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Decorations Act Issuer: Riigikogu Type: act In force from: 26.04.2014 In force until: 31.12.2014 Translation published: 21.04.2014 Decorations Act Passed 19.12.2007 RT I 2008, 1, 7 entry into force in accordance with section 76 Amended by the following acts Passed Published Entry into force 19.06.2008 RT I 2008, 35, 213 01.01.2009 26.11.2009 RT I 2009, 62, 405 01.01.2010 22.04.2010 RT I 2010, 22, 108 01.01.2011, enters into force on the day determined in the decision of the Council of the European Union concerning repeal of the derogation established in respect of the Republic of Estonia in accordance with Article 140(2) of the Treaty on the Functioning of the European Union, Decision No 2010/416/EU of the Council of the European Union (OJ L 196, 28.07.2010, pp. 24–26). 26.03.2014 RT I, 16.04.2014, 1 26.04.2014 Chapter 1 GENERAL PROVISIONS § 1. Scope of application of this Act (1) This Act establishes the national awards (hereinafter, ‘decorations’) to be bestowed by the President of the Republic, provides their classes and descriptions, the procedure for bestowal, wearing, withdrawal, and return of decorations, the procedure for registration of orders of honour and orders of merit, and liability for violations of this Act. (2) The provisions of the Administrative Procedure Act apply to the administrative procedure described in this Act without prejudice to the provisions of this Act. § 2. National decorations (1) Decorations are: 1) Vabadusristi aumärk[the Order of Honour of the Cross of Liberty]; 2) Riigivapi teenetemärk[the Order of Merit of the National Coat of Arms]; 3) Maarjamaa Risti teenetemärk[the Order of Merit of the Cross of Terra Mariana]; 4) Valgetähe teenetemärk[the Order of Merit of the White Star]; 5) Kotkaristi teenetemärk[the Order of Merit of the Cross of the Eagle]; 6) Eesti Punase Risti teenetemärk[the Order of Merit of the Estonian Red Cross]. (2) It is prohibited to establish, manufacture or use an order of honour or order of merit or any other emblem whose similarity to a decoration established in this Act is such as to render it likely to be confused with that decoration. Decorations Act Page 1 / 14 § 3. Cross of Liberty (1) The Cross of Liberty was instituted in 1919 to give recognition for meritorious service during the Estonian War of Independence. The Cross of Liberty is a military decoration bestowed during a war conducted to defend the independence of Estonia. (2) The Cross of Liberty comprises three divisions: 1) Division One-bestowed to give recognition for military service during a war conducted to defend Estonian independence; 2) Division Two-bestowed to give recognition for personal valour during a war conducted to defend Estonian independence; 3) Division Three-bestowed to give recognition for administrative and civil service during a war conducted to defend Estonian independence. (3) Bestowal of the Cross of Liberty was terminated by the Act of 19 June 1925 (RT11925, 109/110, 53). The Cross of Liberty may be bestowed again in the event of a war conducted to defend the independence of Estonia as of the declaration of the state of war until the entry into force of an Act to terminate the bestowal of the Cross of Liberty. § 4. The Order of Merit of the National Coat of Arms (1) The Order of Merit of the National Coat of Arms was instituted in 1936 to commemorate 24 February 1918 -the day on which the independence of Estonia was proclaimed. The Order of Merit of the National Coat of Arms is bestowed only on Estonian citizens as the highest decoration to give recognition for services rendered to the state. (2) The President of the Republic is holder of the Order of Merit of the National Coat of Arms, Collar Class. The collar of the Order is passed on together with the office of the President. § 5. The Order of Merit of the Cross of Terra Mariana The Order of Merit of the Cross of Terra Mariana was instituted in 1995 as a tribute to the independence of the Estonian state. The Order of Merit of the Cross of Terra Mariana is bestowed on foreigners as the highest decoration to give recognition for service rendered to the Republic of Estonia. § 6. The Order of Merit of the White Star The Order of Merit of the White Star was instituted in 1936 to commemorate the fight for freedom of the Estonian people. The Order of Merit of the White Star is bestowed on individuals in the service of the government or of local authorities, or to give recognition for services or achievements of nation-wide importance in economy, education, science, culture, sports or other areas. § 7. The Order of Merit of the Cross of the Eagle The Order of Merit of the Cross of the Eagle was instituted in 1928 by the National Defence League to commemorate the tenth anniversary of the independence of Estonia. The Order of Merit of the Cross of the Eagle is bestowed in order to give recognition for military service and service in the field of national defence. § 8. The Order of Merit of the Estonian Red Cross The Order of Merit of the Estonian Red Cross was instituted in 1920 by the Estonian Red Cross Society. The Order of Merit of the Estonian Red Cross is bestowed to give recognition for service rendered to the interests of the Estonian people in healthcare and social spheres and for the saving of life. § 9. Decoration holder (1) Decorations may be bestowed on Estonian citizens and on foreigners. (2) Decorations may also be bestowed posthumously. (3) Decorations for combat service may also be bestowed on military units or sub-units. [RT I 2008, 35, 213 - entry into force 01.01.2009] (4) A person whose decoration has been withdrawn is not deemed a decoration holder. Chapter 2 Page 2 / 14 Decorations Act BESTOWAL, WEARING AND WITHDRAWAL OF DECORATIONS § 10. Bestowal of decorations (1) The regular bestowal of decorations takes place once a year on the occasion of 24 February, Independence Day. (2) Decorations may also be bestowed at any other time in exceptional cases, including in the event of a state visit or if a diplomat accredited to Estonia departs from Estonia upon expiry of his or her term of office, or posthumously. (3) During the time of peace, a person who has been awarded a decoration may generally be awarded another decoration for similar service when five years have passed since the adoption of the decision concerning bestowal of the previous decoration and for different service when three years have passed since the adoption of the decision. (4) Before bestowing a decoration upon a foreigner the President of the Republic hears the opinion of the Minister of Foreign Affairs. (5) Decorations together with the corresponding certificates are bestowed without charge. (6) The bestowal of decorations and any related operations are arranged by the Office of the President of the Republic. § 11. Proposals for bestowal of decorations (1) Everyone, including every agency and institution, is entitled to make proposals to the President of the Republic to bestow a decoration. The Office of the President of the Republic notifies the person who made a proposal of having received the proposal. (2) Proposals to bestow a decoration on Independence Day are to be made to the President of the Republic by 1 November of the year preceding bestowal of the decoration. (3) The President of the Republic reviews the proposals to bestow a decoration and makes the corresponding decisions. The President is not required to substantiate refusals to bestow the proposed decoration. (4) A proposal to bestow a decoration must contain the name, date of birth and description of the service rendered by the person in regard to whom the proposal is made. (5) Information concerning any proposal to bestow a decoration is classified as information restricted to internal use for five years from receiving the proposal. § 12. Wearing of decorations (1) A decoration may only be worn by the person upon whom the President of the Republic has bestowed it, provided the decoration has not been withdrawn. (2) Decorations are to be worn in accordance with the good practice of wearing decorations. The Office of the President of the Republic provides explanations concerning the good practice of wearing decorations. § 13. Withdrawal and return of decorations (1) The President of the Republic may decide to withdraw a decoration when: 1) a court judgment which convicts the holder of an intentionally committed criminal offence has become final, or 2) circumstances are revealed which predate bestowal of the decoration to the holder and knowledge of which would have precluded the bestowal, or 3) the subsequent conduct of the holder has been inappropriate to an extent that would preclude bestowal of the decoration upon that holder. (2) A decoration holder whose decoration has been withdrawn by resolution of the President of the Republic must return the decoration to the Office of the President. Chapter 3 Decorations Act Page 3 / 14 CLASSES AND DESCRIPTION OF DECORATIONS Division 1 Order of Honour of the Cross of Liberty § 14. Ranks of the Order of Honour of the Cross of Liberty Each division of the Cross of Liberty is divided into three ranks. § 15. The Cross of Liberty, Division One, First Rank (1) The cross of the Order of Honour of the Cross of Liberty, Division One, First Rank is a Latin cross which is 45mm high and 39mm wide, and whose embossed surface is covered in white enamel set in a gold colour border.
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