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The Order In Which The Maintenance Guarantee Fund Administration Implements The Functions Of The Central Authority In Matters Of Cross-Border Maintenance

Original Language Title: Kārtība, kādā Uzturlīdzekļu garantiju fonda administrācija īsteno centrālās iestādes funkcijas pārrobežu uzturlīdzekļu lietās

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Cabinet of Ministers Regulations No 571 Riga, July 19, 2011 (pr. No 44 30) the order in which the maintenance guarantee fund administration implements the functions of the central authority in matters of cross-border maintenance claims Issued in accordance with the maintenance Guarantee Fund Act 4 the second subparagraph of article i. General questions 1. provisions lay down the procedures and the extent to which the administration of the Maintenance Guarantee Fund (hereinafter Fund Administration) of the Council of 18 December 2008, Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (hereinafter Regulation No 4/2009) in the cases specified in : 1.1. implements the functions of the central authority;
1.2. to fulfil the tasks set by the central authorities;
1.3. provide persons with free legal assistance;
1.4. implementing the Regulation No. 4/2009 rights.
2. the administration of the Fund by the central authorities for the exercise of its functions, tasks and exercise of their right to obtain the necessary information from relevant national information systems or the courts, individuals, State and local authorities. Court, people, State and local authorities which have received the Fund's administration request, provide the information in their possession to the administration of the Fund.
3. the applicant within the meaning of this provision are: 3.1 a person under Regulation No. 4/2009 article 2, paragraph 1, 10 and 11;
3.2. Authority under Regulation No. 4/2009 article 64 (1).
4. The Republic of Latvia natural persons residing in accordance with Regulation No. 4/2009 article 56 through appearing in annexes VI and VII sample forms can be submitted to the administration of the Fund in the following applications: 4.1 for the ruling on the acceptance of the maintenance in another European Union Member State;
4.2. maintenance of ruling on the amendment of another Member State of the European Union, pursuant to the provisions of Regulation No. 4/2009 article 8 conditions;
4.3. the filiation of the other Member State of the European Union, if the application is filed together with the application for the award of maintenance;
4.4. maintenance of ruling on the recognition, Declaration of enforceability or enforcement in another Member State of the European Union.
5. In accordance with Regulation No. 4/2009 article 56, using VI and VII add Kuma on the sample forms in the administration of the Fund with the foreign central authority may submit such applications: 5.1 for the ruling on the acceptance of the maintenance in the Republic of Latvia;
5.2. the ruling on amendment of maintenance in the Republic of Latvia pursuant Regulation No. 4/2009 article 8 conditions;
5.3. the filiation of the Republic of Latvia, if an application is filed together with the application for the award of maintenance;
5.4. maintenance of ruling on the recognition, Declaration of enforceability or execution in the Republic of Latvia.
6. The foreign central authority under Regulation No. 4/2009 article 53, using the standard form in annex V to the sample, you can submit a request to the Fund trācij in the admin to take specific measures.
7. in accordance with these provisions, as adopted in the decision of the administration of the Fund is arguably open to appeal and the maintenance guarantee fund in accordance with the procedure prescribed by law.
II. examination of applications submitted to the Fund's administration to transfer the foreign central authority and administration of the Fund transmission of applications 8. If living in the Republic of Latvia natural persons in the administration of the Fund shall be submitted to any of the provisions referred to in paragraph 4, the administration of the Fund shall act in accordance with Regulation No. 4/2009 article 58 1 and 2 and 10 working days from the date of receipt of the application, forward it to the relevant foreign central authority.
9. If paragraph 8 of these provisions, the administration of the Fund finds that the application is not accompanied by all required documents, the applicant so requests, the natural person – submit them within 10 working days from receipt of the request. If the applicant natural person-Fund-Administration deadline does not submit the necessary documents, the administration of the Fund shall decide to refuse the application progress and it along with the application and the attached documents, if any, submitted to the Fund Administration, shall be forwarded to the applicant – a natural person.
10. Fund Administration provides the application and the attached documents, if these rules referred to in point 8, the applicant natural person-the Fund Administration shall provide indigent or needy person identity document issued pursuant to regulations, arrangements for a person to be recognized as indigent or poor. If the applicant natural person-, is not disadvantaged or needy person, to ensure the application and the translation of documents in the language of the applicant – natural persons – obligation.
11. the administration of the Fund, using Regulation No. 4/2009 article 64 the rights, you can prepare the application and send it to the relevant foreign central authority.
III. examination of applications that the Fund's administration filed with the foreign central authority 12.  If the foreign central authority the administration of the Fund shall be submitted to any of the provisions referred to in paragraph 5, the Fund Administration shall act in accordance with Regulation No. 4/2009 article 58, paragraphs 4 and 5 and 30 working days from the date of receipt of the application, using Regulation No. 4/2009 VIII form in annex, inform the central authority of the requesting State on receipt of the application and the relevant Regulation No. 4/2009 referred to in article 58.
13. Fund Administration within 30 working days from the date of receipt of the application and this rule 12 requirement referred to in paragraph: 13.1. transmit or submit an application to the Court, if the applicant is exempt from court fees to pay national income;
13.2. If the applicant is exempt from court fees to pay national income, inform the applicant about procedures for the legal costs payable, and, if the applicant is to be granted free legal assistance, including the order in which a person can ask for exemption from court costs to pay. After payment of costs or request for exemption from court costs to pay for the administration of the receiving Fund transfers or submit the application and the request to the Court for exemption from court costs paid;

13.3. transmit or submit the application to the relevant sworn bailiff, if the applicant is exempt from enforcement of pay expenditure for the sworn bailiff;
13.4. If the applicant is exempt from enforcement of pay expenditure for the sworn bailiff, shall inform the applicant about procedures for the execution of the ruling paid expenditure, and execution of expenditure after ruling payment transfers or submits an application to the jury bailiff.
14. forwarding or application for jury bailiff, fund administration indicate enforcement feature. The administration of the Fund, contact the relevant foreign central authority to ascertain the views of the applicant for enforcement.
15. If the foreign central authority of applications received, the administration of the Fund finds that it is not complied with Regulation No 4/2009 requirements, so this paragraph 12 of the rules of the act within the time limit set in accordance with Regulation No. 4/2009 article 58 paragraph 8 and 9 using Regulation No. 4/2009 in annex IX in the form provided.
IV. Provision of legal assistance in connection with the administration of the Fund, submitted to the foreign central authority 16.  The administration of the Fund in respect of applications, which are not mentioned in the Regulation No. 4/2009 article 46, paragraph 1, shall take a decision on the free legal aid or on the refusal to grant legal aid free of charge if it has not been established the Foundation of free legal aid. The Fund Administration shall designate an employee to represent the Regulation No. 4/2009 article 46, paragraph 1, as well as, if the decision is taken on the free legal aid, article 47 1 and 2 indicated in the applicant-the physical person – interests.
17. Regulation No. 4/2009 article 47 1 and 2 indicated in the applicant-the physical person-the right to free legal aid, if the person concerned has expressed such willingness, the administration of the Fund shall be evaluated according to the Regulation No. 4/2009 and in chapter V of the Act on State legal aid, article 3 of the third part. The required information in the applicant's particular situation, property status and income level to clarify the administration of the Fund requires foreign central authorities, pursuant to paragraph 12 of these rules laid down. 
18. If the Regulation No. 4/2009 article 47 1 and referred to in paragraph 2, the applicant natural person-under Regulation No. 4/2009 article 47 paragraph 2, the Member State of origin has received full or partial legal aid with any recognition, Declaration of enforceability or execution proceedings in the administration of the Fund and shall submit to the competent authorities of the relevant documents issued by the administration of the Fund pursuant to paragraph 16 of these regulations designate an employee to represent the interests of the applicant.
19. the administration of the Fund, taking into account Regulation No 4/2009 article 46 (2) of the regulation shall be evaluated No 4/2009 article 46 the application referred to in paragraph 1, other than applications referred to in Regulation No. 4/2009 article 56 paragraph 1, "a" and "b".
20. If the applicant is not entitled to free legal aid or if the administration of the Fund, paragraph 19 of these rules in the order provided for in assessing the merits of the application, finds that it is manifestly unfounded, it shall take a decision on the refusal to grant legal aid free of charge.
21. the Fund's administration employee who posted to provide the applicant with free legal aid, if necessary, provide advice, shall draw up the draft documents, the representative of the applicant to the Court and use all legal means to the applicant's interests.
V. representation in relation to the applications submitted to the Fund's administration with the foreign central authority 22.  If in case, in which the employees of the administration of the Fund represents the interests of the applicant, or if a counterclaim is brought this case is combined with other things, employee of the administration of the Fund represents the interests of the applicant, Regulation No 4/2009 in the framework of the mandate provided for in relation to the maintenance and establishment of paternity, if such a claim is brought together with the recovery of maintenance claims. 
23. This provision referred to in paragraph 22, the Fund Administration shall inform the foreign central authority for the order in which the applicant may receive legal aid proceedings initiated in part, on the basis of Regulation No. 4/2009 24.  If this provision is paragraph 22, in the case referred to in the applicant's interest in the legal proceedings initiated in part, on the basis of Regulation No. 4/2009, representing another person or even an authorized applicant, employee of the administration of the Fund in the interests represented by the applicant, in cooperation with the authorized representative of the applicant or applicants, and decide on future action in a coordinated way.
25. If the Court takes a decision on the applicant's participation in the hearing, which provides free legal assistance, the administration of the Fund shall be borne by the applicant, Regulation No 4/2009 article 45 "g" referred to the road (transport) costs according to the laws of the order in which the recoverable costs associated with business travel, as well as the travel costs of compensation rules and the rules of compensation for costs associated with work trips , set about, if the applicant is getting a Court used the rail transport, air transport, maritime, transnational sharing of road transport (bus) according to the tariffs of the economic class or equivalent class.
Vi. the Court ruling against 26.  If the Court rejected one of the rules referred to in paragraph 5 of the applications submitted to the Court by the Fund Administration, fund administration, not later than five working days from the receipt of a court order days inform the foreign central authority for a court ruling, as well as for its appeal.
27. If the administration of the Fund has provided the applicant with free legal aid, the maximum period of five working days of the rule referred to in paragraph 26 of the judgment is received contact the foreign central authority to ascertain the applicant's views on the need to appeal to this Court ruling.

28. If these provisions referred to in paragraph 27, the Fund's administration is presented information about the need to appeal the Court ruling, the administration of the Fund of civil law and order within the time limit set in the relevant complaint and submit it to the relevant court.
VII. With the provision of legal aid costs drive 29.  If the court application totally or partially rejected, left without examination or terminating the proceedings and the administration of the Fund, the applicant has provided free legal assistance, the administration of the Fund, driven by free legal aid expenses in full, if it finds that, in accordance with the relevant laws and regulations of the foreign applicant is not poor or needy person or country concerned do not have the right to free legal aid , and any of the following circumstances: 29.1. the applicant has specified what inappropriate messages that were based on the free legal aid;
29.2. the applicant is unduly received free legal assistance;
29.3. the applicant did not cooperate with the administration of the Fund for legal aid in proceedings – on time and to the extent required does not provide the necessary information and documents.
30. Where the applicant's financial situation permits, to recover the costs of the administration of the Fund and have found one of these rules specified in paragraph 29, the Fund Administration shall take a decision on the recovery of the costs from the applicant and shall forward the decision to the applicant. While the Fund's Administration explains the applicant's obligation to execute decision freely within 30 working days from the date of receipt, and the consequences will be if this decision voluntarily will not be executed.
31. If an applicant within 30 working days from the rule referred to in paragraph 30 of the date of receipt of the decision to voluntarily comply, the administration of the Fund not forward the decision on the recognition and enforcement of foreign court concerned or the institution. If the decision referred to in this paragraph may be executed in the Republic of Latvia, the administration of the Fund shall prepare according executory order maintenance guarantee fund article 11.1 of law and shall forward it to the appropriate execution of the jury bailiff.
VIII. Request special measures 32.  If the Administration receives the funds from the foreign central authority application of Regulation No. 4/2009 in annex V provide the specimen form, it: 32.1. take all necessary measures for the foreign central authority for the execution of the request, obtain the necessary information from relevant national information systems or relevant courts, individuals, national and municipal authorities;
32.2. within 10 days of the date of receipt of the application to prepare and submit the application to the Court, where proceedings are initiated or plans to launch it in the Republic of Latvia and the application contains the foreign central authority a request for evidence or claims.
33. the Court of Justice, people, State and local authorities which have received the Fund's administration a request for information under this rule, the appearance of 32.1 it according to competency, as well as to take the necessary measures to ensure the Regulation No. 4/2009 these requirements, and provides the Foundation for the administration of the information in their possession.
34. the administration of the Fund, if necessary, using Regulation No. 4/2009 V form in annex, draw up a request to take specific measures and forward it to the relevant foreign central authority.
Prime Minister, the Deputy Prime Minister, Defense Minister a. Pabriks, Minister of Justice ad interim Minister of interior space, the cultural Minister of Ēlert.