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Amendments To The Civil Procedure Code Of Latvia

Original Language Title: Grozījumi Latvijas Civilprocesa kodeksā

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the law has been adopted by the Parliament and the President promulgated the following laws: the amendments to the Latvian Code of civil procedure (I). Do the Latvian civil procedure code the following amendments: 1. Put the name of the article 7, first and second subparagraph by the following: ' article 7. Civil proceedings civil District (City) court appearance by a sole judge.
Civil cases in the District Court as the Court of first instance on a collegial basis — the judge and two court assessors. "
2. Turn off the 119.1 of the first paragraph of article 8, the words "and" bankruptcy ".
3. Article 242 of the expression as follows: "article 242. Application for examination of the application the Court within ten days of its receipt.
The proceedings, the Court shall examine whether: 1) of the Act provides for the following types of payment;
2) is the legal basis for natural or legal person to impose such a duty;
3) is correctly calculated the amount of the payment;
4) tax administration has followed the procedures laid down in the law, putting the taxpayer of such payments;
5) tax administration has noticed benefits, if by law the taxpayer is entitled to them;
6) is not the taxpayer paying off a tax debt (tax, the principal sum, the increase demanded unless the fine, late payment) and with respect to the taxpayer is not an authorized institution (relevant) of a valid decision on the extension of the tax or tax increase demanded unless money and late suspension (suspension);
7) decision on the collection going to the taxpayer's tax administration has accepted leader or his Deputy;
8) taxable persons in accordance with the procedure prescribed by law has not appealed the decision of the tax administration;
9) it is not possible to draw on taxpayer's recovery of funds;
description of property Act of 10) does not include the property mortgaged or seized or any property which is not executable, and can point out that there are no other obstacles relating to the removal of debtor assets.
If there is doubt as to the correctness of the calculation of the payment, it instructs the tax administration within the time fixed by the Court to carry out an inspection. The case, after the tax administration has done the conversion, or when the application for the collection of taxes by the tax administration of the higher instance.
If the taxpayer has appealed the decision of the tax administration and the complaint has not yet been dealt with, in the case of stopping the proceedings. "
4. Turn off 245 paragraph 16 of article, the words "and" bankruptcy ".
5. Make thirty-third chapter F in the following wording: "(F) the thirty-third chapter for a company (company a) insolvency 285.24 article. Jurisdiction of the Affairs of the company (the company) of the insolvency court appearance after its location (legal address).
285.25 article. Bankruptcy in the bankruptcy court may be submitted to: 1) the debtor or the debtor's liquidator (liquidation Commission);
2) secured creditor, unsecured creditor group, as well as secured creditor, if the claim is not fully supported;
3) administrator in insolvency proceedings — for the third person's debt obligations against the companies represented by the administrator (the company);
4) statutory national or local government bodies.
The application must specify at least one statutory insolvency a sign, as well as to provide evidence that confirms this, and the law "on insolvency of undertakings and companies ' documents specified.
285.26 article. Insolvency application and registration for bankruptcy court from the person on whose behalf an application is made, or the person who has the authority to which the application is submitted.
On receipt of an application, the applicant's personality test. If it is not possible to verify the identity of the applicant or the authorisation, no application shall be accepted.
Filing for bankruptcy is to be recorded in the register, in which the individual signature of the applicant and the beneficiary.
285.27 article. The decision on the initiation of insolvency proceedings or the refusal to accept a bankruptcy judge be taken no later than the day after receipt of the application to the Court, but if the application has been left without guidance, not later than the day after the expiry of the failures.
Proposing things, the Court imposed a lien on the debtor's funds in credit institutions, in the public circulation of securities and fixed assets.
At the request of the applicant, the Court imposed a lien on other property of the debtor, for if this is necessary and if the arrest did not substantially hinder the continuation of the business.
If bankruptcy is filed for the company for which the obligations of the responsible business owner with their belongings, the Court imposed a lien on all assets of the owner.
The decision on the seizure of the Court in which the credit institution in accordance with the submitted material is the debtor's account, and the Latvian central depository.
A copy of the Court decision shall also be sent to the debtor, but the third part of this article, in the cases provided for, the owner or operator of a limited partnership with a warning that things do not save in the case of the convicted person can be held criminally liable.
285.28 article. The judge's action, preparing the case for review immediately after the initiation of the court premises prominently post notice of the bankruptcy proceedings, inviting log on to parties wishing to assume the duties of administrators in insolvency proceedings.
To the judgment of the Court of Justice with a judge's decision to appoint the administrator, taking into account also the insolvency of the debtor of the applicant and, if applicable, the views expressed.
If five days for the administrator is not logged on, no candidate, judge obliged to perform administrator functions to the Registrar of companies, but if the insolvency application presented by the tax administration, tax administration concerned.
In the cases specified in the law, as an administrator, you want to invite to the privatisation Agency, the Ministry of agriculture or the City Council, County or Regional Council representative.
The administrator may not appoint a person whose appointment has statutory obstacles.
The appointment of an administrator, ask him: 1) find out the persons who, in accordance with the law on the insolvency of undertakings and companies "is representative of the debtor, and to draw up a list of such persons;
2) prepare an overview of bank accounts and that the existing debtor of the debtor's cash, fixed assets and working capital;
3) to identify property belonging to third parties, located in the debtor owned or held, and to compile a list of the property;
4) to draw up and provided a list of unsecured creditors after the debtor's accounting data;
5) to submit these items to the court proceedings.
Immediately after the appointment, the administrator shall submit to the Court a notice stating their agreement to enter into and assume statutory responsibility. A statement attached to the case.
Judge certifies administrator certificate.
285.29 article. Insolvency proceedings, the insolvency court appearance within 15 days from the date of initiation.
At the hearing the applicant asks the insolvency, debtor and administrator.
Insolvency proceedings is not allowed out of the application or amendment thereto.
In the course of the proceedings the Court checks whether there is any of the laws specified in the company's (the company) signs of insolvency.
285.30 article. Judgment of the Court in the insolvency proceedings if the Court finds any of the insolvency of the company (the company) signs it with your judgment debtor of the bankrupt shall be, and shall set the date of insolvency, bankruptcy, or proven date of actual date of insolvency. The judgment is final.
Make a judgement on the insolvency of the debtor, the court appointed administrator, and in this code in accordance with the procedure laid down in article 285.43 decides on the appointment of several administrators.
To the administrator of the debtor's representatives submitted a list of the Basic Court shall determine those representatives of the debtor required to participate in the insolvency proceedings.
At the request of the Court, the administrator can define a shortened term for the claims of creditors.
If the company (company) signs of insolvency is not found, the Court shall reject the application, at the termination of the insolvency proceedings and decide the question whether the application according to the law "on insolvency of undertakings and companies" are not recognized as unfounded or intentionally false.
Acknowledging the application to be unfounded or intentionally false, the Court shall recover from the applicant's court costs and administrator. In other cases, these costs are recoverable from the debtor.
285.31 article. The court action after the Declaration of insolvency By the judgment issued by the Court in the case of the insolvency administrator in three certified copies of the judgment with a reference to the entry into force of the judgment.
Judgment debtor representatives under judge against signature warns that:

1) they are required to attend all meetings of the creditors and the Court of session; their absence is not an obstacle for the holding of a meeting of creditors or a court hearing, but a court may recognize their appearance at the hearing and made compulsory for them to bring back forcibly;
2) they are obliged to provide to the Court, meeting of creditors and the administrator the information required;
3) them in case of change of residence within three days to notify the administrator and the new address to the Court;
4) in the event of failure to comply the obligations they shall be liable to legal liability.
At the request of the administrator judge removes the attachment to the company (the company's) property, after the administrator has accepted it in its management.
285.32 article. Court issues to be decided after the Declaration of insolvency of the debtor After the Declaration of insolvency on the basis of the application of the Court: 1) settlement approval or cancellation;
2) rescue plan approval and amendments, as well as the suspension of the restoration;
3) the commencement of bankruptcy proceedings and completion;
4) administrative expenses and debt recovery policy approval;
5) termination of the insolvency proceedings;
6) multiple administrators appointed;
7) Elimination of the resignation of the administrator and the other of the appointment of an administrator.
The Court also hears complaints about admin action, the creditors ' Committee and creditors meeting decisions, as well as decide other insolvency issues.
The Court in connection with the matter referred to in this article may require the administrator shall submit their activity reports or other information.
Applications and complaints to the Court within 15 days of their receipt. To the Court of session are invited to the complainant, or the administrator, the debtor's Court representatives and other interested parties. The absence of the person invited is not a barrier to matter for hearing. But the Court can recognize the arrival of representatives of the debtor of compulsory and ordered them to bring back forcibly.
On the application and the handling of complaints, the court decisions, which are not open to appeal. Of these decisions may lodge a protest pursuant to this code, the provisions of article 343.1.
285.33 article. The composition of the Court approving the settlement administrator at any stage of the proceedings up to the start of auction.
Along with the settlement signed by the debtor and the creditors ' meeting, elected representative, the Court also must be submitted to the meeting of creditors a copy of the decision on the conclusion of the arrangement.
If the conclusion of the arrangement of the decision taken by the creditors ' Committee, the administrator shall submit to the Court: 1) in the copy of the decision of the meeting of creditors, the creditors ' Committee which is empowered to decide questions of composition;
2) arrangement signed by the debtor and the creditors ' Committee authorized representative;
3) creditors ' Committee a copy of the decision on the conclusion of the arrangement.
The court approves the settlement, if it is concluded in accordance with the procedure laid down in the law and its rules are not illegal.
285.34 article. Composition waiver application for the abolition of the arrangement can be submitted to the administrator, vendor, vendor group or vendor meeting.
The composition of the Court will be cancelled if it is established that: 1) the conclusion of the arrangement, the provisions of the Act have been infringed;
2 conclusion of the arrangement reached) by using deceit or duress, or the law;
3) the debtor does not comply with the obligations laid down in the arrangement.
285.35 article. On a rescue plan for the approval of the decision taken by the administrator of the application the Court shall decide on the approval of the decision of the creditors meeting, which adopted a rescue plan.
The application shall be attached to the bailout plan and a copy of the decision of the meeting of creditors on a rescue plan.
If the rescue plan adopted by the Committee of creditors, to be added to the application: 1) in the copy of the decision of the meeting of creditors, the creditors ' Committee which is empowered to decide the matter;
2) rescue plan;
3) a copy of the decision of the creditors on a rescue plan.
The Court does not confirm the decision on acceptance of the restoration plan if it finds that, by adopting a rescue plan, the provisions of the law have been infringed or a bailout plan agreed by using deceit or duress, or been affected by the law.
A decision on the amendment to the recovery plan, the Court shall consider and approve, in the same order in which the approval decision on the bailout plan.
285.36 article. Decision on the bailout as the suspension of the restoration court decides upon the administrator of the application.
The application shall be attached to the meeting of creditors (creditors ' Committee) a copy of the decision on the bailout and the administrator report on the progress of the restoration.
The Court shall take a decision on the bailout, if at least one of the following facts: 1) reorganisation measures not in accordance with the approved rehabilitation plan;
2) bailout plan is not achieved within the solvency of the debtor to the extent of improvement expected;
3) rescue plan is not feasible.
Decision on reorganisation of the Court does not confirm the termination, unless you found none of the above facts, or finds that the decision reached by using deceit or duress, or been affected by the law.
285.37 article. On the commencement of bankruptcy proceedings for approval of the decision taken By the administrator of the application the Court shall decide on the approval of the decision of the creditors meeting, which decided to initiate bankruptcy proceedings.
The application shall be attached to the copy of the minutes of the meeting of creditors with a decision on the commencement of bankruptcy proceedings or the creditors ' Committee a copy of the decision, if it has been authorized to decide this question. If the creditors ' meeting has voted for this decision, but from a meeting of creditors that do not have the option of a judicial settlement or insolvency or composition or offered the option of settlement rehabilitation project or remediation plan is rejected, or the decision on the suspension of the restoration, not accepting other insolvency solutions, considered that the decision has been taken on the commencement of bankruptcy proceedings.
The Court does not approve the decision on the commencement of bankruptcy proceedings, if it is established that it was in violation of the provisions of the law, or adoption achieved by using deceit or duress, or been affected by the law.
285.38 article. On administration costs and debt recovery procedures for the approval of the decision taken by the administrator of the application the Court shall decide on the approval of the decision which established the administration costs and debt recovery procedures.
The application shall be attached to the relevant decision of the meeting of creditors, or the creditors ' Committee a copy of a copy of the decision, if it has been authorized to decide this question, and the documents certifying the costs of administration.
If the Court finds that a meeting of creditors (creditors ' Committee) in certain administrative expenses and debt settlement arrangements do not comply with the law, it does not confirm the decision and adopt a decision which determines the administration costs and debt recovery procedure, at the same time, if necessary, decide on the question of unreasonable administration costs of administrator security.
285.39 article. Decision on the completion of bankruptcy procedures On the completion of the bankruptcy court decides upon the administrator of the application.
To be added to the application documents, which certify money to creditors, and the meeting of creditors (creditors ' Committee) decision or a copy of the evidence that the final meeting of creditors convened was not successful.
At the same time, the Court shall decide on the termination of the insolvency proceedings.
After the decision of the Court shall receive from the administrator in his certificate and seal and destroy them.
285.40 article. Complaints about decisions of the meeting of creditors, the Administrator may submit a complaint against any decision of the creditors ' meeting.
The willing vendor or vendor group, you can submit a complaint about a vendor meeting the decision recognised or rejected a claim by the vendor within two weeks from the date of the creditors ' meeting or the date of the vendor that vendor has not participated in the meeting, announced its decision.
The creditors ' meeting decision on a recognition of the claim of the creditor or rejection, if the court annuls the decision adopted without sufficient legal basis.
The willing vendor or group of vendors can appeal against the decision of a creditors ' meeting on restoration.
The Court annulled that decision if it finds that its adoption agreed, using deceit or duress, or been affected by the law.
285.41 article. Complaints about the decisions of the Committee of creditors, the Court administrator's complaints about the decisions of the Committee of creditors, if the complaint pending before the meeting of creditors.
If the Court accepts the appeal against the decision on the unlawful, it satisfies the complaint and ask the creditor committee to prevent the infringement.
If the Court finds that the contested decision is illegal, its complaint rejected.
285.42 article. Complaints about Admin behaviour the Court creditors meeting complaints about Admin actions, if the complaint is lodged by an administrator and he two weeks has not given an answer to the complaint or is rejected it.
The Court shall consider the creditors ' Committee complaints about Admin actions, if a complaint pending before the meeting of creditors.
Court hears any creditor or debtor's complaint about Admin actions, if: 1) complaint filed to the administrator and he two weeks has not given an answer or is rejected it;

2) vendor meeting refused to appeal to the Court administrator.
In considering the complaint, the Court may require the administrator's activity report and decide on his removal.
If the Court accepts the appeal action on illegal, it satisfies the complaint and ask an administrator to fix the irregularity.
If the Court finds that the action is a legitimate appeal, it rejected the complaint.
285.43 article. Multiple administrators appointed taking into account the amount of the debtor's property and the nature of the request by the administrator, the creditors ' Committee or the decision of the creditors ' meeting, the Court can appoint more administrators in determining their functions and mutual accountability.
To any administrator candidate subject to the restrictions laid down in the law.
Each appointed administrator submitted to the Court referred to in article 285.28 this code statement and the judge declares his licence.
285.44 article. Decision on the resignation of the administrator or the Court accepts the resignation of the administrator, if the administrator shall submit a reasoned application, accompanied his performance review.
The Court meeting of creditors, or the creditors ' Committee passes a motion of censure against the administrator and they will be cancelled if it is established that an administrator: 1) unable to perform their duties due to restrictions laid down in the law;
2) has no jurisdiction;
3) abuse their powers.
Accepting the resignation of the administrator or the cancelling of this code, the Court of Justice in accordance with the procedure laid down in article 285.28 invited to apply for candidates for the Office of the administrator, if the creditors ' meeting is not recommended by your administrator candidate.
Administrator appointed by the Court pursuant to this code, the thirty-third chapter F.
285.45 article. Decision on termination of the insolvency proceedings On termination of the insolvency proceedings may submit an application to the administrator, but the third part 1 and 2 in the case provided for in paragraph 1, the debtor.
The application that you want to add to evidence of debtor's solvency renewal, but also to be added to the administrator's application in the relevant decision of the meeting of creditors written off or evidence that the final meeting of creditors convened was not successful.
The Court shall decide on the termination of the insolvency proceedings, if it finds that: 1) the debtor has fulfilled all its obligations;
2) the debtor has fulfilled all its obligations for which the due date and after the liquidation of its assets exceeds the remaining amount of the debt;
3) advertised claims of creditors in the sign-up deadline is not logged on, no creditor.
Termination of the insolvency proceedings, the Court received from the administrator of his certificate and seal and destroy them. "
6. Put the name of the fourth section A as follows: "(A) the fourth section. Commitment to the enforcement of coercive and non-litigious real estate auction sale first in court. "
7. Replace the words "in article by 344.4 debtor's place of residence" by the words "at the debtor's place of residence or location (legal address)".
8. Make the third paragraph of article 344.6 point 2 as follows: "2) document on State duty payment in the amount of one percent."
9. To supplement the code with the 37th chapter of B by the following: "(B) thirty-seventh chapter of the real estate sales of voluntary auction in court, article 344.9. Jurisdiction application for real estate sale auction willingly in court must be submitted to the district (municipal) Court at the location of the immovable property.
344.10 article. Application for real estate sale auction voluntary court application for real estate sale auction willingly in court can be submitted to the owner or the pledge that workers have the right to sell the mortgage for free.
Application for real estate sale auction willingly in court a certified true copy of the plug-in from the land registry of the partitions and the sales conditions, but if the application was lodged by the mortgage, the mortgage contract, also written off.
Sales conditions: 1) the real property being sold;
2) real property burdens and pledges;
3) auction starting price;
4) nosolīt highest price and method of payment;
5) real property where the owner reserves;
6) conditions of sale that the seller considers necessary.
344.11 article. The judge's decision, the judge takes a decision to authorise the sale of the auction, if he is satisfied that the real estate owned by the applicant or the pledge to the debtor and the mortgage is the right to sell the property for free price, as well as the fact that there is no legal obstacles to the sale of this property to the conditions specified in the application.
344.12 article. Auction order sales auction takes place in accordance with the procedure laid down in this code, subject to the civil law, 2083, 2084 2075..., 2087, 2089 and 2090.. the provisions of article and the following conditions: 1) the real property described and evaluated only when requested by the person on whose application the sale takes place;
2) indicated in the advertisement conditions of sale, as well as the fact that the sale is voluntary;
3) start by reading the auction terms of sale;
4) at the request of the applicant the auction may also have occurred if arrived only one buyer;
5) If after the sale conditions nosolīt highest price depends on acceptance of the seller and he same or within the time specified by the Court, it has not been, recognized that he tacitly consented to the highest price, nosolīt.
344.13 article. Documents to be served to the buyer real estate buyer, when he completed all conditions of sale, the Court shall issue a decision on the approval of the auction, as well as conditions of sale and auction acts, which are valid for the consolidation of the land property right. "
10. To supplement the article with 369 paragraph 8 by the following: ' 8) If a company described in (the company's) balance sheet value of the assets is less than the amount of the debt. "
11. Supplement article 372 of the first part of paragraph 6 by the following: "6) if the law of a decision on the liquidation of the company (the company) or a privatisation or an undertaking (company) declared insolvent."
12. Express 417. the second subparagraph by the following: "the State and local government debt, which is the Organization State or municipal budget authority, if such debts cannot be covered at the expense of them, shall be borne by the State or local budget resources."
13. Express article 418 as follows: "418. article. Focusing on the company's recovery (host-society), institutions and organizations in the business (company) Already, also a farmer or fisherman's farm (hereinafter referred to as the company), institution or body does not have enough money of the debt, the creditor's request, the drive may be directed to the property of the debtor.
Drive first subjected to a property which is not the main thing, its essential part or accessory. If this property is not or does not have enough enforcement, subjected to drive the enterprise as a whole or, with the consent of the owner — to separate things. Without the owner's consent to the company's composition in the things you can bring to the drive where the debt is recovered, secured with these things.
The composition of the company as the main thing, its essential parts or accessories include land, industrial buildings (structures) and outbuildings (warehouses, pumping stations, etc.), the production of necessary tools, machinery and other production equipment, raw materials, work in existing products.
Property description, measurable and selling auction this code in chapter thirty-ninth in the order, with the exceptions and additions specified in this article, the fifth and sixth subparagraphs.
Description of the company's assets as a whole, the legislation to be added to the description of the company's vendor list by accounting data, indicating the name of the vendor and the name, address, amount and period of performance.
The company generally sell at auction real estate auction rules. The auction, announced, in addition to the advertisement of this code the particulars laid down in article 392 also displays the total amount transferable with the enterprise. "
II. Do the Latvian civil procedure code in annex 3 of the "Charter" for the following amendments: 14. Replace article 3, the word "the" with the words "the arbitral tribunal for the examination of a particular dispute".
15. Article 5: Supplement 1. paragraph after the words "place of residence" by the words "or the location (address)";
make paragraph 3 by the following: "3) full name of the arbitrator or arbitration board running constantly name;";
4. turn off the point.
16. Supplement article 6, after the words "opt out of the agreement" with the words "or to sign up for the rejection of the judge".
17. Make article 9 as follows: "article 9. Parties to the agreement on the transfer of the dispute to arbitration, is not entitled to refuse from it, if the Treaty is not amended by the parties. "
18. Add to article 10, the words "or when a party refuses to provide explanations".
19. Turn off the article 11.
20. Make article 15 the following: ' article 15. The judgment declaring the hearing and issue a duplicate (sends) the parties within the time-limits laid down in the rules of court. "

21. Supplement article 16 with the words "but constantly functioning arbitration court documents remain in the possession thereof".
22. the express article 17 as follows: "article 17. The arbitration judgment not satisfied voluntarily, can be executed, based on the implementation of articles, issued by the request of the party concerned, district (City) Court at the location of the Arbitration Board. Request plug-in: 1) arbitral judgment or approved it true;
2) document that States parties written agreement on transfer of dispute to arbitration.
The question of the issue of the Executive written by District (City) court decide in open court within five days of receipt of the application. On hearing the Court shall notify the interested parties. "
23. the express article 18 as follows: "article 18. When issuing the Executive article, judge checks, making the arbitration judgment is not a breach of the agreement of the parties or the provisions of this Statute. "
Transitional provision until such time as a court procedures, a court case under consideration for recognition of bankrupt credit institutions (in liquidation), these things are pending litigation order, subject to the thirty-third in this code, the provisions of chapter F and the provisions of the law of credit institutions. The court approves the liquidator of credit reports on the progress and completion of liquidation, as well as complaints about the claims of the creditors of the rejection of this code in accordance with the procedure laid down in article 285.32.
The law shall enter into force on the day following its promulgation.
The law adopted by the Parliament in 1996 on October 3.
In 1996, 11 October President g. Ulmanis