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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 done in the civil procedure code of Latvia the following amendments: 1. Express article 7 by the following: ' article 7. Civil Collegiate civil proceedings in district (municipal) Court and the District Court as the Court of first instance on a collegial basis — judges and two lay assessors, except specified in article 7.1 of this code.
Individual issues of the proceedings the judge in accordance with the procedure laid down in this code decides alone.
Associate judges of the court administration of the Court has all the rights of judges. Associate judges of the Court decision in all issues arising from the use of those and make a judgment, have the same rights as the President of the court hearing.
The appeal procedure, the court hearing the case of three judges of the District Court or the Supreme Court of three judges.
The Senate of the Supreme Court hearing the case of three Senators. "
2. Express 7.1 article as follows: "article 7.1. Cases in district (municipal) Court judge dealt solely in district (municipal) Court judge sitting alone looking: 1) maintenance requirements;
2) requirements for divorce, annulment and other legal relations arising in the family things, except when separating real estate;
3) employment relations resulting in things;
4) requirements due to personal injury (2347-2353 of the Civil Code);
5) requirements arising from space rental relation;
6) claims arising from other related rights and jurisdiction of the district (City) Court;
7) requirements for ownership and possession impeded reconstruction;
8) requirements for displaying (civil code, art. 2393.2400);
9) applications for the securing of a claim if the claim is not yet built;
10) applications for the securing of evidence;
in particular, the costs of the procedure 11) case;
12) things about taxes, duties and other compulsory payments collection;
13) things the forced execution of unchallenged. "
3. Turn off the article 12.
4. Turn off article 13.
5. Express article 15 the following: ' article 15. Finding out the civil Courts adjudicate cases in accordance with laws and Court verify the evidence, obtained in accordance with the procedure prescribed by law.
The Court must explain to the parties their rights and obligations, as well as the procedural action or offence. "
6. turn off the fifth paragraph of article 17 and considered as part of the sixth and seventh respectively on the fifth and sixth.
7. Turn off article 26, paragraph 1, first subparagraph, the words "except for article 27 of this code in the commercial court in the subject of economic disputes between legal entities".
8. Turn off article 27.
9. Turn off the article 29.
10. Express article 41 the following: "article 41. The Prosecutor's participation in civil proceedings the public prosecutor has the right to participate in the consideration of any civil court, if it takes another person or statutory public rights and interests.
The Prosecutor has the right to submit applications to the Court or, if necessary, statutory public rights and interests have been infringed or if not capable of action, capable of limited action, disabled, minors, prisoners or other persons having rights or legitimate interests, which have a limited capability to defend their rights.
The Prosecutor's participation in civil proceedings is mandatory if it is required by law or necessary it is recognized by the Court.
The Prosecutor, who is participating in the proceedings shall have the right to consult the file, declare a rejection, to submit evidence, participate in the verification of evidence, lodge requests for an opinion on questions that have arisen during the event and on the substance of the case as a whole, to make representations on the judgment or decision to receive case verdict, decision or other document transcripts, as well as do other statutory procedural actions.
The Prosecutor's abandonment of claims or applications with which he turned to the courts, does not deprive the person of interest crimes prosecutor filed or application, the right to ask the Court to hear the case on the merits. "
11. Article 80 of the expression as follows: "article 80. The State fee and the amount of each claim, the original claim or counterclaim, application for pre-contractual disputes, third party application with independent claims on the subject of the dispute submitted to the ongoing process, as well as the application (appeal) the costs of the special cases that are filed with the Court, you pay duty on the following scale: 1) on the requirement that the amount be assessed: (a)) to 100 lats – 5 lats;
(b)), from 101 to 1 000 lats LVL, 10 percent of the value of the claim;
(c)) from 1 001 to 5 000 lats pounds — 100 lats + 2.5 per cent of the amount exceeding 1 000 lats;
(d)), from 5 001 to 20 000 lats pounds — $200 + 1.6 percent of the amount exceeding 5000 lats;
e 20 001 to 100 pounds) out of the 100,000 — $440 + 1 percent of the amount exceeding 20 000 lats;
(f) from 100 001 up to 500 lats) 000 lats-LVL 1 240 + 0.3 percent of the amount exceeding 100 000 lats;
(g) more than 500 000 lats): $2 440 + 0.05 percent from the amount exceeding 500 000 lats;
2) on the application of the divorce — 20 lats, but on the application of the divorce case with the person who declared in went away or incapable of action along the disease or dementia, or with a person who has been sentenced to imprisonment for a term not less than three years — 5 lats.
 
Note the. If a divorce is shared property or alimony, claimed stamp duty determined in accordance with the first paragraph of this article, paragraph 1 in the national toll;
3) on the application (appeal) especially in the case of the litigation — 5 lats;
4) for other requirements that are not economic in nature (or not must be assessed) — 10 lats;
5) on the application of pre-contractual disputes — 10 lats;
6) on the application of the security requirements: 5 lats;
7) on the application of forced execution of unchallenged 50 percent respectively from 1 or in paragraph 4, the specific national toll.
For each on the Court invited witnesses from the party requesting witnesses to invite significant duty 1 dollar.
Making the judgment, the Court shall determine the duty in the following quantities: 1) for approval, if the inheritance law heritage exceeds 10 minimum monthly salary: a) spouse and together with the testator resided for first, second and third class heirs — 0.5 percent of the inheritable property values;
(b)) other first and second class heirs — 1 percent of inheritable property values;
(c)) the rest of the third-class heirs — 3 percent of inheritable property values;
(d) fourth class heirs), 10 percent of the inheritable property values.
 
Note the. State duties payable, heir to receive a copy of the judgment after it has gone into final;
2) on the last will of the order or contract of inheritance, lawful effect if heritage exceeds 10 minimum monthly salary: (a) the spouse and first) second-or third-class heirs — 50 percent of the third part of this article paragraph 1 establishes the national toll;
(b)) the fourth class heirs — 8 percent of the inheritable property values;
(c)) the rest of the wills or contractual heirs — 15 percent of the inheritable property values.
 
Note the. State duties payable, the heir will receive the last act or order of inheritance contract with that inscription on its entry into the final;
3 in cases of inheritance) Division — 10 per cent of allocated to each heir heritage property values;
4) in matters of divorce, from 10 to 50 lats.
 
Note the. State fee payable when the divorce is made a mark in the Passport.
On appeal the judgment of the Court of the duty to be taken 50 percent of the rate to be paid when submitting the application (application of the special arrangements for matters of litigation), but property disputes, as well as the matters of inheritance Division — from rates, calculated according to the amount of the dispute.
Next to the complaint on the decision of the Court is not chargeable with stamp duty.
In the case of an existing document, as well as a copy of the Court judgment or decision to be taken re the issue of duty 2 Lats and dollars, for each 0.60 made the page. "
12. Supplement article 88, the first paragraph with the following paragraph 11: "11") — the applicant spouse, as well as first-and second-degree relatives on the part of the inheritance certificate of succession of privatisation. "
13. Express article 114 first paragraph as follows: "in every court of first instance and the appeal court hearing, write Protocol."
14. Turn off the article 118.
15. Express article 119.1 the following: ' article 119.1. The civil jurisdiction of the District Court the District Court following the appearance of the courts subject to civil cases: 1) things about adoption and adoption;

2) things about the protection of patent rights and cancellation of the registration of trade marks in accordance with the Patent law of design protection law and the law on trade marks ";
3 complaints of sworn notaries);
4) complaints about election law violations;
5) things about the abolition of the order of the district or Parish Council, the suspension of the decision of the City Council or Council (Council) President's impeachment;
6) things that have a dispute about property rights;
7) matters arising from the law of obligations, if the amount of the claim exceeds 5 000 lats;
8) things about the company (company a) insolvency and bankruptcy.
The District Court, in view of the complexity of the case, is entitled to remove any existing civil District district (City) courts and accept it in its proceedings as the Court of first instance.
The Supreme Court may refer the matter to the Court of first instance in any case. "
16. Article 123 be expressed as follows: "article 123. Exclusive jurisdiction requirements for property rights to buildings, removal of property seizure and land dispute agree to court after the property or land location.
Vendor claims against heritage mass, never known law of succession or inheritance approved adopted heirs, agrees with the Court after the testator's domicile, but, if the residence has been in Latvia or if the place of residence is unknown, the Court after heritable property or part of the location. "
17. To supplement the code with article 137.1 as follows: "article 137.1. Security requirements before bringing a potential plaintiff may ask you to provide a claim before the Court and the lifting of the term commitment even before accession, if the debtor, avoiding the implementation of commitments, led or forfeit their belongings secretly residency or leave to take other actions, which shows she's not godprāt. By submitting such a request, the applicant must submit the possible evidence of his right after commitments and the need to ensure the claim.
In satisfying an application to secure a claim before it is brought, the Court (judge) to determine applicant deadline for submission of the application.
Meet the requirements of the request for the provision before it brought, the Court (judge) may require the applicant to provide any possible losses, which might arise by the defendant. "
18. in article 199.1: express the following paragraph 2: "2) by both spouses or one of the spouses must be split at the request of their common property, if they have not been real estate, as well as the order in which the divorced spouses to be distributed in kind or supposedly parts;";
turn off in paragraph 4, the words "from 50 to 200 rubles.
19. the express article 209, the first paragraph by the following: ' the Court of first instance's judgment comes into lawful effect after the time limit for the appeal and the pissing protestēšan to the appeal procedure, if it is not appealed or protest. If the judgment pending appeal or protest, the judgment shall enter into force in accordance with this code, the provisions of article 305.1. "
20. Article 211 of the expression as follows: "article 211. Immediately enforceable judgements By the Court at the request of the parties (the judge) may decide that all or part of the specified executable immediately following judgment: 1) for failure to give funds for the maintenance of children and well-being;
2) wage recovery;
3) breach of contract to the employee or the employee's reinstatement;
4) for consideration of the mutilations or other damage to health;
5) on the obligation of uzturdošan due to the death of the person whose duty it was to keep a;
6) for recovery, if the judgment is based on entries in the land register, notarized or otherwise lawfully certified documents;
for leased or rented) 7 things-due to rent or lease expiry or the attainment of the objectives set, as well as in cases when the landlord or landlords satisfied the requirement of the said Treaty (the civil code 2171).
8) actions which particular conditions delaying enforcement of a judgment may cause considerable harm to the party or the same drive can become impossible.
Allow the application to immediately execute the judgment of the court hearing, notice to the persons participating in the case. However, this person is not a barrier to matter of absence of enforcement of judgment for decision immediately. "
21. off 212. article.
22. off the fourth paragraph of article 233, ' in cassation ".
23. Add to article 245, paragraph 16 as follows: "16) for a company (company a) insolvency and bankruptcy."
24. Replace article 263, second paragraph, the words "the citizenship and Immigration Department" with the words "Ministry of Interior".
25. replace article 265, third paragraph, the words "citizenship and Immigration Department" with the words "Ministry of Interior".
26. Replace article 266.4 in the second paragraph, the words "citizenship and Immigration Department" with the words "Ministry of Interior".
27. Replace article 266.6 in the third paragraph, the words "citizenship and Immigration Department" with the words "Ministry of Interior".
28. Consider the thirty-third chapter 285., and accordingly article 285.1 285.2 of 284.1, 284.2 and article 285.
29. To supplement the code with the thirty-third chapter F in the following wording: "(F) the thirty-third chapter for a company (company a) insolvency and bankruptcy 285.24 article. Jurisdiction of the Affairs of the company (the company) insolvency and bankruptcy court appearance by company (the company) location.
 
285.25 article. Prosecute the case of the insolvency of the company (the company) and bankruptcy on the company's proposed (the company), the debtor or the creditor or the creditor groups.
State and local government bodies may require an action regarding the company (the company) insolvency and bankruptcy law cases.
Decision to initiate proceedings or of refusal to accept a judge accepts the application no later than the day after receipt of the application.
 
285.26 article. The court actions, preparing for court proceedings, preparing the case for review, together with the other necessary actions immediately: 1) Decides to warn the debtor: (a)) that they will be obliged to report to the Court of the habitual residence of the person, (b) change of address) that his non-appearance in court or a future absence after the contest, the auditor of the Board or the administrator's call, as well as a refusal to provide the requested explanation not to be recognized as a barrier to the procedural steps to be announced bankrupt;
2) decide on the sentence, but of the company (the company) actually outstanding amount the suspension of recovery;
3) require from the company (the company) news about its financial position (the last balance sheet and vendor and customer list).
About insolvency proceedings will post announcement in court premises for all visible.
 
285.27 article. Proceedings of the company (the company) insolvency and bankruptcy court appearance within 15 days from the date of initiation.
At the hearing the Court calls upon the debtor and creditors who submitted applications, interested parties, as well as State or municipal institution, if the case is brought by these institutions. If a large number of creditors, the Court may, without calling on the Court of session, to invite them to submit written explanations with a validly certified signature.
In the course of the proceedings the Court shall verify: 1) or between the debtor and the creditors arrangement is possible;
2) or undertaking (company) is insolvent;
3) is it possible to launch a bailout;
4) or it is possible to establish a vendor administration.
 
285.28 article. Decision of the Court of bankruptcy if the arrangement is not reached (285.30) and the Court finds the company (company) signs of insolvency, but there is no reason for the bankruptcy Declaration, the Court shall take a decision on the recognition of the company (the company) of the insolvent and suspended proceedings in part of the application for bankruptcy.
If the petition and the evidence, the Court decided the question of the establishment of the administration of the creditors (285.32) and restoration (285.31 article).
If the vendor is not established by the Administration, the Court, recognizing the company as insolvent (the company), while appointed by the administrator.
If settlement is not reached and the Court finds that the rehabilitation is not possible and with the company (the company) property is not enough to completely pay off all log in and not shady debt, Court, not the decision of a company (the company) the insolvency, make a judgment according to this code, the provisions of article 285.35.
 
285.29 article. The court action after the Declaration of insolvency Of the company (the company) recognition as well as creditors of insolvent, the establishment of the Administration, the Court placed an announcement in the newspaper Latvijas journal "and in one local newspaper and shall notify the municipality concerned and the Registrar of companies.

The court appointed administrator or vendor administration three months to submit to the company (the company's) balance sheet insolvency, which includes the company's movable and immovable property and evaluation of aprakstījum, a company (the company) shows the total list, as well as submit their quarterly activity report.
After the company's (the company) the Declaration of insolvency court hears requests for vendor administration and restoration, if these issues are not decided at the suspect, the court-appointed administrator for Administration of creditors to change the extension of the duration and dissolution, the extension of the bailout, bailouts, as well as complaints about the company's (the company) management action.
The third part of this article the Court decides these issues, inviting to hearing the applicant and 285.27 this code referred to in the second subparagraph of article. Their absence is not a barrier to matter for decision.
 
285.30 article. Composition arrangement in the cases allowed by the law in any insolvency and bankruptcy proceedings, while not started real company (the company) distribution of property.
 
285.31 article. The Court's action, examining the issue of rehabilitation of the company (the company) question about the company's (the company) restoration courts looking at the request of the debtor, which added to the bailout program motivated. At the request of the debtor, the Court may set a term for his bailout program contest. The evaluation of the programme of rehabilitation, the Court shall determine the expertise.
The question of restoration will be decided within ten days after receipt of the opinion of the expertise of the bailout program submitted to the Court.
 
285.32 article. Decision of the Court in connection with the administration of creditors at the creditors meeting request the Court to decide the question of the establishment of the administration of the creditors.
If the Court is satisfied the request of the creditors ' meeting, it shall adopt a decision on the establishment of the administration of creditors and determines its duration.
 
285.33 article. Termination of the case if the debtor and creditors after the Declaration of insolvency or reorganisation of the composition of the catch, or other measures of the bankruptcy is resolved, the case terminated the proceedings.
The termination of the proceedings, the Court placed an announcement in the newspaper Latvijas journal "and in one local newspaper and shall notify the municipality concerned and the Registrar of companies.
 
285.34 article. The bankruptcy proceedings If the company (the company) bailout is stopped by a decision of the Court of Justice, the reorganisation measures do not produce the desired results, the establishment of the administration of the creditors is not achieved, the arrangement is not reached, the Court by a vendor (vendor administration or administrator) request, the renewed proceedings for bankruptcy.
The case is heard, within 15 days from the date of submission of the request, but in cases where the recognition of insolvency proceedings in court the law provides, within 15 days from the date of the application for bankruptcy.
Request or application to be added to the bankruptcy balance sheet and a motivated opinion on bankruptcy abuse signs of presence or absence.
In the course of the proceedings the Court shall verify: 1) or between the debtor and the creditors arrangement is possible;
2) is it possible to continue the bailout;
3) or is drawn up of reliable company (the company's) balance sheet;
4) or have signs of bankruptcy;
5) or is an abuse of the bankruptcy.
 
285.35 article. Judgment of the Court of Justice if the arrangement is not reached and the Court finds that the property of the company (the company) is not enough to pay off all debts, or log on to find other laws shows signs of bankruptcy, it make judgments about the company (the company) to the bankruptcy Declaration and found the company (the company) property auction (tender).
At the same time, the Court shall terminate the administration of creditors if the Administration had been established and appointed by the administrator, if he had not appointed earlier.
If the Court determined the bankruptcy abuse signs, they shall judgments.
 
285.36 article. The court action after the bankruptcy of the company (the company) bankruptcy and auction (tender), the Court placed an announcement in the newspaper Latvijas journal "and in one local newspaper and shall notify the municipality concerned and the Registrar of companies, but the abuse of the bankruptcy case, the investigating authorities.
The Court applied the vendor applications for claims of unjustified rejection, as well as requests for change or the settlement administrator approval. Asked at the hearing the applicant and 285.27 this code referred to in the second subparagraph of article. Their absence is not a barrier to matter for decision.
 
285.37 article. Termination of the insolvency proceedings and bankruptcy proceedings the insolvency and bankruptcy proceedings terminated by a decision of the Court when the Court received the administrator's Board or the competition authority's decision on the disposal of the bankrupt and the split between the creditors. "
30. off 294.1 article.
31. off the third section of the code.
32. off the fourth section of the code.
33. To supplement the code with the third section (A) and (B) the following third: "third section (A) judgment of the Court of appeal and the decision of the thirty-fourth chapter of the appeal proceedings, article 286.1. A right of appeal for every judgment of the Court of first instance, the parties may lodge an appeal, but the Prosecutor-appellate protest in accordance with the procedure laid down in this chapter, except where the appeals against the judgments of the appeal procedure provided in the law.
 
287.1 article. Appeal procedures of the district (City) Court judgments which have not entered into legal force may appeal to the appeal procedure in the District Court.
District Court judgments of the Court of first instance which has not entered into legal force may appeal to the appeal procedure in the Supreme Court's Civil Chamber.
Appeal addressed to the appeal submitted to the Court that delivered the judgment.
 
288.1 article. Time limits for appeal of appeal of the judgment of the Court of first instance may be submitted within 20 days from the date of the judgment.
If the Court's final judgment in a way the Court determined a different date, the appeal period begins on that day.
The appeal, filed after the expiry of that period, without examination, and shall be returned to the applicant.
Can the Parties Article 105 of this code in order to ask the Court that delivered the judgment, missed the deadline for appeals to restore, if it has a valid motive.
 
289.1 article. The content of the appeal the appeal must indicate: 1 the name of the Court), which addressed the complaint;
2) the complainant's name, surname (legal person — name) and address;
3) judgment, for which a complaint, and a court that delivered the judgment;
4) to what extent the judgment appealed from;
5) as to the accuracy of judgment does not disclose;
6) or new evidence is being applied for, what, about what circumstances and why this evidence was not submitted to the Court of first instance;
7 the complainant's request);
8) list of documents annexed to the complaint.
The appeal signed by the applicant or his representative. The appeal of the protest sign legal prosecution official.
 
290.1. A copy of the appeal the appeal must add those transcripts and copies of accompanying documents, according to the number of parties.
This provision does not apply to documents for which the original or a copy already in the case.
 
291.1 article. The limits of the appeal the appeal must not alter the subject or basic requirements, to include new claims that are not brought to the Court of first instance.
On the new claim is not considered: 1) clarification of the claim;
2) manifest error of remedial action;
3 percent and increase) the accession requirement;
4) claim to pay the value of property in connection with the seizure, loss of or changes in its composition;
5) to amend the claims, the claim was within the total amount of the ingredients;
6) claims in the course of the case changed in the circumstances of the claim, which sought to recognize the right to amend the claims of the injured to restore rights.
 
292.1 article. Joining the appeal for participants and third parties participating in the process, the side which has submitted the appeal, filed the complaint can join.
To join the complaint must be notified in writing to the Court of appeal not later than 10 days before the hearing of the appeal.
Application for accession to the appeal to pay the State fee.
 
293.1 article. Leaving the appellant without guidance

If the pending appeal, which was not signed by the applicant or his representative, or if the appeal is not specified, or if the judgment is not accompanied by all required transcripts, as well as the complaint, on which the State fee has not been paid, the Court of first instance by decision of the judge left without guidance and determine the complaint the applicant a time limit for the correction of deficiencies.
If the deficiencies are remedied within the time limit set, the appeal shall be deemed to have been filed on the day on which it was first submitted to the Court. Otherwise, the complaint shall be deemed not to have been filed and returned to the applicant.
On the action of the Court of first instance, which refused to accept the appeal or send back an ancillary complaint may be submitted.
 
294.1 article. The action of the Court of first instance shall, after receipt of the appeal After receipt of the appeal the Court of first instance judge, satisfied that it meets the requirements of article 289.1 of the code, shall immediately notify the other parties and send them a complaint and accompanying documents, transcripts, the timing of the provision of a written explanation.
The appeal presented by the person who is not authorized, it leaves without examination and shall be returned to the applicant.
After expiry of the judge immediately forwarded the case to the appeal and the documents attached thereto the Court of appeal.
 
295.1 article. The written explanations of the parties to the proceedings in a written explanation submitted in connection with the appeal, together with the copies according to the number of parties will be submitted to the Court of second instance within 30 days from the date on which the appellant sent a copy.
 
Article 296.1. The cross-appeal with respect to the explanation of the appeal, a party is entitled to submit a cross-appeal.
The cross-appeal must comply with this code, 289.1, 286.1 290.1 and 291.1 article.
The cross-appeal is to be lodged to the Court of second instance within the time limits laid down in this code 295.1 article.
After the receipt of the complaint seeks the Court of second instance shall send to the parties copies of the complaint.
 
Article 297.1. Appeal (cross-appeal) withdrawal of the appeal complaint (cross-appeal), the complainant is entitled to withdraw it until you start hearing the merits.
If the appeal is withdrawn, the appeal court shall decide on the termination of the proceedings on appeal, except where the appeal (cross-appeal) the complainant, other parties or when submitted to the appeal of the protest.
If the appeal proceedings terminated due to withdrawal of the appeal, the State fee shall not be refunded.
 
298.1 article. The composition of the Court, in opposition proceedings of civil appeal procedure in the Court of three judges of the District Court respectively to three Supreme Court judges.
 
Article 299.1. The boundaries of the proceedings on appeal the appellate court examines the merits because the appeal and cross-appeal from the complainant of an amount as requested in these complaints.
The instance of appeal consideration only claims which are dealt with in the Court of first instance, without amending and supplementing of action or basis.
The new claims are not considered in this code, the cases referred to in article 291.1.
The appellate court examines the merits, without sending it to the new Court of first instance, except those specified in this article 300.1 of the code.
 
Article 300.1. In exceptional cases, when the judgment of the Court of first instance shall be annulled and the case sent to the new Court of first instance appeal court annuls the judgment of the Court of first instance and send the case to a new Court of first instance in the following cases: 1) if the Court has not legal;
2) if the Court has been in breach of the procedural rules of law, which dictates that the parties must be notified of the hearing date and place;
3) If, in proceedings, in violation of procedural legal provisions on the language of the proceedings;
4) if the judgment of the Court of Justice determines the rights and obligations of persons who are not invited in as a member of the case;
5 If, making a judgment), violate the provisions of the judgment;
6 when the case is not motivated) judgment of the Court of Justice or the Court sitting protocol.
 
301.1 article. Procedure for hearing appeals in court After receiving the explanation, or after its expiry deadline for submission of the judge-rapporteur places the matter to the appellate court.
The parties and other persons summoned to the Court of appeals and in accordance with this code, the provisions of Chapter ten.
The appellate court shall take place in accordance with this code, the provisions of the sixteenth chapter, with the following exceptions: 1) to the substance of the matter starts with the judge-rapporteur's report (paper) about the circumstances of the case;
2) race the first talk of the appellant, but, if the complaint submitted by both parties, the applicant;
3) If an appeal has been lodged by the Prosecutor in protest, he gives explanations on the nature of the protest before the hearing of the parties to the race.
The appellate court must be hearing Protocol under the eleventh chapter of this code.
 
302.1 article. Examination of the evidence the appellate court the appellate court itself decides which evidence to test hearing.
Appeal Court examines and assesses evidence in accordance with the provisions of the sixth chapter of the code.
If the appellate court shall submit to the parties or asked to examine evidence which he was likely to apply in the proceedings before the Court of first instance, the appeal court may impose a fine of up to 100, if it recognises that such action intentionally delayed the trial.
 
303.1 article. The appellate judgment of the appellate court ruling, which by nature, adjudicates the case to make a judgment.
Judgment and the judgment of the Court of appeal takes place this code 193.196.198. — —, in accordance with the procedure laid down in article 199., except as provided for in this article.
The Court of Appeal judgment in addition to the introductory part of this code in the second paragraph of article 199 of the conditions must be specified for the appellant and the judgment of the Court complained of.
The appellate judgment in the descriptive part of the addition to article 199 of this code in the third paragraph, certain circumstances indicate the content of the judgment at first instance and on appeal (cross-appeal) complaints, opposition short retelling.
The appellate judgment in the grounds of the addition of article 199 of this code in the fourth paragraph, certain conditions must be specified for the judgment of the Court of first instance.
Judgment of the Court of appeal instance for the operative must comply with article 199 of this code the fifth part.
 
304.1 article. The appeal court in the judgment of the Court of Appeal sentenced to 192 of this code in accordance with the procedure laid down in article.
The operative part of the judgment must be declared at the same hearing that the complete case.
By the operative part of the judgment of the Court declaring the President Announces the members can consult with a motivated decision.
 
305.1 article. The appellate court's judgment, the legal force of the appellate court judgment comes into lawful effect of judgment, or the independence of the operative part.
 
Article 306.1. Clerical and calculation correct errors the appeal court's judgment, the Court of appeal after the application of a party or on its own initiative may correct clerical or calculation in the judgment errors.
The issue of correcting the error for the hearing, notice to the parties. This person is not an obstacle of absence to consider correcting the error.
Decision of the Court on the issue of correcting the error of an ancillary complaint may be submitted.
 
307.1 article. The appellate court decision clarifying If the appellate court's judgment is uncertain, it is entitled after the application of the judgment of the parties explain, without amending its content.
Explanation of the judgment is permissible if it is not executed and there is no time limit for the execution of the judgment pissing.
Question for advocacy for the hearing, notice to the parties. This person is not an obstacle of absence to consider the judgment of advocacy.
Decision of the Court on the issue of advocacy of the judgment an ancillary complaint may be submitted.
 
Article 308.1. The appellate court appeal papildspriedum the Court may, on application of a party or on its own initiative to make papildspriedum: 1) if there is no judgment on any of the claims brought by which the parties submitted evidence and given explanations;
2 If the adjudicating the rights) issue, the Court is not determined by the ordered amount, property to be transferred, or actions to be executed by the defendant;
3) if judgment in not heard about the Court's expenses.
Question about papildspriedum can propose the judgment within 30 days from the date of the judgment.

Papildspriedum Court of Justice make after bringing the matter before the hearing, notice to the parties. This person is not an obstacle of absence to decide the question of papildspriedum of the judgment.
Papildspriedum of the appellate court shall enter into force from the moment of delivery.
The appeal court's decision to reject the judgment of the papildspriedum an ancillary complaint may be submitted.
 
rule 309.1. Judgment of the Court of appeal of the suspension and of the Division of enforcement, enforcement of the judgment and order of modification of the appeal court is entitled, upon application of the parties, subject to their financial situation or other circumstances, defer execution of the judgment or split it, as well as to amend the form of its execution and order.
Applications in the hearing, notice to the parties. This person is not a barrier to matter in the absence of the Registrar.
Decision of the Court to defer the execution of the judgment or the split, as well as for its execution and order the amendment of an ancillary complaint may be submitted.
 
rule 310.1. The appellate court, if the judgment (decision) is not appealed in cassation After Cassation to expiry, if the appeal in cassation is filed, appellate court sends the case back to the Court of first instance.
 
311.1 article. A stay of proceedings in the civil claim without examination, leaving the termination of proceedings in civil matters in the Court of appeal a stay of proceedings, the claims of abandonment and termination of proceedings without a hearing, and the consequences for this code, eighteenth, nineteenth and twentieth chapters.
 
Thirty-fifth chapter of the Court of first instance and the appeal court of Appeals decision 312.1 article. The Court of first instance and the appeal court's decision to the appeals and protestēšan rights of the Court of first instance and appellate court decisions in proceedings may submit a complaint and prosecutors next-next to protest separate from the judgment of the Court of Justice: 1) in the cases specified in this code;
2) if the Court decision prevents things sliding further.
On the other courts of first instance and appellate court decisions next complaint or protest is presented, but the objections of these decisions may be made by appeal or cassation complaint or a protest.
 
313.1 article. The deadline for submission of an ancillary complaint to ancillary complaint may be lodged within 10 days from the date of the Court decision.
An ancillary complaint submitted after the expiry of that period, left and returned to the applicant without review.
 
Article 314.1. Next to the lodging of the complaint procedure complaints to be lodged next to the Court that the decision adopted, and addressed to: 1) of the decision of the Court of first instance, the Court of appeal concerned;
2) appellate court decisions: the Senate of the Supreme Court in cassation.
Next to the complaint is not chargeable with stamp duty, and security (327.1 article).
 
Article 315.1. Next to the complainant a copy of the complaint to be added next to the transcripts and copies of accompanying documents, according to the number of parties.
 
Article 316.1. Next to the complainant without guidance On leaving the next complaint, which is not signed by the applicant or which is not accompanied by all required transcripts, the judge takes a decision with which the next complaint left without guidance, and set a time limit for the correction of deficiencies.
If the applicant within the time limit set in the decision the Executive instructions, next to the complaint shall be deemed to have been filed on the day on which it was first submitted to the Court. Otherwise, next to the complaint shall be deemed not to have been filed and returned to the applicant.
 
317.1 article. The court action after the next complaint After complaint next to judge the complaint and accompanying documents, transcripts sent to the parties.
The expiry of the appeal period, the judge shall immediately forward the case to the Court of complaints next to the instance to which the complaint is addressed.
 
318.1 article. Next to the complaints handling policy next to the appearance of such complaints in the order specified in this code to the proceedings before the Court.
 
319.1 article. District Court, Court House and Senate jurisdiction District Court, Court of Auditors and the Senate the next complaint, have the right to: 1) leave the decision unchanged, but the complaint is dismissed.
2) annul the decision wholly or in part and refer the matter for a new hearing to the Court that the decision taken;
3) annul the decision wholly or partly and with his decision to decide the matter on the merits;
4) to amend the decision.
 
320.1 article. On the next appeal the decision taken by the legal force on the next appeal to the decision may not be appealed, and it comes into lawful effect from the time of acceptance.
 
(B) in the third section, having been convicted by a judgment of the appeal and the case for a new consideration of the thirty-sixth chapter proceedings cassation instance 321.1 article. The right to submit a Cassation Court of second instance (District Court or Court of Justice) judgement (papildspriedum), the parties to the appeal in cassation, but Prosecutor — submit the Cassation protest.
Appeal in cassation may appeal against the judgment of the Court of second instance, if the court violated the substantive or procedural rules of law, or in the proceedings, breach of their competence.
May not be appealed the judgment of the Court of second instance, if the amount of the claim does not exceed 100 lats.
 
322.1 article. The substantive law the breach of substantive rules to be infringed: 1) if the Court has not imposed the substantive law that should have been applied;
2) if the Court substantive rules translated wrong.
 
323.1 article. Procedural rules the violation of procedural rules is considered a violation of: 1) if the Court has not imposed rules the procedural rights which should have been applied;
2) if the Court rewrote procedural rules correctly.
Violation of procedural rules is based on the judgment of the appeal in cassation, if this violation has led or could lead to wrong judgment of the case.
On the procedural rule of law, which could lead to wrong judgment of the case, and in any case be considered in the following cases: 1) if the Court has not legal;
2) if the Court has been in breach of the procedural rules of law, which States that the parties must be notified of the hearing date and place;
3) If, in proceedings, in violation of procedural legal provisions on the language of the proceedings;
4) if the judgment of the Court of Justice determines the rights and obligations of persons who are not invited in as a member of the case;
5 If, making a judgment), violate the provisions of the judgment;
6 when the case is not motivated) judgment of the Court of Justice or the Court sitting protocol.
 
324.1 article. The content of the appeal in cassation appeals must specify: 1) the name of the Court (Senate Department), which addressed the complaint;
2) the complainant's name, surname (legal person — name) and address;
3) judgment for which the complaint is filed and the Court that delivered the judgment;
4) to what extent the judgment appealed from;
5) gets the irregularity of the judgment, and the law that the court violated;
6) request allow rule on the appeal in cassation;
7) request the Senate to cancel or amend the judgment.
The signature of the applicant or his representative. If the appeal in cassation has been lodged by the representative, the complaint shall be accompanied by the relevant power of attorney or other document arising from the right of the representative.
Cassation complaint must contain all the documents, including the document that has been paid for security.
 
325.1 article. The deadline for appeals and the procedure for appeal in cassation may be lodged within 30 days from the date of the judgment.
The cassation instance in the cassation complaint to be addressed to the Court (a District Court or the Court of Auditors), who delivered the judgment.
If the Court's final judgment in a way defined by a different period of time, the appeal period begins on that day.
Can the Parties Article 105 of this code in order to ask the Court that delivered the judgment, missed the deadline for appeals to restore, if it has a valid motive.
If the appeal in cassation is filed within the time limit of appeal directly to the Court, it is not considered late.
The complaint, filed after the expiry of this term, left without examination and send it back to the complainant.
 
Article appears. Copies of the appeal in cassation appeals and related documents submitted with copies according to the number of parties.
 
rule 327.1. The security Lodged a cassation complaint, pay 50 dollars for a security.
If the cassation complaint is justified and the Senate appealed the judgment of the repeal or amend the security she returned back to the complainant. If the Senate rejects the appeal in cassation, the security forfeited.
If the Senate refused to consider an appeal in cassation, the security shall be released.
The security is payable to persons who by law or a court decision (of the judge) are exempt from State fees.
 
328.1 article. Cassation complaint leaving without guidance

If the cassation complaint, which was not signed by the applicant or his representative, if the appeal in cassation is not accompanied by all required transcripts if the security has not been paid or allowed other deficiencies, the judge of the Court of appeal with leave of the appeal in cassation the decision without guidance and set a time limit for the correction of deficiencies.
If the Court of Cassation, the complainant shortcomings prevented a deadline, it is considered to be filed on the day on which it was first submitted to the Court.
If the cassation complaint the applicant within the time limit set, the deficiencies are not eliminated, the complaint shall be deemed not to have been filed and forwarded to the complainant.
On appeal the Court, refusing to accept the cassation complaint or it may be sent back to the Senate side.
 
329.1 article. The Court of appeal by the cassation complaint the judge of the Court of Appeal sends the cassation proceedings and accompanying documents, transcripts. At the same time the Court declares that they have 30 days from the receipt of the duplicate has the right to submit their comments to the Senate due to the appeal in cassation.
The expiry of the time limit for appeal against the judgment of the appeal court, together with the civil cassation complaint promptly to the Senate.
 
330.1 article. Accession to the appeal in cassation for the Confederate and third parties participating in its proceedings the person's side, has submitted the cassation complaint, filed the complaint can join.
Application for accession to the appeal in cassation with the security does not pay.
 
331.1 article. Withdrawal of the appeal in cassation the Person who submitted the cassation complaint is entitled to withdraw up to the appeal court hearing.
If the reference to the action of the Senate hearing, the complainant shall repay the security.
If the appeal is withdrawn, the proceedings shall be terminated.
 
332.1 article. Counter-complaints lodged by the parties within 30 days of the appeal in cassation for the circulation of the daily transcripts may be submitted to the Senate his counter-complaints.
Submitting counter-complaints, this code is to be followed, 321.1 322.1, 323.1, 324.1, appears and 327.1 article.
If the cassation complaint is withdrawn, the look of self-sustainable counter-complaints.
 
Article 333.1. The Senate action came at a Senate hearing All appeals are heard by the hearing held to decide whether the cassation complaint meets this code — article 324.1 321.1 and is pending in the Court of cassation instance court.
Action meeting, a Chairman of the Supreme Court duly appointed senators College, which is made up of three Senators.
If the Senators unanimously the Panel acknowledges that the cassation complaint does not meet the requirements of the law, the action of the Court of Cassation, decision meeting of the proceeding shall be terminated.
If the senator's views are not the same, or all the Senators feel that the thing be the cassation instance, senator of the College with their decision to pass the case to the appeal in cassation.
At the request of a party, if the matter shall be referred to the Senate for consideration, with the hearing decision, you can stop the execution of the judgment in the case.
 
334.1 article. Things hanging for consideration by the Senate meeting proceedings and the rapporteur above a specific order determined by the Department Chair. About the time and place notified to the parties.
Court of cassation instance proceedings before the three Senators.
The Senator, who attended the hearing of the action, may not take part in the appeal court.
 
335.1 article. At the start of the proceedings of the meeting the Chairman opened the hearing and notifies, a case in the Senate.
The President of the meeting clarified that the parties come, their identity, as well as officials and representatives of the authority.
 
Article 336.1. Explanation of rights and obligations for the parties to the sitting President shall notify the composition of the Court, as well as prosecutors and interpreters, saying if they participate in the hearing, and explain to the parties their right to sign up for rejection, as well as other procedural rights and obligations.
The basis for the rejection and rejection decision shall lay down the procedure for the 19 of this code, article 25.
 
Article 337.1. The consequences, if hearing fails to attend the proceedings if the Court does not appear for any of the parties, and the Senate does not have the information that this participant properly notified of the cassation instance court session, Senate hearing postponed.
The fact that the parties that have duly notified of the cassation instance court sitting time and place to appear for the hearing, shall not be an impediment to the proceedings.
 
338.1 article. The application of the parties deciding applications for proceedings in all matters connected with the proceedings in the Senate, decide the Court after other parties ' point of view the hearing.
 
339.1 article. Report on the case to the Senator Rapporteur gave a report on the circumstances of the case, atrefer was given the content of the judgment, an appeal in cassation or the arguments against counter-complaints appeals filed the opposition arguments, as well as additional content of the documents submitted.
 
340.1 article. Explanations of the parties and the public prosecutor's opinion After the senator's message the court listens to each party or its representatives for clarification. The Senate can ordain speaking time, but both parties speaking time granted must be equal.
First the Prosecutor insisted, if he filed a protest, or the person who submitted the appeal in cassation. If the verdict of the appeals of both parties, the first presenting at the plaintiff.
Each of the parties appealed the district meeting shall be entitled to one replica.
Senators can ask questions to the parties.
After the explanations of the parties and of the Prosecutor, if the replica he participates, gives his opinion.
 
341.1 article. After the judgment the clarification of the opinion of the Court and the Prosecutor behind the Conference room to get ready.
The Senator discussed and judgement going on 17, 194 of this code, in article 198.
The operative part of the judgment signed by the entire composition of the Court and must be attached to the case.
After the senator discussed the Court returns to the courtroom and hearing the Chairman reads the operative part of the judgment.
Then the Senate will notify you when the parties can consult with a motivated decision. Motivate all court judgments signature composition.
If the Senators come to the opinion that this Court is not possible to build judgment that operative part, the Senate adopted the decision laying down the next court session, when the parties will be communicated to the operative part of the judgment.
 
342.1 article. The suspension of the proceedings before the Court of cassation proceedings, if the Court of Cassation, the Court come to the opinion that the matter at issue is the need to give a full Court of the Supreme Court's interpretation of the law or that the explanation given earlier would be amenable, the Senate shall adopt a decision suspending the proceedings of the Court of cassation instance.
The decision of the Senate Department sends to the President of the Supreme Court with a request to convene a full Court of the Supreme Court to look into the matter in question.
After the issue of the full Court of the Supreme Court of cassation proceedings in court is restored.
 
342.2 article. The boundaries of the Court proceedings, the proceedings of the appeal in cassation proceedings in the examination of the legality of the judgment under appeal in part to persons who appeals a judgment or acceded, and only in relation to the argument of an appeal in cassation.
The Court can cancel all judgments, although only part of the appeal, if the Court finds such procedural irregularities, which led to all the things the wrong judgment and the judgment illegal.
 
342.3 article. Cassation instance court of law, examined the case, you can take one of the following decisions: 1) leave of the judgment, but the appeal is dismissed.
2) cancel all or part of the judgment and refer the case back for a new hearing of the appeal or the Court of first instance;
3) cancel all or part of the judgment and terminate the proceedings or leave without examination of the application of this code and article 221.223-specified reasons;
4) to amend the judgment, without transferring the case to a new investigation, if the appellate court case set correctly, but when determining the eligible amount of the claim, the material error in law.
 
Article 342.4. Judgment of the Court of cassation instance court of cassation instance the content of a judgment of the Court of Justice consists of an introduction, descriptive, themes and the operative part.
Enter the part of the Court indicate: 1) the Department name of the Senate and senators, who reviewed the case;
2) judgment time and place;
3) things members that participated in the proceedings;
4) the person who submitted the complaint of Cassation (counter-complaints) or acceded thereto, as well as prosecutors, who lodged a cassation protest.
The descriptive part of the Court indicate: 1) a brief statement of the facts of the case;
2) judgment of the Court of appeal;
3) the cassation complaint (protest) short retelling;
4) or the opposition brief counter-complaints retelling.
The grounds of the Court indicate: 1) rejecting the (protest) — arguments that the complaint (protest) rejected;
2) allowing the cassation complaint (protest) — arguments for the Court of Appeal allowed the infringement or incorrect interpretation.

In the operative part of the Court to indicate the Senate ruling in accordance with article 342.3 this code point.
 
342.5 article. The Court of Cassation of the indispensability of the instructions instructions expressed in the judgment of the Court of cassation instance is mandatory for the Court in this case.
The Court of Cassation in its judgment is entitled to specify what the substantive law to be applied and the judgment to make a case.
 
342.6 article. The Court of Cassation judgment of legal force of the Cassation instance court judgment is not appealable, and it shall enter into force from the date of the operative part of the Declaration.
 
(B) thirty-sixth chapter the new investigation, in which the judgment or decision entered into legal force of 343.1 article. The basis for a new case for consideration, having been convicted by a judgment or decision can cancel entirely or partially: 1) as a result of newly discovered circumstances;
2) on the basis of the Supreme Court, the President of the Senate of the President or the Attorney General's Department.
The basis of hearings due to newly discovered circumstances are: 1) the relevant circumstances that existed at the time of the trial, but was not and could not be known to the Court;
2), having been convicted by a judgment of the Court of Justice in criminal matters found intentionally false witness statements, knowingly false expert opinion, knowingly false translation, false written or real evidence which was given illegal or unjust judgment;
3), having been convicted by a judgment of the Court of Justice in criminal matters established by the parties, the other parties to the proceedings or their representatives for criminal acts committed, in considering the case;
4) judgment of the Court (civil or criminal) or other institutions of the decision, which was the basis for the Court to get a judgment in a civil matter or of the relevant decision.
Basis for filing the protest, having been convicted by a judgment or decision is relevant material or procedural norms of law violations as detected cases is not considered an appeal and appeal in cassation.
 
343.2 article. Initiation due to newly discovered circumstances case due to newly discovered circumstances may propose to the parties upon application: 1) of the district (City) Court judgment of annulment: the District Court;
2 the judgment of the District Court for revocation) — Court;
3) judgment of the Court: the abolition of the Senate.
Application can be submitted within three months from the date when the circumstances are established on the basis of the case for a new trial.
The application shall not be considered if the judgment or decision entered into force more than 10 years.
 
343.3 article. The submission deadline for the calculation of the submission deadline shall be calculated: 1) 343.1 this code the second paragraph of article 1 the conditions listed in paragraph from the opening day of the conditions;
2 this code 343.1) the second paragraph of article 2 and paragraph 3 in the cases specified, from the date final judgment in criminal proceedings;
3 this code 343.1) the second paragraph of article 4 in the cases listed in paragraph — of the final court ruling that cancelled the verdict in a civil or criminal case, or when other institutions canceled a decision to which the judgment or decision is based, which asked to cancel due to newly discovered circumstances.
 
343.4 article. Application for examination of the application in the context of significantly lower valuation of the court hearing.
For the hearing and a copy of the application to notify the case to the members. This person is not an obstacle to the application of absence for treatment.
 
343.5 article. Decision of the Court, the Court examined the application checks whether the conditions to which the applicant refers, are to be considered as newly discovered circumstances in accordance with this code, article 343.1
If the Court finds it jaunatklāto conditions wholly or partially repealed the contested judgement or decision and shall refer the case to a new Court of first instance.
If the Court finds that the circumstances indicated in the application are not newly discovered, it shall reject the application. Such decision may be submitted to the next.
 
343.6 article. Proceedings based on the Supreme Court, the President of the Senate of the President or the Attorney General's Department filed the protest cases filed in protest of a judgment or decision, the Supreme Court Senate of this code, in article 333.1 342.2 specified order. "
34. the express article 348 of the first and the second part as follows: "the Executive article a first instance or appellate court after the judgment of the statement into the final, but in the case of a judgment enforceable immediately — immediately after the judgment.
The Executive shall issue a collection agency on the articles she requested the Court that at the time the case is located, with the exception provided for in the third subparagraph. "
35. Express 353. the first paragraph by the following: "the execution of a document can be submitted to forced execution in 10 years from the judgment of the Court or a judge's decision on the date of entry into force of the law in the other."
36. Express 354. the second subparagraph by the following: "the limitation period is interrupted also with partial decision."
37. To replace the words "in article 362 after this article 207 of the code provisions" with the words "by this code or in article 207.307.1 terms".
38. Replace article 363 in the second paragraph, the words "examine the 208 of this code in accordance with the procedure laid down in article" with the words "the appearance of this code or in article 208.309.1 the order".
39. Turn off article 370 and (3).
40. the supplement "of annex 1 of the code of property list, which cannot be said for recovery after the execution of documents" in paragraph 1, the words "as well as the debt is recovered due to payments for utilities, home maintenance, operation and repair costs and the owner of the apartments there are no other things".
 
 
1. Transitional provisions this law, 3., 4., 31 and article 32 entry into force by February 1, 1996.
2. a third of the code of civil procedure (A) and (B) the provisions of the third section refers to things that are in the first instance judgment and decision in the first instance or appeal adopted, starting with the October 15, 1995.
3. Things that are considered in the first instance or decisions adopted before 15 October 1995, the Court of Cassation and supervision according to the subject on the agenda of the civil procedure code of Latvia in third and fourth title until January 31, 1996, inclusive.
4. During the transition period from 15 October 1995 to 31 January 1996, the cases in cassation according to Latvian in the third section of the code of civil procedure rules of the Supreme Court hears Civil Chamber of three judges, but the procedures for supervision, according to the civil procedure code of Latvia the provisions of title IV of the Civil Chamber of three judges or three Senators in the Senate.
5. proceedings in the District Court case due to complaints about the land registry Department boss decisions and actions that are received before 15 October 1995, pending in the District Court, but further consideration of this complaint, according to the land registry law, the provisions of article 98 of the Supreme Court Chamber.
6. in the case of real property rights, as well as other things that under this Act are the responsibility of the regional, district (City) Court, where the case was brought before the Court of 15 October 1995. Also, the requirement of joint property, the Division of real estate, if it brought a divorce case before 15 October 1995, pending the district (City) Court.
7. State fee in cases which the Court suggested before October 15, 1995, also on the date determined in accordance with, the laws of Latvia, unless Article 80 of the code of civil procedure does not provide for a smaller State duties.
8. the cases in which it is entered in effect on legitimate business judgment and decision, the appellate decision, can be dealt with under the new civil procedure code of Latvia the thirty sixth (B) the provisions of Chapter due to newly discovered circumstances or on the basis of the Supreme Court, the President of the Senate of the President or the Attorney General's Department in protest if significant violations of substantive rules. Case due to newly discovered circumstances may propose, upon application by the District Court jurisdiction.
The law shall enter into force on 15 October 1995.
The law adopted in 1995 the Saeima on September 13.
1995 in Riga on September 28 the President g. Ulmanis