Amendments To The Law "on Judiciary"

Original Language Title: Grozījumi likumā "Par tiesu varu"

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Read the untranslated law here: https://www.vestnesis.lv/op/2013/128.7


The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on judicial power" to make the law "on judicial power" (the Republic of Latvia Supreme Council and Government Informant, 1993, no 1; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1994, nr. 1, 13; in 1995, 10, 22 No.; 1996, nr. 3, 13; 1997, 5, no. 21; in 1998, nr. 22, 23; 1999, no. 23; 2001, 24 no; 2002, no. 23; 2003, no. 14; 2004, no. 2; 2005, 8, 20 no; in 2006, 7, 24 no; 2007, nr. 24; 2008, 10, 24 no; 2009, 2., no. 12, 14; Latvian journal, 2009, no. 199; 2010, no. 99, 206; 2011, 99.120. No.) the following amendments: 1. To supplement the law with article 27.1 the following: ' article 27.1. Term management of cases in court (1) the President of the Court before the beginning of each calendar year, in cooperation with the judges of the Court, the Court shall determine the plans and work objectives for the medium term of court proceedings (before the term standard). (2) the standard period of proceedings is determined in the light of the resources of the Court and the need to ensure the person's right to a hearing within a reasonable time and subject to other basic principles of the proceedings. (3) the President of the Court of Justice confirms the maturity of the standard proceedings in court and before the actual time in court. (4) the approved proceedings date to the President of the Court of Justice of the standard each February 1, submit information to the Council of Justice. "
2. Express article 28.2 fifth as follows: "(5) in open court judgements of the Court adopted after the date of its entry into force shall be published in the internet home page, where the law provides otherwise. Likewise also publishes court decisions set by the Cabinet of Ministers. Publishing a court ruling shielded them, part of the information that reveals the identity of the natural person. "
3. Replace the fourth subparagraph of article 17.6 of the words "recognition of persons incapacitated for a long illness or insanity" with the words "personal capacity limitation of mental or other health problems". 4. in article 17.8: make the third paragraph as follows: "(3) the information system of the courts are familiar with, and is the holder of the administration of Justice."; Add to article 5.1 part as follows: "(51) the information in the system of courts in the court calendar marks the court date and time, as well as information on sworn lawyer and Prosecutor busy. Court calendar made marks for the hearing date and time determination is binding for planning proceedings the hearing with his lawyer or Prosecutor sworn in attendance, participation in which another court hearing if the Court marked the calendar. " 5. Article 30: put the name of the article as follows: "the district (City) Court's jurisdiction"; to supplement the first part with the words "where the law provides otherwise".
6. Turn off the article 32 of the fourth part of the first and third sentence. 7. Article 33: Supplement to article 2.1 part as follows: "(21) one and the same person can be the district (City) Court President more than two terms in a row."; Supplement third with 4.1-4.5 point as follows: "41) organizes the work of the Court; 42) promote uniform court practice Court, organized by topical application of law issues and case law analysis; 43) provides the transparency of judicial work; 44) monitors the quality of judicial staff and visitor service standards in court; 45) promotes compliance with rules of professional conduct, and their common understanding in court; " make the third subparagraph of paragraph 5 by the following: "5) submitted to the Court Administration requests the Court to provide the operational facilities;" Supplement to the third part of paragraph 9 by the following: "9) in accordance with the decision of the President of the District Court to appoint a judge to carry out an investigation of the judge's duties for a period of up to three years."; to make the fourth subparagraph by the following: "(4) the Chairman of district city court may: 1) verify compliance with procedural time judges in cases of litigation, as well as the sort of legislative compliance, including court rules, recordkeeping requirements; 2) to request an explanation for the judges to judge the work of the Organization and other issues of competence laid down in this article; 3) give the judge orders related to the Organization of work of the judges for the performance of the duties of the position. " to supplement the article with a fifth by the following: "(5) if the judge without good reason do not take the necessary procedural steps to ensure a hearing within a reasonable time, and where the judge scheduled period does not provide a trial within a reasonable time, the Court may: (1)) to ask the judge to determine the appropriate period, taking into account the circumstances of the case, the procedural action to be carried out; 2) redistribute the judges things under the distribution plan. " 8. Express article 36 as follows: "article 36. District Court jurisdiction of the courts of appeal in civil, criminal and administrative cases, where the law provides otherwise. " 9. Turn off the article 37. 10. Article 40: Supplement to article 2.1 part as follows: "(21) one and the same person can serve as President of the District Court of no more than two terms in a row."; make the third paragraph as follows: "(3) the President of the District Court made this law, article 33 of the third, fourth and fifth part functions. '; to supplement the article with the fourth paragraph as follows: "(4) the President of the District Court in the District Court area of the district (City) Court in which the judge assigned to the investigation, as well as investigative judges working schedule within the territorial scope of the District Court." 11. Article 43 be worded as follows: "article 43. The structure of the Supreme Court and jurisdiction (1) the Supreme Court shall consist of Administrative Affairs Department, Department of civil and Criminal Department. (2) the Supreme Court is the Court of cassation instance, if otherwise provided by law. "
12. Express article 44 text by the following: "(1) the total number of judges of the Supreme Court shall be determined by the Council of Justice, the Parliament proposal. The total number of judges determines the justice departments of the Council of the President of the Supreme Court. (2) Department of the President of the Supreme Court shall be elected by the full Court of the Supreme Court, pursuant to the principle of single representation of gender. (3) the Chairman of the Department of the Supreme Court for a period of five years. " 13. off 45, 46 and 47.
14. Express article 48 the following: ' article 48. The Department consists of the Supreme Court (1) Department of the Supreme Court case on a collegial basis by three judges. (2) in the cases specified in law matters extended composition. " 15. Express 30.5 article as follows: "article 49.1. Department of the Supreme Court judges to the general meeting (1) the Supreme Court judges by the general meeting of the Department is that the actual body of the collegiate rights discussion convened by the President of the Supreme Court. (2) Department of the Supreme Court judges ' general meeting discusses the actual interpretation of the rules of law, to ensure uniformity in law. (3) Department of the Supreme Court judges ' general meeting his views on the law in the interpretation and application of the questions formulated as a decision which shall be published in the home page of the internet. " 16. Make the article 50 as follows: "article 50. The President of the Supreme Court (1) the work of the Supreme Court headed by Chief Justice of the Supreme Court, where the judges after the Supreme Court plenum adopted by the Saeima a proposal for five years. One and the same person can serve as President of the Supreme Court for not more than two consecutive terms. (2) the President of the Supreme Court headed by the Supreme Court plenary meetings, and he has the right to participate in proceedings before the Supreme Court. (3) the President of the Supreme Court of Justice, in agreement with the Council, shall submit to the Parliament a proposal for the appointment of the Attorney General and other prosecutors shall exercise the powers laid down in the law relating to the appointment of the Attorney-General, release or dismissal from Office. (4) the President of the Supreme Court after a high court judge's approval of the post down to the Supreme Court, in which the departments of this judge will carry out their obligations. (5) the Chief Justice of the Supreme Court shall be convened by the Chairman of the hearing, the Department in which the judge or the Court shall settle the matter submitted for exposure, with voting rights, participating in meetings and manages them. (6) the President of the Supreme Court is also article 33 of this law in the fourth and fifth part functions. "
17. Article 63 of the expression as follows: "article 63. Judge default maximum age for judges filling the maximum age is 70 years. "
18. Article 73 of the expression by the following: ' article 73. Land Registry Department of a court and the Court stamp and stamp in the land registry office, if it provides for a measure, use the national coat-of-arms according to the law "on Latvian National coat-of-arms '."

19. Add to article 73.1 of part 2.1 as follows: "(21) after the Saeima a proposal of the Council of Justice shall decide on the judge's removal of the lower-level court. The judge can transfer a lower level court judge where he gave written consent. "
20. Express and article 78.79 by the following: ' article 78. The President of the Supreme Court and Chairman of the Department of (1) the President of the Supreme Court's temporary absence following his order replaces one of the chairs of the Department. (2) Department of the temporary absence of the Chairman following the order of the President of the Supreme Court will replace one of the judges of the Department. Article 79. Judges of the Supreme Court replacement justices of the Supreme Court vacancy or temporary absence, the Council of Justice at the Supreme Court and judges of the proposal of the President of the qualifications of a positive opinion of the can for the time — not more than two years, ask to replace the judge, Supreme Court of honor judge or district judge, if he gave his written consent. " 21. Chapter 12: express the Department name as follows: "the term of Office of a judge, the judge's dismissal or the cancellation of the post"; to complement the chapter with 80.1 article as follows: "article 80.1. The judge's term of Office the judges shall expire on the day the mandate ends to judge appointed, as well as with the position of this statutory maximum age of default or the death of the judge. " 22. Replace the 81 in the first subparagraph of article numbers and the words "1, 2, and in paragraph 4, the words" and the numbers "1 and 2". 23. off article 82, first paragraph, point 4. 24. Article 84 of the expression by the following: ' article 84. The judge's removal from post (1) If the district (municipal) Court or regional court judge brought disciplinary proceedings, the Minister of Justice, the judges ' disciplinary Collegium of the proposals received, the judge suspended following resignation until the date of entry into force of the disciplinary ruling. (2) If a judge of the Supreme Court brought disciplinary proceedings, the President of the Supreme Court, the judges disciplinary Collegium of the proposals received, the judge suspended following resignation until the date of entry into force of the disciplinary ruling. (3) If in criminal proceedings, the judge won a procedural status: a person who has the right to defence, he is disqualified from the exercise of functions by the moment when the Court has received notification of the promoters of the process (information) to the President of the criminal law for the criminal proceedings. (4) the judge disqualified from Office with the consent of the judge, the President of the Supreme Court or the Minister of Justice seconded Court, Ministry of Justice or the Court Administration position, which is not public officials, to the time of the suspension, the community set out in the relevant work pay. If the judge does not consent to the assignment of another job, his dismissal during paid the national minimum wage. If the entry into force of the decision on the termination of criminal proceedings and the termination basis is related to the person of reabilitējoš conditions or the entry into force of the decision on the termination of the disciplinary proceedings, concluding that it proposed, or the Court has given judgment in supporting the criminal, the judge paid all of the suspension period not paid wages as well as allowances. " 25. replace article 86.1 of the second paragraph, the words "of the Court concerned or the relevant Department" with the words "relevant departments".
26. To complement the article 89 to sixth as follows: "(6) the judge shall ensure that the decision to form a separate procedural document is processed and placed in the Court on the content in the system." 27. Replace article 91.3 in the third paragraph, the words "which of the judges released due to statutory posts maximum age of default" by the words "towards which the judge's powers ended up with this legal position, the maximum age of default".
28. Make the second subparagraph of article 93, the first sentence by the following: "the judges ' qualification board consists of one Supreme Court administrative judge, one of the Department of civil cases of the Supreme Court judge of the Department, one Department of criminal cases of the Supreme Court judge, one of the College of civil District Court judge, one College of Criminal District Court judge, one of the regional administrative court judge and two district (municipal) courts and land registry departments of one judge."
29. Article 107: in the second subparagraph of paragraph 1, replace the words "administrative management" with the words "organizational management"; turn off paragraph 4; supplement paragraph 5, after the words "carried out" by the words "and audits".
30. in the second subparagraph of article 107.1: turn off paragraph 2; make the following paragraph 11: "11) provides an introduction to the judges disciplinary material, as well as send the disciplinary judges disciplinary Collegium of materials;" Replace paragraph 13, the words "ensure the unified computerized land register information" with the words "distributed by the national judicial authorities of information the information entered in the system"; turn 18; Add to part with 23 points as follows: "23) issue internal regulations of the district (City) courts, regional courts and land registry departments of administrative and financial management, as well as checks are carried out."
31. Supplement article 108 with paragraph 4 by the following: "4) monitor the District Court and district (City) Court Chairman and Deputy, district (City) Land Court Department Chief and his Deputy, as well as the District Court and district (City) Court House of the Chairman's duties, including the may require clarification of issues related to courts, Court House or land registry Department of the administration." 32. the transitional provisions be supplemented with 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72 and 73 of the paragraph by the following: "54. judge of the Supreme Court, which extended his period of after the judge excused the maximum age, continue to perform the duties of the judges by the end of the statutory period. 55. the district (City) Court judge or a judge of the District Court, which extended his period of after the judge excused the maximum age, continue to perform the duties of the judges until the age of 70. 56. The District Court shall by 2014. February 1, the concerned District Court area of the district (City) Court in which the judge assigned to the investigation. Investigating judges who carry out duties in the district (City) courts, which, in accordance with decision of the President of the District Court is not assigned to further the investigation judge, their responsibilities continue to make 2014 February 1. 57. The Supreme Court may, in addition, article 43 of this law establishes the structure until 2014 31 December is the Supreme Court's Criminal Chamber of the Supreme Court's Civil Chamber, but from 1 January 2015 to 2016 December 31 — the Supreme Court's Civil Chamber. 58. The Justice Council until 1 may 2014, based on the proposal of the President of the Supreme Court shall determine the total number of judges of the Supreme Court's Administrative Affairs Department, Department of civil, criminal and civil court Department of the Chamber of deputies from 1 January 2015. 59. The Justice Council until June 1, 2014 shall be submitted to the Parliament a proposal concerning determination of the total number of judges in district (municipal) courts, regional courts and the Supreme Court from January 1, 2015. 60. As long as the structure of the Supreme Court's Criminal Chamber of the Court, the judges of the Chamber may be made to this Court's judge. As long as the structure of the Supreme Court's Civil Chamber of the qualification board of judges, the composition of this Chamber might be the judge. 61. The Justice Council until 2016 to May 1, on the basis of the proposal of the President of the Supreme Court shall determine the total number of judges of the Supreme Court's departments from 1 January 2017. 62. The Justice Council until June 1, 2016 shall be submitted to the Parliament a proposal concerning determination of the total number of judges in district (municipal) courts, regional courts and the Supreme Court from January 1, 2017. 63. the amendment of civil procedure law in the District Court is the Court of first instance for civil matters to them under the Act has jurisdiction to the District Court. District Court civil cases of first instance proceedings are heard by a sole judge. 64. To the Supreme Judicial Court of expiry of court cases are heard on a collegial basis by three judges. 65. To the Supreme Judicial Court of the expiry of the President of the Court shall be elected by the full Court of the Supreme Court, pursuant to the principle of single representation of gender. Court Chairman for a period of five years.

66. the Supreme Court Chamber of the expiry of Chief Justice Department judges of the Supreme Court vacancy or temporary absence may ask him to replace Supreme Court Justice Court judge. 67. the Department of the Supreme Court judge's post in the Department of the general meeting of judges of the Supreme Court after a proposal from the President can appoint another department or a court judge who received the qualification board of judges a positive opinion. 68. the Supreme Court Chamber of the expiry of the judges of the Court vacancy or temporary absence, the Council of Justice at the Supreme Court and judges of the proposal of the President of the qualifications of a positive opinion of the can for the time — not more than two years, ask to replace the judge, Supreme Court of honor judge or district judge, if he gave his written consent. 69. the terms used in this law, "the Supreme Court", "the Supreme Court's Administrative Affairs Department," "the civil Department of the Supreme Court" and "the Supreme Court's Criminal Department will" meet other regulations used terms "Senate of the Supreme Court" or "Senate", "the Supreme Court Senate Administrative Department" or "Department of administrative cases of the Senate, the Senate of the Supreme Court Civil Department" or "Senate" and "Department of civil cases of the Supreme Court Senate Criminal Department" or "Senate Criminal Department". The Cabinet of Ministers until July 1, 2015. to prepare and submit to the Parliament a Bill to other laws introduced the relevant Department of the Supreme Court. 70. The Cabinet of Ministers shall examine whether the Supreme Court's Criminal Chamber of the Court winding-up effect on proceedings in criminal matters (the required amendments to the legislation, reform of the financial and logistical support URu.tml.) and up to 1 March 2014 shall be submitted to the Parliament a report on it. 71. The Cabinet of Ministers shall examine whether the Supreme Court's Civil Chamber of the liquidation of the effects on civil proceedings (amendments required legislation, reform of the financial and logistical support URu.tml.) and up to 1 March 2015 submitted to the Parliament a report on it. 72. A judge who until 2014 1 January appointed or approved of the President of the Court of Justice and after January 1, 2014 continues to fulfil the duties of the President of the Court, after the expiry of this term repeatedly can appoint or approve the appointment of the President of the Court of Justice for one term. 73. The amendments to this law, 30, 36, 37, 43, 44, 45, 46, 47, 48, 50, 78, of 30.5, 79, 86.1, and article 93, relating to the reorganization of the Supreme Court enter into force 1 January 2014. " The law shall enter into force on 1 September 2013. The Parliament adopted the law of 13 June 2013. The President a. Smith 2013 in Riga on July 4.