Advanced Search

The Amendments To The Administrative Procedure Law

Original Language Title: Grozījumi Administratīvā procesa likumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Saeima has adopted and the President promulgated the following laws: law on administrative procedures in the Administrative Procedure Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2001, nr. 23; 2003; 2004, nr. 14, 4. No; 2006, no. 24, no. 3, 2009; Latvian journal, 2012, nr. 183.; 2013, 188. nr.) the following amendments: 1. Replace the entire law number and the word "Euro" 285 with a number and the word "300 Euro". 2. Turn off all over the law, the words "pay off a security". 3. turn off all over the words in the law, and the number "pursuant to this law, the provisions of article 113. 4. Turn off the article 16 of the fifth and sixth paragraph, the words "as well as the Ministry of Justice". 5. in article 18: express the title as follows: "article 18. Administrative costs and legal aid provided by the State "; make the second paragraph as follows: "(2) the Court of Justice of the administrative process paying national fees and security in this chapter 13 of the law and order."; to make the fourth subparagraph by the following: "(4) if the authority, under the administrative case is complicated, the authority, at the request of the natural person, subject to the person's economic situation, decide on the remuneration of its representative. As a representative in such cases may be a person who can be a legal aid provider of the Act on State legal aid. Remuneration paid to the authority. The representative of the amount of remuneration paid, and the cost of the procedure determined by the Cabinet of Ministers. "; to supplement the article with the fifth, sixth and seventh subparagraph by the following: "(5) the national legal aid in the light of their complexity and an individual's assets, at the request of the person shall be based on the decision of the Court (judge), after receipt of the application the court pending a final court ruling on entry into force. The Court (judge), a decision on the request for the grant of legal aid shall be adopted within one month of the date of the request. (6) the legal aid administration on State legal aid providers to designate the seven days after the decision of the Court (judge). The amount of legal aid and the amount of remuneration shall be determined in accordance with the laws of the country provide legal assistance, pay the amount recoverable expenditure and their payment arrangements. (7) If lost basis on State legal assistance or are found in the circumstances of the termination of legal aid, the Court (judge) decides on State legal aid and within three days, it shall be sent to the legal aid administration. " 6. Article 21: make the first part of paragraph 1 by the following: "1) minor physical person as far as its capacity is not restricted by the Court;" make the second paragraph as follows: "(2) of the natural person's procedural law, which has not reached the age of 15 or who restricted the capacity of the Court exercised in that person's legal representative. If the Court finds that the minor's legal representatives or legal representatives and the minor's interests are different, so at its discretion, to understand the views of the family courts, the minor's representative may designate another person or ask the family courts to appoint a person in particular minor guardian of the person the protection of the rights and interests of the particular case. If the Court finds that the welfare and interests of the minors of the person whose capacity is restricted, the courts are different, so at its discretion, understanding the family courts, the minor party representative may designate another person or family courts to appoint an adult to ask the person for the person's protector of the rights and interests protection of the particular case. " 7. in article 28: make the third paragraph as follows: "(3) a third party status is granted to the person with the authority or court (judge's) decision. Reasonable request for third party evidence can be submitted to the person who considers himself to be the appropriate third party, or members of the administrative procedure. The third party may also be invited by authorities or courts (the judge's) initiatives. "; Add to article 3.1 part as follows: "(31) if the case as third parties pieaicinām a particular unidentified persons, the Court (judge) in the Official Gazette" Latvijas journal "publishes a notice of the proposed use to call persons who meet the status of the third party proceedings, in the month to go to court with the request for evidence of third-party status. The person referred to in the request is not filed in due time, loses the right to become a third party. '; express the sixth part as follows: "(6) on the Court (the judge's) decision, which rejected a request for a third party to be joined in case an ancillary complaint may be submitted, if such a request is made to the Court of session, or in the process of writing up to the date of the administrative process, members have the right to enforce this law, article 204 of the right provided for in the second subparagraph."; to supplement the article with the seventh subparagraph by the following: "(7) where the Court (judge) held that a third party in case of unjustified, outside the Court (judge) decides on third party withdrawal status for that person. On the Court (the judge's) decision to deprive a person of a third person, that person may submit a complaint to the next. " 8. Add to article 33 of the fourth and fifth by the following: "(4) the decision on refusal to replace the process of with his successor shall, where the person, the recipient or potential recipient within seven days after the decision is communicated to the person concerned or otherwise become known, can be a challenge in a higher authority, but if higher authorities is not whether it is a Cabinet Minister, to appeal to the Court. Higher authority within seven days of the appeal court. The Court of Appeal examined the writing process. (5) on the Court (the judge's) decision refusing to replace the process of with his successor, an ancillary complaint may be submitted. " 9. Replace article 35, the words "legal capacity" with the words "physical physical person whose capacity is not restricted by the Court". 10. Replace article 36, first paragraph, point 1, the words "the procedure laid down in the law are recognised as incapacitated" with the words "whose capacity is restricted by the Court". 11. Add to article 67 of the ninth subparagraph by the following: "(9) administrative acts may include warnings about enforcement, which According to this law, in article 361. " 12. Put the second subparagraph of article 70 of the second sentence as follows: "If the institution chooses to send adverse administrative action by mail, they are presented as registered post." 13. Turn 74 the first paragraph of article 3. 14. Add to article 77 of the first part of the sentence the following wording: "If the application submitted in writing the reasons contained in the administrative act does not have the large accuracy, the authority may request the applicant to submit the summary." 15. in article 78: Add to the first paragraph of point 2, the words "and the administrative act gets not correct"; to turn off the second paragraph, the words "also specify the administrative act contested themes, as well." 16. in article 85: turn off the second part of paragraph 3; turn off the third part number and the word "3."; to supplement the article with the fourth paragraph as follows: "(4) the authority shall, subject to this article, may revoke or amend the legal administrative contracts, except for settlement." 17. Add to article 86 of the fourth subparagraph by the following: "(4) the authority shall, subject to this article, may revoke or amend an unlawful administrative agreement also except the settlement." 18. Add to article 87 of the seventh paragraph as follows: "(7) the provisions of this article shall apply also to administrative contract amendment or revocation, except for settlement." 19. the express article 93 fifth as follows: "(5) compensation for loss or injury suffered by administrative acts or court ruling in progress may require separately after the Court examined the complaint against the authorities or enforcement action (article 358 of the fifth and sixth parts, the first part of article 363, 376. the second part of the article). The claim in the same order of appearance, the Court examines the application of the relevant laws, that the stage of completion suffered damage or harm. " 20. the express article 114.1 as follows: "article 114.1. Members of the Court of Justice and the process of communication (1) the Court of Justice, in communicating with authority, sending documents or inviting a representative of the authority to attend, may send relevant information to the authorities, the official electronic mail address without the use of a secure electronic signature and conclude an agreement with the authority. (2) participants in proceedings have the right to submit documents electronically to the Court if they are prepared and shipped in accordance with the laws and regulations on the circulation of electronic documents. If the documents are not filed under this Act, the Court shall decide on the documents for the case. Documents submitted to the Court in electronic form, the applicant will not be returned. (3) If a lawyer is sworn personal representative or the Court gives the parties to legal aid, the Court's communications with the Attorney the Court information system data distribution system. " 21. To supplement the law with article 114.2 of the following: ' article 114.2. Repeated procedural application or request a court refuses to accept for review a procedural request, application or if it is presented repeatedly and it does not follow that the question for decision by the relevant actual or legal circumstances have changed. "
22. Replace article 116 in the third paragraph, the word "Senate" by the words "Supreme Court".
23. Article 119 off fifth.
24. Make 120. the second subparagraph by the following: "(2) If a Court consists in the creation of the courthouse is not possible, the case to another court house." 25. Express and article 124.125 the following: ' article 124. State fee and security deposit (1) on the application initiating proceedings in the Court, as well as pretpieteikum and a third party with an independent claim application fee national fee 30 €. (2) on appeal, as well as on the cross-appeal against the State fee paid 60 euros. (3) on the next complaint pays a security of eur 15. On the next appeal, which included the appeal or cassation complaint (article 292 1.1 and 4.1 of article 307), security is not paid. (4) On an appeal in cassation, as well as a security fee counter-complaints 70. (5) On the request for provisional protection (article 185 and 195) pays a security of eur 15. (6) On an application for a new hearing of the case due to newly discovered circumstances pay a security of eur 15. (7) the State fee for pretpieteikum and the cross-appeal, as well as security for the repayment of such counter-complaints, a certain stamp duties (article 125) and security (129.1) repayment.
125. article. Refund of State fees (1) the State fee paid on application, released in full, if the judge refuses an application or leave application without examination, on the basis that: 1) the application submitted by the person to whom the Court has determined the capacity limit, which does not allow it to independently implement the administrative procedural rights and obligations; 2) applicant is not noticed statutory cases extrajudicial procedures because the authorities consider the false indication of appeal procedures. (2) a State fee paid for the appeal to be released completely: 1) if the judge refuses to accept the appeal, or the court terminates the appeal on the basis that the applicant, or a third person has submitted an appeal against a judgment that is not appealable, as taken into the Court's erroneous indication about the appeal of the judgment; 2) if the appellate court annuls the judgment of the Court of first instance of article 303 of this law for the case; 3) the defendant or a third party, if the applicant waives the application. (3) half of the State fees to be paid for proceedings before the relevant court instance, reimbursed if the applicant or a third party application or waived appeals before completed the substance of the matter. (4) the State fee for All or part of the overpayment refunded on application of the person basis without court (judge's) ruling of the law on State fees, refunds and refund the balance established, if: 1) paid the State fee for those activities for which it is payable; 2) paid a higher duty than those laid down by the law. "
26. Express 126. the first paragraph by the following: "(1) if the application is satisfied in full or in part (including 191.2 of this law in accordance with the procedure laid down in article) or the proceedings are terminated, on the basis of this law, article 282, section 7 the Court (judge) ordered from the defendant (the defendant) for the benefit of the applicant in his the paid State fee. " 27. in article 128: make the first paragraph by the following: "(1) in addition to other cases laid down in the law of the State duty payment is released to the individual who submits an application for legal aid, as well as the decision of the administration of the public bodies that submitted an application to the Court as the law referred to in article 29, the holder of the right." make the third paragraph as follows: "(3) the Court (judge) at the request of the individual concerned, in view of its assets, may be totally or partly exempt a person from payment of the State fee. The Court (judge), the decision, take into account whether the person submitted to other applications, complaints and requests to the Administrative Court for the last three years, repeatedly refused to accept, refuse to consider, they receive no consideration or rejected. " 28. the express article 129.1 the following: ' article 129.1. The release of security (1) the security shall be released in full: 1) If an appeal in cassation complaints or request for temporary protection to be met in full or in part; 2) if the Court finds newly discovered circumstances and shall refer the case for a new consideration or part; 3) the defendant or a third party, if the applicant waives the application; 4) If an appeal in cassation complaints, request for temporary protection or applications due to newly discovered circumstances shall refuse to accept or leave without examination, on the basis that the complaint, request or application submitted by the person to whom the Court has determined the capacity limit, which does not allow it to independently implement the administrative procedural rights and obligations; 5) If a complaint is deemed not to have been filed, to propose the cassation proceedings refused or terminated near the cassation complaints or legal proceedings, on the basis that the parties have submitted the complaint or cassation next complaint about the ruling, which under law may not be appealed, as taken note of the Court's (judge's) ruling of false indication of the appeals procedures; 6) if the proceedings in the case closed on the basis of this law, article 282, paragraph 7. (2) half of the security shall be released if the next complaint, cassation complaint, the request for temporary protection or applications due to newly discovered circumstances before it is finished, the reference to the substance. (3) All the security or repayment of the excess part of the application of the person base without trial (judge's) ruling in the laws that the tendering security has been lodged and the refund order if: l) paid the security for those activities for which it is payable; 2) paid greater security than by laws. "
29. in article 129.2: turn off in the first paragraph, the words "or decision of a court (judge)"; to make the fourth subparagraph by the following: "(4) the Court (judge) at the request of the natural person, given its resources, can fully or partially release the person from payment of security. The Court (judge), the decision, take into account whether the person submitted to other applications, complaints and requests to the Administrative Court for the last three years, repeatedly refused to accept, refuse to consider, they receive no consideration or rejected. " 30. Article 132 of the expression as follows: "article 132. Judicial notice and summons delivery and notification (1) the notice of the Court and the summons notify notification in accordance with the procedure prescribed by law, except article 114.1 of the Act in the first and third part in certain cases. (2) the applicant for judicial notice and a summons is sent by mail to the address indicated by the applicant or by using electronic communication, which the applicant pointed out. (3) the administrative procedure a member with the consent of the judge can get a subpoena delivered to another in this case, the person invited or summoned. (4) If the called person invited or stated another way of communication, or event is particularly urgent, the person can invite or summon to the Court of session, with other kinds of communication. (5) if the person is not reachable through the fourth paragraph of this article are set out in the communication, subpoena delivered to persons invited or summoned must address. "
31. Article 137 off the sixth paragraph, the words "the Senate".
32. Supplement article 145 fourth after the word "commercial" with the word "investigation". 33. in article 146: exclude the first, second and fifth; express the sixth part as follows: "(6) if the case as third parties with the same rights or legal interests are outside of the injury more than 10 people, they have a duty to represent their interests to establish one common representative. If the Court's (judge's) deadline does not inform third parties of the Court (judge) on the joint determination of the representative, the Court (judge) with the consent of that person to determine the representative of a third party. Court notices sent to the common representative shall be considered to be notified of any third parties. Third parties are bound by the common representative of all the procedural steps taken. " 34. the express article 155 the third subparagraph, the first sentence by the following: "evidence for court proceedings to ensure that the Court House, which is located in the source of evidence to be secured." 35. Article 159 of the expression as follows: "article 159. The task of the Court (1) If the court hearing the case, it is not possible to collect evidence located in another court house area, it charges to execute certain procedural steps the Court House, which is located in the territory of the evidence obtained. (2) the decision on the Court's task set out briefly the nature of the case and indicate the conditions that have to be clarified, and evidence that must be collected. This decision is a Court House to which it is addressed, and the courthouse is executed within one month from the date of receipt of the task of the Court. " 36. in article 167: exclude words "VCR tapes, computer floppy disk"; adding to the article after the word "the" with the words "video disc or other media."
37. in article 184: turn off the first part of paragraph 1, the words "or the recognition of illegal"; to complement the second paragraph after the word "instruments" with the words "recognition or unlawful". 38. off the article 185 of part IV in paragraph 4, the words "National Guard". 39. in article 185.1: turn off third; replace the fifth paragraph, the words "duty" with the word "security".
40. Article 186: to supplement the first sentence with the following: "If the rationale is contained in bulky, the judge may ask the applicant to submit a summary thereof."; make the second paragraph as follows: "(2) the application shall state: 1 the name of the Court) for which application is made; 2) applicant and his representative, if the application is submitted by a representative, the name and place of residence, as well as a different address (if any) in which the person can be reached. If the applicant or his representative is a legal person, its name, registration number, if any, and the legal address; 3) applicant (his representative), telephone number or electronic mail address, if he agrees with the Court using the communication feature; 4) name and address; 5) application and evidence that it has in his possession; 6) claim; 7) the claim, if it contains a claim to compensate property damages or personal injury; 8) request submitted in the oral procedure, if the applicant wishes to the Court of first instance in the case of oral proceedings; 9) request for State legal aid if the person is entitled to it; 10) other information which may be relevant to the proceedings; 11) list of documents accompanying the application; 12) the place and time of dialing. "; turn off third.
41. in article 187: Add to the first part of paragraph 3 with the words "or" request "; replace the second paragraph, the words "third party" with the words "third party" private individuals;- replace the third paragraph, the words "the applicant — natural persons" by "applicant"; off in the third paragraph, the words "to send to the defendant and the third party".
42. the express article 189 the seventh subparagraph by the following: "(7) where the law requires that administrative cases as the Court of first instance rather than the appearance of the administrative district court, but the administrative district court or the Supreme Court's Administrative Affairs Department, the application shall be submitted to the Court."
43. in article 190: Supplement 1.1 part after the number and the word "article" 191.2 "or expressed in the application request for State legal aid; to supplement the article with the sixth part as follows: "(6) the first and second part, 1.1 is applicable, the judge deciding on the complaint provided for in this Act." 44. in article 191: make the first part of paragraph 3 as follows: "3) between the same participants, the administrative procedure concerning the same subject and on the same basis is the entry into force of the Court judgment or a decision of the Court to terminate the proceedings or a judge's decision to reject an application because the applicant's abandonment of a claim;" replace the first subparagraph of paragraph 6, the words "competent person" with the words "the person to whom the Court has determined the capacity limit, which does not allow it to independently implement the administrative procedural rights and duties"; make the first part of paragraph 11 and 12 as follows: ' 11) repeatedly to the Court filed the application for the adoption of which the judge (Court) already refused on the basis of this part 1, 2, 3, 8, 9, 10, 12, or 13, or who refused the examination on the basis of article 191.1 of the Act, or for which the termination of proceedings on the basis of this law, article 282 part 1., 2., 3. , 8, 9 or 10; 12) applied to annulment of the administrative act unlawful or allow the picking process in establishing the infringement procedure, but it does not comply with this law, article 184 in the second part of the question referred to the admissibility of the application. "; to supplement the first part of paragraph 13 by the following: ' 13) the applicant waives the application before the judge decides on the acceptance of the application and prosecution. " make the third paragraph as follows: "(3) the decision to reject the application of an ancillary complaint may be submitted. The decision to reject the application on the basis of this law, article 191, first paragraph 1, 8 or 12 point, next to the complaint shall be submitted to the Supreme Court's Administrative Department. Next to the number one complaint about the ruling in the framework of the decisions adopted, which has a different appeal procedures shall be submitted to the Supreme Court's Administrative Department. Deadlines for the submission of an ancillary complaint shall run from the date on which the applicant received a copy of that decision. " 45. To complement the chapter 21 with the article 194.2 as follows: "article 194.2. Pretpieteikum submission and review (1) case, which brought about a public law contract compliance with legal rules, its validity, conclusion or execution, the defendant, until the substance of the matter ended in Court of first instance may make a pretpieteikum. (2) the Pretpieteikum shall be submitted according to the application of the General rules. (3) the Court (judge) accept pretpieteikum if: 1) between application and pretpieteikum can set-off; 2) pretpieteikum demand total or partial satisfaction of the application be excluded; 3) pretpieteikum and the application of the reciprocal respect, and will contribute to the joint handling of things faster and more trials. (4) Pretpieteikum with the look of the application. (5) if the application is withdrawn, the appearance of pretpieteikum independently. " 46. in article 197: turn off the second part; replace the third paragraph, the words "duty" with the word "security". 47. in article 200: replace the first paragraph, the words "the same court" with the words "the court handling the case,"; to supplement the article with the fourth and fifth by the following: "(4) If interim measures shall be repealed or it's going to the Court a judgment with which the application is refused, or a decision that the application is left without hearing or decision by which the proceedings are terminated in accordance with this law, article 282 1., 2., 3., 4, 8, 9 or 10, the Court at the request of the members of the administrative procedure shall decide on interim measures of enforcement consequences. The request to the administrative process can be expressed in the course of the proceedings or after the judgment or decision of the judgment, to make papildspriedum or papildlēmum. If interim enforcement consequences takes place, recover the amount of money in the State budget, it performs this Act in accordance with the procedure laid down in article 377.1. (5) If interim enforcement consequences is not possible, or create individual disproportionate restriction, the Court may reject the request for enforcement consequences or determine the proportionate effects due to prevention measures. " 48. Add to article 202 of the first subparagraph after the word "issues" with the words "(with the exception of the decision on the refusal to accept a submitted request again for interim relief)". 49. Add to article 203 of the second part of the sentence the following wording: "If the explanation contained in the grounds is large, the judge may request the defendant to submit this summary. " 50. Article 204 off fifth and sixth.
51. Article 222: Add to the first part of the first sentence with the words "except where the hearing is fixed by videoconference, sound recording or other technical means"; to supplement the first sentence of the second paragraph with the words "except where the hearing is fixed by videoconference, sound recording or other technical means". 52. in article 223: Add to the second sentence of the fifth paragraph with the words "except where the hearing is fixed by videoconference, sound recording or other technical means"; to supplement the article with the ninth subparagraph by the following: "(9) the Court may limit the duration of the provision of explanation, providing the parties equal rights to speak." 53. Supplement article 241 with the sixth part as follows: "(6) the Court may limit the duration of court debate, providing the parties equal rights to speak." 54. Article 243 of the turn in the second paragraph, the words "in view of the complexity of the case". 261.55. Express the second subparagraph by the following: "(2) a member of the administrative procedure the request for papildspriedum of the judgment may be submitted within one month from the date of judgment."
56. Replace article 263, first paragraph, the word "Senate" with the words "Administrative Department".
57. Add to article 265 of the third and fourth subparagraph by the following: "(3) where in a case in which the Court determined that the judgment enforceable, in whole or in part, the Court shall immediately make a new judgment, with which the application is rejected or the decision of leaving the application without examination, or a decision that the proceedings be terminated in accordance with this law, article 282 1., 2., 3., 4, 8, 9 or 10. After the administrative court at the request of the Parties shall decide on the immediate execution of the judgment effect. The request to the administrative process will be expressed during the proceedings or after the judgment or decision of the judgment, to make papildspriedum or papildlēmum. If the Court ruling provides for recovery of the amount of money in the State budget, it performs this Act in accordance with the procedure laid down in article 377.1. (4) if the immediate execution of the judgment following elimination is not possible, or create individual disproportionate restriction, the Court may reject the request for enforcement consequences or determine the proportionate effects due to prevention measures. "
58. off 271. in the first paragraph, "If the court hearing is present all the members of the administrative procedure". 59. Express article 273, paragraph 2 as follows: "2) applicant or third party, the Court determined the capacity limit, which does not allow it to independently implement the administrative procedural law and obligations." 60. Article 278: replace the first subparagraph of paragraph 2, the words "competent person" with the words "the person to whom the Court has determined the capacity limit, which does not allow it to independently implement the administrative procedural rights and duties"; to supplement the first part with a 5, 6 and 7 point as follows: "5) of this Act in the second paragraph of article 128, in the case referred to in person the Court (judge) is not paid within the period prescribed national fees; 6) applicant who notified of the hearing time and space without arriving at the hearing without justification and is not asked to review the case in his absence; 7) applicant in case that the matter of the written procedure, without responding to requests of the Court. " to complement the second paragraph with the words "except where the application is left without examination of the first paragraph of this article 5, 6 and 7 in the cases referred to in point".
61. Article 279 of the turn. 62. Express article 282, paragraph 10 by the following: ' 10) the administrative act is unlawful or the recognition process made procedural infringement finding, but it does not comply with this law, article 184 in the second part of the question referred to the conditions of admissibility. "
63. Article 283 put as follows: "article 283. The decision on the termination of the proceedings (1) the termination of the proceedings, the Court (judge), adopt a reasoned decision a separate procedural document. Before deciding the issue the Court (judge) of the administrative procedure, invite members to express their views on the termination of the proceedings, except where the applicant refused the application. (2) the decision of the Court to terminate the proceedings an ancillary complaint may be submitted. The decision, by which the proceedings are terminated, on the basis of this law, article 282, paragraph 2 or 10, next to the complaint shall be submitted to the Supreme Court's Administrative Department. Unless ruling within the additional decision to terminate proceedings on this law, article l 282, paragraph 2 or 10 is included in the decision under appeal in administrative law court, next to the complaint shall be submitted to the Supreme Court's Administrative Affairs Department. " 64. Article 292: to supplement the first part with the 2.1 point as follows: "21) the complainant's (his representative), telephone number or electronic mail address, if he agrees with the Court using the means of communication;" turn off the first part of paragraph 3; Add to the first paragraph of paragraph 11, after the word "Compose" with the words "sites and"; Add to article 1.1 part as follows: "(11) if the judgment contains the decision for which an ancillary complaint may be submitted to the appellate court, and the parties wish to appeal, this decision contains objections to the appeal, except where the judgment appealed from is only process the decision. '; to supplement the article with the fourth paragraph as follows: "(4) If the appeal contained in the extensive grounds, the judge may ask the complainant to submit its summary." 65. Article 293: make the first part of the first and second sentence the following wording: "the appeal shall be accompanied by the appropriate administrative proceedings transcripts of members — the number of individuals. If the appeal shall be accompanied by other documents to be submitted under their transcripts of the administrative procedure — private members. "; replace the second paragraph, the words "applicant: a natural person" with the word "applicant"; to turn off the second paragraph, the words "to send other players." 66. To replace the first subparagraph of article 299, the word "Member" with the words "individuals" — participants. 67. Supplement article 302 with 2.2 part as follows: "(22) If the appellate court finds that the Court of first instance did not izspriedus a claim, the Court of appeal You can refer the case to the Court of first instance for judgment papildspriedum. Proceedings in the appellate court after the Court of first instance judgment papildspriedum case and is over the statutory time limit for appeal (process in case if the participant who submitted the appeal — its appendix) concerning papildspriedum. " 68. Supplement article 307 with 4.1 part as follows: "(41) together with the judgment of the Court of first instance in the judgment under appeal also incorporates decision for which an ancillary complaint may be submitted to the appellate court, the judgment also includes ancillary complaint for decision."
69. To replace the second paragraph of article 309, the word "Senate" by the words "Supreme Court" of the Department of administrative affairs.
70. Article 311 be expressed as follows: "article 311. The appellate court appeal papildspriedum Court papildspriedum to make this law, in article 261 cases and order. " 71. Supplement article 315 of the third paragraph as follows: "(3) the administrative acts or judicial decision adopted within the framework of execution of the Court decision, except in the cases provided by law, may not be appealed." 72. Add to article 316 of the first part of the sentence the following wording: "If a decision is contained in the judgment and the parties expressed reservations against the decision only (article 292 1.1), next to the complainant within the judgment." 73. in article 317: replace the first subparagraph of paragraph 2, the word "Senate" by the words "Supreme Court" of the Department of administrative cases; supplemented with the sentence of the fourth subparagraph by the following: "If the judgment is not appealed, the Court also may not be appealed decisions."
74. Article 318: Add to the first paragraph of point 2 l by the following: "21) the complainant's (his representative), telephone number or electronic mail address, if he agrees with the Court using the means of communication;" turn off the first part of paragraph 3; Add to the first subparagraph of paragraph 9, after the word "Compose" with the words "sites and"; to supplement the article with the third part as follows: "(3) if the statement of reasons contained in the complaint are extensive, the Court (judge) may ask the complainant to submit its summary." 75. Article 319: replace the first part of the word "Member" with the words "Member" of individuals —; replace the second paragraph, the words "applicant: a natural person" with the word "applicant"; to turn off the second paragraph, the words "to send to other members in the administrative process".
76. To supplement the law with article 320.1 as follows: "article 320.1. Next to the inquiry's refusal of the appeal court or the Supreme Court Panel of judges may take a unanimous decision on the refusal to examine the next complaint, if it is clearly unreasonable. "
77. Replace article 323, the word "Senate" (fold) with the words "the Supreme Court's Administrative Affairs Department" (fold).
78. Supplement article 325 with the words "and the breach has led or could lead to wrong judgment of the case". 79. in article 328: make the first paragraph by the following: "(1) an appeal in cassation shall specify: 1) the name of the Court addressed a complaint; 2) the complainant, as well as his authorized representative, if the appeal in cassation is submitted by a representative, the name and residence or other address where the person is reachable (legal person – name, registration number and registered office); 3) complainant's (his representative), telephone number or electronic mail address, if he agrees with the Court using the communication feature; 4) judgment for which the complaint; 5) extent to which the judgment appealed from; 6) any material or procedural norms of law court infringed and grounds this infringement gets; 7) justification, if the complainant considers that the examination of an appeal in cassation proceedings in the court order are essential to the building of the case; 8) Court the request; 9) complaints and compose a site. "; Add to article 1.1 part as follows: "(11) if the judgment contains the decision for which an ancillary complaint may be submitted to the Court of Cassation, opposition to this decision include appeals, except when a member of the appeal process in the judgment only."; turn off third.
80. Article 330 of the turn. 81. Article 331 of the expression as follows: "article 331. Cassation procedure (1) appeals shall be submitted to the Court that delivered the judgment. (2) appeals received, together with the case promptly to the Supreme Court's Administrative Department. (3) If an appeal in cassation shall be submitted directly to the given period the Supreme Court's Administrative Affairs Department, the term is not considered late. (4) The appeals admissibility, overdue procedural direction and in the renewal of the period decided by the Supreme Court's Administrative Department. (5) If an appeal in cassation in the extensive grounds, the judge may ask the complainant to submit its summary. "
82. Article 332: replace the first part of the word "Member" with the words "Member" of individuals —; make the second paragraph as follows: "(2) the judge depending on the circumstances of the case and the nature of the complainant can be exempted from the obligation to submit a cassation complaint transcripts."
83. in article 333: make the first paragraph by the following: "(1) the judge shall decide on the appeal in cassation leaving without guidance, setting a deadline for the Elimination of deficiencies, if: 1) an appeal in cassation does not comply with this law, the first paragraph of article 328 of the 1, 2, 4, 5 and 8, or the second part; 2) the cassation complaint does not meet the official language requirements of the law; 3) appeals not to add the necessary transcripts; 4) about the security has not been paid. "; to turn off the second sentence of the third paragraph.
84. Article 334 of the expression as follows: "article 334. Action after the adoption of the cassation complaint the Supreme Court Administrative Department shall send to the members of the administrative procedure appeals transcript and shall inform him of the law within one month from the date of dispatch of the written down to present explanations in connection with appeals. "
85. Article 335 of express the second part as follows: "(2) for joining the cassation complaint within a month of the cassation complaint to the date of dispatch of the copy in writing Supreme Court Administrative Department."
86. Article 336 of the expression the second and the third part as follows: "(2) If the reference to conduct the hearing, a panel of judges refuses to propose the cassation proceedings. If the reference after the action, cassation hearing proceedings shall be terminated. (3) If the Supreme Court's Administrative Affairs Department finds that the appeal proceedings brought about the lower court's judgment that according to law may not be appealed, the appeal proceeding shall be terminated. "
87. Article 337: replace the first part of the word "Senate" by the words "Supreme Court" of the Department of administrative cases; to supplement the article with the fourth paragraph as follows: "(4) submitted by Counter-complaints in the first part of the specified date, not accepted and shall be returned to the applicant."
88. Article 338 to express the following: "article 338. Action meeting (1) The Court of Cassation, legal proceedings at the hearing of the action decided by the Panel of three judges. The composition of the College is based on case allocation plans. (2) if the Panel of judges unanimously recognized that the Court of Cassation, legal proceedings is refused, it refuses to institute court proceedings. Waiver of cassation proceedings is to propose the adoption of the decision of the meeting. (3) if the judge's views on the Court of legal proceedings is different or all the judges considered that the case raised in cassation, a panel of judges to the Court of Justice of the decision suggests. (4) in the case of a panel of judges may refer to the appeal in cassation the Supreme Court Administrative Department of the joint session. (5) this article referred to in the second paragraph of the decision taken on the basis of this law, the first paragraph of article 338.1, this article as well as the third and fourth part that decision, may be drawn up in the form of a resolution. (6) the Court of Cassation in the case of legal proceedings at the request of the members of the administrative procedure to conduct the hearing, may suspend the enforcement of the judgment. (7) If the Panel finds any of this law, article 273 of the cases referred to, it can stop the proceedings. (8) a panel of judges may also decide the question of refusal to accept the next complaint submitted and other procedural questions, and decide to ask a question to the Court of the European Union for the adoption of a preliminary ruling or to submit an application to the Constitutional Court for the law compliance with the Constitution or the rules of international law (Act). (9) the Panel may decide to refer the case to the Court for judgment papildspriedum, which judgment appealed, if the Court does not izspriedus any claim. The hearing in the Cassation is continued after the Court's judgment in the case of papildspriedum and is over the statutory deadline of cassation complaints (which parties in a case already filed an appeal in cassation,-in its appendix) concerning papildspriedum. " 89. Article: 338.1 replace the first paragraph, the words "senator" with the word "judges"; make the second paragraph as follows: "(2) the Panel may refuse to propose the cassation proceedings in the following cases: 1) appeals in specified in law matters has developed the case-law of the Supreme Court and the judgment under appeal it meets; 2) the examination of appeals in these arguments, there is doubt whether the rule of law in the judgment under appeal and the case is irrelevant in the present case. "
90. Article 339 to express the following: ' article 339. Proceedings before the Court of cassation instance (1) case the cassation instance in the writing process. The composition of the Court and the judge rapporteur shall be fixed in accordance with the distribution plan of things. (2) On the hearing of the Court shall inform the participants of the process. If the proceedings are determined in the oral procedure, the participants in the proceedings shall announce the time and place of the law in chapter 14. (3) the Court of cassation instance proceedings before the three judges, but in the cases specified in this Act, the Supreme Court's Administrative Affairs Department joint. "
91. off 340. in the first paragraph, the word "Senate".
344. Article 92. off the word "Senate".
93. article 345: replace the first paragraph, the words "Senate hearing" with the word "Court"; replace the third paragraph, the word "Senators" with the word "judges".
94. Article 346: make the first part of the second and third sentence as follows: "the Court judgment shall be made during the month. If the Court judgment finds that at the time of judgment requires a longer period, it sets a different date of judgment within the next two months. " make the second paragraph as follows: "(2) if the Court does not come to a common view or all the judges considered that the case pending before the Supreme Court of the Administrative Department of the joint session, the Court shall take a decision on the referral to the Supreme Court, the Administrative Department of the joint session."; replace the fourth subparagraph, the word "Senate" by the words "Supreme Court".
95. Supplement article 348 in the second and third subparagraphs by the following: "(2) the Court of cassation instance court 261 of this Act in accordance with the procedure laid down in article make papildspriedum if: 1) is not the judgment of the lower court decision in the judgment; 2) security is defined for the repayment or refund of State fees or reimbursement. (3) where, together with the lower court's judgment under appeal also incorporates decision for which an ancillary complaint may be submitted to the Court of Cassation, judgment also includes ancillary complaint about the decision taken. "; believe the current text of the first part of the article.
96. in article 349: make quarter point 2 as follows: "2) allowing the appeal in cassation, the Court permitted the arguments about the law, infringement of the law or the incorrect application of the Court's competence violation."; off in the fifth subparagraph, the word "Senate"; to supplement the article with sixth and seventh paragraph as follows: "(6) if the Court finds that the reasoning in the judgment under appeal is correct, the grounds of the judgment, you can specify that acknowledges the grounds for correct. In this case, the fourth paragraph of this article, paragraph 1 specific arguments in the grounds of the judgment may not be specified. (7) if the Court finds that the judgment under appeal does not comply with the case-law of the Supreme Court in other similar cases and in the judgment under appeal is not valid is specified, why there has been a departure from the case law, the Court may give judgment, specifying the grounds of the case-law, which has not been observed or that failure is not justified. In this case, in the descriptive part of a judgment may not be included and the fourth paragraph of this article, in point 2, in certain arguments in the grounds of the judgment may not be specified. "
97. To replace 352. in the first paragraph, the word "Senate" with the words "the Court of Cassation".
98. the express article 354 first paragraph as follows: "(1) the examination of the new Case due to newly discovered circumstances suggests following the participant's application. The application shall be examined by the same court in which the judgment or decision to complete the substance of the matter. "
99. Article 356 to express the following: ' article 356. The examination of the application (1) Applications for consideration of adoption of decline, if there are procedural obstacles to the admissibility of the application. For such a Court of first instance or the Court of appeal judge's decision an ancillary complaint may be submitted. (2) the Court of Justice an application due to newly discovered circumstances examine the writing process. (3) if the Court procedural obstacles to the admissibility of the application is found in the course of the examination of the application, the proceedings shall be terminated. For such a Court of first instance or the decision of the Court of appeal an ancillary complaint may be submitted. (4) If the application has not been paid for a security and then, if the request is not motivated is not signed, it is not added to the mandate of supporting documents or it does not meet the official language requirements of the law, the Court (judge) leave request without guidance in accordance with the procedures set out in the application for the abandonment without guidance (article 192). "
100. Article 357: make the second paragraph as follows: "(2) if the Court finds newly discovered circumstances, it annulled the contested decision in whole or in part and shall refer the case for a new consideration of the same court or lower court."; make the second sentence of the third paragraph the following wording: "for the Court of first instance and the appellate court decision that rejected an application for a new hearing of the case due to newly discovered circumstances, an ancillary complaint may be submitted." 101. Article 360: Add to the first part of paragraph 4 by the following: "4) person is warned about enforcement."; off in the third paragraph, the words "National Guard"; turn off the fourth. 102. To supplement the law with article 360.1 as follows: "article 360.1. Due to a limitation of the administrative act (1) the administrative act, except in the second paragraph of this article, in certain cases, to be enforceable, if from the self-imposed deadline of the end of more than five years. The limitation period is excluded from the time when the administrative act of the recipient does not have a declared place of residence or place of residence is registered outside Latvia, but in this case, the administrative act is not enforceable if the self-imposed deadline of the end of more than six years. (2) an administrative act, which obliges the recipient obligation to pay certain amount of money, due the limitation shall occur: 1) of the Act, if the time limit set in the enforcement by the authority which issued the administrative act; 2) according to the law of civil procedure, if the executory order with the obligation of the recipient to pay a certain sum of money forced execution is passed to the sworn bailiff one year of administrative act willingly due end or from the time when the administrative enforcement of law in accordance with the law, on the basis of which the administrative act was issued, agrees with the bailiff. " 103. Article 361 of the expression as follows: "article 361. Warning of enforcement (1) The enforcement of the first alert destination. Warning issued in writing to the administrative enforcement Act issued in writing. (2) this Act applies to the alert referred to in article 70 of the administrative act entered into force. (3) the written warning shall include: 1) indicates that the administrative provisions it applies; 2) the invitation recipient voluntarily perform the administrative action; 3 indication of administrative law) enforcement, if it is not executed voluntarily; 4) indication of the execution start time; 5) enforcement authority; 6) indication of the applicable enforcement; 7) indicates that the enforcement is carried out on the recipient's account; 8) alarm output place, date and signature of the officer, if the warning is part of the administrative act. (4) enforcement is carried out in accordance with the conditions of the alert. If the authority wants to change the conditions of enforcement or the applicable enforcement features, it issues a new alert. (5) where an administrative act in accordance with article 69 of this law issued or could be issued orally or otherwise, also a warning may be issued orally or otherwise. It may not include all of the third part of this article in specific components, however, the warning must be such that the recipient can understand that this is a warning for the administrative enforcement of the Act. (6) Warning do not need this Law 360. the third paragraph of article in those cases, as well as if the recipient for outstanding administrative reimpose involuntary money. " 104. Replace article 362. point 2 of the first paragraph, the words "warning the opposition" with the words "enforcement disputing and appeals of actions". 105. article 363 Express as follows: "article 363. Enforcement disputing and the procedure for appeals (1) an individual against whom a compulsory execution, may lodge a complaint if enforcement activities that focus on the administrative enforcement Act, does not comply with the statutory provisions and administrative court ruling enforcement provisions. (2) the complaint may be submitted within seven days from the date the individual became aware of the enforcement bodies or intended actions. The complaint shall be submitted to the higher authority, but if higher authorities is not whether it is a Cabinet of Ministers, the Court. Higher authority within seven days of the appeal court. The Court of Appeal examined the writing process. (3) the higher authority or the Court which adopted complaints, enforcement authority may order up to a decision to suspend the activity in question or to cancel. " 106. To replace the second paragraph of article 366, the words "the sixth and eighth" with the words "the fifth and sixth". 107. the express article 367 of the second subparagraph of paragraph 4 by the following: "4), recovered its voluntary payment term and other related conditions;". 108. Supplement article 369 of the second part of the sentence the following wording: "If the recipient complies with administrative action before the completion of the aizvietotājizpild, the recipient puts on ongoing cost of aizvietotājizpild." 109. article 370: expressing the third subparagraph by the following: "(3) the minimum compulsory cash is 50 euro, maximum forced money natural person is € 5000, but a legal person — 10 000 euro. In determining the amount of money forced enforcement authority comply with the principle of proportionality (article 13), as well as the recipient's resources. "; express the sixth part as follows: "(6) a complaint about the executory order for forced money 363 of this law in accordance with the procedure laid down in article may submit a request to reduce the amount of compulsory or if the administrative act has already been executed voluntarily. If the higher authority or the Court is of the opinion that forced the monetary amount is disproportionate, it determines the amount of coercive. " 110. Make 375 and 376 of the following article.: "article 375. Authority to execute the court order (1) the institutions are obliged to properly and promptly to execute against it, facing the administrative case accepted the judgment of the Court of Justice or other decision (ruling). (2) for the enforcement authority shall notify the applicant.
376. article. The Court in connection with the execution of the judicial decision (1) the Court shall issue, at the request of the parties a copy of the judgment to him with the inscription on its entry into force, or a copy of the judgment, which States that it is enforceable immediately. (2) the administrative procedure for the members of the Court's ruling was proper or improper execution can lodge a complaint and the written proceedings in court, which accepted the ruling. (3) the decision to appeal, the Court may impose the officer forced the money. Minimum forced money is 50 euro, but maximum forced money-5000 Euro. The Court's decision on the forced imposition is taken in accordance with this law, the procedure laid down in article 143. (4) a Person may ask the Court to impose a coercive fine again until the head of the institution or other officer executing or stopped the activities specified in the court order. Repeatedly forced the money may be imposed no earlier than after seven days. " 377. Article 111. off. 112.377.1 article: turn off the first part; make the second paragraph as follows: "(2) If the Court ruling provides for recovery of the amount of money in the State budget, the Court after court ruling due voluntary termination shall prepare and forward to the Executive article bailiff." 113. off 378, 379, 380, 381, 382.., 383, 384 and 385... article. 114. the transitional provisions be supplemented with 20, 21 and 22 as follows: "Cabinet of Ministers to 20, 2017. the September issue 1 article 18 of this law the provisions referred to in the fourth paragraph. Until the date of entry into force of rules, but no longer than up to 2017 September 1, on the procedures for the payment of remuneration and the extent of an individual's representative on the administrative authority applicable in case the Cabinet on 24 august 2004, the Regulation No. 735 "provisions on procedures for the payment of remuneration and the extent of an individual's representative on the administrative case, which is complicated by the recipient", in so far as they do not conflict with this Act. 21. Amendments to this law, in article 124 of the new version of the article and in this law, the first subparagraph of article 128 of the first part of the expression in the new version does not apply to applications and complaints that are submitted before March 1, 2017. 22. The Court before 2017 March 1 began to consider an application for a new hearing of the case due to newly discovered circumstances, completes it. "
The law shall enter into force on March 1, 2017. The law adopted by the Parliament in 2017 of 2 February. The President r. vējonis Riga 2017 16 February