Amendments To The Civil Procedure Act

Original Language Title: Grozījumi Civilprocesa likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/245862


The Saeima has adopted and the President promulgated the following laws: the law of civil procedure to make the civil procedure law of the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 1998, no. 23, no. 15; 2001; 2002; 2003, no. 24, 15; 2004, nr. 6, 10, 14, 20; 2005, nr. 7, 14; 2006, nr. 1, 13, 20, 24, 3. No; 2007, nr. 24; 2008, 13 no, 2, 6, 2009., no. 14; Latvian journal, 2009, no. 205; 2010, 166, 183, 206. no; 2011, 16, 95, 132, 148 no). the following amendments: 1. Complement article 43 first paragraph with 11.1 points as follows: "a collection agency — implementation of the 111) in cases when the drive made pursuant to the uniform instrument permitting enforcement in the requested Member State;".
2. Supplement article 229, second subparagraph with the sentence by the following: ' in the cases provided for in this law, the decision may be made in the form of a resolution. The decision shall specify the law article 230, first paragraph, 1, 2, and 6. " 464. Article 3: Add to the second part of the sentence the following wording: "the decision determines the action the writing process or Court of session."; Add to article 4.1 part as follows: "(41) in the second, third and fourth paragraph that decision may be executed in the form of a resolution, pursuant to this law, in the second paragraph of article 229." 4. To supplement the law with 464.2 and article 464.3 as follows: "article 464.2. The determination of the trial proceedings, the written procedure shall be determined, if possible, to take a decision in the case. If you need additional explanations of the parties, or at the discretion of the Senate case concerned may be of particular importance for the interpretation of the law, determines the proceedings at the hearing. 464.3 article. Written proceedings and pronouncement of judgment and (1) a written procedure after the case materials, subject to the jurisdiction of the Court of cassation instance. (2) the Person who submitted the complaint or protest, as well as those persons whose interests touch complaint or protest, declared that the case will be heard in the writing process, explains these procedural rights, informed of the composition of the Court, which will hear the case, explains the right to lodge the rejection and inform the judge on the date when a copy of the judgment to be able to get the clerk of court. This date is considered the date of the judgment in full. (3) in this law, civil procedure law, related to the preparation of the hearing of the case, the parties are entitled to use no later than seven days before the hearing of the case announced. (4) if necessary, the Court shall require the Prosecutor to submit views in 10 days. (5) judgment of the Court of Justice, after declaring the judgment the Parties shall promptly provide a copy of the judgment. (6) upon the written request of the party a copy of the judgment can be sent by mail or, if possible, otherwise in accordance with this statutory court and document delivery service. A copy of the judgment shall send to the parties immediately after the full judgment. (7) the writing process, you can also make a decision on the referral to the Court. " 5. Supplement Article 477.1 after the number and the words "the third paragraph of article 464" with a number and the words "the second paragraph of article 464.3". 6. Supplement article 15.540 paragraph by the following: "15) single instrument permitting enforcement in the requested Member State and defined 18 November 2011 the Commission implementing Regulation (EU) no 1189/2011 II." 7. Supplement to chapter 67 547.1 article as follows: "article 547.1. The dates by which foreign authorities execute requests for assistance on recovery

If the document is issued to foreign tax claims, enforcement is carried out within the time limit as specified in the foreign authority requests for assistance on recovery, but it changes the time limit specified by the authority in the country's foreign revenue in the notification submitted. " 8. Supplement article with 560 2.1 part as follows: "(21) if the debtor whose debt is recovered on the basis of the uniform instrument permitting enforcement in the requested Member State is contested or appealed by the claims of the applicant Member State or filed a complaint against the applicant Member State carried out enforcement actions and the authority of Member States have initiated the procedure for the examination of the complaint, the Executive Management at the request of the State revenue service is stopping for contested or appealed the portion of the claim and in accordance with the request of the authorities of the Member States which has requested mutual assistance for recovery. " 9. Supplement 562. the first paragraph of article 13 with the following: "13) of this Act 560. Article 2.1 in the case provided for in part until the State revenue service received notice that according to the information provided by the authorities of the Member States, which has requested mutual assistance for the recovery of claims, become enforceable complaints handling procedure in ruling on the challenge to the claim or the enforcement." 10. Add to 563. the first subparagraph of paragraph 11 with the following: "foreign authority reference 11) a request for assistance on tax, duties, with the costs of recovery or other mandatory recovery." 567. Article 11: adding to the second part of paragraph 6 by the following: ' 6) in cases where the drive is to be made according to the uniform instrument permitting enforcement in the requested Member State, unless the State revenue service has agreed with the authority of a Member State which has requested mutual assistance for the recovery of claims for the reimbursement of the cost of implementing specific procedures. '; to supplement the article with the sixth part as follows: "(6) the bailiff may submit to the national revenue enforcement requires the expenditure of enforcement request and ask that they agree with the authority of the Member State concerned, which has requested mutual assistance for the recovery of claims for the reimbursement of expenditure in the special order, if at least one of the following cases: 1) tax recovery requires enforcement costs very much; 2) drive is focused on organized members of the property which was seized by the judgment in criminal matters (Council directive 2010/24/EU 20). " 12. Supplement article 568 of the seventh paragraph as follows: "(7) if the Executive records terminated in accordance with this law, 563 of the first paragraph of article 11 and the withdrawal of the request for assistance is due in the claim or recovered it in the document issued by the cancellation, the bailiff shall submit to the State revenue service implementing expenditure and asking it to agree with the authority of a Member State which has requested mutual assistance for the recovery of claims for reimbursement of the costs of enforcement. " 13. Add to the informative reference to European Union directive to point 4 as follows: "4) Council of 16 March 2010. the 2010/24/EU directive on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures." The law shall enter into force on April 1, 2012.
The law adopted by the Parliament in March 15, 2012.
The President a. Smith in 2012 on March 28.