The Amendments To The Law On Bailiffs

Original Language Title: Grozījumi Tiesu izpildītāju likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/225849

The Saeima has adopted and the President promulgated the following laws: the law on bailiffs do court bailiffs Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2002, nr. 23; 2003; 2004, nr. 23, 20; 2006, 2. no no no 3; 2008) follows: 1. Article 9: turn off the words "appointment, transfer";
to supplement the article with the second part as follows: "(2) the information on the appointment of a bailiff sworn and transfer the Latvian Council of sworn bailiffs ' Council in the Latvian Council of sworn bailiffs ' Council homepage on the internet within three days after an order for the appointment of a bailiff sworn or removal.";
believe the current text of article about the first part.
2. Supplement article 12, first paragraph, point 5 "a" section with the words "sworn bailiff's post".
3. Supplement article 17 with the third subparagraph by the following: "(3) the Person shall keep the partial sworn bailiff's exam, written by one legal task solved if its from sworn bailiff's Office released in accordance with article 90 of this law, and from the date on which the person concerned is released from the sworn bailiff posts, last no more than two years and since sworn bailiff's examination or sworn bailiff's regular qualifying examination days — not more than five years."
4. Supplement article 25 with the fourth paragraph as follows: "(4) if the vacant posts had applied more bidders, the advantage to be appointed to the post is filled by the tenderer who sworn bailiff duties or who just before applying for vacant posts have worked without interruption of the sworn bailiff's Assistant post for at least two years. If the vacant posts at the same time logged more bidders, which have the advantage of being appointed to the post, the Latvian Council of sworn bailiffs ' Council in each particular case, the assessment of which of them will be targeted for recruitment. "
5. Turn off the article 26, the words "and sent to the President of the District Court concerned after a vacant home in the circuit with the invitation two weeks to provide feedback on these applicants".
6. Express article 31 the following: ' article 31. Sworn bailiff, starting a practice (professional activities), the Court shall notify the district courts, the State revenue service's regional Department, Minister of Justice and the Latvian Council of sworn bailiffs ' Council practice site address. Such notification shall also be given, if you change the sworn bailiff's practice location. The Latvian Council of sworn bailiffs ' Council three days after the receipt of that information to ensure its publication of the Latvian Council of sworn bailiffs ' Council website on the internet. "
7. Article 32: adding to the article with the second and third subparagraphs by the following: "(2) If the first part of this article in accordance with the procedure laid down for the sworn bailiff charged with the responsibilities of the vacant station or another station absenteeism in the sworn bailiff, in place of the sworn bailiff of this circuit the individual filing the sort and amount of deposit.
(3) termination of the appointment to hold office in the station or of another station absenteeism in the sworn bailiff, in place of the sworn bailiff transfers all records in district affairs and sworn court bailiffs for the book, which appointed vacant station or who were absent, as well as in the deposit account to workstation over. ";
believe the current text of article about the first part.
8. Add to article 32.1 of the second part of the sentence by the following: "qualifying examination the sort term cannot be extended more than two times."
9. Make 32.3 article as follows: "article 32.3. The Minister of Justice shall decide on the organisation of the qualification exam and exam day sorting. Information about the organisation of the qualification exam and exam day of sorting the Latvian Council of sworn bailiffs ' Council in the Latvian Council of sworn bailiffs ' Council website on the internet for at least a month before the exam. "
10. Add to the third chapter of title III with the following wording in article 32.9:32.9 "article. (1) if the sworn bailiff of the sworn bailiff exam or previous qualifying examination has brought his professional or academic qualifications, acquired the required number of credits for activities certified bailiff's professional training and has received justified the Latvian Council of sworn bailiffs ' Council, the Minister of Justice may fully or partly exempt a sworn bailiff of the qualifying examination the sort. The Justice Minister's decision is not appealable.
(2) the conditions under which the sworn bailiff is completely or partially exempt from the qualifying examination, and release the sort order is determined by the Cabinet of Ministers. "
11. Article 33: Add to the first paragraph, after the word "artist" by the words "and the sworn bailiff's Assistant";
to complement the second subparagraph following the words "switch individual professional risk (civil liability) insurance contract" with the words "about yourself and about your mate";
to supplement the article with the third and fourth subparagraph by the following: "(3) a sworn bailiff may not enter into individual professional risk insurance contract for yourself or for your mate while the sworn bailiff or assistant bailiff sworn is located above the expected prolonged absence.
(4) a sworn bailiff provided that with the resumption of work in force his or her helper (if prolonged absence has been his Assistant) individual professional risk (civil liability) insurance contract. "
12. Article 39: Add to the first paragraph, after the word "artist" by the words "or a sworn bailiff's Assistant";
to complement the second paragraph after the word "artist" by the words "or his assistant".
60. Article 13: replace the third paragraph, the word "two" "three";
to complement the fourth paragraph after the word "representatives" with the words "which shall be elected by a sworn bailiff general meeting".
14. Express article 69 the second sentence by the following: "the application to the Court does not suspend the operation of that decision."
15. Article 74: Supplement to the second part of the article as follows: "(2) the cabinet shall determine the order in which the sworn bailiff at the request of the interested parties in the delivery of subpoenas and other document.";
believe the current text of article about the first part.
16. Article 75: Supplement to article 4 as follows: "4) provide legal assistance in preparing documents and advising in matters related to the Court and other enforcement institutions.";
to supplement the article with the second part as follows: "(2) a sworn bailiff prohibited to provide legal assistance in connection with the things that he has made 73 and 74 of this Act referred to in article posts activities.";
believe the current text of article about the first part.
17. Add to article 79 of the sentence the following wording: "a sworn bailiff posts remuneration subject to the value added tax law" on value added tax "prescribed."
18. Make 84. the first paragraph by the following: "(1) a sworn bailiff action, you can check the President of the District Court judge ordered. The results of the checks carried out the judge inform the Latvian Council of Sworn bailiffs. "
19. To supplement the law with article 84.1 as follows: "article 84.1. The Latvian Council of sworn bailiffs ' Council at least once a year to ensure each sworn court bailiffs and enforcement cases a book. "
20. Make article 85 the following: ' article 85. The sworn bailiff's activities in the prevention of infringements detected ensure that the Latvian Council of sworn bailiffs ' Council, giving a sworn bailiff for directions and recommendations, and, if necessary, examine the question of disciplinary action or notify the relevant bodies to a sworn bailiff called to criminal liability. "
21. Article 89 of the expression as follows: "article 89. Sworn bailiff's Assistant, replacing the sworn bailiff in his absence, as well as performing other 111.3 this law referred to in the second subparagraph of article work, and sworn bailiff responsible for his assistant behavior determined in accordance with this law and article 111.4 111.6. "
22. in article 94(1): replace the second paragraph, the words "a certain person" with the words "given to the jury bailiff";
to supplement the article with the third part as follows:

"(3) this article referred to in the second paragraph of the sworn bailiff after post left the sworn bailiff's case the takeover continues to take enforcement action. He is bound by the previous legislation drawn up by the bailiff and other documents. Sworn court bailiffs is not liable for damages which have arisen or which may arise in the future posts left in the sworn bailiff's activities. "
23. in section X: Express section name as follows: "the title X sworn bailiff's Assistant candidates and sworn bailiff's assistants";
make the first chapter as follows: "the first chapter chartered assistant bailiff candidates article 95. The sworn bailiff's Assistant, a candidate can be a person who: 1) reached twenty-one years of age;
2) corresponds to article 12 of this law 1. and 2. the requirements referred to in paragraph 1;
3) at an accredited study programme learning acquired the second level of higher vocational education of law science or law Masters courses and legal qualifications or learn the law in such a program.
Article 96. The sworn bailiff's Assistant, candidates may not be article 13 of this law, 2., 3., 4., 5., 6., 7., 8., and the person referred to in paragraph 9.
Article 97. (1) the sworn bailiff's Assistant candidates, based on the sworn bailiff's proposal, approved by the Office of the Latvian Council of sworn bailiffs ' Council.
(2) after approval by the sworn bailiff's Assistant in the Office of the Assistant the candidate the candidate prepare for the sworn bailiff's Office activities, working in a sworn court bailiffs and enforcement management tasks a separate sworn bailiff's supervision.
(3) a sworn bailiff's Assistant, candidates must participate in the Latvian Council of sworn bailiffs ' Council organised skills events.
(4) one year after the approval of the sworn bailiff's Assistant in the Office of Assistant candidates can sort candidates sworn bailiff's Assistant exam. ";
Add to the section with the third chapter of the following: "chapter three sworn bailiff's Assistant exam and the sworn bailiff's assistants article 111.1. (1) the Latvian Council of sworn bailiffs ' Council not less than annually held exam sworn bailiff's Assistant applicants who wish to obtain the sworn bailiff's Assistant, if you have received a sworn bailiff helper application for authorization of candidates sort of exam.
(2) a sworn bailiff's Assistant checks the candidate's knowledge of the Latvian Council of sworn bailiffs ' Council established the examining Board, with the participation of the Minister of Justice authorized person.
(3) a sworn bailiff's Assistant exam procedures and organisation of the necessary amount of knowledge is determined by the Cabinet of Ministers. The Minister of Justice after the Latvian Council of sworn bailiffs ' Council proposal confirms exam questions.
rule 111.2. (1) the sworn bailiff's Assistant, candidates who passed this law in article 111.1 exam and received a positive the Latvian Council of sworn bailiffs ' Council's assessment, the Minister of Justice approves the sworn bailiff's Assistant.
(2) after approval, the certified bailiff's assistant receives a sworn bailiff mate's license and give promise to honestly and conscientiously fulfill their duties. Sworn bailiff mate's license type and use the procedure determined by the Cabinet of Ministers.
Article 111.3. (1) Sworn court bailiffs can have several helpers. Sworn bailiff's Assistant, sworn court bailiffs work management and supervision.
(2) a sworn bailiff's Assistant may be replaced by a sworn bailiff of his vacation and sick time. The rest of the time with each specific case of the sworn bailiff issued permit sworn bailiff's Assistant has the right to: 1) take action to ensure that the position of the Court of Justice and other bodies and officials of the enforcement of judgments, with the exception of adoption of the decision on the termination of the Executive Management, as well as the debtor's movable property or real estate holding of auction;
2) deliver the summons and other documents;
3) property description the Division of common property or inheritance.
Article 111.4. (1) replacing the sworn bailiff in his absence, as well as performing other 111.3 this law laid down in the second subparagraph of article posts action, sworn bailiff's Assistant is this law of sworn bailiffs the rights, duties and responsibilities.
(2) a sworn bailiff is jointly and severally liable for civil damages that his assistant had done, replacing the sworn bailiff in his absence, as well as performing other 111.3 this law referred to in the second subparagraph of article.
rule 111.5. Sworn bailiff's Assistant, necessarily participate in the Latvian Council of sworn bailiffs ' Council organised skills events, as well as perform any other duties that are imposed upon him by the Latvian Council of sworn bailiffs ' Council.
Article 111.6. (1) the sworn bailiff's Assistant as a disciplinary measure in title V of this law, the third chapter in the order may apply to the memo, reprimand, prohibition to carry out this Law 111.3 referred to in the second subparagraph of article activity for a period of up to three years or removal from Office.
(2) examining the disciplinary proceedings instituted against the sworn bailiff's Assistant, title V of this law, the third chapter in the order at the same time is accessed the sworn bailiff disciplinary responsibility for your helper does not properly monitoring and management.
111.7 article. (1) the sworn bailiff's Assistant can be suspended from the exercise of functions in accordance with this law, the provisions of article 93.
(2) the Minister of Justice released the sworn bailiff's Assistant, if the sworn bailiff's Assistant: 1) asked to free her from the post office after the elections;
2) terminated the employment relationship with a sworn bailiff.
(3) the Minister of Justice cancels the sworn bailiff's Assistant, if: 1) to the one of this law, in article 13, 2., 3., 4., 5., 6., 7., 8., and those provided for in paragraph 9;
2 abolition of post) applied as a disciplinary measure.
(4) a Sworn bailiff, who terminates the employment relationship with a sworn bailiff's Assistant, is obliged, within three days from the termination date to notify in writing the Minister of Justice and the Latvian Council of sworn bailiffs ' Council.
(5) the Minister of Justice's decision on the sworn bailiff's Assistant or withdrawal suspension appeal shall not suspend the execution of this decision.
(6) release from Office or cancel the sworn bailiff's Assistant, within three days from the decision of the Minister of Justice shall transfer the receipt of sworn bailiff mate's certificate to the Latvian Council of sworn bailiffs ' Council.
rule 111.8. A person from the sworn bailiff's Assistant posts released under this law, the second paragraph of article 111.7, resume, carry out a sworn bailiff's Assistant in Office, receive the sworn bailiff mate's license without reinstalling sworn bailiff's Assistant exam sort, if the release date of a past not more than one year. "
24. Replace article 138 the number and the words "in article 99 in the third and fourth part" with a number and the words "the second paragraph of article 111.3".
25. the express 145. the first paragraph by the following: "(1) The funds that are sworn into the bailiff's deposit account in the credit institution can not bring recovery bailiff sworn in shows, and these funds sworn bailiff's death does not include inheritance."
26. Express 146. article as follows: "article 146. (1) the sworn bailiff each year separate deposit amount to the accounting books. The deposit amount is the accounting books with numbered pages and caurauklot, before the entry of the place with lacings secured ģerboņzīmog of the District Court, signed by the President of the District Court, and his Secretary made a reference to the caurauklot page.
(2) the deposit amount you can sort the accounting books electronically. Within a year the accumulated information electronically to the sworn bailiff until next February 1, print, sanumur, cauraukl and submitting to the President of the District Court for signing and sealing with the ģerboņzīmog of the District Court.

(3) the balance in the deposit account should match the deposit amount on the accounting books of the existing cash balance. Records the amount of the deposit in the accounting books are divided by months. If the sworn bailiff deposit amount to the accounting books in the writing, he calculated at the end of each month and with a bank deposit account statement compares the amount of balances at the beginning of the month and at the end of the month, sworn bailiff's deposit account, with a separate indication of the total amount that came in and paid for the month. If the sworn bailiff deposit amount in accounting books electronically, he calculated at the end of each month and with a bank deposit account statement compares the amount of balances at the beginning of the month and at the end of the month, sworn bailiff's deposit account.
(4) the amounts of the following year on January 1 remains in the balance in a deposit account with a credit institution, the record next year, the amount of the deposit at the beginning of the accounting books as the remainder. Each paid amount indicated separately, as in the previous year's amount of deposit payable book. "
27. Add to article 152 of the third part as follows: "(3) means of Money recovered from the debtor and the collection agency shall be released or transferred to a collection agency for seven days from the date they are credited to the sworn bailiff's deposit account, if not for objective reasons which prevent the transfer of funds urgent."
28. To supplement the article with 155 1.1 part as follows: "(11) If the amount to be recovered by the Executive on the document in foreign currency, the sworn bailiff posts rewards rates amount in LCY calculated in accordance with Bank of Latvia the official foreign exchange rate on the day on which the document was submitted to the Executive."
29. To supplement the law with article 156.1 of the following: ' article 156.1. (1) the court bailiffs, through the activities of the Office of the Executive Affairs registry use.
(2) enforcement case register and its software is the owner of the Latvian State.
(3) the Executive familiar with case register is the Ministry of Justice. Executive case register holder is the Court Administration.
(4) the Cabinet of Ministers established the Executive Affairs registry creation, maintenance and use, as well as the minimum amount of information to be included in it.
(5) the performance of the case the information contained in the registry is limited by the availability of information. "
30. Add to article 160 of the third paragraph as follows: "(3) a sworn bailiff of the debtor and the collection agency, by this law, in the second paragraph of article 52 of the specified person, as well as the request, if it is necessary to post activities, prepare his filing copies of documents, extracts or copies and certify their accuracy."
31. the transitional provisions: off point 7;
transitional provisions be supplemented with 24, 25, 26, 27, 28 and 29 the following: "24. Article 17 of this law shall also apply to the third part of them sworn bailiffs who deregulated from the sworn bailiff's Office, on the basis of the transitional provisions in paragraph 13.
25. Who started to fulfil the sworn bailiff's Assistant in Office until February 28, 2011 and who have not passed the sworn bailiff's Assistant exam, post time worked in favour of the article 97 of this law the period referred to in the fourth paragraph.
26. in article 32.9 of this law shall enter into force on 1 June 2011.
27. This law article 156.1 84.1 and shall enter into force on January 1, 2012.
28. the following statutory cabinet from the date of entry into force of the provisions, but no longer than up to 31 May 2011, applicable to the Cabinet on 9 January 2007 the Regulation No. 42 "provisions on sworn bailiff's Assistant exam procedures and the required amount of knowledge", in so far as they do not conflict with this Act.
29. the sworn bailiff's Assistant, who passed this law in article 111.1 exam to Cabinet regulations effective date (111.2 this law the second part of the article), the Minister of Justice receives a Certified sworn bailiff mate's certificate in accordance with arrangements which was set up to 28 February 2011, and received certificates are valid until 31 May 2011. "
The law shall enter into force on March 1, 2011.
The Saeima adopted the law on 27 January 2011.
President Valdis Zatlers in Riga V 2011 February 16.