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Amendments To The Civil Procedure Act

Original Language Title: Grozījumi Civilprocesa likumā

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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., no. 20) follows: 1. Article 34: replace the first subparagraph of paragraph 8, the word "arbitration" with the words "Permanent Arbitration";
Add to paragraph 2, the second subparagraph of point "d" as follows: "(d)) or contractual wills heirs, if they are public benefit organisations, — 3 percent of inheritable property values."
2. Supplement article 85 in the first part of the sentence as follows: "the representative of the organisation in court may make oral application, and shall record the minutes of the hearing."
3. Express 193 article sixth as follows: "(6) indicates the operative part of the Court ruling on the requirement to complete or partial satisfaction or for its total or partial refusal and the substance of the judgment. In addition, specify who and how much to pay costs, voluntary deadline, if the Court has determined, as well as the time limit for appeals against the judgment and order. "
4. Supplement article 204.1 of the law with the following: "article 204.1. Judgment enforcement is voluntary (1) Make a judgement about the amounts of money, for the return of the property in kind, the person and property of the eviction from the premises and for the recovery of costs, the Court shall fix a time limit for voluntary execution of the judgment, unless the judgment is enforceable immediately.
(2) a judgment of voluntary deadline must not be longer than 10 days from the date of entry into force of the judgment. "
5. Express 486. article as follows: "486. article. The establishment of the Arbitration Board (1) the Tribunal may establish specific dispute resolution. The Tribunal may also act consistently.
(2) the Permanent Court of arbitration operates on the basis of the rules of procedure of the Court of arbitration of certain disputes but disputes are established in this law.
(3) the permanent arbitration may create one or more legal persons. Permanent Court of arbitration in the operation launched after the registration in the registry of the Tribunal. The Tribunal registry the registry of companies will take. For the record, the Tribunal registry to pay State fees, payment procedures and relief shall be determined by the Cabinet of Ministers.
(4) the arbitration tribunal established in the register, the founders of the Arbitration Board shall submit to the Registrar of companies the arbitration rules of procedure and other documents in accordance with the regulations on the registration of the arbitral procedure.
(5) the name of the permanent arbitration may not be the same as the already registered in the registry of the Tribunal or of the registration of a name as well as the Tribunal must not contain misleading news on arbitration activity important circumstances. To arbitration under the commercial name of the particular brand of choice.
(6) the dispute resolution to arbitration is not a commercial activity. "
6. To supplement the law with article 486.1 as follows: "486.1 article. The arbitration rules of procedure (1) the rules of procedure of the standing arbitration: 1) the name of the Tribunal. In addition to the name of the Latvian language in the arbitration rules, you can specify the arbitration nosa-Kuma also in one or more foreign languages;
2 appointment of the arbitrators), decline, and termination of an order;
3) order in which the arbitrators signature on which ruling;
4) preparation of the arbitration proceedings;
5 dispute settlement procedures), procedural time limits, the renewal or extension of the order of the counterclaim, the postponement of the resolution of the dispute, the arbitration procedure for the suspension and other procedural issues;
6) the name of the founder (firm);
7) other provisions not inconsistent with the law.
(2) if the amended rules of procedure, the Registrar of companies shall submit the amended text, as well as the full text of the rules of procedure of the new version. Amendment of the rules of procedure of acquiring legal force after their registration. "
7. Make the following article 487: "487. article. Arbitration disputes settled by arbitration may refer to any of the settlement of civil disputes, with the exception of the dispute: 1) in the event of which might offend the rights of a person or the law protected interests, which is not a party to the arbitration agreement;
2) in which one side is the State or local authorities or by arbitration award can be affected by national or local authorities;
3) associated with the amendment in the register of births, deaths and marriages;
4 in custody or guardianship) of the people's rights and obligations or statutory protected interests;
5) on the right of establishment, modification or termination in respect of immovable property, if the dispute is a person who by law are limited to the right to get the real thing, owned or in use;
6) about the person posting from living quarters;
7) between the employee and the employer, if the dispute has arisen, conclude, altering, removing or performance of a contract of employment, as well as in applying or interpreting laws and regulations, collective agreements or work rules (individual labour disputes);
8 persons) on their rights and responsibilities, which until the adoption of the arbitration award has been declared insolvent. "
8. Supplement article 3.491. with the point as follows: "3) another private entity."
9. Express 499. the third part as follows: "(3) if the parties agreed upon the submission of the dispute to the arbitration for the resolution of the standing but not agreed on the appointment of the arbitrators, arbitrator shall be appointed in accordance with the rules of procedure of the arbitration, subject to the equality of the parties."
10. Add to article 507 of the with a third part as follows: "(3) the procedural terms Permanent Tribunal restores or extended in accordance with the procedure laid down in its rules of procedure."
11. Put the following in article 515: "515. article. A reference to a claim (1) the reference to the claim, the defendant shall submit to the parties or arbitration deadline. Reviewers submission deadline may not be less than 15 days from the date of the application.
(2) reference: 1), the defendant or he acknowledges the claim or any part thereof;
2) your objections to the claim and the reasons for them;
3) evidence confirming his opposition to the requirement and the reasons for, as well as the law on which they are based;
4) requests for acceptance or taking of evidence;
5) other circumstances that he considers important case. "
12. in article 518: Add to the second part of the sentence as follows: "notice of the first meeting of the Tribunal shall forward to the parties no later than 15 days before the hearing, unless the parties agree to a shorter period.";
to supplement the article with the fourth paragraph as follows: "(4) the Permanent Court of arbitration in the form prescribed in the rules of procedure, may adopt a decision on the postponement of the resolution of the dispute and other issues, not to adjudicate on the merits."
13. Express 521. the fourth paragraph of article as follows: "(4) the Tribunal shall determine the admissibility of evidence itself and relevance."
14. Express 522. the first paragraph by the following: "(1) If the arbitration agreement provides otherwise, the arbitral tribunal may, at the request of either party to determine the expertise, to invite one or more experts. Inspection takes place only when the party previously paid for expert services. "
15. off 523. article.
16. Put 526. the second and third subparagraphs by the following: "(2) the Protocol of arbitration appointed Secretary.
(3) the minutes shall be signed by all arbitrators and the Secretary. The Parties shall be entitled to inspect the minutes and five days after signing it to submit written comments or objections about the Protocol. On the merits of the objections or compliance notes arbitration hearing to decide arbitration have taken place. "
17. Make 527. the first paragraph by the following: "(1) If the dispute is settled by a standing arbitral tribunal, documents the process 10 years after the completion of the proceedings remain in storage in arbitration. Tribunal documents stored in the archives of the storage specified in the law. "
18. Make 529. the third part as follows: "(3) at the request of the parties, the arbitral tribunal, in its decision approving the settlement, if it is not in conflict with the law. Such a decision shall have the same legal force as the arbitration judgment. "
19. Add to 530. the third paragraph of article with the sentence the following wording: "in the case of written procedure, the Tribunal shall send a copy of the judgment to the parties within three days."
20.533. Article: make the first part of the second sentence as follows: "for Voluntary enforcement of the judgment shall fix a time limit which is not less than five days. ';
make the second paragraph as follows: "(2) If the permanent arbitration award is enforceable in Latvia and voluntarily are not met, the interested party may apply to the district (municipal) Court of arbitration of the permanent location with the application for the issuance of the Executive writes the permanent arbitration ruling enforcement."
21. the express article 534 as follows:

"article 534. The application of permanent arbitration ruling enforcement (1) the application for the issuance of the Executive article add: 1) permanent arbitration award;
2) document stating the parties ' written agreement on referral of the dispute to arbitration, or notarized copies of it;
3) transcripts according to the overall number of parties;
4) document on State duty payment;
5) certificate to show natural persons declared place of residence.
(2) the document shall be submitted in an official language or with the notarized translation into the national language.
(3) the arbitration award by the standing of the party, you can give back, replacing it with a certified true copy. "
22. To supplement the law with article 534.1 as follows: "article 534.1. Send the application to the parties (1) when the Court received an application for the issue of the Executive article, immediately forward the application to the other parties registered post, with a written explanation of the submission deadline, which is not less than 10 days and not more than 15 days from the date of dispatch of the application.
(2) an explanation of the parties: 1) or he acknowledges the application in whole or in any part thereof;
2) its opposition to the application and the reasons for them;
3) evidence confirming his objections and the reasons for, as well as the law on which they are based;
4) requests for acceptance or taking of evidence;
5) other circumstances that he considers important in the examination of the application.
(3) the parties to add an explanation for it, according to a copy of the other party.
(4) After receiving the explanation, the judge shall immediately send a duplicate of the other parties.
(5) the failure of the explanatory memorandum is not an obstacle to the execution of the application for the issue of the article for review. "
23. Make 535. the first paragraph by the following: "(1) the decision regarding the issue or of the refusal to issue a reasoned it takes a judge to the basis of the documents submitted, without inviting the parties, within 10 days from the date of expiry of the explanation, but, if the explanation sent other parties, within 10 days from the date of dispatch of the explanation. When deciding on the issue of the Executive article, the judge shall decide the question whether the State refunded the fee for the issue of the Executive. "
24. Make 536 and 537. following article: "536. article. The issue of the refusal of the Executive article based judge denied issuing the Executive article: 1) the dispute in question can only be settled by the Court;
2) of the arbitration agreement concluded by the incapacitated person;
3) arbitration agreement in accordance with the procedure prescribed by law is repealed or declared void;
4) party was not duly notified of the arbitral proceedings or other reasons, it could not submit his explanation and this significantly affected the arbitration process;
5) party was not duly notified of the appointment of the arbitrators, and this significantly affected the arbitration process;
6), the Tribunal was not created or the arbitration process does not take place in accordance with the arbitration agreement or this law, the provisions of part D;
7) arbitration award was made on the dispute, which is not provided for in the arbitration agreement or which does not comply with the provisions of the arbitration agreement, or it is the settlement of issues that do not involve the arbitration agreement. In this case, the execution can be issued at the written arbitration award, which corresponds to the arbitration agreement, if one can be separated from the issues that not covered by the arbitration agreement.
537. article. Implementation of the consequences of any refusal to grant after the decision on the refusal to issue a performance article entered into force: 1 May to settle judicial disputes) in General, if an article rejected to issue to this law 536 article 1, 2, 3 and 7;
2) dispute may refer the dispute to arbitration, if the Executive refused to issue to the articles of this Law Article 536, paragraphs 5 and 6. "
25. Make 539. the first paragraph of article 6 paragraph 5 by the following: "5); the standing arbitration award".
26. Replace paragraph 1 of article 540 of the word "arbitration" with the words "Permanent Arbitration".
27. Express 541. the second, third and fourth subparagraph by the following: "(2) If the execution of the judgments of the Court are defined in the voluntary and due the judgment not satisfied, execution of the statement of the Court article after voluntary deadline.
(3) the Executive shall be issued to the collection agency articles she's written request, the Basic Court in which the case is located at that time.
(4) where, in accordance with the judgment of the Court of the amount of money the State income recovered, the Court shall determine the implementing voluntary termination of implementation of article sent to the bailiff of the debtor — natural persons — residence or legal person location (legal address). "
28. the transitional provisions be supplemented with 20, 21, 22, 23, 24 and 25 of the following paragraph: "the law 20.486. the new version of the article that defines the arbitration procedures, and the creation of 486.1 article shall enter into force on 1 April 2005.
21. The Tribunal, which was created and for which the establishment of Justice announced to the three Minis-March 31, 2005, no later than 15 august 2005 to submit the application to the Registrar of companies for registration of arbitration pursuant to this law and other laws.
22. The Ministry of Justice to the 2005 20 October published the newspaper "Latvian journal" its arbitration, which by 2005 and 30 September 2004, is not registered in the registry of the Tribunal.
23. If the parties have agreed on the transfer of dispute resolution and arbitration at the permanent arbitral tribunal this is not registered in accordance with the procedure prescribed by law to 2005 30 September or ceased their activities, the Parties shall agree on the dispute settlement service of another arbitration. If no agreement is reached, the dispute is pending before a court.
24. The newly created arbitration name clearly and definitely to be different from the Ministry of Justice Tribunal in the list of names. Prior rights on the name in the register of the arbitration tribunal arbitration, which is the first of that name is in the list of the Ministry of Justice.
25. If until 10 March 2005 has started arbitration proceedings to this law, Article 487 and disputes referred to in paragraph 7 (by the person posting from the living quarters and individual labour dispute), resolution f applicable arbitration. "
The law shall enter into force on 10 March 2005.
The Parliament adopted the law on 17 February 2005.
State v. President Vaira Vīķe-Freiberga in Riga on 9 March 2005, an editorial added: the law shall enter into force on 10 March 2005.