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Judicial Expert Of The Disciplinary Proceedings And Arbitration Proceedings

Original Language Title: Tiesu ekspertu disciplinārlietu ierosināšanas un izskatīšanas kārtība

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Cabinet of Ministers Regulations No. 782 in 2016 (13 December. No 68 22) judicial disciplinary proceedings and expert handling policy issued in accordance with the law of the judicial expert article 20, second subparagraph, and article 22, third paragraph i. General questions 1. determines the judicial disciplinary proceedings and the expert handling policy.
2. the disciplinary court recognized expert with the intention of (intentionally) or negligently violation (action or inaction) referred to the Court of law in article 20 experts and is related to the duties of the judicial expert.
3. Disciplinary recognised as so: 3.1 intentionally (intentionally), if the expert who did it, is aware of the unlawful nature of their actions, intended by its harmful effects and wanted or deliberately allowed accession these effects; 3.2. the attention of the court expert who done it, had foreseen its potential adverse consequences, but he trusted that they do not occur or that they will be able to prevent, or does not intend that such consequences may occur, even though the circumstances they should have expected it and judicial expert could provide them.
II. The disciplinary proceedings 4. Before initiating disciplinary proceedings the court expert Council (hereinafter Council) during the month after the judge or the promoters of the proposal process or person's receipt of the complaint, or the start of the activities in question in relation to the possible initiation of disciplinary proceedings carried out a comprehensive examination of the materials received earlier and may request a written explanation of the judicial expert. 5. Judicial expert written explanation is provided within 15 days from the receipt of the request for an explanation. 6. the Council is entitled to request from the court proceedings, the process, the public authorities, other bodies and persons, additional information necessary for decision on the question of the disciplinary proceedings. 7. the Council, when assessing the information, adopt one of the following decisions: initiate disciplinary proceedings against 7.1 the court expert; 7.2. refuse to propose disciplinary proceedings against the court expert. 8. the Council has at its disposal the materials sent for review, if the competent authority finds that a disciplinary hearing is not within its competence. 9. If the Board finds that the expert has given a false expert opinion, but his actions are not visible in the Court of law 20 of experts referred to in the first subparagraph in the event of disciplinary actions and there is no reason to propose disciplinary proceedings, the Court shall notify the Council of experts and inform the authority that the court expert is employed. 10. the decision on the initiation of disciplinary proceedings: 10.1. judicial expert's name, place of business, as well as court expert specialty and judicial expert certificate number; 10.2. in the framework of the previous inspection activities (information gathering, for explanation) before deciding on disciplinary action; 10.3. preliminary findings of the inspection in the circumstances (the information in the documents, the court expert explanation, perhaps a disciplinary offence in the conditions and other information relating to disciplinary proceedings); 10.4. the person harmed, if there is one; 10.5. rules that for this offence for disciplinary responsibility; 10.6. the Council approved the disciplinary hearing Commission (hereinafter the Commission). 11. the disciplinary proceedings and the decision on the initiation of the Disciplinary Council not later than the working day following that of its adoption be referred to the Commission. 12. If the disciplinary procedure proposes to forensic psychiatric expert Court on judicial expert of the law article 20, first paragraph, referred to in paragraph 2, the Council disciplinary: 12.1. disciplinary materials and the decision on disciplinary prosecution with copies of health inspection for an opinion on the adequacy of the judicial expert opinion method and its merits. Health inspection findings provide a month from receipt of the copy of the disciplinary materials; 12.2. not later than on the working day following receipt of the opinion of the health inspection to be referred to the Commission. 13. These provisions 12.1.  the opinion referred to in the provision is not an obstacle to the disciplinary proceedings.
III. Disciplinary proceedings

14. The disciplinary appearance two months from initiating disciplinary proceedings. 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. 15. the Commission of the date and time of the hearing, the Commission shall, no later than five working days before the hearing, the Court shall notify the Council of experts, against which the proposed disciplinary, judicial expert of the law article 21, second, third and fourth paragraph referred to pieaicinām persons and the person harmed, if there is one. 16. The Commission may request from the court expert against whom the disciplinary proceedings initiated, from the person harmed, if there is one, or from other interested parties additional documents and materials about the disciplinary conditions, as well as information from the competent authorities for forensic psychiatric expert and professional activities, if necessary disciplinary proceedings. 17. the Commission sitting is closed. 18. the Commission shall be valid if they are sitting on more than half of the members. 19. The Chairman of the Commission opened the hearing and shall notify the Commission. 20. The disciplinary panel hearing begins with the President of the Commission. After the Commission receives the court expert requests and explanations, against which the proposed disciplinary proceedings, as well as other invitees to the meeting requests and explanations, case material and other documents. 21. The court expert, against which the proposed disciplinary proceedings, and a person who has suffered harm, if any, as well as other persons invited to the hearing, the Commission left the hearing room after the Chairman of the Commission. 22. when considering disciplinary proceedings, take into account the nature of the disciplinary and injury, as well as the form of guilt in accordance with paragraph 3 of this rule. 23. Responsibility for disciplinary court expert to soften the voluntary confession of a disciplinary offence. Mitigating circumstances may admit also other circumstances. 24. If the expert against whom the disciplinary proceedings initiated, or a person who has suffered harm, if any, fails to appear at the Commission hearing, without justification, the Commission shall examine, on the basis of the disciplinary case see circumstances and available information. The Commission said an absence of persons recognised as valid, the Commission shall determine the date for the next hearing, on notice to the provisions in point 15. 25. the meeting of the Commission, Secretary of the Council (hereinafter referred to as the Secretary). The minutes of the hearing of the Commission: 25.1. the Commission date and place of the hearing; 25.2. the protocol number; 25.3. the members of the Commission, to present, and whether the Commission is valid; 25.4. the sessions of the Commission, Registrar; 25.5. the Commission invited the parties at the hearing, if any; 15.9. the explanations given at the hearing and the request, if any; 25.7. the Commission observed at the hearing; 25.8. the members of the Commission and of the views expressed by the person that invited in an advisory capacity; 25.9. opinion of the Commission; 25.10. other disciplinary proceedings related news. 26. The Secretary shall prepare the minutes of three working days after the Commission meeting. The minutes of the proceedings of the Commission, signed by the Chairman of the Commission and the Secretary. 27. the Commission, in an open vote, with a simple majority of the members present and support one of the following proposals: 27.1. terminate the disciplinary procedure; 27.2. to terminate the court proceedings, expressing expert admonishes; 27.3. example of a court expert one of the judicial expert of the law article 22 provided for in the fourth paragraph of the disciplinary measures. 28. the judicial expert of the law article 22 quarter disciplinary action referred to in paragraph 2 shall apply, if the disciplinary board is created. Of material injury: 28.1. economic loss amounting to disciplinary committing more than five for the period in question the national minimum monthly wage; 28.2. the personal damage that cannot be remedied by removing the direct consequences of the disciplinary. It is considered a significant personal injury; 28.3. damage to important national or public interest that cannot be avoided by preventing the direct consequences of the disciplinary. 29. Votes by a similar Commission President shall have a casting vote. If any member of the Commission is a separate point, the minutes of the hearing and the opinion. Member of the Commission may not abstain from voting. 30. the Commission shall decide on the proposal to end the disciplinary procedure, if it determines the composition of a disciplinary or judicial experts have joined law article 20 referred to in the fourth paragraph. 31. the opinion shall state: 31.1. date of the opinion; 31.2. the Council decision, the date and number of that proposed disciplinary proceedings; 19.4. the court expert's name and specialty, against which the proposed disciplinary proceedings; 19.5. the legal provisions on which this offence for disciplinary responsibility; 31.5. the actions undertaken by the Commission; 19.6. the Commission's findings and materials, which are fixed values; 19.7. the person to whom the harm caused, if any; 19.8. the disciplinary proceedings of the conditions found during analysis; 19.8. the conclusions for this, or have done so, including disciplinary rules and conditions that justify the conclusions reached; 31.10. conclusions as to whether the court expert, against which the proposed disciplinary proceedings, is guilty of a disciplinary offence, and judicial experts fault form in accordance with paragraph 3 of this rule; 31.11. judicial expert appraisal of the explanation provided; 31.12. members of the Commission, if any, of the individual views expressed; 31.13. Commission proposal in accordance with the provisions of paragraph 27. 32. The Secretary shall prepare an opinion within five working days after the meeting of the Commission, which supported this provision, paragraph 27 of the proposal. The opinion of the members of the Commission of the signature, which participated in the meeting of the Commission. 33. opinion of the Commission, together with the disciplinary materials, submit to the Council no later than on the working day following the day it was signed. 34. the Council within 14 days of the disciplinary Commission's opinion and of the date of receipt of the materials, prepare a decision on the application or no disciplinary action disciplinary termination. 35. If the Council does not share the Commission's opinion on the proposal in part the applicable penalty, in addition to the provisions referred to in paragraph 31 of decision information specifies the arguments. 36. If the Council does not agree with the opinion expressed by the Commission in the proposal to end the disciplinary proceedings, and when found in the procedural irregularities in the preparation of an opinion, the Council puts the disciplinary Commission for further consideration.
37. the Commission 15 working days after the decision of the disciplinary Commission of the transfer of the repeated appearance of the disciplinary procedure these rules in that order. 38. for each of the disciplinary court expert to apply only one disciplinary penalty. 39. the Council of the decisions communicated to the recipients. 40. A copy of the decision of the disciplinary proceedings and a copy of the decision on the application of disciplinary measures or the termination of the disciplinary authority, in addition to sending the court expert. 41. The disciplinary materials and Council decision on the imposition of penalties is limited by the availability of information. IV. Disciplinary material tracking and storage of materials in 42. Disciplinary proceedings are recorded and stored in the Council regulations. 43. 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. Prime Minister Māris kučinskis amber Rasnač Minister of Justice in the