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Amendments To The Civil Procedure Code Of Latvia

Original Language Title: Grozījumi Latvijas Civilprocesa kodeksā

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The Saeima has adopted and promulgated by the President of such a law amendment to the civil procedure code of Latvia, i. make the Latvian civil procedure code the following amendments: 1. Express article 1 by the following: "article 1. The law of civil procedure in civil matters in the courts of the Republic of Latvia shall determine the civil procedure code of Latvia and the Republic of Latvia, to other existing laws.
Civil procedure law determines the procedure for the examination of the case in disputes arising from civil, family and labour relations matters arising from administrative legal relations, and special litigation procedures.
Things that arise from administrative legal relations, and special procedures for litigation cases, except certain statutory exceptions, the following general rules of litigation. "
2. Turn off the article.
3. To make article 3 first paragraph as follows: "in Civil Proceedings is determined by this law."
4. Put article 5, first paragraph, point 3 as follows: "3) at the national or local authorities or by the application of the person, jātai by law is entitled to assert the rights of others, or to protect the interests of the law."
5. To make article 6 by the following: "article 6. Jurisdiction in civil matters under the jurisdiction of the civil court shall only be performed pursuant to the principle that all persons are equal before the law and the courts. "
6. turn off in article 8 the word "Socialist".
7. Express article 10 by the following: ' article 10. The hearing in the civil courts of the openness of the open.
The Court's courtroom will not let people under the age of 15 years, if they are not parties or witnesses.
After the Court decision motivated civil can be dealt with in a closed hearing, not to divulge the intīmo circumstances of life, as well as to ensure adoption, service, manufacturing, professional or commercial secrets.
In a closed hearing, the participating parties, but, if necessary, also for experts, interpreters and witnesses.
Case closed appearance at the hearing, subject to any rules of court proceedings. A court ruling declaring the public always. "
8. To make article 14, the first paragraph by the following: "Court judgment or decision entered into force, have the force of law, it is mandatory and enforceable throughout the country."
9. in article 17: make a fifth by the following: "the judge or lay judge who disagrees with the decision of the majority, can be expressed in writing their individual thoughts, which adds to the case, but the court notifies them."; turn off the sixth.
10. Express article 20 the following: "article 20. Not permissible for the judge repeatedly to participate in proceedings before the judge or lay judge who participated in the proceedings before the Court of first instance may not participate in the examination of this case on appeal or cassation instance court that will not participate in the new case before the Court of first instance, if the judgment drawn up, his participation is cancelled.
The judge who participated in the hearing of the appeal or cassation instance may not participate in the consideration of this case at the Court of first instance or appellate court. "
11. Turn article 22.
12. Express article 23, first subparagraph as follows: "If this code is 19. — Article 21 contains conditions the judge, lay judge, Prosecutor, trial Secretary, expert and interpreter itself must be abandoned."
13. Express article 25 the following: "article 25. Applied effect of satisfaction If for rejection rejected judge, lay judge or judicial composition, all the case the same court in another composition.
If the judge rejected the case alone, the case is heard in the same court, but another judge.
If you create a new composition of the Court the Court concerned is not possible, the case to another district (municipal) Court or to another district court.
If the rejection of the judge or lay judge shall apply in the course of the proceedings, applied in the case of refusal to satisfy the trial must start from the beginning.
If, after the judge, lay judge, Prosecutor, trial Secretary, expert or interpreter of rejection of acceptance to replace the rejected at the same hearing is not possible, the proceedings should be suspended. "
14. Article 30 of the expression as follows: "article 30. Persons participating in the case, the persons participating in the case, (the parties) are: the parties, third parties, the parties and third parties, the representatives of the public prosecutor, the people participating in the process to this code 5 and specified in article 42 basis; applicants and interested parties and 245 this code 228. cases referred to in the article. "
15. Express article 32 the following: ' article 32. In civil procedure legal ability to obtain rights and obligations in civil procedure (legal civil procedure) shall be equal to all natural and legal persons ".
16. Article 33 of the expression as follows: "article 33. Capacity of civil procedure's ability to exercise procedural rights and perform the obligations (capacity of civil procedure) is a minor natural persons and legal entities.
Natural persons aged between 15 and 18 years of age and legally competent person limited things the Court brought him a legal representatives (parents, adoptive parent, guardian, guardian), however, in such cases, the Court should be invited to participate with the people themselves.
The natural persons who have not reached the age of 15, or recognised as incapacitated, the Court led the person to the statutory representatives.
In the cases specified in the law, minors are entitled to independently exercise their procedural rights and perform the obligations. In such cases, at the discretion of the Court may invite that person to the legal representatives to provide them assistance in the conduct of the case. "
17. Article 34 be expressed as follows: "article 34. Parties in civil procedure for the parties, the claimant or the respondent, may be any natural or legal person.
The person on whose behalf the case launched after prosecutors, State or local authorities or by the application of the person, if it is legally entitled to assert rights and interests protected by law, a court announces launch of the process, and it is participating in the case as plaintiff.
The parties have equal procedural rights. "
18. off article 39.
19. the express article 40 the first part as follows: "if one of the parties or of the judgment in question legal relations established in the leaves (an individual's death, a legal person, the assignment of the claim, the liability of the roll), the Court permitted to replace that half its successor. The transfer of rights is possible at any stage of the proceedings. "
20. Supplement article 41, second subparagraph, the words "as well as in cases when during the Prosecutor's examination, it is found in breach of the law". 21. Article 42 of the expression by the following: ' article 42. State and local government institutions and individuals participate in the process of defending the rights of other persons in the cases provided for in the law, State and local authorities and individuals can submit an application to the Court to defend the rights and interests protected by law.
The Court may, in the cases provided for by law to participate in the process, to call upon State and local authorities, within their competence, to give opinions and defend rights and interests protected by law.
The authorities specified in this article and people can get acquainted with the materials of the case, sign up for a rejection, give explanations, submit evidence, participate in the verification of evidence, to submit requests, and do other statutory procedural actions.
The specified institutions and the abandonment of the application, which they submitted in accordance with the first paragraph of this article, does not deprive a person of interest for the protection application is filed, the right to ask the Court to consider the merits of the case. " 22. Article 43 be worded as follows: "article 43. Bringing a case to representatives, individuals own things in court can take themselves or by agents. The participation of such persons in case does not deprive them of the right to invite a case representative.
Case of legal persons, the Court led it managers who work in the law, the statutes or regulations of the framework of the powers conferred on it by, or by their representatives.
The head of a legal person shall submit to the Court a document showing his professional status or powers.
Legal persons that are not provided by the led "to a representative of a legal person to appear at the hearing, the Court may impose a fine of up to fifty lats."
23. Article 44 of the expression by the following: ' article 44. The people who can be on the Court for the representatives representatives in court can be: 1) sworn advocates;
2) employees of legal persons — this person matters, as well as in the cases provided for by law, the rights of other persons protected by the law and advocacy;
3) State and local government workers, if they are granted the right by law to defend the rights of others, or to protect the interests of the law;
4) one of the tasks of other contributors of contributors (article 36);
5) natural persons of the court hearing the case, according to law pielaidus as agents in this case. "
24. the express article 45 as follows: "article 45. Representative design representative of the written power of attorney.
Sworn advocate's authorisation of the warrant.

Article 44 of this code (4) and (5) the mandate of the representative specified in pilnvardevēj to the court hearing the application may also be expressed as a minimum a writable the minutes of the hearing. Natural person powers certifies in writing before a notary. "
25. Turn off article 46, second paragraph, the words "member of the Court or".
26. Express article 48 the following: ' article 48. Persons who may not be on the Court for the representatives representatives in court cannot be a person who: 1) have not reached 18 years of age;
2) is located in custody or guardianship.
Representatives of the Court cannot be a person excluded from the Bar Association, — article 44 of this code provided for in paragraph 5.
Of representatives in court may not be a lawyer in the tasks of providing legal aid in breach of the statutory rules of the bar.
The judges, investigators and prosecutors may not be for the representatives in court, except when they insisted in the process as the parents (adoptive), guardian and protector, as with as the Court or the prosecution body. "
27. Express article 49 as follows: "article 49. The legal representatives of a person incapable of action and their rights and interests protected by law, which does not have full legal capacity or recognized as incapacitated, the Court limited the defending this person (adoptive) parents, guardians or guardian submitting court documents certifying their powers.
In a case in which a person must participate in recognized as went away, as the representative of the person presenting at patron who appointed went away for safekeeping and managing the property.
In case you want to take part in the deceased's heir or heirs of a person who the declared dead when heritage I have not assumed, there's heritage as a patron of the legal person, who appointed a succession of guarding and managing property.
In the cases provided for in this article, statutory representatives may ask the Court of Justice in the handling of the case, which they have chosen as a representative.
Legal representatives shall be represented in the name of all procedural actions enforcement rights of which belong to the application of the law represented the limits. "
28. off 55. in the first paragraph, the word "Socialist".
29. To exclude the second subparagraph of article 56(1).
30. Article 63: turn off third and fourth paragraph, the words "Republic";
replace the sixth paragraph, the words "up to seven thousand rubles" with the words "climbed fifty lats."
31. Article 65: make the second paragraph as follows: "the Court is entitled izprasī written evidence of all legal and natural persons. ';
to make the fourth subparagraph by the following: "legal or natural persons not participating in the case and that it is not possible to submit the required written evidence or to submit it within the time limit fixed by the Court, must notify the Court with reasons.";
express the sixth follows: "this claim execution is mandatory for all natural and legal persons".
32. Article 66 of the expression by the following: ' article 66. Responsibility for the written evidence submission If not for reasons which the Court held to be justified, the judge is not satisfied the request to submit written evidence in civil matters, as well as the following for the same reasons the Court has stated that it is not possible to submit the required written evidence, the head of the legal person and the natural person, the Court may impose a fine of up to a hundred lats. Punishment with a fine does not release from the obligation to submit written evidence requested of the Court. "
33. Article 70: make the second paragraph as follows: "trace evidence which the Court of the natural or legal persons, sent directly to the Court.";
make the third paragraph as follows: "a natural or legal person not participating in the case and that it is not possible to submit the requested articles or submit it within the time limit fixed by the Court, must notify the Court with reasons.";
to make a fifth by the following: "this claim execution is mandatory for all physical and legal persons."
34. Article 71 of the expression as follows: "article 71. The responsibility for the failure to submit the evidence If, for reasons which the Court held to be justified, the judge is not satisfied the request to submit new evidence in civil matters, as well as the following for the same reasons the Court has stated that it is not possible to submit the required evidence exhibits, the head of the legal person and the natural person, the Court may impose a fine of up to a hundred lats. Punishment with a fine does not release from the obligation to submit requested of the Court. "
35. Article 73 of the expression by the following: ' article 73. Perishables evidential view perishables exhibits evidence review court, on notice to the parties. After viewing these exhibits evidence be returned to the person from whom they received. "
36. To make 74. the second subparagraph by the following: "trace evidence which by law or a court judgment shall give to the parties or the persons from whom they received, the Court shall refer the relevant national authorities."
37. Article 76: replace the fifth paragraph, the words "up to seven thousand rubles" with the words "up to fifty lats";
turn off the sixth and seventh paragraph, the word "Republic".
38. Article 81, first paragraph: replace paragraph 3, the word "alimony" with the word "maintenance";
make paragraph 9 by the following: "9) claims for property rights to buildings belonging to natural persons, — the building value, but not less than the value of the inventory; the buildings that belong to legal entities – not less than the balance assessment; ".
39. Article 83: turn off the second part;
consider the third and fourth, respectively, on the second and third;
to make the third part as follows: "the State fee refunded provided that the application for refund was filed in court during the year, since the amount of contributions to the budget. Application to the Court within 15 days. "
40. Replace the second paragraph of article 87, the words "Latvian SSR Council of Ministers" with the words "Cabinet".
41. Article 88 of the expression as follows: "article 88. Exemption from payment of the costs of the payment of the costs of national income are exempt: 1) to the applicant, claims for the recovery of wages and other claims arising from the legal relationship of employment;
2) applicant: claims for recovery of maintenance;
3 applicants: requirements personal) injury, which resulted in mutilation or other damage to health or death occurred;
4) social assistance and social insurance institutions — requirements for the unduly paid pension benefits or recovery; the social insurance institution, the recourse for victims insured persons to the recovery of amounts paid in error;
5) — claims for claimants crime caused material loss;
6) party — in disputes related to compensation for damage that natural person wronged by unlawful conviction, unlawful criminal prosecution, unlawful preventive or administrative penalty-arrest illegal taxation;
7) parties — matters arising from administrative legal relations;
8 financial institutions-on) application to the Court of Justice in the particular case of the litigation;
9) — applicant spouse, as well as first-and second-degree relatives — part of the inheritance certificate of succession of privatisation;
10) prosecutors, State and local authorities or persons who by law to granted rights to defend rights and interests protected by law (art. 5 and 42).
If the Prosecutor, State or municipal authority, the persons entitled by law to defend the rights and interests protected by the law, waive application made by another person, but that person require a hearing on the merits, the court costs should be paid by the General rules.
Parties exempt from payment of the costs of national income with in other cases provided for by law.
The Court or the judge, subject to the physical assets of the person, is entitled to release it from the payment of the costs of national income. "
42. in article 89: replace the first part of the word "citizens" with the words "natural person";
to supplement the article with the second part as follows: "After the applicant or its representative, the application was motivated the Court or the judge may defer income the State recovered court fees payment, divide it or cut to within a hundred lats also in cases where a claim brought by an undertaking (company) interest, declared insolvent or bankrupt, or against such a company (the company)."
43. Article 90: replace the second paragraph, the word "appeal" with the word "appeal";
turn off third and fourth.
44. Article 91: make the first part as follows: "the party of good judgment, the Court ordered the costs from the other side of the Attorney's assistance, paid, who participated in the case, to five percent from claims satisfied, but not higher than the sworn advocate's remuneration rates.";
make the second paragraph by the following:

"If, in accordance with the established procedure, a lawyer for a party provided free of charge, the Court shall recover the amount of a good lawyer or a public income.";
to make a fifth as follows: "the provisions of this article shall apply to the expenditure for payment of the lawyer who challenged the appeal or cassation instance."
45. the express 94 the first part of the article as follows: "to fully or partially Rejected the Prosecutor's, State and local authorities or persons, which by law to granted rights to defend rights and interests protected by law, the defendant shall be reimbursed from the budget of his court costs in full or in part, in proportion to its claims in which the claimant refused."
46. the express article 97 in the third part as follows: "officials imposed fines recovered from their personal funds."
47. the express article 106 of the third part as follows: "the summons is served on the person invited or called to the address, specified by the party or other person participating in the case. If, after the Court announced the address of the natural person is not present, the summons may be dispatched to its jobs. "
48. Article 109 of the expression by the following: ' article 109. The subpoenas issued summons to the summoned person invited or served personally against signature, which referred back to the Court.
A legal person shall be issued a summons addressed to the employee against a signature or sent by post to the registered post at the address of the legal person.
In addition, the parties may invite or summon to court with the telegram, whose signature issue for or against the invited person, as well as the called party may invite, by sending notice via fax.
If the summons supplier finds the addressee at his residence, the summons shall be issued to any of the living, together with the distribution of adult family members. If the supplier does not face a summons, summons of recipients left the administration of the transfer of jobs to the addressee. In those cases the consignee summonses summonses signature part, indicate your name and surname, as well as relations with the recipient or title and without delay, as soon as possible, to be served the summons.
If invited to the Court or a person is called a temporary absence or its location is not known, a summons for the supplier tag for a signature part of the summons. In this part of the summons tells the supplier will also indicate where they left the recipient, and the time when the expected his return, if the summons to the supplier, or have found out that the recipient's location is unknown.
At the time of issuing the summons to be served the summons part of the signature, which referred back to the Court. "
49. Article 110 of the expression by the following: ' article 110. Consequences of refusal to accept the summons If the addressee refuses to accept the summons, the supplier shall carry out the appropriate markup, which referred back to the court summons.
Refusal to accept the summons shall not be an impediment to the proceedings. "
50. Replace article 111, second paragraph, the words "three thousand rubles" with the words "fifty lats."
51. Article 112 of the expression as follows: "article 112. The defendant, not the location of the zināmīb if the defendant's actual location is unknown, the Court shall at the hearing after it has received the summons with the appropriate tag and decreed a Latvian newspaper "journal" invitation to the defendant to attend its prescribed time, indicating that in case things can be dealt with without the defendant. "
52. Article 113 of the expression as follows: "article 113. Search the defendant if his location is unknown if you do not know the location of the defendant's recovery of maintenance cases and in cases of personal injury, which resulted in mutilation or other damage to health or death occurred, the judge shall issue a search of the defendant with the police authorities.
Taking into account the specific circumstances of the case, the Court (judge) is entitled to promulgate the defendant's search also in other cases. "
53. in the second paragraph of article 115: make paragraph 10 by the following: ' 10) participating in State and local authorities a short opinion content; "
express the following paragraph 13: "13) news about content and appeal of the judgment order and advocacy of the period, as with news about it when things can get acquainted with the participants motivated."
54. Article 117 of the express to a third part of the fourth sentence as follows: "If you can't provide the same composition, of the Court of Justice of the sitting President and one lay judge or referee must be from the composition that participated in the proceedings."
121. Article 55. off the word "organ" and replace the words "location" with the word "address".
56. in article 122: make the second paragraph as follows: "a claim against a defendant who is not resident in Latvia, may bring upon his property location or at his last known place of residence in Latvia.";
replace the fourth subparagraph, the word "alimony" with the word "maintenance"; to make a fifth as follows: "the requirements of personal injury, which resulted in mutilation or other damage to health or death occurred, the plaintiff may bring of their place of residence or at the place of the loss suffered." express the sixth follows: "requirements for natural or legal persons for compensation of loss caused to property may be brought by the loss suffered by the site."
57. Article 128 of the turn.
58. in article 133: turn off the second part;
consider the third, fourth, fifth, sixth and seventh respectively on the part of the second, third, fourth, fifth and sixth;
turn off the old point 5 of part three.
59. Article 138: make the first part of paragraph 5 and 6 as paragraph 5 by the following: "5) recovery after suspension of Executive documents.";
replace the third paragraph, the words "five thousand rubles" with the words "two hundred and fifty lats";
turn off the fourth part;
consider the fifth the fourth part and express it as follows: "on the arrest of the defendant's property maintenance requirements and the requirements of personal injury, which resulted in mutilation or other damage to health or death occurred, claims the amount of the provision is determined by payment of the amount due the plaintiff, however, this amount shall not exceed the amount of the payments over three years."
60. the express 145. the second subparagraph by the following: "the judge preparing the case for trial, singlehandedly carried out the following activities: 1), the applicant claims, questioned about the essence and potential defendant's objections, the applicant to submit further evidence, explaining his procedural rights and obligations;
2) if necessary, call the defendant interrogated him about the circumstances of the case, find out what the opposition is against the requirements and what evidence these objections can be approved; especially in complex cases the defendant to submit written explanations, explaining his procedural rights and obligations;
3) decide the issue of inviting third parties or leave to intervene and question its application of article l and paragraph 2;
4) explain to the parties their right to apply to the arbitration, to settle the dispute, and the consequences of this procedural actions;
5) in the cases specified in the law, decide the issue of the Prosecutor, sworn advocate or State and local authorities participating in the proceedings;
6) found that is interested in the outcome of the case, which is not the case, invited to notify them about the case and about the time of the hearing;
7 decide question of witness) calls on the Court of session or for their questioning of article 63 of this code to the procedure laid down in the fifth subparagraph;
8) required from natural and legal persons written and exhibits evidence or issued to the persons participating in the case, a document that they receive this evidence for submission to court;
9) decide the issue of expertise, subject to the determination of the parties participating in the case;
10) in cases of urgency do reviews on the site, notice to the persons participating in the case;
11) sent to the other courts of Justice;
12) issue of proceedings decide to solely or collegial Court. "
61. Article 149 of the turn.
62. Replace article 151 in the third paragraph, the word "citizens" with the words "natural person".
63. Article 152: replace the second paragraph, the word "citizens" with the words "natural person" and the words "victims, civil plaintiffs, civil defendants or as to the persons participating in the civil case, expert, specialist" with the words "the parties, expert";
replace the third paragraph, the word "lawyer" with the words "certified Attorney" and the words "Bureau" of the bar, with the words "Attorney" to the Council.
64. off 157. in the first paragraph, "public organization or labour collective representative".
65. Article 158 off ' or members ' Court ".
66. Article 161: replace the first paragraph, the words "the summons issued" by the words "duly notified of the trial date and place";
replace the third paragraph, the words "seven thousand rubles" with the words "one hundred lats"; in the fourth paragraph, replace the words "Bureau" of the bar with the words "Attorney" to the Council.
67. Replace article 162, first paragraph, the words "seven thousand rubles" with the words "one hundred lats."

68. Replace article 163 the word "alimony" with the word "maintenance" and the words "seven thousand rubles" — with the words "one hundred lats."
69. Replace article 164 in the second paragraph, the words "seven thousand rubles" with the words "fifty lats."
70. the express article 165, first paragraph, second sentence by the following: ' in the cases provided for in the civil code, the divorce court hearing for the purpose of reconciliation of the spouses at the time limits of three to six months. "
71. To make the first paragraph of article 169 of the second sentence as follows: "the Prosecutor, State and local authorities or persons who by law to granted rights to defend rights and interests protected by law, provide explanations first."
72. Replace article 175, third paragraph, the word "sixteen" by the word "fifteen".
73. Replace article naming and 178 in the text the word "citizens" with the words "natural person".
74. Express article 179 of the third paragraph as follows: "If the Court concludes that the document is forged, the adjudicating the merits of such documents off of evidence and shall notify the Prosecutor of counterfeits."
75. Article 184, the following expression: "184. article. State and local authorities ' opinion To State and local authorities, which recruited to participate in the court process, read at the hearing; then the Court and persons participating in the case, you can ask the authorities to clarify the matter and supplement the opinion. "
76. off article 185.
77. in article 187: make the third and fourth part of this version: "the public prosecutor, the State or local body or persons who, under the law in court, referrals by to defend the rights and interests protected by law," the Court debate first.
The State and local authorities, which recruited to participate in the court process, the debate pushed by the parties and third parties. ';
turn off the fifth.
78. off 197. article.
79. Article 201 be expressed as follows: "article 201. Judgment for recovery of the amount of money the Court, making judgments about the amount of money drive, the operative part of the judgment indicates the nature of the claim and the amount recovered in dollars. "
80. To make 209. the third paragraph of article as follows: "If the case started a Prosecutor, State or local government authority or a person who is entitled by law to defend the rights and interests protected by the law, then the legal entry into force of the judgment is required in the interest of the person whose case has been initiated."
81. In expressing 216. article as follows: "article 216. Obligation of the Court to stay the proceedings for the court proceedings to be suspended if: 1) natural person died or run out of the legal person who is a party to the case or a third party with an independent claim, and if the disputed legal relationship allows transfer of rights;
2) party or third person lost capacity;
3) half or third party severe incurable illness, age or disability in General could not participate in the proceedings;
4) case is not possible until you draw the other thing to consider civil, criminal or administrative procedure. " 82. Article 217 of the expression as follows: "article 217. The right of the Court to stay the proceedings in the Court of the parties or on its own initiative, may suspend the proceedings if: 1) party or a third party with an independent claim is in prolonged missions or involved in the enforcement of any State outside Latvia;
2 the defendant advertised search);
3) half or a third party with an independent claim for health reasons could not participate in the proceedings;
4) the Court shall determine the expertise. "
83. Article 218 of the expression as follows: "article 218. The period of a stay of proceedings, the proceedings are suspended: 1) this code 216. paragraph 1 of article, while in the cases provided for in the place of the withdrawing party will not set its successor or a legal representative appointed;
2) 216 of this code in article — as in the cases provided for in the action the person unable to not be appointed legal representative;
3. Article 216 of this code) (3) in the cases provided for in the Court — until the period set by the representation of the design;
216. This code 4) article to the cases provided for in the final into a judgment of the Court in civil or criminal proceedings or decision or pending a decision in the case, which is being heard in the administrative procedure;
5) 217 of this code in the cases provided for in article — until fallen the circumstances mentioned in this article, or to the defendant to be found. " 84. Article 221: turn off paragraph 6;
make paragraph 8 by the following;
"8) If for the contested legislation does not allow transfer of the rights of its fiziskl in the death of a person or a legal person, which was the case one of the parties." 85. Article 227 of the expression as follows: "article 227. The Court's decision next If, in proceedings for infringement of the law established by the Court is entitled to take a decision, the next sent to the institution concerned, which must notify the Court within one month of the measures taken.
The official, who was not in Court next to the decision or act to prevent the offences referred to therein, as well as time does not give the answer to the next decision, the Court can impose a fine of up to a hundred lats. La Court, civil or a complaint about the Government or local government authority or unlawful actions by officials that a person's right hand, discovered officer or other person in possession of the crime characteristics, it shall notify the public prosecutor.
The Court's decision may be appealed to the next person to whom the decision relates, and the Prosecutor may submit a protest. "
86.228. in the first subparagraph of paragraph 1: turn off the word "citizens";
Replace in paragraph 2, the words "organs" with the word "institution".
87. in article 229 off the words "SOVIET SOCIALIST REPUBLIC and the Union", article in 88.233: turn off the second and third paragraphs;
believe the current quarter on the second part.
89. Replace twenty fourth chapter name, the words "organs and" with the words "and of the institutions".
90. To replace the words "in Article 235 for the organ" (fold) with the word "institution" (fold).
91. To replace the words "in article 236 of the organs" with the words "institutions".
92. in article 237: turn off in the first paragraph, the words "If the USSR legislation provides otherwise";
replace the second paragraph, the words "its administrative organs or officials of the representative who accepted the decision" with the words "this administrative authority representative or official, who made the decision."
93. Replace article 238, the word "organ" with the word "institution".
94. To replace the words "in article 240. public funding or local inspections" with the words "tax administration".
95.246. Article be expressed as follows: "246. article. Before this code of procedure referred to in article 245 of the court case following the provisions of the code, subject to the exceptions and additions specified in this code, chapter 27:33. F. "
96. Express 247. article as follows: "article 247. Stakeholder participation in The proceedings referred to in article 245 of the code in the case of the Court, notice to the applicant and interested parties. "
97. in article 249: replace the first paragraph, the words "citizens or organizations" with the words "natural or legal persons";
turn off the second part of paragraph 5, the words "of the party, the young, Labour Union membership card".
98.343. ' article: replace the third paragraph, the words "not see the appeal and appeal in cassation" with the words "are considered only in the Court of first instance";
to supplement the article with the fourth paragraph as follows: "the Protest may be made if a judgment or decision entered into force more than a decade."
99. Express 343.2 the first paragraph of article 6 (1) of the following: "1) of the district (City) courts and the abolition of economic judgment — court;".
100. To supplement the article with 344.4 third subparagraph by the following: "the application of forced execution of unchallenged after the ship's mortgage bonds shall be submitted to the district (municipal) Court at the place of registration of the mortgage."
101. Article: 344.7 supplement the article with a new first paragraph as follows: "the application of the relation unchallenged enforcement decide sole judge on the application and the basis of the documents within 15 days from the date of filing of the application, without notifying the debtor and the collection agency.";
make the second paragraph as follows: "the judge's decision shall enter into force immediately, and has the power of execution. The decision enforceable judgment enforcement rules. It will be sent out together with the forced execution subject to unchallenged Act. ";
consider existing first, second and third respectively for the second, third and fourth.
102. To replace the words "in article 352. five thousand rubles" with the words "one hundred lats."
103. Replace 359. in the first paragraph, the words "organs" with the words "address".
104. Article 360 of the expression as follows: "article 360. Debtor search matters of maintenance or cases of personal injury, which resulted in mutilation or other damage to health or death occurred, the debtor's location is unknown, the judge shall decide on the debtor's search with police authorities.

After the police authorities of the application, the judge makes a decision to issue an injunction, to recover from the debtor's expenses resulting from his search. "
105. in article 361: make the first paragraph by the following: "the bailiff's claim using the court judgements and other decisions, it is mandatory for all officials, as well as the natural or legal persons throughout the country."; replace the third paragraph, the word "alimony" with the word "maintenance".
106. Express 372 first paragraph of article 3 by the following: "3) If, after the death of the natural person or legal entity, who had a collection agency or a debt, claim or responsibility can not go in that person's successor;".
107. Replace thirty-ninth chapter name, the word "citizens" with the words "natural persons".
108. Article 376 of the expression as follows: "article 376. The drive going to the recovery of property of the debtor as to the physical person draws the property, it is also part of the joint ownership of the spouses, in the kopmant sense of property of the spouses in the cases stipulated by law.
Drive to the property of the debtor is not focused if the debtor works or receives a pension or scholarship and where recovery does not exceed the amount of the monthly income of the part to which the law can work. "
109. To replace the words "in article 377 of the citizens" with the words "natural persons".
110. Article 3 83: make the first and second parts as the first part as follows: "at the debtor were gold, silver and other precious metals products, as with securities, if it is not possible to leave the debtor or their family members, according to their description in store a bailiff removed and put in storage."
consider the third part of the second part.
111. article 387 of the express as follows: "article 387. Arrested property realization of debtor's property seizures, depending on the attachment and the types of property disposed of by a bailiff, the financial institutions, trading companies and the stock exchange.
Of the property of the debtor, within five days after the property is not of the description of the complaints or civil disputes; If complaints or civil disputes, in their sole discretion. " 
112. Article 389 of the express as follows: "article 389. The sales order arrested arrested real estate sale auction in accordance with this code, 391-397. article.
Arrested national securities shall be a collection agency on the price at which he agreed with the debtor, but if an agreement does not take place, the price at which they sold on the last Riga Stock Exchange and announced in the bailiff's office location in received messages. Other public securities in circulation, also a candidate for disposal of shares on Riga Stock Exchange.
The rest of the company shares and the capital shall be the executive body of the company for the implementation. If, within one month of the shares or capital are not realized, held the auction.
The seized jewellery of gold, silver, Platinum and platinum group metals, precious stones and pearls are sold at auction, but such articles for consideration to be scrap precious metals Fund.
The other arrested in movable things workable by selling its Commission or auction. The question of the type of sale the Bailiff decides, after hearing of the debtor and the collection agency or their representatives.
If the debtor pay the debt entirely and judgment of the enforcement expenses before the arrested property sales, property sales and property returned charging debtor back. "
113. the express article following 390: "390. article. Arrested property sales, selling them the property of the debtor in the Commission Arrested the Commission implements, selling it with the trading companies of property location.
Transfer of property for the purpose of sale to another city or district levels at the request of the party, if the sales location is difficult and if the party pays the transportation costs.
Arrested the retired and put for sale the bailiff's deadline, but not earlier than five days and not later than one month after the seizure. To date, the debtor is entitled under the supervision of a bailiff to enforce property for a price not less than specified in the description of the Act.
Products and other things that perishable, remove and put for sale immediately.
The amounts taken by trading companies, the securities Office of the bailiff's deposit within three days from the date of sale. The amounts collected from the trading company withholds their benefit in the amount of the consideration of the Commission at which the Party agreed with the debtor.
The property of the debtor that is not sold during the month from the referral marketing company, if the party refuses this things keep yourself on the amount of the assessment, after the party, the debtor or the trade request, the company can reprice. On repricing time and place notified to the party and the debtor, but their absence is not an obstacle to property repricing. In this case, the collection agency and notify the debtor on repricing.
If the property is not sold within two months after the repricing, the party has the right to keep this stuff to myself after the repricing. If a collection agency from the property, it is returned to the debtor refused. "
114. Article 391 of the expression as follows: "article 391. Sale by auction of property Seized property auction sales realised the bailiffs Office. "
115. Article 392 of the following expressions: "392. article. Notification of auction real estate auction, the bailiff will be published no later than one month before the auction, if the property value is not higher than ten thousand lats, not later than two months before the auction, if the value exceeds ten thousand dollars, but not more than fifty thousand dollars, and not later than three months before the auction, if the property value is in excess of fifty thousand dollars.
Advertisement for real estate auction shall be published in the newspaper "Gazette", pretending to sell real estate and the bailiffs Office.
Advertisement for real estate auction must specify: 1) the real property owner and the party's name, surname and place of residence, but if a property owner and a collection agency is a legal person, its name and address;
2) the bailiff Office address;
3) brief description of the property being sold and location;
4) real estate assessment;
5) mortgage creditors and their claims;
6) that all persons on the sale of real estate has the right novel that its sales should be made its own auction, right up to the day of auction;
7) which in turn it is the auction;
8) which the district (City) court bailiff Office will make the auction;
9) time and place of the sale;
10) that the amount to be paid into the bailiff's deposit account Office.
Estate auction of a case the bailiff reported at least seven days in advance. The statement, which contains the subjects, sold their assessment, time and place of sale, the debtor's name and last name, pretend bailiff Office and the home, which will be held the auction.
Interested parties a copy of the notice of the auction for its own account can put newspapers and periodical publications or to promulgate via radio and television.
About the time and place of the auction, the bailiff shall notify the party in writing, but in respect of immovable property, with the shareholders and secured creditors, if any. "
394. Article 116. Express name as follows: "Article 394. Real estate auction procedures ".
117. To supplement the code with 394. ' article as follows: "394. ' article. Estate auction of things the procedures estate auction of things allowed to participate in all except the person referred to in article 189 of this code.
Auction sākam to the price specified in the description of the property Act. The debtor shall have the right to obtain one or the other items sold earlier than others.
If the amount received by selling part of the seized property, is sufficient for the complete drive and judgment of the enforcement expenses, the rest of the articles for deletion should not be sold. They returned back to the debtor when the bidders have paid full purchase fee.
The person who sold the items, promising to immediately pay at least a fifth of the price, but promised a full nosolīt the amount to be paid not later than the day following the auction. Purchased items are returned to the nosolīt after the auction, the amount promised paid in full. "
395. Article 118. Express 2 and 3 as follows: "2) If you are not one of those who came, not to promise more than the auction price.
3) if the buyer does not deposit in a given period all the amount it bought assets. "
119. the express article 396. by the following: ' article 396. The consequences, if the auction does not have occurred If declared ineligible auction took place, the party has the right to retain the property arrested for auction starting price.
If the application is not received within two weeks of the date of the auction, the bailiff shall immediately determine the second auction. The second auction and hold a certificate pursuant to the provisions of the first auction. But real estate bidding starts from the amounts corresponding to 75 percent from the initial price in the first auction, but the real thing can also be sold under the assessment amount, provided that the amount to be paid to nosolīt immediately.

If the second auction not been declared or are not sold all of the real thing and seized a collection agency does not want to keep the property seized on the starting price, the real things and possessions of detached attachment returned to the debtor. Real property lien, if a collection agency is detachable in two weeks is not asked to determine the third auction.
If a collection agency's request is received for the third auction, the bailiff certificate and hold a third auction, subject to the provisions of the first auction, but bidding starts from the amounts corresponding to 60 percent from the initial price in the first auction. If a third auction has been declared not to have occurred and the party has not announced that real estate still keep as a starting price, arrest for real estate-removable.
If a collection agency is asked to identify a third auction, the second auction not been declared and the party has not announced that it wants arrested, the keep the belongings returned to the debtor. "
120. Article 397: replace the title and first paragraph, the words "auction" with the words "acts of real estate auctions of the Act";
turn off the fourth part;
consider the fifth the fourth part.
121. To supplement the code with 397. ' article as follows: "397. ' article. Recognition of the auction on the auction shall be declared void if: 1) someone wrongly is not allowed to participate in the auction or not correctly rejected a pārsolījum;
2) been in collusion to discourage someone from when bidding;
3) property bought in that person not been entitled to participate in the auction;
4) sold property before the term defined in the notice of sale;
5) first auction real estate sold below their claim amounts by a collection agency for the continuity of the recovery have an advantage with all the real estate recovery vērstaj;
6) the bailiff, a collection agency or customer abuse committed. "
122.398. Article: in the fourth paragraph, replace the words "three thousand rubles" with the words "two hundred and fifty lats";
replace the fifth paragraph, the words "three thousand rubles" with the words "five hundred lats."
123. Express article 401. text by the following: "natural and legal persons must provide at the request of the bailiff and his message within the time limit set for it, or the debtor is working on them and what is their earnings amount per month including all one-time costs.
The matters of maintenance of children the person paying the maintenance, within three days, notify the bailiff on the workplace or place of residence, as well as additional sources of income. "
124. Article 403: replace the word "alimony" (fold) with the word "maintenance" (fold);
replace the word "salary" (fold) with the word "pay" (the fold) and the words "workers and servants" — with the word "employees";
make the first part of paragraph l by the following: "1) to recover the maintenance, to pay the damages due to personal injury, which led to the mutilation or other damage to health or death occurred, or reimburse the loss caused by the crime, — fifty percent."
404. Article 125. off.
126. Article 405: replace the word "salary" (fold) with the word "pay" (fold);
turn off the first part of paragraph 1; make the first part of paragraph 2 as follows: "2) royalties or remuneration for the use of the patent right;"
make the first part of paragraph 4 by the following: "4) amount for damages for personal injury, which led to the mutilation or other damage to health or death occurred."
406. Article 127. off.
128. Article 407: to replace the l word "in paragraph alimony" (fold) with the word "maintenance" (fold);
turn off paragraph 3 the word "service";
make paragraph 5 by the following: "5) on national and municipal social assistance benefits."
129. Express 408. article as follows: "408. article. Order recovery going on a debtor's wages and other income, the bailiff shall send the document implementation of the employer or the legal entity, of which the debtor receives wages, other compensation, pensions, benefits, scholarships or with the proposal to make the deduction in accordance with the judgment of the Court of Justice and the amounts withheld to send a collection agency.
Releasing the debtor from work, the legal person or the employer shall send bailiffs back Executive document with mark about the deductions and the debtor's new workplace, if known.
Legal person or employer who, after a court judgment or decision of a judge after a maintenance to the maintenance of the child, within three days, notify the bailiff after judgment or decision and the person receiving maintenance, paying for maintenance persons leaving from work, as well as on its new workplace or residence, if known. "
130. article 412 Express as follows: "article 412. The drive going to credit recovery deposits the deposits with credit institutions can work only on the basis of the injunction. "
Article 131.413: replace the word "alimony" (fold) with the word "maintenance" (fold);
replace the first paragraph, the words "three thousand rubles" with the words "one hundred lats";
replace the second paragraph, the words "five hundred rubles" with the words "fifty lats";
replace the third paragraph, the word "officer" with the word "Person" and the words "five thousand rubles" — with the words "one hundred lats";
to make the fourth subparagraph by the following: "the Party is entitled to bring an action against the legal person or the employer of the recovery of the amount that should have been deducted from the debtor, but not deducted these legal persons or the fault of the employer."
132.414. Article: replace the words "the enterprise, institution or organization administration" with the words "employer" and the word "salary" — with the word "pay"; to turn off the second part.
133.423. Article: make the second paragraph as follows: "the amounts to be recovered from the debtor and the collection agency, including transferring the Office of bailiff's deposit, but then issued or transferred in a fixed order."; make the third paragraph as follows: "the amounts included in the income of the country, the bailiff lodged in the Treasury budget account."
134. Article 426 of the following expression: ' 426. article. The first round of the drive first: 1) presentation of claims for maintenance;
2) claims arising from the legal relationship of employment;
3) claims about the lawyer provides legal assistance payment;
4) personal injury claims, which result in mutilation or other damage to health or death occurred. "
135. article 439 of the following expression: ' 439. article. The question of deciding on the fulfillment of the cassation instance in turn tried to amend its verdict appealed the verdict, the (protest) repealed it and terminate the proceedings or leave the application without examination, decide the question of enforcement of the judgment or discretion it turning to the Court, the judgment was appealed.
If the Court of first instance in accordance with article 211 of this code made a judgment to be executed immediately, the issue of judgment enforcement turn decide the appellate court; If the claim is rejected, the proceedings terminated or leave the application without examination.
If the judgment is cancelled due to newly discovered circumstances, the question of enforcement of the judgment of the Court which decides on the turn after the judgment dismissing the case.
The matters of maintenance, wage recovery, recovery of damages due to personal injury, resulting in mutilation or other damage to health or death occurred, execute a turn, if you cancel the judgment based on the applicant provided false information or submitted fake documents. "
136. the forty-third chapter be expressed as follows: "forty-third chapter of foreign judgements and judicial tasks 440. article. Foreign court, arbitration and arbitration, recognition and enforcement of foreign judicial, arbitration and arbitration (hereinafter referred to as the foreign court) the recognition and enforcement in the Republic of Latvia in accordance with international treaties of the Republic of Latvia and the laws in force.
A foreign court order will be submitted for recognition and enforcement in the Republic of Latvia within three years from the date of judgment become final, if international agreements do not specify otherwise.
441. article. Submission of request the request for recognition of a foreign court and execution shall be submitted to the district (City) Court in whose territory the award is enforceable. The request must be accompanied by: 1) the foreign court order or with the certified true copy of a statement that the ruling will become final and enforceable;
2) proof of the written agreement of the parties to the dispute to arbitration or referral to arbitration, if requested to execute the arbitration or arbitration award;
3) request and paragraph 1 and paragraph 2 of the document referred to in the certified translation into Latvian language;
4) and request copies of documents for service of process participants.
442. article. Consideration of the request

Request for a foreign judgment recognition and enforcement look the judge in open court, notice to the interested parties.
The judge may request explanations on both sides or additional information to the Court that delivered the judgment.
Examined the request for recognition of a foreign court and executed, the judge shall decide to recognise and execute the decision or rejects the request.
A request may be refused only in international treaties of the Republic of Latvia and in the cases provided for by law.
On the judge's decision an ancillary complaint may be submitted.
443. article. A foreign court order enforcement of the foreign judgment as to its recognition of the Executive in accordance with the procedure laid down in this code. With the enforcement of foreign court-related costs shall be borne by the General order, if international treaties do not provide otherwise.
444. article. Tasks of the courts of the Republic of Latvia in International Court of Justice in accordance with the procedure laid down in the agreements executed among them foreign judicial tasks to make the individual procedural steps (to issue summons and other documents, interrogated the parties and witnesses, to provide expertise to do reviews on the site, etc.).
Foreign tasks shall be executed in accordance with this code and international treaties.
The order in which the Court of Justice of the Republic of Latvia to contact foreign courts, established the Republic of Latvia laws and international treaties.
Court of Justice of the Republic of Latvia to contact the foreign courts and law enforcement bodies in matters relating to civil proceedings, the law of the Republic of Latvia and international agreements. "
II. Do the Latvian civil procedure code in annex 3 of the "Charter" for the following amendments: 137. Replace article 1, the word "citizens" with the word "persons".
138. the express article 2 as follows: "the arbitral tribunal may be a specific dispute or run constantly."
139. Article 8 off.
140. Replace article 9, the words "citizens who have concluded" with the words "persons who have concluded" and the words "not entitled"-with the words "not entitled".
141. Replace article 10, the words "Latvian SSR" with the word "Latvia".
III. Draw 13 September 1995 the law "amendments to the Latvian Code of civil procedure" transitional provisions follows: 142. Add to paragraph 3 with the second part as follows: "After the expiry of the transitional period in cases heard in district (City) Court in 1995 to 14 October and which is not the view of the Court of Cassation or supervisory order, may submit a protest pursuant to section 343. ' article."
143. paragraph 8: Add to point to the new second sentence as follows: "the Protest may be made if the economic judgment of the entry into force of more than three years.";
consider the second sentence of the third sentence.
Transitional provision until such time as the Cabinet of Ministers will be determined by the witnesses, experts, interpreters and the amount payable shall be the size and cost of the procedure, the applicable instruction on reimbursement of the previous investigation, the authorities and courts of the invited witnesses, victims, by guest, specialists, experts and interpreters, which was approved by the Council of Ministers of 20 November 1992 decision No. 496.
The Parliament adopted the law of 8 august 1996.
The President of the Parliament instead of the President i. Kreitus 1996 in Riga on august 22.