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Amendments To The Law "on Judiciary"

Original Language Title: Grozījumi likumā "Par tiesu varu"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on judicial power" to make the law "on judicial power" (the Republic of Latvia Supreme Council and Government Informant, 1993,/2.nr. 1; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1994, nr. 1, 13; in 1995, 10, 22 No.; 1996, nr. 3, 13; 1997, 5, no. 21; in 1998, nr. 22, 23; 1999, no. 23; 2001, 24 no; 2002, no. 23; 2003, no. 14; 2004, no. 2; 2005, 8, 20 no; in 2006, 7, nr. 24) the following amendments: 1. Turn off the article 21, first paragraph, second sentence. 2. in article 28.2: make the third paragraph as follows: "(3) the issue of the first and the information referred to in the second subparagraph, it shall include an indication of the validity of judicial decisions, as well as the Cabinet's order covers the information that reveals the identity of the natural person." to supplement the article with the fourth and fifth by the following: "(4) the provisions of this article shall not apply if the Court ruling is issued in accordance with the procedural laws. (5) in the first subparagraph, these court rulings shall be published on the website on the internet if it is provided for in the Act, regulations, as well as by the authorities. Publishing a court ruling shielded them in the internet, information that reveals the identity of the natural person. " 3. Add to article 3.1 of chapter with 28.7 as follows: "28.7 article. The order in which the information published on the website on the internet With litigation-related information to be published on the homepage in the internet, as well as the order in which such information is published shall be determined by the Cabinet of Ministers. " 4. Article 29: make the second paragraph as follows: "(2) the district (City) Court can be unit-Court House, located in the district (City) court action."; to supplement the article with the third part as follows: "(3) the Administrative Court, the Administrative Court and the District Court, the city of Riga, the Riga District Court and Sigulda area shall be determined by the Cabinet of Ministers." 5. Turn off the third subparagraph of article 49. 6. To supplement the law with article 49.1 of the following: ' article 49.1. The Court House and Senate Department (1) the general meeting of judges of the Court House and Senate General meeting of judges of the Department is that the actual body of the collegiate rights discussion convened by the President of the Supreme Court. (2) the Court of the House and Senate Department of the general meeting of judges discuss hot issues of interpretation of legal rules, to ensure uniformity in law. (3) the Court of the House and Senate by the general meeting of judges of the Department their opinion on the rules for interpreting and applying the questions formulated as decisions that are made. " 7. in article 50: make the second paragraph as follows: "(2) the President of the Supreme Court headed by the full Court of the Supreme Court of Justice sitting in the House and Senate Department of the general meeting of judges sitting, and he has the right to manage the Senate sitting."; Add to article 3.1 and 3.2 part as follows: "(31), the President of the Supreme Court after a high court judge said the confirmation of the Supreme Court, in which the departments of this judge will carry out their obligations. (32) the Supreme Court, the senator's Office after the Supreme Court may be appointed on a proposal of the President of the Senate senator of Department or other court judge who received the qualification board of judges a positive opinion. The judge appointed senator in the Senate, where Senators of the Department in which the general meeting by law participates in the President of the Supreme Court. " 8. in article 52: make the first part of paragraph 4 and 5 by the following: "4) gained national recognition of the second level of higher education diploma in law and legal qualifications; 5) worked in legal specialty for at least five years after the country accepted a second tier of higher education diploma in law and legal training or worked for at least five years the Assistant of the President of the Court or the judge's Assistant post. "; to turn off the second part; to make the fourth subparagraph by the following: "(4) the cabinet shall determine the judge selection, internship and examination the sort order." 9. Replace article 53, second paragraph, the words "judge's third qualifying class in the menu" Exo "qualification in the menu" Exo. 10. Article 54: make the second paragraph as follows: "(2) to a judge of the Supreme Court for eligible person with not less than 15 years, the total length of service of Justice University specialty academic staff, sworn advocate or Prosecutor, which has passed the qualifying examination. After the President of the Supreme Court reasoned proposal on Supreme Court judges, other eligible person with at least 15 years of seniority in the legal sector and which has passed the qualifying examination. "; to supplement the article with the third part as follows: "(3) By the President of the Supreme Court reasoned proposals and positive opinion of the qualifications of the judges to the Supreme Court judges eligible person with not less than ten years, the total length of service of Justice University specialty academic staff, sworn advocate or Prosecutor, which has passed the qualifying examination." 11. Express article 54.1 as follows: "article 54.1. The District Court and Supreme Court judges select candidates on-the-job training and qualifications, Exo, the sort order in the menu (1) a judge of the District Court in accordance with article 53 of this law the second part of the applicant to the District Court judge candidate selection, training and qualification examination, sort order is determined by the Cabinet of Ministers. The internship period is determined according to article 52 of this law the fifth part. (2) to a judge of the Supreme Court in accordance with article 54 of this law, the second and third candidate for Supreme Court judges, the selection of candidates for an internship and passing the qualification examination determines the sort order of the President of the Supreme Court. The internship period is determined according to article 52 of this law the fifth. " 12. Supplement article 55 to point 7 by the following: ' 7) which, on the basis of the decision of the disciplinary procedure, cancel from the judges, from sworn bailiff, sworn bailiff's Assistant, sworn notaries, notary certified Assistant position, excluded from the Attorney or attorney or Assistant released from the Prosecutor and from the disciplinary decision taken in the date of its entry into force does not last for five years. " 13. To supplement the law with 14.1 the following section: "the ethics of judges chapter 14.1 the Commission rule 91.1. The Ethics Commission of judges the judges Ethics Commission is a collegial body of self-government of judges, whose basic purpose is to provide opinions on the interpretation of the rules of ethics and irregularities, as well as to explain the conduct of judges. Article 91.2. The judicial functions of the Commission of ethics of judges ethics functions are as follows: 1) at the request of the person who has the right to initiate disciplinary proceedings, as well as the judges ' disciplinary Collegium's request, provide advice on ethical standards for interpretation and infringements; 2) on its own initiative or at the request of the judges to explain and analyze the judges ' code of ethics rules, as well as to advise judges on judicial ethics; 3) collect and prepare for publication the insights and explanations about the ethical standards interpretation and application; 4) discuss the ethics rules; 5) to draw up a code of ethics for judges and submit them for approval to the Conference of judges. 91.3 article. The Ethics Commission of judges (1) ethics of judges is composed of ten members, by secret vote, elected by the Conference of judges. (2) the Conference of judges of two members of the Commission of ethics of judges shall be elected from the land registry Department judges among candidates, three-from the district (City) Court judges among candidates, the three-judge District Court of nominated candidates and two-of Supreme Court candidates. (3) the judges Ethics Commission member may nominate and elect a judge in this Commission, the Honorable judge or person of the judge released due to the statutory position of default maximum age. The judges ' Ethics Commission member, the candidate must be of good repute and an understanding of the role of ethics in the work of judges and legal ethics. (4) the ethics of judges members of the Commission's term of Office is four years. Member of the Commission of ethics of judges may be re-elected, but not more than two times in a row. (5) judges ' Ethics Commission member status is incompatible with the obligations of the members of the disciplinary Collegium of judges. 91.4 article. The Ethics Commission of judges (1) ethics of judges operate in accordance with the rules of procedure. Subject to the approval of the Conference of judges. (2) the ethics of judges Commission convened the first meeting of the President of the Supreme Court not later than one month from the date of the Election Commission. (3) the ethics of judges meeting must involve at least six judges to the Ethics Commission members. (4) the ethics of judges Commission annual reports on its work to the Conference of Judges. (5) judges the Ethics Commission may call to participate in the meeting in an advisory capacity to the Constitutional Court, the judiciary belonging to profession ethics specialist representative, or recognized expert of Justice. (6) the ethics of judges of the Court Administration provides the work. " 14. Article 92: express the second part of paragraph 5 by the following: "5) by secret vote, elected by the judges ' disciplinary Collegium for four years;" to complement the second part with point 6 and 7 by the following: "6) by secret vote, elected by the Judges of the Ethics Commission for four years; 7) confirms the judges ' code of ethics. " 15. Express 94. article as follows: "article 94. The qualification board of judges powers and action (1) qualifications of judges College before taking a qualifying examination on the basis of the application for the judge the candidate's qualifications in men and Exo, the attached documents, evaluate each raised the first time the judges the suitability of candidates for the post of judge. If a candidate is considered suitable for the post of judge, Judge of the qualifications of judges evaluates the candidate's professional training, assuming qualification Exo menu. (2) the qualifications of the judges panel gives its opinion on the district (City) courts, regional courts, the Supreme Court or land registry Department judges nominations, as well as the Department of Supreme Court Senate senator's nomination. (3) the qualifications of the judges at the College of judges and decide on dad qualification class award, as well as by the Minister of Justice, the President of the Supreme Court, the President of the District Court, the district (municipal) Court or land registry Department of the President of the superior proposal to decide the question of downgrading the qualification of a judge. (4) the judge qualification College operates in accordance with the rules of procedure. Subject to the approval of the Conference of judges. " 16. Replace article 98, second paragraph, the words "has passed the next qualification grade Exo menu" with the words "received a positive opinion of the qualifications of the judges". 17. To supplement the law with article 98.3 follows: 98.3 "article. Land Registry Department judges replacement and remuneration for the replacement of judges (1) vacancy or temporary absence, the judge in the case the Minister of Justice may, at the time-not more than two years-ask land registry Department judges fulfill their responsibilities in the land registry office of another judge if that person has given written consent. (2) the remuneration for the land registry Department judges the substitution shall be fixed in accordance with article 80 of this law to the first part. " 18. Add to article 107, the second part of paragraph 4 by the following: "4) carry out judicial information system and the national computerised land register held the single-function." 19. transitional provisions: to replace in paragraph 16, the words "and the 2009 February 1" with numbers and the words "February 1, 2011"; Add to transitional provisions with paragraph 18 and 19 by the following: "6. Judge candidates whose progress was appointed judge at the start of this Act prior to the Amendment 52 article 5 the first paragraph of the entry into force of paragraph, the judge appointed to the post in 2008, October 1. 19. Article 29 of the Act referred to in the third subparagraph of the Cabinet of Ministers Regulations entry into force, but not longer than until 1 January 2009 shall be applicable to the Cabinet of Ministers of 27 December 2005, the provisions of the "rules on no 1023 administrative district, an administrative district, the city of Riga, the Riga District Court district and Sigulda areas". "
The law shall enter into force on the day following its promulgation.
The Parliament adopted the law of 3 April. President Valdis Zatlers in Riga V 2008 April 18