Amendments To The Latvian Code Of Administrative Offences

Original Language Title: Grozījumi Latvijas Administratīvo pārkāpumu kodeksā

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/123.3


The Saeima has adopted and the President promulgated the following laws: the amendments to the Latvian Code of administrative offences in the Latvian Code of administrative offences the following amendments: 1. Express 166.36 article as follows: "article 166.36. The insolvency practitioner and the legal protection process for breaching insolvency proceeding or remedy the contravention of the provisions of the process if it is done in the insolvency proceedings or remedies a person involved in the process, impose a fine of up to seventy-seven hundred euro, minus the Executive Board or a representative of the debtor the right to occupy certain positions or companies without it. " 2. To supplement the code with the following wording for article 179.4: "179.4 article. The ban on the body of water ice breaking about his domestic public bodies of water or coastal body of water ice, if such a position is prohibited by the laws in the order, expressed the warning or imposed, fines of up to seventy euro. The same acts, if committed under the influence of alcohol or drugs, or other intoxicating substances, — imposes fine from fifteen to one hundred euro. " 3. Replace article 201.5 in the third paragraph, the words "without registering in the national electronic media Council" with the words "without notification to the national electronic media Council". 4. Supplement 210. the first part of the article after the number and the words "the fourth part of article 179," with the number and the word "article" 179.4. 5. Express article 214.1 as follows: "article 214.1. Municipal police municipal police authorities look for this code in article 42.1, 117.1 first in the sixth and the tenth part, 117.2 — article 117.7 article 117.6 (on irregularities that made the rest of the ship Manager internal waters), 117.8 article 137.1, first and second subparagraphs, the fourth subparagraph of article 149.5, 149.10 article 149.23 article, second paragraph, in the second paragraph of article 149.29, 149.31 eighth article, article 155, the first part of article 155.4 Article 155.10, fifth and sixth subparagraphs, article 166.20 166.9 in the first paragraph, 167, 171, 167.2, 170.1, 171.2, 172, 181, 174.4, third paragraph 186. in the second subparagraph of article 201.35, the third and fourth part of administrative offences provided for in the case. Consider the case of administrative offences and impose administrative penalties on the municipal police authority is entitled to municipal police authorities identified the driver and his municipal police officers. " 6. turn off the sixth subparagraph of article 248(4) of the words "and money traffic tickets". 7. Supplement article 276 with third and fourth subparagraph by the following: "If a decision is taken on the imposition of the fine area of sending employer in another European economic area country, national labour inspectorate shall forward a request for notification of the relevant decision of the European economic area to the national authority. If the State Labour Inspectorate has received other European economic area national authorities a request for the decision on the imposition of the fine in the field of posting of workers the employer located in Latvia, the national labour inspectorate shall immediately notify the employer of the decision on the imposition of the fine. " 8. in article 289.17: make the third paragraph as follows: "the appeal or protest shall be drawn up in accordance with the requirements of article 289.1 of the code. In addition, the appellant noted the appeal proceedings basis: 1) what the substantive rules in district (municipal) Court or incorrectly translated, or any breach of the rules of procedural law and how it affected the judgment of the case; 2) what evidence the district (municipal) Court incorrectly assessed the facts of the case, and gets the legal assessment accuracy and how it affected the judgment of the case. " to supplement the article with the fourth paragraph as follows: "the appeal shall be accompanied by copies of the relevant administrative proceedings. The appeal or protest shall be filed at the district (City) Court of Appeal ruling. " 9. Replace the first 289.19 and sixth part number and the word "article" with 289.1 number and the words "the third subparagraph of article 289.17". 10. Express article following 289.20:289.20 "article. The appellate court action after complaints and cases of receipt of materials

Satisfied that the appeal of the District Court judge to decide the issue of the appeal proceedings. Found that the appeal sent to the Court of appeal, in violation of the procedure for lodging a complaint, the judge accepts one of the following decisions: 1) waiver to institute appeal proceedings if the complaint is lodged on the ruling, which under law may not be appealed. In this case, the complaint together with the case sent to the Court of first instance that the complaint is returned to the applicant; 2 the transmission of the case), the Court of first instance statutory actions when submitting the appeal, this code is not complied with, the third subparagraph of article 289.17 or the fifth subparagraph of article 289.19. If the second part of this article 1 the conditions set out in paragraph finds the complaint on the merits, the Court shall decide on the appeal. If there is at least one article of this code 289.17 third appeal referred to legal proceedings, the judge shall decide on the appeal of the legal proceedings and determine the date when the complaint will be heard writing process. If the judge to whom the appeal was passed for decision, acknowledges that the legal proceedings of appeal is refused, because the prosecution does not exist, the question of the appeal within 10 days of the initiation of the three judges decide collegially. If any one of the three judges believe that there is at least one article of this code 289.17 third appeal referred to legal proceedings, the judges decide on the appeal of the legal proceedings and determine the date when the complaint will be heard writing process. If the judges unanimously recognized that there is no article of this code 289.17 third appeal referred to legal proceedings, the judges decide on the refusal to institute appeal proceedings. The decision shall be drawn up in the form of a resolution, stating that the judge made a decision. The decision is not appealable. The decision taken shall be notified to the appellant. " 11. To supplement Article 299 with the fifth, sixth, seventh and eighth as follows: "If the final decision on the imposition of the fine area of sending employer in another European economic area country, and it is not executed voluntarily, the State Labour Inspectorate sends the request for enforcement of a decision relevant to the European economic area to the national authority. If the State Labour Inspectorate has received other European economic area countries on request, the final decision on the imposition of the fine in the field of posting of workers the employer located in Latvia, the execution, the State Labour Inspectorate shall immediately notify the employer of the decision on the imposition of the fine. If, after the decision on the imposition of fines is not executed voluntarily, the State Labour Inspectorate shall communicate the decision on imposition of fine for enforcement. The recovered fine dwelling in the State budget. The national labour inspectorate in the sixth part of this article that demand without transfer execution, if the internal market information system (IMI): 1) does not contain information that allows to identify and prosecute employers of the infringement; 2) is not the date when the decision has become non-appealable; 3) is not attached to the decision, which must be carried out on the basis of the administrative penalty. The national labour inspectorate in the sixth paragraph of this article, that demand may not release if the execution violates the Constitution of the Republic of Latvia in certain fundamental rights. " 12. transitional provisions be supplemented by 35 the following: "35. Amendment of article 248 of this code in the sixth part of the traffic tickets off shall enter into force on 1 September 2016." 13. Add to the informative reference to directives of the European Union with 28 the following: "28) of the European Parliament and of the Council of 15 may 2014 2014/67/the directive on how to run the EU Directive 96/71/EC on the posting of workers in the framework of the provision of services, and amending European Parliament and Council Regulation (EU) no 1024/2012 on administrative cooperation through the internal market information system (" IMI "Regulation)." The Saeima adopted the law on 9 June 2016. The President r. vējonis 2016 in Riga on June 29.