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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Republic of Latvia

Cabinet
Regulation No. 179
Adopted 28 March 2017

Procedures for Implementation of the Functions of the Central Authority of the Maintenance Guarantee Fund Administration

Issued pursuant to
Section 4, Paragraphs two and three of the Maintenance Guarantee Fund Law

I. General Provisions

1. This Regulation prescribes the procedures for and the extent to which the Maintenance Guarantee Fund Administration (hereinafter - the Fund Administration) shall, in the cases laid down in the Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (hereinafter - Regulation No 4/2009) and Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (hereinafter - the Hague Convention):

1.1. provide legal assistance to persons;

1.2. exercise the rights and implement the functions of the central authority;

1.3. fulfil the tasks of the central authority.

2. The Fund Administration shall acquire the information necessary for implementation of the functions and fulfilling of the tasks of its central authority from the relevant State information systems or courts, private individuals, State and local government institutions. Courts, private individuals, State and local government institutions which have received a request for information from the Fund Administration shall provide the information at their disposal.

II. Request for Special Measures

3. If the Fund Administration receives a request for special measures from the central authority of the relevant European Union Member State or the Hague Convention contracting state (hereinafter - the foreign central authority) in accordance with Article 53 of Regulation No 4/2009 or Article 7 of the Hague Convention, it shall:

3.1. request the necessary information from the relevant courts, private individuals, State and local government institutions, and prepare a reply to the foreign central authority;

3.2. within 20 days from receipt of the request from the foreign central authority, prepare and submit a relevant application to the court if proceedings have been initiated or are intended to be initiated in the Republic of Latvia and the application includes a request from the foreign central authority as evidence or security of a claim.

4. Courts, private individuals, State and local government institutions which have received a request for information from the Fund Administration in accordance with Sub-paragraph 3.1 of this Regulation, shall examine it according to their competence, as well as take the necessary measures in order to ensure conformity with the requirements referred to in Regulation No 4/2009 or the Hague Convention, and provide the Fund Administration with the information at their disposal.

III. Examination of the Applications Submitted to the Fund Administration for Forwarding Thereof to the Foreign Central Authority

5. If a natural person residing in the Republic of Latvia submits any application referred to in Article 56(1) or (2) of Regulation No 4/2009 or Article 10(1) or (2) of the Hague Convention (hereinafter - the application), the Fund Administration shall, within 20 days from the day of receipt of the application, forward it to the foreign central authority in accordance with Article 58(1) and (2) of Regulation No 4/2009 or Article 12(1) and (2) of the Hague Convention.

6. If the applicant has not submitted all the documents required in accordance with the provisions of Regulation No 4/2009 or the Hague Convention, the Fund Administration shall leave the application not proceeded with and request the applicant to eliminate the deficiencies. In such case the Fund Administration shall forward the application to the foreign central authority within 20 days from the day of submitting all the necessary documents. If the deficiencies indicated by the Fund Administration are not eliminated within the specified time period, the Fund Administration shall recognise the application as not submitted and may return it to the applicant.

7. The application and the documents to be appended thereto which must be submitted to the Fund Administration for forwarding to the foreign central authority, shall be submitted in the language laid down in Article 59(1) and (2) of Regulation No 4/2009 or Article 44(1) and (2) of the Hague Convention.

8. The Fund Administration shall provide translation of the application and the documents appended thereto, if the applicant submits to the Fund Administration a document certifying the status of a low-income person or person in need which has been issued in accordance with the laws on regulations regarding the procedures for recognising a natural person as a low-income person or a person in need. If the applicant who is a natural person, is not a low-income person or a person in need, the applicant who is a natural person, has a duty to ensure translation of the application and the documents to be appended thereto in the relevant language.

IV. Examination of the Applications Submitted to the Fund Administration through the Foreign Central Authority

9. If the foreign central authority submits an application to the Fund Administration, the Fund Administration shall, within 30 days from the day of receipt of the application:

9.1. verify jurisdiction of the application;

9.2. ascertain whether the application conforms to the requirements of Regulation No 4/2009 or the Hague Convention;

9.3. inform the debtor regarding receipt of the application and invite the debtor to settle maintenance payments voluntarily.

10. By ensuring conformity with the requirements referred to in Article 58(3) of Regulation No 4/2009 or Article 12(3) of the Hague Convention, the Fund Administration shall concurrently inform the foreign central authority of the following:

10.1. the procedures for paying court expenses and for requesting exemption from payment of court expenses if the applicant is not exempted from payment of court expenses in the State income;

10.2. the procedures for paying expenses for enforcement of ruling if the applicant is not exempted from payment of expenses for enforcement of ruling to a sworn bailiff;

10.3. the need for submission of supplementary documents.

11. If the debtor has not commenced voluntarily payment of maintenance within the specified time period or has not agreed with the applicant on payment of maintenance, and also has not submitted an application for refusal or suspension of recognition, enforceability or enforcement of the ruling, the Fund Administration shall:

11.1. forward or submit the application to the relevant court if the applicant is exempted from payment of court expenses in the State income, but if the applicant is not exempted from payment of court expenses in the State income, the application shall be forwarded or submitted to the relevant court after payment of court expenses or receipt of a request for exemption from payment of court expenses;

11.2. forward or submit the application to the relevant sworn bailiff if the applicant is exempted from payment of expenses for enforcement of ruling to the sworn bailiff, but if the applicant is not exempted from payment of expenses for enforcement of ruling to the sworn bailiff, the application shall be forwarded or submitted to the relevant sworn bailiff after payment of expenses for enforcement of ruling.

12. When forwarding or submitting the application to the sworn bailiff the Fund Administration shall indicate a compulsory enforcement measure. The Fund Administration shall contact the foreign central authority in order to ascertain the opinion of the applicant regarding the compulsory enforcement measure.

13. If the court rejects the application submitted to the court through the Fund Administration, the Fund Administration shall, not later than within 10 days from the day of receipt of the relevant court ruling, inform the foreign central authority of the court ruling, as well as the possibilities of appeal.

14. If the Fund Administration has provided the applicant with free legal aid and the applicant, within the time period specified by the Fund Administration, informs the Fund Administration of the need to appeal the court ruling, the Fund Administration shall, within the time period and in accordance with the procedures laid down in the Civil Procedure Law, prepare the relevant complaint and submit it to the relevant court.

V. Representation Regarding the Applications Submitted to the Fund Administration through the Foreign Central Authority

15. If a counterclaim is brought in the case within the framework of which the Fund Administration represents interests of the applicant, or this case is joined to another case, the Fund Administration shall represent interests of the applicant within the framework of the authorisation laid down in Regulation No 4/2009 or the Hague Convention with regard to the recovery of maintenance and the determination of paternity if such claim is brought concurrently with the claim regarding the recovery of maintenance.

16. In the case referred to in Paragraph 15 of this Regulation the Fund Administration shall inform the foreign central authority of the procedures for the provision of legal aid to the applicant in the part of the proceedings which has not been initiated on the basis of Regulation No 4/2009 or the Hague Convention.

17. If in the case referred to in Paragraph 15 of this Regulation interests of the applicant in the part of the proceedings which has not been initiated on the basis of Regulation No 4/2009 or the Hague Convention are represented by another authorised representative or the applicant himself or herself, the Fund Administration shall represent interests of the applicant in cooperation with the authorised representative of the applicant or the applicant himself or herself and decide on further action in a coordinated manner.

VI. Provision of Legal Aid Regarding the Applications Submitted to the Fund Administration through the Foreign Central Authority

18. The Fund Administration shall provide the applicant with the legal aid referred to in points (a) and (b) of Article 45 of Regulation No 4/2009, if necessary, by providing consultations, preparing the relevant draft documents, representing the applicant in court, and using all legal remedies for representation of interests of the applicant.

19. The Fund Administration shall, in the cases referred to in Article 46(1) of Regulation No 4/2009 or Article 15(1) of the Hague Convention, cover the interpretation and translation expenses incurred by the applicant and referred to in points (e) and (f) of Article 45 of Regulation No 4/2009.

20. The Fund Administration shall, in the cases referred to in Article 46(1) of Regulation No 4/2009 or Article 15(1) of the Hague Convention, cover the travel (transport) costs incurred by the applicant and referred to in point (g) of Article 45 of Regulation No 4/2009 to the extent laid down in the laws and regulations regarding the procedures for the compensation for expenses related to business travels, as well as the rates of compensation for expenses of business travels and the rates of compensation for expenses related to business trips, if the applicant has used railway, air, water or interstate public road transport (bus) according to the economy class fares or fares equivalent thereto in order to appear in court.

21. As to the applications not referred to in Article 46(1) of Regulation No 4/2009 or Article 15(1) of the Hague Convention, the Fund Administration shall ensure provision of free legal aid by taking into account the following:

21.1. the cases laid down in the laws and regulations regarding the provision of the State ensured legal aid in which the state of property and income level of a person is regarded as appropriate for the granting of legal aid, and the procedures for evaluation thereof;

21.2. whether the applicant has received complete or partial legal aid in any proceedings related to recognition, enforceability or enforcement in accordance with Article 47(2) of Regulation No 4/2009 or point (b) of Article 17 of the Hague Convention;

21.3. whether the application, appeal or review is manifestly unfounded in accordance with Article 46(2) of Regulation No 4/2009 or Article 15(2) of the Hague Convention.

VII. Recovery of Expenses Related to Provision of Legal Aid

22. If a court rejects the application fully or partly, leaves without examination or terminates proceedings and the Fund Administration has provided the applicant with free legal aid, it shall recover the expenses related to the provision of free legal aid in full amount, if it establishes that in accordance with the laws and regulations of the relevant foreign state the applicant is not a person in need or a low-income person, or has no right to free legal aid in the relevant state, and one of the following conditions has set in:

22.1. the applicant has provided false information which has been the grounds for the granting of free legal aid, and has received free legal aid without justification;

22.2. the applicant does not cooperate with the Fund Administration in the process of receiving legal aid - does not provide the necessary information and documents in a timely manner and to the requested extent.

23. If the financial position of the applicant allows to recover costs of the Fund Administration and any of the conditions referred to in Paragraph 22 of this Regulation has been established, the Fund Administration shall, within 30 days, take a decision to recover costs from the applicant and forward this decision to the applicant. Concurrently the Fund Administration shall explain the duty of the applicant to execute the decision voluntarily within 30 days from the day of receipt thereof, as well as indicate the consequences which will set in if this decision is not executed voluntarily.

24. If the applicant, within 30 days from the day of receipt of the decision referred to in Paragraph 23 of this Regulation, does not execute the decision voluntarily, the Fund Administration shall forward the decision to the relevant foreign court or institution for recognition and execution. If it is possible to execute the decision referred to in this Section in the Republic of Latvia, the Fund Administration shall prepare an executive order in accordance with Section 15 of the Maintenance Guarantee Fund Law and submit it to the relevant sworn bailiff for execution.

Prime Minister Māris Kučinskis

Acting for the Minister for Justice -
Minister for Environmental Protection
and Regional Development Kaspars Gerhards

 


Translation © 2017 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Uzturlīdzekļu garantiju fonda administrācijas centrālās iestādes funkciju īstenošanas kārtība Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 179Adoption: 28.03.2017.Entry into force: 01.04.2017.Publication: Latvijas Vēstnesis, 67, 31.03.2017. OP number: 2017/67.1
Language:
LVEN
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