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Influence Of Features Of Coercive Enforcement Act

Original Language Title: Piespiedu ietekmēšanas līdzekļu izpildes likums

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The Saeima has adopted and the President promulgated the following laws: the forced influence means Enforcement Act Chapter I. General provisions article 1. The scope of the law this law specifies criminal law forced out in order to influence the means and competence of the public authorities to influence the means of forced execution.
2. article. Forced execution of funds to influence a basic foundation of forced execution of means of coercion is lawful in the entry into force of the judgment of the Court of Justice.
3. article. Forced execution of the means to influence the implementation of coercive influence features: 1) the insolvency practitioner-salvage;
2) court bailiffs — rights, confiscation of property, money, damages.
Chapter II. Article 4 execution of liquidation. Judgment on liquidation after the release of the final judgment of the Court, which applied the legal entity, send a copy of the judgment of the authority which has registered the register of legal persons, and the record of the Court after jurisdiction, insolvency proceedings.
5. article. The winding-up order execution of the liquidation, the law "on corporate insolvency and companies" and the rules of civil procedure law, if the law does not provide otherwise.
6. article. Insolvency proceedings (1) the Court of justice by this law in the judgment referred to in article 4 in the case of insolvency of the receiving proposes.
(2) If the criminal is arrested for property, the Court proposes the insolvency proceedings, decides the issue of credit institutions of the debtor's existing funds in the accounts, he holds in publicly traded securities and asset seizure.
7. article. The Declaration of a legal person insolvent (1) lawful entry into force of the judgment of the Court of Justice on the application of the liquidation, the legal person is the basis for the Declaration of a legal person insolvent.
(2) on the day when the insolvency came into effect shall be the date of commencement of criminal proceedings.
8. article. Remove a property seizure, Arrest the criminal framework imposed on the legal person's property, at the request of the insolvency practitioner shall abolish the court hearing to pay disability case.
9. article. Implementing a creditors ' meeting (1) If in proceedings before the Court opened in the vendor login expiration are not logged no creditor, the statutory powers of the creditors ' meeting shall exercise the State Agency "insolvency administration" (further – the Agency).
(2) on the first paragraph of this article, the conditions the insolvency practitioner shall inform the Agency immediately. The Agency authorizes the representative powers of the creditors ' meeting.
10. article. Situation of the insolvency application of liquidation, the only solution is a State of insolvency bankruptcy.
11. article. Termination of the insolvency proceedings, applying only to the termination of the insolvency proceedings is complete bankruptcy. The termination of the insolvency proceedings on the basis of any of the law "on insolvency of undertakings and companies" specified circumstances.
12. article. Employee satisfaction of claims (1) the application of liquidation, liquidation of legal person of the employee claims satisfy the employer's insolvency laws governing.
(2) the assets of the legal person or the employee claims guarantee fund given the insolvency process does not cover the claims of the employees concerned, in the framework of a criminal convicted of a criminal offence and acted as a concerned individual or legal person of the collegiate members of the institution, on the basis of the right of representation of the legal person, to act on its behalf or make decisions on behalf of the legal person, or implemented controls within the legal person; or were the legal person's services.
13. article. The satisfaction of claims of creditors (1) application of liquidation, liquidation of legal persons satisfying the claims of creditors in insolvency proceedings regulatory laws.
(2) the assets of the legal person concerned receiver features process does not cover the claims of creditors, who under the relevant criminal convicted of committing a criminal offence and acted as a concerned individual or legal person of the collegiate members of the institution, on the basis of the right of representation of the legal person, to act on its behalf or make decisions on behalf of the legal person, or having control of a legal person, or the legal person of the former service.
14. article. With the remaining funds funds remaining after the costs of insolvency administration and liquidation of legal persons debt settlement, administrator of the national contribution to general revenue.
15. article. Notification of enforcement of the insolvency administrator for enforcement shall immediately notify the Court that delivered the judgment in criminal proceedings by sending a court decision on the completion of the bankruptcy proceedings and termination of the insolvency proceedings and the decision of the register of legal entities off from the register.
Chapter III. Enforcement of Rights article 16. Judgment about the restriction after the release of the final judgment of the Court of first instance shall send to the implementation of the article on the person in the appropriate legal rights the court bailiff for legal persons, the legal address.
Article 17. Disqualification order (1) the court bailiff after this law enforcement referred to in article 16 of the receiving institution shall provide the order to take specific actions implementing the limit set in article. The institution concerned shall notify the bailiff about his order, as well as control or judgment will be executed throughout the execution of coercive influence.
(2) for the specified disqualifications during the execution of the Court found the law limit infringement the institution concerned shall notify the bailiff.
(3) the court bailiff after the second part of the receipt of the notification referred to in the Act in accordance with the law of the bailiff.
(4) after the expiry of the restrictions laid down in the relevant institution shall notify the bailiff on his orders.
(5) the bailiff for execution of the judgment shall immediately notify the Court that delivered the judgment.
Chapter IV. Execution of confiscation of property article 18. The verdict on seizure of property after the release of the final judgment of the Court of first instance shall send to the implementation of the article on the legal person and the confiscation of property of the appropriate protocol on seizure of property a copy of the bailiff at the property location and at the same time inform the registry office, which registered legal entities and financial institutions.
19. article. The activities of bailiffs, enforcement of property seizure by a bailiff at the law enforcement referred to in article 18 article and the date of receipt of the copy of the Protocol immediately checks the Protocol on seizure of property the specified amount of possessions and property, as well as seize property subject to confiscation.
20. article. Forfeited property is Forfeited property that is specified in the judgment of the Court of Justice and the inclusion in the Protocol of seizure of property as a legal entity owned property.
21. article. Confiscation of property confiscation for the implementation by the Executive, the bailiff shall exercise legal person property which remained after the execution of the judgment and cover all of their recovery, which came before the legal person's property seizures imposed pre-trial investigation authorities or the Court.
22. article. Notification of enforcement is the bailiff on the enforcement of the judgment shall immediately notify the Court that delivered the judgment.
Chapter v. Pecuniary damages and enforcement of article 23. Judgment for recovery of money damages and release after entry into the final, the Court of first instance shall send to the implementation of the article on the legal person or the appropriate recovery of money damages to the bailiff by legal entities legal addresses.
24. article. Pecuniary damage and reimbursement arrangements pecuniary performance or damages occur in the law of civil procedure.
The Parliament adopted the law of 8 June 2006.
 
State v. President Vaira Vīķe-Freiberga in Riga on 27 June 2006 Editorial Note: the law shall enter into force on 11 July 2006.