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Amendments To The Latvian Code Of Administrative Offences

Original Language Title: Grozījumi Latvijas Administratīvo pārkāpumu kodeksā

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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. Replace article 238.1 in the third paragraph, the words "administrative district" (the fold) with the words "district (City) Court" (fold).
2. To supplement the code with 270.1, 270.3 article 270.2 and the following: ' article 270.1. The judge reset or reject the judge shall not be entitled to participate in the proceedings, if he: 1) is this person involved in or participated in the previous examination of this case;
2 kinship relations) is up to the third degree, affinity up to the second degree of relationship or marriage with one of the parties involved in the case or to another judge involved in the case;
3) personally directly or indirectly interested in the result of the case or there are other circumstances that cause reasonable doubt as to his impartiality.
If there is the first part of this article in the circumstances specified by the judge himself away.
If the judge is not itself atstatīj, a person who participates in the proceedings on the grounds referred to in this article may apply to the judge or the rejection of several judges, indicating at the same time each judge's reset.
Article 270.2. Rejection Motivated rejection of application made before things start to consider its merits. You can sign up for the rejection later when it became known in the course of the proceedings.
You can sign up for rejection in writing or orally.
270.3 article. Apply for rejection If logged on the arbitration proceedings, the Court heard the rejection of other persons involved in the proceedings and the judge that rejection log.
A decision on the proposed rejection of the Court adopted a separate procedural document.
The case, which the judge examines the power, the decision on rejection adopted applied himself.
In case that a collegial basis, decisions about rejection applied for shall be taken in the following order: 1) if rejection logged one judge, shall adopt the General composition of the Court. If votes split like the judge is rejected;
2) if rejection logged more judges or the entire composition of the Court, the same court shall be adopted by the full majority vote. "
3. Add to the first paragraph of article 271.1 after the word "responsibilities" with the words "whether there are rejections".
4. Article 280: replace the first parts 1, 2, 2.1, and in paragraph 4, the words "the district administrative court" with the words "district (City) Court";
turn off the first part of paragraph 3, the word "administrative";
to complement the second paragraph after "seven days" with the words "but complained of the district (municipal) judges decision which established the administrative arrest, within three working days".
5. Article: 281.1 to make first and second subparagraph by the following: "the administrative authority's decision in the case of the infringement can be appealed to the district (municipal) Court within twenty days from the date of its entry into force.
District (municipal) Court judges decision administrative infringement cases, which essentially decided the question of the personal liability of administrative prosecution, may appeal within twenty days, but the decision which established the administrative arrest, — five days after the decision, submit an appeal. If the judge declares the short decision time limit for appeals from the decision of dialing full days. ";
to supplement the article with the third and fourth subparagraph by the following: "the appeal that was submitted after the deadline, refuses to accept and return to the applicant. The decision to refuse to accept the appeal within ten days of an ancillary complaint may be submitted. Deadlines for the submission of an ancillary complaint shall run from the date on which the person receives a copy of the decision.
In cases where the district (City) Court judge accepted a decision which established the administrative arrest, the issue of the appeal submission deadline or the renewal of the period of appeal shall be determined by the appeal court judge, in considering the appeal of legal proceedings. "
6. Express article following 281.2:281.2 "article. The procedural time limit in the case of the infringement of procedural actions enforcement of time limits laid down in this code. If a procedural time limit is stipulated in this code, it shall be determined by the authority, the Court or judge. Authority, the Court or the judge's deadline duration must be such that the procedural action could meet.
A procedural time period calculated in years, months or days begins to run on the day following the date or the event that determines its start.
A procedural time period calculated in hours, begin on the hour after the event that determines its start.
Period, in which the number of months, the last day of the last month is the relevant date. If the deadline is not the last month of that date, the last day of the period is the last day of that month.
If the last day of the period falls on a Saturday, a Sunday or a statutory holiday, the last day of the period is the next working day.
A term specified to expire on a certain date, this date.
A procedural act for which expires, you can run on the last day of the period up to 24. If the document is served to a communications authority (Post Office) on the last day of the period up to 24, it is considered passed. If this operation must be executed by the authority or court, the time limit shall be considered to have expired at the hour when the relevant institution or court finishes. ''
7. To supplement the code with the following wording for article 281.3: "281.3 article. The procedural consequences of having failed to observe the time limit, the restoration and extension of the right to perform procedural actions lapses with the law, authority, the Court or a judge within the time limit set for the expiry review. Documents submitted after the expiry of the procedural, not appearance.
Delayed procedural time can restore authority, the Court or the judge of administrative irregularity at the request of the parties, if the reasons for justifying the delay. Restoring the amount due, the authority, the Court or judge at the permission to execute the missed a procedural action.
Authorities, the Court or a judge may extend the time limits laid down by the administrative infringement at the request of the parties. Application for extension of the authority or court that defined the term. Authority, the Court or the judge shall examine the request within three business days.
The request for renewal of the period of delay to the authority that the opposition procedure is entitled to examine the complaint, or the Court in which the action was overdue to run.
Authority, the Court or judge the question of renewal of procedural term shall decide within ten days. The Court or judge, if necessary, may determine that the issue of renewal of procedural deadlines should be considered at the hearing. On the Court, or the judge's refusal to extend or renew a deadline of ten days of an ancillary complaint may be submitted. Deadlines for the submission of an ancillary complaint shall run from the date on which the person receives a copy of the decision. "
8. Replace 283 in the first subparagraph of article numbers and the words "25., 27., (if the decision related to the driving disqualification) and article 31" with numbers and the words "in article 25 and 29 (if the decision related to the driving disqualification)."
9. Make the following article 284: "284. article. In case of violation of the administrative decisions of the complaints and protest time limit for the examination of the complaint or protest on infringement proceedings in the administrative decisions taken by the notified body shall examine within one month of receipt of the complaint or protest, but in cases of traffic offences, after the receipt of the materials.
Complaint or protest of the district (City) Court judges decision which established the administrative arrest, court appearance within 15 days from the date of the proposed appeal.
Complaint or protest on infringement of other ruling administrative court hears a case within a reasonable period of time.
If the law says any procedural actions enforcement period, but by following the relevant procedural act within this time limit, does not meet the conditions of the second subparagraph, the judge (Court) determines the appropriate term for the execution of procedural acts. In this case, the decision is taken, making complaints or the proposed consideration of the necessary procedural actions, may not be appealed. "
10. off 286.1 and 286.2 article.
11. To supplement the code with a 286.3, 286.5, 286.6 286.4,,,,, 286.10 286.7 286.8 286.9, 286.12 286.13 286.14 286.11,,,, and the article in 286.15 286.16: "article 286.3. The content of the appeal the appeal shall state: 1 the name of the Court), which addressed the complaint;
2) the complainant, as well as his authorized representative, if the appeal is submitted by a representative, the name and residence or other address where the person is reachable (legal person – name, registration number and registered office);
3), the decisions of the complaint;
4) to what extent the decision being appealed and the decision was not what accuracy;
5) the complainant's claim;
6 the documents annexed to the complaint);
7) compose a complaint.
The appeal signed by the applicant or his authorized representative.

The appeal presented by the person who is not authorized, it refuses to accept and return to the applicant.
286.4 article. Transcripts of the appeal if the person called to administrative responsibility, the administrative infringement proceedings involving other members of this case, the appeal shall be accompanied by the appropriate administrative irregularities in the transcripts of the proceedings.
286.5 article. Leaving the appellant without the guidance of the Court of first instance, the judge shall decide on the appeal leaving without guidance, if the applicant's appeal was not signed by or it does not meet the requirements of article 286.3 of the code.
The decision shall set a time limit for the applicant to deficiencies up to ten days from the date of receipt of the decision on correction of deficiencies.
If within the period of time to resolve, the appeal shall be deemed to have been filed on the day on which it was first submitted to the Court. Otherwise, the complaint shall be deemed not to have been filed and shall be returned to the applicant.
The decision to consider the appeal filed on an ancillary complaint may be submitted. Deadlines for the submission of an ancillary complaint shall run from the date on which the person receives a copy of the decision.
In cases where the district (City) Court judge accepted a decision which established the administrative arrest, the issue of abandonment of appeal decide, without the guidance of the appellate court judge, examining the possibility to propose the appeal proceedings.
286.6 article. Action after the adoption of the appellant After the appeal case of the adoption of the complaint and the documents attached thereto, within three working days, send to the District Court.
If the person called to administrative responsibility, the administrative infringement proceedings involving other members of this case, the Court of appeal adopted within three working days, send to the rest of the administrative offence proceedings, a complaint and accompanying documents, transcripts.
286.7 article. The appeal of the legal proceedings, the judge-rapporteur is satisfied that the complaint procedure, take a decision on the appeal and the proceedings determined by the hearing date and time or date of the complaint will be heard writing process.
Found that the complaint sent to the appellate court, in violation of the procedure for lodging a complaint, the judge rapporteur shall adopt one of the following decisions: 1) waiver to institute appeal proceedings, if a complaint filed about decisions that may not be appealed under the law, if a violation of the appeal period prescribed for or if the complaint submitted by a person who is not authorised; in this case, the complaint together with the case sent to the Court of first instance, the complaint shall be returned to the applicant;
2 the transmission of the case), the Court of first instance statutory actions — if, by appeal, this code has not been complied with article 286.3 of the first or second part.
If the second part of this article 1 the conditions set out in paragraph finds at the hearing, the Court shall adopt one of the following decisions: 1) on the termination of the appeal, if the appeal proceedings brought about the decision, which under law may not be appealed;
2) for leaving without complaint — if other part two of this article paragraph 1 contains the conditions.
286.8 article. Appeal of administrative offence proceedings proceedings in cases where specific administrative arrest in assessing the appeal of the legal proceedings, the appellate court judge to decide whether a respected at the appeal procedures and the term, including the question of the procedural time limit to decide, if such a request is submitted.
If the appeal does not comply with this code and the conditions laid down in article 286.3 286.5, appeal left without guidance and decision determines the applicant a time limit for correction of deficiencies to three days from the date of receipt of the decision.
If the deficiencies are remedied within the time limit set, the appeal shall be deemed to have been filed on the day on which it was first submitted to the Court. If the deficiencies are not remedied within the time limit, the appeal shall be deemed not to have been filed and shall be returned to the applicant.
286.9 article. Procedure for hearing appeals in the Court of Appeal the court case on a collegial basis by three judges.
The hearing shall take place in accordance with this code, the provisions of article 271.1, noting that the first explanations provided by the appellant, but if a complaint lodged by both parties, called on both the administrative responsibility of the victim, the person called to administrative responsibility.
The appellant may withdraw it until you have completed the proceedings on the merits.
If the appeal is withdrawn, the judge-rapporteur to the trial or hearing, the Court shall decide on the appeal.
If the person who submitted the appeal complaint or protest, appear at the hearing without justification, they leave without complaint or protest.
286.10 article. Appeals and protest hearing process in writing if the appeal or protest filed on the district (City) Court judge's decision set fines or administrative qualifications and if the infringement appeal or protest will not include a request that the execution would deteriorate the situation and not offending, new evidence and apply for persons to be questioned in court, the case can be dealt with in the written procedure, without hearing.
The written procedure, the Court may, on its own initiative, take a decision on the case hearing process.
286.11 article. The appellate court ruling in the case of the infringement of the administrative appeal court, regardless of the motives of a decision repealing the decision of the Court of first instance and send the case to a new Court of first instance in the following cases: case 1) considered illegal;
2) examination of the case violated rules that require administrative infringement cases to inform members about the time and place;
3), proceedings in violation of legal provisions on the language of the proceedings;
4) ruling determines the rights and obligations of persons who are not participants in the administrative offence;
5) in case no full ruling and, in the cases laid down in this code, the minutes.
Court of appeal, in considering the appeal or protest, make one of the following decisions: 1) left of the ruling, but the appeal or protest is rejected;
2) repeals the ruling and sent the case for a new consideration;
3) repeals the ruling and terminate the case;
4) cancels the ruling and make a judgment, by which the person is found guilty of an administrative infringement and fines;
5) amend the penalties provided for under the legislative act on liability for administrative offences.
The second part of this article (4) and (5) in the cases referred to in the appeal court can accept the person less favourable judgment, if the case is being heard by the public prosecutor or the victim of the protests.
Judgment consists of introductory paragraph, descriptive parts, theme part and the operative part.
286.12 article. The appellate court ruling declaring the dial and order after the Court debate and reply, if any, the Court will go to make judgment by giving the courts the courtroom audience and setting the time when the judgment will be drawn up and available in the clerk of court. Court judgments shall be drawn up not later than ten days.
The appellate court may declare the ruling immediately after the hearing, announcing a shortened form of the ruling, which consists of the introductory part and the operative part. Abbreviated form of declaring the ruling, the appellate court declares the date will be drawn up in the full ruling. In this case, the full ruling of the appeal court of ten days indicating the full ruling dial date.
286.13 article. The appellate court ruling and procedure of dispatch By dialing a ruling the Court of appeal within three working days, a copy of the judgment or send a copy of the administrative offence proceedings specified in this code, as well as institutions. If within the time limit laid down in this article is a copy of a ruling is issued in administrative proceedings, infringement, then this member a copy of the judgment or copy is no longer to be sent.
Copy or copy of the ruling shall be issued against the signature.
286.14 article. Judgment of the Court of appeal of the judgment of the appellate court is not appealable and shall enter into force on the date of its composition.
286.15 article. The procedures are accepted and appealed the Court decision, with which the administrative offence within the case decide procedural issues the decision drawn up a separate procedural document, in the form of a resolution or record the minutes of the hearing. The decision can be in the form of a resolution or to record the minutes of the hearing, if it is not appealable.
The decision, made a separate procedural document, the judge or the Court shall specify: 1) decision, place and time;
2 the name and composition of the Court);
3) persons participating in the case, and the subject of the application;
4) issues on which a decision;
5 themes of the decision);

6 the Court or judge's ruling);
7) procedure for appeals against decisions and deadlines.
Decision shall be given immediately after the procedural issue. In exceptional cases a judge or court decisions may be made, without specifying its themes (short for decision). The full decision of the judge or court shall be drawn up within three working days.
In the cases provided for in this code for the Court or the judge's decision an ancillary complaint may be submitted. On the other court or judge's rulings can be expressed in opposition to the appeal.
Next to the complaint may be submitted within ten days from the date on which the judge or a court decision, except in the cases provided for in this code. If the judge or the Court accepts the appeal decision, the shortened term from the full decision of dialing.
Next to the complaint a written process, the appellate court judge. At the judge's discretion may be reviewed ancillary complaint hearing process.
An ancillary complaint submitted after the expiry of that period, the Court of first instance judge refuses to accept and return to the applicant. The decision, which refused to accept the next appeal, an ancillary complaint may be submitted. The appeal of the decision period shall run from the date of receipt of the decision.
If the judge, in considering the next complaint, acknowledges that the decision of the Court of first instance the justification is incorrect and completely sufficient, judge on the next appeal the decision taken on the grounds of the can specify that joins the Court of first instance or the motivation of the judge's ruling. In this case, a more detailed presentation of the argument is not needed.
If the complaint period shall run from the date on which the person receives a copy of the decision, it is considered that a person has received a decision: 1) on the date specified in the notice of receipt, if sent by registered mail with notice of receipt;
2) on the seventh day from the date of dispatch of the decision.
286.16 article. The Court's decision If, next to the proceedings, found circumstances, possibly indicating a breach of a rule of law, as well as in other cases, the judge or the Court may accept the next decision.
The judge or court decisions may determine the next in a specific task execution time, as well as that institution and the period within which to reply. Next decision sends to the institution concerned. "
12. Supplement article 291 to sixth by the following: "If the Court of appeal, in considering the appeal or protest of the district (municipal) judges accepted the ruling, in the case of administrative violation make judgment, it is released to the district (municipal) courts and all matters relating to the execution of the decision decide district (City) Court."
13. Express article 317. by the following: ' article 317. The decision on the implementation of the Decision of the administrative arrest on administrative arrests executed when the time limit for appeals in the appeal procedure has expired and the decision was not appealed. If the complaint is submitted, the decision is executed after the case examined the appeal court decision, if it is not lifted. If the appellate court ruling on administrative arrest shall notify the shorter form and draw up a full ruling later, arrests executed after the date of notification of the judgment in abbreviated form. "
14. transitional provisions be supplemented with 11, 12 and 13 the following paragraph: ' 11. If the appeal of district (City) Court judges ruling adopted in accordance with article 213 of the code of Administrative Court proposed before 1 January 2009, the Administrative District Court continues proceedings mentioned under this code and the provisions of the Act on administrative procedures.
12. If the Supreme Court Senate Administrative Affairs Department until January 1, 2009 the proposed proceedings for the award of the regional administrative Court of Cassation submitted a complaint or complaints, the next Senate will continue the proceedings pursuant to the provisions of the Act on administrative procedures.
13. amendments this code 238.1 article, third paragraph article 280 in the first paragraph and in the first subparagraph of article 281.1 of the jurisdiction of administrative offences from the Exchange administrative district to the district (municipal) courts shall enter into force on January 1, 2012. "
Transitional Cabinet until the 2009 October 1 develop and submit to the Parliament a bill on the necessary amendments to be made to the rules for the implementation of all the administrative infringement a change of jurisdiction of the Administrative Court and the administrative court to the district (City) courts and regional courts.
The law shall enter into force on 1 January 2009.
The Parliament adopted the law in 2008, 9 October.
President Valdis Zatlers in Riga V 2008 October 29, editorial comment: the law shall enter into force by 1 January 2009.