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The Amendments To The Law On Bailiffs

Original Language Title: Grozījumi Tiesu izpildītāju likumā

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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; Latvian journal, 2011, 26, 65 no; 13, No 21, 188; 228 nr. 2014) the following amendments: 1. Supplement article 12, first paragraph, point 5, point "c" after the word "years" with the words "at the lawyer's qualification". 2. Express article 40 the following: ' article 40. (1) the sworn bailiff requirements and instructions, making the activities of the Office are binding on all persons in the territory of the country. (2) if the sworn bailiff or an order by the heritage protection, heritage inventory list of the inheritance or transactions in case of bezmantiniek goods, are not met, he shall draw up and submit to the district (municipal) Court after his posts for the Court to decide the question of the liability of the person concerned and the imposition of fines. The issue of personal responsibility and the amount of the fine, the Court shall decide the manner of civil law in relation to the sworn bailiff requirements and orders of court and other enforcement process. "
3. Article 42: adding to the article with the second and third subparagraphs by the following: "(2) a Sworn bailiff, conducting transactions with the bezmantiniek property, has the right, pursuant to a cabinet order on, open and without the consent of the holder to enter the bezmantiniek property real estate, as well as in other rooms and storage facilities, for which there is news that it is in the bezmantiniek property. (3) a Sworn bailiff, making heritage protection, has the right, pursuant to Title VI of this Act (A) the provisions of the first chapter, open and without the consent of the holder to enter the dead person owned premises, as well as in other rooms and storage facilities, which according to sworn notary information specified in the call is in the dead person owned property. "; believe the current text of article about the first part. 4. Make the article 71 the third paragraph as follows: "(3) a sworn court bailiffs had no right to refuse to accept for execution the Executive documents, notarial act of succession terminated statement or sworn notary public call for heritage protection, which under the law of the civil law or the jurisdiction of his station." 5. Add to article 73 of the fourth subparagraph by the following: "(4) a sworn bailiff, based on sworn notary's call, made in the detention of succession in accordance with the procedure prescribed by law." 6. Article 74: adding to the first part of paragraph 5 with the following: "5) runs a mediation as a certified mediator under the Mediation of the rules laid down in law and order."; to supplement the article with the third part as follows: "(3) the costs associated with the first paragraph of this article post activities include sworn bailiff posts remuneration rates and the post operation requires expenditure. Post operation requires expenditure shall be determined according to the legislation on enforcement action requires expenditure. "
7. To supplement the first section VI (A) of the following chapters: "the first chapter of A heritage protection article 77.1. (1) the sworn bailiff make heritage protection based on sworn notary public call. (2) a sworn court bailiffs had no right to refuse to accept sworn notary public executing the call if it specifies the location of the property is the sworn bailiff posts, within the limits specified for (station). (3) the Person who requested the protection of the heritage, by sworn bailiff lodged sworn on the instructions of the bailiff's operating account, the amount required for the protection of the heritage operation. In the course of the proceedings after the jury bailiff on the instructions of the person who requested the protection of the heritage, contributions to the sworn bailiff's operating account an additional amount to cover the costs of detention. Sworn bailiff for the amount of the payment is not grounds for termination of the detention of the heritage. (4) the right to receive messages and get acquainted with the heritage protection case documents is the person who requested the protection of the heritage, a sworn notary that issued a call to make heritage protection, heirs and inheritance, if the custodian is appointed. Article 77.2. (1) the heritage of the detention to start without undue delay, but not later than within five days. Notice of the commencement of inheritance protection is not sent. (2) If a person refuses the minor sworn bailiff, conducting detention operations, the heritage to let immovable property, premises or other facilities where according to sworn notary public call to make heritage protection are guarded treasure, sworn bailiff to call upon a police representative, which enters the presence of immovable property, premises or other facilities and heritage protection activities carried out. (3) if the sworn bailiff finds that real estate, premises or other storage facility, where according to sworn notary public call to make heritage protection are guarded treasure, are closed or where no adult person is encountered, the sworn bailiff at the property, premises or other facilities left notice on heritage protection activities date and time, indicating that if a date specified in a notice and will not provide access to real estate , indoors or in other stores, it will be forced in the presence of a representative of the police. If real estate, premises or other storage facilities owned by third parties, the notification is sent to the parties concerned by post. (4) if the time specified in the notice for the sworn bailiff heritage protection activities are not provided access to immovable property, premises or other facilities, they are forced open police presence. If the immovable property, premises or other facilities after the opening does not meet any of the minor party, sworn bailiff after compulsory opening of premises shall ensure safe closing and sealing. Sworn bailiff at the property, premises or other facilities left a notice with summons to sworn bailiff's Office to get a room key. (5) For the second, third and fourth activities listed in part a sworn bailiff draws up Act. 77.3 article. (1) a Person who lived with the deceased person in the same apartment or at which the succession property is located, to provide confirmation in writing, sworn bailiff, they gear from the remaining noslēpuš and nothing they don't know that some part of the property after the testator's death, the property would be noslēpuš, taken or taken by another person. If the person refuses to provide proof, they explain in writing the reasons for the refusal. (2) if any of the first paragraph of this article, the persons referred to in the receipt or refused to give explanations, sworn bailiff makes up for that Act and in accordance with the procedure laid down in this Act shall submit it to the Court, the Court to decide the issue of liability of the person concerned. The refusal of persons suspension not sworn bailiff action. (3) If it is established that the person has provided false statements, sworn bailiff shall send the application to the public prosecutor. (4) in the Case of claims for their affiliation with the third party, have sealed or seize and sealing or garnishee Act specifies the logged complaints. If the person at the time of seizure or sealing or submitting to prior sworn bailiff documents proving ownership of property, the sworn bailiff, such goods shall not be included in the legislation. The person who believes that it has any rights to the property or attachable aizzīmogojam or part of it, but it can not submit the sworn bailiff for the property consequences of supporting documents or sworn bailiff does not recognize as sufficient for the detection of the home property, has the right to bring an action before the Court of general jurisdiction. (5) If you have received a notice that between the deceased's Affairs is located in wills, sworn court bailiffs to look up first. If the will is found, sworn bailiff shall send it to the sworn notary that issued a call to make heritage protection. Article 77.4. (1) shall be made if the Sealing heritage protection feature was specified in the call for a notary or sworn sworn bailiff in case it considers most appropriate heritage protection feature or if objective reasons it is not possible to immediately seize a property. In this case, as soon as possible, a sworn bailiff property liens. (2) sealing sealing of the case made, storage, packing, in which case packed, or, if the inheritable property is real estate, sealing the same property. Sealing can participate in the notarial act in article 289. the persons mentioned. (3) Not aizzīmogojam real estate, facilities, storage facilities and the things you need for everyday use to persons that use the real estate, facilities, storage facilities and things, as well as the real estate and things which by their nature cannot be sealed. Not aizzīmogojam thing and real estate are attachable. The attachable property is safeguarded even if sworn bailiff in case it considers more appropriate for heritage protection feature than the sealing. (4) a sworn bailiff all activities associated with the sealing of the record. The Act of signing the sworn bailiff and the people who participated in the sealing. If one of the parties does not sign the legislation, sworn bailiff of the Act. Article 77.5. (1) the seizure of movable property gets its description and evaluation. The seizure of immovable property gets its description and, if necessary, also in the evaluation. Heritable property description and evaluation of the sworn bailiff carried out according to the civil procedure law of movable property and real property description and evaluation procedure, in so far as this law provides otherwise. (2) a sworn bailiff about seizure operations make up the Act. The Act of signing the sworn bailiff and the people who participated in the seizure. If any of these people act not signed, sworn bailiff of the Act. 77.6 article. (1) sealed or property seized as a candidate for heritage custodian. With sealed or transfer of property seized heritage custodian heritage protection shall terminate. (2) if the goods or the date of the seizure of the sealing heritage patron is not appointed, sworn bailiff sealed or the detention of seized movable property shall be appointed by the librarian or the real estate manager. (3) Real property custodians declare in writing that he does not alienate the property seized, pledge or use other objective or purpose, and that the disposal of its waste, concealment or substitution, they may be held criminally liable. Sworn bailiff appointed property manager described the real estate store in the same condition as it was at the time, and describe with the same movable property. Real estate manager has the same responsibility as laid down in this law, real property custodian. (4) Seized the valuables and securities sworn bailiff removed and put heritage custodian, but, if one has not been appointed and sworn court bailiffs cannot ensure their maintenance, shall be deposited in the credit institution. (5) money sworn bailiff removed and paid your deposit account, but if has been appointed patron, the patron of the heritage of the specified account. (6) in the case of perishable sales immediately under the Civil law of the movable property sale procedures, but they received the money after spending included in the deduction of the sworn bailiff's deposit account. Sworn bailiff Announces sworn notary that issued a call to make heritage protection on deposit account credited the money received for the sale of the case. 77.7 article. The seizure of funds implies a credit institution sworn bailiff carries out, giving orders to set off the relevant funds (including deposits) the sworn bailiff's deposit account.
77.8 article. After the sworn notary call execute sworn bailiff prepares legislation, which specifies all actions taken and their results. Sworn court bailiffs Act sends a sworn notary that issued a call to make heritage protection. 77.9 article. (1) if the heritage protection activities at the time of the inheritance was appointed patron, protector of the appointment of the sealed or property seized or apķīlāto funds transfer heritage custodian. (2) stamps sworn bailiff removed inheritance the presence of their patron. Removal of a stamp for all related activities sworn bailiff draws up Act. The Act of signing the sworn bailiff invite the persons present. If any of these persons refuse to sign the legislation, sworn bailiff of the Act. Sworn bailiff law submitted a sworn notary that issued a call to make heritage protection. (3) If property transferred to storage, sworn bailiff shall order the custodian to put possessions or estate heritage custodian. (4) Apķīlāto mantojamo of funds as well as funds received for such things, which are perishable, sworn bailiff transferred a protector to the specified bank account. (5) the sworn bailiff repealing inheritance protection features after you have covered with heritage protection expenditure. 77.10 article. (1) the heritage protection-related publications include the Office of bailiff remuneration rates and the heritage protection activities expenditure required. Expenditure is required: 1) expenditure associated with the notice and other documents and delivery; 2) expenditure on the holding and transport of goods; 3) travel expenses getting inheritance protection; 4) pay expert; 5) other heritage protection activities expenditure required. (2) the heritage protection activities expenditure required shall be determined according to the legislation on enforcement action requires expenditure. 77.11 article. Sworn bailiff action, heritage protection, or refusal to perform the following interested parties may appeal to the Court of Justice pursuant to the statutory Civil complaint procedures for sworn bailiff's activities in the enforcement of the judgment. " 8. Replace the words "in article 79 of the law" on value added tax "with the words" the value added tax act ". 9. To supplement the law with article 93.1 as follows: "article 93.1. (1) this law, article 93 of the first subparagraph of paragraph 1 and in the second case referred to from the post prohibited sworn bailiff can connect a sworn bailiff's post with another job (work), if this connection does not pose a conflict of interest is not in conflict with a sworn bailiff, rules of professional conduct do not harm the sworn bailiff profession prestige, does not interfere with sworn court bailiffs from the position and duties arising has received written authorization of the Minister of Justice. (2) a sworn bailiff before the sworn bailiff's Office is connected to another job (work) submitted to the Minister of Justice following written request to allow to connect a sworn bailiff's post with another job (work), the request shall indicate the following: 1) motivation to connect the sworn bailiff's post with another job (work); 2) information about the position (job), with which the sworn bailiff wants to connect a sworn bailiff posts, including such post (work); 3) proof of the first part of this article, the specified criteria; 4) proof that the national authority the information provided is true and that the sworn bailiff has been informed of the criminal penalties for false declarations. (3) the Minister of Justice before the authorization requested the Latvian Council of sworn bailiffs ' Council to give an opinion on the conditions that the Latvian Council of sworn bailiffs ' Council is known which might suggest the first paragraph of this article, the criteria for suspending a sworn bailiff connecting the sworn bailiff's Office with a request in the specified position (job). (4) the Minister of Justice, received the Latvian Council of sworn bailiffs ' Council opinion, taking into account the specified and other information in his possession, the sworn bailiff assesses the posts referred to in the request (work) with this article in the first part, the specified criteria and makes a decision on issuing a permit or refusal to issue a permit for a sworn bailiff's Office with a request to connect the above post (work). (5) the refusal to issue the permit is not an obstacle to the submission of the request, if the first part of the criteria. (6) If, after the decision of the Minister of Justice concerning the authorisation of a sworn bailiff connect sworn bailiff's post with another job (work) date of entry into force, the Minister of Justice acquires knowledge that have changed the legal and factual circumstances that were the basis for the adoption of that decision and following a change of circumstances does not allow further posts, the Minister of Justice shall decide on the position of the connection permissions. If it is necessary for adoption of the decision, the Minister of Justice may ask the Latvian Council of sworn bailiffs ' Council to give an opinion, or found conditions could cause a risk of statutory posts connecting the admissibility criteria. (7) Of this article, the fourth and the sixth part of the decisions taken by the Minister of Justice shall notify the sworn bailiff, sending the decision to his declared address of the place of residence, and shall inform the Latvian Council of Sworn bailiffs. " 10. Express article 141.1 as follows: "article 141.1. (1) charges associated with courts and other institutions in the execution, with the transfer of the person performing the sworn bailiff's deposit account in the Treasury or by transferring cash to the sworn bailiff in Exchange for a receipt for cash. (2) charges associated with other sworn bailiff Office and professional activities of the person carried out by transfer to the sworn bailiff's operating account, or transfer of cash to the sworn bailiff in Exchange for the State revenue service register receipt for cash. " The Parliament adopted the law of 26 November 2015. The President r. vējonis Riga 2015 on 15 December