Amendments To The Civil Procedure Act

Original Language Title: Grozījumi Civilprocesa likumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/234862

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 no). the following amendments: 1. Add to article 11 the first paragraph of paragraph 5 by the following: "the unlawful movement of the child 5) across the border to foreign or detention abroad and illegal movement of children across the border to Latvia or detention in Latvia."
2. Supplement article 24 to the sentence the following wording: "the district (City) land registry Department of a court shall consider applications for compulsory execution and non-litigious obligations forced execution warning."
3. turn off the second subparagraph of article 34 of the introductory paragraph.
4. Add to article 74 of the seventh part of paragraph 2 with the words "submitted to the evidence".
5. Supplement article 131, first paragraph, introductory paragraph following the words "seven days" with the words and figures "but by this law, or 644.17 referred to in article 644.7 application no later than the next day".
6. Express name and article 137 the first paragraph by the following: ' article 137. Requirements assurance basis and content of the application (1) If there is reason to believe that the execution of the Court's decision in the case could be difficult or impossible, the Court or judge of a reasoned application of the plaintiff, may take a decision on the claim. The application of the provision to be requirements: 1) the name of the Court to which application is made;
2), the applicant, and of his representative, if the representative travel requirements, the defendant, the third party's name, surname, personal code and residence, but a legal person, its name, registration number and location (legal address). The defendant's personal number or registration number, if known;
3) action;
4) the amount of the claim;
5) security feature requirements that the applicant asked to apply;
6) the circumstances under which the applicant justified requirements of necessity. "
7. Supplement article 138 of the fifth with the words "indicating the amount of the claims to be secured".
8. Supplement article 140 in the first part of the sentence the following wording: "in deciding the question of requirements, the Court or the judge will take into account the requirements of pirmšķietam (prima facie) formal legal grounds."
9. Make the first paragraph of article 141 of the first sentence the following wording: "for this law, article 140 of the decision referred to in the third subparagraph, a decision which rejected the application for a claim, and the decision to reject the application for cancellation of the claim, an ancillary complaint may be submitted."
10. Add to article 143, after the words "which he has incurred in connection with the requirements of the provision with the words" and the number "If coverage is canceled this law article 140 eighth case" set.
11. Replace the third subparagraph of article 238, 239. in the second subparagraph of article and article 244.5 in the second paragraph, the words "ascertain the views of the child, if he is able to articulate its views" with the words "ascertain the views of the child, if the child is able to formulate it, given his age and degree of maturity."
12. Replace 250.12 in the first paragraph, the word "application" with the words "application".
13. in article 250.13: make the first paragraph by the following: "(1) Of this law, in the fourth paragraph of article 250.12 those decisions, the decision rejecting the application for the interim safeguard measure and the decision to reject the application for cancellation of the temporary protection, an ancillary complaint may be submitted.";
to turn off the second paragraph, the words "or send".
14. in article 250.14: make the first paragraph by the following: "(1) a decision laying down an interim safeguard measure (250.12 article the first and second part) and the decision on abolition of temporary protection (fifth paragraph of article 250.12) executable immediately after its adoption.";
replace the second paragraph, the words "the second paragraph, first sentence" with the words "third paragraph".
15. Replace the first subparagraph of article 250.16 in paragraph 2, the words "promote commercial" with the word "commercial".
16. off the third subparagraph of article 363.25 point 2.
17. To supplement the article with the 3.1 part 363.27 as follows: "(31) if the application is a sign of the insolvency proceedings, the debtor is found not in the last 10 years has been declared natural person bankruptcy process, within which the obligation, or deleted is not a proven administrator one-time rewards to cover the required funds, the Court rejected the application for insolvency proceedings and terminated an individual insolvency proceedings."
18. Replace the words "in article 403 district (City) Court" with the words "district (City) land registry Department of a court".
19. Replace article 406.2 in the second paragraph, the words "district (City) Court" with the words "district (City) land registry Department of a court".
20. Article 447 of the expression as follows: "article 447. Next to the complaints handling policy (1) next to the complaint a written process. On the next day of the inquiry, the Court shall notify the parties. A copy of the decision within three days from the next day of the examination of the complaint sent to the parties.
(2) If a complaint is heard at the hearing, the hearing will take place in the order of this legal matter to the appellate court. "
21. To supplement the law with article 447.1 as follows: "447.1 article. On the next appeal the decision (1) the decision on the complaint to the next addition article 230 of this Act the Court notes next to the complainant, the complainant and the next in the decision under appeal, the sow and motivates your attitude to the decision under appeal.
(2) if the Court, considering the next complaint, acknowledges that the decision under appeal included themes are correct and sufficient, it can be specified in the decision that the appeal of the decision to join motifs. In this case, this law article 230, first paragraph, point 5 of the reasons set out in may not. "
22. Supplement 543. the first subparagraph of paragraph 8 by the following: ' 8) news about children: first name, last name, ID number and location — when an executable decision on the child's return to the country where he has his residence. "
23. To supplement the article with 549 2.2 part as follows: "(22) the bailiff execution for child's return to the country where he is resident, or this law, article 8 paragraph 540. specified in the document to be adopted by the Executive in the execution, if the child's location is bailiff posts, within the limits specified for (the station)."
24. Add to the first paragraph of article 620 of the third sentence, after the words "in cases of" with the words and figures "of the arrival of the child back to the country of his residence, except in the execution of this law received 540. Article 8, paragraph Executive document that is specified in the ruling due by" voluntary.
25. Supplement article 557 with 6.1 points as follows: "the return of the child 61) to a country in which he has his place of residence;".
26. Replace 559. in the first paragraph, and the number "or" article 644.1 with numbers and the words "or article" 620.16 644.1.
27. To complement the 560. the first subparagraph of paragraph 9 by the following: "9) on the child's arrival back in the country where he has his place of residence, family courts cannot ascertain the child's day mode or it is not possible to find the child."
28. the supplement 562. the first paragraph of article 12 of the following paragraph: "the law 12) 560 first paragraph of article 9 in the case provided for in paragraph — up to the child's whereabouts."
29. To supplement the first paragraph 563. with 9.1 points as follows: ' 91) refused the return of the child to the decision in the State where he is resident, or a foreign court or authority of this law, in article 8, paragraph 540. specified in execution of the Executive documents; ".
30. To complement the 565. the first paragraph of article 7 and paragraph 8 with the following wording: "If a case concerning a child 7) delivering messages back to a country where he is resident, the bailiff finds that the child is a foreign country;
8 if the child) brought back to the country where he is resident, a collection agency after court bailiffs, Ministry of Justice or the invitation of family courts twice has indicated time and place when and where they will be delivered to the child, or the time and place (as close as possible to the child's location), when and where to meet with the children, to restore the link between the party and the children. "
31. Supplement article 566. third subparagraph by the following: "(3) in determining the requirements of the provision, the applicable provisions on enforcement expenses, in so far as these activities are carried out by the bailiff."
32. Article 569: replace the word "name" with the words "of the debtor or the debtor's child";
Add to article 1.1 part as follows: "(11) if the child or the child of the debtor and the location is unknown, the bailiff of judge shall decide on the request of the said person with the help of the police search in the following cases:

1 arrival of the child) back to a country where he has his domicile;
2) once this law article 8 540. execution of documents referred to in paragraph 1. "
33. To supplement the law with the Department following 46.2: "chapter of 46.2 Children back to the country of his residence 620.10 article. Enforcement of expenditure and the payment arrangements (1), the Party submitting the document, executive pay and the State fee shall cover the expenses of the enforcement of this law, in accordance with the first subparagraph of article 567.
(2) a Party who does not participate in the execution of the judgment, at the request of the bailiff in addition that this article is referred to in the first paragraph of the judgment execution expenses paid in cash the amount to cover expenditure related to the arrival of the child back to the country of his residence (also with the stay of the child crisis center or other safety related expenses, travel costs, costs for interpreters and psychological services and other expenses). The amount of this expenditure and payment arrangements determined by the Cabinet of Ministers.
(3) following the transfer of a representative of the family courts, the bailiff in the second part of this article, the expenditure referred to in the family courts shall be transferred immediately to the specified account.
(4) the issue of enforcement document collection agency (565. the first paragraph of article 6, paragraph 7 and 8), the second part of this article, these costs have not been used for the execution of the judgment, the court bailiff or a collection agency shall be reimbursed by the family courts.
(5) enforcement of the bailiff of the debtor recover.
620.11 article. Notice of the duty to execute the ruling of obtaining execution of this law, article 8 paragraph 540. specified in execution that does not have a deadline for voluntary execution, ruling the court bailiff 555. this law in accordance with the procedure laid down in article sends a notification to the debtor of the obligation to execute the ruling within 30 days. Notice the bailiff of the debtor in this chapter warns of consequences that occur when a ruling will not run.
620.12 article. The consequences, if the debtor does not comply voluntarily, ruling (1) the bailiff information that the debtor does not voluntarily complied with the ruling, send: 1) District (City) Court which ruled on the child's return to the country where he has his residence, receiving that decision;
2) District (City) Court in whose territory the enforcement of this Act, paragraph 8 of article 540 of the execution of the document, specified by a document or performance in accordance with this law, article 620.11 ruling voluntary deadline expires.
(2) the Court shall, after the first paragraph of this article obliges the debtor receiving a fine of five hundred lats.
(3) the question of the imposition of the fine look of the writing process.
(4) the decision of the Court on the imposition of the fine copies sent to the debtor.
(5) the debtor within 10 days after receiving the copy of the decision of the Court of Justice may request the Court of Justice, which is fine with her, to free her from the fine or to reduce its amount. This submission examines the writing process.
(6) a fine recovered from the debtor's national income.
(7) the payment of the fine does not release the debtor from the obligation to execute the ruling.
620.13 article. Children's day-time clearance (1) simultaneously with this law, the first paragraph of article 620.12 in transmission of information, the bailiff shall order the family courts after the child's location within 15 days from the date of receipt of the order to find out the child's day mode and immediately inform the bailiff.
(2) the family courts shall inform the bailiff on news related to the child and the child's location, and which it acquired, in implementing the provisions of this article shall be laid down in the first paragraph of the order. If it is not possible to obtain this information, the family courts shall inform the bailiff. The court bailiff, you receive the information that the child's whereabouts are unknown, in accordance with this law, please contact Article 569 judge to take a decision on the child or the child's and the debtor's search by police and suspended by the Executive management.
(3) a bailiff, received from the family courts or police information on the whereabouts of the child, the district area, where there is the bailiff shall immediately forward the case to the continuation of the Executive performance to the bailiff, who posts to the limits (station) child find.
(4) After receipt of the Executive Affairs of the bailiff shall immediately give this article the order referred to in the first subparagraph. Family courts within 15 days from the date of receipt of the order of the day of the child find mode and on whether any additional news and whereabouts of the child, if it is not possible to find out the day of the child, promptly inform the bailiff.
620.14 article. Child referral to a collection agency or a representative of the family courts (1) of this act upon receiving the first 620.13 or information referred to in the fourth subparagraph, the bailiff shall set a time and place when and where the child will be handed over to a collection agency or a representative of the family courts, if the party performs, and notify: 1), the party issued a statement against him or sending notice by registered mail, or forward it to the Ministry of Justice and informing him on the party's right to be present at the execution of transactions;
2) family courts and police after the child's location, giving orders to their representatives to participate in enforcement. Family courts at the discretion of the enforcement of the judgment call on psychologists.
(2) The times and places when and where the child will be handed over to a collection agency or a representative of the family courts, if the party performs, the bailiff of the debtor does not inform.
(3) the transfer of the child to a collection agency or a representative of the family courts to be made as soon as possible.
(4) the transfer of the child in family courts, bailiffs and police representatives, as well as a psychologist if it fosters are recruited. The bailiff in order for a specified time and place, the representative of the family courts, in cooperation with psychologists, if any, guest conducted negotiations with the debtor or other person to whom the child is located, to convince to return a child to a collection agency or a representative of the family courts, if the party does not participate in the enforcement, as well as to prepare for the arrival of the children back to the country of his residence. Police representatives ensure public order, as well as prevent or overcome any debtor or other person to be resistance or defying the bailiff's orders.
(5) if the court bailiffs are not allowed on the premises, for which there is news that it is in the child, they are opened, the presence of a representative of the police. Of space forced the opening of the bailiff shall mark in the law.
(6) if the child is transferred to a collection agency, bailiff of the child into the mark in the law shall be made stating that the judgment has been executed.
(7) If a child is transferred to a representative of the family courts further activities to bring children back to the country of his residence, the bailiff shall transfer the children to the mark in the law. A copy of the Act is issued to the representative of family courts. After receiving notice that fosters child taken back to the country where he is resident, the bailiff draws up legislation that the ruling is completed.
620.15 article. Bailiff action, if the child is not possible to put a collection agency or a representative of the family courts to the family courts Where it is not possible to obtain this law, of the information referred to in article 620.13 or return of the child to the country where he is resident, is not possible because the court bailiff within prescribed times and places children are not met, the bailiff draws up about it and send the public prosecutor's Office to decide the question of criminal proceedings against the debtor due to his malicious evasion of judgment enforcement and stop enforcement proceedings.
620.16 article. Enforcement of the refusal or suspension (1) the debtor may lodge a district (City) Court which ruled on the child's return to the country where he is resident, or where activities in the area carried this law article 8 540. the certificate referred to in paragraph 1, a proposal for the postponement of the execution of the judgment or ruling enforcement, if substantial change of circumstances.
(2) a substantial change of circumstances within the meaning of this article, including: 1) that the return of the child to the country where he is resident, is not possible, the child's health or psychological situation, as attested by the hospital or psychiatrist certified;
2) objections to the child she brought back to the country of his residence, the family courts designated by the psychologist's opinion;
3) that the party shows no interest in a relationship with a child.
(3) referred to in the first paragraph of the proposal may be made if the decision about the child's return to the country where he is resident (644.20) has passed more than a year, with the exception of the second paragraph of this article referred to in paragraph 1.
(4) the application shall be examined at the hearing, notice to the parties. This person is not an obstacle to the application of absence for treatment.
(5) the decision on the postponement of the execution of judgments, the Court specifies the obligations of the debtor and the collection agency while ruling the execution postponed, and, if necessary, also the order in which the links between renewable child and a collection agency.

(6) the decision shall be enforced immediately. The Court's decision an ancillary complaint may be submitted. Next to the complaint shall not suspend the execution of the decision. "
34. To replace the third subparagraph of article 644.7 in paragraph 2, the words "place of residence" and "domicile and correspondence address in Latvia court documents".
35. Express article 644.9 as follows: "article 644.9. The application review (1) the application shall be examined at the hearing within 15 days after the initiation of the participation in the applicant and the representative of the family courts. Family courts have this law, article 88 in the second part of the established rights of the parties.
(2) The Court shall notify the defendant, if his address is unknown. This person's absence is not an obstacle for the examination of the application.
(3) if the Court finds that the child is unlawfully transferred to other countries or held in another State, it shall take a decision that the foreign State shall be submitted a request for the return of the child in Latvia.
(4) if the Court finds that the child is in Latvia, it shall take a decision on the abandonment of the application without examination.
(5) the examination of the application, the Court, on its own initiative, require evidence.
(6) The decision of the Court of Justice an ancillary complaint may be submitted. If the decision on the application without leaving the examination passed without the presence of the parties, the deadline for the submission of a copy of the decision from the date of issue.
(7) the Court of first instance's judgment comes into lawful effect after the appeal period elapsed. "
36. To make the first paragraph of article 644.10 introductory paragraph as follows: "the District Court near the complaint within 15 days after the appeal proceedings. District Court, in considering the next complaint, is entitled: ".
37. the express article 644.12 by the following: ' article 644.12. Foreign courts or competent authorities accepted the ruling of the child does not coming back (1) the foreign court or the competent authorities of the receiving and other documents concerning the child shall not return to Latvia, adopted on the basis of 25 October 1980 Hague Convention on international child abduction civil aspects of article 13, in accordance with Council Regulation No 2201/2003, the paragraph 6 of article 11 in Latvia is to be submitted to the Court with the Ministry of Justice.
(2) the Ministry of Justice, receive the document referred to in the first subparagraph, it shall send to the Court of the place of residence of the child, after informing the family courts of the foreign court or a decision of the competent authority.
(3) the Court shall, on receiving the documents referred to in the first subparagraph, inform and invite interested parties to apply to the Court in accordance with the Council Regulation No 2201/2003, paragraph 7 of article 11, if that is the case. "
38. the third paragraph of article 644.15: to supplement paragraph 2 with the following text: "as well as the correspondence address in Latvia court documents";
Add to part with 7.1 points as follows: ' 71) or the applicant or his representative will participate in the decision on the child's return to the country where he is resident in the territory of Latvia, voluntary implementation; ".
39. Express article 644.17 by the following: ' article 644.17. The defendant and child search (1) if the defendant or unlawfully moved to Latvia in Latvia or put on hold the child's place of residence or location is not known, but there is reason to believe that the child is in Latvia, judge after this law referred to in article 644.15 application decides the defendant's or child's search with police assistance.
(2) the Court shall suspend the proceedings if the decision on the respondent's or child's search with police assistance.
(3) the proceedings are suspended until the defendant or the child is found. "
Article 40 express 644.19 as follows: "article 644.19. The application review (1) the application shall be examined at the hearing within 15 days after the initiation of the participating parties. At the hearing, be invited to participate in family courts, as well as find out the views of the child, if the child is able to formulate it, given his age and degree of maturity. Family courts have this law, article 88 in the second part of the established rights of the parties.
(2) if the defendant, without justification, fails to appear at the invitation of the Court, they can bring me to court involuntarily.
(3) if one of the parties living far away or for any other reason unable to attend at the invitation of the Court, the Court may admit of a satisfactory written explanation of that party or its representative.
(4) the examination of the application, the Court, on its own initiative, require evidence, using the relevant procedural options, as well as the fastest way of obtaining evidence.
(5) if the Court finds that the child is in a foreign country, it shall take a decision on the abandonment of the application without examination.
(6) if the Court finds that the child is illegally moved to Latvia in Latvia or suspended, it shall take a decision on the child's return to the country where he has his residence.
(7) the Court shall decide on the child's return or the return to the country where he is resident, the application of 25 October 1980 Hague Convention on international child abduction or civil aspects of Council Regulation No 2201/2003.
(8) in the course of the proceedings the Court shall ascertain the views on a possible decision on the child's return to the country where he has his domicile, voluntary enforcement measures.
(9) Make a decision on the return of the child to the country where he has his place of residence, the Court indicates voluntary enforcement of the decision and, if possible, the voluntary decision of the order. The deadline for voluntary execution of the decision set not longer than 30 days from the date of entry into force of the decision. The Court decision warns the defendant that if the decision is not executed voluntarily, will be suitable for fine and perform a forced execution in accordance with the procedure laid down in this Act, and may decide the question of criminal proceedings.
(10) the Court's decision to impose upon the respondent the obligation to report immediately to the Ministry of Justice, to the execution of the judgment if he changes his place of residence or location, or change the location of the child. "
41. the express article following 644.20: "644.20 article. Date of entry into force of the decision and appeal against The decision of the Court (1) an ancillary complaint may be submitted. If the decision was made without the presence of the parties, the deadline for the submission of a copy of the decision from the date of issue.
(2) the Court of first instance's judgment comes into lawful effect after the appeal period elapsed. "
42. Make the first paragraph of article 644.21 introductory paragraph as follows: "the District Court near the complaint within 15 days after the appeal proceedings. District Court, in considering the next complaint, is entitled: ".
43. transitional provisions: express the following in paragraph 13: "13." things about the law of succession, which until 2002 December 31 accepted consideration of special litigation, courts of civil procedure law, which was in force up to 31 December 2011 (the transitional provisions referred to in paragraph 12 of the rules, which expire 31 December 2011). ";
transitional provisions be supplemented by the following paragraph 56: "56. Article 24 of this law, second sentence [of the district (City) land registry Department of a court's jurisdiction for the enforcement of coercive and non-litigious obligations forced execution warning order in proceedings] and 566, the third part of the article, as well as the amendment, which requires turning off the second subparagraph of article 34 in the introductory part, and amendment 403 article and in the second subparagraph of article 406.2 [for application of district (City) land registry Department of a court] shall enter into force on January 1, 2012."
The law shall enter into force on the 1 October 2011.
The law in the Parliament accepted 4 august 2011.
The President a. Smith in Riga august 24, 2011 in