elections. There are some ownership limitations (for example, with respect to purchasing land in rural municipalities adjacent to the state border and on small islands). All people living in Estonia are entitled to government assistance in the case of old age, incapacity for work, loss of provider, or need. Citizens of foreign states in Estonia are required to observe the constitutional order and legislation of Estonia.

Everyman’s right (freedom to roam)

The rights and duties related to the natural environment are referred to as everyman’s right (or freedom to roam). Regardless of land ownership, everyone has the right to roam in natural or man-made environment freely on foot, by bicycle, on horseback, or by boat – provided that no damage is caused to the nature or the land owner. Roaming on unmarked private land is allowed from sunrise to sunset. Shore paths, public bodies of water and public roads can be used freely during the day and at night alike. (For further information, see brochure № 8.)

DUTIES

Besides rights, there are duties:

• It is the duty of each citizen of Estonia to be loyal to the constitutional order and to defend the independence of Estonia. Male citizens of Estonia are liable to national defence obligation from the age of 18 to the age of 60.

• Everyone has the duty of preserving nature and the environment and of compensating for any damage caused to them.

• Education for school-age children is compulsory to the extent specified by the law.

• Everyone is obliged to pay the national taxes, fees, fines, and encumbrances established by law.

• Everyone is obliged to pay the taxes established by local authorities on the basis of the law and to comply with encumbrances established.

Some of the duties come with the respective right. Parents have the right and the duty to raise their children and to provide for them. The family is required to provide for its members who are in need (for example, elderly grandparents). Adults are required to provide for their incapacitated parents in need (with the exception of cases where the parents have been deprived of parental rights). If such duties are neglected, the court can order support payment.

Spouses have equal rights and duties. Parents who have left the family remain responsible for the well-being of their children. Such parents have the right to meet their children and spend time with them. They are obliged to support the maintenance, studies, and hobbies of the children.

LEGISLATIVE DRAFTING

Supremacy of the Constitution

The most important legislation in Estonia is the Constitution. The Constitution stipulates general principles rather than specific instructions. The Constitution determines the essence of relations between the state and the individual, the government system, relations between the state and local governments, and legislative drafting. Other legislation supplements the Constitution and must not be in conflict with it. It prohibits making the state of Estonia a part of some other state. The independence and sovereignty are timeless – according to the Constitution, the state of Estonia is eternal. This principle can only be changed by the Estonian people, and would require a referendum to amend the Constitution.

Pursuant to the Constitution, legislative authority is vested in the Riigikogu. (As regards legislative drafting and constitutional institutions, see brochure № 1 as well.)

In order for the people to be able to comply with legislation, it must be public and accessible. All legislation must be published in the electronic Riigi Teataja (https://www.riigiteataja.ee)Riigi Teataja (https://www.riigiteataja.ee). Translations of many acts are also available there (click the button Tõlked (Translations)).

The procedure for adopting legislation by the Riigikogu is stipulated by the Riigikogu Rules of Procedure and Internal Rules ActRiigikogu Rules of Procedure and Internal Rules Act. Referendums in order to pass acts are arranged as specified in the Referendum ActReferendum Act. The procedure for amending the Constitution of the Republic of Estonia is provided for in the ConstitutionConstitution.

Introduction of draft Acts

The following have the right to initiate an Act:

• Members of the Riigikogu

• Factions of the Riigikogu

• Committees of the Riigikogu

• Government of the Republic

• President of the Republic, to amend the Constitution

Most of the draft Acts are introduced by the Government. In general, draft Acts are passed after three readings, but two readings can also be sufficient. In most cases, a majority of votes in favour is sufficient for passing an Act. Section 104 of the Constitution lists the laws of special importance that require at least 51 votes in favour to be passed (e.g., the Citizenship Act, elections-related Acts).

From draft Act to adoption

In the course of preparations for introduction of a draft Act, it is established why such an Act is required and what is the scope and effect of the Act, a first version of the text and an explanatory memorandum are written. The draft Act with the explanatory memorandum and other appendices is submitted to interest groups and to ministries for co-ordination. After that, the draft Act is submitted to the Riigikogu for legislative proceeding.

The first reading means introduction of the draft Act and discussion of the basic principles. After this, it is decided whether the draft Act should be sent to a second reading or rejected from the proceeding.

On the second reading, a report by the initiator of the draft Act and supplementary report by the leading committee are heard. The reports discuss the work done with the draft Act between the two readings. This is followed by comments of the members of Riigikogu, faction and committee representatives, voting of the motions to amend, and final vote (the draft Act is put to a vote as a whole).

In the course of the third reading, opinions regarding the draft Act can only be expressed by the authorised representative of a faction or a committee. The initiator of a draft Act has the right to withdraw it at any stage of the procedure, in order to avoid passing of a draft Act that has been amended in an unacceptable manner.

Upon termination of the authority of a composition of the Riigikogu, all pending draft Acts are withdrawn.

The Riigikogu has the right of submitting draft legislation to a referendum. The decision is passed by the majority of votes in favour (regardless of their quantity). The President of the Republic is obliged to proclaim adopted legislation. If a draft Act put to referendum should fail to receive the majority of votes, the President of the Republic shall call extraordinary Riigikogu elections.

Entry into force of an Act

After proclamation by the President of the Republic, an Act is published in the Riigi TeatajaRiigi Teataja. The President can refuse to proclaim an Act adopted by the Riigikogu and send it back for additional review and re-adoption. If the Riigikogu adopts the same Act without amendments, the President must proclaim the Act or refer it to the Supreme Court for verification of its compliance with the Constitution. If the Supreme Court rules that the Act is in conflict with the Constitution, the Act will not enter into force. If the Supreme Court finds that there is no conflict, the President is required to proclaim the Act. An Act enters into force on the tenth day following its publication in the Riigi Teataja, unless another term has been established.

State Budget ActState Budget Act

Each year, the Riigikogu passes as a separate Act the state budget composed of all the revenue and expenditure for one budgetary year. The budget is passed with the majority of votes in favour and enters into force at the beginning of the budgetary year. State authorities are allowed to incur expenditure in accordance with the state budget. If the Riigikogu has not passed a state budget within two months after the beginning of the budgetary year, the President of the Republic shall call extraordinary Riigikogu elections.

POLITICAL PARTIES

Political party

As concerns political parties, the governing legislation is the Political Parties ActPolitical Parties Act. The Non-profit Associations ActNon-profit Associations Act also applies.

A political party is a voluntary political association of Estonian citizens, which has been legally registered and the objective of which is to express the political interests of its members and supporters and to exercise authority. The activity of a political party is based on its articles of association; its political activity is based on its platform.

Structural units of a political party are formed on the principle of territoriality. Founding of the units in institutions, enterprises or organisations is prohibited.

The directing bodies and structural units of political parties founded, registered and operating in Estonia must be located within the territory under the jurisdiction of the Republic of Estonia. A structural unit may also be located in a foreign state if this is not contrary to the laws of that state. The formation and operation of political parties or their sub-units or of other political associations or their structural units of other states is prohibited within the territory under the jurisdiction of the Republic of Estonia.

Political parties whose objectives or activities are aimed at changing the constitutional order or territorial integrity of Estonia by force or are otherwise contrary to criminal law are prohibited.

Members of a political party

An Estonian citizen who has active legal capacity and has attained 18 years of age or a citizen of the EU who has permanent residence in Estonia may be a member of a political party.

A person may be a member of only one political party registered in Estonia at a time. At least 1,000 members are required for the founding of a political party. If the number of members of a political party falls below 1,000, compulsory dissolution of the party can be initiated. A list of the members of a political party must be public.

The following may not be members of a political party:

• the Chancellor of Justice and their advisors

• the Auditor General and the chief auditor of the National Audit Office

• judges

• prosecutors

• police officers

• members of the Defence Forces in active service

The President of the Republic shall suspend his or her membership in a political party for the duration of the term of office. Political parties cannot have collective members.

Funding of activities of a political party, supervision

In Estonia (and many other countries), political parties are supported from the state budget, in order to ensure their independence and prevent financial leverage. The size of the support is proportionate to the number of seats obtained in the elections of the Riigikogu. Political parties that participated in the elections but did not exceed the election threshold and received at least one percent of the votes are also entitled to some support. A political party is required to ensure the lawfulness and transparency of its revenue and expenditure.

A political party may receive income only from the following sources:

• membership fees established on the basis of the articles of association of the political party

• allocations from the state budget

• donations made on the terms and conditions laid down in legislation

• transactions with the property of the political party

After participation in elections, the political parties and single candidates must submit a report on their election expenditure. In addition to this, political parties are required to submit annual reports, similarly to other non-profit associations.

Donations

Political parties are only allowed to accept donations from private persons on account of their private property; other donations are prohibited. Voluntary work is not considered a donation. Any prohibited donations must be returned by the political party or transferred to the state budget. Above all, anonymous donations and donations by legal persons are prohibited.

ELECTIONS

Elections held in Estonia:

• Riigikogu

• local government

• President

• European Parliament

• referendum

Persons without right to vote

The following are not allowed to stand as a candidate or vote:

• persons who have been divested of active legal capacity by court

• persons who have been convicted of a criminal offence and are imprisoned

Every election has its own law:

• Riigikogu Election ActRiigikogu Election Act

• Local Government Council Election ActLocal Government Council Election Act

• President of the Republic Election ActPresident of the Republic Election Act

• European Parliament Election ActEuropean Parliament Election Act

• Referendum ActReferendum Act

Riigikogu electionsRiigikogu elections

Riigikogu is elected for a four-year term, the elections are held on the first Sunday in March. Estonian citizens who have attained 21 years of age by the last day for the registration of candidates have the right to stand as candidates (with the exception of persons in active service in the Defence Forces).

Political parties and single candidates are allowed to participate; election coalitions are not. Political parties must participate in elections under their own name. One can only vote for the candidates of his or her electoral district. After the ascertaining of election results, the votes are carried forward within the list, but the candidates are not re-ranked based on the votes cast for them. Therefore, those ranked higher in the national lists of candidates have an advantage.

Estonian citizens and European Union citizens registered in the Estonian population register who have attained 18 years of age by the election day have the right to vote.

Local government council electionsLocal government council elections

Local government councils are elected for a term of four years. The elections are held on the third Sunday in October.

Every Estonian citizen and citizen of the European Union who has the right to vote and whose permanent residence is located in the corresponding rural municipality or city not later than on 1 August of an election year has the right to stand as a candidate (with the exception of persons in active service in the Defence Forces). Participation by election coalitions is allowed. Candidates are not re-ranked within the list.

Estonian citizens and citizens of the European Union who have attained 18 years of age by election day and whose permanent residence, i.e. residence the address details of which have been entered in the Estonian population register, is located in the corresponding rural municipality or city have the right to vote.

President electionsPresident elections

The President is elected by the Riigikogu, or, if the Riigikogu should fail to elect the President, an electoral body (see brochure № 1). An Estonian citizen by birth who has attained forty years of age may be nominated as a candidate for President.

European Parliament electionsEuropean Parliament elections

The Parliament is elected for a term of five years. Elections to the European Parliament are held in a single electoral district covering the entire Estonia.

Estonian citizens and European Union citizens registered in the Estonian population register who have attained 21 years of age by the election day have the right to stand as candidates. Estonian citizens and citizens of the European Union who have attained 18 years of age by election day, whose permanent residence is in Estonia, i.e. the address details of their residence have been entered in the Estonian population register, and who have not been deprived of the right to vote in their home Member State have the right to vote.

ReferendumReferendum

Estonian citizens who have attained 18 years of age by the day of memorandum have the right to participate.

Electoral committees

Riigikogu elections are organised by the following electoral committees:

• the National Electoral Committee

• county electoral committees

• voting district committees

• the Electronic Voting Committee

Right to stand as a candidate

The legislation stipulates that persons holding certain positions may not be members of the Riigikogu or local government council at the same time. They have the right to stand as candidates, but are required to decide whether to continue in their current position or to become a member of the Riigikogu or council if elected. Also, a person cannot be a member of the Riigikogu and a local government council at the same time.

In order to stand as a candidate, security must be deposited and the required documents submitted to the electoral committee. The security is refunded to an independent candidate if the candidate is elected or receives votes to the extent of at least one-half of the simple quota in the electoral district, or to a political party if the candidates of the political party receive at least 5 per cent of the votes nationally. During active campaigning (i.e., from the last date for the registration of candidates), political outdoor advertising is prohibited.

Electoral districts

Riigikogu elections are held in twelve electoral districts, the borders of which coincide with county borders (a single district can consist of several counties; there are three electoral districts in Tallinn). The electoral districts are subdivided into voting districts.

Political parties nominate candidates by electoral districts and also prepare a national list. A single candidate can only run in a single electoral district.

Voting districts are permanent. Voting is held in the same voting districts for Riigikogu, local government council and European Parliament elections and referendums, unless the rural municipality or city government determines otherwise.

Advance voting

Advance voting is held on the week preceding the election. Voting is possible in the voting district of residence and outside of it, as well as electronically over the home page www.valimised.eewww.valimised.ee. During the advance voting period, e-votes submitted can be changed by re-voting electronically or by ballot paper. The electronic voting procedure is the same in case of Riigikogu and local government council elections.

Registration of voters

Not later than on the twentieth day before election day, voter’s cards are sent to the voters’ residences entered in the population register. A voter who has not received a voter’s card may file an application with the rural municipality or city secretary for clarification to be given or errors to be corrected. In order to help protect nature, an electronic voter’s card can be chosen instead, which is sent to the person’s official e-mail address (name.surname@eesti.ee). Voters are registered in the population register. Voters can check their details through the portal www.eesti.eewww.eesti.ee.

Voting on election day

Voters vote in the voting district where they are entered in the list of voters based on place of residence. Voting for voters residing in foreign states on a permanent or temporary basis is arranged by foreign missions of Estonia. If a voter is unable to vote at a polling place due to his or her state of health or for another good reason, he or she may apply to vote at home. Voters are required to present one of the following identity documents with photo:

• identity card (ID card)

• Estonian passport

• diplomatic passport

• seafarer’s discharge book

• driving licence

• pension certificate

• residence permit card (ID card counterpart for non-EU-foreigners)

• alien’s passport (in case of local government council elections)

After presenting an identity document, the voter is required to sign the list of voters against receipt of the ballot paper. Voting takes place in a voting booth.

• In case of elections, the registration number of the candidate for whom the voter wishes to vote must be written on the ballot paper.

• In case of referendums, one of the spaces on the ballot paper (marked “yes” or “no”) must be checked.

• A member of the division committee standing next to the ballot box stamps the ballot paper. After that, the voter deposits the ballot paper in the ballot box.

A ballot paper is invalid if the registration number written on the paper has been corrected or is illegible.

Information on the political parties and candidates should be acquired before the actual election day, since on that day any campaigning is prohibited.

Detailed information on the organisation of elections and referendums and on voting/election results are available on the home pages of the (National Electoral CommitteeNational Electoral Committee) or (the Riigikoguthe Riigikogu). Legislation regulating the elections and referendums and the results calculation process are also available there.

LEGAL ASSISTANCE

Legal assistance is provided by representatives of several liberal professions (incl. notaries and bailiffs), law firms and advocate’s law offices, and by the state.

Notary

An independent official representing a liberal profession who performs a public function delegated by the state. The Minister of Justice appoints the notaries and determines the number of their offices. Notaries are appointed to office for life. Offices of notaries are filled on the basis of competition by the Ministry of Justice, and the Ministry also supervises the notaries’ activity. A notary needs to be an EU citizen and be proficient in Estonian (at least category A2). A notary protects equally the interests of all parties and ensures that the transactions notarially attested are in balance. The office of notary and the status of the Chamber of NotariesChamber of Notaries are adjusted by the Notaries ActNotaries Act.

In general, notarial acts include:

• notarial attestation

• notarial authentication

• conduct of succession proceedings

Transactions attested include the following, for example: contracts for acquisition or transfer of immovable property, memorandums of association, merger and division agreements of companies, contracts for transfer or pledging of shares in private limited companies, authorisation documents, etc. In addition to notarial acts, notaries offer voluntary professional services (e.g., legal consulting, auction procedures, conciliation, etc.). For the professional services offered by specific notaries, see the home page of the Chamber of Notaries.

Notary fees

Notary fees are based on the Notary Fees ActNotary Fees Act. This means that all notaries have the same rates for identical transactions.

In some cases, the notary’s fee depends on the transaction value; in other cases, it does not. Regardless of this, payment of other fees and taxes is often required. Mostly these are associated with making of the required entries in national registers.

Since 1 January 2010, notaries authenticate public documents issued in Estonia (diplomas, marriage certificates, etc.) by an apostille (certificate). Notaries authenticate documents by an apostille regardless of their territorial jurisdiction, but a notary cannot authenticate by an apostille any documents attested or authenticated by the notary himself or herself.

Bailiff

A bailiff is also an independent representative of a liberal profession. Bailiffs enforce so-called execution documents. These include administrative legislation (e.g. tax arrears, parking tickets), judicial decisions subject to immediate execution, decisions made by committees (e.g. decisions of a labour dispute committee or motor third party liability insurance committee), contracts (e.g. notarially attested contracts in which the parties undertake to comply with immediate compulsory execution upon non-performance of the contract). Bailiffs’ activities are regulated by the Bailiffs ActBailiffs Act. Payment of parking tickets and the like through the bailiff is much more expensive than payment thereof in due time.

Law firms and advocate’s law offices

In case of more complicated legal issues, a law firm or advocate’s law office should be contacted, after preliminary inquiry into its areas of activity – most lawyers and advocates specialise in some specific matters.

Legal assistance costs will depend on the severity of the problem and on the legal partner you decide to involve.

Legal aid (free of charge)

The objective of the legal aid portal http://www.juristaitab.ee/http://www.juristaitab.ee/ (operated by the Ministry of Justice and SA Õigusteenuste büroo) is to help people with finding solutions to legal issues encountered in everyday life.

For legal advice, information helplines of state agencies can be called and local government officials with a legal background contacted.

State legal aidState legal aid

The purpose of state legal aid is to ensure the timely and sufficient availability of competent and reliable legal services to all persons; entitled to such aid are persons unable to pay for competent legal services or unable to cope after paying for the services. The applicant must be a citizen of Estonia or the EU or a person whose legal place of residence is in Estonia or elsewhere in the European Union. State legal aid is granted by a lawyer.

State legal aid means that the state initially pays all or some of the legal service costs; however, state legal aid can be associated with the obligation of costs repayment after conclusion of the court action.

The granting of legal aid is based on the person’s application. The forms for legal aid are available at the home page .

An Estonian citizen or a person residing in Estonia on the basis of a residence permit may receive the state legal aid in connection with proceedings regarding their civil case in a court of a Member State of the EU or in another body resolving disputes until legal aid is applied for from a competent body of the corresponding Member State.

State legal aid is granted in connection with pre-trial proceedings (civil, criminal, and misdemeanour cases), judicial proceedings (civil, criminal, misdemeanour, and administrative cases), enforcement, administrative and review proceedings, drawing up legal documents, and the provision of other legal counselling or representation services.

State legal aid is not granted in case of business disputes or moral damage compensation, for example.

The following can be applied for from the state:

• financial assistance for payment for legal services

• procedural assistance for covering legal expenses

• exemption from payment of notary fees

Advice regarding state legal aid is available from advocate’s law offices free of charge. Free legal aid for persons suffering from solvency problems is also available from the Estonian Lawyers’ UnionEstonian Lawyers’ Union.

OFFENCES

Offences are criminal offences and misdemeanours. A criminal offence violates the victim’s legal rights. Misdemeanours are administrative offences (for example, causing risk of fire in nature, violations of public order or traffic regulations, etc.). In case of criminal offences, only the courts have the right of conducting proceedings, while in case of misdemeanours bodies conducting extra-judicial proceedings (for example, the Police and Border Guard Board, Tax and Customs Board, county or local government) also have that right. The actions of bodies conducting extra-judicial proceedings can be appealed in court.

Presumption of innocence

This means that no one shall be presumed guilty of a criminal offence before a judgment of conviction has entered into force with regard to him or her. In connection with this, it must be considered that rulings of lower courts can be appealed and that a higher court can rule differently. No one is required to prove his or her innocence in a criminal proceeding. A suspicion of guilt regarding a suspect or accused which has not been eliminated shall be interpreted to his or her benefit.

Reporting crime

Emergency aid in case of a criminal offence is provided by the Police and Border Guard Board and by the Rescue Board. In addition to this, criminal offence victims are helped by the local government and volunteers from Victim Support.

To report a criminal offence:

• call the Police by dialling the free short number 110

• call the Emergency Response Centre by dialling 112

• visit the nearest police authority

• by sending an e-mail to the respective prefecture.

Introduction of common emergency call number 112

By the end of 2014, there will be a common emergency call number in Estonia. After this, in order to call the police, rescuers or emergency medical care, all you need is to dial 112. For further information on the introduction, visit the Rescue Board home pageRescue Board home page.

Criminal offence

A criminal offence is an offence provided for in Penal CodePenal Code and the principal punishment prescribed for which in the case of natural persons is a pecuniary punishment or imprisonment and in the case of legal persons, a pecuniary punishment or compulsory dissolution.

The three necessary elements of a criminal offence are:

• the act (in some cases, omission) has been specified in legislation

• there are no circumstances excluding guilt or unlawfulness (for example, minority or self-defence considerations)

• the act is intentional

Degrees of criminal offences

• A criminal offence in the first degree is an offence the maximum punishment prescribed for which by law is imprisonment for a term of more than five years, life imprisonment or compulsory dissolution. The death penalty is illegal in Estonia.

• A criminal offence in the second degree is an offence the punishment prescribed for which by law is imprisonment for a term of up to five years or a pecuniary punishment.

Criminal proceedings

Pre-trial proceedings of criminal offences take place under the provisions of the Code of Criminal ProcedureCode of Criminal Procedure, in order to collect evidentiary information and create other conditions necessary for court procedure. In the course of pre-trial proceedings, the investigative body and Prosecutor’s Office strive to establish the facts relating to the offence. A Prosecutor’s Office directs pre-trial proceedings and represents public prosecution in court. The Police and Border Guard Board, the Internal Security Service, the Tax and Customs Board, the Competition Board, the Military Police, the Environmental Inspectorate and the Prisons Department of the Ministry of Justice and the prison can be investigative bodies within the limits of their competence.

Circumstances precluding criminal proceedings:

• there are no grounds for criminal proceedings

• the limitation period for the criminal offence has expired

• an amnesty precludes imposition of a punishment

• the suspect or the accused is dead (or the suspect or accused who is a legal person has been dissolved)

• a decision or a ruling on termination of criminal proceedings has entered into force in respect of a person in the same charges

• a suspect or accused is terminally ill and is therefore unable to participate in the criminal proceedings or serve a sentence

• voluntarily surrendering of firearms, explosive devices in illegal possession or the substantial part, ammunition or explosive thereof

Criminal proceedings may be continued if this is requested for the purposes of rehabilitating a suspect or accused.

Criminal proceedings may be terminated:

• on the basis of conciliation

• upon occurrence of circumstances precluding criminal proceedings

• due to failure to identify the person who committed criminal offence

• in case of lack of public interest in proceedings and in case of negligible guilt

• due to lack of proportionality of punishment

• in connection with assistance received upon ascertaining facts relating to criminal offence

• in connection with expiry of reasonable time of processing

A victim has the right to:

• contest a refusal to commence or terminate criminal proceedings

• file a civil action with a county or city court prior to termination of a judicial investigation

• give or refuse to give testimony on the bases provided for in legislation

• submit evidence

• submit requests and complaints

• examine the minutes of procedural acts and give statements on the conditions, course, results and minutes of the procedural acts (which statements are recorded in the minutes)

• examine the materials of the criminal file

• participate in the court hearing

• give consent to the application of settlement proceedings or to refuse to give such consent, to present an opinion concerning the charges and punishment and the damage set out in the charges and the civil action

• give consent to the application of a temporary restraining order and request application of a restraining order

A victim is required to:

• appear when summoned by an investigative body, Prosecutor’s Office or court

• participate in procedural acts and obey the orders of investigative bodies, Prosecutors’ Offices and courts

Victim support

Practical and psychological assistance to victims of crime is provided by trained volunteers of the Victim SupportVictim Support. Realising the practical and emotional difficulties resulting from a crime, they offer free, confidential and independent support over the telephone or in person.

Victim Support can provide the following:

• time for conversation

• assistance related to insurance and compensation claims

• advice on how to be safer in the future

• aid in court

• information on other agencies

• assistance in criminal proceedings

Payment of compensation to victims of crime or their dependants

Compensation is paid to victims of crime by the state if the crime resulted in serious damage to their health or a health disorder lasting for at least six months. Dependants are entitled to compensation if the criminal offence resulted in death of the victim. Pursuant to the Victim Support ActVictim Support Act, 80 % of material damage is compensated, but not more than 9,590 EUR per one victim and all of his or her dependents. A precondition to applying for the compensation is commencement of criminal proceedings by the Police. In order to apply for compensation, the victim is required to contact the local customer service office of the Social Insurance Board.

The amount of compensation is determined based on the material damage caused by a crime of violence:

• damage arising from incapacity to work

• the victim’s medical expenses

• damage arising from the death of the victim

• damage caused to spectacles, dentures, contact lenses and other appliances substituting for bodily functions and to clothes

• the victim’s funeral expenses

Witness

A natural person who may know facts relating to a criminal offence committed. While giving testimony, the witness is required to tell the truth.

Refusal to give testimony is allowed if the person suspected/accused is a close relative of the witness or if the testimony may lay blame on the witness himself or herself or on his or her close relative. Persons obliged to professional secrecy by law may refuse to give testimony concerning circumstances that have become known to them in their professional activity. A person suspected/accused under the same criminal matter, an official of an investigative body, prosecutor or judge who is conducting the proceedings in the criminal matter may not give testimony as a witness.

Suspect

A person who has been detained on suspicion of a criminal offence, or a person whom there is sufficient basis to suspect of the commission of a criminal offence and who is subject to a procedural act.

The rights and obligations of a suspect must be immediately explained to him or her and he or she is interrogated with regard to the content of the suspicion. Interrogation may be postponed if immediate interrogation is not possible due to the state of health of the suspect, or if postponing is necessary in order to ensure the participation of a counsel and interpreter. If the suspect is less than 18 years old, the participation of a counsel in the proceedings is mandatory.

A suspect has the right to:

• know the content of the suspicion and give or refuse to give testimony with regard to the content

• know that his or her testimony may be used against him or her

• the assistance of a counsel

• confer with the counsel without the presence of other persons

• be interrogated and participate in confrontation, comparison of testimony to circumstances and presentation for identification in the presence of a counsel

• participate in the hearing of an application for an arrest warrant in court

• submit evidence

• submit requests and complaints

• examine the minutes of procedural acts and give statements on the conditions, course, results and minutes of the procedural acts (which statements are recorded in the minutes)

• give consent to the application of settlement proceedings, participate in the negotiations for settlement proceedings, make proposals concerning the type and term of punishment and enter or decline to enter into an agreement concerning settlement proceedings

A suspect is required to:

• appear when summoned by an investigative body, Prosecutor’s Office or court

• participate in procedural acts and obey the orders of investigative bodies, Prosecutors’ Offices and courts

Accused

A person with regard to whom a Prosecutor’s Office has prepared a statement of charges or with whom an agreement has been entered into in settlement proceedings.

The accused has the rights and obligations of a suspect. The accused has the right to examine the criminal file through his or her counsel and participate in the court hearing.

The accused with regard to whom a judgment of conviction has entered into force is a convicted offender; the accused with regard to whom a judgment of acquittal has entered into force is an acquitted person.

Summons

A person can be summoned to an investigative body by a summons communicated by telephone, fax or other means of communication. If there is reason to believe that a person will abscond at a body conducting proceedings or a person has expressed a wish to receive a written summons, the person is summoned to an investigative body, Prosecutor’s Office or court by a written summons. A summons must be communicated to or served on a person in sufficient time for the appearance.

Misdemeanour

The Code of Misdemeanour Procedure is currently in the legislative proceeding of Riigikogu. Be sure to compare whether the following complies with the valid version of the Act.

Punishments imposed for misdemeanours include fines or detention. Fines can be imposed by an extra-judicial body and a court. The fine can range between 3 and 300 fine units (one fine unit equals 4 EUR); therefore, fines ranging from 12 to 1,200 EUR can be imposed. In case of legal persons, the fine can range between 32 and 32,000 EUR.

Detention (short-term imprisonment) can only be imposed by a court. An extra-judicial body has the right to choose whether to impose a fine for a misdemeanour or to apply for imposition of a detention for the offender by court. A court can impose detention for a term from one to thirty days. If a person commits an act which comprises the necessary elements of both a misdemeanour and a criminal offence, he or she is punished only for the criminal offence. If a punishment is not imposed for the criminal offence, the same act may be punished for the misdemeanour. In contrast to criminal offences, abetting or aiding a misdemeanour is not punishable.

All criminal offences are provided in the Penal CodePenal Code, while misdemeanours can also be provided in other legislation (for example, the Traffic Act, Customs Act, and Environmental Liability Act).

Bodies conducting extra-judicial proceedings

Section 9 of the Code of Misdemeanour ProcedureSection 9 of the Code of Misdemeanour Procedure specifies the bodies conducting extra-judicial proceedings in case of certain misdemeanours. In most cases, the Police and Border Guard Board is the body conducting extra-judicial proceedings, but the following may also have authority depending on the misdemeanour: Rescue Board, Environmental Inspectorate, Tax and Customs Board, county governments and rural municipality or city governments, the Internal Security Service, Technical Surveillance Authority, Maritime Administration, Ministry of Justice, prisons, Ministry of the Environment, Land Board, and state supervisory authorities.

Officials of these bodies have the right of imposing fines on persons for misdemeanours, for which reason any misdemeanours should be reported to them.

Punishments for misdemeanour

The Police have the right of punishing a person for a misdemeanour only under caution, expedited, or general procedure. In this connection, procedural documents (report and decision) must be prepared, based on which the decision can be appealed. The caution and expedited procedure are executed at the place of commission of the misdemeanour.

The caution procedure is applied in case of minor misdemeanours. Instead of imposing a punishment, the person can be cautioned orally (i.e. the decision on cautioning is not prepared) or imposed a cautionary fine (natural persons: 3-15 EUR; legal persons: 15-60 EUR). In case of caution procedure in writing, the maximum cautionary fine is 190 EUR. The cautionary fine must be paid to a bank account within seven days as of the receipt of the decision, otherwise the police will resume the misdemeanour proceeding.

The expedited procedure is applied if the facts of the misdemeanour are explicit and the person subject to proceedings (at least 18 years old) agrees with it. The maximum fine imposable by the police by a decision made by expedited procedure is 100 units (i.e. 400 EUR) in case of natural persons and up to 1,300 EUR in case of legal persons. The fine must be paid within fifteen days as of the receipt of the decision.

In case of the general procedure, the person subject to proceedings is summoned to the body conducting the extra-judicial proceedings (police prefecture). By general procedure, it is determined whether the misdemeanour procedure should be terminated or a fine imposed. The fine should be paid to a bank account within fifteen days after the date when the decision of the body becomes available at the body (prefecture).

Appealing against a decision

A person subject to proceeding has the right to contest a decision of the body conducting the extra-judicial proceedings pursuant to the procedure provided for in the Code of Misdemeanour ProcedureCode of Misdemeanour Procedure, as well as to file an appeal against the activity of the Police as the body conducting extra-judicial proceedings with the head of the body (police prefecture). Only the activity and not the ruling made can be appealed. The head is required to adjudicate the appeal within five days. If the person does not consent to a ruling made, he or she has the right to file an appeal with the county court.

Rulings made by expedited or general procedure can be appealed by the person subject to proceeding within 15 days as of the date when the person received the ruling or it became available. The appeal will be heard by the county court in whose territorial jurisdiction the police conducted the procedure and made the ruling. The court will hear the misdemeanour matter in its entirety, regardless of the limits of the appeal filed, and verify the factual and legal circumstances that served as the basis of the ruling.

Judgments of county courts can be appealed to the circuit court (appeal) and judgments of circuit courts to the Supreme Court (cassation).

CONTRACTS

Active legal capacity

Passive legal capacity begins with the birth of a human being and ends with his or her death. For example, minors can be successors.

Persons who have attained 18 years of age (adults) have full active legal capacity. If a person at least 16 years old marries before attaining 18 years of age, he or she is granted active legal capacity as of entering into contract of marriage. Persons unable to understand their actions, for example, due to mental illness, do not have active legal capacity. Minors under 7 years of age do not have active legal capacity. In their name, transactions are performed by their legal representatives (parents, guardians appointed by court). A minor under the age of seven may enter into petty transactions independently. Minors aged 7-18 have restricted active legal capacity; they have the right to enter into transactions with the consent of their legal representative. A transaction entered into without the consent of the legal representative is valid if the minor performed the transaction by means which his or her legal representative or a third person with the consent of the legal representative had granted to him or her for such purpose or for free use (e.g., pocket money).

Contract conclusion

Where the law does not provide for a required format, contracts can be concluded orally, in writing or in any other form. A contract is considered concluded if the essential terms have been agreed.

Written contract

In case of written contracts, the parties are required to autographically sign the documents (unless otherwise provided by law – for example, the law may provide that only the obligated party is required to sign). The law may require that the contract must be in a format that can be reproduced by writing, in which case the contract must include the names of the persons concluding it, but need not be personally signed. In certain cases, mechanical signature (by stamp, for example) is allowed, if use thereof is commonplace.

Electronic format is considered equal to written format (unless otherwise provided by law). This means that the contract has been prepared in a manner allowing unchanged reproduction, contains the names of the parties and has been electronically signed by them.

Contract data

Contracts must contain the following data:

• time and place of contract conclusion

• contracting parties

• object of contract (item purchased, apartment leased, sum borrowed)

• material value (item price, amount of rent, credit or remuneration)

• liabilities of parties (transfer of item, ensuring quality, receipt, payment)

• term (for performance of obligations, contract period)

• sanctions in case of violations

• final provisions, other terms and conditions (entry into force, annexed documents, governing legislation, amendment and contestation procedure)

• signatures of parties

Notarised contract

Notarisation means such written preparation of a contract in which case the parties’ signatures are certified by a notary. Notarial certification can be substituted by notarial authentication, which means that in addition to the validity of signatures, the notary examines the contract contents and explains the contents to the parties. Transactions are subject to notarial authentication if this is required by law, for example:

• transfer of an immovable, establishment of real right

• transfer of a residential building, summer-house and other structure as a movable, pledging

• marital property contract

• in certain cases, memorandums of association or foundation resolutions of companies

• transfer of a share in private limited company

• assignment of the right of claim for unlawfully expropriated property

Oral contract

Simple contracts can be entered into orally (for example, purchasing goods from a store is in essence an oral contract), but each oral agreement cannot be regarded as a contract in the legal meaning. According to law, oral contracts are not mandatory in case of any transactions. If oral agreement was achieved by mutual exchange of declarations of intent and the parties wanted to give it a legally binding meaning, it is considered a contract. The difference between an agreement and a contract lies in that the latter is legally secured.

Since an oral contract is difficult to prove, contracts should be concluded in writing.

Representation and authorisation

If a person acts on behalf and in the name of another person, in the legal sense, the persons are in a representation relationship. Representation can be divided into two categories:

• Legal representation – the representative’s respective right/obligation is provided for by law, regardless of the representative’s will. For example, parents are legal representatives of their children less than 18 years old. A legal person is represented by its management board.

• Contractual representation – a natural or legal person appoints a representative.

The rights and obligations arising through the representative’s actions apply to the person represented. A precondition to representation is that use of a representative is allowed. Use of a representative is not allowed in case of transactions that need to be concluded in person according to law or agreement concluded between the parties. Such transactions include entering into contract of marriage or making a will, for example.

Authorisation and authorisation document

Authorisation is granted by authorisation document. It proves that the representative has the right of representation. The law establishes the general principle according to which the authorisation document must be in the same format as the transaction associated with the authorisation. For example, all immovable property-related transactions require notarial certification, which means that the authorisations granted for conclusion of the transaction must be similarly certified.

Scope of authorisation

For the party represented, it is reasonable to define the scope of authorisation in the authorisation document. If the scope has been vaguely defined, the representative’s understanding of the contents of authorisation will prevail. If the rights granted to a representative are not defined clearly in the authorisation document, the representative can misinterpret and exceed them; also, third persons need not understand them correctly. In some cases, the scope of authorisation may be prescribed by law.

CONSUMER PROTECTION

Whenever natural persons purchase goods or services, the consumer rights provided by law must be considered. Supervision over consumer rights is exercised by the Consumer Protection BoardConsumer Protection Board; the domain is regulated by the Consumer Protection ActConsumer Protection Act. In case of questions or problems, before submission of a complaint, call the Consumer Protection Board counselling phone 1330 or 6201707 for advice (Mo–Fr 8 AM–4 PM), visit the Board’s home page www.tarbijakaitseamet.eewww.tarbijakaitseamet.ee or contact consumer organisations involved in counselling.

Basic requirements of consumer protection

The three basic requirements to a seller:

• the seller is responsible for the goods and services sold

• the goods must be safe and comply with presumed characteristics of use

• the seller must provide consumers with correct information

The seller is required to provide information in Estonian concerning the composition and storage conditions of the goods sold. Technically sophisticated goods must be accompanied by an instruction manual in Estonian. If the consumer has used the goods incorrectly because of misleading information or lack of information and suffered damages, the seller is required to compensate for the damages.

The “kõlblik kuni/use by” labelling applied in case of highly perishable foodstuffs means that the foodstuffs may be sold and consumed only until the date specified (inclusive). The labelling “parim enne/best before” indicates that the product’s best qualities are ensured until the date specified.

Trading must follow good trade practice. Unfair commercial practices are prohibited – in particular, practices that are misleading or aggressive with respect to consumers.

• A commercial practice is deemed to be misleading if the way information is presented to consumer is misleading, false information is presented, or the information necessary for making of a transactional decision is not presented.

• Aggressive commercial practices include persistent and unwanted solicitations by phone or e-mail and advertisements aimed at children that include a direct exhortation to buy the advertised goods or services.

Price

Whenever goods are offered, the final price of the goods (including all taxes) must be indicated. In case of goods measured in kilograms, litres or metres, in addition to the sales price, the unit price (per kilogram, litre or metre) must be indicated.

The final price for a service, i.e. the price including all taxes, must be notified to the consumer prior to service provision. The price list for services or tariffs applied for calculation of prices must be displayed to consumers visibly.

Time for complaint submission, warranty

In case of goods or service non-compliance with contract conditions, the consumer is entitled to file a complaint with the seller within two years as of item acquisition or service provision. During the first six months of this period, the seller is required to prove that the goods sold or service provided were not defective. After that, the consumer is required to prove that contract conditions were violated. The seller is required to repair, replace, or compensate for goods or service non-compliant with contract conditions.

‘Warranty’ means that the seller or producer promises to offer the consumer conditions more favourable than provided for by law. In case of goods covered by a warranty, the respective statement must be provided on the receipt or specified in a separate warranty document. The warranty statement must include the seller’s details, warranty term, contents and scope of the warranty, and rights associated with the warranty. If an item is replaced during the warranty period, the replacement item must be granted a new warranty with the same duration as the original warranty. If an item is repaired, the warranty is extended by the length of the period of repair. Entrepreneurs, sales personnel and buyers alike tend to confuse the right for submission of complaints with warranty. The law, however, makes a clear distinction between these terms and misuse of the term ‘warranty’ is punishable. As opposed to the right for submission of complaints (within a two-year period), which has been prescribed by law, granting a guarantee is not mandatory.

E-commerce and door-to-door selling

Consumers of goods or services offered and sold using means of communication (computer and online store, telephone, fax, TV-sales, mail, etc.) or in the dwelling or place of work of the consumer or otherwise away from business premises must be informed of their right to withdraw from acquisition of any goods or services within fourteen days without any justification.

Supervision

The Consumer Protection BoardConsumer Protection Board is entitled to exercise supervision over sellers. The Board is entitled to make test purchases, require relevant information on goods or services offered, issue warnings and precepts, impose fines, and suspend the offering and sale of goods or services harmful to consumers.

Recommendations to consumers

In order to facilitate resolution of possible problems later on, always keep the purchase documents (receipt, contract, etc.) proving that you made the purchase from the specific store or service enterprise.

Make sure you always carefully read any instruction manuals accompanying the goods and pay attention to maintenance symbols – this way you will know how to use the goods correctly and avoid damages caused by personal incompetence. The seller or producer cannot be held responsible for any product deterioration/damage caused through your negligence and failure to comply with instructions – in such cases, you will not be entitled to repair possible defects free of charge, for example.

3. Estonian Citizenship and Living in Estonia

ESTONIAN CITIZENSHIP

Estonian citizenship

Estonian citizenship is the legal tie between an Estonian citizen and the Republic of Estonia, which results in rights and liabilities for both of the parties. Estonian Citizenship is accompanied by European Union citizenship (for further information, see brochure № 10).

The conditions and procedure for acquisition, loss and resumption of Estonian Citizenship are established by the Citizenship ActCitizenship Act.

Rights of Estonian citizens

For the fundamental rights, freedoms and duties of all human beings, see Chapter II of the Constitution of the Republic of EstoniaChapter II of the Constitution of the Republic of Estonia (see also brochure № 2). In addition to the rights and freedoms guaranteed to all people residing in Estonia, the Constitution establishes the rights of Estonian citizens (i.e. the political rights granted to Estonian citizens only and allowing them to participate in state governance).

The most important rights of an Estonian citizen:

• to vote in Riigikogu elections and referendums

• to belong to a political party (after Estonia’s accession to the European Union, EU citizens have the same right)

• to stand in Riigikogu elections

• to be nominated as a candidate for the President of the Republic (in case of Estonian citizens by birth who have attained forty years of age).

• to settle in Estonia

Besides this:

• no citizen of Estonia may be expelled from Estonia

• the state of Estonia protects the rights of its citizens in foreign states

• in general, only citizens of Estonia have the right to work as state or local government officials

Duties of Estonian citizens:

• to be loyal to the constitutional order and to defend the independence of Estonia

• to preserve nature and the environment and compensate for any damage caused to them

• to pay the national taxes, fees, fines, and encumbrances established by law

• to pay the taxes established by local authorities on the basis of the law and to comply with encumbrances established

• male citizens of Estonia are liable to national defence obligation from the age of 18 to the age of 60

• education for school-age children is compulsory to the extent specified by the law

• in a state of emergency or a state of war, additional duties may be imposed on citizens in the interests of national security and public order

While in Estonia, individuals without Estonian citizenship are also required to observe the constitutional order of Estonia.

Ways for acquisition of Estonian citizenship

1. Citizenship by birth. Acquired if:

a. at least one of the parents of the child holds Estonian citizenship at the time of the birth of the child b. the child is born after the death of his or her father if the father held Estonian citizenship at the time of his death c. the child has been found in Estonia (unless the child is proved to be a citizen of another state)

d. the child has been adopted (under certain conditions)

2. Citizenship by naturalisation. The Government of the Republic takes decisions on the grant or resumption of Estonian citizenship. In order to apply for this, the person must submit an application. Persons who are granted Estonian citizenship for achievements of special merit are also considered to have acquired the citizenship by naturalisation (see below: Acquisition of Estonian citizenship for achievements of special merit).

3. Estonian citizenship is resumed by a person who lost it as a minor.

Estonian citizens are not allowed to be the citizens of some other state besides Estonia. Estonian citizenship is lost upon acceptance of the citizenship of another state. A child is allowed to acquire more than one citizenship by birth. Persons who by birth acquire the citizenship of another state in addition to Estonian citizenship must renounce either their Estonian citizenship or their citizenship of the other state within three years after attaining the age of 18 years.

Conditions for acquisition of Estonian citizenship by naturalisation

An alien who wishes to acquire Estonian citizenship by naturalisation shall:

• be at least 15 years of age

• have a residence permit of a long-term resident or the right of permanent residence

• have lived in Estonia on the basis of a residence permit or the right of residence for at least eight years prior to the date on which he or she submits an application for Estonian citizenship and permanently at least the last five years (permanent stay in Estonia is legal stay in Estonia for at least 183 days per year, provided that absence from Estonia does not exceed 90 consecutive days per year)

• have legally and permanently resided in Estonia on the basis of a residence permit of a long-term resident or the right of permanent residence for six months from the day following the date of registration of the application for Estonian citizenship

• have a registered residence (entered in the population register) in Estonia

• have knowledge of the Estonian language in accordance with the requirements provided for in the Citizenship Act (see below for the language requirements)

• have knowledge of the Constitution of the Republic of EstoniaConstitution of the Republic of Estonia and Citizenship ActCitizenship Act in accordance with the requirements provided for in the latter

• have a permanent legal income

• be loyal to the Estonian state

• take an oath: “Taotledes Eesti kodakondsust, tõotan olla ustav Eesti põhiseaduslikule korrale.” [In applying for Estonian citizenship, I swear to be loyal to the constitutional order of Estonia.]

For minors under 15 years of age, the citizenship can be applied for based on a simplified procedure (see below).

Application for Estonian citizenship

In order to apply for Estonian citizenship, contact the Police and Border Guard BoardPolice and Border Guard Board (PBGB). For this, choose the most convenient citizenship and migration bureaucitizenship and migration bureau (in other words, PBGB service bureauPBGB service bureau), submit an application and other documents required, and pay the state fee. The application and curriculum vitae can be prepared on-site with the official’s assistance. These can also be sent by mailmail or e-maile-mail. Information is also available from the home page www.politsei.eewww.politsei.ee.

Submission of the application is followed by a six-month period during which the applicant should receive a certificate from the competent authority of his or her country of nationality which proves that he or she has been released from his or her previous citizenship or will be released therefrom in connection with the acquisition of Estonian citizenship, or that he or she has been declared to be a stateless person. When the six months have passed, the applicant is required to visit the PBGB service bureau again, confirm his or her intention and submit the certificate described above.

After this, the documents are forwarded to the Government of the Republic for a decision to be taken on the grant of Estonian citizenship. If the decision is positive, the new citizen is issued a certificate of citizenship, based on which he or she can apply for the ID card and the Estonian passport.

Documents required for acquisition of Estonian citizenship by naturalisation:

• application (to be filled in electronicallyelectronically or printed outprinted out and filled in manually)

• identification document

• documents certifying education

• documents certifying career

• document certifying permanent legal income

• curriculum vitae

• colour photograph 40 × 50 mm

• receipt for payment of the state feereceipt for payment of the state fee

Examination

A precondition to applying for citizenship is passing the examination of the knowledge of the Constitution of the Republic of Estonia and the Citizenship Act and the Estonian language examination. The examinations are arranged by Foundation InnoveFoundation Innove. In order to assist in preparation for the examinations, free training courses and compensation for language training expenses are offered.

All over Estonia, free training courses for the examination of the knowledge of the Constitution of the Republic of Estonia and the Citizenship Act are being arranged.

The handbook and vocabularies are also available on the home page of the Examination Centre and the Integration and Migration Foundation Our People (MISA) home page (www.meis.eewww.meis.ee). For further information on the courses, follow the linklink. From state budget means, Estonian language training costs are compensated to those applying for Estonian citizenship and those required to pass language examination by the Language Inspectorate. In both cases, the compensation is paid by the Foundation Innove.

Language requirements

The Citizenship ActCitizenship Act requires that an applicant for citizenship has general knowledge of basic Estonian needed in everyday life, which complies at least with the level B1 as specified in the Language ActLanguage Act or is comparable to it (i.e. a beginner level language proficiency certificate issued before 1 July 2008). Results of the examination do not expire.

The levels of language proficiency are established based on the levels defined by the Common European Framework of Reference for Languages compiled by the Council of Europe, the description of which is presented in Appendix 1 to the Language ActAppendix 1 to the Language Act.

Language proficiency levels

Requirements to Estonian language skills of, and use of Estonian language by, public servants, employees and sole proprietors have been established by a respective RegulationRegulation of the Government of the Republic.

The highest (C2) and the lowest (A1) language proficiency levels are not determined by the examination.

Level C (highest level)

In essence, C2 means that Estonian is the mother tongue.

C1 is the highest level that can be established by language examination. C level language skills are required from persons whose service or employment duties are associated with management, co-ordination and legal procedures. For a more specific list, see the Government of the Republic RegulationRegulation.

Level B (average level)

Level B2 means that the person can interact with a degree of fluency and spontaneity with the native speaker of the language. Level B1 (the level required for Estonian citizenship) means that the person can understand the main points of clear standard input on familiar matters regularly encountered at work, school and in leisure time; can produce simple connected text on topics that are familiar or of personal interest.

At least B level language skills are required from persons whose service or employment duties are versatile and may be associated with administration. For a more specific list, see the Government of the Republic RegulationRegulation.

Level A

Level A2 means that the person can understand sentences and frequently used expressions related to areas of most relevant importance, such as personal and family information, shopping, local geography, and employment; can communicate in simple and routine situations requiring simple and direct exchange of information on familiar topics.

Level A1 (the lowest level) means that the person can understand familiar everyday expressions and very basic phrases. At least A level language skills are required from persons whose service or employment duties are of specific nature and precisely defined.

Language examination

The procedure for assessment of Estonian language skills has been established by a Government of the Republic RegulationRegulation. Examination is arranged by Foundation InnoveFoundation Innove; since 1 August 2012, Foundation Innove performs all of the tasks of the former National Examination and Qualification Centre.

The examination consists of four skills tests:

• listening comprehension (listening)

• reading comprehension (reading)

• writing

• speech

Language proficiency is assessed at levels A2, B1, B2, and C1.

The listening and reading comprehension and writing skills are tested in writing, speech skills are tested orally. The oral part of the examination is recorded. Persons who apply for Estonian citizenship and who were born prior to 1 January 1930 are granted exemption from the written part of the examination.

A person whose state of health does not allow taking of the language examination (persons with a visual, speech or hearing disability) may be granted exemption from the examination. In order to apply for exemption from examination or application of special conditions, the person or his or her notarially authorised representative must submit to the Foundation Innove an applicationapplication and a medical certificate.

Visit the Innove home pageInnove home page for a description of the language examination requirements, for educational materials and useful links. The home page also specifies the examination and consultations schedule, allows registration for examination and viewing of the results afterwards (electronic identification of the person is required).

If any amendments are made in the structure of the examination, Innove shall inform the public about this in a national daily newspaper (including one published in Russian) and on its website at least one year before their entry into force.

A person who passes the examination is issued a corresponding electronic certificate.

Persons who have acquired basic, secondary or higher education in the Estonian language are not required to pass the examination.

Examination of knowledge of legislation

Examination of the knowledge of the Constitution of the Republic of Estonia and of the Citizenship Act takes place in the form of a written test covering the following areas:

• the general principles of Estonian public order which are provided for in Chapters I and III of the Constitution of the Republic of Estonia (see brochure № 1)

• the fundamental rights, freedoms and duties of every person which are provided for in Chapter II of the Constitution of the Republic of Estonia (see brochure № 2)

• the competence of the Riigikogu, the President of the Republic, the Government of the Republic and the courts in accordance with the Constitution of the Republic of Estonia (see brochures № 1 and 2)

• the conditions and procedure for acquisition, resumption and loss of Estonian citizenship in accordance with the Citizenship Act (in this brochure)

A handbook dealing with these subjects “On Applying for Estonian CitizenshipOn Applying for Estonian Citizenship” is freely available in the Internet.

In order to apply for citizenship based on a simplified procedure for minors under 15 years of age:

a corresponding application must be submitted to a PBGB service bureauPBGB service bureau. A minor need not pass the examination to be granted citizenship, but permanent stay in Estonia is required.

The following can apply for Estonian citizenship for a minor under 15 years of age:

• the minor’s parents or a single parent who has acquired Estonian citizenship after the minor’s birth, or parents of whom one is an Estonian citizen and the other is not

• a guardian who is an Estonian citizen or a guardianship authority, if the minor’s parents are dead, missing, have restricted active legal capacity, or have been deprived of their parental rights

• the minor’s parents who are applying for Estonian citizenship for themselves at the same time (or one of the parents with the other parent’s agreement, or a single parent)

• the minor’s parents (or single parent) who are stateless person(s) and have legally resided in Estonia for at least five years

In order to apply for Estonian citizenship for a minor, the following documents must be submitted:

• application

• colour photograph 40 × 50 mm

• the parents’ identity documents (and residence permits, in case of persons who are not Estonian citizens)

• if necessary, the minor’s birth certificate

Persons under the age of 18 are exempt from payment of a state fee for the review of an application for Estonian citizenship.

Additional documents:

• if only one of the parents is an Estonian citizen, an agreement bearing the officially certified signatures of the parents must be submitted

• if a single parent submits the application, a document certifying the single parent status must be submitted

• if a guardian submits the application, a document certifying establishment of guardianship must be submitted

• if the minor is a citizen of another state, a document confirming that the minor will be released from his or her current citizenship in connection with the acquisition of Estonian citizenship must be submitted

Acquisition of Estonian citizenship for achievements of special merit

Estonian citizenship can also be granted for achievements of special merit to the Estonian state. These are deemed to be achievements in the areas of science, culture, sports, or in other areas. The Minister of the respective area submits the respective proposal and the decision to grant the citizenship is made by the Government. Estonian citizenship for achievements of special merit may be granted to not more than ten persons per year. Thereby it is ensured that only persons whose achievements are truly extraordinary are granted citizenship.

Resumption of citizenship

Everyone who has lost his or her Estonian citizenship as a minor has the right to its restoration. For this, the application and documents required must be submitted to a PBGB service bureau. A person who wishes to resume Estonian citizenship must be staying in Estonia permanently and be released from his or her previous citizenship or prove that he or she will be released therefrom in connection with his or her resumption of Estonian citizenship.

Release from citizenship

In order to be released from Estonian citizenship, the application and required documents must be submitted to a PBGB service bureau or to a foreign mission of the Republic of Estonia (if the person resides permanently in a foreign state) and the respective state fee paid. On behalf of a minor under 15 years of age or of an adult with restricted active legal capacity, the application must be submitted by his or her parent, guardian or guardianship authority. Minors 15-18 years of age submit their application together with certified agreement of their parent, guardian, or guardianship authority.

If the Government of the Republic has taken the decision on release from Estonian citizenship, the person is notified about this in writing. After the person has returned his or her documents certifying Estonian citizenship, a PBGB service bureau or a foreign mission of the Republic of Estonia (if the person resides permanently in a foreign state) shall issue to the person a statement on release from Estonian citizenship.

Release from Estonian citizenship may be refused to a person if:

• the person would become stateless as a result

• he or she has unperformed obligations before the Estonian state

• he or she is in active service in the Estonian Defence Forces

Deprivation of citizenship

A person is deprived of Estonian citizenship by an order of the Government of the Republic if he or she:

• as an Estonian citizen, enters state public service or military service for a foreign state without permission from the Government of the Republic

• joins the intelligence or security service of a foreign state or foreign organisation which is armed or militarily organised or which engages in military exercises

• forcibly attempts to change the constitutional order of Estonia

• upon acquisition or resumption of Estonian citizenship, submits false information and thereby conceals facts which would have precluded the grant or resumption of Estonian citizenship

• is a citizen of another state but has not been released from Estonian citizenship

No one may be deprived of an Estonian citizenship acquired by birth. No one may be deprived of Estonian citizenship because of his or her beliefs.

ALIENS ACT

Aliens in Estonia

The Aliens ActAliens Act regulates the bases for the entry of aliens into Estonia, their temporary stay, residence and employment in Estonia and their legal liability for violation of obligations provided for in this Act.

If an alien applies for a residence permit, in most cases, he or she must fit under the annual immigration quota, which cannot exceed 0.1 per cent of the permanent population of Estonia. Residence permits included under the quota are issued for employment and enterprise, in case of sufficient legal income and on the basis of a treaty. Exceptions are possible concerning the quota. For example, the following are not included under the quota: persons settling in Estonia for family reasons or for conducting scientific or research activities, as well as citizens of Japan and of the United States of America.

The legal bases for temporary entry to and stay in Estonia for citizens of the member states of the European Union, of the European Economic Area and of the Swiss Confederation are provided for by the Citizen of the European Union ActCitizen of the European Union Act. Such citizens have the right to stay in Estonia based on a valid travel document or identity document for up to three months. Not later than three months after their entry into Estonia, citizens of the European Union are required to register their residence in the population register and to apply for a residence permit card (within one month).

The legal bases for temporary stay, residence and employment in Estonia of persons applying for international protection and of persons who have been granted international protection are provided for in the Act on Granting International Protection to AliensAct on Granting International Protection to Aliens.

Aliens residing in Estonia, i.e. persons who do not have Estonian citizenship, include the following:

• citizens of the European Union, European Economic Area, and Swiss Confederation

• citizens of third countries

• aliens who have been granted international protection (including asylum seekers)

• stateless persons and persons of undetermined citizenship entitled to a citizenship of another state

A citizen of the European Union has the right to stay in Estonia based on a valid travel document or identity document. A family member has the right to stay in Estonia together with a citizen of the European Union who has a legal basis for stay in Estonia if the family member holds a valid travel document and residence permit or visa.

A visa is not required from a family member if:

• a residence permit of a member state of the European Union has been issued to the family member

• the family member is a citizen of the state with which Estonia has entered into a visa-free agreement or in the case of which Estonia has unilaterally foregone the visa requirement

Citizens of the European Union and their family members have the right to reside in Estonia for more than three months if:

• they are engaged in business activity (are employed or operate as a sole proprietor)

• study in an accredited educational institution

• have sufficient financial means to provide for themselves and have health insurance

In order to stay in Estonia for more than three months, the residence in Estonia must be registered. The right of residence of a citizen of the European Union in Estonia may be temporary or permanent.

In order to acquire temporary right of residence, not later than three months after his or her date of entry into Estonia, the citizen of the European Union must register his or her residence at the corresponding local government authority. Temporary right of residence is granted for up to 5 years. More specific information on registration of residence is available from the competent local government authority, home page of the Ministry of the Interiorhome page of the Ministry of the Interior or portal www.eesti.eewww.eesti.ee (as concerns e-Estonia, see brochure № 1).

Registration of residence means entry of its data in the population register. Address of residence data have legal effect at Riigikogu, European Parliament and local government council elections, referendums and opinion polls, upon payment of taxes into the budget of the local government, and upon performance of some public duties.

Within one month after grant of temporary right of residence, the citizen of the European Union is required to personally visit a PBGB service bureau in order to apply for an identity document proving temporary right of residence (residence permit card). A citizen of the European Union who has permanently resided in Estonia for a period of five consecutive years on the basis of a temporary right of residence is entitled to obtain a permanent right of residence.

A family member who is not a citizen of the European Union has the right to stay in Estonia together with a citizen of the EU for up to three months. Within this period, he or she must apply for a temporary right or residence or leave Estonia. A family member who has permanently resided in Estonia for a period of five consecutive years on the basis of a temporary right of residence is entitled to obtain a permanent right of residence.

Citizens of third countries

Aliens who are not citizens of the European Union can reside in Estonia based on a residence permit. A residence permit can be

• temporary (granted for up to 5 years)

• long-term resident’s residence permit

An alien can apply for a temporary residence permit:

• to settle with a spouse

• for employment

• for study in an educational institution located in Estonia

• for enterprise

• to settle with a close relative

• on the basis of a treaty

• in case of substantial public interest

A temporary residence permit may be extended if the basis for the grant of the permit has not changed and the application for extension is reasoned. In order to extend a temporary residence permit, contact a PBGB service bureau.

If an alien holding a residence permit wishes to stay outside Estonia for more than a total of 183 days during a year, he or she is required to register his or her absence from Estonia in a PBGB service bureau.

Long-term resident’s residence permit

A long-term resident’s residence permit may be issued to an alien who is not a citizen of the European Union if:

• he or she has resided in Estonia permanentlyresided in Estonia permanently on the basis of a residence permit for at least last five years before the submission of the application for a residence permit for a long-term resident

• he or she has a valid temporary residence permit

• the information of his or her place of residence has been registered in the Population Register

• he or she has a permanent legal incomepermanent legal income which ensures his or her own subsistence in Estonia

• he or she is deemed to be an insured person for the purposes of the Health Insurance ActHealth Insurance Act or a treaty of the Republic of Estonia

• he or she has met the integration requirement (has the Estonian language proficiency at least at the elementary level – B1 or a corresponding level)

A long-term resident’s residence permit cannot be applied for by an alien who:

• has been issued a temporary residence permit for study

• has been issued a temporary residence permit in case of substantial public interest

• does not comply with the conditions of the issue of a residence permit for a long-term resident provided for in the Aliens Act

The application for a long-term resident’s residence permit must be submitted at least two months before expiry of the validity of the temporary residence permit.

A long-term resident’s residence permit can be applied for in PBGB service bureausPBGB service bureaus. If less than two years have passed since the previous application for a document or residence permit and provision of fingerprints, the residence permit can be applied for by mail. On behalf of a minor under 15 years of age or a person under guardianship, the application must be submitted by his or her legal representative (e.g. parent, guardian, or guardianship authority).

Decision on the issue or refusal to issue of a residence permit

Upon application for a residence permit, the residence permit card is issued to the applicant in person. The issue takes place in the service bureau specified on the application form within 30 days.

In case of minors under 15 years of age and persons under guardianship, the residence permit card is issued to the legal representative.

The decision on the issue or refusal to issue of a long-term resident’s residence permit is taken within three months after the date of application submission, but not later than 10 days before expiry of the temporary residence permit.

If a long-term resident’s permit has been revoked, in certain cases, resumption thereof can be applied for.

Staying in Estonia on the basis of a visa

An alien can stay in Estonia on the basis of a visa. Since Estonia’s accession to the Schengen visa space in 2007, Estonian visas are equal to Schengen visas. An Estonian visa grants access to all Schengen countries. Visas are issued on the basis of visa regulations. The regulations concern short-term stays that do not exceed three months within a six-month period. For further information on applying for a visa, see the home page of the Ministry of Foreign AffairsMinistry of Foreign Affairs.

Stateless persons and persons with undetermined citizenship

A stateless person is a person who is not a citizen of any state and cannot acquire a citizenship by his or her free will alone. Stateless persons are usually under the protection of the state where they live.

Estonia does not consider as stateless persons the citizens of the former Union of Soviet Socialist Republics who reside in Estonia and have not acquired the citizenship of any state, since they can acquire the citizenship of the Russian Federation through registration or apply for Estonian citizenship on the basis of the naturalisation procedure. Until then, such persons are referred to as persons with undetermined citizenship.

Some misdemeanours related to aliens

The following are punishable as misdemeanours:

• provision of housing for an alien staying in Estonia without legal basis or delivery of the alien to the state border

• employment of an alien in Estonia with no legal basis and violation of the conditions of employment of an alien in Estonia

• if an alien stays and/or is employed in Estonia without legal basis or violates the conditions of employment in Estonia

IDENTITY DOCUMENTS

An identity document is a document issued by a state authority in which the name, date of birth or personal identification code, and a photograph or facial image and the signature or image of signature of the holder are entered, unless otherwise provided by law or legislation established on the basis thereof. The issue of identity documents is regulated by the Identity Documents ActIdentity Documents Act, pursuant to which the following documents are issued:

• identity card (ID card)

• digital identity card (digital ID)

• residence permit card (ID card counterpart for aliens)

• Estonian passport

• alien’s passport

• diplomatic passport

• seafarer’s discharge book

• temporary travel document

• travel document for a refugee

• certificate of record of service on ships

• certificate of return

• permit of return

The identity card (ID) is a mandatory identity document held by an Estonian citizen and a citizen of the European Union residing permanently in Estonia. In addition to traditional identification of a person, the identity card can be used for identification purposes in an electronic environment, for digital signing, and as a travel document within the European Union. An identity card comes with an @eesti.ee mail address, which is a convenient option for communicating with the person for state agencies, companies, and any other parties interested. Identity cards are issued with a period of validity of up to five years.

A digital identity card (digital ID) is a counterpart of the identity card’s electronic part. It cannot be used for visual identification of a person, since the user’s photo is not provided on the card. The digital identity card can be used for identification purposes and digital signing in an electronic environment.

Mobile-ID is a counterpart of the digital identity card that enables use of the same e-services as the ID card or digital ID via mobile phone. It can be used for identification purposes and digital signing in an electronic environment.

A residence permit card is a mandatory identity document (a counterpart of the ID card for Estonian citizens) of aliens residing permanently in Estonia based on valid residence permit or a right of residence. In addition to traditional identification of a person, the card can be used for identification purposes in an electronic environment and for digital signing. The residence permit card is not a valid travel document outside Estonia. An alien can use the passport of his or her country of nationality or an alien’s passport issued in Estonia as a travel document. A residence permit card is issued with the period of validity of up to five years.

An Estonian passport is not a mandatory document, but it is required to travel outside the European Union. The passport is issued with the period of validity of up to five years.

An alien’s passport is issued to an alien who holds a valid residence permit or has a right of residence in Estonia if it is proved that the alien does not hold a travel document issued by a foreign state and that it is not possible for him or her to obtain it.

A diplomatic passport is issued to Estonian citizens for the performance of functions in a foreign state. A diplomatic passport is issued with a period of validity of up to five years or until the termination of the holder’s powers.

A seafarer’s discharge book is issued to a seafarer who is an Estonian citizen with the period of validity of up to five years.

A temporary travel document is a travel document issued to an alien staying in Estonia for departure from and return to Estonia. A temporary travel document is issued with a period of validity of up to two years. A travel document for a refugee is issued to an alien who is granted asylum in Estonia or holds a residence permit specified in subsection 38 (1) of the Act on Granting International Protection to AliensAct on Granting International Protection to Aliens. A travel document for a refugee is issued with a period of validity of up to five years and the period of validity may not exceed the period of validity of the residence permit issued to the refugee.

A certificate of return is issued to an Estonian citizen staying in a foreign state whose travel document has become unusable or has been destroyed or lost.

A permit of return may be issued to an alien for return to Estonia if the alien resides in the Republic of Estonia on the basis of a residence permit and his or her alien’s passport, temporary travel document or travel document for a refugee has become unusable, has been destroyed, has expired or has been lost while staying in a foreign state. Certificates and permits are issued free of charge. They are not intended for residence in the country of location or for travelling to a third country, but for immediate return to Estonia.

For samples of documents issued by the Police and Border Guard Board, visit the Board’s home page www.politsei.eewww.politsei.ee.

Electronic identification and digital signing using an identity card, residence permit card or digital ID requires installation of the ID card software in the computer. The software can be downloaded free of charge from http://installer.id.ee/http://installer.id.ee/. For additional information on the identity card, digital ID and mobile ID, visit ID http://www.id.ee/http://www.id.ee/.

Banks and many other establishments also accept driving licences, conscript’s certificate, pension certificate and other documents with photo as identity documents.

An imprisoned person need not hold an identity card, a residence permit card or a travel document issued by the Republic of Estonia.

The following personal data may be entered in a document concerning its holder:

• name

• date and place of birth

• personal identification code

• photo or facial image

• sex

• citizenship

• fingerprint images

• signature or image of signature

• iris images

• hair colour

• other personal data if prescribed by a treaty, law or other legislation of general application established on the basis thereof

The nationality or religion are not entered in a document.

In Estonia, the documents are issued and revoked by the Police and Border Guard Board. In case of persons residing in foreign states, documents are issued by the Ministry of Foreign Affairs via foreign missions.

In case of justified doubt, administrative agencies may seize a document in order to verify its validity. A document held by an alien or a travel document issued by a foreign state may also be seized in order to verify the legality of an alien to stay in the state and to verify the authenticity of a residence permit, work permit or visa entered therein.

The authority seizing a document for verification shall:

• immediately issue a respective certificate to the holder

• explain to the holder of the document his or her rights to contest the seizure of the document for verification

• verify the validity of the document or forward the document for verification of the validity thereof to the authority that issued the document

On applying for a document

The most important identity document is the identity card; applying for the passport and ID card at the same time is more favourable in terms of price. When applying for an identity document for the first time, a PBGB service bureauPBGB service bureau must be visited personally and the documents proving Estonian citizenship submitted in addition to the usual application documents. In the service bureau, an official processes the application; the applicant needs to take a photo of himself or herself using the on-site photo booth, provide fingerprint images and signature sample. In order to ensure faster service, the recommendations provided at the home page of the Police and Border Guard Board http://www.politsei.ee/http://www.politsei.ee/ should be followed.

An Estonian citizen at least 15 years of age to whom a passport or identity card has been issued earlier can also apply for a new identity card by mail or e-mailmail or e-mail. In such a case, visiting the service bureau is only required for receipt of the identity card.

In general, a passport or residence permit card cannot be applied for via mail or e-mail, since the person’s fingerprints need to be entered in these documents, and the fingerprints can only be taken at the service bureaus of the PBGB in foreign missions of the Republic of Estonia.

If a passport is applied for because of changes in personal data, a document confirming the changes must be submitted.

Since the age of 15, identity documents are applied for in person. If necessary, parents of minors (under 18 years of age) can submit the application on the minor’s behalf.

An identity card or passport will be issued to the applicant within 30 days after receipt of the application by the PBGB. A possibility exists for applying expedited issue of a document (identity card and residence permit card within five working days, travel document within two working days), provided that the respective state fee is paid. Documents issued based on the expedited procedure can only be retrieved from the PGBG service bureaus located in Tallinn.

In order to receive an identity document, the person must personally appear before the issuer of the document. Upon the issue of a document, the holder of the document is required to submit a valid document of the same type that was previously issued, which is rendered unusable and returned to the holder, if the latter requests so.

The holder of an identity document is required to notify the PBGB of any change in the data entered in the document within one month after the change (for example, change of name) is effected.

If a document becomes unusable or is lost or destroyed, the holder of the document is required to notify the PGBG about this within three working days.

Upon the death or declaration of death of the holder of a document, the document must be returned to the PBGB.

Personal data

Personal data are any data concerning a specific natural person, regardless of the form or format in which such data exist. Processing of such data is regulated by the Personal Data Protection ActPersonal Data Protection Act. Cases where personal data are processed by natural persons for personal purposes or are only transmitted through the Estonian territory are excluded from the scope of the Act.

Processing of personal data is any act performed with personal data, including the collection, recording, organisation, storage, alteration, disclosure, granting access to personal data, consultation and retrieval, use of personal data, communication, cross-usage, combination, closure, erasure or destruction of personal data or several of the aforementioned operations, regardless of the manner in which the operations are carried out or the means used.

If 30 years have passed since the death of a person, his or her data can be freely processed. After a person’s death, immediate processing of his or her minimal personal data (name, sex, date of birth and death, the fact of death) is allowed without anyone’s consent.

For detailed recommendations regarding the protection of personal data, see the home page of the Data Protection Inspectoratethe home page of the Data Protection Inspectorate.

Sensitive personal data

Some personal data are sensitive. These concern:

• political opinions, religious or philosophical beliefs

• ethnic or racial origin

• state of health or disability

• genetic information

• biometry

• sex life

• trade union membership

• information concerning commission of an offence or falling victim to an offence (before a public court hearing, or making of a decision in the matter of the offence or termination of the court proceeding in the matter)

The legislator requires the processing of sensitive personal data to be registered in the Data Protection Inspectorate. This means that the data processors have to describe certain aspects of their work (composition of data, purpose, security measures implemented, etc.) and they have to receive approval for data processing from the data protection supervision authority.

4. Security and National Defence

POLICE

The Police and Border Guard BoardThe Police and Border Guard Board (PBGB) is the largest state agency in Estonia with over 5,000 police officers and public servants working to ensure security of the people. The Police and Border Guard Board was established in 2010 when the then separately functioning Police Board, the Border Guard Board and the Citizenship and Migration Board were merged. The principal tasks of PBGB are:

• ensuring public order and traffic supervision

• processing of offences and enforcement of punishments

• guarding of the state border and border control

• search and rescue operations at sea and on major lakes

• detection and elimination of marine pollution

• issuing of identity documents

• processing of citizenship and residence permit applications

• protection of the President of the Republic and foreign heads of state during their state visits

• guarding of objects of national importance identified by the Government

Performance of these tasks is organised by four departments of the PBGB:

• Central Criminal Police Department

• Public Order Police Department

• Border Guard Department

• Citizenship and Migration Department

The regional establishments of PBGB are the four prefectures – Estonia is divided into service areas of the North, South, East and West Prefecture. The prefectures supervise the work of the local police and constabulary offices, the border guard stations and the service points of the citizenship and migration bureau – information about their locations and office hours is available on the police home page.

Rights and Obligations of Police

In addition to the Police and Border Guard ActIn addition to the Police and Border Guard Act, the tasks and the rights of the police stem from nearly 200 other various laws (e.g. the Traffic Act and the Alcohol Act). The rights and obligations of the police in conducting offence proceedings are set forth in the Code of Misdemeanour Procedure and the Code of Criminal Procedure. In order to ensure public order, and for combating and prevention of offences the police may inspect documents of persons and stop their vehicles, question and detain them subject to terms and conditions set forth by the law. To ensure a safer living environment it is in the best interest of every person to assist the police in their everyday work. The police are obligated to explain to a person the nature and the reasons of the measures applied to him or her.

The police create security together with all the residents of Estonia. To achieve this they cooperate closely with other state agencies, the private sector, educational and scientific research institutions and NGOs, and involve volunteers in their daily work.

EMERGENCY CALL NUMBERS AND INFORMATION HOTLINES

The free emergency call number 112 is used to contact the Alarm CentreAlarm Centre, which receives accident reports and rescue and ambulance service requests, and dispatches a rescue or an ambulance team to the site. The number is the same for all the Member States of the European Union, and other countries (e.g. Russia, Belarus, and Ukraine). A detailed list of the countrieslist of the countries is available in Wikipedia.

The emergency call number 112 is dialled in the same way both from mobile phones as well as from landlines.

When calling the emergency number 112 describe calmly:

• What has happened. Describe the hazard or the accident that has prompted you to call.

• Where it happened. State the address or give as precise directions as possible.

• Is anyone hurt. State how many people have been hurt, describe their condition.

• State your name and the telephone number from which you are calling. If needed, you will be called back for additional information (to specify the building, the apartment number, the location, etc.).

Answer all questions briefly and exactly and do not end the call before you have been given permission to do so.

NB! All calls to the emergency number are recorded.

110 is the emergency call number only for the police. Call the free emergency number 110 when you need quick assistance from the police, or wish to report a breach of public order, an offence or a traffic accident.

When calling the emergency number:

• describe as quickly and as clearly as possible what has happened, where this happened and who is calling

• stay calm and respond to any additional questions

• memorise and tell the operator any details of persons, vehicles and circumstances connected with the occurrence as accurately as possible

• do not hang up before the operator has permitted you to do so

The emergency call number 110 is dialled in the same way from both mobile phones and landlines.

NB! All calls to the emergency number are recorded.

Transfer to the single emergency call number 112

Estonia is preparing for the transfer to the single emergency call number by the end of 2014. After this term the number 112 will be used to call the police, the rescue service as well as the ambulance service. Further information concerning the transfer is available on the home page of the Rescue Servicehome page of the Rescue Service.

PBGB hotline 612 3000

Work days from 08.00 till 18.00. This hotline can be used to receive information about:

• divisions of PBGB and their operating hours

• application forms and their completion

• location of a removed vehicle

• progress of procedural proceedings

• public contact information of the staff of PBGB

Traffic hotline 14 900

Work days from 07.00 till 19.00. This number serves to receive information about reckless behaviour in traffic endangering other road users. Having received information through the traffic hotline the police will contact the reckless driver by telephone and point his or her attention to the violation, requesting the person to change such behaviour.

Web constable

To provide people a possibility of communicating with the police over the Internet, there are three web constables in Estonia who can be addressed for advice and assistance via social networks or e-mail. The objective of the work of web constables is training children and adults in the area of Internet safety, protection of children in the Internet and prevention of cyberbullying. You may contact a web constable, for instance, if you:

• wish to ask advice from the police

• wish to send a tip to the police

• suspect that someone else is impersonating you in the Internet

• have become a victim of bullying

• wish to report sexual abuse

Contact information of web constables is available on the home page of the PBGBPBGB.

POLICE EDUCATION AND TRAINING, POLICE SERVICE, ASSISTANT POLICE

Police service

A person wishing to enter police service must be a citizen of Estonia with full active legal capacity, who has attained 19 years of age, has at least secondary education, is proficient in Estonian at the prescribed level of language proficiency, and who complies with the health and professional requirements set for police officers.

A person may not enter police service, if that person:

• has ever been punished for an intentionally committed criminal offence

• has ever served a custodial sentence

• is a suspect or accused in criminal proceedings

• has been released from public service due to commission of a disciplinary offence and less than a year has passed from the release from service

• receives a pension, remuneration or other regular compensation from a state which is not a Member State of the European Economic Area or the Swiss Confederation or which does not belong to NATO

• has been punished for an offence which includes the necessary elements of an act of corruption

• has knowingly presented false information in the personal data form or has withheld significant information

Police education and training

In Estonia, police education and training is provided by the Estonian Academy of Security SciencesEstonian Academy of Security Sciences, which offers vocational, higher education and Master’s curricula in the specialties related to internal security. The duration of the studies in the specialty of a police officer is one year at the vocational level, and three years at the higher education level.

Instruction takes place at the facilities of the Police and Border Guard College in Paikuse and Muraste in the Estonian language in the form of day studies. The cadets are provided free meals, accommodation and uniforms, and paid a stipend. Detailed information on the terms of admissions can be found on the home page of the Academy of Security Sciences www.sisekaitse.eewww.sisekaitse.ee.

Assistant police officers

People who wish to contribute to the safety of their communities can participate in the work of the police as volunteers, outside their normal jobs. Every Estonian citizen who has attained 18 years of age, has at least secondary education, is proficient in Estonian at the prescribed level of language proficiency, has not been punished for an intentional criminal offence and, taking into consideration his or her character, moral values and physical and health condition, is capable of performing the duties of an assistant police officer with dignity, may apply for the position of an assistant police officer. The rights and obligations of assistant police officers are laid down by the Assistant Police Officer ActAssistant Police Officer Act and more detailed information about the possibilities for applying to the position of an assistant police officer is available on the home page www.abipolitseinik.eewww.abipolitseinik.ee.

SECURITY POLICE

The principal task of the Internal Security ServiceInternal Security Service is the maintenance of national security. The Internal Security Service has also been assigned the tasks of the police, i.e. they are vested with the right to investigate offences and apply coercive measures.

The tasks of the Security Police include:

• protection of the constitutional order and territorial integrity of the state

• protection of state secrets

• counter-intelligence

• conducting proceedings in criminal matters in cases set forth by the law

• combating corruption

• anti-terrorist activities

• prevention of proliferation of weapons of mass destruction

Information that could be of interest for the Security Police may be communicated by calling the 24/7 telephone number 6 121 455 or using the e-mail address: kapo@kapo.ee.

MUNICIPAL POLICE

The Local Government Organisation ActThe Local Government Organisation Act allows a local government to form a law enforcement unit of a rural municipality or a city (i.e. a municipal police), or appoint an official who engages in law enforcement, whose function is to participate in ensuring the public order and to exercise supervision over compliance with the rules.

Compared to the state police, municipal police officers are vested with fewer rights.

Tallinn Municipal Police DepartmentTallinn Municipal Police Department

In addition to the state police, the City of Tallinn has also formed a law enforcement unit of the local government, i.e. the municipal police, who participate in ensuring the public order, exercise supervision over the rules adopted by the City Government, carry out traffic control in cases of temporary traffic disruptions and perform the tasks of an internal guard unit on the administrative territory of the City of Tallinn.

A cooperation agreement has been concluded between the Municipal Police and the North Prefecture. This agreement serves as the basis for regulating situations, which do not fall directly within the scope of competence of the municipal police, but require resolving within the administrative area of the city.

Municipal Police are involved in international cooperation through the European Municipal Police Association and the municipal police collaboration framework of the Union of the Baltic Cities (UBC).

The tasks of the department further include:

• conducting proceedings in matters of misdemeanour in the case of violation of the rules adopted by the City Council

• exercising supervision over the compliance with the laws and conducting proceedings in matters of misdemeanour subject to the authorisation of the City Government

• guarding of property owned or possessed by the city

• ensuring public order in agencies of the city and public events

• keeping the register of misdemeanour matters and other registers and databases necessary for the performance of their tasks

• drafting of the legislation of Tallinn concerning issues falling within the competence of the department

• carrying out work to prevent misdemeanours within their scope of competence

• communicating information to agencies of the city concerning the need to apply administrative coercion

• performing other tasks assigned to them by legislative acts passed by the City of Tallinn

The duty officer of the Tallinn Municipal Police Department can be contacted around the clock by calling the phone number 14 410; alternatively you can contact the officer by e-mail: valijuht@tallinnlv.ee.

NEIGHBOURHOOD WATCH

This is a supervisory and support network formed by neighbouring households helping people to protect themselves and their property and to reduce the threat of crime. Neighbourhood watch is based on close cooperation and exchange of information between residents, the police and representatives of the local government. You can contact the Estonian Neighbourhood Watch NGOEstonian Neighbourhood Watch NGO to get instructions about organising a neighbourhood watch.

The benefits of neighbourhood watch are:

• an improved sense of security of residents in and around their homes

• an attentive attitude towards the surrounding environment

• promotion of unity and sense of ownership within the neighbourhood

• a tidier and more pleasant environment

RESCUE BOARD

The Rescue Board is a government agency under the jurisdiction of the Ministry of the Interior. The Board develops and maintains a safe living environment in Estonia, and prevents threats and provides operative and professional assistance to people in emergencies. With more than 2,300 employees, the Rescue Board is the second largest public sector institution in Estonia.

The work organisation of the Rescue BoardRescue Board is regulated by the Rescue ActRescue Act, various regulations of the Government of the Republic and the Minister of the Interior as well as directives of the Director General of the Rescue Board.

The rescue-related activities of rescue institutions are divided into five main areas:

• Preventive work

• Rescue work

• Fire safety supervision

• Crisis management

• Explosive ordnance disposal

With preventive work, the Rescue Board helps prevent and alleviate damage caused by accidents. A modern approach to preventative work is no longer aimed solely at preventing negative consequences, but also at promoting positive behaviour patterns.

The objective of rescue work is to protect people’s life and property and the environment on land and on inland water bodies. Professional and volunteer rescue brigades located all over Estonia ensure round-the-clock responses to rescue events.

Fire safety supervision primarily includes supervision over the fulfilment of fire safety requirements as well as the detection and handling of causes of fires and violations of fire safety requirements.

Crisis management means preventing, preparing for and responding to emergency situations as well as alleviating the consequences and performing restoration work.

Explosive ordnance disposal is the task of the Explosive Ordnance Disposal Centre of the Rescue Board. The employees of the Centre’s four regional bomb squads respond to all explosives-related calls round-the-clock. The Centre also has the capabilities necessary for responding to incidents related to chemical, biological, radiation and nuclear threats.

In addition to professional rescue workers there are also volunteer rescuers in Estonia. A volunteer rescuer is a person who voluntarily participates in rescue or preventive activities. Subject to an agreement with the employer, one can carry out these activities during work hours.

A volunteer rescuer has to be at least 18 years old, in good health, prepared for teamwork and for work in high-stress situations. If you wish to become a volunteer rescuer, please contact the volunteers coordinator of the Rescue Boardvolunteers coordinator of the Rescue Board.

Besides the main areas, support areas also play a very important role in the work of the Rescue Board. The support areas are vital for the functioning of the Rescue Board and provide everyday support in the areas of personnel, law, finance, administration, development, communication and external relations.

Fire safety

Constructional fire safety requirements have been established by the Government of the Republic Regulation № 315 of 27 October 2004 (Fire safety requirements for construction works and parts thereofFire safety requirements for construction works and parts thereof).

About three homes catch fire in Estonia every day. The most common causes of fires are:

• Smoking indoors (causing most of the deaths by fire)

• Unmaintained or broken heating chambers

• Obsolete or faulty electrical systems

• Careless use of open fire

• Leaving food unattended while cooking

As of 2009 every home must have a smoke detector. An autonomous smoke detector must be installed in at least one room of every residential building or apartment.

Fire safety in companies is governed by a number of different laws, standards and regulations. Most of them can be found in the Fire Safety ActFire Safety Act and the related regulations of the Minister of the Interior.

Safety at sea

Before going out to sea and at sea:

• monitor weather reports

• make sure that the craft and the navigation equipment are in good technical condition

• check whether the fuel quantity on board is sufficient, if necessary, carry some reserve fuel

• make sure that you have necessary rescue gear, that it is in proper condition and complies with the set requirements

• notify people close to you where you go and how long you intend to stay out

• familiarise yourself with the rules effective at sea

• assess your capabilities – are you experienced enough to take the trip

• be sober

• take means of communication with you

• carry necessary documents

• wear a life jacket

• observe good seamanship

For further information read:

• Maritime Safety ActMaritime Safety Act

• Requirements for the equipment of recreational craft, classes of recreational craft on the basis of construction, and safety requirements for recreational craft used for organising recreational voyages for a feeRequirements for the equipment of recreational craft, classes of recreational craft on the basis of construction, and safety requirements for recreational craft used for organising recreational voyages for a fee

• Maritime AdministrationMaritime Administration

• NGO Estonian Maritime Rescue OrganizationNGO Estonian Maritime Rescue Organization

Water safety

Around the year, the main causes of water accidents are:

• going into water under the influence of alcohol

• poor swimming skills

• overestimating one’s abilities

• health disorders

• unattended children

• failure to use a life jacket in water craft

Never go swimming under the influence of alcohol and do not permit your friends to do so. Never go on thin ice in winter.

Rescue Service information line 1524

The Rescue Service information line was opened in 2007 for communicating 24-hour rescue-related information to residents and for forwarding information on to Emergency Response Centre services.

Call 1524 if:

• You need advice on how to improve security in your home

• You need to find out the contact details and reception hours of rescue officers

• You would like to know where and under which conditions you are allowed to make an open fire

• You would like information about the automatic fire alarm system

• You would like additional information about the prevention campaigns organised by the Rescue Board

• As a user of the SMS-112 service, you would like information about forwarding emergency messages via mobile text messages

• You would like information about organising fire exercises

• You have other questions concerning rescue services.

ROAD TRAFFIC SAFETY

The key precondition of road traffic safety is the commendable road traffic culture of responsible, polite and friendly road users.

The tasks of the state and the local governments in ensuring road traffic safety include:

• road maintenance

• road traffic management and supervision

• road traffic safety programmes

• traffic education for children

To ensure road traffic safety one must observe the rules set forth in the traffic code (official title: the Traffic ActTraffic Act).

Supervision over the vehicular and pedestrian traffic is carried out by the police. At state borders motor vehicles, their trailers and drivers are inspected by border guard and customs officials.

Ensuring the security of road users and road traffic safety are organised by the Ministry of Economic Affairs and Communications.

Common road traffic requirements

Generally the speed limit applied in Estonia is:

• 50 km/h in settlements

• 90 km/h outside of settlements

Vehicles must have valid traffic insurance policies and they have to have undergone technical inspection. It is not mandatory to carry a driving license issued in Estonia if the driver holds an identity document.

In Estonia the headlights of a motor vehicle must be switched on at all times.

The use of studded tyres is permitted from 15 October until 31 March; friction tyres may be used all year round.

The use of winter tyres is obligatory from 1 December until 1 March. Depending on weather conditions exceptions can be made.

A vehicle may not be driven in the state of alcohol intoxication. The content of alcohol in one gram of blood of a driver shall not be 0.20 milligrams or more or 0.10 milligrams or more in one litre of breath.

In order to drive a vehicle the driver must have the right to drive the respective vehicle (a driving license and an effective medical certificate). Generally, a person must be of 18 years of age to drive a normal car. Driving licenses are issued by the regional offices of the Road Administration (formerly Motor Vehicle Registration Centre, abbreviation ARK). In order to be granted the driving privilege one has to take a training course for driving a power-driven vehicletraining course for driving a power-driven vehicle, and to pass a theory test and a driving test. The new driving licenses issued in Estonia comply with international requirements and are also valid outside Estonia. Accordingly, driving licenses issued abroad, provided that they comply with the international requirements, are valid in Estonia.

In order to ride a bicycle on a carriageway a person must be of 10 years of age or older. Cyclists from 10 to 15 years of age shall hold a respective driving licence.

For further details, please see the Traffic ActTraffic Act and the home page of the Estonian Road Administrationhome page of the Estonian Road Administration.

Traffic accident

A traffic accident is an event in which an individual is injured or killed or proprietary damage is caused as a result of at least one vehicle moving on or leaving a road.

If a traffic accident has occurred and there are casualties, or if you cannot ensure the subsequent safety of road users or the environment yourself, please call the emergency number 112. Having called for help, give first aid to the injured. When giving first aid act in accordance with the instructions of the Rescue Service. When formalising the traffic accident and establishing its circumstances, be civil and try to remain calm.

The Rescue Service must also be notified in the event of collision with a large animal (a wolf, a bear, a lynx, a boar, a red deer, an elk, a roe).

The police should be notified (telephone 110) if the traffic accident has resulted in casualties or if the driver(s) involved in the accident and the injured party (parties) do not agree on matters of responsibility. Act in accordance with the instructions of the police.

Notification of insurance providers

The insurance provider must be notified of the traffic accident. It is advisable to use the form “Notice of Traffic Accident”form “Notice of Traffic Accident” to record a traffic accident. A similar form is used across the entire Europe. These forms are available from insurance providers or petrol stations. Keep a copy of the form in your vehicle, just in case. If the traffic accident involves more than two participants fill in several copies of the same form.

NB! It is always advisable to record possible witnesses (their names and contact information).

INSURANCE

Insurance does not undo the accident, but offers a possibility to mitigate its consequences. Think about likely events that could affect your own economic standing or that of people close to you. Pay particular attention to accidents, which are rare but could cause considerable damages. Analyse the objects that would reasonably require insurance coverage, identify the potential hazards and establish the reasonable insurance conditions.

Voluntary insurance means insurance that is not required by the law. The basis for such insurance is one’s personal interest to protect oneself against unfavourable consequences of unforeseen events. Voluntary insurance include, for example, home, vehicle and accidence insurance. At the same time, when carrying out certain transactions (e.g. leasing a car or taking out a home loan) banks can demand that an insurance contract be concluded for their benefit.

In the case of compulsory insurance conclusion of the insurance contract is prescribed by the law. The most common of such insurance coverage is the motor third party liability insurance, which stems from the Motor Third Party Liability Insurance ActMotor Third Party Liability Insurance Act.

Mandatory insurance means insurance where a person has the obligation as provided by law, to pay an insurance premium or tax, and the corresponding obligation to compensate is imposed on the state or on another person. An example of mandatory insurance is the medical insurance financed on the account of the social tax funds.

E-SECURITY

In the same way as it is ill advised to leave your bank cards lying about or disclose the PIN codes of your bank cards to strangers, you should also take certain measures when using your computer and the Internet:

• keep your passwords to yourself

• do not leave your ID card next to a public computer

• having used a public computer make sure that the browser has deleted the history of web pages you visited

• never allow a browser on a public computer to remember your password

• do not download unknown programs to your computer

• do not open or save e-mails, attachments or links sent by an unknown sender

• use anti-virus and firewall software in your computer

• if your account has been used illegally, it may be insufficient to just change your password to protect the account – make sure that you check your computer for viruses, it is also advisable to change the password

• do not use the names of your relatives, friends and pets, or your date of birth, your home address, etc. as your passwords

• if you use your computer mainly for communicating with others, for reading e-mails, etc. divide the hard drive of your computer, if possible, into two sections. Leave one section of the hard drive for installing systems and new software (e.g. administrator account) and use the other one for everyday use (e.g. user account). Block installation of new programs by the user account

• carry out regular maintenance of your computer

NATIONAL DEFENCE

National defence

The goal of Estonian security policy is to ensure Estonia’s independence and sovereignty, territorial integrity, constitutional order and public safety, and includes activities in areas which could affect the sustainability of the state and the people.

Estonia’s defence policy rests on credible deterrence, which should serve to convince every party posing a threat to our security that the harm stemming from any aggression against Estonia outweighs any possible benefits.

One of the core principles of Estonia’s defence policy is the integrated approach to national defence according to which the pooled efforts of the entire state will be implemented to ensure Estonia’s security in the event of a military threat. National defence has a scope that extends beyond military defence, inasmuch as it also involves international activities, civil sector support to military national defence, psychological defence, ensuring domestic security, and the consistence of vital services – regardless of the threat scenario.

Defence ForcesDefence Forces

The principal function of the Defence Forces is to ensure readiness to defend the nation by military action. The Defence Forces plan and conduct operations by involving units from all the armed services.

During peacetime, the function of the Defence Forces is the surveillance and control of airspace and territorial waters; ensuring continuous defence readiness; training conscripts and preparing reservists; preparing units and participating in international operations; and assisting civil authorities in tackling the consequences of catastrophes caused by natural disasters or human activity.

In the event of a crisis and during wartime, the functions of the Defence Forces are ensuring control over the national territory; employing defence capability to prevent aggression; should that fail, defending national integrity and sovereignty with all available military resources; controlling national airspace and ensuring the air defence of strategic sites; controlling submarine communications; and defending points of access to harbours and potential landing zones.

Commanding the Defence Forces

The Defence Forces are commanded, in peacetime, by the Commander of the Defence Forces, who is subordinate to the Minister of Defence. The Commander of the Defence Forces is responsible for the defence forces’ readiness to fulfil the functions of the defence forces. The working body of the Commander of the Defence Forces is the General Staff of the Defence Forces, which fulfils functions such as strategic planning, development of documents, and planning cooperation between different services.

The Defence Forces are divided into services and units with a central command. Estonia has three different services:

• the army

• the navy

• the air forces

Each service has a commander, who is immediately subordinate to the Commander of the Defence Forces. Furthermore, a voluntary national defence organisation, the Defence League, is also subordinate to the Commander of the Defence Forces.

Active service

Active service is a specific type of public service, where a person liable to national defence obligation serves in a position of military rank in the Defence Forces or the Defence League.

A citizen of Estonia may be employed in active service, if:

• he or she is of 18 to 60 years of age

• he or she has the required qualification, education and military training

• he or she is proficient in Estonian at the required level

• his or her physical condition enables him or her to perform his or her duties

Conscript service

(Military Service ActsMilitary Service Acts).

The national defence obligation is the obligation of Estonian citizens to participate in national defence. A person who is under obligation to serve in the Defence Forces is a person liable to national defence obligation. Women may assume a national defence obligation voluntarily and may commence the performance of her conscript service.

The persons liable to national defence obligation are divided into:

• call-up selectees

• males of the age of 18 to 60

• persons of 18 or more years of age assuming the national defence obligation

Performance of the mandatory duty to serve in the Defence Forces means the obligation of the person liable to national defence obligation to participate in the conscript service and the reserve service in the Defence Forces during a certain period of time. Persons liable to mandatory duty to serve in the Defence Forces are:

• conscripts

• reservists

Registration as call-up selectees

Using the data from the population register and other state databases the Defence Resources AgencyDefence Resources Agency enters a call-up selectee into the national defence obligation register when the person attains 17 years of age, and delivers a written notice thereof to the person’s residential address recorded in the population register, or publishes the notice in the official publication Ametlikud Teadaanded.

All call-up selectees, regardless of their place of residence, education or state of health are subject to registration.

Medical committees

The compliance of the state of health of a person liable to national defence obligation with the health requirements set to persons liable to national defence obligation is assessed by the medical committee of the Defence Resources Agency. These tests, analyses and examinations are free for call-up selectees and reservists.

A call-up selectee or a reservist must appear before the medical committee at the designated time and place. The Defence Resources Agency will notify the person thereof in writing. When appearing before the medical committee the person shall present the following documents:

• an identity document (ID card or passport)

• a standard medical certificate issued by a family physician

After having received the invitation it is advisable to contact the family physician in good time to obtain the required certificate. The certificate is issued free of charge for the call-up selectee; reservists have to pay for the certificate themselves.

If a call-up selectee or a reservist fails to appear before the medical committee, fails to present the required documents or to undergo additional examinations or determination of professional suitability, the person shall be issued a precept; alternatively misdemeanour proceedings shall be initiated against that person. Failure to comply with the precept shall result in imposing a penalty payment in the amount of up to 640 EUR. If misdemeanour proceedings are initiated the penalty amount can reach up to 800 EUR. The person can also be punished by up to 20 days detention.

Call-up for conscript service

Call-up selectees between the age of 18 and 27 (inclusive), whose state of health complies with the health requirements established for persons liable to mandatory duty to serve in the Defence Forces and who are not eligible for postponement of the call to service or for release from conscript service, are called up for conscript service.

Call-up selectees are notified of the date, the time and the point of assembly in writing. The call-up selectee shall receive a respective certificate to be presented to the employer or the educational institution. There are no good reasons for failure to report to the point of assembly at the designated time. Late arrival is equivalent to failure to report. Misdemeanour proceedings shall be initiated in respect of any persons failing to report. If you have lost your documents please contact the Defence Resources Agency, who shall issue new documents.

The job or position and the student place of the call-up selectee shall be retained for the period of the conscript service. The employer of a call-up selectee may not terminate the employment relations with the person by reason of the conscript service.

The conscripts are covered by health insurance. A child of a conscript is paid a conscript’s child allowance.

If the conscript has loan obligations before banks and he or she wishes to apply for a period of grace, the conscript needs to contact the bank before entering into the conscript service.

Ordered reminders

A person liable to national defence obligation can order reminders:

• for appearing before the medical committee

• for entry into the conscript service

• for entry into the alternative service

The reminder is sent by an SMS and/or an e-mail three days before the event. The service is free. To order this service the person has to activate the official e-mail address: givenname.surname@eesti.ee. The fact that the ordered notice was not received does not release the person from the obligation to appear before the medical committee, report to the conscript service or the alternative service.

Exclusion from call-up for conscript service

Exclusion from call-up for conscript service is applied to call-up selectees:

• whose state of health, as determined by the medical committee, does not comply with the health requirements established for persons liable to mandatory duty to serve in the Defence Forces

• who have not completed at least the 2nd stage of study in the meaning of the Basic Schools and Upper Secondary Schools Act

• who is a suspect or an accused in a criminal matter, until termination of the criminal proceedings

• who is serving a custodial sentence

• in cases prescribed by foreign treaties

• who has started higher education studies to obtain the qualification of a physician or a nurse

If these circumstances lapse the call-up selectee is called to the conscript service.

Release from entry into the conscript service

Persons shall be released from the conscript service, if:

• the person has entered into the alternative service

• the person has attained the age of 28 years

• the person has been convicted for an offence referred to in Chapters 8, 9, 13, 15, 18 or 22 of the Penal Code, is serving a custodial sentence, and his data have not been deleted from the punishment register in accordance with the Punishment Register Act

• the data contained in the population register show that the person has been residing in a foreign state for a period of at least seven years before his or her entry in the national defence obligation register; or the person was born and has been residing in a foreign state immediately prior to his or her entry in the national defence obligation register, and has not submitted a written application for entering into the conscript service or the alternative service within a period of five years following the entry of his or her data in the register

• the person has completed the mandatory military service in the armed forces of a foreign state or has served as a military service person in the armed forces of a foreign state for a period of at least 12 months, or has completed alternative service in a foreign state

• the person has been entered in the national register of health care professionals as a physician or a nurse and is working in the respective speciality, and has completed the respective training of the Defence Forces

• the person has been appointed a judge and the Council for the Administration of Courts has submitted a proposal to release him or her from the conscript service

Alternative service

A person who refuses to serve in the Defence Forces for religious or moral reasons is required to perform alternative service.

The place of service of a person in alternative service can be an agency engaged in rescue work, providing social services or an educational institution providing education for a child with special needs.

The duration of alternative service is 12 months. The person in alternative service is covered by health insurance. The job or position and the student place of a person in alternative service shall be retained for the period of the alternative service. The person in alternative service is not provided free accommodation or meals.

A person who has completed alternative service is assigned to the reserve with all the ensuing rights and obligations.

Benefits of conscripts and persons in alternative service

Conscripts are paid monthly allowance in accordance with their rank and the duration of service. Persons in alternative service are paid monthly allowance in the amount equalling the minimum monthly wage established by the Government of the Republic.

If you have additional questions about payment of benefits you are welcome to call the Defence Resources Agency at 717 0748 or send an e-mail to raamatupidamine@kra.ee.

Defence LeagueDefence League

The Defence League is a voluntary militarily organised national defence organisation operating in the area of government of the Ministry of Defence, possessing arms and engaging in military exercises, is a part of the Defence Forces, and fulfilling the tasks entrusted to it by the National Defence League ActNational Defence League Act and the legislation passed thereunder.

The National Defence League is a legal person governed by public law, outside of any political party. Its task is to promote the nation’s readiness to defend the independence of Estonia and its constitutional order.

The StatutesStatutes and the rules of procedure of the National Defence League regulate the League’s internal organisation, interrelations with the codes of conduct of the Defence Forces, the rules of conduct and the internal rules of procedure. The Statutes and the rules of procedure are approved by the Government of the Republic.

The National Defence League has 13,000 members. The special organisations of the League are Women’s Home Defence, Young Eagles and Home Daughters. With these organisations there are over 21,000 volunteers involved in the activities of the National Defence League.

NATO

Being a Member State of the North Atlantic Treaty Organisation (NATO) (since 2004) Estonia’s security is ensured by the principle of collective defence, which means that any aggression against one member state is deemed an aggression against the entire alliance.

The activities of NATO are based on the treaty establishing NATO, which lays down at the general level the rights and obligations of the member states within NATO.

North Atlantic Council

The supreme power in NATO is vested in the North Atlantic Council that comprises representatives of all the member states. The council formulates NATO policies and directs the activities of the entire alliance. The council convenes regularly at the level of ambassadors, less frequently at the level of the Heads of States, and generally three times a year at the level of the Ministers of Defence.

Principle of consensus

NATO applies the principle of consensus at every level of command. This means that no decision can be adopted unless all the member states agree. Therefore, even the smallest allies have the opportunity of making their voice heard and can take an active part in devising the strategic and routine policies of the alliance.

Estonia in NATO

NATO is the most powerful military alliance in the world that taps into the military and political power of all its member states in order to defend its territory. Through its might NATO, being a military organisation, secures peace for its member states. NATO has devised plans to defend all its member states, and their implementation is being regularly practised in training exercises.

Estonia is not just a consumer of security, but is also engaged in its provision. NATO membership means being ready to assist our allies, and contributing into preservation of security across the world. Therefore, the Estonian Defence Forces must be prepared to participate in military operations outside our national borders, provided that the people have given their mandate for such participation. Moreover, Estonia is a contributor to international cyber security, as Estonia is the host country of NATO’s Cooperative Cyber Defence Centre of Excellence, which develops NATO’s capabilities in the field of cyber defence.

Estonia has participated in NATO response force since 2005. Read more about them on the NATO home pageNATO home page.

5. Health Care and Social Field

An acknowledged principle in modern society says that a country shall secure social security for its citizens, which offers confidence in the future and the opportunity to live all one’s life in accordance with human dignity. The measures of social security are divided into social security and welfare.

Social security is a guarantee granted by the state in case of realisation of certain social risks (death, loss of a provider, old age, professional incapacity, or birth of a child) with which additional income or continuity of sources of income is secured at least at the level that enables life acceptable with regard to human dignity. Social security is financed out of compulsory taxes or payments as well as voluntary payments.

Welfare is a system of benefits and services the objective of which is to alleviate poverty and social exclusion, secure various liberties to people and create better opportunities for them.

Ministry of Social Affairs

In Estonia, the health care and social field are administered by the Ministry of Social AffairsMinistry of Social Affairs and its sub-offices. The budget of the Ministry of Social Affairs makes up the largest share of the state budget.

The Ministry of Social Affairs itself offers the following public services:

• registers providers of labour market services, temporary work agencies, and companies involved in occupational health and safety training

• maintains a database of collective agreements

The most important sub-offices associated with the Ministry of Social Affairs are:

• Estonian National Social Insurance Board

• Health Insurance Fund

• State Agency of Medicines

• Health Board

• Labour Inspectorate

• AS Hoolekandeteenused

• Gender Equality Department and the Gender Equality and Equal Treatment Commissioner

ESTONIAN NATIONAL SOCIAL INSURANCE BOARD

The Social Insurance BoardThe Social Insurance Board (commonly known as Pension Board) pays various state pensions: old-age pension (incl. under favourable conditions), pension for incapacity for work, survivor’s pension, national pension, superannuated pension, special pensions and benefits.

The Board’s role in the society is to:

• provide individuals with statutory pensions, allowances and benefits

• establish and pay maintenance allowance, and collect maintenance support claims transferred to the state

• partially write off the unpaid part of study loans guaranteed by the state

• establish the degree of disability and the additional expenses arising from the disability

• establish permanent incapacity for work

• ensure and finance the provisions of rehabilitation and special care services

• provide victim support and conciliation services

In order to apply for a pension, the person is required to contact the local customer service bureau of the Social Insurance Board (also known as the Pension Board). The information line of the Social Insurance Board is 16 106. When calling from abroad, dial +372 612 1360. The Board’s e-mail address is ska@ensib.ee.

PENSIONS

State pensions

State pensions are paid to permanent residents of Estonia and aliens residing in Estonia on the basis of temporary residence permits or temporary right of residence. The Estonian pension system is divided between three so-called pillars:

1st pillar: state pension

2nd pillar: mandatory funded pension

3rd pillar: supplementary funded pension

State pensions are:

• old-age pensionold-age pension, including:

• early-retirement pension

• deferred old-age pension

• old-age pension under favourable conditions

• national pensionnational pension

• pension for incapacity for workpension for incapacity for work

• survivor’s pensionsurvivor’s pension

• superannuated pensionsuperannuated pension

• special pensionspecial pension

Old-age pensionOld-age pension

Persons who have attained 63 years of age and whose pension qualifying period earned in Estonia is at least 15 years have the right to receive old-age pension. Currently, women are entitled to receive old-age pension a little earlier, but by 2016, the pensionable age of men and women will be made equal. By 2026, the retirement age will be increased to 65 years.

National pensionNational pension

In case of the national pension, the age-related conditions are the same as in the case of old-age pension. National pension can be applied for by persons who have not earned a pension qualifying period required, but have lived in Estonia legally for at least five years before applying for the pension.

Pension for incapacity for workPension for incapacity for work

Persons of at least 16 years of age who are declared permanently incapacitated for work (40 to 100 per cent loss of the capacity for work) and who have earned the required pension qualifying period in Estonia (the length of which is associated with the person’s age) can apply for the pension for incapacity for work. If the reason for the permanent incapacity for work is a work injury or occupational disease, the pension for incapacity for work is granted with no requirement for length of service. For the persons declared permanently incapacitated for work, the pension for incapacity for work is granted for the entire period of incapacity for work but not for longer than until attaining pensionable age. In order to apply for a pension for incapacity for work, the person is required to contact the local customer service office of the Social Insurance Board.

Survivor’s pensionSurvivor’s pension

Upon the death of a provider, family members who were maintained by him or her have the right to receive a survivor’s pension. A survivor’s pension shall be granted to the children, parents and the widow or widower irrespective of whether they were maintained by the provider or not. If the provider died because of a work injury or occupational disease, the survivor’s pension is granted with no requirement for length of service. The amount of the survivor’s pension depends on the number of family members.

Superannuated pensionSuperannuated pension

Superannuated pensions are granted based on the Superannuated Pensions Act to employees and specialists who work in professions which involve loss or reduction of professional capacity for work before attaining the pensionable age which hinders continued work in such professions or positions.

The following have the right to receive a superannuated pension, provided their pension qualifying period earned in Estonia complies with the length of service which grants the right to receive a superannuated pension (at least 15 years): police officers, rescue service employees, prison officers, miners, pilots, etc. Superannuated pensions are granted for life.

Special pensionsSpecial pensions

Special pensions are paid through the Social Insurance Board to police officers, prosecutors, judges, officials of the State Audit Office, Chancellors of Justice, servicemen, rescue service employees and public service officials.

Calculation of state pensions

State pension is established and recalculated every year, proceeding from the State Pension Insurance ActState Pension Insurance Act. Most generally, it can be said that the state pension amount depends on the social tax paid during one’s life and the ratio of people employed/retired. Employers pay 33 per cent of the employees’ salary for social tax; the proportion of social tax transferred into the state pension insurance funds is 20 per cent and the proportion of social tax transferred into the state health insurance funds is 13 per cent.

Tax-free state pension income (as at May 2013) is 2,304 EUR per year – i.e. 192 EUR per month. The share of pension exceeding 192 EUR per month is taxable income. Additionally, working and non-working pensioners alike have the right to general tax-free income, which amounts to 1,728 EUR per year (144 EUR per month). Therefore, a pensioner is entitled to monthly tax-free income up to 336 EUR.

For further information on state pensions (i.e. the 1st pillar), visit the home page of the Estonian National Social Insurance Board www.ensib.eewww.ensib.ee.

Mandatory funded pensionMandatory funded pension or 2nd pillar

Subscription to the funded pension is mandatory for persons born in 1983 or later. For older persons, subscription to the funded pension is voluntary, but a person who has once subscribed will never be able to give up the funded pension. The mandatory funded pension payment amounts to two per cent of the gross salary. The state adds four per cent to this. Since 1 January 2013, the state makes additional contributions to mandatory pension fund to parents raising a child of up to three years of age. Contributions to the mandatory pension fund are subject to income tax incentive.

Persons subscripted to the mandatory funded pension are eligible for pension payments after having reached the pensionable age. A person can retire and receive both mandatory funded pension and state old-age pension payments or postpone withdrawal of one of the pensions. Mandatory funded pension payment options will depend on the value of the pension units acquired after entry into the pension contract as compared to the national pension rate – in other words, the person cannot decide this entirely on his or her own.

Three options are possible: to conclude a contract for receiving monthly payments until the person’s death, to receive all of the money collected as a single payment, or to receive monthly payments until all of the money has been paid out. Income tax is deducted from the payments. Mandatory funded pension units can be inherited. For information on funded pension payments, visit the Pension Centre home pagePension Centre home page.

Supplementary funded pension or 3rd pillar

Subscription to a voluntary pension fund means that a securities account needs to be opened in a bank or fund and payments made to the account. One can determine the amount of contributions, increase or decrease the amount according to his or her needs, suspend contributions, and take out part of the money before retirement (after attaining 55 years of age or in the event of total and permanent incapacity for work). Contributions to the voluntary pension fund are subject to income tax incentive.

Income tax is deducted from payments. Supplementary funded pension units can also be inherited.

For information on supplementary funded pension, visit the Pension Centre home pagePension Centre home page.

Pensions based on international agreements

A pension earned in Estonia will also be paid if the pensioner settles in another European Union member state or state with which a respective agreement has been concluded.

Estonia has entered into social security agreements with the following states: Lithuania, Latvia, Moldova, Finland, Sweden, Ukraine, the Netherlands, Canada, and the Russian Federation. The agreements specify the procedure for making payments to pensioners who have moved or move after entry into force of the agreement from Estonia to a counterparty, or vice versa.

BENEFITS

Family benefits

State family benefits are paid by the Social Insurance Board to permanent residents of Estonia and aliens residing in Estonia on legal basis. State family benefitsState family benefits (as at May 2013) are as follows:

• childbirth allowance

• adoption allowance

• child allowance is a monthly allowance paid from the birth of child until he or she attains 16 years of age. If the child goes to school, the allowance is paid until the end of the school year when the child attains 19 years of age.

• child care allowance is a monthly allowance paid to a person who raises a child of up to 3 years of age and is not eligible for parental benefit or for maternity benefit or adoption benefit pursuant to the Health Insurance Act

• single parent’s child allowance is a monthly allowance paid if the father of the child is unknown or if one of the parents has been declared to be a fugitive

• conscript’s child allowance

• foster care allowance

• start in independent life allowance is a single benefit paid to a person who has grown as a child in a social welfare institution, has been given to custody or in reference to whom has been signed a foster care contract, when he or she starts independent life

• allowance for families with seven or more children

In order to apply for family benefits, contact a customer service bureau of the Social Insurance BoardSocial Insurance Board and submit the documents required. When applying for benefits, original documents must be submitted. Applications for family benefitsApplications for family benefits can also be submitted electronically over the state portal www.eesti.eewww.eesti.ee.

A benefit is granted from the date on which the respective right arises if the documents necessary for application for the benefit are submitted within six months. Upon a later application for a benefit, the benefit is granted retroactively, but for not more than the six calendar months preceding the submission of the application.

The application forms are available from a customer service bureau of the Social Insurance Board or from the Board’s home page under FormsForms.

Recipients of family benefits are required to notify a customer service bureau of the Social Insurance Board of any circumstances that could affect the grant of family benefits or the amount of benefits within ten working days. If circumstances affecting the grant of family benefits have not been notified, or if it becomes evident that false information has been knowingly submitted, the amounts of family benefits that have been overpaid are reclaimed or set off.

The Social Insurance Board should definitely be notified:

• if family benefits for raising the child are paid in some other state

• if the guardianship or foster care contract of the child under guardianship or in foster care is ending

• if paternal filiation of a child, who is granted a single parent’s child allowance, is established

• if a child who is granted a single parent’s child allowance is adopted

• if a child of 16 years of age or older graduates or interrupts his or her studies

• if the child is in a custodial institution as a prisoner, person in detention or custody

• in other cases when changes take place in the life of the person who is granted the allowance, which might influence granting the allowance

The aforementioned family benefits are independent of the existing income, but are in certain cases considered upon the payment of other state benefits (for example, establishment of subsistence benefit).

Parental benefit

The purpose of the parental benefit is to compensate for income lost due to the raising of an infant, so that couples would not abstain from having a child because of financial reasons. Any parent, adoptive parent, step-parent, guardian or foster parent who is raising a child and who is a permanent resident of Estonia or a foreigner living in Estonia on the basis of a temporary residence permit has the right to the parental benefit. If the aforementioned person has residence in several states, he or she has the right to receive the parental benefit if he or she stays in Estonia for at least 183 days per year.

The parental benefit is paid for 435 days. In general, until the child has reached the age of 70 days, the mother has the right to the parental benefit. After that, the parents can use this right in turns. Since the parental benefit is a monthly benefit, the recipient of the benefit can be changed from the beginning of a calendar month.

The amount of the benefit is calculated based on the applicant’s average monthly income in the preceding calendar year. As a rule, the monthly benefit amount equals to 100 % of the beneficiary’s average monthly income after social tax in the preceding calendar year. A lower limit (290 EUR) and upper limit have been established for the parental benefit, the upper limit being three times the average salary in Estonia from the year before last. The parental benefit is subject to income tax. It is allowed to work while receiving the benefit, but the remuneration received reduces the benefit amount paid. For further information on parental benefit, visit the home page of the Social Insurance Board http://ensib.ee/parental-benefit/http://ensib.ee/parental-benefit/.

The parental benefit depends on former income and benefits received; in certain cases, it is considered upon the payment of other state benefits (for example, upon calculation of subsistence benefit).

Maintenance allowance

Maintenance allowance is a benefit paid by the state to a minor child whose parent is not meeting his or her obligation to provide for the child or does not meet the obligation to the extent provided for in the Family Law ActFamily Law Act. Permanent residents of Estonia and aliens residing in Estonia on a legal basis are eligible for maintenance allowance. A child does not have the right to obtain maintenance allowance if a similar benefit is already being paid to him or her by another country. The maintenance allowance is paid to a parent who lodges a claim in court for the payment of maintenance. Receipt of the maintenance allowance does not exclude or limit the granting and payment of other benefits.

For further information on family benefits, visit the Social Insurance Board home pagethe Social Insurance Board home page.

Alimony

Pursuant to the Family Law Act, parents are required to provide maintenance to their children. In most cases, this means maintenance obligation towards minor children, but may also mean the obligation towards other descendant or ascendant who needs assistance and is unable to maintain himself or herself. Alimony is the money paid to provide maintenance to a child. The monthly support payment for one child may not be less than half of the minimum monthly wage established by the Government of the Republic. If the financial status of the parent raising the child, the financial status of the other parent, or the child’s needs should change, a statement of claim can be submitted to a court for changing the amount of support.

A child who continues to acquire basic or secondary education in basic school, upper secondary school or vocational school as an adult is also entitled to receive support, but not more than until he or she attains 21 years of age.

Subsistence benefit

is granted to Estonian citizens, aliens legally residing in Estonia, and persons enjoying international protection staying in Estonia. It is paid from state budget means by the local government, which should be contacted for applying for the benefit. The application for, calculation, grant, and payment of subsistence benefits are regulated by the Social Welfare ActSocial Welfare Act.

The subsistence benefit depends on the existing income and benefits and is considered when granting other benefits.

Upon calculation of a subsistence benefit, the fixed expenses connected with dwelling payable during the given month (within the limits of the socially justified standards for dwelling and within the limits established) are taken into consideration, such as rent, the value of water, electricity and heating consumed, etc. The socially justified standard for dwelling is 18 m2 per each family member and additionally 15 m2 per family. In case of pensioners living alone, up to 51 m2 can be considered as standard upon subsistence benefit calculation. The limits of fixed expenses connected with dwelling are established by the local government council at the level ensuring decent subsistence for persons.

To obtain the benefit, the applicant must submit an application to the rural municipality or city government in whose administrative jurisdiction the person is permanently living not later than on the 20th day of the given month. The subsistence benefit is granted for the given month.

Needs-based family benefit

is a new benefit paid to families with children if their average monthly net income is below the respective income threshold. The needs-based family benefit is granted and paid by local governments from state budget means. It has been possible to submit applications for needs-based family benefits to local governments from 1 June 2013. The benefits are paid since 1 July 2013. The application for, and grant and payment of, needs-based family benefits are regulated by the Social Welfare ActSocial Welfare Act.

The needs-based family benefit depends on the existing income and benefits and is considered when granting other benefits.

The needs-based family benefit can be applied for by a person receiving child allowance on the basis of the State Family Benefits Act.

Funeral benefit

can be applied for from the local government (payment of state funeral benefit to private persons was discontinued on 1 July 2009), pursuant to the benefit amount and application procedure established by the local government. In general, funeral benefit is paid to the person covering the expenses of the funeral.

Additional benefits granted by local governments

In addition to state benefits, local governments are entitled to grant and pay additional benefits from their budget. For information on the benefits, contact your local government – i.e. your local government according to the population register. Additional benefits are mainly intended for pensioners and the elderly (for purchasing medicines and spectacles), children (for alimentation, start of school, participation in youth camps), disabled persons (for arrangement of care, social services, transport, acquisition of technical aids, etc.), and least privileged persons (for moving, applying for an identity document, to persons released from a custodial institution).

Information on additional social benefits is available from the home pages of local governments.

Benefits for disabled persons

There are eight types of social benefits for disabled persons:

• disabled child allowance

• allowance for disabled persons in working life

• allowance for disabled persons in pensionable age

• disabled parent’s allowance

• education allowance

• employment allowance

• rehabilitation allowance

• in-service training allowance

In order to receive such benefits, the respective application must be filled in and submitted to the Social Insurance Board. For further information, visit, for example, the home page of the Estonian Chamber of Disabled People http://www.epikoda.ee/http://www.epikoda.ee/ or the Social Insurance Board www.ensib.eeSocial Insurance Board www.ensib.ee.

SOCIAL WELFARE SERVICES

Social welfare services – state and local government

Depending on their nature, social welfare services are offered by the state or the local government. In general, the principle followed is that the state bodies nearest to the citizen should preferably perform public obligations, and that the resources at the nearest level to the person in need of assistance are primarily used. Because of this, local governments are the main providers of welfare services. The services offered by local governments include personal assistant, support person, social transport, adapting a dwelling, safe house, shelter, social housing, home care, social counselling, and general care.

Provision of welfare services too complicated for offering at the local level is arranged by the state. These include special care services for persons with severe or permanent mental disorder; technical aids allocated at favourable conditions; rehabilitation services for the disabled; and substitute homes for children. The state also supports childcare services for children with severe or profound disability.

Rehabilitation and special care services are provided all over Estonia, their provision is arranged by the Social Insurance Board. Rehabilitation is a social service designed to improve the independent coping of the disabled, increase the involvement of the community, and foster employment or start of employment. The special care services are directed to grown-up persons who have developed a greater need for personal assistance, instructing or also supervision due to severe or permanent mental disorder and who need professional personal assistance for coping. Further details on the services and service providers are available at http://www.ensib.ee/http://www.ensib.ee/.

Every person staying in Estonia is entitled to emergency social assistance.

GENDER EQUALITY

Gender equality is a matter of human rights, public welfare and democracy. Under the contemporary concept of human rights, the gendered stratification of society is not only viewed as a hindrance to human development but as a breach of human rights as well. One of the preconcepts of economic and democratic development is that all individuals have to have equal opportunities to function successfully within societies.

Gender equality in a general sense refers to a situation in which all members of society are free to develop their capabilities and make choices that are not limited by traditional gender roles and stereotypes, or the hierarchical relations of power between men and women.

Gender equality in a narrower sense refers to an area of policy that is attempting to balance the social relations (incl. relations of power) between two of the largest social groups – men and women. Implementation of the policy is invoked by changes in the structure of society and economy. Economic development requires that women and men alike contribute to the performance of paid and unpaid work.

Gender Equality and Equal Treatment Commissioner

an independent and impartial expert who acts independently, and monitors compliance with the requirements of the Gender Equality Act and Equal Treatment Act. Gender inequality can be expressed in several different fields – for example, women and men can have different statuses on the labour market and in the economy, or different access to resources (incl. time, information, and networks), etc. The Gender Equality and Equal Treatment Commissioner accepts applications from persons and provides opinions concerning possible cases of discrimination. The Commissioner’s home page is http://www.svv.ee/http://www.svv.ee/.

APPLYING FOR ASYLUM

Applying for asylum in Estonia

In 1997, Estonia joined the 1951 Convention relating to the Status of Refugees adopted in Geneva and its 1967 New York protocol, which means that Estonia has accepted the international obligation to protect foreigners complying with the requirements provided for in the Convention. In Estonia, the authority dealing with asylum seekers is the Police and Border Guard Board (PBGB), in co-operation with the United Nations High Commissioner for Refugees (UNHCR) and many Estonian third sector organisations. In Estonia, the entire field is regulated by the Act on Granting International Protection to AliensAct on Granting International Protection to Aliens, which contains the principles of the aforementioned Conventions and requirements of EU Directives.

Possibilities for submitting an application for asylum

Upon arrival to the Republic of Estonia, an asylum-seeker can submit an application for asylum to a Border Guard official in any of the border checkpoints. This opportunity should be used if the alien does not have a valid visa, travel document or Estonian residence permit. If the alien is already in Estonia, the application for asylum must be submitted to the International Protection Division, Status Determination Bureau of the Police and Border Guard Board.

If it is established that Estonia is responsible for revision of the application for asylum, the PBGB commences the basic procedure, which may not take longer than six months. Each application is reviewed individually and impartially. Upon taking the decision, the human rights situation in the applicant’s country of origin, his or her explanations regarding the persecution, and any other circumstances related to the specific application are taken into consideration. The proceedings for asylum are not public and the PBGB is required to ensure strict confidentiality of the information acquired.

Asylum seeker

an alien who has submitted an application for asylum in Estonia in order to obtain international protection. The status of an asylum seeker is extended until entry into force of the PBGB or court decision.

Person enjoying international protection

an alien who has been recognised as an asylum seeker, person enjoying subsidiary protection, or person enjoying temporary protection, and to whom an Estonian residence permit has been granted.

Refugee

an alien who corresponds to the requirements provided for in the Convention relating to the Status of Refugees and to whom the PBGB has granted the status of a refugee.

For the purposes of the Convention, the term “refugee” applies to any person who – owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion – is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

Person enjoying subsidiary protection

is an alien who does not qualify as a refugee, but in case of whom there is reason to believe that his or her return or expulsion to his or her country of origin may result in a serious risk, including imposition or execution of death penalty, torture or inhuman or degrading treatment or punishment, or violence by reason of international or internal armed conflict.

Person enjoying temporary protection

an alien who has had to leave his or her country or region of origin, or has been evacuated, in particular in response to an appeal by international organisations, and is unable to return in safe and durable conditions because of the situation prevailing in that country and who may fall within the scope of provisions regulating international protection; or who has fled an area of armed conflict or endemic violence; or who is at serious risk of, or who has been the victim of, systematic or generalised violations of his or her human rights.

Temporary protection is a procedure of exceptional character to provide, in the event of a mass influx or imminent mass influx of aliens who are unable to return to their country of origin, immediate and temporary protection to aliens.

Further details on how to apply for international protection and for asylum are available on the PBGB home pageon the PBGB home page.

Persons applying for asylum in Estonia are entitled to financial support in the extent of the subsistence level and other essential services, such as emergency medical care. Persons who have been granted international protection and the refugee status in Estonia are entitled to social benefits and other support on the same basis as people permanently residing in Estonia.

HEALTH CARE

Estonian Health Insurance FundEstonian Health Insurance Fund

The Estonian Health Insurance Fund organises health insurance in order to provide health insurance benefits to the persons insured. The purpose of health insurance in Estonia is to cover the costs of health services provided to insured persons, prevent and cure diseases, finance the purchase of medicinal products and medical technical aids, and provide the benefit for temporary incapacity for work and other benefits.

Estonian health insurance relies on the principle of solidarity: the Health Insurance Fund covers the cost of health services required by the person in case of illness regardless of the amount of social tax paid for the person concerned. The Fund uses the social tax paid for the working population also for covering the cost of health services provided to persons not employed at the moment.

The information line of the Health Insurance Fund is 16 363.

When calling from abroad, dial + 372 669 6630.

Social tax

Social tax revenue is used for pension insurance and state health insurance. Employers pay social tax on behalf of their employees. The rate of social tax is 33 % of the employee’s gross earnings. In some special cases (for example, on behalf of persons entitled to various caregiver’s allowances and of large families), the social tax is paid by the Estonian state. The state also pays social tax for company employees whose established percentage of loss of capacity for work is 40 per cent or more. The social tax is an individually registered tax. This means that all social tax amounts paid in connection with a person are taken into consideration upon the calculation and payment of his or her pension. Payment of the social tax is regulated by the Social Tax ActSocial Tax Act; a new version of this Act enters into force on 1 January 2014.

Health Insurance

Every permanent resident of the Republic of Estonia or a person living in Estonia by virtue of a temporary residence permit or by the right of permanent residence, for whom the social tax is paid for or who pays the social tax for himself/herself, is entitled to health insurance. All persons who have been granted state pension in Estonia are also entitled to health pension. Health insurance is guaranteed to a person under 19 years of age regardless of whether his or her parents are employed or not. The documents required for registration, termination and suspension of health insurance are submitted to the Health Insurance Fund by the employer. For further information, visit http://www.haigekassa.eehttp://www.haigekassa.ee.

The insurance cover of persons insured through their employer remains in force for two months after termination of the employment or service relationship. If the new employer submits the necessary documents to the Health Insurance Fund during the period of validity of the insurance cover of the person, the insurance cover continues on the new basis without interruption. Upon employment of a person without insurance cover, the cover commences upon expiry of a waiting period of fourteen days if the necessary documents are submitted to the Health Insurance Fund within seven calendar days as of the date on which the person commences employment.

If a person has lost his or her job and the insurance cover, he or she can register the unemployment with the Estonian Unemployment Insurance Fund. An unemployed person is entitled to insurance cover one month after the registration of the unemployment. For further information on the Unemployment Insurance Fund and the insurance, see brochure № 9.

Students can acquire health insurance through their university.

Insurance cover means that the person need not pay for his or her medical treatment. Only a visit fee can be established.

You can check the validity of your insurance cover via the citizen’s portal www.eesti.eewww.eesti.ee or by calling the Health Insurance Fund’s information line 16 363.

Family physician

All Estonian citizens insured with the Health Insurance Fund have a family physician. It is possible to register with a family physician by submission of an application directly to the physician. It is possible to change the family physician – one should submit an application to the new physician. For persons who do not register with a family physician, the physician is established by the County Governor.

Family physicians provide general medical care, order analyses, and refer the patients to a medical specialist, if required.

For an insured person, the services of his or her family physician are free of charge. Persons not covered by insurance are required to pay for the services. Persons visiting their family physicians are required to present an identity document with photo.

For health-related counselling, call the family physician helpline 1220. Further information is available at the home page http://www.1220.ee/http://www.1220.ee/.

Specialised medical care

is an out-patient or in-patient health care service that is provided by a medical specialist or a dentist and the health care workers working with them. Specialised health care can take place outside of a hospital, but is usually provided in a hospital.

A referral from the family physician is not required to visit a gynaecologist, dermatologist, ophthalmologist, pulmonologist or dentist. If emergency treatment is required, a person may go directly to a hospital and see a surgeon or traumatologist at the emergency medical care unit.

Dental care

For persons under 19 years of age, dental care is free of charge. Free dental care can only be received from a doctor who has entered into a medical care financing contract with the Health Insurance Fund. Under certain conditions, dental care benefits can be applied for from the Health Insurance Fund.

For further information on dental care and the related benefits, visit the home pagethe home page.

Health insurance outside Estonia

The Health Insurance Fund does not generally compensate for scheduled medical care and hospital expenses incurred outside Estonia. A person insured with the Estonian Health Insurance Fund, who visits a member state of the European Union as a tourist, is entitled to emergency medical care under the same terms with insured people who permanently live in that state. In a medical institution, the person is required to present the European Health Insurance Card or its replacement certificate and his or her identity document.

The European Health Insurance Card and its replacement certificate can be applied for if the person is covered by health insurance valid in Estonia.

A European Health Insurance Card can be applied for as follows:

• through the state portal www.eesti.ee

• by submitting the application in person to a customer service bureau (except the central department in Tallinn)

• by mailing the application to the Health Insurance Fund

• by e-mailing the digitally signed application

The application formThe application formis available on the home page of the Health Insurance Fund, at post offices of Eesti Post, and in customer service bureaus of the local departments of the Health Insurance Fund.

The European health insurance card grants access to the required medical care in the following countries: Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom.

Emergency medical care

Every person staying on the territory of the Republic of Estonia is entitled to emergency medical care. To call an ambulance in Estonia, dial the single emergency phone number 112. Calls are free on all telephones, including mobile and landline telephones. Calling is also possible without a SIM card inserted and even if the mobile network is overloaded.

Having dialled 112, you will be connected to a rescue leader of the Emergency Response Centre, who will decide whether dispatching of an ambulance is required and forwards the call to the nearest ambulance crew available. The urgency of the calls is determined based on the health status of the person in need of help. When calling 112, speak as clearly and specifically as possible – who needs help, the location, the problem. Tell whether the person injured is conscious and whether he or she is breathing. Try answering the operator’s questions as accurately as possible, but be brief and avoid wasting time.

Listen carefully to the operator’s instructions and follow them. Do not end the call before permitted to do so. Stay with the person in need of help. If the patient’s condition should change, call 112 again and describe the changes.

Cancel other calls, so that the ambulance crew or Emergency Response Centre operator could call you back.

The emergency response service SMS-112 allows free sending of emergency text messages in Estonian and Russian to the number 112 by persons with a hearing disability or speech impairment.

Hospital network

The objective of the hospital network is to ensure the sustainability, quality, and accessibility of health care services.

Planning of the hospital network is based on hospital type. The hospital type is determined based on the service area and size thereof, as well as on the accessibility of specialised medical care to inhabitants – this should be ensured within an hour or in a 70 km radius. Types of hospitals included in the hospital network:

• Regional hospital – service area 500,000 –1,000,000 people. There are three regional hospitals in Estonia: SA Põhja-Eesti Regionaalhaigla (North Estonia Medical Centre), SA Tartu Ülikooli Kliinikum (Tartu University Hospital), and SA Tallinna Lastehaigla (Tallinn Children’s Hospital).

• Central hospital – service area 50,000 –100,000 people. There are four central hospitals in Estonia: AS Lääne-Tallinna Keskhaigla (West Tallinn Central Hospital), AS Ida-Tallinna Keskhaigla (East Tallinn Central Hospital), SA Pärnu Haigla (Pärnu Hospital), SA Ida-Viru Keskhaigla (Ida-Viru Central Hospital).

• General hospital – service area 50,000 –100,000 people. There are 11 general hospitals in Estonia; these are mainly located in county seats.

• Local hospital – service area up to 40,000 people. Local hospitals are required in larger cities located at a distance of more than 70 km from hospitals of higher rank. In such hospitals, medical care services are provided by doctors on duty 24 hours a day, but there is no 24 hour emergency surgical on-duty service.

In addition to these, there are several special hospitals in Estonia specialised in one or a few areas of medical care (for example, orthopaedics or vascular surgery).

MEDICINES

State Agency of Medicines

The State Agency of MedicinesThe State Agency of Medicines is a governmental body involved in supervision of medicines. The State Agency of Medicines inspects the effectiveness and quality of medicines, results of clinical studies, determines types of medicines, issues activity licences, collects and evaluates data on side effects of medicines, etc.

Sale of medicinal products

In Estonia, medicinal products are sold in pharmacies. Medicinal products are classified as medicinal products not subject to medical prescription and medicinal products subject to medical prescription. The latter cannot be purchased without a doctor’s prescription. In general, medicinal products subject to medical prescription are sold at a favourable price. On the home page www.ravimiinfo.eewww.ravimiinfo.ee information is available on prices of medicinal products in pharmacies all over Estonia.

Under certain conditions, benefits for medicinal products can be applied from the Health Insurance Fund. For further information, visit the Health Insurance Fund’s home page; follow the linklink.

Digital prescription

In Estonia, most of the prescriptions are digital. Such prescriptions are not printed out – instead, they are sent from the physician’s computer over the Internet directly to the Digital Prescription Centre. The Digital Prescription Centre is an electronic database established in order to issue and process prescriptions (medicinal products, baby food, medical devices). When purchasing a prescribed medicinal product at a pharmacy, the person is required to present an identity document with a photo and the personal identification code, such as identity card, driving licence, or passport. If the medicinal product is purchased on behalf of another person (for example, a minor), his or her identity code is also required. One can view all of his or her digital prescriptions over the state portal www.eesti.ee. Based on a digital prescription, medicinal products can be purchased from all pharmacies in Estonia.

Health BoardHealth Board

The Health Board is subordinated to the Ministry of Social Affairs. Its mission is to protect and preserve the health of Estonia’s population, to support the devising of a healthful environment and optimal functioning of the health care system. The main fields of activity of the Health Board include health care, monitoring and control of communicable diseases, environmental health, chemical safety, and safety of medical devices.

Vaccination

Science and technology have provided us with vaccines – efficient means for fighting many communicable diseases. Vaccination ensures good health today and for many years to come. As good as medicines are, they only help when fighting the consequences. Vaccination allows prevention of communicable diseases.

In Estonia, there are opponents and proponents of vaccination, and numerous myths are associated with it. It is often thought that it is better to be ill than vaccinate or that vaccines contain dangerous substances, weaken the body and constitute a conspiracy of (and a goldmine for) the pharmaceutical industry.

Vaccination is voluntary. In case of children and persons with restricted active legal capacity, the parent or legal representative decides the vaccination. Before vaccination, the health care professional checks the patient’s health status in order to identify possible temporary or permanent contraindications to vaccination. If there are any, the vaccination is postponed or altogether cancelled.

All vaccinations are registered by the doctor or nurse in the immunisation passport handed over to the patient. Always submit your immunisation passport upon vaccination. Keep the immunisation passport – you may need it for travelling, working or studying in a foreign state. The immunisation passport is issued to new-born children at the maternity hospital and to others in connection with vaccination.

In Estonia, vaccination is mainly directed against communicable diseases and viruses, such as tuberculosis, various forms of hepatitis, measles, rubella, polio, influenza, rotavirus, etc.

When travelling to certain regions, vaccination against certain travelling-related communicable diseases (such as Japanese encephalitis, typhoid fever, yellow fever) is important and sometimes mandatory.

6. Education and Lifelong Learning

RIGHT TO EDUCATION AND DUTY TO ATTEND SCHOOL

In Estonia, everyone has the right to education. Education is compulsory for school-age children and shall be free of charge in state and local government general education schools. Private schools are allowed, which may charge a fee. Parents shall have the final decision in the choice of education for their children.

Everyone has the right to receive instruction in Estonian. There are basic schools in Estonia where the language of instruction is Russian. Private schools may freely choose the language of instruction, but at the same time Estonian language instruction must be guaranteed at the level specified in the legislation. To apply for citizenship, persons who have acquired basic, secondary or higher education in Estonian are not required to pass the Estonian language examination. An Estonian-language school is considered to be a school where at least 60 % of the studies take place in Estonian. The provision of education shall be supervised by the state. On behalf of the state, that field is governed by the Ministry of Education and ResearchMinistry of Education and Research.

Compulsory school attendance

All children who have reached the age of seven years before 1 October in the current year are obligated to attend school until they acquire basic education or attain the age of 17 years. Compulsory school attendance can be deferred due to a child’s health condition and students can also fulfil their obligation by studying at home. Those young people who are already 17 years old or older, but who dropped out of school in the 6th or 7th grade, have also a possibility to study. They can continue their studies by way of non-stationary study at upper secondary schools for adults, classes are also open for them at some vocational schools.

No student shall be excused from fulfilment of compulsory schooling due to a disability or low aptitude. Basic education can also be acquired on the basis of a simplified curriculum, depending on special needs and abilities. The Estonian compulsory school attendance requirement shall not apply to the children of foreign diplomats and representatives of foreign countries. The European School is intended for them. However, the children of foreign nationals and stateless people living in Estonia are obliged to attend school.

Duties of parents and absence from school

A parent shall facilitate the performance of the duty to attend school, including:

• provide students with conditions facilitating learning

• submit to the school its contact details and inform the school of any change thereof

• read legal instruments regulating school life

• cooperate with the school

• receive the aid offered to the parent by the school or the rural municipality or city government of residence

• based on a proposal of the school, address the counselling committee

• where necessary, request that the school and the rural municipality or city government of residence of the student take the measures of ensuring the performance of the duty to attend school provided for in legislation

If a parent fails to perform the duties, the rural municipality or city government shall take the required measures to protect the rights of the child. A parent shall be punished with a monetary fine of up to 200 fine units if his or her child who is subject to compulsory school attendance has not been entered into any school list or has missed more than 20 per cent of lessons without a reason during an academic quarter. If a child is absent from school, the parent must notify the school thereof already on the first day of absence. If a school has not been notified by the second day of absence, the school is required to contact the parent. Good reasons for absence from lessons are as follows:

• the student falls ill or the provision of the student with a health service

• the road leading to the school is impassable or the occurrence of another force majeure circumstance, including the weather conditions, whereby the absence from studies is reasoned (see below)

• substantial family-related reasons

• other reasons deemed good by the school

Right of children of ethnic minorities to study their native language

Children of ethnic minorities may study their native tongue at basic school, but in this case, studying Estonian is compulsory for them from the first grade on and the school must ensure that upon graduation the students speak Estonian at a level that enables them to continue studies in Estonian.

Language and cultural studies must be organised by the school:

• if a written application for this purpose is submitted to the school director by at least ten parents (guardians) of pupils with the same native language – in such a case the studies shall be organised as electives for at least 2 hours a week

• in cooperation with a municipality or city government if there were fewer than ten applications from parents (a study group may be formed from students in different grades and schools).

Language and cultural groups

Students of Estonian-language schools whose mother tongue is not Estonian shall be provided with the conditions for learning the mother tongue and national culture. A language and cultural study group shall be set up by the school according to the received applications twice a year.

CONDITIONS FOR STUDIES

Regulation of the Minister of Social Affairs (“The health protection requirements for the daily schedules of schools and the organisation of studiesThe health protection requirements for the daily schedules of schools and the organisation of studies”) determines conditions where no studies are carried out.

Lessons are cancelled at a school room where the air temperature is less than 19 °C and at a gym where it is less than 18 °C.

In addition to the real outdoor temperature, the outdoor temperature that actually influences the organism shall be also taken into account upon organisation of studies. The latter shall be assessed on the basis of the daily meteorological observation data available on the home page of the Estonian Meteorological and Hydrological Instituteon the home page of the Estonian Meteorological and Hydrological Institute according to the wind chill index tableto the wind chill index table published on the home page of the Health Board.

Lessons may be cancelled if travel to and from school is not organised and the actually influencing outdoor temperature is:

• -20 °C and lower (1st–6th grade)

• -25 °C and lower (7th–9th grade)

Physical education lessons may be organised outside:

• for 1st–6th grade students, at the actually influencing outdoor temperature of up to -10 °C

• for 7th–12th grade students, at the actually influencing outdoor temperature of up to -15 °C

• upon moderate wind, at the wind speed of up to 8 m/s

Unified standards have been also established for schools with regard to organisation of studies, weekly academic load and assessment. Most of the regulations are set out in the Basic Schools and Upper Secondary Schools ActBasic Schools and Upper Secondary Schools Act.

Weekly academic load

One academic week contains five study days. The largest weekly academic load of a student may be:

• 1st grade – 20 lessons

• 2nd grade – 23 lessons

• 3rd–4th grade – 25 lessons

• 5th grade – 28 lessons

• 6th–7th grade – 30 lessons

• 8th–9th grade – 32 lessons

Study exercises

In the 1st grade, study exercises are not given. In the subsequent grades they are not given for a day following the holidays and for the first day of an academic quarter.

One test may be carried out during a school day. Students shall be given at least five school days’ notice of it. Up to three tests may be carried out during an academic week. Tests are not planned for Monday and Friday, neither for the first and last lesson of the school day, except when the subject is in the timetable only on Monday and/or Friday, or only as the first and/or the last lesson.

Duration of lessons

A lesson lasts 45 minutes. A lesson may be divided into several parts and up to two lessons may take place consecutively, without a break. A break may not be less than 10 minutes per lesson.

Number of students in a class of a basic school

The maximum number of students in a class at a basic school is 24.

A school operator may establish a lower maximum number of students and at the proposal of the school director and the consent of the board of trustees, a school operator may establish a higher maximum number of up to 26 students. If the number of students in two or more classes at a basic school is 16, a composite class may be formed.

Assessment at school

Students are assessed by the class teacher or subject teacher based on the students’ respective abilities, knowledge and striving. From grades 1-6, a teacher may use descriptive verbal assessment.

GENERAL EDUCATION

General education encompasses pre-school education, basic education and secondary education. At all educational levels, academic work takes place on the basis of a standard national curriculum, on the basis of which each an educational institution prepares its own curriculum.

The textbooks, exercise books and other study materials are chosen by the teacher from a list of curriculum-compatible textbooks, exercise books and workbooks approved with a regulationa regulation by the Minister of Education and Research. Upon acquisition of basic education, a school must ensure the free of charge use of materials necessary for completing the school curriculum.

Pre-school education

Pre-school education is mainly acquired at home and parents or persons substituting for parents shall be responsible therefor. Pre-school child care institutions shall support and complement family upbringing:

• creche – for children until to the age of 3 years

• kindergarten for children until the age of 7 years

• special kindergarten – for children with special needs until the age of 7 years

• primary school connected with the kindergarten (kindergarten-primary school with a joint management) or basic school (kindergarten-basic school)

Basic education

Basic education is the obligatory general educational minimum for everyone. Parents are free to select a school for a pre-school age child, but the child’s interests, abilities and the school curriculum should be taken into consideration. A basic school is obligated to admit all persons subject to the duty to attend school who have expressed such desire and for whom the school is the school of residence. The state supports the school lunch of basic school students, the estimated cost of school lunch is 0.78 EUR. If the school lunch is more expensive, the additional cost shall be decided by the parent of the child or local government; it shall be decided by each local government independently. In addition to a basic school, a child may also attend a hobby school.

Secondary education

Secondary education is based on basic education and is divided into general and vocational secondary education.

General secondary education

General secondary education is acquired in an upper secondary school. The state and local governments must guarantee an opportunity for all to acquire general education.

The general procedure for admission to an upper secondary school is established by a regulationa regulation of the Minister of Education and Research. In any matters not specified by the regulation, the conditions and procedure for admission to a school shall be established by the school operator or, upon authorisation of the latter, by the school principal. The conditions for admission to a school must be disclosed by the school on its home page. Thus, the admission conditions of schools may vary, and it is reasonable to get acquainted with the admission conditions of a school that is of interest to you. Study takes place in day, evening and distance learning form.

External students are also eligible to graduate. Acquiring a general secondary education confers the right to continue studies in a higher educational institution or vocational school.

Study counselling centre

Every county in Estonia has a study counselling centrestudy counselling centre (contacts are available on the Foundation Innove home page), where students, parents and teachers are provided with psychological, speech therapy, special education and social education counselling.

The function of the centres is to support the early noticing system for children’s developmental and educational special needs and the individual development of children. In addition, two schools for children with special needs operate across Estonia –Tartu Emajõe SchoolTartu Emajõe School and Tartu Hiie SchoolTartu Hiie School.

Vocational education

Vocational education is regulated by the Vocational Educational Institutions ActVocational Educational Institutions Act.

Vocational education encompasses vocational, specialised and professional studies that can be acquired either without basic education or after graduation from basic school and upper secondary school and which enables studies to be continued in a higher educational institution.

Graduates of vocational educational institutions who desire to continue studies at a higher educational level must generally take state examinations. All persons with secondary school education have an equal right to compete for admission to institutions which provide higher education.

Adult education

Adults may opt for either full-time or part-time study and acquire basic, secondary and higher education or pursue informal education or vocational training. From 1993, it is regulated by the Adult Education ActAdult Education Act.

ENTERING A SCHOOL AND GRADUATING FROM A SCHOOL

Entering the first grade

Schools are obliged to admit all children in their school district but parents may choose another school if spaces permit. Each school establishes its own admission criteria and procedures, and posts them on its home page.

No nationwide tests are required for admission to the first grade, but schools may establish such testing independently. Parents have the right to be present at the testing but are not allowed to intervene. The procedures for evaluation of knowledge and skills upon admission may not be changed from March to the beginning of the subsequent school year. The only exception is a case in which admission criteria and procedures must be brought into conformity with legislation.

Many local governments pay support when a child enters a school for the first time. Please contact your city or rural municipality for information about the possibilities at your local government.

Graduation from basic school

The conditions for graduation from basic school are set out in the national curriculum of basic schoolsnational curriculum of basic schools. In order to graduate from a basic school, the annual grades of all subjects and results of final exams must be at least “satisfactory”. In 7th–9th grades, students must complete a creative work and pass three final exams with at least a satisfactory result. Everyone is required to take an exam in the Estonian language or literature or the Estonian language as a second language and mathematics. A third examination may be chosen from among subjects approved by the Minister of Education and Research (most recently they were the Russian, English, German or French language, Russian language and literature, biology, chemistry, physics, geography, history or civics). The school must be informed of the chosen subject by 1 February. Materials, exercises and questions of final exams are prepared at Foundation InnoveFoundation Innove and they are the same for all schools all over Estonia.

Students who have learned according to the simplified curriculum shall pass three final exams, on the basis of materials prepared by the school, in Estonian, mathematics and a subject determined by the school principal. In some cases, a leaving certificate (on the basis of a student’s written application and upon the parent’s consent) may be issued to a student with up to two “poor” grades.

Changing schools

Sometimes it is necessary for a child to switch to a different school because of a change in residence, etc. To ensure that everything goes smoothly, the following recommendations are given. If a change of school is caused by a change in residence:

• Find out early the potential studying possibilities of a child in the new place of residence. In order to find a school place for a child, please contact the educational official of that city or rural municipality where the child will go to live. The above also applies upon going to live abroad.

• If you want to choose a school for your child yourself, please contact the school where you want him or her to enter. Upon going to live in another country, please find out whether you can choose a school there yourself.

• Please find out at a rural municipality or city educational institution as to which documents need to be submitted for getting a school place and admission to a school. Different countries and schools may request different documents. Sometimes they need to be translated or certified with an apostille.

If you have received a new school place for your child, please submit to the school in whose list your child is currently included an application for striking him or her off the list.

Sample application on the home page of the Ministry of Education and ResearchSample application on the home page of the Ministry of Education and Research.

Please do not forget to submit to the school an application for striking the student off the list, otherwise the school and local government will start searching for your child due to not complying with the duty to attend school.

If a child goes to study in a foreign educational institution temporarily (1–2 years) and then wants to return to his or her home school, the parent must submit, by 30 June at the latest, to the principal an application for leaving him or her in the list of school students in the next academic year. Upon continuing studies in Estonia, the student starts to study in a grade where he or she should study, based on the time that has passed meanwhile, if he or she had continued the studies in Estonia and transferred to the next grade after each academic year. Upon the request of a parent, a child may continue the studies also in a lower grade.

The teachers’ council shall determine the grade where the student will continue studies if:

• the student comes from a foreign educational institution and has not previously studied in Estonia

• the student lacks a document certifying education

• the student studied in the previous school according to a different national curriculum

• the student studied in a school for children with special needs or a sanatorium school based on a different number of academic years, list of subjects or number of academic hours established by that school

Expulsion of a student at the level of basic education

The conditions for expelling a student from a school are set out in the Basic Schools and Upper Secondary Schools Act. A student acquiring basic education who is under the minimum school-leaving age may not be expelled from school. A student who is acquiring basic education and is past the minimum school-leaving age shall be expelled if he or she:

• jeopardizes by his or her behaviour the safety of other students at school

• is absent from lessons without a good reason and therefore he or she cannot be transferred to the next grade

A student acquiring basic education in evening or distance learning format may be expelled from school if he or she has not shown up for school for five consecutive academic weeks.

Expulsion of a student at the level of secondary education

A student acquiring secondary education shall be expelled from school if in the course of one academic year he or she has been given grades of “weak” or “poor” in over one-half of the course grades in three or more subjects. The precise expulsion conditions shall be set forth in the school’s rules of procedure, which vary across schools.

PROBLEMS AND QUESTIONS RELATED TO SCHOOL

Questions related to school work and the organisational side of academic life should be addressed at first to the school and then to the local government official, educational department of county government and thereafter the Ministry of Education and Research.

At the school level

In any matters concerning the school work, please contact the school, namely the class teacher, head of studies or principal.

Scope of Foundation Innove

Foundation InnoveFoundation Innove answers the questions concerning:

• implementation of national curriculum

• national examinations, final examinations of basic schools, standard-determining tests

• Estonian language proficiency examination

• expert analysis of foreign school-leaving documents certifying basic and secondary education

• essential development of vocational education, including development of curriculum

Information on nationwide academic tournaments is available at the University of Tartu Science Schoolat the University of Tartu Science School.

At the level of local government and county government

If any problems remain unresolved at school, the next step should be to notify an official of local government or county government.

The area of responsibility of rural municipality or city official includes:

• the rural municipality or city education development programme

• educational institutions in a district or area

• matters related to organisation of studies – conditions for admission of students, elective subjects, study areas, existence of student home, transport and food service problems

• financing educational institutions in an area or district

The area of responsibility of the county government educational department includes:

• supervision in municipal and private educational institutions – legislation, compliance with state curriculum, organisation of the studies and the educational process, and conditions for the protection of children’s health in municipal and private educational institutions

• county student events and academic tournaments

• regional educational policy

At the level of the Ministry of Education and Research

If problems remain unresolved at the school, local government and county government level, a written statement should be sent to the Ministry of Education and Research supervision department. Anonymous letters are not answered. Nor are problems handled over the phone, as both parties in a disagreement must be heard before a response is made.

Competence of the Ministry of Education and Research does not include:

• labour dispute matters – contact the Labour Inspectorate

• violation of health protection requirements at school– contact the Health Board

• disregard for fire safety requirements – contact the local subunit of the Rescue Board

In case of educational special needs

The talent or learning difficulties of a student, his or her health condition, disability, behavioural and emotional disorders, absence from studies for a longer time period or insufficient command of the language of instruction may lead to the need to make changes or adjustments in the study process, its content, duration, academic load and environment, desired study results or the work plan prepared by the teacher for working with the class.

Reasons for learning difficulties may be:

• socio-psychological (exclusion, violence, bullying in schools, communication difficulties, etc.) at school and home

• physiological and mental (vision and hearing disorders, special needs)

• school stress and fear

In order to treat and prevent disabilities of oral and written conversation, it is required to contact a speech therapist. The organisation of the studies of a student with educational special needs is based on the principle of inclusive education: in general, such student studies in an ordinary class of a school according to the place of residence and the principles for organising his or her studies are specified in the study programme of the school.

Individual learning

On the conditions specified in national curricula, an individual curriculum may be prepared for a student with educational special needs. It may provide for a change in the time, content, process and environment of study. An individual curriculum involves a substantial increase or decrease in the weekly academic load or learning intensity, or reduction or replacement of study results specified in national curricula.

Students with behavioural problems

Students with behavioural problems terrorize, threaten or insult classmates, teachers and school staff and use violence to get what they want, flouting the school system. To prevent children with behavioural difficulties from dropping out of school, a municipal or city government may form separate classes if needed for students with behavioural problems enrolled in basic educational courses starting from the fourth grade.

School violence

School violence includes both physical and emotional bullying and teasing that requires immediate intervention by an adult. If a child says that he or she feels poorly and does not want to go to school for some reason – fear may be the true cause.

School violence can be any of the following acts targeted against a classmate or fellow student:

• picking a quarrel, mockery

• taking things away, breaking or soiling them

• ignoring the person and spreading malicious rumours about a child

• threats of violence

• beating

• extortion of money and other objects

If a child is bullied, help must always be summoned. Usually younger playmates or fellow pupils are bullied – this is the case in both nursery school and school. Besides bullying between students, bullying between a student and teacher can also be encountered.

If a child has fallen victim to bullying or knows of someone who is being bullied:

• the adults must be notified – parents, class teacher, school director, psychologist

• the child is to avoid places where he or she could fall victim to teasing

• the child should be accompanied by friends at all times

• as the person doing the bullying wants attention and to provoke fear, it is important to try to ignore the bully

STATE EXAMINATIONS

State examination

In order to graduate from an upper secondary school, it is required to pass three state examinations – in Estonian, in a foreign language and in mathematics and a school examination based on a specialty provided for in the school curriculum of the upper secondary school, and submit a student investigation paper or practical work.

The materials, exercises and questions of state examinations (which are unified across Estonia) are prepared in Foundation InnoveFoundation Innove and are the same throughout Estonia. Examination papers are checked on an anonymous basis: evaluators do not know whose work they are checking. Vocational educational institutions, institutions of professional higher education and universities may consider them as entrance examinations. State examinations take place twice a year, in spring, on the same day throughout Estonia. They can be taken by students of vocational educational institutions and persons who have already acquired secondary education and who plan to continue their studies at an institution of higher education. A re-examination can be taken in the same year by students who passed a state examination with a non-satisfactory result or were absent from the selected examination. A student who has earlier graduated from a school can take a state examination later (together with graduators in each spring) to improve the result. The result of the most recently taken examination is taken into account.

A state examination is passed when at least 1 % of the maximum result is achieved. A state examination is passed with a satisfactory result if at least 20 % of the maximum result is achieved. When outside help or cheating is used, the examinee shall be expelled from the state examination and the examination paper is assessed with a zero score. A zero score is also granted to a paper that is written in pencil or is written in pencil and overwritten in ink or ball-point pen.

Challenging the examination result

An appeal may be lodged with the Ministry of Education and Research against the results of a state examination and a harmonised final examination of basic school. An appeal shall be lodged within five working days as of the date of making the state examination certificate or school graduation certificate available. The Minister of Education and Research shall form an appeals committee for reviewing appeals lodged. Within ten days after an appeal was filed the appeals committee shall make one of the following decisions regarding an examination paper whose result was challenged: to raise the examination result, to lower the examination result or not to change the examination result.

National examination data, e-certificate and notification of results

You may see the data of state examinations in the database of Foundation Innove. You may download the certificate if you wish so. A more detailed instruction for examining the results of state examination papers is available on the home page of Foundation Innove.

An examinee may order by e-mail a notification of the examination results. Ordering is free of charge. An e-mail containing the examination results is sent after the results have been entered in the information system of state examinations. To order the notification, you must have activated the official e-mail with a standard address surname.familyname@eesti.ee, which can be made under the menu “My data” in the portal www.eesti.eewww.eesti.ee.

EUROPEAN SCHOOL

In 2012, Foundation Innove started preparations for founding the Tallinn European School to be opened in autumn 2013.

The objective of European Schools is to provide children of EU officials (including those of the IT agency) with a possibility to get harmonised education, irrespective of the member state where they currently live. In addition, the new school provides international education also to the children of diplomats of Estonia and foreign countries and Estonian citizens who have studied or are going to study in any international school. According to availability, also other children may attend the European School pursuant to the established restrictions. In comparison with curricula of the International Baccalaureate Organization or other international curricula, one of the substantial differences of the curricula of the European School lies in broader possibilities in the area of instruction in mother tongue as well as the study of mother tongue and national culture. The academic years that were successfully passed in the European School and the diplomas and certificates issued in relation thereto are recognised in the EU member states and many other countries.

For further details, please see the home page of Foundation Innove: http://www.innove.ee/enhttp://www.innove.ee/en.

HIGHER EDUCATION

Higher education can be acquired at universities, professional higher educational institutions or vocational educational institutions. The Estonian higher education system consists of three levels, following the model of Bachelor-Master-PhD used in the European higher education system. At university, Bachelor’s study, Master’s study and Doctoral study may be carried out, also professional higher education may be provided. At an institution of professional higher education and vocational educational institution, professional higher education is provided. In addition, Master’s study may also be carried out at an institution of professional higher education.

Professional higher education

Professional higher education is the first stage of study in higher education, the objective of which is to acquire the competences necessary for working in a definite profession or further Master’s studies. The nominal period of the study is 3–4 years, the volume is 180–240 credit points, in case of specialised nurse and midwife studies – the nominal period is 4.5 years and volume is 270 credit points.

Bachelor’s study

Bachelor’s study is the first stage of study in higher education, the objective of which is to deepen the knowledge of general education, acquire the base knowledge and skills of the profession to continue studies at the Master’s level and start working. The nominal period of the study is prevailingly three years, the volume is 180 credit points, seldom up to 4 years (volume 240 credit points).

Master’s study

Master’s study is the second stage of study in higher education, during which professional knowledge and skills are deepened, and knowledge and skills are acquired which are necessary for independent work and continuing studies for a Doctor’s degree. The precondition for obtaining access to the study is the first-level qualification in higher education. The nominal period of the study is 1–2 years, volume 60–120 credit points, but with the first level at least 5 years, volume 300 credit points.

Study based on the integrated curricula of Bachelor’s study and Master’s study

The integrated Bachelor’s and Master’s stuy contains base study as well as study with focused specialisation. One-level integrated studies are studies for the profession of physician, veterinarian, pharmacist, dentist, architect and construction engineer, as well as class teacher training. The nominal period of physician’s and veterinarian’s study is 6 years, the volume is 360 credit points. The nominal period of other studies is 5 years, the volume is 300 credit points.

Doctoral study

Doctoral study is the third stage of study in higher education, the objective of which is to acquire the knowledge and skills necessary for independent scientific, development or professional creative work. The precondition for Doctoral study is a Master’s degree or equivalent qualification. The nominal period of the study is 3–4 years, the volume is 180–240 credit points.

Entering an institution of higher education

The general condition for entering an institution of higher education is secondary education, which is certified by a leaving certificate of upper secondary school and a leaving certificate concerning the acquisition of vocational education. The leaving certificate of upper secondary school is issued after graduation from the 12th grade. In order to graduate from the upper secondary school, it is required to pass state examinations, which is proved by a state examination certificate. An educational institution may establish additional admission conditions, which may be entrance examinations, results of state examinations, interviews, etc.

The admissions system (SAIS – https://www.sais.ee/https://www.sais.ee/) allows to submit an application to an Estonian educational system electronically, via the Internet. After submitting the admissions application, SAIS helps arrange the communication of notifications between the prospective student and institution of higher education.

Organisation of studies, recognition of leaving documents and quality of higher education

The unified requirements for higher education level studies (including for curricula and lecturers) are determined by the higher education standardby the higher education standard, which is also the base document for institutions of higher education, which grants the right to carry out the studies.

Upon starting to study at an institution of higher education, it is important to know that from 2012 only such educational institutions can provide higher education in Estonia, to whom the Government of the Republic has granted the right to carry out the studies and issue final state documents. The assessment takes place across curriculum groups, one curriculum group comprises the curricula of the same speciality. As a result of assessment, the institution of higher education may receive a fixed-term (1–3 years) or unfixed-term right to carry out the studies. Curriculum groups in which a specific institution of higher education may carry out studies and grant respective academic degrees and diplomas are set out in Annex 3 of the Higher Education Standard. From 2010, the accreditation of curricula is replaced by the evaluation of quality of curriculum groups. In addition, when selecting an institution of higher education, you should pay attention as to whether the institution of higher education has successfully passed the institutional accreditation – evaluation of the functioning of an institution of higher education as a whole. Institutions of higher education must undergo the evaluation of the quality of curriculum groups and institutional accreditation once in seven years and EKKA (Estonian Higher Education Quality AgencyEstonian Higher Education Quality Agency) is responsible for conducting them.

SOCIAL GUARANTEES OF STUDENTS

Financing of studies and study allowances

(Study Allowances and Study Loans ActStudy Allowances and Study Loans Act)

In order to finance the studies, the students who acquire vocational and higher education may apply for student loan, state study allowance or apply for different scholarships. The objective of study allowances is to ensure access to vocational and higher education, and to motivate successful full-time study.

Study allowances

The conditions for applying, determination and payment of study allowances under the currently applicable system of study allowances shall be applicable to students who have commenced their studies before the academic year 2013-2014. Under those conditions, the applying, determination and payment of study allowances shall be carried out until the end of the academic year 2015-2016.

Study allowances are paid from the state budget every month on the basis of the decision of the educational institution to students who have applied through an educational institution. Students who are on academic leave are not eligible to receive an education allowance. Nor are students eligible if they are currently receiving study allowance from a foreign government, an international or intergovernmental organisation or cooperation programme.

Basic allowance can be applied for by students who study full time (or when studies were commenced before the academic year 2003-2004) in the stationary or daytime study form. The study programme must foresee student places formed on the basis of state commissioned education. Neither may a student exceed the nominal period of studies according to the study programme.

The ranking for receiving allowances shall be prepared on the basis of curricula, taking into account the extent to which the study programme has been completed and grades, if necessary.

Upon applying for supplementary allowance, in addition to the previous conditions, the place of residence of applicants for supplementary allowance must be listed in the Estonian Population Register outside the local government unit in which the educational institution is located and adjoining municipalities. Supplementary allowance is mainly intended for covering expenses on housing and transport. In addition, a student must be an Estonian citizen or stay in Estonia on the basis of a long-term or temporary residence permit or on the basis of a permanent or temporary right of residence.

The amount of allowances shall be established for each year by the state budget. In 2013, the base allowance was 38.35 EUR and supplementary allowance was 19.18 EUR. The respective amounts for students were 55.93 and 28.13 EUR.

Needs-based system of study allowances

From the academic year 2013-14, students from low-income families are supported by the state to cover additional expenses accompanying the acquisition of higher education. The former study allowance system will remain in place for students studying at institutions of higher education who entered them prior to the academic year 2013-14. The former study allowance system will remain in place until the academic year 2015-16 for students studying at institutions of higher education who entered them prior to the academic year 2013-14.

Needs-based study allowance shall be paid to a student who meets the three following conditions:

• he or she has entered an institution of higher education in the academic year 2013–2014 or later

• the monthly income of his or her family is less than 280 EUR

• he or she studies full time and meets the requirements of the study programme to the full extent (100 %), whereat the study volume is calculated on a cumulative basis across the academic quarters. Upon applying for study allowance in the first academic quarter, only the fulfilment of the full time requirement is sufficient

On the basis of the maximum limit, the possible amount of allowance is divided into three stages:

• in case of monthly income of the applicant in the amount of up to 70 EUR – 220 EUR per academic month

• in case of monthly income of 70.01 to 140 EUR – 135 EUR per academic month

• in case of monthly income of up to 280 EUR – 75 EUR per academic month

Doctoral allowance

A doctoral student meeting the conditions of the Study Allowances and Study Loans ActStudy Allowances and Study Loans Act has the right to apply for a doctoral allowance for 12 calendar months. The amount of doctoral allowance shall be established for each month by the state budget. Most recently its amount was 383.47 EUR per month.

Study loan

A study loan is a loan guaranteed by the state which is granted to pupils and students in order to cover expenses related to the acquisition of education.

An Estonian citizen or a person staying in the Republic of Estonia on the basis of a long-term residence permit or permanent right of residence, the duration of whose studies according to the study programme is nine calendar months or more, has the right to obtain a study loan if he or she:

1) is enrolled in full-time study at an Estonian university in public law, at a state institution of professional higher education or at a private university or private institution of professional higher education operating on the basis of the Private Schools Act

2) is enrolled in full-time study on the basis of secondary education at a state or municipal vocational educational institution or at a private vocational educational institution operating on the basis of the Private Schools Act

3) is studying abroad at an educational institution and in a form of study similar to those specified in clauses 1) or 2) of this subsection

4) acquires higher education in part-time study pursuant to a teacher training programme at a university in public law, a state institution of professional higher education, a private university or a private institution of professional higher education and is employed as a teacher or educator or in another field of schooling and education for a minimum of eighteen hours per week

In the academic year 2013-2014, the maximum amount of study allowance is 1,920 EUR. A study loan can be obtained at each educational level and stage (at the first level of higher education – whether in professional higher education or Bachelor’s study, at the second level in Master’s study and at the third level in Doctoral study) during the nominal period of only one curriculum so many times as there are academic years – once in each academic year.

The running of the term for repayment of a study loan shall be suspended and the obligation to pay the interest does not arise:

• for the duration of any period during which the recipient of the loan is serving compulsory military service

• for one parent until the child attains 3 years of age

• for a resident physician until completion of residency

Further details on the application for study allowances and student loan are available on the home page of the Ministry of Education and Research.

Scholarships and educational programmes

Students of any age can apply for various scholarships from institutions, organisations and companies. Conditions for receiving scholarships are announced upon their establishment. Cooperation among Estonian institutions of higher education is facilitated by the European educational programmes. The details related to funding the studies and the curriculum should be thought through before applying to a foreign university. Information on scholarships and educational programmes is available on the home pages of universities and Foundation ArchimedesFoundation Archimedes.

ISIC card and other advantages

The name of the card arises from the first letters of the term International Student Identification Card. There are ISIC cards for pupils and university students. Various services at favourable prices are available upon showing the card (e.g. travelling by bus, favourable prices at book stores, for further information please see http://www.isic.ee/http://www.isic.ee/). The ISIC card is also accepted as a personal identification document.

PROTECTORS OF STUDENTS’ INTERESTS

Student self-governments or student representative boards

These have been founded in majority of Estonian schools. The objective of a student representative board is to give students the experience in organisational work and democracy, and it operates on the basis of statutes or school regulation. The student representative board sets as its objective to protect and represent the interests of students; organisation of cooperation between teachers, management of the school, parents, board of trustees and students; improvement of the situation of students; making the school life more lively outside the time of lessons; and the introduction of school events to fellow students.

Estonian School Student Councils’ Union (http://opilasliit.ee/http://opilasliit.ee/) is an umbrella organisation that unites 192 student self-governments.

University students’ representative council

Each university has its own students’ representative council which independently arranges the matters of student life, based on the interests, needs, rights and obligations of students. The Federation of Estonian Student UnionsFederation of Estonian Student Unions is an umbrella organisation that stands for the interests of students, representing 23 student bodies.

Corporations and students’ associations

These are closed organisations that teach manners and values to students. Historically, their members originate from the same region. Today, the organisation prevailingly consists of students of the same speciality.

NON-FORMAL AND INFORMAL EDUCATION

In the European educational terminology, education is often divided into formal, non-formal and informal.

Formal education prevailingly takes place in the school environment and is organised on the basis of curricula. Formal education is targeted, it is provided by teachers who have received special training and qualification. The study objectives are mostly established externally, the teaching process is monitored and assessed. Formal study is compulsory until a certain level or stage.

Informal education is, from the viewpoint of a student, non-targeted learning that is carried out in the everyday situations (e.g. in family, work place, at leisure time, etc.). Students mostly do not notice the results of informal study.

Non-formal education takes place outside the school and it is undertaken knowingly, with the objective to improve one’s knowledge. It is targeted, but voluntary and may take place is any environment, it may be provided by professionals as well as volunteers or people of the same age. See the home page mitteformaalne.eemitteformaalne.ee.

TRAINING

Professional training

Helps everyone to increase their professional knowledge and skills, it is provided by several private educational institutions, vocational educational institutions, institutions of higher education and professional associations. Training shall be paid for by the student or his or her employer.

Informal training

Informal training allows everyone to teach what he or she is interested in, develop oneself as a personality and acquire the knowledge and skills necessary for life. Completion of such training usually does not give any qualification and the student pays for it himself or herself.

Adult education

Adult education is regulated by the Adult Education ActAdult Education Act. Based on the objective, the adult education is divided into formal education, professional education and training, and informal education.

Formal education means acquisition of basic, secondary or higher education and is generally free of charge. Professional education and training provides the opportunity to acquire and develop professional, occupational and/or vocational knowledge, skills and experience and the opportunity for retraining. Informal education provides the opportunity to accumulate the knowledge, skills and abilities needed in life. Although informal education is mostly related to hobbies, it is difficult to draw the line between informal education and professional education.

RECREATIONAL ACTIVITIES, HOBBY EDUCATION, PEOPLE’S UNIVERSITIES

Recreational activities and hobby education

This is the area of youth work – the systematic guided pursuing of a hobby for the long-term (hobby education) or short-term (recreational activities) on the basis of free will, during the time outside of formal education and work. From 2007, it is regulated by the Hobby Education StandardHobby Education Standard. Hobby schools are divided into music, art and sports schools, technical, nature, creative and hobby houses and centres.

There are over 300 hobby schools with an education licence (see the databasethe database of education licences on the home page of the Ministry of Education and Research) and approximately 49,000 young people study at them, of whom 13,000 study at music or art schools, 19,000 at sports schools and 17,000 at other hobby schools.

In general, recreational activities and hobby education, as an area of youth work with long-term traditions, are mainly financed from the local budget. Information on hobby schools can be found most quickly on the home page of a local government.

People’s universities

People’s universities provide informal and professional in-service training for adults in order to cope better in life and labour market, deal with hobbies, acquire new skills and knowledge.

ACCREDITATION OF PRIOR LEARNING AND WORK EXPERIENCE

Accreditation of prior learning and work experience

(Varasemate Õpingute ja Töökogemuste Arvestamine, VÕTA)

This is a process by which a competent institution, based on specific criteria, assesses compliance of the applicant’s knowledge, skills and attitudes with the admission conditions of an educational institution, study outputs of the study programme or its part(s), or the competence requirements of the professional standard. If the competences of the applicant meet those requirements, they are taken into account upon complying with the admission conditions and study programme, or granting a profession.

It means that upon acquiring education or applying for a profession, a person can also take into account his or her earlier studies in case of certain subjects and/or modules (e.g. the knowledge prior acquired in formal education or learned during in-service training) or take into account work experience (communication and practical skills, specific competence). In this way, the unnecessary repeating of already acquired knowledge can be avoided and it is possible to focus on what is new and important in the study work. For furhter details, please see the home page of Foundation ArchimedesFoundation Archimedes.

PROFESSIONAL AND CAREER COUNSELLING

Career counselling means recommending an educational path, work, choice of profession or training necessary for receiving work, based on the education, work skills and personal traits.

At the representation offices of the Labour Market Board, there are career counselling consultants who have undergone special training. Advice is also given through Skype from the Unemployment Insurance Fund.

In order to receive counselling, a person must enrol himself/herself in the Labour Market Board as:

• unemployed

• a jobseeker who has received a notice of termination of employment contract

Career counselling may be beneficial mainly in case:

• a person has not undergone training necessary for work

• he or she does not have any earlier work experience and has little knowledge of work life

• he has not worked for long time and his professional skills are obsolete

• he or she cannot work in his profession because of health or for other reasons

• he or she cannot find employment corresponding to his or her profession

• he or she wants to assess his or her prerequisites for making a choice of profession, finding a suitable training and work

• he or she needs advice for more efficient job seeking

Career counselling enables:

• to obtain information on what is going on in the labour market, learning possibilities, requirements for professions and job seeking sources

• to elaborate one’s wishes for jobs and studies

• to assess one’s existing knowledge and skills as well as those that need further development

• to receive advice for making decisions concerning the choice of profession, study and job

• to receive guidelines for planning further activities and seeking a job

• to assess professional suitability by way of testing

Testing of professional suitability helps to find out one’s strengths (abilities, personal traits and interests). Testing is still only an activity that supports counselling and its need is decided by a career counsellor.

As a result of career counselling, a person can:

• better assess his or her prerequisites and possibilities in the labour market

• make a suitable choice from among the learning possibilities

• make more suitable decisions concerning the choice of profession and job

• write a curriculum vitae (CV) and an application for a job, and prepare for a job interview

• plan his or her professional career in a longer perspective

7. Family and Home

MARRIAGE

Contraction of marriage

As concerns marriage, the governing legislation is the Family Law ActFamily Law Act. In Estonia, a marriage is contracted between an adult man and an adult woman. Minors from 15 to 17 years of age may marry only by permission of a court. Minors under 15 years of age cannot be married. A declaration of intention from the persons getting married is required; the parents’ permission is of no legal importance.

A marriage cannot be contracted between persons of whom at least one is already married, between relatives in the ascending and descending lines, between brothers and sisters and half-brothers and half-sisters, or between an adoptive parent and adopted child.

Upon contraction of marriage in Estonia, Estonian legislation is applied, regardless of the citizenship or country of residence of the person(s) getting married. In order to contract a marriage, the man and the woman are required to submit a joint written application to a vital statistics office, notary or minister entitled to marry couples. A declaration of intention to contract marriage must be unconditional. A promise of marriage has no legal effect.

In general, a marriage is contracted within 1-3 months after submission of the application to a vital statistics office. For a justified reason, the office can shorten this term or prolong it for up to six months. The marriage is considered contracted as soon as “I do” is uttered. Marriage data are entered in the population register. If the spouses request so, a certificate of marriage is issued to them.

Documents required

The following must be submitted for contraction of marriage:

• joint written application

• identity documents

• birth documents (if the data is not listed in the population register)

• in case of persons who have been married earlier, a document proving that the previous marriage has ended or been annulled

• in case of minors, a court ruling on extension of the active legal capacity

• a document confirming the payment of the state fee

For registration of a marriage by a vital statistics office or a minister, a 19.17 EUR state fee must be paid. The state fee is not required if the marriage is registered by a notary, but the notary fee is 63.90 EUR plus VAT.

If an Estonian citizen or a person residing in Estonia wishes to contract a marriage outside Estonia, a certificate of capacity for marriage can be acquired from a county government or from a consular post of Estonia.

New surname

Upon contraction of marriage, a person can choose a new surname or keep the current surname. The general tradition is that the wife takes the surname of the husband. The new surname:

• may be the same as that of the spouse, which shall be the surname last used by one spouse prior to the marriage

• may consist of the last surname used prior to marriage followed by the family name of the spouse (linked by a hyphen)

Proprietary relations

When submitting an application for contraction of marriage, the prospective spouses are required to choose whether their proprietary relations will be based on jointness of property, set-off of assets increment, or separateness of property. If the prospective spouses do not specify their proprietary relations upon submission of the application, jointness of property is assumed.

Jointness of property

This means that the property acquired during the marriage is the joint property of the spouses. If one of the spouses wishes to enter into transactions with respect to joint property, consent of the other spouse is required. In case of divorce, the joint property is divided up equally between the spouses.

Set-off of assets increment

This means that the share added to the property of each spouse during a proprietary relationship (acquired assets) is set off between the spouses.

In case of separateness of property,

assets are the property of whichever spouse it is in the name of and who acquired it during the marriage.

A marital property contract enters into force on the date of contraction of marriage. The contract is entered into in notarised form, either before or during a marriage. The marital property contract may be amended by agreement between the spouses, or the parties may enter into a new contract. At the request of spouses, the data of a marital property contract are entered in the respective register. The marital property contract determines what property will remain separate property and how joint property is to be disposed of and, if necessary, divided. Under the marital property contract, joint property may not include property received by the spouse by way of a gift or inheritance, nor may the marital property contract deprive a spouse or divorcee of the right to receive financial support or alimony or cede the right to divide joint property upon the termination of the marriage. The marital property contact expires at the end of the marriage, upon entering into a new marital property contract, or upon termination of proprietary relations in a court. Marital property-related information in EstonianEstonian, RussianRussian and EnglishEnglish.

Divorcing a marriage

A divorce can be granted by vital statistics offices, notary or court. Vital statistics offices include county governments, city and rural municipality governments.

Vital statistics office

A divorce may be granted by a vital statistics office if both spouses reside in Estonia. For this, the spouses are required to personally submit a joint written application in Estonian and a document certifying the marriage. Submission of the document or data is not required if the necessary data can be acquired from the population register. Prior to application submission, a 25.56 EUR state fee must be paid.

If a spouse cannot appear in person (for a good reason) to file a joint application for divorce, he or she may submit a separate, notarised application. Documents in a language other than Estonian must be submitted with a translation certified by a notary, consular post official, or sworn translator. A foreign document serving as the basis of marriage data registration must be legalised or apostilled, unless specified otherwise by an international treaty.

Notary

A divorce is granted by agreement of the spouses, based on a joint application to be filled in at the notary’s office. The spouses are required to present identity documents and a document certifying contraction of the marriage (if the marriage has not been registered in the population register). If a spouse cannot appear in person (for a good reason) to file a joint application for divorce, he or she may submit a separate, notarised application. Any documents issued in foreign states must be translated into Estonian and the translations provided with the notary’s, sworn translator’s, or consular post official’s confirmation with respect to the accuracy of the translation.

After submission of the application, the notary determines the actual date of divorce registration. Presence of both spouses is required on that date. If a spouse cannot appear in person (for a good reason) on the specified date, he or she may submit a separate consent for divorce registration certified by a notary or consular post official. The notary fee for divorce certification is 63.90 EUR; it includes receipt of the application for divorce, counselling prescribed by law, and registration of the divorce.

Court

A court grants divorce if the spouses disagree about the divorce or the circumstances relating to the divorce or if a vital statistics office is not competent to grant divorce. Upon submission of the statement of claim for divorce, a 100 EUR state fee must be paid. If the application is submitted electronically, via the home page www.e-toimik.eewww.e-toimik.ee into the e-File processing information system, the state fee is 75 EUR.

CHILDREN

The birth of a child must be registered based on an application by the parent at the vital statistics office within the first month of the child’s life. For a good reason (which must be notified to the vital statistics office), the term for registration may be extended to two months.

Births are registered by the county government (in a county seat), rural municipality or city government (in a local government), or vital statistics departments.

Registration of birth

The following must be submitted for registration of birth:

• application for registering childbirth

• medical agency’s certificate regarding childbirth

• identity documents of the parents

• marriage document, if it has not been entered into a register

• if the birth is registered by one of the parents, the parent is required to present an application by the other parent regarding the desired name of the child

• application for accepting paternity submitted in person or in notarised form

Upon birth registration, a birth certificate is issued to the parents, if requested. Registration of birth and first issue of the birth certificate is free of state fee. The birth of a child will not be registered in Estonia if it has already been registered in a foreign state. In order to enter the data regarding childbirth in a foreign country into the population register, the respective documents translated into Estonian, Russian, or English and legalised or apostilled are submitted to the county government or an Estonian consular post in the foreign country.

A parent who is a minor

A parent who is a minor can submit the application for birth registration only if his or her active legal capacity has been extended by a court. If a parent who is a minor is married to the child’s other parent who is an adult, the latter parent submits the application for birth registration. Otherwise, the application for registration of a child must be submitted on behalf of a parent who is a minor by the rural municipality or city government of his or her residence.

Naming a child

A given name and surname are assigned to a child upon agreement between the parents. If the parents should fail to reach an agreement, a guardianship authority shall decide which given name is assigned to the child. A given name may consist, upon assigning, of not more than three names written as several words or two names linked by a hyphen (for example, Mari Ann Mai or Mari-Ann). A given name must comply with good morals and the person’s sex. A given name may not contain numbers or non-alphabetical signs, or form a well-known name together with the surname. Exceptions may be made if, due to their citizenship, family relations, nationality or other circumstances, a child or the parents of a child have personal connection to the foreign-language name tradition and the name applied for complies therewith. The spelling of an Estonian given name must be in accordance with the rules of orthography of the Estonian language. The spelling and pronunciation of an Estonian given name must be the same and foreign letters (such as c, č, q, w, x y), foreign word letters (f, š, z, ž), foreign letter combinations (th, sh), or names beginning with g, b, d are not allowed. A non-Estonian given name must comply with the rules of orthography of the respective language and be in use in the respective foreign state as a given name, proof of which may be required from the parents.

A child can be assigned the surname of the parents if the parents have a joint surname or the surname of one of the parents upon agreement between the parents having different surnames. In case of multiple birth, the children are assigned the same surname. The governing legislation is the Names ActNames Act.

Parent’s right of custody

This is the parents’ obligation and right to care for their minor child. It includes the right to custody over a person (to care for the person of the child), the right to custody over property (to care for the property of the child), and the right to decide on matters related to the child. Parents who do not have the right of custody also have the obligation to care for their child.

Granting of the right of custody

The parents who are married to each other have joint custody over their child. If the parents of a child are not married to each other at the time of birth of the child, they have joint right of custody unless they have expressed their wish to leave the right of custody only to one of the parents.

A child has the right to maintain personal contact with both parents. Parents who do not have the right of custody still have the right of access to the child. The right of access can be restricted by a court. If parents who have joint right of custody are permanently separated, they must jointly decide on essential matters relating to the child. The parent with whom a child resides with the consent of the other parent or based on a court decision has the right to decide on everyday matters (usual care) of the child without consulting with the other parent. For further information on the right of custody, see the Family Law ActFamily Law Act.

Representation of a child

A parent who has the right of custody is the legal representative of a child. In general, parents have joint custody and divorce or permanent separation does not change this automatically. If making a joint declaration of intention of the parents would cause a delay in conflict with the interests of the child, a parent has the right to enter into necessary transactions and perform necessary acts in the interests of the child alone. In this case, the other parent must be immediately informed of the acts. If a parent represents a child independently, consent of the other parent is presumed.

A parent represents his or her child alone if he or she has sole custody over the child, or the powers of decision have been transferred to him or her in some specific matter by a court.

Restriction, amendment, and suspension of right of custody

Measures restricting the right of custody are applied by a court. Upon establishment of such restrictions, the court must follow the child’s interests. If both parents or one of the parents wish to make changes with respect to the right of custody, this is decided by a court. If a parent cannot represent his or her child because of restriction of active legal capacity or due to factual hindrances, his or her right of representation is suspended (by a court). If the right of custody of both parents has been suspended, a guardian is established for the child by a court. The court proceedings for restriction of the right of custody are provided for in the Code of Civil ProcedureCode of Civil Procedure (§ 550, Family matters on petition).

Alimony

Pursuant to the Family Law Act, the parents are required to provide maintenance to their children. In most cases, this means maintenance obligation towards minor children, but may also mean the obligation towards other descendants or ascendants who needs assistance and is unable to maintain himself or herself. Alimony is the money paid to provide maintenance to a child. The monthly support payment for one child may not be less than half of the minimum monthly wage established by the Government of the Republic. If the financial status of the parent raising the child, the financial status of the other parent, or the child’s needs should change, a statement of claim can be submitted to a court for changing the amount of support.

A child who continues to acquire basic or secondary education in basic school, upper secondary school or vocational school as an adult is also entitled to receive support, but not more than until he or she attains 21 years of age.

Maintenance allowance

This is a one-time state support to a parent raising a child alone and taking care of his or her maintenance, who lodges a claim in court for the payment of maintenance. The maintenance allowance is paid for up to 90 days and its daily rate is 1/3 of the child allowance rate.

If a parent or spouse violates the obligation to provide maintenance to the child, the entitled person may request payment of the maintenance allowance through court.

The procedure for payment of maintenance allowance is regulated by the Maintenance Allowance ActMaintenance Allowance Act.

Adoption, appointing a guardian, and foster care are the options available for allowing a child deprived of parental care to grow up in a family environment.

Adoption

Adoption results in the creation of a parent-child relationship between the adoptive parent and the child. Adoption is for an unspecified term and unconditional. Only a minor child can be adopted; adopting is permitted in the interests of the child and if there is reason to believe that a parent-child relationship will be created between the adoptive parent and the child. Only a child whose parent(s) have given consent to the adoption, whose parent(s) are dead or have been deprived of parental rights may be adopted. The prospective adoptive parent submits the respective application to the county court; the adoption is decided by the court. In general, adoptive parents must be 25 years old or older. A person younger than 25 years of age may become an adoptive parent with a court’s permission. A child who is at least 10 years of age may be adopted only with his or her consent. The wishes of a child younger than ten years of age must also be considered if the development level of the child so permits. International adoption is organised by the Ministry of Social Affairs. Adoption is governed by the Family Law ActFamily Law Act.

Guardianship

Guardianship of a minor child is established for the raising of the child, and the protection of his or her personal and proprietary rights and interests. If neither of the parents of a child has the right of representation or if it is not possible to ascertain the origin of a child, a guardian is appointed to the child. A guardian has both the right of custody over the person and property of the child. A court decides on the establishment of guardianship. A person may be appointed guardian only with his or her written consent. A guardian can be an adult natural person with active legal capacity. A legal person can also be a guardian (for example, the local government required to perform the duties of a guardian until one is appointed). In general, guardianship is performed free of charge. Guardianship is governed by Part 3 of the Family Law Act.

Foster families

These are an alternative to child care institutions (such as children’s homes or shelters). The goal is to reunite the child with his or her family. Orphans and children without parental care can be entrusted to foster families.

The person desiring to serve as the caregiver submits a written application to the municipality or city government of his or her location, which makes the decision within one month. For foster care, a written agreement is concluded between the rural municipality or city government and the caregiver. Pursuant to the State Family Benefits ActState Family Benefits Act, foster care allowance is paid at twenty times the child allowance rate.

Requirements for persons providing foster care and their family members, rights of caregivers, and the process of child referral to foster care are provided in the Social Welfare ActSocial Welfare Act.

Substitute home

Substitute home service means meeting a child’s basic necessities, the creation of a secure living environment promoting his or her development and preparation of the child for coping in accordance with his or her abilities as an adult. A child whose parents are incapable of taking care of him or her are entitled to substitute home service. A child may live in the substitute home until he or she attains 18 years of age, under certain conditions (upon acquiring an education) even longer.

The substitute home service is regulated by the Social Welfare ActSocial Welfare Act, the new versions of which enter into force in 2014 and 2015.

Children’s rights and responsibilities

Children have the right to life and development, protection, health protection, privacy, care by both parents, name and citizenship, mother tongue and culture, education, free expression of one’s opinion, playtime and resting time. For further information on children’s rights, follow the linkfollow the link to the home page of the Ombudsman for Children. The Ombudsman is an independent official who protects the rights of individuals or groups of people when they interact with state institutions, local government institutions and other executors of state power. The Ombudsman for Children protects the rights of children and youngsters when they interact with executors of state power.

Children have responsibilities to their parents, family, and society. The rights and responsibilities of children are provided for in the Child Protection ActChild Protection Act.

In addition to the Ombudsman for Children, there are other institutions standing for the interests and development of children, such as the Estonian Union for Child WelfareEstonian Union for Child Welfare, Estonian Association of Large FamiliesEstonian Association of Large Families and Foundation Estonian Children’s FundFoundation Estonian Children’s Fund. For the complete list of these, follow the linkfollow the link.

Domestic violence

In case of domestic violence, the violator and the victim are members of the same family; violence occurs between family members or a family member and a close relative.

If a child witnesses violence between adults at home or elsewhere, this is also considered domestic violence. Children forced to witness an act of violence are indirectly the victims of the same act of violence.

For further information on domestic violence, follow this link: http://www.kuriteoennetus.ee/35927http://www.kuriteoennetus.ee/35927.

In case of domestic violence, it is important to seek help. The organisations and shelters offering assistance in case of domestic violence are listed on the home pageon the home page of the Ministry of Social Affairs.

Childcare institutions

The municipality or city government must create the possibility for all children in its district to attend a crèche or nursery school near their home. Parents may freely choose between schools with vacancies. Children with permanent residence in the same municipality or city are given preference, followed by the children of parents working in the service area. Children from other districts are also accepted for vacancies. The application for enrolment in a nursery school should be submitted to the nursery school as early as possible. The municipality or city government establishes the procedures for admission of children.

In addition to childcare institutions administered by local governments, there are private nursery schools.

Family benefitsFamily benefits

The purpose of family benefits in Estonia is to ensure for families with children the partial reimbursement of expenses relating to the care, raising and education of children. The two most common possibilities for supporting families with children are family benefits and tax incentives. For further information, refer to brochure № 5.

WILL AND SUCCESSION

Succession contract

Succession may take place pursuant to a succession contract, a will, or law.

A succession contract is entered into, amended or cancelled in notarised form. The bequeather cannot change a succession contract unilaterally; therefore, it is a very binding arrangement. A succession contract is an agreement by which: 1) a party to the contract is nominated a successor; 2) an intestate successor renounces the succession.

If a person is named a successor, he or she may also need to assume obligations toward the bequeather.

Will

By a will, the bequeather can make changes regarding intestate successors. For as long as the bequeather is alive, the will results in no estate-related rights or responsibilities for the successor. The bequeather is entitled to enter into transactions with respect to assets specified in the will.

If a bequeather has made a valid will, the persons whom he or she has named in the will as his or her successors will succeed him or her. If the bequeather has named a relative in the descending line (child, grandchild, etc.) as a successor, but the latter has died after the will was made and before the bequeather’s death, his or her share of the estate will be transferred to his or her descendants.

A will can be cancelled by a subsequent will or succession contract.

Law of Succession ActLaw of Succession Act

Succession is intestate if the bequeather has not left a valid will or succession contract. First order intestate successors are the spouse and the children or grandchildren of the bequeather. Upon succession, adopted children have the same rights as biological children. Second order intestate successors are the parents of the bequeather and their descendants. Third order intestate successors are the grandparents of the bequeather and their descendants.

Second order successors succeed if there are no first order successors. Third order successors succeed if there are no second order successors either. If the successor dies before the bequeather, his or her children inherit the share of the deceased person’s estate.

If there are no successors, pursuant to the Law of Succession Act, the local government (city or rural municipality) is the intestate successor. If there are no successors and the bequeather’s last place of residence was in a foreign state, the Estonian state is the intestate successor.

If the successor does not renounce the succession within three months of learning of the bequeather’s death, he or she is considered to have accepted the succession.

Successor

Any person with passive legal capacity can be a successor, including a child born after the death of the bequeather if the child was conceived by the time of the bequeather’s death. A person who has caused the bequeather’s death (except in cases where it was in self-defence), or has prevented the bequeather from making or changing a will or a succession contract, is not eligible for succession. Furthermore, a person who has removed or destroyed the will or succession contract after the bequeather was no longer able to renew it has no right for succession. A parent who has lost parental rights cannot be an intestate successor of his or her child.

How to make a will

The Law of Succession ActThe Law of Succession Act establishes very strict format requirements for a will. If these are not followed when the will is made, the will is considered invalid and succession proceeds pursuant to law. A will should definitely be made if there is an intention to leave a bequest to a person (or persons) who would, by means of intestate succession, inherit nothing or less than what the bequeather wants to leave him or her (or them). The options are as follows:

• making a notarised will

• storing the will with a notary (notarised wills)

• signing the will with witnesses present

• writing the entire will autographically (domestic wills)

For the general principles of preparing, formalising and revoking a will, follow the linkfollow the link.

Community of the estate

Community of the estate means that the estate and the rights and obligations involved in the estate belong jointly to all co-successors. As a result, they can dispose of (for example, sell) any items in the estate only jointly, which in turn means that the consent of all co-successors is required for selling any single item. In case of community of the estate, co-successors can dispose of as well as divide the estate. A co-successor may independently dispose of his or her legal share of the community of the estate.

The succession registerThe succession register is an electronic national register that contains data on wills, succession contracts and succession matters. The Harju County Court maintains the succession register. The succession register was introduced on 1 October 1996.

Estate

Pursuant to the Law of Succession Act, an estate is the property of the bequeather. The bequeather’s rights and obligations that are inseparably connected with the bequeather’s person pursuant to law or by nature are not considered as an estate. The estate is transferred to the successor at the moment of the opening of succession, although the final formalisation takes place at a later time.

Debts in case of succession

In addition to assets and rights, the estate also includes the bequeather’s liabilities, which may even surpass the value of the assets.

The debts of the deceased become the liability of the successors who have accepted the succession. If there is more than one successor, the bequeather’s debts are distributed among the successors in proportion to their share of the estate. The successors have solidary liability toward the creditor of the deceased – that means that the creditor may demand the repayment of the entire debt from any one successor, regardless of the size of his or her share of the state. However, once the successor has repaid the debts, he or she may collect the amount that surpassed his or her share of the liabilities from the rest of the successors, depending on the size of their shares. If the debts of the deceased surpass the value of the estate, the successor must repay the debts also from his or her own assets.

It would be reasonable for a successor to request making of an inventory of the estate by a bailiff. If the inventory makes it clear that the liabilities surpass the assets, the successor must request from a court the declaration of bankruptcy of the deceased, in order to limit his or her liability.

Renunciation of succession

The deadline for renunciation of succession is three months from the moment when the successor learns of the bequeather’s death and his or her right of succession. In order to renounce the succession, an application for renunciation of succession must be submitted within three months of the bequeather’s death or of learning of one’s right of succession. A notary may extend the three-month deadline or set a new deadline if the person eligible for succession has passed the deadline with good reason and if other persons eligible for succession do not object. Once succession has been renounced, it can no longer be accepted.

Succession procedure

By a will, a person can be given specific items or benefits included under the estate or a successor released from an obligation included under the estate. Such items or benefits are referred to as ‘legacy’, and the legatee has the right to demand performance of the related obligations from the successors. The difference between a successor and a legatee is that only a specific benefit has been given to the legatee, while the successor inherits the bequeather’s rights and obligations.

To initiate a succession procedure, the successor submits to the notary a succession application that the notary notarises. In order to initiate the succession procedure, the application may be submitted by the successor, a creditor of the successor, a legatee or another person who has rights to the estate. The notary issues to the successor a succession certificate, once he or she has determined the whole circle of successors, and the successor’s right of succession and its extent have been demonstrated well enough. A notary cannot issue a succession certificate until a month has passed from the announcement of the initiation of succession procedure in the official publication Ametlikud TeadaandedAmetlikud Teadaanded (Official Notices). Once the right of succession and its extent have been sufficiently demonstrated by the notary, the notary notarises the succession certificate, the issuance of which also signifies the end of the succession procedure.

For information on issues related to will, succession, and other legal issues encountered in everyday life, visit the portal Jurist AitabJurist Aitab; information on notaries can be found on the home page of the Chamber of Notaries of the Republic of EstoniaChamber of Notaries of the Republic of Estonia.

REGISTRATION OF A DEATH, FUNERALS

To register a death, an applicationapplication should be filed with a vital statistics office within seven days of the date of death or the date on which the deceased person was found. A death can be registered by a spouse, relative, relative by marriage, person who was living with the deceased, head of an agency that provided health care services, police official, or other person who possesses the respective data. The application can also be filled in at a vital statistics office. Deaths are registered by the county government (in a county seat), rural municipality or city government (in a local government), or vital statistics departments.

A death is registered within three working days after submission of the application. The following must be submitted for registration:

• medical death certificate or court decision on establishing the fact of death or regarding declaration of death

• identity document of the deceased

• identity document of the applicant

A death registration is prepared and a death certificate is issued by request. Registration of death and first issue of the death certificate is free of state fee. In order to enter the data regarding death in a foreign country into the population register, the respective documents, translated into Estonian, Russian, or English and legalised or apostilled, are submitted to the county government or an Estonian consular post official in the foreign country. Funerals are not allowed before registration of the death in a vital statistics office – in other words, funerals are allowed based on the death certificate (not medical certificate).

For additional information regarding funerals, follow the linkfollow the link.

HOUSING

Registration of residence

All residents of Estonia are required to make sure that their residence data as listed in the population register are correct. Registration of residence means that the data on the person’s residence is entered into the population register.

A notice of residence is to be submitted to the rural municipality or city government (in Tallinn, city district government) official responsible for the population register (registrar) if the person:

• moves to a new address

• moves within Estonia

• moves abroad

• moves back to Estonia from abroad

• discovers that his or her data in the register are lacking or incorrect

Address of residence data have legal effect at Riigikogu, European Parliament and local government council elections, referendums and opinion polls, and upon payment of taxes into the budget of the local government.

A person living in a foreign country can communicate a change in residence to an embassy or consulate (above all, this is required in order to be able to vote in elections). If a person has several addresses as a residence, he or she shall submit one of the addresses to the population register, at his or her discretion. Contact data may also be submitted on the notice of residence (phone number, e-mail address).

A notice of residence can be submitted via the local government official responsible for population register or via the state portal www.eesti.eewww.eesti.ee, as well as by mail or e-mail (in digitally signed form). For the list of documents and conditions, follow the linkfollow the link.

Housing construction

To initiate construction, building design documentation and a construction permit are required (except in the case of small construction works). The area is governed by the Building ActBuilding Act and the local government’s building regulation.

Organisation of planningplanning activity on the territory of the municipality or city is in the competence of the local government, which ensures the existence of the necessary plans on which the use of land and construction are based, and adherence to the plans. The local government shall notify the public regarding prospective comprehensive plans and detailed plans in a newspaper at least once a year (the so-called public display). Initiation of construction planning must be communicated in writing to the owners of neighbouring plots, as well as to owners of the land for which the detailed plan is being prepared, within two weeks of initiation of the plan.

The inhabitants may already during the planning period state proposals or objections to the plan, to which the local government or county governor shall respond within four weeks. If objections to the plan are raised, a public discussion is held within six weeks of the end of the public comment period.

For information on construction and obligations of the building owner, follow the link.

Purchase of housing

A contract must be concluded when purchasing immovable property, which needs to be notarised. The notary shall verify the information necessary for notarising the transaction and represent the parties to the transaction in dealings with the land registry department.

For further information on concluding a purchase and sale contract, follow the linkfollow the link.

Land registryLand registry

All registered immovables (immovable property or plots of land, apartment ownerships, and rights of superficies) are entered into the Land Registry. The Land Registry ensures the legal certainty of property ownership and hedges the risks of real estate transactions. The registration departments of county courts maintain the Land Registry.

Apartment association

An apartment association is a non-profit association established by apartment owners aimed at the cooperative management of apartment ownership and representing the common interests of apartment association members. An apartment association may be founded by one building or several buildings, but only within the boundaries of one registered immovable. Founding an apartment association takes place based on a majority decision of the apartment owners. An apartment association may be founded only if its prospective founders are the owners of the relevant apartments. The activity of apartment associations is governed by the Apartment Associations ActApartment Associations Act.

A housing association differs from an apartment association in that the housing, including the apartments, belongs to the association and not the residents.

Renting of housing

When renting a place to live, a written rental contract must always be concluded. Even though legislation allows rental contracts to be concluded orally as well, it is much easier in the case of disputes to recur to a written contract to substantiate intent and agreements reached between the parties.

A landlord may be either a private owner or local government (municipality, city, or city district). Premises rented out by a local government can be classified as either municipal housing or public housing. Public housing provides shelter for families in difficulties and people who are not coping. Such people can stay in public housing until they have managed to improve their financial security. For further information on rental relations and preparing a rental contract, follow the linkfollow the link.

8. Civil Society, Everyday Life and Free Time

CIVIL SOCIETY

Civil society is a participation society, which involves people on the basis of their interests and abilities, and includes personal initiative based cooperation for taking part in discussing and deciding public matters. Every citizen can present ideas and proposals to the government and have an active say in state issues.

Three sectors of the society

The public or state sector is focussed on protecting general and national benefits, the relevant policy-making, legislation, etc., both at the national and local level. It includes state and local government bodies and institutions under public law.

The business sector is focussed on generating a profit through entrepreneurship (the term ‘private sector’ includes both the business sector and the non-profit sector).

The third sector (also the non-governmental sector, the non-profit sector, the civil society) is a term used for non-state organisations and non-profit associations. In the course of recent developments the sector has been divided into two: the professional non-profit sector where people get paid for representing and promoting public interests, providing services, etc., and the purely voluntary civil initiative based activities of people from all the sectors.

The organisations operating in the third sector are non-profit associations, foundations and societies. Many of the non-profit associations are citizens’ associations, i.e. non-profit organisations established by private individuals (not public institutions) and unions of such organisations. The third sector also includes trade unions, parties, organisations established for the protection of business interests, professional associations and other such that are not usually considered as business enterprises or enterprises acting in public interests. At the same time, there are non-profit associations and foundations, which have been created by public authorities and act in public interests, but these are not non-profit associations in the meaning of citizens’ initiative (i.e. it is difficult to say what sector these are in).

Citizens’ movements balance and complement the public authority and the business sector in a society. Non-profit associations can be established for acting in public interests or for the benefit of the entire society, or for protecting the interests of a smaller community or region, or for entertainment purposes and practicing hobbies together. Foundations and societies, however, may be profit-seeking organisations. Revenue may be generated in all three, but unlike businesses, non-profit associations, foundations and societies cannot distribute their profit. In the case of a non-profit association the main decisions are made by members (the general meeting) and in the case of a foundation (which does not have members) by the appointed supervisory board or founders (if they have been granted such rights). Societies, which are not legal persons, are managed by society members on the basis of their mutual agreement.

Which form of operation to choose?

That depends on the objectives of an association and the planned activities. In Estonia, about 100 non-profit associations are established every month, as it is the easiest besides societies. In more complicated cases, particularly when assets are involved, establishing a foundation should be considered.

Non-profit associations also include trade unions, parties, creative unions and many other associations, which are generally subject to additional requirements and specific laws. Further information about establishing an organisation is available on the home page www.ngo.ee/enwww.ngo.ee/en or from the local county development centre consultants.

If you wish to do something on your own or with people with similar interests, first have a look on the Internet to see who is already operating in the particular area. There might be no need to establish a new organisation and you can join an existing one instead.

INVOLVEMENT AND THE RELATED TERMS

Involvement

Involvement is an activity of public authorities, aimed at giving citizens or their representative organisations the possibility to participate in making decisions that influence them, also in legislation. That means an improved application or activation of the membership of an association or a target group in achieving their objectives and making the relevant decisions, and includes informing and consulting various interest groups.

A state institution, citizens’ association or representative organisation preparing a strategic document involves stakeholders from all the sectors in the decision-making process, in order to ensure that the document is well balanced and based on public interest, hoping to improve the quality and social legitimacy of decisions.

Interest groups

Interest groups or stakeholders are associations acting in common interests (e.g. non-profit associations, movements, umbrella organisations and networks). The terms stakeholder and social partner are used in the same meaning.

Consultation

Consultation is a process prior to decision-making, during which public authorities give other interested parties (including experts, stakeholders and the public) the possibility to present their opinions. That requires providing sufficient information, enough time and the highlighting of various possible decisions.

Participation

Participation is the possibility of a person or interest group to have a say in decisions that involve them.

The new Good Engagement Code of PracticeGood Engagement Code of Practice has been approved at the government level, directly aimed at providing clearer guidance on the organisation of engagement and harmonising the engagement practices of government institutions. The broader objective is to increase the transparency of decision-making and the trustworthiness of the government sector in its relations with stakeholders and the wider public. The said document formulates guidelines primarily for informing interest groups and organising public consultations. As of now, the majority of ministries have adopted the document.

CITIZENS’ INITIATIVE AND CIVIL COURAGE

Citizens’ initiative

The objective of the Concept of Development of the Estonian Civil Society adopted by Riigikogu is the broader engagement of citizens and their associations in policy-making and the preparation of legal acts. In order for people to be able to have an active say in issues important for the society, the participation portal www.osale.eewww.osale.ee has been created. Citizens are welcome to present both practical and topical opinions and proposals and criticism together with proposed solutions. The topics are divided by the areas of responsibility of ministries.

The participation portal allows citizens to:

• present ideas and proposals to the government

• collect signatures for the support of citizens’ initiatives

• express an opinion on the draft legal acts of the government

• search legal acts or strategy documents

Information about the government’s plans can also be found on the ministries’ home pages. Draft legal acts, which have been sent for approval between ministries, are published in the draft acts information systemdraft acts information system.

Civil courage

We usually understand civil courage to mean that we as citizens express our opinion publicly in a situation that we see as unjust towards others or otherwise problematic, or help our fellow citizens in increasing their sense of security (detaining a criminal, intervening in harassment, etc.).

In 2004, the state started issuing badges of civil courage to value citizens’ courage in preventing crimes and helping victims. The badges of civil courage are issued by the Minister of Justice.

A badge may be issued for:

• averting or preventing a crime

• detaining a criminal

• helping a crime victim

• or for any other significant contribution to increasing the sense of security of fellow citizens

FINANCIAL RESOURCES IN THE THIRD SECTOR

Project grants and funds

The range of third sector organisations is wide and varied and there are many possibilities for receiving support depending on the particular association, the established objective, etc. It is impossible to provide an exhaustive list, but some links can be given.

Citizens’ organisations may apply for support for their activities both from European structural fundsEuropean structural funds (e.g. the European Social FundEuropean Social Fund, the Integration Fund, the Refugee Fund, and others) and from Estonian funds (this includes, for example, the subsidies granted by the Council of Gambling TaxCouncil of Gambling Tax). Financing provided by some European funds is coordinated by a relevant foundation in Estonia, e.g. the National Foundation of Civil SocietyNational Foundation of Civil Society, the Foundation InnoveFoundation Innove, the Integration and Migration Foundation Our PeopleIntegration and Migration Foundation Our People (MISA), the Open Estonian FoundationOpen Estonian Foundation (which is the Estonian cooperation partner of the Open Society Foundations network). Individual funds and foundations support projects in specific areas (e.g. labour market and other social areas, cultural integration, strengthening the civil society and the networks of citizens’ organisations, providing assistance to refugees, youth work, etc.).

Donations and sponsoring

A donation is a voluntary financial or other gift, which does not entail obligations, favours or the provision of services.

Charity is a voluntary and unplanned activity driven by compassion, sympathy or custom.

Sponsorship entails the sponsor’s wish to receive public recognition. Support is often provided for a particular activity (event, trip, training, competition, etc.), generally involves mutual obligations (e.g. on the basis of an advertising agreement) and may constitute direct expenses for the sponsor, rather than donations.

Taxation of donations

The taxation of donations depends on both the identity of the person who makes the donation and the person who receives the donation.

If the person receiving the donation or gift has not been entered in the list of beneficiaries, income tax must be paid on the entire gifted or donated amount. The official name of the list is ‘The list of non-profit associations, foundations and religious associations benefiting from income tax incentives’ and it is published twice a year in the Riigi Teataja (State Gazette). Local government and state institutions do not pay income tax on gifts and donations.

In addition, income tax is not payable on gifts, which are received for advertising purposes and the value of which without VAT is up to 10 EUR. The value is determined on the basis of the market price of every gifted item.

Gifts and donations made to persons subject to income tax incentives are exempt from tax in the extent of a certain limit. Taxpayers themselves may choose which of the following limits they wish to apply:

• either 3 % of their total amount of payments, which are subject to social tax and have been made in the calendar year (i.e. 3 % of the salary fund) or

• 10 % of their profit of the last financial year

If a natural person makes a donation or gives a gift to a charity organisation subject to income tax incentive, he or she can record the donation upon declaring his or her income. A natural person may deduct up to 5 % of his or her taxable income. In addition to the entities entered in the list, deductions may be made for donations to the research, culture, sports, education or social welfare institutions of local governments, administrators of protected areas, public universities or political parties. Deductions can also be made for donations made to a foreign association considered as an entity subject to income tax incentive.

VOLUNTARY WORK AND ACTIVITIES

Voluntary activities have three main attributes:

• the activities are based on free will

• the person carrying out the activities does not receive any financial or proprietary gain

• the activities are carried out outside the person’s own home and family, for the benefit of someone else or the society

In addition to citizens’ associations, voluntary work opportunities are also offered by national social work or education institutions (e.g. shelters, schools, libraries, and youth centres). A list of organisations facilitating voluntary work is available on the home page www.vabatahtlikud.eewww.vabatahtlikud.ee.

In Estonia, MTÜ Vaba TaheMTÜ Vaba Tahe is involved in the promotion and development of such activities. Once a year, on 5 December – the International Volunteer Day – an event to recognise volunteers is held in Estonia. The aim of the event is to recognise and thank volunteers on behalf of the Estonian state. The President of the Republic is the patron of the recognition of volunteers.

YOUTH ORGANISATIONS

Information about youth associations active in individual regions can be obtained from youth centres, youth information centres and the Internet. The Estonian National Youth Council unites 63 youth organisations operating in Estonia, see www.enl.eewww.enl.ee.

TRAVELLING

Estonia belongs to the European Union and the Schengen visa area, which among other things means that Estonian citizens generally do not need a visa when travelling to other European countries. The following countries of the European Union and the European Economic Area do not require a visa:

Austria, Andorra, Belgium, Bulgaria, Spain, Holland, Croatia, Ireland, Iceland, Italy, Greece, Cyprus, Liechtenstein, Luxembourg, Latvia, Lithuania, Malta, Monaco, Norway, Poland, Portugal, France, Sweden, Romania, Germany, San Marino, Slovakia, Slovenia, Finland, the United Kingdom, Denmark, Czech Republic, Hungary and Switzerland. Both a valid passport and a personal identification certificate (ID card) are acceptable when travelling to the territory of these countries. In addition to the listed countries, Estonian citizens may use the ID card for travelling to Bosnia and Herzegovina, Croatia, Macedonia, Montenegro* and Serbia. Estonian citizens may stay in all the listed countries for up to three months (*excluding Montenegro, where one can stay for up to 30 days on the basis of a valid ID card).

When travelling outside Europe, you can find the list of countries that are visa-free for Estonian citizens (together with additional terms) on the home page of the Ministry of Foreign Affairshome page of the Ministry of Foreign Affairs.

If an Estonian citizen wishes to look for a job or settle, work or study in another EU Member State, he or she has to register his or her stay in the country. In order to do that, he or she has to turn to the local competent authority not later than within three months from the day he or she entered the country. The Estonian Ministry of Foreign Affairs would like to point out that if an Estonian citizen stays in another Member State for longer than three months and has to register his or her stay, a passport may be required (for further information, see www.vm.eewww.vm.ee).

Travelling to Estonia

Upon arriving and staying in Estonia, the citizens of the EU and the Schengen visa area are subject to the same terms and conditions that are applicable to Estonian citizens in their country. The holders of diplomatic and official duty passports of some countries do not need a visa for travelling to Estonia. The Schengen visa must be applied for in order to come to Estonia. A valid Schengen visa that has been issued in another country can also be used for entering Estonia. For further details, please visit the home page of the Ministry of Foreign Affairs at: Applying for a visaApplying for a visa.

Consular assistance

During their stay abroad, Estonian citizens are entitled to receive consular assistance. The most important task of Estonia’s representations (embassies, consulates and honorary consulates) abroad is to provide help and advice to Estonian citizens and legal persons in the relevant country and, if necessary, take measures to protect their rights and lawful interests and to process their applications in accordance with the procedure established by law.

If you do not know what to do in an emergency situation, please contact the on-duty official of the Consular Department of the Ministry of Foreign Affairs by telephone +372 53 019 999 or the 24-hour on-duty secretary of the Ministry of Foreign Affairs by telephone +372 6 377 000.

Foreign representations of the Republic of Estonia provide assistance in the following cases:

1. In the case of documents being lost or stolen, a person needs a document in order to return to Estonia. An Estonian citizen or permanent resident, who has lost a visa or passport, must personally turn to the embassy to get a certificate or permit for returning to Estonia.

He or she has to submit an application, two 40×50 mm photos and a police certificate concerning the registration of the loss or theft of the document. Certificates or permits of return are issued free of charge. It is not intended for living in the country of location or for travelling to a third country, but just for immediately returning to Estonia.

N.B.! The laws and regulations of the country of location must be complied with when staying abroad.

Non-familiarity with laws does not release anyone from responsibility.

2. Upon an Estonian citizen or a permanent resident without citizenship being detained abroad in connection with a potential offence, the detainee has the right to request the immediate notification of a consular official and a meeting or telephone conversation with a consular official within a short term after the detention, as well as to request a lawyer or the notification of relatives. That can be done by the detained person himself or herself or by the official who detained the person. The detainee has the right to use the assistance of an interpreter, if he or she does not speak the language in which the interviews are held.

3. Upon falling victim to a disease, accident, natural disaster or crime, Estonian citizens and permanent residents without citizenship have the right to turn to the nearest foreign representation or honorary consulate of the Republic of Estonia for assistance.

4. In the case of the death of an Estonian citizen or permanent resident abroad, the relevant foreign representation issues the documents necessary for transporting the remains to Estonia and provides assistance in organising the matters related to inheritance.

A foreign representation does not fulfil the tasks of a travel agency, health insurance fund or credit institution. It cannot and must not pay unpaid hotel bills and hospital expenses, cannot lend money or provide accommodation, and does not book airline, ship or train tickets or hotel rooms.

HOBBIES

Culture of national minorities

The largest ethnic group of non-Estonians living in Estonia are Russians, followed by Ukrainians, Belarusians and Finns.

In all democratic countries, national minorities are protected by laws and international agreements. Section 49 of the Constitution of the Republic of Estonia stipulates: “Everyone has the right to preserve his or her ethnic identity.” Estonia has passed the National Minorities Cultural Autonomy ActNational Minorities Cultural Autonomy Act and has joined the Council of Europe Framework Convention for the Protection of National MinoritiesCouncil of Europe Framework Convention for the Protection of National Minorities.

The national minorities living in Estonia are actively engaged in preserving their culture and traditions – there are more than 200 cultural associations. Supporting the cultural life of ethnic minorities and facilitating the preservation of their cultural identity and language are the task of the Estonian Ministry of Culture. The Ministry has an advisory body called the Council for Ethnic MinoritiesCouncil for Ethnic Minorities.

Cultural events

With support from the state, the Estonian InstituteEstonian Institute has created a multilingual advertisement-free cultural calendar www.kultuur.infowww.kultuur.info, which provides an overview of Estonian cultural events taking place in Estonia and abroad.

It is the only events calendar in Estonia which introduces Estonian cultural events in Estonian, English and Russian and it also includes an archive – a chronicle of Estonian cultural events since 2002. The calendar works on a non-profit principle – entering and using data for non-commercial purposes is free of charge for everyone.

Information about cultural events can also be found on the home page of your local government.

Artistic associations

Professional unions or artistic associations have evolved in areas related to the creative industry. The better known and larger ones are the Union of Estonian ArchitectsUnion of Estonian Architects, the Estonian Composers’ UnionEstonian Composers’ Union, the Estonian Filmmakers’ UnionEstonian Filmmakers’ Union, the Estonian Writers’ UnionEstonian Writers’ Union, the Estonian Artists’ AssociationEstonian Artists’ Association and the Estonian Actors’ UnionEstonian Actors’ Union. Such unions are declared as artistic associations by the Ministry of Culture on the basis of an application. The complete list of artistic associations and the application form are available on the home page of the Ministry (www.kul.eewww.kul.ee). Creative persons and artistic associations are subject to a specific ActAct.

Museums

An overview of museums is provided by the Information Centre of Estonian Museums at www.muuseum.eewww.muuseum.ee and a list of museums by counties can be found at http://www.muuseum.ee/et/muuseumidhttp://www.muuseum.ee/et/muuseumid.

Sports

As of today, sports in Estonia is based on a system of sports organisations – sports clubs and schools, county and city sports associations and unions, national sports associations, the Estonian Olympic Committee and institutions providing sports-related services.

The public sector creates the conditions necessary for both independent and organised sports activities. The direct organisation of sports activities is the task of sports organisations. From the state’s side, sports and fitness hobbies are coordinated by the Ministry of Culture which works together with the Ministry of Social Affairs and the Ministry of Education and Research.

Further information about sports groups for children and young people can be found at www.koolitused.eewww.koolitused.ee.

Information about health trails is provided by the foundation Estonian Health Trails (www.terviserajad.eewww.terviserajad.ee) or local governments.

Fishing

Everyone has the right to fish with one simple hand line on a public water body or a water body designated for public use without paying a fee to anyone. Fishing with other fishing devices is allowed, if you have purchased the recreational fishing right or a fishing card. The recreational fishing right is granted free of charge to pre-school children, students under 16 years old, pensioners, people with disabilities and unlawfully repressed persons.

In regions where restrictions have been established on recreational fishing (e.g. salmon fishing on salmon rivers) and in the case of using certain fishing devices, everyone is required to have a fishing card (for further information follow the linkfollow the link).

When you go fishing, you have to carry a personal identification document with a photo or, if you are exempt from the recreational fishing fee, a student’s card, a pension certificate, a document certifying the degree of severity of the disability or a repressed person’s certificate.

The main legal acts regulating fishing are the Fishing ActFishing Act and the Fishing RulesFishing Rules.

The fee for the recreational fishing right can be paid on the Internet via www.pilet.eewww.pilet.ee or by mobile phone payment. Further information is available on the home page of the Ministry of the Environment http://www.envir.ee/2107http://www.envir.ee/2107 .

Hunting

Hunting is regulated by the Hunting Act and Hunting Rules in the Republic of Estonia – it is not included under the so-called ‘everyone’s right’. Limits are established for individual counties every year on the basis of monitoring carried out by nature scientists.

If the number of an animal species has grown considerably, more hunting permits are issued. The permits are issued by local hunting societies who also set the price of the permits. Just like everyone else in the nature, hunters and fishers must avoid disturbing wild animals and birds, particularly in breeding and nesting areas. On water bodies, it is prohibited to go to the spawning areas of fish and the nesting areas of birds.

Weapons

The use of weapons in Estonia is regulated by the Weapons ActWeapons Act. A weapon can be acquired by a citizen of the Republic of Estonia or a foreigner who has a valid residence permit in Estonia or who lives in Estonia on the basis of the right of residence. Weapons can be acquired starting from the age of 18 (for some types of weapons, from the age of 21). Further information is available on the home page of the Police and Border Guard BoardPolice and Border Guard Board.

PETS

The requirements for keeping pets include rules for keeping, maintaining and breeding pets (e.g. dogs, cats, rodents, birds, and reptiles), aimed at ensuring that pets are kept in conditions suitable for their size, nature and specific characteristics.

The Infectious Animal Disease Control ActInfectious Animal Disease Control Act requires that pets living in Estonia must be vaccinated against rabies. The vaccination of indoor pets is also recommended, as people inevitably bring pathogens indoors from streets or hallways.

In addition to general laws, every animal owner must also comply with the Rules for Keeping Dogs and Cats established by the local government. There may be slight differences between the rules applicable in individual local government areas, but the majority of local governments require the registration of dogs and cats (for further information, see the home page of your local government.

Pets are microchipped in order to quickly return lost pets to their owners or to determine who the owner of a particular pet is. The number of the microchip must be entered in the Register of Pets, where it is linked to information about the owner of the pet. It is currently sensible to enter your pet into several registers, as the compulsory registers are maintained by local governments, but your pet might be found in another city or rural municipality.

FREE TIME AND NATURE

Everyone’s right

Regardless of the form of ownership of land, moving in the nature and on cultivated landscape is allowed everywhere on foot, by bicycle, by boat or on horseback, on the condition that no damage is caused to the nature or the land owner. Movement on undesignated private land is allowed from sunrise to sunset, but movement on shore paths, public water bodies and public roads is allowed both during the day and the night.

If private land is fenced or marked with a sign prohibiting movement, the owner’s permission is needed for crossing it. Land owners cannot prohibit movement on public land, roads and water bodies and on land, roads and water bodies designated for public use, as well as on ice and shore paths.

The everyone’s right does not include the organisation of sports and other mass events on the landscape. In order to organise such events, the consent of land owners or other possessors of land and, if necessary, the consent of the local government must be obtained.

See also the Nature Conservation ActNature Conservation Act.

Being in the nature

Avoid disturbing animals and birds, particularly the protected species during the nesting period, in their living and breeding areas and migration routes. In the summer, move along the edges of fields or the banks of water furrows. In the winter, fields can be crossed on skis or skidoos, without disturbing local residents with noise. Close cattle gates behind you both in the summer and in the winter. The gardens of farms and summer houses, even if not fenced or designated, may be entered only with the land owner’s permission or in the case of emergency. Try to pass country homes at the distance of at least 150-200 metres. Permission must be asked for visiting a nature or heritage protection object located in a garden. In order to organise sports events and other large gatherings of people, consent of land owners or possessors, and, if necessary, the consent of the local government must be obtained.

The following is allowed in the nature:

• moving on foot, by bicycle, on skis, by boat and on horseback in all areas where it is not prohibited by law or on the basis of law

• staying in all the areas where movement is allowed

• picking wild berries, mushrooms, flowers, medicinal herbs, hazelnuts and other produce of nature, which are not under nature protection

• fishing with up to three simple hand lines on public water bodies or water bodies designated for public use

The following is prohibited in the nature:

• moving in the home gardens, seed orchards, apiaries, new crop areas, corn fields or on other agricultural land of local residents where it causes damage to the owner

• lighting a campfire or tenting without the permission of the land owner or possessor

• hunting and fishing without the relevant permit, except with a simple hand line

• damaging trees and bushes

• disturbing the home peace of local residents

• damaging the habitats and nests of wild animals and birds, picking their eggs, taking along animals and birds or otherwise causing damage to them

• damaging objects under nature protection and hurting protected species

• using motor vehicles in places where it is prohibited

• contaminating the nature

Water bodies

Water bodies owned by the state have shore paths of at least four metres wide that are open for everyone to use. Alongside navigable water bodies, the shore path may extend to 10 metres from the water line. People must be able to pass through freely also during periods of high water; in such case a shore strip of two metres from the water line must be allowed for use. All the water bodies which are located on private land, but designated for public use, must have shore paths that are at least as wide and that can be used at all times for moving and staying by the water body. It must be taken into account that in certain cases it is impossible to have a shore path along a water body, for instance at ports and near fish farms and hydroelectric power plants. In such cases, the person or entity who has blocked the territory must ensure a path around it.

Local governments are obligated to ensure public access to shore paths.

Roads and paths

Public roads, including firebreaks cut into state forests may be freely used for movement. Private roads marked as such may be used only with the owner’s permission. Everyone has the right to pass on foot to objects under heritage and nature protection, which are located on private land. Dogs may only be taken to the nature on a leash.

Local governments or private forest owners may temporarily restrict movement in forests during a drought. Local governments inform the public of such a ban via mass media, private forest owners have to put up prohibition signs. Do not park a car near the home of a land owner without asking their permission. A car parked on a narrow road may cause great problems for local residents. It is prohibited to drive motor vehicles, including ATVs and off-road vehicles outside public roads without the permission of the land owner.

Tenting and campfires

The permission of the land owner or possessor is required for a longer stay, for tenting and for lighting a campfire. Permission for tenting in a state forest is given by the local forest officer or forest district. Tenting is allowed in a state forest without permission only in designated and prepared tenting and campfire places.

It is forbidden to disturb the peace of local residents while tenting or engaging in short-term recreational activities. It is inappropriate to tent on an uncut meadow, because trampling the hay would cause damage for the owner.

It is prohibited to light a campfire on peaty soil, as it may cause a large fire, and on the sand of public swimming beaches. Brushwood may be collected from the forest for making a campfire. Dead wood may be felled only with the permission of the land owner. A campfire must be safe and upon leaving you must always make sure that the fire has been put out and there are no embers left.

It is prohibited to litter the nature. The plastic packages commonly used today are not biodegradable and must not be left behind. Petrol and oil are hazardous waste and must never be left in the nature.

Picking nature produce

Wild berries, mushrooms, flowers, medicinal herbs, hazelnuts and other nature produce, which is not under nature protection, can be picked by everyone at all times on state land and on land owned by local governments as well as on undesignated private land. Everyone can take water from natural water springs for drinking, washing and other everyday purposes, and to take ice from everywhere.

The permission of the land owner or possessor is required for picking nature produce on private land and in private forests surrounded by a fence or marked with signs. The right to collect technical raw materials like willow bark, basket twigs, reeds for thatching, pine shoots, resin, etc. is not included under everyone’s right. Live trees and bushes can be broken, trunks can be peeled and dead wood may be felled only with the owner’s permission. It is forbidden to pick and sell plants under nature protection.

ENVIRONMENTAL PROTECTION

Pursuant to the Estonian Constitution, environmental protection is one of the important responsibilities of every person. Everyone is obligated to use the living environment and the nature sustainably and to compensate the damages caused to the environment. The procedure for compensation is set forth in the Environmental Liability ActEnvironmental Liability Act. Environmental protection is mainly handled by the Ministry of the EnvironmentMinistry of the Environment with its agencies.

Organisation of environmental protection and environmental information

In order keep the air, water and landscape around us clean and maintain natural diversity – the multitude of plant, animal and bird species – we have to protect the environment.

The area of administration of the Ministry of the Environment includes:

• Environment AgencyEnvironment Agency

• Environmental Research CentreEnvironmental Research Centre

• Environmental InspectorateEnvironmental Inspectorate

• Environmental Investment CentreEnvironmental Investment Centre

• Environmental BoardEnvironmental Board

The Environmental Inspectorate has a 24-hour hotline 1313, which you should call whenever you notice:

• environmental pollution or threat of pollution

• illegal logging, fishing or other misuse of nature

• dead or wounded wild animals

• illegal waste storage

• large numbers of dead birds, animals or fish

• cruel treatment of animals

• other illegal environmental activities

Environmental information is public and must be available to everyone. Official environmental data is stored in the Environmental RegisterEnvironmental Register, which contains data about natural resources, natural heritage, the conditions of the environment and environmental factors. Information about the condition of the environment can be found on the home page of the Estonian Environment AgencyEstonian Environment Agency.

Waste, waste treatment and management

Consumption generates waste. In order to keep our living environment suitable for humans and to save natural resources, we have to avoid the generation of waste as much as possible, and collect and treat the generated waste in an environmentally friendly manner.

The method of collection and treatment of waste is determined at the local government level. The local government establishes waste transport organisation rules, waste transport regions and transport fee limits. Every waste generator is obligated to conclude a waste disposal contract with the local government or an undertaking chosen by the local government. If a waste generator does not conclude a contract, but the local government has concluded a contract with its chosen undertaking in that region, the contract is considered as valid and the waste generator has to pay a fee for the provided services to the undertaking organising waste disposal. The relevant information is available from the environmental specialist of the local government.

A well-maintained home always has a proper waste container that is regularly emptied.

Collecting waste by type

A system of several waste bins allows people to sort waste by type. For example, the following waste is collected separately:

• waste paper

• glass

• bio-waste

• packaging

Every local government ensures that people have the possibility to dispose of pre-sorted waste close to their home. Besides avoiding the generation of waste, one of the most important waste management priorities is the sorting and collection of waste by type, as it allows the recycling of many materials and thereby save resources.

Waste management plants

Waste management plants are needed for waste which cannot be collected locally in containers (e.g. old furniture, bulky construction and demolition debris) or which need special treatment (old electronic equipment, used tyres, hazardous waste). A lot of such waste is collected and accepted also in other places besides waste management centres, but people may not necessarily find all such places.

Producer’s liability

The producer’s liability means that the producer has to ensure the collection and recycling or disposal of waste generated from products that the producer has released to the market. Pursuant to the Packaging ActPackaging Act, undertakings have to ensure the collection and treatment of packaging waste in accordance with requirements. In accordance with the Packaging Act, the producer’s liability principle applies to the collection and treatment of electrical and electronic equipment and parts thereof, scrap vehicles and parts thereof, tyres, old batteries and car batteries. The producers and importers of the listed products are obligated to collect the waste generated from their products and users must have the possibility to dispose of such waste free of charge. Old electronic equipment can be disposed of at a shop if you purchase a new piece of equipment at the same shop. Only equipment of the same type and intended for the same purpose can be changed on a one-for-one basis free of charge (e.g. a fridge for a fridge). Old household appliances can also be disposed of at the waste collection centres or waste management plants of the local city or rural municipality (information available at the local government). Old batteries and car batteries may be placed in special containers free of charge at shops selling those kind of batteries or car batteries.

Scrap vehicles may be delivered to a demolition workshop or scrap metal treatment plant that holds a hazardous waste treatment licence and a waste permit, or to the importer of the vehicle. The owner of the vehicle is issued a demolition certificate on the basis of which the vehicle will be deleted from the Traffic Register.

Used parts of motor vehicles may be disposed of at stores selling such parts.

Old tyres can be disposed of at old tyre collection points. Information about the nearest collection point is available at tyre sellers (stores, tyre-changing workshops, etc.), producers, producer liability organisations or local governments.

Nature protection

The objective of nature protection is to protect and preserve natural diversity. This includes the organisation of protection of nature conservation areas, endangered species and various types of landscape.

The following are protected areas:

• national parks

• nature conservation areas

• landscape conservation areas (nature parks)

Pursuant to the Nature Conservation ActNature Conservation Act, a protected area may cover state, municipal and private land. Not all the protected areas are closed – the majority are open for hiking. Every protected area has its own rules that have to be complied with:

• nature reserves are closed for entry

• designated conservation zones are open to visitors (except for the duration of bans established for certain periods), provided that no mark is left behind

• a permit must be obtained from the Environmental BoardEnvironmental Board for holding public events

• cars must be left in a car park or by the side of the road

• any littering or otherwise damaging the nature is prohibited: if there are no waste bins by the road or in the car park, people have to take their waste away themselves

• land owners may restrict entry to private land and private land must never be entered without the owner’s permission from sunset to sunrise. Berries and mushrooms may also be picked on private land, if that does not cause damage to the owner (always ask permission)

• tenting and lighting a campfire is allowed only for places designated for that purpose

The protection of species is an important part of nature protection. Non-native species endanger the nature, may be dangerous for human health and weaken the existence of local species. The Minister of the Environment has established a listlist of species that cannot be brought to Estonia, even for keeping at home or growing in one’s own garden.

Water protection

The main objective of water protection is to ensure the sustainable use and good condition of water. The use of water and water bodies is divided into public use and special use. Public use includes swimming, water sports and fishing (in compliance with the laws established for fishing). Special use requires a permit for the special use of water, for which a fee is payable according to the essence of the particular special use. The permits are issued by the regional environmental services of the Environmental Board.

Before going for a swim, it is worth finding out where official swimming places are, as only those are supervised for water quality, maintained and cleaned and manned with life-guards. A list of public swimming placeslist of public swimming places is prepared by the Health BoardHealth Board.

The water quality of water bodies is monitored and the relevant data is available to everyone on the home page of the Environment Agency. The quality of drinking and swimming water is also monitored and the results are available on the home page of the Health Board. If you wish, you can order water analyses for a fee from the Estonian Environmental Research Centre.

Before using a water craft, you should find out whether the water body is open for public use. If it is not, you need the permission of the land owner for using the water body.

For environmental protection reasons, it is forbidden to use water crafts with an internal combustion engine on small water bodies (lakes with an area of less than 100 ha and rivers with a width of less than 10 metres.) Only water crafts with an electrical engine are allowed on small water bodies. Activities in protected areas are regulated by protection rules, which may restrict or even prohibit the use of water crafts. The county governor also has the right to restrict the use of water crafts, if it is dangerous for the users of the craft or other users of the water body or has an adverse impact on the ecosystem of the water body.

9. Labour Market and Entrepreneurship

EMPLOYMENT CONTRACT

An employment contractAn employment contract is an agreement between an employee and the employer. It determines the rights and obligations of both parties, and the working conditions. A sample employment contractA sample employment contract is available on the home page of Enterprise Estonia.

An employment contract has to be concluded in writing, usually in two copies, of which the employee keeps one and the employer the other copy.

Equal treatment

Pursuant to the Equal Treatment ActEqual Treatment Act and the Gender Equality ActGender Equality Act, no restrictions must be established for anyone in Estonia on the basis of their nationality, race or skin colour, religion, beliefs, age, disability or sexual orientation. These attributes must not interfere with employment, competition conditions, professional promotion, performing work or providing services, etc. However, there are professions where only Estonian citizens can work (e.g. the police and the Defence Forces). There are also occupations which require certain professional skills and are therefore licensed (e.g. doctors, registered pharmacists).

Trial period

A trial period of up to four months may be applied upon starting employment. During that period, the employer assesses the suitability of the employee and the employee can assess the suitability of the work and the working environment. During a trial period, employees have all the rights provided for by law. The expiry of the trial period is not grounds for terminating the employment contract. The employer must be able to justify why the trial period has shown that the employee is not suitable for the job.

Minimum salary. Average salary

The minimum salary is the minimum level of salary established by the state, less than which employers may not pay employees for full-time work. Since 1 January 2013, the minimum level in Estonia is 320 EUR a month or 1.9 EUR an hour.

The average gross salary is calculated by Statistics Estonia. The 2012 average gross salary was 870 EUR (http://www.stat.ee/57591http://www.stat.ee/57591).

INCAPACITY FOR WORK

In the event of temporary incapacity for work (illness, injury, etc.) a doctor issues a certificate of incapacity for work, which releases the person from the fulfilment of work and service duties. The types of the certificate of temporary incapacity for work are as follows:

• certificate for sick leave

• certificate for maternity leave

• certificate for adoption leave

• certificate for care leave

The certificate of incapacity for work must be submitted to the employer, who will submit it together with the necessary annexes to the Estonian Health Insurance Fund, who pays compensation on the basis thereof. Further information about the Health Insurance FundHealth Insurance Fund is provided in brochure № 5.

Compensation is paid within 30 calendar days starting from the receipt of properly prepared documents at the Health Insurance Fund. The payment of the compensation is regulated by the Health Insurance ActHealth Insurance Act.

No compensation is paid for the first three days in the case of illness, quarantine and trauma. The employer pays compensation from the fourth to the eighth day, and the Health Insurance Fund pays compensation starting from the ninth day.

In other cases (e.g. occupational illness, work accident, injury sustained upon protecting the interest of the state or society or preventing a crime) compensation is paid only by the Health Insurance Fund, starting from the second day of the leave from work. The Health Insurance Fund pays compensation starting from the second day also if the reason for the certificate of incapacity for work is giving a pregnant woman work suitable for her health condition and transferring her to lighter work and the employer does not have any such work to give her. If the employer can give the pregnant woman lighter work during the period of incapacity for work caused by pregnancy, the Health Insurance Fund compensates the salary difference due to the transfer to lighter work starting from the first day of the certificate of incapacity for work.

The compensation paid by the employer is based on the employee’s last six months’ average salary, while the compensation paid by the Health Insurance Fund is based on the social tax paid for the employee in the calendar year preceding the illness. The social tax data is provided by the Tax and Customs Board.

OCCUPATIONAL HEALTH

Employers must ensure the fulfilment of occupational health and safety requirements in every work-related situation. The Labour InspectorateLabour Inspectorate monitors the compliance with the relevant legal acts.

Employers are obligated to ensure that the working environment is in conformity with the Occupational Health and Safety ActOccupational Health and Safety Act. Employers have to organise health checks at their own expense for employees whose health may be affected in the course of work processes by a risk factor in the working environment or the type of work.

UNEMPLOYMENT

The Estonian Unemployment Insurance FundThe Estonian Unemployment Insurance Fund is a legal person under public law established pursuant to the Unemployment Insurance ActUnemployment Insurance Act. The fund concentrates the ad hoc payment of both individuals and institutions and the ad hoc resources allocated from the state budget, invests these resources and pays the unemployed compensation and benefits.

The Unemployment Insurance pays unemployment benefits, which help people in coping financially and looking for suitable work. The fund partly assumes the employer’s obligations in the case of lay-offs and insolvency, and helps people find a job, providing services that facilitate finding employment and improve qualification and competitiveness. It also mediates a suitable work force to employers and supports the employment of employees.

An unemployed person is someone who does not work, has been registered at the Unemployment Insurance Fund as unemployed and is looking for work. An unemployed person must follow an individual job-seeking plan, attend consultation appointments at the Health Insurance Fund, actively seek work, and be willing to accept suitable work and start work immediately.

A job-seeker is someone who is looking for work and has been registered at the Unemployment Insurance Fund as a job-seeker. A job-seeker must contact the Fund at least once in every 30 days in order to receive job mediation services.

In order to register as unemployed, you must personally visit a consultant at the relevant Unemployment Insurance Fund departmentUnemployment Insurance Fund department. The following documents have to be presented:

• a valid personal identification document

• applicants for unemployment allowance and unemployment insurance benefit – a document certifying the termination of the latest employment relationship and the reason for termination

• applicants for unemployment insurance benefit – the employer’s certificate issued to the insured.

When a person is registered as unemployed, he or she has the right to apply for unemployment insurance benefit and unemployment allowance.

The following support is available to the unemployed:

• Unemployment allowance is available to the unemployed who do not have income in the extent of the unemployment allowance and who have worked or been engaged in activities equivalent to work (raising a child, attending full-time studies, fulfilled the military service duty, etc.) for at least 180 days in the 12 months prior to registration as unemployed. In 2013, the daily rate of the unemployment allowance is 3.28 EUR.

• A grant is available to the unemployed who participate in labour market training, work practice, work exercise or voluntary work that lasts for at least 40 hours. In 2013, the daily rate of the grant is 3.84 EUR.

• Travel and accommodation allowance is available to the unemployed who participate in labour market training, work practice, work exercise, voluntary work, work club, job-seeking workshop, psychological or debt counselling or work trial, if the distance between their place of residence and the location of the said activities is more than 500 metres. This allowance is 10 cents per one kilometre, at most 26 EUR a day.

Unemployment insurance

Unemployment insurance is a compulsory insurance established by law (it is not a tax in the legal sense). This means that of every payment made as salary or other remuneration both the employee and the employer have to pay a pre-defined part to the Estonian Unemployment Insurance Fund. The rates of the unemployment insurance premiums are established by the Government of the Republic. In 2013, the employee’s rate is 2 % and the employer’s rate 1 % (Government of the Republic Regulation № 76 of 25 September 2012Regulation № 76 of 25 September 2012).

The aim of unemployment insurance is to ensure that upon becoming unemployed, the insured persons have a substitute income that facilitates active job-seeking and offers employers support during economic reorganisation.

The Unemployment Insurance Fund pays three types of benefits:

• Unemployment insurance benefit (applied for by the unemployed person himself or herself via the county department of the Unemployment Insurance Fund)

• Unemployment insurance benefit in the case of lay-offs (applied for by the employer from the Unemployment Insurance Fund)

• Benefit in the case of the employer’s insolvency (applied for by the trustee in bankruptcy from the Unemployment Insurance Fund).

Unemployment insurance benefit

This is available to you, if:

• you have been registered as unemployed

• you have submitted an application for unemployment insurance benefit

• you have worked and paid the unemployment insurance premium for at least 12 months in the 36 months prior to registration as unemployed

• your employment relationship has been terminated on grounds that entitle you to receive the benefit.

In order to apply for the benefit, you should turn to your local county department of the Unemployment Insurance Fundlocal county department of the Unemployment Insurance Fund, where you can submit applications both for registration as unemployed and the payment of benefit. You have to present a personal identification document and the employer’s certificate to the insured. The unemployment Insurance Fund makes a decision on the payment of the benefit within 14 days at the latest after the submission of the application. The decision is forwarded electronically or can be picked up from the local county department of the Unemployment Insurance Fund.

Depending on the unemployment insurance period, the benefit is paid for 180, 270 or 360 days, 50 % of the previous salary on the first 100 days and thereafter 40 % of the previous salary. Data about the previous salary is provided by the Tax and Customs BoardTax and Customs Board. Minimum and maximum levels have been established for the benefit. The minimum amount is calculated on the basis of the minimum salary established by the Government. In 2013, the minimum benefit is 5.33 EUR a day. The maximum rate of benefit is 34.02 EUR a day in the first 100 days and 27.22 EUR a day starting from the 101st day.

The unemployed who receive unemployment insurance benefit in Estonia may also seek work in other EU Member States. Upon determining the unemployment insurance benefit in Estonia, the unemployment insurance period accumulated in another member state can be taken into account.

Lay-off benefit

In the event of a lay-off, insurance benefit is available to:

• employees whose employment relationship with one and the same employer has lasted for at least five years

• employees who have terminated their employment contract when the employer is unable to give the employee work in the agreed extent due to unforeseen economic circumstances beyond the employer’s control and reduces the employee’s salary for up to three months during a 12-month period

• officials whose service period is at least five years and whose service relationship has been terminated due to lay-off or elimination of the position

In order to apply for lay-off benefit, the employer must submit a standard format application to the Unemployment Insurance Fund within five calendar days from the termination of the employment or service relationship.

Employer’s insolvency benefit

The objective of this benefit is to compensate employees for the amounts not received from the employer due to insolvency. Insolvency is understood to mean the declaration of bankruptcy of the employer or the termination of the bankruptcy proceedings due to abatement. In order to receive the benefit, the trustee in bankruptcy has to submit an application to the Unemployment Insurance Fund.

The amount of the insolvency benefit is calculated by the types of remuneration not received, with the following upper limits established on the benefit amounts:

• salary – up to three Estonian average monthly salaries

• holiday pay – up to one Estonian average salary

• compensation for the termination of the employment contract – up to one Estonian average salary.

TAXES

Taxes in Estonia comprise state taxes and local taxes. There are eight state taxes in Estonia.

Income tax is divided into two – income tax of natural persons and corporate income tax. The rate of the income tax of natural persons is 21 % in Estonia and the income tax free threshold is 144 EUR a month. Every year, taxpayers have to submit an application to the accountant of their company, stating that it is their main place of work and asking for the income tax free threshold to be taken into account in the calculation and payment of the salary. In Estonia, corporate income tax is paid only on profit allocated as dividends. The corporate tax rate is also 21 %. In addition to the payment of corporate income tax, employers are also obligated to withhold and pay their employees’ income tax to the Tax and Customs Board.

Example

If an employee’s contractual gross salary is 1,000 EUR and it is the employee’s main place of work, the taxes are calculated as follows: first, the following amounts are subtracted from the gross salary:

the employee’s unemployment insurance premium 2 % = 20 EUR, statutory pension insurance 2 % = 20 EUR, and the income tax free threshold 144 EUR.

Thus, the taxable amount is 1,000 – 20 – 20 – 144 = 816 EUR, income tax (tax rate 21 %) 816 x 0.21 = 171.36 EUR

and the net amount (net salary) is 960 – 171.36 = 788.64 EUR.

In addition, the company has to pay 1 % unemployment insurance and 33 % social tax on the gross salary, which in our example amounts to 340 EUR.

Value added tax is calculated on the turnover of goods or services and as of 1 July 2009 the VAT rate is 20 % in Estonia. As an exception, it may also be 9 % or 0 %.

Social tax is used for pension insurance and national health insurance. The social tax rate is 33 % and it is paid by employers on behalf of employees. In some special cases (e.g. for persons receiving caregiver’s allowance and families with many children) the Estonian state pays social tax. Social tax is an individually registered tax. This means that all the social tax amounts paid in connection with a person are taken into account in the calculation and payment of his or her pension.

Land tax is paid to the budget of the relevant local government. The land tax amount is calculated by multiplying the taxation price of land by the land tax rate (which is usually 0.1 % to 2.5 % of the taxation price of land a year).

Customs duty is charged on imported goods, in order to limit the import and to support the export of goods. There is no customs duty in the European Union.

Excise duties are established on goods by the state, in order to regulate the trade or production the goods. In Estonia, excise duties have been established on alcohol, tobacco products, fuel, motor vehicles and the packaging of alcoholic beverages and soft drinks.

Heavy vehicle tax is charged on trucks and road trains, which are intended for the transport of cargo and the registered mass of which is greater than the established limit value. Heavy vehicles are taxed depending on the registered or full mass, the number of axles and the type of suspension of the driving axle.

Gambling tax has to be paid by organisers of gambling (skill and luck games, tournaments, lotto games, lotteries and commercial lotteries). The tax rate depends on the type of the game.

Fringe benefit tax consists of income and social tax, which employers have to pay on additional benefits granted to employees (e.g. when an employee uses the company car, if an employee is paid daily allowance during a business assignment in Estonia, etc.).

Further information about taxes is available on the home page of the Tax and Customs BoardTax and Customs Board (http://www.emta.ee/http://www.emta.ee/) or in the relevant acts in the Riigi TeatajaRiigi Teataja.

Local taxes. Local governments have the right to impose the following taxes for the use of infrastructure or resources in certain regions:

• advertising tax

• tax for closing roads and streets

• motor vehicle tax

• animal tax

• entertainment tax

• parking fee

The state fee is an amount, which is paid for the performance of legal procedures, review of applications and issue of documents. Procedures for which state fee is payable and the amounts payable are established in the State Fees ActState Fees Act.

The Estonian Taxpayers AssociationThe Estonian Taxpayers Association is a non-profit association. The Taxpayers Association protects the interests of all the taxpayers and offers them advice and training. The Association ensures that the tax laws are fair and understandable, the tax burden optimal, the tax administrator’s activities integral and professional and the use of taxpayers’ money purposeful.

PERSONAL INCOME TAX RETURN

Tax and Customs BoardTax and Customs Board

The legal tasks of the Tax and Customs Board are the administration of taxes, the facilitation of business and the protection of the society and the economy.

The Tax and Customs Board:

• ensures the receipt of state taxes and customs fees into the state budget

• protects lawful economic activities in the country and in the society

• implements the national tax and customs acts

• monitors the compliance with tax laws, customs rules and other legal acts

• issues gambling and lottery organisation permits

• performs gambling supervision and inspects the lawfulness of lotteries

• provides services to natural persons in the fulfilment of tax obligations and customs formalities

An income tax return concerning the income of the previous year has to be submitted to the Tax and Customs Board by 31 March at the latest. It is the easiest to do it via the e-service of the Tax and Customs Boarde-service of the Tax and Customs Board. Income tax returns can be filed as of 15 February. On paper, income tax returns can be submitted at the Tax and Customs Board as of 1 January.

The term for the return of income tax is 1 July.

Those law-abiding citizens, who have submitted their income tax return in e-Tax Board/e-Customs and whose declaration does not require further review, get the excess income tax back within five working days, but not before 28 February. People are considered as law-abiding if their tax return of the year before has been submitted by 2 April of the previous year and who have not had tax debts from 15 February of the previous year until 14 February of the year of declaration.

People who submit their income tax return on paper will start receiving the repayments of their excess income tax as of 20 April.

If revenue from business activities or gains or losses from the transfer of property are declared, the excess income tax is returned by 1 October at the latest.

Important date for tax return submitters

In the case of questions, it is useful to consult the thematic home page of the Estonian Tax and Customs Board Taxpayer’s Assistant: Declaration of incomeTaxpayer’s Assistant: Declaration of income.

Information about declaring income can be obtained by calling 1811 between 08.30 and 16.30 from Monday to Thursday and between 08.30 and 15.30 on Fridays. Information about declaring personal income tax can also be obtained by calling 880 0811. Questions can be sent to the Tax and Customs Board also via Skype: mta.eesti.

Upon declaring income, a distinction is made between residents and non-residents.

A resident is a natural person whose place of residence is in Estonia or who stays in Estonia for at least 183 days during 12 consecutive calendar months. Estonian civil servants assigned to foreign service are also residents. Residents pay income tax on income earned both in Estonia and outside Estonia.

Resident taxpayers, who were married as at the last date of the taxation period, may submit a joint tax return. That may also be submitted, if one of the spouses has died during the taxation period. Non-residents only pay income tax on revenue received from an Estonian source of income.

Taxable income is:

• income from employment

• income from business

• income from transfer of property

• rent and licence fees

• income received in a foreign country

• interest (excluding interest on deposits)

• other taxable income

The following may be deducted from taxable income:

• tax-exempt income (in 2012: 1,728 EUR)

• additional tax-exempt income starting from the second child upon maintaining the child (in 2012: 1,728 EUR)

• additional tax-exempt income in the case of receiving a pension (in the extent of the received pension amount, but not more than 2,304 EUR a year)

• additional tax-exempt income in the case of receiving benefit for an occupational accident or occupational disease (in the extent of the received benefit, but not more than 768 EUR a year)

• interest on a housing loan taken for acquiring a place to live

• training expenses

• gifts, donations (a 5 % deduction limit applies)

• voluntary contributed pension payments (a 15 % deduction limit applies), but not more than 6,000 EUR

• compulsory contributed pension payments and unemployment insurance premiums (taken into account in the middle of the year, excluding the compulsory contributed pension payments of sole proprietors)

• compulsory social insurance payments made in a foreign country

Interest on a housing loan, training expenses, gifts and donations may be deducted in the total amount of up to 1,920 EUR, but not in excess of 50 % of the income of one taxation period.

If tax incentives have been fully taken into account upon withholding income tax during the year, the submission of a tax return is required.

TRADE UNIONS

Trade unions unite employees, in order to improve working and living conditions jointly and in cooperation with employers, and to protect the rights and interests of employees. Membership in a trade union is voluntary and a person’s relevant rights cannot be restricted (e.g. his or her employment contract terminated). Trade unions are non-profit organisations independent of employers, state institutions and other organisations. A trade union’s membership fee may be deducted from taxable income. See also the Trade Unions ActTrade Unions Act.

The following is in the competence of trade unions:

• concluding agreements with employers, local government units and the Government of the Republic in the area of employment, service or social matters

• submitting proposals for draft legal acts in issues related to the rights and interests of employees

• submitting proposals for the supplementation and amendment of legal acts regulating work and social matters

• cooperating with employers in order to improve the occupational health and safety situation

• consulting and informing employees

• presenting and protecting its members in labour dispute institutions

LABOUR DISPUTES

The interests of employees and employers often differ in the area of employment relationships. An employee wishes to receive a higher salary or requests better working conditions, while the employer is not always able or willing to fulfil such requests. In a democratic society, the system of employment relationships must facilitate the settlement of disagreements in an amicable manner. Estonia has been handling the settlement of collective labour disputes at the state level since 1995. The relevant institution and procedure have been established by the Collective Labour Dispute Resolution ActCollective Labour Dispute Resolution Act. The institution includes the Public Conciliator and local conciliators in counties. The parties consult the Public Conciliator if an agreement is not reached through negotiations and the threat of a disruption of work arises. Conflicts between an individual employee and employer are settled by a labour dispute committee and the court in accordance with the Individual Labour Dispute Resolution ActIndividual Labour Dispute Resolution Act. Labour dispute committees work at the local offices of the Labour InspectorateLabour Inspectorate. Labour dispute committees do not settle disputes over financial claims exceeding 10,000 EUR.

Strikes

A strike is a work interruption initiated by employees in order to force the employer to fulfil lawful work-related requests. Employees may, for instance, demand a higher salary, a longer holiday or changes in work organisation. A strike may also be caused by the employees’ wish to influence the more general political decisions of the state.

Going on a strike is allowed, if the parties have previously attempted to amicably solve disagreements, but have failed even with the help of a conciliator. The organiser of a strike has to inform the employer, the conciliator and the local government of the strike at least two weeks in advance in writing. The notice must clearly state the following:

• the reason for the strike, or the strikers’ demands

• the beginning and duration of the strike

• the participants in the strike

Employers must not prohibit employees from participating in a strike or a support strike. Employees may participate in a strike also when they do not belong to a trade union. No salary is paid for a strike or lockout. Employees, who do not take part in a strike, but are unable to work due to the strike, are paid either on the same bases as for the duration of a work stoppage not caused due to the fault of the employee, or in the extent set forth in the relevant collective agreement.

Support strike

A support strike may be organised in order to support striking employees. The aim is to support the demands of the strikers (if the strikers are demanding a higher salary, the actions of support strikers show that they also think that the salary of the strikers should be increased). A support strike may not last longer than three days and the employer and the local government must be given at least three days’ prior written notice thereof. Unlike a strike, no conciliation procedure is required in the case of a support strike.

Participation in a strike or a support strike is voluntary. Participants are not allowed to prevent non-participating employees from working.

Public ConciliatorPublic Conciliator

The mission of the institution of the Public Conciliator is to ensure social stability in the Republic of Estonia by preventing collective labour disputes and proposing solutions to the parties of labour disputes.

PRIVATE ENTREPRENEURSHIP

Form of entrepreneurship

The forms of entrepreneurship in Estonia are public limited company (AS), private limited company (OÜ), sole proprietor (FIE), general partnership (TÜ), limited partnership (UÜ) and commercial association. The first three are the most common.

The forms of entrepreneurship differ mainly by the following characteristics:

• rate of liability of shareholders

• governing bodies, decision-making processes and right of representation

• amount of required share capital and method of payment

• auditing requirements

• organisation of everyday activities (e.g. accounting)

It is definitely worth familiarising yourself with materials about starting a business available on the Internet, and consulting your local entrepreneurship counsellor.

REGISTRATION OF BUSINESSES

The Commercial RegisterThe Commercial Register contains information about entrepreneurs and undertakings. The legal capacity of a business arises upon entry into the Commercial Register and expires upon deletion from the Commercial Register.

If you have found a suitable form of entrepreneurship, chosen your business name and field of activity, you may register your business. That can be done:

• electronically via the business portal of the e-Commercial Register

• via a notary

Electronic registration of businesses

A business can be registered via the business portal, if:

• the fixed capital contribution is monetary and both the share capital and state fee are paid via the business portal

• all the persons related to founding the business are able to digitally sign the foundation documents.

Via the business portal, you can register private limited companies and general and limited partnerships as well as start business as a sole proprietor, but you cannot found a commercial association or a public limited company via the portal.

Begin electronic registration via the business portal of the e-Commercial Registere-Commercial Register.

It should be possible to electronically register a business within twenty minutes, but it is sensible to allow for one working day.

Registration of businesses at a notary’s

A business must be registered with the help of a notary, if:

• the fixed capital contribution of the business is not monetary, but is made in the form of assets or proprietary rights that are monetarily appraisable and are transferred to the company (e.g. equipment, software, etc.)

• the founders of the business are not able to digitally sign the foundation documents

A notary will prepare the necessary documents for you. Notary offices have all the samples and templates of documents necessary for founding a company. You can find a suitable notary and the contact details of the notary on the home page of the Chamber of NotariesChamber of Notaries.

Establishing a business via a notary usually takes two or three days.

Registration as a VAT subject at the Tax and Customs Board

If the taxable turnover of a business exceeds 16,000 EUR a year, the business must be registered as a value added tax (VAT) subject at the Tax and Customs Board.

Registration of employees at the Health Insurance Fund.

Within seven days after employees start work, the employer has to register all the following employees at the Health Insurance Fund:

• employees with whom the employer has concluded an employment contract for more than one month or for an indefinite term

• employees with whom the employer has concluded a contract under the Law of Obligations Act for more than three months

• employees with whom the employer has concluded a governing or controlling body member’s agreement

Data can be submitted to the Health Insurance Fund:

• via the business portal (https://portaal.riik.ee/x/eit/https://portaal.riik.ee/x/eit/)

• by e-mail, sending the digitally signed documents to http://www.haigekassa.ee/haigekassa/kontakthttp://www.haigekassa.ee/haigekassa/kontakt

• by ordinary mail to a customer service office of the Health Insurance Fund

• by personally delivering the documents to a customer service office of the Health Insurance Fund

The necessary document forms are available at http://www.haigekassa.ee/blanketid/tooandjahttp://www.haigekassa.ee/blanketid/tooandja.

Other obligations

• If you start operating in a field of activity subject to special requirements, you have to apply for an activity permit or a licence.

• When you hire employees, you have to inform the Labour InspectorateLabour Inspectorate of starting business.

ENTREPRENEURSHIP SUPPORT

A starting entrepreneur may receive start-up grant and a development grant from Enterprise EstoniaEnterprise Estonia, EU structural supportEU structural support and a start-up loan with the guarantee of KredExKredEx.

Enterprise Estonia grants

The start-up grantstart-up grant provided by Enterprise Estonia is intended for starting undertakings and aimed more at sustainable rather than fast-growing companies.

The development grantdevelopment grant provided by Enterprise Estonia is intended for fast-growing enterprises that create high added value and are able to export their products or services. The grant is also available to entrepreneurs who have already proven their competitiveness and need support in order to speed up their growth.

Support from EU structural fundsSupport from EU structural funds

When you are looking for financing possibilities, it is worth exploring the support measures of structural funds and local governments (e.g. start-up support for investing into fixed assets, personnel training subsidies).

The following areas are supported from structural funds: education, labour market, research and development, entrepreneurship, information society, administration capability, environmental protection, energy management, transport, regional and local development, healthcare and social welfare.

You can receive assistance in finding the right kind of support from Enterprise Estonia’s county development centrescounty development centres, which offer counselling free of charge. Development centres provide information about project financing possibilities both via structural funds and other possible sources of support, as well as information about private sector consultants and their services.

KredEx’s start-up loan

Small and medium-sized enterprises, which are just starting their business or have operated for up to three years, may apply for a start-up loan, the guarantee for which is provided by state foundation KredExKredEx in the extent of up to 75 %. Compared to ordinary loans, the start-up loan offers the advantage that the entrepreneur has to take a smaller risk with his or her personal assets. In order to get a start-up loan, you can turn to a bank, Enterprise Estonia or KredEx.

INVESTMENTS

Investing

is the long-term accumulation of money with the main objective of earning additional income from the invested funds. Investments can be made into securities (shares, investment fund units, bonds, etc.) as well as into other assets (real estate property, raw materials, precious metals, art) or, for instance, in developing one’s company, educating one’s child, etc. On an everyday basis, every person receiving a salary is engaged in investing through the compulsory contributed pension (the so-called second pillar). In general, it can be said that the larger the offered income, the higher the risk to lose it altogether, and the lower the risk, the higher the probability to earn something. Investments should be made (risks taken) on account of surplus resources.

Saving

is the accumulation of money for future expenses which are too large to cover from the current income. This is more short-term by nature, aimed at maintaining the saved amount at a stable level and easily available.

Guarantee FundGuarantee Fund

Deposits and investments (including pension units) held in credit institutions operating in Estonia under an activity permit are guaranteed by the Guarantee Fund. This means that in the event of a credit institution becoming insolvent the deposits are fully compensated together with the accumulated interest, but not in excess of 100,000 EUR.

SOCIAL ENTREPRENEURSHIP

While a commercial entrepreneur is focussed on earning a profit, a social entrepreneur is focussed on creating social changes. Although social entrepreneurship is associated mainly with the voluntary and non-profit sector, it is not in contradiction to earning a profit.

The Estonian Social Enterprise NetworkEstonian Social Enterprise Network operates in three areas that complement and support each other:

• As a member organisation: informing and inspiring members, creating and mediating cooperation, offering training and consultation opportunities, advising on the evaluation of social impact

• As an advocacy organisation: representing members’ common interests, collaborating in creation and development of financial and non-financial support arrangements

• As a developer and spokesperson of the field: supporting educational activities and research, participating in international cooperation, informing general public about social entrepreneurship.

EMPLOYMENT OF FOREIGNERS IN ESTONIA

Foreigners who are temporarily staying in Estonia and wish to work here have to apply for a work permit (foreigners who hold a long-term resident’s residence permit do not need a work permit). In entrepreneurship, foreigners have the same rights as citizens. Anyone can be a founder, partner or shareholder of a business. The Commercial Code requires that at least a half of the management board members of a company live in Estonia, but that requirement is not related to citizenship. Foreigners are not employed in public service.

Persons who are not Estonian citizens are prohibited from buying land in border regions and small islands. Elsewhere in Estonia, foreigners need the permission of the county governor for buying land. A foreign country may acquire land in Estonia with the permission of the Ministry of Foreign Affairs.

EMPLOYMENT ABROAD

The free movement of employees of the EU Member States and the European Economic Area countries is supported by labour network EURES (European Employment Services), the activities of which in Estonia are coordinated by the Estonian Unemployment Insurance FundEstonian Unemployment Insurance Fund. Every country has different customs and laws. Finding the necessary information on one’s own is sometimes difficult, but the representation (embassy) of the relevant country in Estonia and the EURES counsellors can definitely provide it. In-depth information about working in a foreign country is available on the home page of EURES Estoniahome page of EURES Estonia and via the European EURES portalEuropean EURES portal.

In addition to national employment mediation programmes, international labour market services are also offered by private companies. Before using the services of a private company, you should check its background.

Upon starting work in another country, you should take into account:

• the legal bases for working in that country (whether you need a work permit)

• tax policies, tax rates

• terms and conditions of employment contracts (must be in conformity with the legal acts of that country)

• terms and conditions of health insurance

• subsistence options while working as a foreigner

10. Estonia and the European Union

ESTONIA AND WORLD ORGANISATIONS

Estonia’s membership in world organisations

Through time, the Republic of Estonia has been a democratic country and has belonged and belongs to many global organisations. Thus, Estonia belonged to the League of Nations and was a member of the International Olympic Committee before World War II. After Estonia regained its independence, it started to restore and apply for membership in international associations. By today, Estonia has achieved its objectives, with the most important memberships being the following:

• UN and OSCE – 17 September 1991

• European Council – 14 May 1993

• Kyōto Protocol – 17 November 1998

• WTO – 13 November 1999

• European Union – 1 May 2004

• NATO – 29 March 2004

• Schengen visa area – 21 December 2007

• OECD – 9 December 2010

• Euro zone – 1 January 2011

The Estonian translations of the international agreements and the underlying documents of international organisations approved by the Riigikogu have been published in the Riigi TeatajaRiigi Teataja.

The United NationsThe United Nations

The United Nations (UN) was founded in 1945 to replace the League of Nations. The aim of the UN is to ensure peace, security, cooperation and human rights and to solve international economic, social, cultural and humanitarian problems. The activities of the organisation are based on the UN CharterUN Charter. The headquarters of the United Nations are located in New York. There are 194 member states. The secretary general of the UN is Ban Ki-moon. The working languages are English, French, Spanish, Chinese, Arabic and Russian. For further information, see the home pagehome page

Special agencies of the UN include, for instance:

• IBRD – International Bank for Reconstruction and DevelopmentInternational Bank for Reconstruction and Development

• ILO – International Labour OrganizationInternational Labour Organization

• IMF – International Monetary FundInternational Monetary Fund

• UNDP – United Nations Development ProgrammeUnited Nations Development Programme

• UNESCO – United Nations Educational, Scientific and Cultural OrganizationUnited Nations Educational, Scientific and Cultural Organization

• UNICEF – United Nations Children’s FundUnited Nations Children’s Fund

• WHO – World Health OrganizationWorld Health Organization

OSCEOSCE

The Organization for Security and Co-operation in Europe (OSCE) was founded in 1975 jointly by the NATO and Warsaw Treaty Organisation countries.

The OSCE strives to prevent conflicts, respond to crises and contribute to post-conflict social recovery, including ensuring human rights.

The OSCE has 56 member states. The OSCE Council is located in Vienna.

In 1993–2001, an OSCE mission (or representation) operated in Estonia, aimed at promoting integration and improving mutual understanding between the nationalities living in Estonia.

OSCE Member States

Cooperation Partners

European Council (EC)European Council (EC)

The European Council (EC) was founded on 5 May 1949. The main areas of activity of the EC are human, social and linguistic rights, and education and culture. The EC is not an EU organisation and must not be confused with the Council of the European Union, which in some documents is also named the European Council.

An important accomplishment of the EC is the preparation of the European Convention of Human Rights in 1950, in the framework of which the European Court of Human Rights was established.

The European Council has 47 member states from Europe and Asia. The permanent location of the EC is Strasbourg and its governing bodies are the Parliamentary Assembly and the Committee of Ministers. The official languages of the Council are English and French.

The EC flag and anthem are the same as those of the European Union. In order to make a distinction, a variation of the flag with a small ‘e’ is often used.

Member States

Observers

Candidate States

European Court of Human RightsEuropean Court of Human Rights

The European Court of Human Rights is the European Council’s institution for the protection of human rights. The Court acts in accordance with the European Convention of Human Rights. Only complaints on countries that have joined the Convention for the Protection of Human Rights and Fundamental Freedoms can be submitted to the Court. Prior to submission to the European Court of Human Rights, the complaint must have passed through all the Estonian court instances and the person who files the complaint must have exhausted all the possibilities of protecting himself/herself in Estonia. The European Court of Human Rights is located in Strasbourg.

WTOWTO

The World Trade Organization (WTO) is an international organisation, which regulates trade between countries. The WTO was founded in 1995. It has 157 member states and 28 observer members. The headquarters of the Organization are located in Geneva, Switzerland.

WTO Member States

Cooperation Partners

Not WTO Members or Observers

OECDOECD

The Organisation for Economic Co-operation and Development (OECD) is an international association of industrial countries, which is mainly focused on economic policy: the general exchange of information, gathering data, publishing statistics, performing economic analyses and forecasts and other such.

The aim of OECD is to strengthen democracy and stimulate free trade all over the world.

Member Countries

Candidate Countries

Key Partners

European Union (EU)European Union (EU)

The European Union (EU) is an economic and political union, which has the elements of both an inter-governmental and an international organisation. As of 1 July 2013, the EU has 28 Member States.

The foundation of the European Coal and Steel Community in 1951 is considered as the beginning of European integration, but strictly speaking, the European Union was established in 1992 with the Maastricht Treaty.

The harmonised legislation of the EU Member States must ensure the free movement of citizens, goods, services and capital within the European Union. Seventeen Member States have adopted a common currency – the euro.

Until now there were 23 official and working languages in the European Union. The Croatian language will most probably be added as of 1 July 2013.

Member States

Candidate States

NATONATO

The North Atlantic Treaty Organization is a military alliance, which was founded in 1949. The highest body of NATO is the North Atlantic Council, which is directed by the NATO Secretary General.

The activities of NATO are based on its founding treaty, which establishes the general rights and obligations of the member countries in NATO.

EUROPEAN UNION INSTITUTIONS AND MANAGEMENT

European ParliamentEuropean Parliament

The European Parliament has three kinds of basic mandates:

• The right to issue legal acts;

• Financial control;

• Supervision over executive powers.

The European Parliament (unofficially also Europarl) is a parliamentary institution made up of the representatives of the EU Member States. It currently has 754 members. Since 1979 the Europarl delegates are elected at general and direct elections after every five years.

The parliament seats are divided according to the population of every Member State. Every Member State has a fixed number of seats, which cannot be higher than 99 and lower than five.

In December every year, the European Parliament adopts the EU budget for the following year.

The President of the European Parliament, who is elected for two and a half years, represents the Parliament at official events and international relations, chairs the plenary sessions and the meetings of the Management Board and the conference of chairpersons.

The European Parliament mainly works in Brussels, but some sessions are also held in Strasbourg.

The composition of the European Parliament after the 2009 elections.

European People’s Party (265)

Progressive Alliance of Socialists and Democrats (184)

Alliance of Liberals and Democrats for Europe (84)

European Greens–European Free Alliance (55)

European United Left–Nordic Green Left (35)

Europe of Freedom and Democracy (32)

European Conservatives and Reformists (54)

Non-Inscrits (27)

European CommissionEuropean Commission

The European Commission is an executive body of the EU. The Commission determines the operating objectives and priorities of the EU, submits proposals for legal acts to the European Parliament and the EU Council, manages the EU policy areas and the budget, implements the EU law and represents the EU at an international level.

The Commission operates as a cabinet government, which consists of 28 members or commissioners – one commissioner from every Member State. During their term of office, the commissioners are bound to represent the interests of the EU as a whole rather than just the interests of their home state. One of the 28 commissioners is the President of the European Commission, who is proposed by the European Council and approved by the European Parliament. The Council then appoints the other 27 members of the Commission in agreement with the nominated President, and then the 28 members as a single body are subject to a vote of approval by the European Parliament.

Council of the European UnionCouncil of the European Union

The Council of the European Union (also named the Council of Ministers) is the main decision-making body of the European Union, sharing the legislative and fiscal powers with the European Parliament.

The Council is a single body, but depending on the topic discussed it convenes in different configurations consisting of the ministers of the Member States and the European Commission commissioners responsible for the respective policy area.

The approval of both the Council of the EU and the European Parliament is required for the adoption of EU legal acts – regulations and directives of the European Parliament and of the Council, the drafts of which are prepared and submitted by the European Commission.

The EU Economic and Financial Affairs Council, where Estonia is usually represented by the Minister of Finance, is also known as ECOFIN.

The tasks of the Council of EU are:

• Adoption of the EU legal acts;

• Coordination of the general economic policy of the Member States;

• Conclusion of international agreements between the EU and one or several countries or international organisations;

• Approval of the EU budget together with the European Parliament;

• The common EU foreign and security policy;

• Coordination of the cooperation in the area of criminal cases handled by national courts and police forces.

European CouncilEuropean Council

The European Council is an EU institution where the heads of state or government of the Member States and the President of the European Commission and the European Parliament meet. Estonia is represented on the European Council by the Prime Minister (the head of government). The European Council determines the broader political guidelines of the European Union and discusses topical international matters. The sessions are held in the country of Presidency of the European Council. The European Council convenes at least twice a year.

European Central BankEuropean Central Bank

The European Central Bank (ECB) is an EU institution, which is responsible for the monetary policy of the euro zone in the 17 Member States that have adopted the common currency – the euro. The main task of the ECB is to maintain the purchase power of the euro and thereby ensure price stability in the euro zone. The Bank is located in Frankfurt am Main in Germany.

European Court of AuditorsEuropean Court of Auditors

The European Court of Auditors checks that the financial resources of the EU are managed correctly. The results of the supervision are presented in annual reports. The members of the Court of Auditors are appointed by the Council of the European Union after consultation with the European Parliament on the basis of the nominations made by the Member States. The term of office of the members is six years and can be extended. The European Court of Auditors is located in Luxembourg.

Court of Justice of the European UnionCourt of Justice of the European Union

The task of the Court of Justice of the European Union is to ensure that the EU legal acts are understood and implemented uniformly in all the Member States. Thus, for instance, Estonian courts may ask the Court of Justice of the European Union for clarification as to whether the Estonian laws are in conformity with the EU legal acts. Everyone can turn to the Court of Justice of the European Union to check whether a Member States has complied with the EU legal acts, and to apply for a repeal of a legal act issued by an EU institution. The Court of Justice of the European Union is located in Luxembourg.

European OmbudsmanEuropean Ombudsman

The European Ombudsman investigates complaints about maladministration in the EU institutions and bodies, e.g. the European Commission, the Council of the European Union and the European Parliament, and presents the relevant reports. Only the activities of the Court of Justice of the European Union and the courts of first instance in the area of the administration of justice are not included in the competence of the European Ombudsman. The Ombudsman usually organises investigations on the basis of complaints from EU citizens, but may also initiate investigations himself or herself.

The Ombudsman is appointed by the European Parliament for five years. Since 2003, the Greek Nikiforos Diamandouros is the Ombudsman. The Ombudsman and his secretariat are located in Strasbourg.

ESTONIA’S REPRESENTATION AT EU LEVEL

Estonia is represented in all the EU institutions. Estonia has six seats in the European Parliament and one of the European Commission members is from Estonia. The Estonian head of government (the Prime Minister) represents Estonia on the European Council. The Council of the European Central Bank, which is the most important decision-making body of the ECB, consists of six members of the management board and the presidents of the central banks of the 17 member states of the euro zone. One of the members of the European Court of Auditors and one of the judges of the Court of Justice of the European Union is from Estonia.

European Union citizenship

Every citizen of an EU Member State is also a citizen of the European Union. European citizenship supplements the citizenship of a Member State, but does not replace it – this means that one cannot be just a citizen of the European Union, but that the citizenship of a Member State entails EU citizenship. Thus, all the citizens of Estonia are also citizens of the European Union since 1 May 2004.

EU citizenship grants the right/freedom to move (travel), live, work and study in all the EU Member States and to receive equal treatment in the entire EU labour market, with the exception of a few limited areas (police, armed forces, and the foreign service). In addition, an EU citizen may provide public services in any Member State, i.e. engage in independent business.

Besides economic and social rights, EU citizens also have clearly defined political rights. Pursuant to the Maastricht Treaty, every citizen of the Union has the right to vote and run as a candidate at the European Parliament elections as well as at local elections in the Member State the citizen of which the person is not, but where he or she permanently resides.

Consular assistance

EU citizenship also grants extensive consular and diplomatic protection in third countries. This means that while travelling or living in a country where Estonia does not have a diplomatic representation, you as an EU citizen can turn to the diplomatic representation of any EU Member State for assistance. For instance, if you fall victim to theft or accident in Egypt, you can ask for assistance from the French Embassy who will help you get back to your home country.

For further details about the rights of EU citizens, please read the publication Your rights in the European UnionYour rights in the European Union and the EU home pagehome page.

Schengen visa area

The Schengen visa area is an area where there is no border control between countries. However, a personal identification documents must still be carried. Estonia joined the Schengen visa area on 21 December 2007. Upon the request of border control officials, citizens of countries that have not joined the Schengen visa area have to submit not only travel documents, but also documents proving the aim of their trip. Border control officials also have the right to ask proof of the existence of financial resources necessary for the trip. The Schengen area includes 26 countries, mostly EU countries and four non-EU countries (Iceland, Liechtenstein, Norway and Switzerland). Among the EU Member States, Romania, Bulgaria, Cyprus, the United Kingdom and Ireland are not part of the Schengen visa area.

For further information please see the home page of the Ministry of Foreign Affairsthe home page of the Ministry of Foreign Affairs: http://www.vm.ee/?q=node/4897http://www.vm.ee/?q=node/4897.

Member States of the Schengen Area

Future Members of the Schengen Visa Area

Movement of goods

The free movement of goods is one of the four free movements which are the basis of the functioning of the internal market of the European Union. Export and import taxes and all taxes with equal effect, as well as all quantity based restriction and similar measures between the Member States are prohibited. In principle, all the trade rules restricting the free movement of goods in any way are measures with similar effect to quantity-based restrictions.

Euro

Estonia made the transition from its own currency to the euro on 1 January 2011. The Estonian kroon was strictly linked to the euro already before, since the euro was first taken into use.

Support

The objective of regional policy is to balance and harmonise the development of the EU Member States and to thereby improve the competitiveness of the EU as an integral economic region in the world market. In order to implement the EU regional policy, Member States are given structural support offered by various funds. The European Regional Development Fund (ERDF) and the European Social Fund (ESF) are structural funds, supplemented by the Cohesion Fund (CF).

Over the coming four years (2014–2020) Estonia will pay approximately 1.4 billion EUR into the EU budget. The budget foresees 5.89 billion EUR as support for Estonia. Thus, Estonia will in those years receive 4.5 billion EUR more support from the EU budget than it pays into the budget.

For further information about the use of the structural funds so far and the possibilities to receive support, please see the home page http://www.struktuurifondid.ee/en/http://www.struktuurifondid.ee/en/.

SECURITY AND DEFENCE

Military

As a NATO Member State, Estonia’s security is ensured on the principle of collective defence, according to which an attack against one Member State means an attack against the entire alliance.

Participation in international operations

Estonia’s security is influenced by developments taking place all over the world. By participating in international military operations, Estonia contributes to its own security as well as the security of Europe and the entire world. Estonia takes part in crisis management and peacekeeping operations organised by various international organisations (NATO, the EU, the UN, and the OSCE).

Legal

As an EU member, Estonia is linked to the European economic and legal area and the common European foreign, security and defence policy.

For further information about the European security and defence policy, please read the home page of the Ministry of Defencehome page of the Ministry of Defence.

Unrepresented Nations and Peoples Organization (UNPO)

The Unrepresented Nations and Peoples Organization (UNPO) is an extra-governmental organisation which unites the indigenous peoples or the world, whose right of self-determination is restricted to a larger or smaller degree and who therefore cannot be represented in the United Nations.

The UNPO was founded in The Hague on 11 February 1991 by the representatives of twelve peoples, one of the representatives was Estonian Linnart Mäll. The secretariat is still located in Hague.

Today, more than 50 peoples and nations belong to the UNPO. Six former UNPO members have achieved complete independence and been accepted to the United Nations: Estonia, Latvia, Armenia, Georgia, Palau and East Timor.

Table of Contents

Citizen’s Handbook

Foreword

1. The Estonian State and Country

GENERAL INFORMATION

NATIONAL SYMBOLS

PUBLIC HOLIDAYS, DAYS OF NATIONAL IMPORTANCE AND FLAG DAYS

ADMINISTRATIVE DIVISION

CONSTITUTIONAL INSTITUTIONS OF ESTONIA

THE RIIGIKOGUTHE RIIGIKOGU

PRESIDENT OF THE REPUBLICPRESIDENT OF THE REPUBLIC

GOVERNMENT OF THE REPUBLICGOVERNMENT OF THE REPUBLIC

LOCAL GOVERNMENT

THE COURTS

CHANCELLOR OF JUSTICE

NATIONAL AUDIT OFFICE

E-STATE (E-ESTONIA)

2. Rights, Duties, Freedoms and Restrictions

RIGHTS

DUTIES

LEGISLATIVE DRAFTING

POLITICAL PARTIES

ELECTIONS

LEGAL ASSISTANCE

OFFENCES

CONTRACTS

CONSUMER PROTECTION

3. Estonian Citizenship and Living in Estonia

ESTONIAN CITIZENSHIP

ALIENS ACT

IDENTITY DOCUMENTS

4. Security and National Defence

POLICE

EMERGENCY CALL NUMBERS AND INFORMATION HOTLINES

POLICE EDUCATION AND TRAINING, POLICE SERVICE, ASSISTANT POLICE

SECURITY POLICE

MUNICIPAL POLICE

NEIGHBOURHOOD WATCH

RESCUE BOARD

ROAD TRAFFIC SAFETY

INSURANCE

E-SECURITY

NATIONAL DEFENCE

NATO

5. Health Care and Social Field

ESTONIAN NATIONAL SOCIAL INSURANCE BOARD

PENSIONS

BENEFITS

SOCIAL WELFARE SERVICES

GENDER EQUALITY

APPLYING FOR ASYLUM

HEALTH CARE

MEDICINES

6. Education and Lifelong Learning

RIGHT TO EDUCATION AND DUTY TO ATTEND SCHOOL

CONDITIONS FOR STUDIES

GENERAL EDUCATION

ENTERING A SCHOOL AND GRADUATING FROM A SCHOOL

PROBLEMS AND QUESTIONS RELATED TO SCHOOL

STATE EXAMINATIONS

EUROPEAN SCHOOL

HIGHER EDUCATION

SOCIAL GUARANTEES OF STUDENTS

PROTECTORS OF STUDENTS’ INTERESTS

NON-FORMAL AND INFORMAL EDUCATION

TRAINING

RECREATIONAL ACTIVITIES, HOBBY EDUCATION, PEOPLE’S UNIVERSITIES

ACCREDITATION OF PRIOR LEARNING AND WORK EXPERIENCE

PROFESSIONAL AND CAREER COUNSELLING

7. Family and Home

MARRIAGE

CHILDREN

WILL AND SUCCESSION

REGISTRATION OF A DEATH, FUNERALS

HOUSING

8. Civil Society, Everyday Life and Free Time

CIVIL SOCIETY

INVOLVEMENT AND THE RELATED TERMS

CITIZENS’ INITIATIVE AND CIVIL COURAGE

FINANCIAL RESOURCES IN THE THIRD SECTOR

VOLUNTARY WORK AND ACTIVITIES

YOUTH ORGANISATIONS

TRAVELLING

HOBBIES

PETS

FREE TIME AND NATURE

ENVIRONMENTAL PROTECTION

9. Labour Market and Entrepreneurship

EMPLOYMENT CONTRACT

INCAPACITY FOR WORK

OCCUPATIONAL HEALTH

UNEMPLOYMENT

TAXES

PERSONAL INCOME TAX RETURN

TRADE UNIONS

LABOUR DISPUTES

PRIVATE ENTREPRENEURSHIP

REGISTRATION OF BUSINESSES

ENTREPRENEURSHIP SUPPORT

INVESTMENTS

SOCIAL ENTREPRENEURSHIP

EMPLOYMENT OF FOREIGNERS IN ESTONIA

EMPLOYMENT ABROAD

10. Estonia and the European Union

ESTONIA AND WORLD ORGANISATIONS

EUROPEAN UNION INSTITUTIONS AND MANAGEMENT

ESTONIA’S REPRESENTATION AT EU LEVEL

SECURITY AND DEFENCE