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Amendments To The Law "about A Fosters And Pagastties"

Original Language Title: Grozījumi likumā "Par bāriņtiesām un pagasttiesām"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on pagastties" fosters and make family courts and the law "on pagastties" (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1996, nr. 1; 1997, no. 3, 23; 2001; 2002, 13 no, no. 22) the following amendments: 1. Replace the words "the whole statutory care and upbringing" of the body (the fold) with the words "body care" (fold).
2. in article 5: to make first and second subparagraph by the following: "(1) the family courts (pagastties) under the auspices of the work, custody, adoption and children's personal and property rights and interests protection monitor and methodically manages the Minister with special responsibility for children and Family Affairs in the Secretariat.
(2) the family courts (pagastties) work relating to the receipt, as well as in Chapter VII of this law, the above functions, inheritance and heritage protection (Chapter VIII) methodically led by the Ministry of Justice. ";
turn off the third and sixth.
3. Replace article 6, second paragraph, the word "three" with the word "five".
4. in article 7: replace the first paragraph, the words "the Minister of welfare" with the words "the Minister with special responsibility for children and family affairs";
to make the second part of paragraph 3 as follows: "3) which has been deprived of his rights or deprived by a court custody rights;";
replace the third paragraph, the words "corruption prevention law" with the words "the law" on prevention of conflict of interest in the activities of public officials ".
5. Express article 8 by the following: ' article 8. (1) the family courts (pagastties) the Chairman or a member of the Court, be exempt from position (job) before the deadline after his own election.
(2) the family courts (pagastties) the Chairman or a member of the Court may be removed from Office (duties), if: 1 he), in carrying out their duties, act unlawfully or negligently;
2) there are circumstances referred to in this law article 7, second paragraph.
(3) the family courts (pagastties) the Chairman or a member of the Court in the performance of their duties, be responsible for their actions or omissions. If there is reasonable suspicion that the family courts (pagastties) the Chairman or a member of the Court acted unlawfully or negligently, the Municipal Council (the Council) President he can be suspended from the post (of the job) to the facts of the case. Local Government Council (Council) President has a duty to impeach (pagastties) fosters the Chairman or a member of the Court from a position (duties), if requested by the Minister with special responsibility for children and Family Affairs.
(4) when the family courts (pagastties) the Chairman or a member of the Court is prosecuted, he can be suspended from his post (from Office) the public prosecutor. Family courts (pagastties) the Chairman or a member of the Court has been suspended from his duties until the Prosecutor's decision is cancelled or a court judgment enters into force. "
6. Article 13: Add to the article with a new second subparagraph by the following: "(2) the family courts (pagastties) in matters within their competence, without parental care to care for orphaned children grow up in a family."
consider the current second and third respectively on the third and fourth.
7. in article 14: make point 2 as follows: "2) if the Court gives its opinion on the use of rights of access (article 182 of the Civil Code);";
in paragraph 3, replace the number "177." with numbers and the word "and" 178.178.1.
8. in article 15: to supplement the article with a new paragraph 9 and 10 by the following: "9) provides assistance to children who are turning for help to the family courts (pagastties), if the parents set unreasonable restrictions or other disputes in their relations (article 185 of the Civil Code);
10) allow minors to genome research; "
consider paragraph 9 of the past 11.
9. Article 16 be expressed by the following: ' article 16. (1) the family courts (pagastties) find out the family in which the parents with the child handled particularly poorly, not caring for the child or does not provide the child monitoring and it can endanger his physical, mental or moral development, and decide on the custody of disqualification proceedings in court.
(2) if there is in fact barriers that one parent be denied the opportunity to attend to a child, or the child parental fault located in the health or life of the dangerous circumstances, the family courts (pagastties) deciding on childcare disqualification.
(3) if the care or custody of the reasons for disqualification are fallen, the family courts of the place of residence of the parents (pagastties) shall decide on the renewal of the law or of care proceedings in court for custody rights. If within six months of the conditions are not improved, and it is not possible to restore custody to parents, family courts (pagastties) shall decide on the application to the Court under the auspices of the disqualification of parents. "
10. in article 17: turn off the first part of the number, and the name "203. and";
make the third paragraph as follows: "(3) the family courts (pagastties) according to article 155 of the civil code, and for the third quarter to give consent to recognition of paternity, as well as the interests of the child, the consent of an opinion or in other cases stipulated by law.";
replace the fourth subparagraph, the words "training or education institution" with the words "education or child care institution";
to supplement the article with the fifth and sixth the following: "(5) the family courts (pagastties) decide on: 1) the invalidation of the adoptive persons;
2) child into the adoptive parent's care and supervision to adoption approval.
3) pirmsadopcij care termination before the end of the period of care;
4) whether the adoption is in the best interests of the child.
(6) for every adoptable children in family courts (pagastties) immediately inform the Minister with special responsibility for children and Family Affairs in the Secretariat. "
11. Replace article 19 paragraph 4, the words "termination of parental authority" with the words "under the auspices of the disqualification".
12. Express article 21, third paragraph, the following: "(3) If the minor's living conditions survey reveals that he is in the health or life of the dangerous circumstances, the family courts (pagastties) the Chairman the power to decide on childcare disqualification and placing the child in the audžuģimen farm, hospital or other secure location and family courts (pagastties) not later than 15 days shall take a decision on the restoration of the right of child care parents child care or ārpusģimen."
13. Replace the words "in article 24 month from the date of its adoption or from the date when they learned of the decision" with the words "in accordance with the procedure prescribed by law".
14. Replace article 25 in the fourth paragraph, the words "education or training institution" with the words "education or child care institution".
15. off to in the second subparagraph of article 26, the words "simplify the Bill of exchange protest and".
16. in article 28: replace the first paragraph, the words "suspended or terminated the parental authority" with the words "deprived of care or custody rights";
in the fifth subparagraph, replace the words and figures "Section 228 of 235, 237, 240, 243, 245 and Article 251, the terms" with the words "the provisions of the civil code on guardianship".
17. Replace article 33, the words "parental authority is suspended or terminated" with the words "deprived of care or custody rights" and the words "educational or training institution" with the words "education or child care institution".
18. Article 38: make the first, second and third subparagraph by the following: "(1) an application for Adoption is submitted to the place of residence of the adoptive family courts (pagastties).
(2) a foreign national or a foreign expatriate adoption the adoptive parent application shall be submitted to the Minister with special responsibility for children and Family Affairs in the Secretariat. The decision on the transfer of children abroad or foreigners of adoptive care and supervision to adoption approval and a decision on whether the adoption is in the best interests of the child, its family courts (pagastties), with which the decision to ārpusģimen the child's care. If the other spouse adopts the child, the decision as to whether the adoption is in the best interests of the child, adopted child of the residence of the family courts (pagastties).
(3) the application shall indicate the facts that attest to the of the Civil Code article 169 162. — the conditions referred to in, and then add the appropriate documents. ";
replace the words "the fifth part of the child placed in the care and upbringing of the child body" with the words "child care" ārpusģimen passed.
19. Article 40: make the first part of paragraph 2 as follows: 2) test conditions specified in the application for compliance with the civil law of the 162-article 169; ";
replace the second paragraph, the word "application" with the word "submission".
20. Article 42: make the first part of paragraph 1 by the following: "1) attest to the transactions concluded in the parish residents and with the others, where the transaction amount does not exceed 1000 lats;";
make the first part of paragraph 6 by the following: "6) after the parish population confirms the request copies of documents or the accuracy of the copies relating to the person concerned, or manufactures the following documents and certify their accuracy;"
replace the first part of paragraph 7, the word "application" with the word "submission";
turn off the first part of paragraph 8;

to supplement the first part of paragraph 9 by the following: "9) certifies signatures on requests for shore Land (article 60 of the law of the land).";
off in the third paragraph, the words "as well as the Bill of exchange protest."
21. Article 44 of the expression by the following: ' article 44. (1) transaction pagastties are to be submitted to the project or demonstration turns pagastties with a request to draw up a proposal in their words.
(2) the certifying or creating a legislative proposal, the Chairman of the pagastties reads it and asks the participants the transaction, or a transaction participant agrees with the provisions of the Act and the content they are known and understood. If the answer is affirmative, the participants the transaction signature or recognize them for yourself, sign. "
22. Replace article 50 in the first paragraph, the words "personality and that she" with the words "identity".
23. Replace article 51, the word "personality" with the word "identity".
24. Turn off article 54.
25. Article 57, first paragraph: make paragraph 9 by the following: "9) for the certification of the copy or copies (for each page)-0.20 ls";
Express 12. paragraph by the following: "on the request of shore 12) certification: 3 lats."
26. To replace the words "in article 58 the Court ordered" by the words "court or notary to ask".
27. Replace article 68, the word "Court" with the words "notary, which agrees with the legacy thing."
28. The transitional provisions: to replace in paragraph 1, the words "training or education institution" with the words "education or child care institution";
transitional provisions be supplemented with 4, 5.  and paragraph 6 by the following: "4. The law of article 7, first paragraph, the second sentence shall also apply to persons who have received the certificate of family courts and pagastties employee training program of learning under the Welfare Minister, and Minister of Justice approved training program.
5. Amendment of article 24 of the Act on family courts (pagastties) procedures for appeals of decisions enter into force simultaneously with the administrative process of entry into force of the law.
6. The Act on administrative procedures To the date of entry into force of this law, 38, 40 and 42, the words "article submission" (fold) is used in place of the word "application" (hinged). "
The Parliament adopted the law of July 8, 2003.
The President of the Parliament instead of the President i. Otter in Riga on 23 July 2003, the Editorial Note: the law shall enter into force with the august 6, 2003.