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The Amendments To The Administrative Procedure Law

Original Language Title: Grozījumi Administratīvā procesa likumā

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The Saeima has adopted and the President promulgated the following laws: law on administrative procedures in the Administrative Procedure Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2001, no. 23, no. 14; 2003) the following amendments: 1. Make the text of article 1 as follows: "(1) the authority shall have legal personality (body, Department or officer) who with legislative or public contract granted certain powers to the national Government.
(2) the higher authority is a legal entity (institution, Department or officer), the hierarchical order may order the institution or cancel its decision.
(3) an administrative act is outward facing law issued by the authority in the field of public law relating to individual persons or particular persons, by establishing, amending or terminating a specific finding of legal relationship or finding the actual situation. The administrative act is also on the staff of the institution or body especially exposed person's legal status in the establishment, change, termination and disciplinary punishment of that person, as well as other decision when it substantially restricts the authority of the institution or persons subject to particular human rights. The Authority's decision or other action of private law, as well as the institution's internal decision which affects only the authority, institution or a special subdivision of the exposed persons, not an administrative act. Administrative act is also the President of the Parliament, the Cabinet and the local Government Council (the Council's) political decisions (political statements, Declaration, invitation, notification of the election of the officials URu.tml.), as well as criminal justice decisions and court rulings.
(4) the rule of law is the legal Act (in part) and the General principles of law.
(5) the external normative act is the Constitution, laws, Cabinet of Ministers regulations and local regulations, as well as international treaties.
(6) the internal normative act is the law that public bodies managed by aiming to identify their own or give up body self internal operational procedures or explain what external legislative procedures in your area (instruction, tips, rules, etc.).
(7) the rules of international law is binding on Latvia on international treaties, customary international law and general international law principles.
(8) the individual is a natural person, a legal person in private law or associations of such persons.
(9) public law is a public law legal person of its organs or other institutional arrangement, in which the person possesses administrative procedural capacity. "
2. Make the text of article 2 as follows: "the basic objectives of this law are as follows: 1) ensure democratic, legal state principles, particularly respect for human rights, in specific public legal relations between the State and individuals;
2) expose the independent, impartial and competent judicial control executive actions that relate to specific public legal relations between the State and individuals;
3) to ensure the provision of legal, accurate and effective application of the public legal relations. "
3. Replace article 4, first paragraph, point 1, 5, 10, 11, 12, 13, and article 14, article 18, first paragraph of article 20 and 21 in the title, article 24, paragraph 5, and article 25 of 27, article 66, first paragraph, point 4, article 69.82, and 87 of the second paragraph of article 1, paragraph 98, 363, and 373.374. Article, the word "person" (fold) with the word "private" (fold).
4. Article 4: to supplement the first subparagraph following the words "the following" with the words "general law";
to supplement the first part of paragraph 11 with the following: "procedural justice principle 11) (14.1).";
make the second paragraph as follows: "(2) the administrative procedure shall also apply in the first part of this article is not mentioned in the General principles of law, which were discovered, derived or developed institutional practice or case-law of the Court, as well as science.";
replace the third paragraph, the words "administrative principles" with the words "general principles of law".
5. To make article 6 by the following: "article 6. The principle of equality in the same factual and legal circumstances of the case, the authorities and courts adopt the same decisions (there is a different actual or legal circumstances of the case,-the different decisions) regardless of the administrative process of gender, age, race, colour, language, religion, political or other views, social origin, nationality, education, social and property status, occupation, and other circumstances. "
6. To supplement the law with article 14.1 as follows: "article 14.1. The principle of procedural fairness and the court decisions shall respect the impartiality and gives actors a proper opportunity to express their views and submit evidence. The officer, whose impartiality may be a reasonable doubt, not participating in the adoption of the decision. "
7. Express articles 15 and 16 of the following: ' article 15. External laws, general principles of law and international law (1) the authority and the Court of Justice in the administrative procedure applicable external laws and regulations, international law and the European Union (community) legislation, as well as the General principles of law (article 4).
(2) the authority and the Court observes the following external regulations legal force hierarchy: 1) Constitution;
2) of the Act and article 81 of the Constitution of the order of the Cabinet of Ministers issued regulations;
3) Cabinet of Ministers regulations;
4) compulsory local authority regulations.
(3) the rules of international law, regardless of their source, according to their location apply foreign law in the hierarchy of legal force. If a contradiction is established between the rules of international law and of the same legal force in Latvian legislation, the rules of international law.
(4) the European Union (community) rules apply according to the place of international law in the hierarchy of legal force. The application of the European Union (community) legislation, the authority and the Court takes account of the European Court of Justice.
(5) the General principles of law apply, if the matter is not regulated by external regulatory act, as well as to interpret legislation (article 17).
(6) where a contradiction is established between different legal provisions in force, the rules of law, which has a higher legal force.
(7) where the conflict between equal legal force in the General and special provisions, General provisions shall apply in so far as it does not prejudice the special rules.
(8) where the conflict between equal legal force of external legislation, the latest external legislation. Decisive is the outer date of adoption of the legislation.
(9) where the conflict between equal legal force, later the General and special rules of older, Senior Special rules shall apply to the extent that its purpose is not contrary to the latest General provisions (legislative).
(10) in deciding which of the same legal force of law, is preferable, should also take account of the importance of the common objective, which consists in the context of these provisions, and preferred it to the rules that govern a democratic society and national equipment essential question.
(11) If the authority should apply the law, but it reasonably doubts whether the provision meets the highest legal force, the authority for the provision of these rules of law apply, but his doubt immediately motivated in a written report, inform the higher authority and the Ministry of Justice.
(12) the authority and the Court may refuse to decide the matter on the basis that this issue is not regulated by law or other foreign legislation (institutional and judicial legal prohibition of obstruction). They may refuse to apply the law, on the grounds that the provision does not provide a mechanism for the application that is incomplete or not represented by other legislation which regulate the nearest law enforcement. This does not apply only to cases where there is no established or not, that this provision should apply to or otherwise be involved in its application.
16. article. The application of internal law (1) the internal normative act is binding on the public authorities that this Act has been issued, as well as that of subordinate bodies governed by public law institutions. Private internal measure is not binding.
(2) if the authority finds contradiction between the internal laws, as their acts, issued by institutional higher authority. If the authority finds contradiction between the internal laws, which are issued by a higher authority and institutional functional higher authority, it shall be subject to the Act, issued by the higher authority functional.
(3) if the authority finds conflict between internal law included the same legal force of the General provisions and special provisions, General provisions shall apply in so far as it does not prejudice the special rules.

(4) if the authority finds contradiction between one issued by a body governed by public law in internal laws, as the latest act. Decisive is the date of adoption of the legislation.
(5) if the authority must apply internal measure, but it reasonably doubts whether it is consistent with other public bodies issued internal legislative act, the authority applies, but his doubt immediately motivated in writing inform the institutional report higher authority and public bodies that have issued these regulations, as well as the Ministry of Justice.
(6) if the authority must apply internal measure, but it reasonably doubts whether it complies with the Act and regulations for the General principles of law as well as international law or European Union (community), authority of law, these internal regulations shall not apply and shall immediately report the written reasoned inform higher authorities and public bodies that have issued these regulations, as well as the Ministry of Justice. Public bodies that have issued these regulations, can make a written order to apply it. If public bodies order contains the legal basis on which the authorities doubt must be rejected and the internal regulatory act comply with the Act and regulations for the General principles of law as well as international law and European Union (community) legislation, the authority shall execute. "
8. Express article 17, the second sentence of the sixth paragraph the following wording: "the powers of the authority referred to in article 16 of this law, the fifth and sixth part remain intact."
9. Express article 18, fourth subparagraph, the first sentence by the following: "administrative cases, which is complicated by the recipient institution or a court decision pursuant to an individual's assets, its representative is paid from the State budget."
10. Express article 20 second paragraph as follows: "(2) the administrative procedural legal capacity of persons also recognised Association, if a person with sufficient sustainable bond, to accomplish a specific goal, and the Association is certain decision-making procedures."
11. Article 21: make the first paragraph by the following: "(1) the administrative procedural capacity are: 1) the legal capacity of a minor natural person;
2) private-law legal person;
3) Association of persons which is to be recognized in the legal procedural. ";
to make a fifth by the following: "(5) private-law legal person led the organ case or authorised representative. ';
to supplement the article with the sixth part as follows: "(6) an Association of Persons of things led its contractual representative or authorized person."
12. Express article 22, first paragraph the following wording: "(1) the administrative procedural legal capacity in full has: 1) to the Republic of Latvia as the initial public law legal person;
2) municipality and other derived public law legal person. "
13. Express article 23 by the following: ' article 23. Public law administrative procedural capacity (1) public law legal persons acting on behalf of the competent organ, authority (Officer) or other authorized entity.
(2) a public body that has possess administrative procedural legal capacity (article 22, second paragraph), the same extent possesses administrative procedural capacity of the well, and it acts on behalf of the Authority (Officer) or other authorized entity. "
14. Add to article 25 of the second part as follows: "(2) in cases governed by public law, administrative act may be the recipient or it may affect the actual action, as well as other external regulatory Act cases, the applicant may also be a public law legal person. The administrative process in which the applicant or recipient is a body governed by public law, is the application of the provisions of this law, except in cases of public law in nature, it follows that they are not applicable. ";
believe the current text of article about the first part.
15. Supplement article 27 with the second part as follows: "(2) a public body may be an administrative act, or the recipient may affect the actual action when it is in a comparable situation with the individual and particular case shall be subject to the same rules of law as individuals."
believe the current text of article about the first part.
16. in article 28: make the first paragraph by the following: "(1) for a third party in the administrative procedure may be the individual whose rights or legal interests of the relevant administrative act may limit or which may affect the judgment of the Court of Justice.";
to supplement the article with a new second subparagraph by the following: "(2) a public body may be a third party when it is in a comparable situation to that of individuals can be a third party in the administrative procedure, as well as when it is laid down in the regulations in the Act to the outside."
consider past the second, third, fourth and fifth respectively on the third, fourth, fifth and sixth.
17. Article 29 of the expression by the following: ' article 29. Entity that has the right to be on the individuals rights and legal interests stand (1) in the cases provided for in the Act, public bodies or private-law legal person has the right to submit to the Authority an application or an application to the Court to defend individual rights and legal interests.
(2) in the first paragraph, the holder of the right may be familiar with the case materials, to take rejection, give explanations, submit evidence, participate in the verification of evidence, to submit requests, to challenge and appeal against administrative acts or actual action, as well as do other law provided for the applicant or the applicant procedural actions.
(3) the first paragraph of this article in the right-holder's abandonment of the application or the application it submitted in accordance with the first subparagraph, do not deprive individuals of the rights or legal interests for defending the application or the application has been filed, a right to require the authority or court case is heard on the merits.
(4) If the administrative procedure under the first paragraph of this article of the entity and the individuals whose rights or legal interests for defending the application or the application has been filed, have different views about the process or on the merits, it is a personal opinion. On the application of the person concerned authority shall take a decision on the termination of the proceedings or the Court shall terminate the proceedings. "
18. Article 31 of the expression by the following: ' article 31. The applicant (1) the applicant is an individual, which go to a court in order to carry out control over administrative acts issued by the institution or institutions of the rule of law or the actual action efficiency considerations within the discretion to decide on a public law contract validity or enforceability or individuals publicly identified in a legal obligation or right. The applicant also considered individuals whose rights or legal interests to defend proposed by article 29 of this law of the legal entity referred to in the application.
(2) in the application, except in the cases provided by law, may be brought by individuals whose rights or legal interests are affected or may be affected.
(3) in matters of public law, the validity of the Treaty or in the case of a public body may be an administrative act, or the recipient may affect the actual action, as well as other external regulatory act where the applicant may also be a public law legal person. "
19. Article 34: make the first paragraph by the following: "(1) the defendant in court is the Republic of Latvia, the municipality or other derived public law legal person (article 22, first paragraph), or other public bodies in this law article 22 in the case referred to in the second subparagraph.";
to supplement the article with the third part as follows: "(3) if the applicant in case of public law contract validity or enforcement is a public law legal person (article 103 of the third subparagraph of paragraph 3), the defendant may also be individual. In this case the applicable law of the parts C and D of the law. "
20. Supplement article 38 with a new second subparagraph by the following: "(2) a Person shall be made by the representative of the Association, notarized or attested by a contract term from which the persons concerned derive rights without special authorisation to represent the Association of persons. ';
consider past the second, third, fourth and fifth respectively on the third, fourth, fifth and sixth.
21. the express 54. article as follows: "article 54. Provision of information to the individual (1) if the individuals received requests for information in connection with any administrative proceeding, the authority shall provide the relevant information in its possession, except where this information is in accordance with the law are considered to be limited by the availability of information.
(2) If the information requested in part contain information that cannot be disclosed under the Act, an individual shall be issued, if part of the information at the confidential information's removal is not lost or changed its thrust.

(3) information about an individual's private life, except for the rules in certain cases, can be provided only with the consent of that person. If, in accordance with the provisions of this information may request and receive individual, other information may be provided when this individual has demonstrated its interest.
(4) an individual is entitled to acquaint themselves with the information held about yourself, request a corrigendum, as well as the deletion of the information, the collection or storage of which rules do not provide for or obtained illegally. "
22. the express 54. the third paragraph of article as follows: "(3) if the information contains details of an individual's private life (ID number, nationality, citizenship, residence, marital status, health status, criminal record, income, property, religious or political opinions, or other information), the authority shall explain to individuals on a legislative basis, and for what the authority wants to get these messages, as well as whether an individual this information under external regulations are obligatory or its provision is voluntary."
23. Add to article 67 of the fourth subparagraph, the first sentence after the words "international law" with the words "or of the European Union (community)".
24. Make 76. the first paragraph by the following: "(1) the administrative act may be challenged by the applicant, recipient, third party, article 29 of this law that the holder of the right, as well as individuals whose rights or legal interests of the relevant administrative act limiting the administrative process which has not been invited as a third party."
25. the express article 79, the second subparagraph by the following: "(2) an individual whose rights or legal interests of the relevant administrative act limiting the administrative process which has not been invited as a third party can challenge these administrative law within one month from the date on which the individual has learned about it, but not later than one year from the entry into force of the administrative act of the day."
26. Express article 81 the third part as follows: "(3) the decision on the contested administrative act (administrative act) may not be in the interest of the applicant in a less favourable than the contested administrative act, except where the higher authority finds that a breach of the statutory provisions of substantive law or breach of the procedural rules protecting the public interest."
27. Express article 83, the first paragraph by the following: "(1) the authority may, on its own initiative or at the request of the recipient can cancel the administrative act that have already become the undisputed, pursuant to this law, only 85. and article 86 rules."
28. Make article 85 of the third paragraph as follows: "(3) if the administrative act shall be repealed in accordance with the second paragraph of article 3 or 4, the public law legal persons in accordance with Chapter 8 of this Act to pay the recipient the damages and personal injury which arises due to the abolition of the administrative act."
29. Article 86: Express 3 and the second subparagraph of paragraph 4 by the following: "3) administrative acts will stay in force affecting the vital interests of the public. If the addressee of the administrative act in question is received money or other benefits, this administrative act shall cease to be in force by the date of cancellation. The public law legal persons in accordance with Chapter 8 of this Act to pay the recipient the loss or personal injury that arises due to the abolition of the administrative act;
4 the administrative) the addressee of the Act extradition reached with knowingly making false declarations, bribery, coercion, threats or other unlawful activity. In this case, the authority shall consider the illegality of the activities of the recipient and cancels this administrative act with its date of issue. The recipient is obliged to pay the public bodies concerned what this recipient from public bodies, on the basis of the acquired administrative act. ";
make the third paragraph as follows: "(3) the abolition of the administrative acts in accordance with the second paragraph of article 1 is allowed within three months from the date on which the authority learned of the cancellation of the opportunity, but not later than one year from the date of its entry into force."
30. Article 89 of the expression as follows: "article 89. The concept of actual action authority (1) the actual action is the action by public authorities in the area of the law in any other way, rather than issuing administrative acts, if an individual is entitled to this activity or it is a result of this action arose or may occur in the rights or legal interests of the rightholder.
(2) the actual Act is also the Authority's inaction, if an institution in accordance with the law or have the obligation was to perform, as well as a certificate of the authorities. "
31. Article 91 of the expression as follows: "article 91. Application for actual action authority (1) a Person who considers that the authorities planned or already underway in the actual act of touching or may interfere with their rights or legal interests may be addressed to the authority with the application for change of intent of the authority in relation to the actual action.
(2) the authority the application shall be considered and examined before the actual action or, if possible, before its completion. Its decision authority shall notify the General order.
(3) an individual may challenge or appeal against the decision of the authority as an administrative action.
(4) an individual who believes that the authorities provide information is not correct, you can turn this institution with the application on the correct cognition. If the authority is not satisfied with the applicant's request, the applicant may contest or appeal against the decision of the authority as an administrative action.
(5) in other cases, the individual may apply to the Court directly with application for actual action authority. "
32. Replace article 92, the word "compensation" with the words "adequate compensation".
33. Article 94 Expressed as follows: "article 94. Reimbursement obligation (1) to require the Reimbursement of: 1) of the Republic of Latvia, if the loss or damage of personal injury direct regulatory authority;
2) or other derived public law legal persons, if the loss or damage caused directly personal administrative authority, in the exercise of functions that are part of the relevant public law legal persons autonomous competence;
3) of the Republic of Latvia, if the loss or damage caused directly personal to the regulatory authority of the Republic of Latvia, in the exercise of functions or tasks;
4) other bodies governed by public law, if it has a procedural legal capacity and is an independent budget (article 22, second paragraph) that do not fit into any of these article part 1 or point 2 of that public law legal persons, and the budget of public law bodies have caused injury or personal injury to the area in which it operates within its budget.
(2) if the authority is funded from a variety of budgets and it is possible to separate out which public law legal persons the tasks it performs, reimbursement requires from its public law legal persons, of which the budget authority receives more funding. If two or more public-sector funding, reimbursement requests from public bodies by the applicant or of the applicant's choice. If one of the budgets are public, reimbursement requires a General from the Republic of Latvia.
(3) where the authority is the individual, requires from the reimbursement referred to in the first paragraph of the public law legal persons or body organs of the State favored individuals can.
(4) the obligation to Reimburse the public bodies can be executed, restoring the situation that existed before the loss or damage, or if it is not, or not fully possible or adequate, appropriate compensation paid in cash. "
34. the express article 95, the first paragraph by the following: "(1) If a reimbursement is not correctly specified the law referred to in article 94 of the public law, application for reimbursement to the institution accepts and finds relevant public law."
35. Express 96. and article 97 of the following: ' article 96. It is the duty of the applicant to reduce losses and the applicant is obliged to cooperate in their knowledge and practical capabilities, do all you can to reduce your loss or damage, as well as do some conditions to the authority that it needs to know in order to identify the relevant public law liability and damage the foundations of the loss or damage. If the applicant is not justified in this obligation to be fulfilled, later, challenging the decision of the Supreme Court or an appeal it, he to the circumstances cannot be invoked.
Article 97. The application of the principles of civil law remedies for fixing the amount of the Fixed assets loss and personal injury compensation claims and the preconditions, apply the principles of civil law, if the law does not provide otherwise. "
36. Article 102: put the name of the article as follows: "Proceedings of the administrative procedure law regulating force";
turn off the first part.
37. the express article 103 and 104 as follows: "article 103. Administrative Court in essence

(1) the Administrative Court is the judicial control over the administrative acts issued by the institution or institutions of the rule of law or the actual action efficiency considerations in the framework of freedom of action, as well as individuals in public legal obligations or rights clearance and from a public contract dispute.
(2) the Court of Justice in the administrative procedure in carrying out their duties, even (ex officio) objectively ascertain the circumstances of the case and give them a legal appraisal of the proceedings within a reasonable time.
(3) the Court of Justice clarified the administrative procedure: 1) or administrative act, and the actual act of the authority complies with the provisions of this law and other legal provisions;
2) or rules of law and public law, administrative procedure the Treaty gives Member certain rights or obligations;
3) public law contract, compliance with the law, the validity and the correctness of the execution.
Article 104. The hierarchy of legal rules check (1) examination of the administrative act or actual action in the rule of law and clarifying personal public legal obligations or rights, the Court in the event of doubt, examination, or in an appropriate institution or administrative court proceedings, the applicable law is the higher legal force rules.
(2) if the Court finds that a law does not comply with the Constitution or the rules of international law (Act), it stops the proceedings and send a motivated application to the Constitutional Court. After the Constitutional Court's decision or the date of entry into force of the judgment of the court proceedings and subsequent proceedings renewed based on the opinion of the Constitutional Court.
(3) if the Court finds that local regulations do not comply with the provisions of the Cabinet of Ministers or act or Cabinet regulations do not comply with the law or the internal regulatory act does not comply with the Act or regulations for directly applicable principle to the general law, the relevant provisions do not apply. The Court decision or judgment based their views on non-compliance with legal force above the law. "
38. To supplement the law with article 104.1 as follows: "article 104.1. The order of the Court of Justice of the European communities the Court of Justice of the European Union (community) legislation the cases provided asks a question to the Court of Justice of the European communities of the European Union (community) legislation the interpretation or validity of a preliminary ruling for the judgment. "
39. Article 114 off the second part.
40. To exclude article 121 second paragraph, the words "natural and legal persons".
41. Replace article 122, first paragraph article 290, 292 in the first paragraph of the first paragraph of article 9 and paragraph 354 first paragraph of article 1, the words "district (City) Court" (fold) with the words "administrative district" (the fold).
42. Article 137 off the fourth part.
43. To supplement the article with 4.184 point as follows: "4) public law contract compliance with legal rules, its validity or correctness of execution."
44. Replace article 185, fourth paragraph of article 290 in the second and third subparagraphs, article 295, 298 in the second part of the second part of the article, the first subparagraph of article 299, 300 in the fourth paragraph of article 323 article 324,., and in the second paragraph of article 354. in the first paragraph, the word "district" (the fold) with the words "administrative district" (the fold).
45. Article 211 to make the first paragraph by the following: "(1) the hearing shall be chaired by one of the judges participating in the proceedings (hereinafter referred to as the President of the Court)."
46. Replace article 221, first paragraph, the words "the President of the Court of session" with the word "judge".
47. off 245. the first sentence of the article.
48. Replace article 248 in the first paragraph, the words "the President of the Court of session" with the words "judge, who is preparing a report on the case (Rapporteur)".
49. To supplement the law with article 256.1 of the following: ' article 256.1. Judgment on public contracts (1) If an application for a public law contract cancellation the Court considers reasonable, the relevant public law contract is repealed in whole or in part thereof. The Court determined, by which time the contract shall be deemed cancelled.
(2) if the application, which requires from the authorities for the conclusion of a contract under public law, the Court considers it appropriate, make a judgment on the Authority's obligation to conclude a public contract and determine the due date. The findings in the judgment and the legal assessment of the authority it is compulsory.
(3) if the subject is a specific public law contract validity, the Court in which the judgment rendered is determined that the specific public legal contract is in force or not.
(4) if the application is the subject of the public contract execution correctness, the Court in which the judgment rendered is found, or a public-law agreement is executed properly, or how it should be properly enforced.
(5) if the Court accepts the applicant's right to compensation, it asks the applicant to pay the judgment, the reimbursement and fix it. "
50. Article 259 of the expression as follows: "article 259. In a written judgment in the process of examining cases (1) where a judgment is given in the written procedure, the participants in the process in good time of the date on which a copy of the judgment to be able to get the clerk of court. This date is considered the date of delivery of the judgment.
(2) at the request of the members of the process, a copy of the judgment can be sent by mail or, if this is possible. Send a copy of the judgment referred to in the first subparagraph or the date on the next working day after that. Obtaining a judgment does not affect the time limit purposes. "
51. A supplement to the article 273 (4) and (5) as follows: "4), it shall take a decision to submit an application to the Constitutional Court rules in conformity with the Constitution or the rules of international law (Act) or the Constitutional Court is proposed in connection with the case of a constitutional complaint the applicant;
5) it shall adopt a decision to ask the Court of Justice of the European communities questions on the European Union (community) rules of interpretation or validity. "
52. Supplement article 275 with point 6 and 7 by the following: "6) of this law article 273 (4) in the case provided for in the Constitutional Court judgment up to the date of entry into force;
7) this law article 273, paragraph 5, in the case referred to the European Court of Justice in preliminary ruling into force. "
53. To replace the 290 and in article 317. in the first paragraph, the words "appropriate court" with the words "Administrative Court".
54. Make 336. the first paragraph by the following: "(1) the applicant may withdraw the cassation complaint to a hearing."
55. To make 40. chapter name as follows: "the General rules of enforcement".
56. the supplement to the seventh article 339 part as follows: "(7) If the Senate hearing, the Senators held the College decides to refer the matter to the Court of Justice of the European communities for a preliminary ruling, it suspended the proceedings until the Court of Justice of the European communities from the date of entry into force of the judgment."
57. To supplement the law with article 346.1 as follows: "article 346.1. A stay of proceedings, leaving the application without examination, termination of proceedings, cassation instance court proceedings suspended application without examination leave and terminated the proceedings by applying this law, 28, 29 and 30 of the rules of the chapter. "
58. Supplement article 359 of the fifth subparagraph by the following: "(5) if the enforcement is directed against public bodies, is on the executive bodies of higher authority."
59. Make 365. article as follows: "365. article. Enforcement order of the Cabinet of Ministers may issue rules governing administrative procedures for enforcement of the Act. "
60. Make 369. the first paragraph by the following: "(1) if the administrative act imposes the obligation on the recipient to execute a specific action that actually and legally that you can also run the enforcement authority, other public bodies or individuals, this administrative act can be performed with the help of aizvietotājizpild. In this case, the enforcement authority executing this action itself or instructs to perform other public bodies or private individuals. "
61. Express 377. the first paragraph by the following: "(1) the Cabinet of Ministers may establish enforcement authority, which shall carry out judicial decisions of forced execution."
62. Express 384. the third part as follows: "(3) If a person believes that the authority acts contrary to the Court's judgment, it may refer the complaint to a higher authority. If higher authorities is not whether it is a Cabinet of Ministers, the individual may apply to the courts. The higher authority's decision can be appealed in court. The Court decision may not be appealed. "
The transitional provisions of the law article 104.1, article 273, paragraph 5 of article 275, paragraph 7, and article 338 of the seventh part shall enter into force on 1 May 2004.
The law shall enter into force on 1 February 2004.
The law adopted by the Parliament in 2004 on January 15.
The President of the Parliament instead of the President i. Otter Riga 2004 23 January Editorial Note: the law shall enter into force by February 1, 2004.