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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, nr. 20) the following amendments: 1. Replace article 7, the words "Minister of Justice" with the words "Cabinet".
2. Turn off the article 10, first paragraph, the word "preliminary".
3. in article 12: make the first part of paragraph 5 by the following: "5) acquired work experience while working in one of the following posts: a) judge, sworn advocates, sworn notaries, public prosecutor, b) for at least two years — the sworn bailiff's Assistant, c) for at least five years in another legal specialties;";
to turn off the second part.
4. Article 13: adding to paragraph 6, the words "cancelled from the judges, the Prosecutor, the Prosecutor dismissed from helper or Assistant judge posts";
to complement the article, paragraph 9 by the following: "9) which is a suspect or criminal defendants."
5. in article 16: replace the words "sworn bailiff's job applicants tested" with the words "persons who wish to take a sworn bailiff posts, check";
exclude the words "and in coordination with the Latvian Council of Sworn bailiffs."
6. in article 17: make the first paragraph by the following: "(1) the Latvian Council of sworn bailiffs ' Council on the basis of a decision of the Minister of Justice, persons who wish to take a sworn bailiff, sworn bailiff shall hold the exam."
replace the second paragraph, the number "4" with the number "5".
7. Article 18: make the first part as follows: "(1) the Minister of Justice after the Latvian Council of sworn bailiffs ' Council the proposal lays down the composition of the examining Board and the examination questions.";
replace the second part of the number and the word "(article 62)" with a number and the word "(article 70)";
to supplement the article with the third part as follows: "(3) a sworn bailiff exam procedures, minimum amount of knowledge and Exam fee is determined by the Cabinet of Ministers."
8. Replace article 19, first paragraph, the word "applicant" with the words "persons".
9. Express article 20, the first paragraph by the following: "(1) the Minister of Justice shall decide on the sworn bailiff conducting the examination and exam day advertised in a newspaper" journal "for at least a month before the exam."
10. Express article 21 the following: ' article 21. The application that you want to add evidence of citizenship, the State language proficiency, age, education, work experience and a receipt which certifies the payment of money of the exam. Exam not paid the money back. "
11. To supplement the law with article 23.1 as follows: "article 23.1. Sworn bailiff's job applicants are persons who have passed the sworn bailiff Exo menu and a sworn bailiff exam certificates have not expired. This person registration is carried out by the Minister of Justice. "
12. Express article 24, second subparagraph by the following: "(2) the Latvian Council of sworn bailiffs ' Council, two weeks after the first paragraph of this article in the notification of the Minister of Justice may submit a proposal for a sworn bailiff's relocation to vacant posts. If such a proposal is filed, the Minister of Justice shall send the invitation to applicants to apply for this position. "
13. Express article 25 and 26 as follows: "article 25. (1) the applicant shall present the Latvian Council of sworn bailiffs ' Council submission and documents proving his fitness for this law, the requirements of article 12, as well as the fact that the admission of the applicant sworn bailiff count does not have any of this law, article 13 – paragraph 9 referred to the barriers.
(2) the applicant shall present the Latvian Council of sworn bailiffs ' Council reviews of their professional activities, as well as a valid sworn bailiff exam certificate.
(3) if the vacant sworn bailiff posts logged an applicant whose occupation is incompatible with the duties of the bailiff, he is allowed to swear only after the applicant terminated the occupation listed.
26. article. The list of applicants who have submitted the necessary documents for admission a sworn bailiff, the Latvian Council of sworn bailiffs ' Council post their premises and forwarded to the President of the District Court concerned after vacant home in the circuit with the invitation two weeks to provide feedback on these applicants. "
14. Make the article 29 the last sentence of the second paragraph the following wording: "the sworn bailiff posts and posts signs the form and procedure of use is determined by the Cabinet of Ministers."
15. off article 30, the words "or the application of disciplinary measure".
16. Supplement article 31 after the word "courts" with the words "the relevant State revenue service regional Department".
17. off article 34 the words "sworn bailiff candidates".
18. Supplement article 35, second subparagraph with the sentence the following wording: "a Sworn bailiff is obliged at least 10 days before the individual insurance contract deadline to submit to the Latvian Council of sworn bailiffs ' Council for the next term of the individual insurance contract copy."
19. Article 36: adding to the article after the word "responsibilities" with the word "immediately";
replace the words "amendments" with the words "amendments in the insurance contract concluded".
20. Article 38: to supplement the first sentence with the following: "a Sworn bailiff is obliged, within seven days after the date on which the payment of insurance premiums to be made, to submit to the Latvian Council of sworn bailiffs ' Council a copy of the payment order. ';
to complement the second paragraph after the word "Treaty" with the words "do not meet the requirements of the laws or".
21. Article 39: replace the first paragraph, the words "in the performance of official duties" with the words "in their professional activities";
replace the second paragraph, the words "Office action" with the words "occupation";
turn off third and fourth.
22. in article 41: replace the words "in the exercise of the Court of Justice and other institutions Awards" with the words "through the post activities";
adding to the article after the word "information" with the words "motivated".
23. Article 48 of the expression by the following: ' article 48. The performance of official duties, sworn bailiff pursuant to the operation of the post to explain to the parties their rights and obligations of the parties ' procedural rights in good faith implementation. "
24. the express 54. article as follows: "article 52. (1) the sworn bailiff, his assistant and an employee will not be divulged to any third party details of drafted provisions and the Office activities, as well as news, which obtained the sworn bailiff's professional activities. This rule is also valid after they have left their posts.
(2) news on compiled and posts transactions to be made in the procedure prescribed by law: 1) to the Court, the Prosecutor and the investigating authorities, in connection with the exercise of the Office;
2) other public authorities or officials, as well as individuals, with the consent of all parties or with the district (City) Court's written authorization of the President.
(3) a sworn bailiff News provides, on the basis of the person's written request that indicates the amount of information required and justified the need for the message.
(4) a sworn bailiff deposit and document books, run things, as well as individual documents (including documents, drawn up by this law, in article 74 and 75 steps) must not be issued outside practice rooms, except for the fifth subparagraph of this article, the specific case.
(5) If a initiated criminal proceedings, its expertise in criminal matters on the basis of the decision of the promoters, the process can remove the sworn bailiff of the documents from his file, instead leaving the sworn bailiff certified transcripts. After the inspection takes place, or the trial court removed documents immediately returned back to the jury bailiff.
(6) following the request of the promoters of the criminal proceedings or disciplinary proceedings within the Minister of Justice or the Latvian Council of sworn bailiffs authorized the Council's representative for the sworn bailiff is obliged to issue certified copies of documents from his records to existing things, deposit and document books. This provision shall also apply to those sworn bailiff drawn up documents and lists, which are stored in electronic form. "
25. Make third chapter of title V "sworn bailiff disciplinary responsibility" as follows: "article 53. (1) the Minister of Justice may initiate disciplinary proceedings against the sworn bailiff of judge or Prosecutor by the proposal, as well as a personal complaint or on his own initiative on a sworn bailiff action regulatory legislation.
(2) at the initiation of disciplinary proceedings the Minister of Justice has the right to censure the sworn bailiff of his actions until the disciplinary proceedings for decision.

54. article. (1) the Latvian Council of sworn bailiffs ' Council may initiate disciplinary proceedings against the sworn bailiff of judge or Prosecutor by the proposal, as well as by the personal complaints or on its own initiative regarding: 1) the Latvian Council of sworn bailiffs of the statutes of the College;
2) infringements of the rules of professional conduct;
3) the Latvian Council of sworn bailiffs methodology approved by the Council;
4) with a sworn bailiff action related internal legislation.
(2) the Latvian Council of sworn bailiffs ' Council on the first paragraph of this article of the infringements is right to explain to the jury bailiff in his action.
(3) the proposed disciplinary material seven days sends the Minister of Justice with the request to put it before the disciplinary Commission.
(4) the disciplinary materials forwarded to the Minister of Justice, the Latvian Council of sworn bailiffs ' Council is entitled to ask the Justice Minister to censure the sworn bailiff of his actions until the disciplinary proceedings for decision.
55. article. If the bailiff acquired the rights of the defence in criminal proceedings for the criminal offence committed intentionally (intentionally), the question of the sworn bailiff to disciplinary action may be considered after the entry into force of a legitimate court order, a court bailiff sworn in recognition of unlawful activity.
Article 56. (1) the Minister of Justice, his authorized person or the Latvian Council of sworn bailiffs ' Council before initiating disciplinary proceedings required from a sworn bailiff written explanations.
(2) a Sworn bailiff is obliged to provide written explanations within 15 days from the receipt of the request for explanation.
(3) the Minister of Justice or the Latvian Council of sworn bailiffs ' Council within 15 days of the sworn bailiff of receipt of the written explanation shall decide the question of disciplinary action.
57. article. If a person has submitted a complaint to the Court in civil procedure law, article 632 issue of the sworn bailiff subject to disciplinary action after legal entry into force of the court order on the sworn bailiff concerned the recognition of unlawful activity.
58. article. (1) the courts, prosecution and investigative authorities shall notify the Minister of Justice on all things proposed in connection with sworn court bailiffs as well as send him these cases given the ruling of the transcripts.
(2) a sworn bailiff action of procedural decisions or abolition cannot in itself be the basis of a sworn bailiff disciplinary liability, unless this is not a bailiff made a deliberate breach of the Act or gross negligence.
Article 59. (1) the Minister of Justice or the Latvian Council of sworn bailiffs ' Council proposed disciplinary material, the Minister of Justice referred to the disciplinary Commission.
(2) the Ministry of Justice provides the disciplinary Commission's work.
60. article. (1) Disciplinary Commission, approved by the Minister of Justice, are: 1) two representatives of the Ministry of Justice;
2) two sworn bailiff general meeting elected representatives;
3) one of the President of the Supreme Court appointed judge of the Supreme Court.
(2) the disciplinary Commission President is the representative of the Ministry of Justice.
(3) the disciplinary Commission shall be appointed for a term of two years.
(4) Disciplinary Commission representatives can confirm the disciplinary Commission shall consist of no more than two terms in a row.
61. article. (1) Disciplinary Commission are valid if they participate in the hearing, more than half of the members.
(2) Disciplinary Commission hearing is recorded. The minutes shall be signed by the Chairman of the Commission and Registrar. The original of the Protocol in the Ministry of Justice.
(3) the disciplinary Commission shall take its decisions by a simple majority. If the votes are divided into equal, the Chairman shall have a casting vote. If any of the members of the disciplinary Commission has different thoughts, they recorded in.
(4) the disciplinary Commission's decision to sign a disciplinary Commission President.
62. article. (1) examining the disciplinary proceedings, the disciplinary Commission has the right to invite a sworn bailiff for the provision of hearing or, if necessary, to provide written explanations.
(2) if the sworn bailiff disciplinary proceedings within the time limit fixed by the Commission did not provide written explanations or appear to a disciplinary Commission hearing, without justification, of the disciplinary Commission shall take a decision based on the circumstances of the case and the information in its possession.
Article 63. The disciplinary Commission, the disciplinary proceedings have the right to: 1) also hear other people's comments and ask any expert opinions, request information and documents from State and local government institutions, as well as from other private legal entities and their officials;
2) call upon the Latvian Council of sworn bailiffs ' Council representative or the representative of the district (municipal) Court or District Court, whose activities in the area practicing sworn bailiff, which is assessed;
3) ask the Latvian Council of sworn bailiffs ' Council to take the sworn bailiff professional check.
64. article. If the disciplinary procedures of the disciplinary Commission, it appears that an offence for which the signs sworn bailiff's action has brought disciplinary proceedings, is incompatible with the sworn bailiff, exercise of the disciplinary Commission may seek to impeach the Minister of justice a sworn bailiff of his actions until the hearing.
Article 65. The disciplinary Commission within two months from the date on which the Minister of Justice decides on the disciplinary action or the Ministry of Justice has received the Latvian Council of sworn bailiffs ' Council decision on disciplinary proceedings, adopt the following decision: 1) impose a sworn bailiff one of this law, article 66, first paragraph, the disciplinary measures envisaged;
2) propose to the Minister of Justice that the sworn bailiff be reversed from the post;
3) to end the disciplinary procedure.
66. article. (1) the disciplinary Commission has the power to impose a sworn bailiff one of the following disciplinary measures: 1) comment;
2) rebuke;
3) impose a fine of 100 to 1000 lats.
(2) the Minister of justice within two weeks of receipt of the decision of the disciplinary Commission of the days is entitled to impose a disciplinary penalty for the sworn bailiff, the abolition of the post or announce disciplinary Commission that its proposed disciplinary action is transparent.
(3) the Minister of Justice in the disciplinary action referred to in the second subparagraph may be applied on the basis of the disciplinary Commission decision: 1) for deliberate infringement of the legislation that caused significant effects;
2) if the first part of this article 2 and 3 referred to disciplinary action is imposed again during the year;
3) if sworn bailiff does not meet the first part of this article, paragraph 3 of the disciplinary measure imposed.
(4) a Sworn bailiff, which is imposed on the first paragraph of this article, paragraph 3 provided for disciplinary action, is obliged, within three months from the date of adoption of the decision to pay a fine of the Latvian Council of sworn bailiffs ' Council account.
(5) the disciplinary Commission for a sworn bailiff, which is imposed on the first paragraph of this article, paragraph 3 provided for disciplinary action, at the reasoned request of him may decide to fine the pay suspension up to a particular date, or within the Division.
Article 67. (1) disciplinary proceedings is not being and will not do the disciplinary actions, if the last two years from the infringement.
(2) article 57 of this law in case of disciplinary actions barred many from the date of the entry into force of the legislative judgment.
68. article. The disciplinary Commission or the decision of the Minister of Justice disciplinary termination of suspension or disciplinary proceedings shall notify the complainant, the Latvian Council of sworn bailiffs and sworn of the Council bailiff.
Article 69. The disciplinary Commission or the Minister of Justice's decision on the imposition of disciplinary measures disciplinary punished the sworn bailiff may appeal to the district administrative court within 30 days from the date of notification of the decision. The Justice Minister's decision on the abolition of the jury bailiff shall not suspend the appeal of this decision.
70. article. If the sworn bailiff for two years from the date of imposition of disciplinary actions are imposed disciplinary action on the sworn bailiff action regulatory non-compliance with the law, the Minister of Justice during the six months since the date of the disciplinary measure of suspension order on the sworn bailiff background checks. "
26. To replace the words "in article 72 (legal address)" with the words "or legal address" and the words "(legal address)" with the words "legal address".
27. Add to article 73, the first part of paragraph 9 by the following:

"9) on international enforcement of the sanctions imposed."
28. Article 75: turn in paragraph 2, the words "as well as other sworn bailiff action projects related documents";
3. turn off the point.
29. Replace article 88(2), second subparagraph, the word "performance" by the word "may".
30. Article 92: make the first part of paragraph 1 by the following: "1) within the time limits laid down in this law who has not announced the conclusion of the insurance contract (article 35);";
make the first part of paragraph 3 as follows: "that resulted from this law, article 13. — paragraph 8 contains obstacles posts;";
to supplement the article with the second part as follows: "(2) the Minister of Justice's decision on the abolition of the jury bailiff shall not suspend the appeal of this decision. ';
believe the current text of the first part of the article.
31. Article 93 of the expression as follows: "article 93. (1) the Minister of justice a sworn bailiff can be suspended from Office activities, if: 1) the sworn bailiff is a suspect or accused in criminal proceedings and his dismissal may not harm the public or third parties ' reasonable interests;
2) he sworn bailiff has proposed disciplinary and sworn bailiff without removal may harm the public or third parties ' reasonable interests;
3) stopped the action or the insurance contract within the time limits laid down in this law, the sworn bailiff does not submit the Latvian Council of sworn bailiffs ' Council a copy of the payment order certifying that the individual is made for the payment of insurance premiums;
4) found that the insurance contract does not include the legal minimum conditions laid down.
(2) the Minister of Justice suspended the sworn bailiff of the Office activities, if the jury bailiff in accordance with the procedure laid down in the law suitable for occupation.
(3) the Minister of Justice's decision on the dismissal of the jury bailiff shall not suspend the appeal of this decision. "
32. Replace article 94, second paragraph, the words "persons laid down" with the words "a certain person".
33. Article 97 of the expression as follows: "article 97. (1) for the certified bailiff's Assistant may not be what the article 13 of the law 2-9. the persons referred to in paragraph 1. Sworn bailiff's Assistant is a atstādinām from the exercise of functions in accordance with article 53 of this law, the provisions of part two.
(2) the Minister of Justice may release the sworn bailiff's Assistant, if: 1) the sworn bailiff's Assistant asked him to be released from the duties of the position;
2) timed one of this law, article 13 (2): 9. the cases provided for in paragraph 1;
3) sworn bailiff's Assistant, terminated the employment relationship with a sworn bailiff.
(3) a Sworn bailiff, who terminates the employment relationship with a sworn bailiff's Assistant, is obliged, within three days from the termination date to notify in writing the Minister of Justice. "
Article: 34.98 to express the second subparagraph by the following: "(2) a sworn bailiff's Assistant after this law provided for in article 100 of the examination approved by the Minister of Justice receives a sworn bailiff mate's license and give promise to honestly and conscientiously fulfill your duties.";
turn off third.
35. in section X: to turn off the title, the words "and the sworn bailiff candidates";
to turn off the second chapter of "the sworn bailiff candidates".
36. Supplement article 118 in the first part of the sentence the following wording: "the Minister of Justice has the right to the Latvian Council of sworn bailiffs ' Council to propose the need to convene a general meeting of sworn bailiffs."
Article: 37.119 turn off paragraph 1;
Add to paragraph 2, after the word "Commission" with the words "as well as two members of the disciplinary Commission."
Article: 38.126 supplement the article with the second part as follows: "(2) the Latvian Council of sworn bailiffs ' Council is seven members.";
believe the current text of the first part of the article.
Article: 39.127 off point 5;
make point 7 by the following: ' 7) monitor the sworn bailiff and sworn Bailiff Assistant activities, competences, look for them received complaints and submissions, in the cases specified in this Act proposes disciplinary proceedings; "
make paragraph 10 by the following: ' 10) the request of the President after the District Court, on its own initiative or at the request of the Commission of the disciplinary designate sworn bailiff or the Latvian Council of sworn bailiffs ' Council employees sworn bailiff's professional activities; ".
40. Replace article 129, second paragraph, the words "Office of the members of the Council" with the words "the obligation of the members of the Council".
41. Article 135 of the excluded third.
42. Supplement article 138 with words and figure "exception in article 99 of this law, the third and fourth cases referred to".
148. Article 43. off.
44. Article 149 of the expression as follows: "article 149. On timely and correct entries in the deposit amount on the accounting books, the relevant document filling and storage as well as on the compliance of credit institutions records deposit account statement is responsible for the sworn bailiff. "
45. Article 151 off.
46. the supplement 163. article after "regulations and" with the word "Latvia".
47. transitional provisions: exclude paragraph 6;
Add to transitional provisions with paragraph 16-19 by the following: "4. The Minister of justice until 31 July 2006 to decide on the sworn bailiff conducting the examination of those sworn bailiff alternates that meet the following criteria: 1) until 1 January 2005 to successfully learn the law in an approved College;
2) until 1 January 2005 are not suitable for more than one disciplinary penalty.
17. The sworn bailiff imitations, which takes that the transitional provisions referred to in paragraph 16 of the exam, the Minister of Justice shall appoint a sworn bailiff. They sworn bailiff substitutes that do not meet these criteria, without applying for the exam or pass it, are repealed from the sworn bailiff substitute position and qualify for a sworn bailiff posts in General.
18. The rules referred to in point 16 of the Exo-is carried out in accordance with the bailiff on the examination of the provisions of the Act.
19. Article 73 of this law in the first part of paragraph 9, which lays down the obligation for the bailiff to execute the rulings on international enforcement of the sanctions imposed, shall enter into force on 1 January 2007. "
Transitional provisions with the entry into force of this Act shall terminate the constitutional order of article 81 taken by the Cabinet of Ministers Regulations No. 611 "amendments to the law on bailiffs" (Latvian Saeima and the Cabinet of Ministers rapporteur, 2005, nr. 21).
The law adopted by the Parliament in December 2005 on 22 December.
State v. President Vaira Vīķe-Freiberga in Riga in 2006 on January 3 editorial comment: the law shall enter into force on 17 January 2006.