Judicial Expert Of The Disciplinary Proceedings And The Application Of Penalties

Original Language Title: Tiesu ekspertu disciplinārlietu izskatīšanas un sodu piemērošanas kārtība

Read the untranslated law here: https://www.vestnesis.lv/ta/id/178743

Cabinet of Ministers Regulations No 564 Riga, July 21, 2008 (pr. No 51 1) judicial disciplinary proceedings and of experts for the application of fines Issued in accordance with the law of the judicial expert article 25 the fourth part i. General issues 1. rules determine the disciplinary proceedings and disciplinary measure application of judicial experts. II. The disciplinary proceedings against the Court to consider the 2 expert proposed the disciplinary Commission, establishing the disciplinary proceedings (hereinafter referred to as the Commission) for not less than three persons. The order for the establishment of the Commission to the Chairman of the Commission and its composition. 3. the Commission, with the exception of those provisions (4) and (5) in the cases referred to, including the composition of the court expert Council (hereinafter Council) representative, establishing the Court examiner's authority (hereinafter the authority). 4. The Commission shall set up a disciplinary Council if the President proposed to: 4.1 private court expert;
4.2. national judicial experts (on the basis of the substantiated request the authorities to examine disciplinary proceedings);
4.3. the Authority's Manager, who carries out the obligations of judicial experts (based on the higher authority, to examine disciplinary proceedings). 5. If the disciplinary proceedings taken against the head of the authority that carried out the duties of the Commission of experts, including its composition, the Council representative, creates a higher authority. 6. If the Council hears disciplinary proceedings against State judicial expert panelists included the head of the institution concerned. 7. the Commission, during the month of initiating disciplinary proceedings disciplinary look of the day-find out the disciplinary conditions, finds the presence or absence of disciplinary, identify it and establish a disciplinary offence perpetrator the court expert – and drawing up an opinion on this, or is committed a disciplinary. 8. Disciplinary proceedings are not included in the period of time during which judicial expert has been temporary incapacitation, or he's been on vacation or a business trip. The preparation of the opinion, the time limit can be extended under the Act on administrative procedures the cases and under the conditions prescribed. 9. disciplinary conditions, clarifying the Commission obtains information about the disciplinary proceedings of the actual circumstances, collects and adds to the disciplinary materials that justify the established conditions. 10. Judicial expert and the person you created, as well as the other person involved are bound by written request of the Commission to give written or oral explanations. 11. If oral explanations, it recorded. The minutes shall be signed by the provider and the explanatory memorandum to the Commission President or his authorised the Member of the Commission. The protocol adds disciplinary materials. 12. When determining the disciplinary measure take into account judicial expert on disciplinary consequences and nature of the fault. 13. for each of the disciplinary court expert to apply only one disciplinary penalty. 14. the Following disciplinary investigations and evaluation the Commission will prepare an opinion. Opinion: 14.1. preparing the opinion date and place;
14.2. the date and number of the decision by which the proposed disciplinary proceedings;
14.3. the date and number of the order that established the Commission, as well as the composition of the Commission;
14.4. at the expert's name and job title;
14.5. the specific legislative provisions on which the proposed disciplinary infringements, and that the rules of law for this offence for disciplinary actions;
14.6. the actions undertaken by the Commission, as well as information about the extension if it was extended;
14.7. Commission findings and materials, which are fixed values;
14.8. the person to whom the harm caused, if any;
9.3. disciplinary hearing conditions found during analysis;
14.10. the conclusions for this, or have done so, including disciplinary rules and conditions that justify the conclusions reached;
14.11. the conclusions of the expert or the Court, against which the proposed disciplinary proceedings, is guilty of a disciplinary offence, and judicial experts fault form;
14.12. judicial expert appraisal of the explanation provided and the arguments that refuted them or justified;
14.13. Commission proposal: as a court expert 14.13.1. to disciplinary action, indicating the disciplinary and the applicable disciplinary measure;
14.13.2. on the termination of the disciplinary proceedings, if the disciplinary investigation finds that the expert is not to blame for a disciplinary offence or joined other circumstances which prevent the application of disciplinary measure;
14.13.3. about shipment of the material to the competent disciplinary body for decision on the question of prosecution expert administrative or criminal liability. 15. the opinion shall be signed by all the members of the Commission. If any member of the Commission are separate thoughts, they state opinions. 16. The signed opinion along with the materials submitted to the authority of the disciplinary supervisor or to the Council. III. the application of a disciplinary measure 17. Authority the Manager or by the Council, on the basis of the opinion of the Commission, within five working days of the decision on the application or no disciplinary action disciplinary termination. If the head of the authority or the Council decided otherwise, not recommended in the opinion, it justified the decision. 18. If the decision on the application or no disciplinary action disciplinary termination shall adopt the Authority's leader, sent a copy of the decision to the Council. 19. Decision on disciplinary action, other than a decision on judicial expert of the law article 25, second subparagraph, the application of the penalties established shall enter into force at the moment when it notified the court expert. 20. the decision of the Court of law experts in the second paragraph of article 25 of the application of the penalties established shall enter into force within the time limit laid down in the decision and enforced immediately. 21. the decision on the application of disciplinary action is terminated when a court expert is ended. 22. the decision on the application of disciplinary measure is renewed if within one year of the termination of the court expert shall be recruited or appointed in the same or another court examiner's Office. 23. the experts considered a disciplinary punishment, if not during the year after the application of disciplinary actions or from the day on which the disciplinary action, it did not commit a new disciplinary. 24. If no disciplinary action-note, the experts considered a disciplinary punishment, not if, within three months after the application of disciplinary actions it did not commit a new disciplinary. 25. for the duration of the Disciplinary Court of experts should not be promoted. 26. If the expert is intended for the conduct of administrative and criminal liability, the authority or the Disciplinary Council shall prepare and send it for review by jurisdiction. 27. A copy of the decision on disciplinary action, disciplinary action, termination or disciplinary letter a copy of material sent to the institution which is competent to decide on the prosecution of the judicial expert statutory responsibility, adds expert's personal affairs Court. IV. Disciplinary material recording, storage and notification of decision 28. Disciplinary proceedings are recorded and stored in the material body of the disciplinary hearing. 29. the head of the authority or the Council immediately, but not later than seven days after the decision on disciplinary action, disciplinary action or termination of application of disciplinary proceedings shall be issued by the Court against the expert decision or send it registered post on the person's declared home address. 30. a copy of the decision with the court expert proof of receipt of the relevant decision or certification issued by the post Office for sending registered post add disciplinary materials. V. Decision contested and 31 Appeals decision on application of the disciplinary court expert can challenge a month from the date of entry into force of the decision: 31.1. higher official made a decision – if the authorities;
19.4. If the Ministry of Justice of the decision taken by the Council. 32. the decision on the contested administrative act may appeal to the Court of Justice of the administrative procedure law. 33. If the application of disciplinary decisions adopted a higher official, court expert decision may be appealed to the Court of Justice of the administrative procedure law. Prime Minister i. Godmanis instead of the Minister of Justice, Minister of Economic Affairs k. Gerhard