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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, No 23) follows: 1. Replace article 12, first paragraph, point 4 of the "a" section, the words "University College" type with the words "at the accredited courses in learning".
2. Express article 20, the first paragraph by the following: "(1) the sworn bailiff's examination day by the Minister of Justice issued the newspaper" Latvian journal "at least a month before the exam."
3. Replace article 22, the words "the Council" with the words "the Council at least five days prior to exam tells".
4. Turn off the article 34 the words "replacing the sworn bailiff".
5. Make the article 37 the third paragraph as follows: "(3) the minimum sum insured individual and group insurance contract, as well as the insurance agreement minimum rules after proposal by the Ministry of Justice, which agreed with the Latvian Council of Sworn bailiffs are determined by the Cabinet of Ministers."
6. To supplement the law with article 54.1 of the following: ' article 54.1. 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 action recognition illegal. "
7. Supplement article 55, after the words "as well as sent to the Latvian Council of sworn bailiffs ' Council" with the words "and the Minister of Justice".
8. Article 58 of the following expressions: "article 58. The Latvian Council of sworn bailiffs in the disciplinary decisions taken by the Council within seven days of its adoption, and the Minister of Justice sent a sworn bailiff, for which the proposed disciplinary action. "
9. Express article 60 the following: ' article 60. The Latvian Council of sworn bailiffs ' Council decision of the disciplinary procedure shall enter into force, if the Minister of justice within one month from the date of the Council decision not to declare the sworn bailiff: 1) proposed in the disciplinary decision will be reviewed;
2) proposed disciplinary procedure has ended. "
10. Article 65: Supplement to the second part of the article as follows: "(2) in article 54.1 of this law in case of disciplinary actions barred many from the date of the entry into force of the legally relevant judicial decision. ';
believe the current text of article about the first part.
11. Replace article 70, the words "the Court" with the words "the district administrative court" and the words "the date of the decision" — with the words "the date of entry into force of the decision."
12. Article 80 of the expression as follows: "article 80. A sworn bailiff posts rewards rates after proposal by the Ministry of Justice, which agreed with the Latvian Council of Sworn bailiffs are determined by the Cabinet of Ministers. "
13. Add to article 96 paragraph 3 with the following: "3) successfully undergoing an approved law school in the program."
14. Express 98., 99., article 100 and 101 as follows: "article 98. (1) the sworn bailiff's Assistant, based on sworn bailiff's proposal and the Latvian Council of sworn bailiffs positive feedback, the Council confirms the position of the Minister of Justice.
(2) a sworn bailiff's Assistant Minister of Justice gives promise to honestly and conscientiously fulfill their duties.
(3) 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 certificate.
Article 99. (1) the sworn bailiff's Assistant, sworn court bailiffs work management and supervision.
(2) in the first half after approval by the sworn bailiff mate mate prepare a sworn bailiff's office operations.
(3) in the second half of the sworn bailiff's Assistant with the sworn bailiff is entitled speciālpilnvar issued: 1) serving documents;
2) post advertisements;
3) get piedzīto funds up to 500 Lats per Executive.
(4) one year after employment, the sworn bailiff mate mate, if he has passed the sworn bailiff's Assistant exam, you can replace a sworn bailiff of his vacation and sick time, and with the addition of speciālpilnvar in the third paragraph of this article, actions he has laid down the right to Executive activities: 1) in the cases on recovery or security requirements up to 500 lats, if they are not associated with the recovery going to real estate;
2 description of property and possessions) exit on the release of premises (eviction);
3 executive action) cases for reinstatement;
4 executive action) in cases of confiscation of property;
5 description of common assets) property for the purpose of sharing or inheritance.
100. article. (1) the Latvian Council of sworn bailiffs ' Council annually hosts the examination of a sworn bailiff helpers who want to get this law, article 99 provided for in the fourth paragraph of the sworn bailiff's Assistant, if you have received a sworn bailiff helper application for permission to organize the exam.
(2) a sworn bailiff's Assistant, knowledge checks the Latvian Council of sworn bailiffs ' Council established the examining Board, with the participation of the Minister of Justice authorized person.
(3) After the Latvian Council of sworn bailiffs ' Council proposal by the Minister of Justice approves the sworn bailiff's Assistant exam procedures, exam questions and the required amount of knowledge.
101. article. Through this law, article 99 in the third and fourth part posts the transaction, the sworn bailiff's Assistant about your posts is the same civil and criminal liability, provided for a sworn bailiff. About your mate's action jointly and severally civil responsibility is also a sworn bailiff. "
15. Article 103 of the expression as follows: "article 103. Sworn bailiff's Assistant as a disciplinary measure in title V of this law, the third chapter in the order may apply to the prohibition to carry out this law, article 99 in the third and fourth steps set out in part for a period of up to three years or the abolition of the posts if the sworn bailiff's Assistant, perform the following steps, allow negligence or violation of the provisions of the law. "
16. transitional provisions: replace paragraph 13, the words "University type higher education" with the words "accredited study program";
turn off paragraph 14;
Add to transitional provisions with paragraph 15 as follows: "Cabinet of Ministers 15. Up to the entry into force of the day, but no longer than up to 31 December 2004 of the Ministry of Justice is in effect in 2003 10 January instruction" a sworn bailiff posts rates of remuneration ", the Ministry of Justice of 10 January 2003, the instruction" minimum insurance sum sworn bailiff individual insurance contract and insurance agreement minimum terms "and the Ministry of Justice of 4 February 2004, the instruction" minimum insurance sum sworn bailiff of the group insurance contract and insurance mandatory provisions of the Treaty "."
The law adopted by the Parliament in the September 2, 2004.
The President of the Parliament instead of the President i. Otter Riga 2004 23 September Editorial Note: the law shall enter into force on October 7, 2004.