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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 of the 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, 20; 2005, nr. 7, 14; 2006, nr. 1, 13, 20, 24, 3. No; 2007, nr. 24; 2008, 13 no, 2, 6, 2009., no. 14; Latvian journal, 2009, no. 205; 2010, 166, 183, 206. no; 2011, 16, 95, 132, 148. no; 2012, 50, 100, 197, 190 n.; 13, 87, 112, 188. nr.; in 2014, 2, 41, 63, 194, no. 108) the following amendments: 1. Replace the words "throughout the Act Supreme Court Senate" (fold) with the words "Supreme Court" (fold). 2. Replace the entire law, the word "Senate" (fold) with the words "Supreme Court" (fold). 3. Make the article 24 as follows: "article 24. Jurisdiction (1) the district (City) Court hears civil cases as courts of first instance. Riga City Vidzeme suburb Court hears cases where material is included in the State secrets and things about patent rights, topographies of semiconductor products, designs, trademarks and geographical indications protection. District (City) land registry Department of a court shall consider applications for compulsory execution of obligations and non-litigious obligations forced execution warning order, as well as applications for the approval of the auction law except approval of the insolvency proceedings. (2) the District Court as the appeal instance hearing the case on appeal. (3) the Supreme Court as a Court of cassation instance examines cases in cassation. " 4. Turn off the article 25. 5. Replace article 31.1 numbers and the words "23, article 24 and 25" with numbers and the words "in article 23 and 24". 6. Article 32: turn off in the first paragraph, the words "with the exception provided for in the third subparagraph of article case"; turn off third. 7. Express 406. the first paragraph by the following: "(1) if the debtor considers that the creditor's claim is not based on the merits, he is six months from the date of dispatch of the written copy of the decision can be made against the vendor, to challenge the claim. The Court commenced this action law bringing the General order. " 8. Express 406.10 the first paragraph as follows: "(1) if the debtor considers that the applicant's claim is not based on the merits, he was within three months of the date of dispatch of the copy may take legal action against the vendor, to challenge the claim. The Court commenced this action law bringing the General order. " 9. Turn off 414. the second paragraph of article. 10.443. Article: adding to paragraph 1 the first subparagraph after the word "the" with the words "the Court and district (City) land registry Department judges of the Court"; make the first part of paragraph 2 as follows: "2) on the appeal court's decision, the Court of Cassation."; turn off the first part of paragraph 3. 448. Article 11: article name be expressed as follows: "448. article. The District Court and the Supreme Court's jurisdiction "; replace the first paragraph, the words "the Court and the Chamber of the Senate" with the words "and the Supreme Court"; to turn off the second paragraph, the words "or the Court of Auditors". 12. in article 449: turn in the second paragraph, the words "or" Court "; make the third paragraph as follows: "(3) the District Court decision on complaint about the next district (City) land registry Department of a court decision, except the judges decision on complaint about the next application for the real estate to the acquirer's name, appealed to the Supreme Court, pursuant to this law, in Article 442 deadlines." 478. Article 13, first paragraph: replace the words "in paragraph 2, the Supreme Court's Civil Chamber" by the words "Supreme Court"; turn off paragraph 3 the word "Senate". 14. in the first subparagraph of article 485.1: to replace in paragraph 2, the words "the Supreme Court's Civil Chamber" by the words "Supreme Court"; turn off paragraph 3 the word "Senate". 15. To supplement the article with 540 17 the following: "17) the foreign court or a certificate issued by the competent authority in accordance with the European Parliament and of the Council of 12 December 2012, the Regulation (EU) no 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (hereinafter referred to as the European Parliament and Council Regulation No 1215/2012) article 53 or 60." 16. in article: 541.1 off in the third paragraph, the words and figures "2000 of the Council of 22 December 2004, Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (hereinafter referred to as the Council Regulation No 44/2001) 54 and 58 of the certificate referred to in article"; Add to article 4.4, 4.5 and 4.6 of the part as follows: "(44) European Parliament and Council Regulation No 1215/2012 53. and 60. judicial certificate referred to in article excerpt after the request of the parties, the judgment or decision will become final, but in the case of a judgment or decision is enforceable immediately — immediately after the judgment or decision. (45) the European Parliament and of the Council of 12 June 2013 Regulation (EU) no 606/2013 on measures for mutual recognition in civil matters (hereinafter: European Parliament and Council Regulation No 606/2013) the certificate referred to in article 5 of the statement of the Court, at the request of the plaintiff, the decision adopted. On this issue the certificate referred to in the Court shall inform the defendant in accordance with European Parliament and Council Regulation No 606/2013 article 8. At the request of the plaintiff, the Court shall take this part of the certificate referred to in the transliteration and translation, based on a European Parliament and Council Regulation No 606/13 paragraph 3 of article 5. (46) the European Parliament and Council Regulation No 606/2013 certificate referred to in article 14 of the statement by the Court at the request of the parties. "; in the fifth subparagraph, replace the words "and 4.3" and the number with numbers and the word "4.3, 4.4, 4.5 and 4.6"; replace the sixth and seventh paragraph, the words "and the second" with the words "and the number in the second and 4.5". 17. Replace article 543.1, first paragraph, the words and figures "or Council Regulation No 2201/2003, article 41, paragraph 1, or article 42 of the certificate referred to in paragraph 1, on the basis of Council Regulation No 2201/2003" with the words and figures "Council Regulation No 2201/2003, article 41, paragraph 1, or article 42 of the certificate referred to in paragraph 1, on the basis of Council Regulation No 2201/2003, or European Parliament and Council Regulation No 606/2013 certificate referred to in article 5 of the on the basis of Council Regulation No 606/2013 article 9, paragraph 1, "a" section. Correct the error in the European Parliament and Council Regulation No 606/2013 certificate referred to in article 5, the Court may also, on its own initiative. " 18. in article 545.1: put the name of the article as follows: "article 545.1. The European enforcement order and European Parliament and Council Regulation No 606/2013 5. withdrawal of the certificate referred to in article "; Add to article 1.1 part as follows: "(11) the Court which made the decision, after the Member's receipt of the application or on its own initiative, with the European Parliament and Council Regulation No 606/2013 certificate referred to in article 14, may withdraw the European Parliament and Council Regulation No 606/2013 certificate referred to in article 5, on the basis of Council Regulation No 606/2013 article 9, point 1, point" b "."; to complement the second paragraph after the word "withdrawal" in words and numbers "or European Parliament and Council Regulation No 606/2013 5. withdrawal of the certificate referred to in article 1". 19. Supplement article 552.1 second subparagraph following the words "prescribed" by the words "or are attached to it in accordance with the Republic of Latvia binding international treaties or European Union rules required documents". 20.555. Article: Supplement to article 1.1 part as follows: "(11) takes on this law, article 17 of the 540. Executive referred to in document execution (except when the Executive provides assurance requirements document or temporary protection), the bailiff shall send, together with the notice or the execution debtor shall be issued a copy of the document. If the bailiff of the documents submitted, it has not been shown that the court order enforceable, authentic instrument or settlement has been served on the debtor, the execution of the copy of the document also adds an executable court order or settlement, the public copy. "; express the sixth part as follows: "(6) If notice (1.1 of this article, in the case referred to in the document copies) delivered in accordance with the procedure laid down in this article, it is considered that the debtor is notified of the decision and the deadline." 21. Supplement article 559 of the fourth subparagraph by the following: "(4) If, within 30 days of this law, article 1.1 of part 620 that document date of the bailiff of the debtor receives a request to send an executable court order, law or public mediation, translation of the bailiff, established by the European Parliament and Council Regulation No 1215/2012 article 43, paragraph 2 of the above conditions, the performance of the transaction to the translation residue sent to the debtor." 22. in article 644: turn off the second paragraph, the words and figures "of Council Regulation No 44/2001"; replace the third paragraph, the words and figures "and Council Regulation No. 4/2009" with the words and figures "in Council Regulation No 4/2009 of the European Parliament and of the Council Regulation No 1215/2012". 23. Replace 644.2 article, first paragraph, the words and figures "or Council Regulation No. 4/2009 article 21, paragraph 3" with the words and figures "Council Regulation No. 4/2009 article 21, paragraph 3, or European Parliament and Council Regulation No 1215/2012 article 44". 24. in article: 644.3 supplement article with 4.2 and 4.3 part as follows: (42) the district (City) Court in whose area the foreign judgment enforceable, subject to the European Parliament and Council Regulation No 1215/2012 53 or 60 of the certificate referred to in article, the receipt of the application by the debtor, on the basis of article 46 of that regulation, may refuse enforcement of a judgment. (43) the district (City) Court, which the area is to be made by a foreign court order certain measures of execution control, after receipt of the application, on the basis of Council Regulation No 606/2013 article 13, may refuse enforcement of. "; in the fifth subparagraph, replace the words "and 4.1" and the number with numbers and the word "4.1, 4.2 and 4.3. 25. in article 656: replace the first paragraph, the words "Ministry of Justice" with the words "judge"; replace the second paragraph, the words "Ministry of Justice" with the words "the competent authority of the foreign State" and turn off the words "postal service". 26. Turn off 657. the first part of the article. 27. Express 658. the second subparagraph by the following: "(2) in accordance with European Parliament and Council Regulation No 1393/2007 of the foreign article 2 request for service of documents and proof of service shall be taken as mail. Other European Parliament and Council Regulation No 1393/2007 forms can be accepted with the available means of communication, and they do not need to submit as mail. " 28. Make 659. the third part as follows: "(3) in accordance with European Parliament and Council Regulation No 1393/2007 of the Latvian article 2 request for service of documents or proof of service in the Court of the foreign State shall be submitted as a post. Other European Parliament and Council Regulation No 1393/2007 forms may be submitted by other means of communication, and they do not need to submit as mail. " 29. Make the following article 661: "661. article. The foreign service at the request of the Registrar, and its execution (1) a foreign request for service of documents shall be determined by the district (municipal) court action within the territory of a foreign request for service of documents specified in the recipient's address or the recipient's declared place of residence, but if not, the recipient's place of residence or registered office. (2) If a district (City) Court received the request for service of a foreign document that is specified in the recipient's address is in another district (City) court actions in their territories, in accordance with European Parliament and Council Regulation No 1393/2007 6 point 4 of article transferring foreign request for service of documents concerned for decision to the district (municipal) Court. (3) when deciding the foreign request for service of documents, the judge accepts one of the following decisions: 1) on the request of the service execution limit; 2) for refusal to accept a request for service of documents or part of execution in accordance with European Parliament and Council Regulation No 1393/2007 article 6 or 7. (4) the third part of this article, the decision referred to in paragraph 1 shall be drawn up in the form of a resolution, and it is not appealable. (5) the third part of this article the decision referred to in paragraph 2 shall state the reasons, and it may not be appealed. (6) a foreign request for service of documents shall be implemented in accordance with article 56 of this law, except where, in accordance with European Parliament and Council Regulation No 1393/2007 article 7 paragraph 1 of the document issued by a foreign competent authority by a particular form requested. " 30.662. Article off. 31. off 664. the third paragraph of article. 32.665. Article: replace the first paragraph, the words "Ministry of Justice" with the words "the competent authority of the foreign State"; replace the second paragraph, the words "Ministry of Justice" with the word "Court". 33. To supplement the transitional provisions with 87, 88, 89, 90, 91, 92.., 93, 94, 95, 96, 97, 98 and 99. paragraphs by the following: "87. Cases dealt with in the District Court as the Court of first instance and the judgment to set the date after December 31, 2014, as well as nearby as the District Court complaint about the decision of the Court of first instance, who declared after 31 December 2014, the appeal procedure in the same district court as the Court of appeal but the new composition of the Court. 88. the cases that the Supreme Court's Civil Chamber has begun to examine on the merits, and next to the complaints about the regional courts as the first instance courts handed down decisions, but which by 2016 December 31 have not been considered, including cases in which a decision on the suspension of the proceedings, be referred to the District Court as the Court of appeal, but the new composition of the Court. 89. The things proposed for consideration by the District Court as the Court of first instance by 2014. December 31, but the substance of which is not launched until 30 June 2015, be referred to the district (municipal) Court as the Court of first instance. 90. the cases that a District Court as the Court of first instance has started to look into the merits, but by 2015 December 31 have not been considered, including cases in which a decision on the suspension of the proceedings, be referred to the district (municipal) Court as the Court of first instance. 91. the Court of Cassation after 1 January 2015 by abolishing the Supreme Court's Civil Chamber as the appellate ruling, the matter shall be referred to the District Court for consideration as a new appellate court or city (district) Court as the Court of first instance (474). In this case, the transfer of cases to court under the civil jurisdiction of the dispute. 92. If, after 1 January 2015 in the case, which is pending in the District Court as the Court of first instance, are to be decided by the enforcement of related issues, they decide that the District Court adopted the ruling. 93. If, after 1 January 2016, a case which considered the Supreme Court's Civil Chamber of the appeal procedure is to be decided by the enforcement of related questions, send them to the Registrar of the District Court as the Court of appeal. 94. The Court that until 2015 January 1 begun to see which materials of civil cases have included State secrets, completed its review. 95. The Supreme Court's Civil Chamber in cases of land registry Department judges decisions and his conduct after 1 January 2015 the cassation instance is lifted by the Supreme Court's Civil Chamber ruling, shall be assigned to a new District Court for review, which the area is located in district (City) land registry Department of a court. The Supreme Court's Civil Chamber of complaints about land registry Department judges decisions and his actions, which by 2016 December 31 have not been considered, including complaints that the decision on the suspension of the proceedings, be referred to the District Court within whose area is located in district (City) land registry Department of a court. 96. Next to the complaints filed against the district courts as the first instance courts decisions that appeal deadline expires 2014 31 December, pending the appeal procedure in the order that was in force until 31 December 2014. 97. The amendments to this law, 540, 555, 559 541.1., 644., and article for 644.2 644.3 on Council Regulation No 44/2001 of the European Parliament and of the Council Regulation No 1215/2012 shall enter into force on 10 January 2015. 98. The amendments to this law, 644.3 541.1 543.1, article 545.1 and European Parliament and Council Regulation No 606/2013 shall enter into force on 11 January 2015. 99. who initiated the proceedings, public acts which formally drawn up or registered, and court settlements approved or concluded in the period from 1 May 2004 to 9 January 2015, apply to this law, the third paragraph of Article 541.1 and 644. the second paragraph of article to the version which was in force until 2015 9. January. " The law shall enter into force on January 1, 2015. The Parliament adopted the law in 2014 October 30. The President a. Smith in Riga 2014 on November 15.