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Amendments To The Law "on Judiciary"

Original Language Title: Grozījumi likumā "Par tiesu varu"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on judicial power" to make the law "on judicial power" (Latvian Saeima and the Cabinet of Ministers rapporteur, 1993, 1994,/2.nr. 1; 13.nr; 1., 1995, nr. 10, 22; 1996, 3, nr. 13) follows: 1. Article 2: Add to the article with a new third subparagraph by the following: "(3) the District Court in the land registry office (hereinafter land registry Division) governed by this law and other laws that define the real property and recording the rights associated with the consolidation of the land. ";
consider the third part of the fourth part.
2. Turn off in Chapter 2, the word "jury" (the fold).
3. Express article 31 the following: ' article 31. District (municipal) Court consists of (1) the district (City) Court in civil and administrative cases are heard by a sole judge.
(2) the district (City) Court in criminal cases are heard on a collegial basis — the judge and two court assessors.
(3) in the cases specified in the law, criminal cases are heard by a sole judge. "
4. Turn off the article 40 paragraph 3, second subparagraph, the word "jury".
5. To complement Chapter 5 of article 42.1 as follows: "article 42.1. Land Registry Office (1) the land registry at the district courts there are approaches to the land registry Department. Land Registry Department of a court.
(2) the land registry Department judges of land register records the real estate property and secure the rights associated with them. Land Registry Department judges are in district (municipal) judges certain legal status. "
6. Replace article 47 in the second paragraph the words "On 2 august 1923 in the law" on State control "renewal" with the words "State control".
7. Turn off 51, 52, 54, 56 and 109 articles, the word "Republic".
8. Make the text in article 53 the following: "The District Court judge can approve a citizen of Latvia, which has a higher education in law and at least two years ' seniority in the Economic Court judges (national arbitration arbitrator), district (City) Court judges or land registry Department judges (land registry Chief or his Deputy) or having no less than three years ' total length of service sworn advocate or higher education institutions of Justice specialties teaching in , or the Prosecutor, as well as up to 30 June 1994, the Prosecutor, the Deputy Prosecutor or Assistant Prosecutor's Office investigator post. "
9. Express article 63, the second and the third subparagraph by the following: "(2) the Minister of Justice and the Supreme Court by the President of the judges ' positive qualification to the opinion of the Board, with a common decision may be extended by the district (City) courts and regional courts judges being in position for a period of up to five years.
(3) the Supreme Court by the President of the Supreme Court judges positive qualification to the opinion of the Board, may be extended to the judges of the Supreme Court being in a position for a period of up to five years. "
10. Turn off the second part of article 65.
11. in article 71: Add to the article with a new third subparagraph by the following: "(3) the land registry Department of the mantle, but the judge does not have a land registry Department judges mark granted by the judge, upon taking office.";
consider the third part of the fourth part.
12. Express article 73 the following: ' article 73. Land Registry Department of a court and all courts of the stamp, as well as the land registry office has a seal with the national coat-of-arms in the big picture and the relevant court or land registry department name. "
13. Article 75 of the expression as follows: "article 75. District (municipal) Court judges replacement of district (City) Court judges in the temporary absence of the Minister of Justice may ask the judge to replace the Honorable Judge of the Court, judge or other administrative district (City) Court judge or lay judge, corresponding to article 52 of this law in district (City) Court judge candidate. "
14. Article 92: make the second subparagraph of paragraph 4 by the following: "4) elected by District (municipal) courts, regional courts and land registry Department judges the qualifications board;";
to supplement the article with the third part as follows: "(3) the real estate registration and the rights associated with the practices of securing up-to-date questions may convene a land registry Department judges Conference."
15. Express article 94 (2) of the following: "2) give an opinion on the district (City) courts, regional courts, the Supreme Court or land registry Department judges nominations;".
16. To supplement the law with article 95.1 as follows: "article 95.1. Land Registry Department judges ' qualification board (1) the land registry Department judges ' qualification board elected by the Conference of judges of land registry Department judges and District Court judges. At least two-thirds of the members of the College must be a land registry Department judges.
(2) the land registry Department judges the qualifications the College looking this law referred to in article 94, the issues relating to the land registry Department judges. "
17. Add to article 96 the third paragraph after the words "district (City) Court judges qualifications board" with the words "as well as the land registry Department judges the qualifications" of the College.
18. Article 98: replace the first paragraph, the words "legislative acts" with the words "the law";
adding to the article after the word "courts" (fold) with the words "as well as the land registry Department judges" (fold).
19. the supplement to chapter III section 15.1 the following: "15.1. Land Registry Office and the land registry Department judges are 98.1 article. Land Registry Department of status (1) land registry office within the court system and are created in real estate, as well as recording the rights associated with the consolidation of the land.
(2) the land registry Division of the District Court, but their knowledge of organizational control is carried out by the Ministry of Justice.
98.2 article. Land Registry Department shall consist of (1) the land registry department consists of land registry Department judges.
(2) the Chief of the section and, if necessary, his deputy from among the judges of this chapter for a period of five years shall be appointed by the Minister of Justice.
(3) if necessary, the Minister of Justice of land registry Department judges with his consent may transfer to other land registry Department.
(4) the land registry Chief manages and controls the Department's organizational work in accordance with the regulations approved by the Minister of Justice. "
20. create a section III A of the previous chapter 16 of title IV, and put the name of the title III the following: "(A) section III. The officials of the Court and judicial system outside persons ".
21. the express 16. chapter name as follows: "chapter 16. Court officials and servants ".
22. Article 106 off names and text, the word "resort".
23. the supplement title III A chapter with 16.1 the following: "16.1. The judicial system of persons belonging to the 106.1 article. Prosecutors (1) prosecutors are judicial system affiliated with officials taking part in the proceedings before the Court and carry out other duties in accordance with the law.
(2) the rights and duties of the public prosecutor in court, civil procedure, criminal procedure shall determine and the Act on administrative procedures.
(3) the activities of the Prosecutor of the public prosecutor's Office established the law.
Article 106.2. Sworn lawyers (1) sworn advocates's judicial system affiliated with individuals who provide legal assistance and carry out other duties in accordance with the law. Sworn lawyers exist at district courts.
(2) sworn lawyers participating in the case as advocates and representatives. Sworn advocate is the only Latvian Attorney Association members. Attorney rights and obligations determined by the civil courts, criminal and administrative procedure law.
(3) a foreign lawyer can be a defender and representative cases international agreements only in the cases and in the procedure.
(4) in the cases specified in the law, the rights and obligations of the lawyer is also a sworn lawyer's Assistant.
(5) the Attorney is determined by the law of the bar action.
(6) Other persons who by proxy not represented in person, the Court dismissed the lawyer's rights and obligations.
106.3 article. Sworn notaries (1) sworn notaries are persons belonging to the court system that exists at the District Court and shall perform the duties set out in the law to them. Post action sworn notaries are equated with public officials.
(2) in the cases specified in the law, sworn notary public rights and duties is also a sworn notary's Assistant.
(3) a sworn notary activity determines the notarial law. "
24. Article 107: supplement article name after the word "the" with the words "the Court and the land registry department";
make the first part as follows: "(1) the District Court, the district (municipal) courts and land registry departments of organizational management in the framework of the law disposes of the Ministry of Justice.";
to supplement the article with the third part as follows: "(3) the Ministry of Justice carried out the second part of this article contains the functions also in relation to land registry departments."
25. Article 108: Supplement 1. point after the number and the words "84." in the first paragraph with a number and the words "in the second, 98.2 in the fourth paragraph";
make paragraph 3 by the following:

"3) requests from the district (municipal) courts, regional courts or the land registry departments required messages and explanations from officials — it;"
Replace in paragraph 4, the words "district (City) courts and regional courts" with the words "district (City) courts, regional courts and land registry departments."
26. Turn off 113 and 114 of the article.
27. off in title V and title of article 125, the words "and Justice Department officials".
28. the express article 117 the second subparagraph by the following: "(2) 20 percent of government fees for proceedings before the courts and fines imposed by the Court, including the General State of the Ministry of Justice in the same revenue and used the court system development and promotion. Use of funds in the order determined by the Minister of Justice approved regulations. "
29. To supplement the law with article 120.1 as follows: "article 120.1. Premium to the land registry Department judges the base salary bonus at the base salary of the judges of the land registry Department of the qualifications of judges, the transfer class (post connect), the increase of volume of work, as well as in other cases determined by the Minister of Justice approved regulations. The premium may not be more than a judge's salary. "
30. in the Republic of Latvia in the activities of the regional territory ": make (2) of the following:" 2. the Latgale regional court (located in Rezekne): 1) award in the district, 2) 3 Daugavpils, Daugavpils district), 4), 5), Krāslava district Ludza district, 6) Preiļi district, Rezekne city, 7) 8) Rēzekne district. ";
make paragraph 5 by the following: "5. the Zemgale District Court (located in Jelgava): 1) Aizkraukle district, Bauska district), 2 3) 4) Dobele district, Jelgava City, 5) Jelgava, Jēkabpils District 6) District, Tukums District 7)."
Transitional provisions 1 to land registry Department judges the qualifications for the creation of the College of law "on judicial power" in article 94 of the functions relating to the land registry Department judges the performance of district (City) Court judges qualifications College.
2. the Cabinet of Ministers within three months from the date of entry into force of the Act shall submit a draft law on the amendments to the Judges Act, the disciplinary responsibility of judges agreed to the disciplinary accountability Act to this Act.
The Parliament adopted the law of 29 January 1997.
The President g. Ulmanis in Riga, 1997 February 13.