Amendments To The Civil Procedure Act

Original Language Title: Grozījumi Civilprocesa likumā

Read the untranslated law here: https://www.vestnesis.lv/ta/id/176644

The Saeima has adopted and the President promulgated the following laws: the law of civil procedure to make the civil procedure law (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 no, 2006, 1, 13, 20, 24 no; 2007, nr. 3, 24) as follows: 1. in article 345: replace the first paragraph, the words "the Court of the receipt of the application" with the words "application"; replace the second paragraph, the word "Court" with the word "judge"; replace the third paragraph, the words "longer than a month" with the words "longer than 20 days." 2. Replace article 346, second paragraph, first sentence, the word "Court" with the word "judge". 348. Article 3: turn off the title, the word "debtor"; replace the first part of the number and the word "day" with the number 35 and the word "45 days". 349. Article 4: make the first part of paragraph 2 as follows: "2) administrator resignation, if the administrator submits an application for resignation, which added to the activity report, as well as document and of the reception and transmission of assets Act;"; to supplement the first part with the 2.1 point as follows: "21) the abolition of the administrator, the timing of the document and the goods acceptance and commissioning process and document the Act and the transfer of assets to another administrator;" Replace paragraph 3 of the first paragraph, the word "term" with the words "implementation date"; Add to article 1.1 and 1.2 of the part as follows: "(11) the Administrator may cancel the Court's own initiative, if the particular question or complaint redress process, notes that the administrator does not comply with the requirements of the law or comply with a court ruling. (12) If, after the legal protection process of the delivery of the Court has taken a decision on the resignation or removal by the administrator, the judge after receiving a proposal from the administration of insolvency immediately decide on the appointment of the administrator and the other court decision sends the copy of the insolvency administration by law and the notified body, which shall make entries in the register of insolvency. '; make the second paragraph, the second sentence as follows: "the decision on the resignation or revocation of the administrator a copy of the Court shall immediately forward to the insolvency administration." 5. Replace article 363.2 of the first paragraph, the words "of the debtor, which" with the words "the people". 6. Make the text of this article 363.3: "(1) the decision on the initiation of insolvency proceedings or the refusal to accept the insolvency application is accepted the judge no later than the day after receipt of the application, but if the insolvency application has been left without guidance, not later than the next day after the Court's decision shows the corrected deficiencies or expired this lack. (2) Propose the case, the judge shall decide whether the debtor would be Prohibition Act with their belongings. " 7. Express 363.4 the first paragraph as follows: "(1) proposing the use of the insolvency proceedings, judge seize a debtor's assets and decide whether the other requirements laid down in this law, security measures, provided that this does not preclude the debtor's business activities. Partnership members also attachable assets that the debtor is liable for its obligations. " 8. Express 363.5 the second subparagraph by the following: "(2) the judge after receiving a proposal from the administration of insolvency immediately decide on the administration of the insolvency administrator recommended the appointment of a candidate for administrator, and a copy of the decision of the Court shall immediately forward to the insolvency law of the Administration and with the notified body, which shall make entries in the register of insolvency." 9. Replace the seventh subparagraph of article 363.7 paragraph 3, the words "costs incurred" by the words "the insolvency practitioner costs incurred". 10. in article: 363.8 express the first part as follows: "(1) the debtor's insolvency proceedings on the date of the application the Court shall decide on: 1) vendor meeting decision on the commencement of bankruptcy proceedings and the decision of the creditors ' meeting for the approval of the completion of the bankruptcy proceedings; 2) settlement approval; 3) vendor meeting decision on the bailout plan or amendment, as well as the bailout plan or the new version of the approval of the amendment; 4) vendor meeting the decision on the implementation of the restoration plan and the completion of the restoration of the approval; 5) vendor meeting the decision on the cancellation of the approval of the restoration; 6) administrator, if the administrator submits resignation application for resignation, which added to the activity report, as well as documents and belongings of the reception and transmission of the instrument; 7) cancellation of the administrator in determining the period of acceptance of documents and things and entry Act, dialing and transfer of documents and belongings for another administrator; 8) termination of the insolvency proceedings; 9) real estate auction Act approval; 10) insolvency marks the deletion in the land; 11) Council Regulation No 1346/2000, 33 and 37 of the operations provided for in article; 12) the decision of the creditors ' meeting on the reorganization of the nullity of void. " Add to article 1.1, 1.2 and 1.3 of the part as follows: "(11) at the request of the administrator, the judge shall decide on the release of the property liens or other suitable means of security requirements and the transfer of the property administrator. The decision on the abolition of the security requirements of a copy of the court record in the appropriate public register, as well as by law the notified body, which shall make entries in the register of insolvency. (12) the Administrator may cancel the Court's own initiative, if the particular question or complaint to the insolvency proceedings, establishes that the administrator does not comply with the requirements of the law or comply with a court ruling. (13) If, after the Declaration of insolvency proceedings the Court has taken a decision on the resignation or removal by the administrator, the judge after receiving a proposal from the administration of insolvency immediately decide on the appointment of the administrator and the other court decision sends the copy of the insolvency administration by law and the notified body, which shall make entries in the register of insolvency. '; make the second sentence of the sixth paragraph the following wording: "the decision on the resignation or revocation of the administrator a copy of the Court shall immediately forward to the insolvency administration."; to complement the seventh subparagraph with the sentence as follows: "the Court's decision to review the complaint, except for a decision on the complaint in connection with the decision of the creditors meeting, immediately sends the insolvency administration."; to make an eighth of the following: "(8) a court decision on the application and complaint proceedings is not subject to further appeal, except where the Court takes a decision about real estate auctions, Act and the insolvency marks the deletion in the land. It is also the absolute decision rejecting an application for a real estate auction and bankruptcy law marks the deletion in the land, as well as the decision of the Court of Justice recognised the auction invalid. The appellate court decision on real estate auction and bankruptcy law marks the deletion in the land may not be appealed. " 11. Replace article 363.9 fifth paragraphs the words "insolvency" with the words "restore solvency restoration". 12. Replace the fourth subparagraph of article 363.10 words "insolvency" with the words "restore solvency restoration". 13. To supplement the article with 363.16 third and fourth subparagraph by the following: "(3) an application to be registered in a separate registry that the signature of the applicant and the beneficiary. (4) the application shall be attached to the document, and it can be specified in the law of insolvency. " 14. Replace the words "in article 363.17 application the Court shall adopt" with the words "the applications judge adopted". 15. Express 363.18 the second subparagraph by the following: "(2) the judge after receiving a proposal from the administration of insolvency immediately decide on the administration of the insolvency administrator recommended the appointment of a candidate for administrator, and a copy of the decision of the Court shall immediately forward to the insolvency law of the Administration and with the notified body, which shall make entries in the register of insolvency." 16. in article 363.20: make the first part of the first sentence by the following: "after the physical persons declaring insolvency proceedings the judge shall decide on the application of the annex. '; to make the second part of paragraph 6 by the following: "6) administrator resignation, if the administrator submits an application for resignation, which added to the activity report, as well as document and of the reception and transmission of assets Act;"; Add to second with 6.1 points as follows: "the abolition of the 61) administrator, the timing of the document and the goods acceptance and commissioning process and document the Act and the transfer of assets to another administrator;" Add to article 2.1, 2.2 and 2.3 of the part as follows: "(21) After the request of the administrator, the judge shall decide on the release of the property liens or other suitable demands the abolition of the security instruments and effects transfer to the administrator. The decision on the abolition of the security requirements of a copy of the court record in the appropriate public register, as well as by law the notified body, which shall make entries in the register of insolvency. (22) the Administrator may cancel the Court's own initiative, if the particular question or complaint an individual's insolvency proceedings, establishes that the administrator does not comply with the requirements of the law or comply with a court ruling. (23) If upon physical persons declaring insolvency proceedings the Court has taken a decision on the resignation or removal by the administrator, the judge after receiving a proposal from the administration of insolvency immediately decide on the appointment of the administrator and the other court decision sends the copy of the insolvency administration by law and the notified body, which shall make entries in the register of insolvency. '; make the second sentence of the third paragraph the following wording: "the decision on the resignation or revocation of the administrator a copy of the Court shall immediately forward to the insolvency administration."; to make the fourth and fifth by the following: "(4) the Court shall examine the complaint on the decision of the administrator, as well as complaints about the administration of the insolvency of the decision adopted by the administrator of natural persons conduct insolvency proceedings or legal obligation. The Court after hearing the complaint, a copy of the decision shall immediately be forwarded to the administration of the insolvency. (5) the decision of the Court on the application and complaint proceedings is not subject to further appeal, except where the Court takes a decision about real estate auctions, Act and the insolvency marks the deletion in the land. It is also the absolute decision rejecting an application for a real estate auction and bankruptcy law marks the deletion in the land, as well as the decision of the Court of Justice recognised the auction invalid. The appellate court decision on real estate auction and bankruptcy law marks the deletion in the land may not be appealed. " 17. off 415. Article 2.1. 18. off 423. the third paragraph of article. 19. off 425 article 1.1 paragraph, the words "as well as insolvency proceedings". 20. Make 434. article as follows: "Article 434. The appellate court's judgment comes into lawful effect (1) the appellate court judgment comes into lawful effect when it expires to appeal in cassation and appeal in cassation has been lodged. (2) If an appeal in cassation is filed, the appeal instance court judgment comes into lawful effect: 1) at the hearing of the Senate action, if the decision is to reject cassation proceedings suggest (464. the third part of the article and 464.1); 2) judgment of the Court of cassation instance, if the appellate court's judgment is not canceled or the judgment or part thereof is cancelled and the application is left without hearing or proceedings terminated (474). (3) The appeal court judgment apply the legitimate forces of this Act 203. the second, third, fourth and fifth. (4) the appeal court judgment will be executed in accordance with this law, article 204 and 204.1 article 205 the provisions of the first paragraph. Immediate execution of the judgment of this law 205 of the first paragraph of article 7 in the case provided for in paragraph allowed only prompting the party adequate safeguards in case the cassation instance court the adoption of this law, Article 474, 3 or 4, paragraph. " 21. To supplement the law with article 439.1 of the following: ' article 439.1. The appellate court after the Court of cassation instance court enforcement action after the Court of appeal after this Law Article 477.1 cassation instance court enforcement action has received the thing, it executes the statement in the article. After the settlement of the appeal court sends case back to the Court of first instance. " 22. Make 447. the second subparagraph by the following: "(2) next to the complaints about the judge's decision outside the hearing, of land registry Department judges decision as well as the decisions of the insolvency proceedings in the cases examined the writing process, not holding a hearing. On the next day of the inquiry, the Court shall notify the parties. " 23. To make 450. the third part as follows: "(3) an appeal in cassation may be appealed to the appellate court, if the Court incorrectly translated or substantive law, breached procedural rules or the case exceeded the limits of its competence." 24. the express article 451 as follows: "451. article. Substantive law incorrect application of substantive law, the Court has applied the wrong if it is not properly applied to the Court found conditions or if the substantive law misconstrued. " 25. Make 452. the first paragraph by the following: "(1) the Court has made a procedural law, if the infringement proceedings are not provided adequate procedural law policy or procedural rights of persons, the law is not applied or not correctly translating the." 26. Express 453. the first paragraph of article 6 paragraph 5 by the following: "5) any substantive law, the Court applied or translated incorrectly, some procedural law provisions infringed and how it affected the judgment of the case or as manifested in the competence of the Court." 27. Supplement article 454. the second part of the sentence the following wording: "If a judgment drawn up after the date of the judgment, the period shall run from the day of the actual composition of the judgment." 28. Add to article 458 of the fourth subparagraph with the sentence as follows: "the Court or judge, respecting an individual's assets, can fully or partially release the person from payment of security." 463. Article 29: Add to the article with a new third subparagraph by the following: "(3) the Senate shall forward to the other participants of the process of transcription and counter-complaints announces that they have 30 days from the date of dispatch of the copy is entitled to submit to the Senate for explanations in connection with counter-complaints."; consider the third part of the fourth part. 30. the express 54. chapter name as follows: "57. Chapter legal proceedings and appeal proceedings before the Court of cassation instance". 31. the express article following 464: "464. article. Senate hearing (1) action to decide the question of legal proceedings, the Court of Cassation, and protests by counter-complaints this law 460 in the first subparagraph of article and 463 in the third subparagraph of article set for the submission of the explanation of the appearance of Senate action termination hearing, the Department's Chairman in the Senators Chamber created the three Senators. (2) If any of the Senators feel that the thing be the cassation instance, senator of the College of law, shall adopt a decision on legal proceedings. (3) If a panel of Senators unanimously recognizes that Court of legal proceedings is refused, so with their hearing decision refuses to propose the cassation proceedings. (4) a senator of the College of unanimous decision case may refer to the appeal in cassation the Senate extended composition. (5) if the Court of cassation proceedings are instituted, after the party, senator the College can take a decision on the suspension of enforcement until the hearing of the appeal in cassation. (6) conduct the hearing in the Senate Chamber of Senators may also decide the question of refusal to accept the next complaint submitted and other procedural questions, which is not necessary for the decision to the Court of session, as well as to adopt a decision to ask the Court of Justice of the European communities for a preliminary ruling questions or to submit to the Constitutional Court the application for compliance with the provisions of the law to the Constitution or rules of international law (Act). " 32. To supplement the law with article 464.1 as follows: "464.1 article. The basis for refusal to institute proceedings in the Court of (1) the Senator refuses to propose the College appeal proceedings if an appeal in cassation does not comply with this law, 450-454. article. (2) If an appeal in cassation formally comply with the first part of this article the requirements and if the appellate court did not make this law 452 part three of article rules, senators in College may refuse to propose the cassation proceedings in the following cases: 1) in the matter of an appeal in cassation in the application of substantive law or procedural violations of the legal provisions relating to the application of these rules of law and interpretation of the Senate rulings in other similar cases has developed case-law and the appellate judgment fulfils it; 2) without any doubt about the appeal of the judgment of the Court of Justice, and the case is irrelevant in the present case. " 33. To supplement the law with 477.1 article as follows: "Article 477.1. Cassation instance court after Cassation protest of cassation proceedings and by this law, in the second paragraph of article 462, 464. third paragraph and Article 474 and 1 of article 4, paragraph a full ruling (adoption) joins the cassation instance court shall immediately forward the case to the appeal court for a discharge of the Executive article. " 34. Add to Article 479 paragraph 6 by the following: ' 6) the European Court of human rights or other international or supranational Court ruling in this case, from which it follows that proceedings should be instituted. In this case, assuming the Court ruling in the case, should be resumed based on the European Court of human rights or other international or supranational Court ruling found facts and their legal rating. " 35. transitional provisions: transitional provisions be supplemented by 30-37 as follows: "this law 30 434. the new version of the article (the arrangements into legally valid and enforceable judgments of appellate court), article 439.1 464 new articles (on Senate action of session), as well as Article 477.1 464.1 and shall enter into force on July 1, 2008. Judgment of the Court of appeal, that Court issued up to June 30, 2008, comes into lawful effect to the moment of delivery, and the appellate court decision execution initiated, continued, and f in part E of this law. 31. The statutory activities of the judiciary in the context of the Court's ruling sent the law to the appropriate authority, which shall make entries in the register of insolvency, not related to those rulings, the Court adopted the bankruptcy cases in which bankruptcy is filed in court until 2007 December 31 and further issues which the Court decided pursuant to those regulations, which until 2007 December 31 was the company and the companies ' insolvency. 32. The insolvency proceedings where bankruptcy is filed in court until December 31, 2007 and which questions the court process pursuant to those regulations, which until 2007 December 31 was the company and the companies ' insolvency, the appointed administrator to the proceedings, or to judge the deadline laid down in the decision of the Court: 1) the list of persons who are under the law of the debtor's representatives; 2) belonging to third persons and the debtor's possession or holding property list; 3) secured and unsecured creditor list, based on the debtor's accounting data; 4) review of bank accounts and that the existing debtor of the debtor's cash, fixed assets and working capital; 5) an opinion as to whether the debtor initiated a Council Regulation No 1346/2000, article 3, paragraph 1 or 2 set out in the insolvency proceedings. 33. The insolvency proceedings where bankruptcy is filed in court until December 31, 2007, but the judgment of the suspect is taken after that date, the Court in the judgment debtor's representatives, based on the debtor's representatives submitted to the administrator list, and determine their responsibilities in accordance with the regulations, which until 2007 December 31 was the company and the companies ' insolvency. 34. The insolvency proceedings where bankruptcy is filed in court until December 31, 2007, the Court, in approving the settlement, does not terminate. The Court shall decide on the termination of the insolvency proceedings to the conclusion of the settlement in cases where it is established that the debtor has fulfilled all its obligations for which the due date and after the liquidation of its assets exceeds the sum of the remaining debt. 35. The insolvency proceedings where bankruptcy is filed in court until December 31, 2007, the Court of Justice on the basis of the application for annulment of the decision on the settlement, if: 1) entering into a settlement, in violation of laws or regulations; 2) settlement reached the conclusion by using deceit or duress, or the law; 3) the debtor does not comply with the obligations laid down in the agreement. 36. The insolvency proceedings where bankruptcy is filed in court until December 31, 2007 and which questions the court process pursuant to those regulations, which until 2007 December 31 was the company and the companies ' insolvency, complaints may be submitted to: 1) administrator — on any decision the meeting of creditors and the creditors ' Committee, as well as the decision of the administration of the insolvency administrator; 2 creditor or creditors) group — creditors meeting for a decision accepted or rejected a claim by the vendor within three weeks from the date of the creditors ' meeting or the date of the vendor that vendor has not participated in the meeting, announced its decision; 3) vendor or vendor group — for the meeting of creditors (creditors ' Committee) decision on administration costs and debt settlement arrangements within three weeks after its adoption. 37. The insolvency proceedings where bankruptcy is filed in court until December 31, 2007 and that further questions in the process of the Court in accordance with the regulations, which until 2007 December 31 was the company and the companies ' insolvency, debtor may submit to the Court an application for termination of the insolvency proceedings, if he had got all the debt within the time limits and asset value exceeds the remaining amount of the debt. "
The Parliament adopted the law of 22 May 2008. In place of the President of the parliamentary President G. Lot in Riga, 2008. on June 11.