The translation of this document is outdated.
Translation validity: 17.12.2020.–15.12.2022.
Amendments not included:
15.12.2022.,
21.12.2023.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
16 December 1993 [shall
come into force on 29 December 1993;
15 June 1994 [shall come into force on 18 June
1994];
6 April 1995 [shall come into force on 9 May 1995];
28 September 1995 [shall come into force on 6 October
1995];
21 December 1995 [shall come into force on 11 January
1996];
23 May 1996 [shall come into force on 1 June 1996];
29 January 1997 [shall come into force on 27 February
1997];
1 October 1997 [shall come into force on 23 October
1997];
14 October 1998 [shall come into force on 11 November
1998];
15 October 1998 [shall come into force on 12 November
1998];
11 November 1999 [shall come into force on 1 January
2000];
8 November 2001 [shall come into force on 1 January
2002];
31 October 2002 [shall come into force on 3 December
2002];
19 June 2003 [shall come into force on 1 July
2003];
4 December 2003 [shall come into force on 18 December
2003];
5 November 2004 (Constitutional Court Judgment) [shall
come into force on 9 November 2004];
17 March 2005 [shall come into force on 1 October
2005];
22 September 2005 [shall come into force on 21 October
2005];
28 September 2005 [shall come into force on 1 October
2005];
23 February 2006 [shall come into force on 9 March
2006];
2 November 2006 [shall come into force on 23 November
2006];
8 November 2007 [shall come into force on 1 January
2008];
3 April 2008 [shall come into force on 19 April
2008];
14 November 2008 [shall come into force on 9 December
2008];
12 December 2008 [shall come into force on 1 January
2009];
30 April 2009 [shall come into force on 3 June
2009];
16 June 2009 [shall come into force on 1 July
2009];
1 December 2009 [shall come into force on 1 January
2010];
18 January 2010 (Constitutional Court Judgment) [shall
come into force on 20 January 2010];
3 June 2010 [shall come into force on 1 August
2010];
22 June 2010 (Constitutional Court Judgment) [shall come
into force on 22 June 2010];
16 December 2010 [shall come into force on 1 January
2011];
9 June 2011 [shall come into force on 13 July
2011];
21 July 2011 [shall come into force on 1 January
2012];
13 June 2013 [shall come into force on 1 September
2013];
26 September 2013 [shall come into force on 16 October
2013];
30 October 2014 [shall come into force on 16 November
2014];
30 April 2015 [shall come into force on 21 May
2015];
18 June 2015 [shall come into force on 28 June
2015];
18 January 2018 [shall come into force on 12 February
2018];
6 September 2018 [shall come into force on 5 October
2018];
25 October 2018 [shall come into force on 28 November
2018];
27 February 2020 [shall come into force on 11 March
2020];
14 May 2020 [shall come into force on 11 June
2020];
17 June 2020 [shall come into force on 1 July
2020];
3 September 2020 [shall come into force on 29 September
2020];
10 December 2020 [shall come into force on 17 December
2020].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
Law of the Republic of Latvia
On Judicial
Power
Part I
General Provisions
Chapter 1
Judicial Power
Section 1. Judicial Power
(1) In the Republic of Latvia, independent judicial power
exists alongside the legislative and the executive power.
(2) The judicial power is exercised in conformity with the
rule of law principle. A judge is independent and subject solely
to the law.
(3) In the Republic of Latvia, the judicial power is vested in
district (city) courts, regional courts, the Supreme Court, and
the Constitutional Court, but in the state of emergency or during
war - also in military courts.
(4) Every person has the right to have the court case tried in
accordance with the procedural rules laid down in law.
(5) The establishment of special (extraordinary) courts which
do not follow the procedural norms prescribed by law and replace
the courts referred to in Paragraph three of this Section is
prohibited.
[15 June 1994; 31 October 2002; 17 March 2005]
Section 2. Laws Governing the
Judicial Power
(1) This Law prescribes the judicial system of the Republic of
Latvia.
(2) The principles and procedures for the examination of court
cases are determined by the Constitution, the laws on civil
procedure, criminal procedure and administrative procedure, and
also the law On the Preservation and Use of the Documents of the
Former State Security Committee, and Establishing the Fact of
Collaboration with the SSC by a Person.
(3) The principles and procedures for the examination of Land
Register cases is determined by the Land Register Law and other
laws governing the recording of immovable properties and
corroboration of the rights associated therewith in Land
Registers.
(4) The Constitutional Court Law governs the functioning of
the Constitutional Court.
(5) The Military Courts Law governs the functioning of a
military court.
[15 June 1994; 29 January 1997; 17 March 2005; 22 September
2005; 21 July 2011; 25 October 2018 / The new wording of
Paragraph three shall come into force on 1 June 2019. See
Paragraph 95 of Transitional Provisions]
Section 3. Right of a Person to
Judicial Protection
(1) A person has the right to judicial protection against
threats to his or her life, health, personal freedom, honour,
reputation, and property.
(2) Every person is guaranteed the right to have their rights
and obligations or validity of the accusations brought against
them determined on the basis of full equality by publicly
examining the case before an independent and impartial court and
meeting all requirements of fairness.
Section 4. Equality of Persons
before the Law and the Court
(1) All persons are equal before the law and the court, and
they have equal rights to the protection of the law.
(2) Justice shall be administered by a court irrespective of
the origin, social and financial status, race or nationality,
sex, education, language, attitude towards religion, type and
nature of occupation, place of residence, or political or other
views of a person.
Section 5. Administration of Justice
in Civil Cases
Justice in civil cases shall be administered by a court
examining and deciding in court hearings cases regarding disputes
relating to the protection of the civil, employment, family, and
other rights and lawful interests of natural and legal
persons.
Section 6. Administration of Justice
in Criminal Cases
Justice in criminal cases shall be administered by a court
examining and deciding in court hearings the validity of charges
brought against persons, and either acquitting innocent persons
or finding persons guilty of committing a criminal offence and
prescribing a punishment therefore.
[22 September 2005]
Section 7. Administration of Justice
in Administrative Cases
(1) In administrative cases, courts shall exercise control
over an activity of the executive power which relates to the
lawfulness and validity of a specific public law relation (an
administrative act or the actual actions of an institution), and
also establishes the public legal obligations or rights of a
person.
(2) Justice in administrative violation cases shall be
administered by a court examining and deciding in court hearings
cases regarding administrative violations committed by
persons.
[4 December 2003]
Section 8. Administration of Justice
in Commercial Disputes
[28 September 1995]
Section 9. Administration of Justice
in Issues of Constitutional Supervision
[15 June 1994]
Chapter 2
Principles of and Guarantees for the Independence of the
Judiciary
Section 10. Independence of the
Judiciary and Submission Solely to Law
(1) In administering the justice, judges shall be independent
and subject solely to law.
(2) The independence of the judiciary shall be guaranteed by
the State.
[29 January 1997; 16 June 2009]
Section 11. Prohibition to Interfere
with the Judicial Process
(1) State institutions, public and political organisations,
and other legal and natural persons have the obligation to
respect and abide by the independence of the judiciary and the
immunity of judges.
(2) The process of administering justice must be free from any
restrictions, pressures, influences, direct or indirect threats
or other unlawful interferences, irrespective of the purpose or
intention of such actions. Demonstrations and picketing on the
premises of a court building are prohibited in accordance with
the procedures specified in laws and regulations. Any influencing
of judges or interference with the administration of justice
shall be punished in accordance with the procedures specified in
law.
(3) No one has the right to request from a judge a report on
or explanations of the course of examination of a particular
case, or also the disclosure of the views expressed during
deliberations.
[29 January 1997; 16 June 2009]
Section 12. Liability for the
Contempt of Court
Persons who are guilty of the failure to obey a court, evading
an appearance before a court, disrespecting a judge in regard to
the administration of justice, and also of other actions
exhibiting contempt of court shall be punished in accordance with
the procedures specified in law.
[29 January 1997; 16 June 2009]
Section 13. Judicial Immunity
(1) In the fulfilment of the duties related to the
administration of justice, the judge has immunity.
(2) Only the Prosecutor General of the Republic of Latvia can
initiate a criminal case against a judge. A judge may not be
arrested or held criminally liable without the consent of the
Saeima. A Supreme Court judge specially authorised for
such purpose shall take the decision to arrest, convey by force,
detain or subject to search a judge. If a judge is apprehended
for committing a serious or especially serious criminal offence,
the decision to convey by force, detain or subject to search need
not be taken, but the specially authorised Supreme Court judge
and the Prosecutor General must be informed thereof within 24
hours.
(3) [16 June 2009]
(4) [14 May 2020 / See Paragraph 101 of Transitional
Provisions];
(5) A judge is not financially liable for the damages incurred
by a person who participates in a case as a result of an unlawful
or unfounded court judgment. In the cases provided for by the
Law, damages shall be compensated by the State.
(6) A person who considers that a court ruling is unlawful or
unfounded may appeal it in accordance with the procedures
specified in the Law, but cannot bring an action before a court
against the judge who examined this case.
[29 January 1997; 22 September 2005; 16 June 2009; 14 May
2020]
Section 14. Recusal of Judges
(1) A judge may not participate in the examination of a case,
if he or she is personally, directly or indirectly interested in
the outcome of the case, or if there are other circumstances
casting doubts on his or her impartiality, and also in the cases
provided for in the law On Prevention of Conflict of Interest in
Activities of Public Officials.
(2) In such cases, a judge must recuse himself or herself.
(3) If a judge has not recused himself or herself, the persons
who are participating in the case may apply for the recusal of
the judge.
(4) The grounds for recusation of a judge and the procedures
for the examination of the recusation shall be determined by
law.
[16 June 2009]
Section 15. Prohibition to a Judge
to Participate in the Repeated Examination of a Case
(1) A judge who has participated in the examination of a case
may not participate in the repeated examination of this case.
(2) Exceptions with regard to the conditions of Paragraph one
of this Section may only be specified in law.
[29 January 1997; 16 June 2009]
Section 16. Legal Effect of a Court
Judgment
(1) A court judgment shall enter into legal effect after its
appeal or protest time period has expired and it has not been
appealed or protested, or a higher court, having examined the
appeal or protest, has affirmed it, or modified it without
vacating the judgment.
(2) A judgment that has entered into legal effect shall be
executed.
(3) In accordance with the procedures specified in law, a
judgment shall be binding on a court when examining other cases
related to such matter.
(4) Such a judgment shall have the force of law, shall be
mandatory for all, and shall be treated with the same respect as
is due law.
Chapter 3
Basic Principles for the Examination of Cases
Section 17. Truth
(1) A court shall, when examining any case, be obliged to
establish the objective truth.
(2) In examining a case, a court shall determine the facts
based on the evidence examined at a court hearing.
(3) A court judgment may be based only on such evidence as has
been acquired according to the procedures laid down by law.
(4) The means of evidence shall be determined by law.
Section 18. Legality
Judicial proceedings in the Republic of Latvia shall be
conducted in accordance with the laws and regulations of the
Republic of Latvia, and judgments shall be proclaimed in the name
of the Republic of Latvia. In the cases provided for by laws and
international agreements, a court shall also apply the principles
of international law, or the laws of other countries.
Section 19. Openness
(1) In all courts of the Republic of Latvia, cases shall be
examined openly. The examination of a case in a closed court
hearing shall be permitted only in the cases specified by law by
complying with all other provisions applicable to court
proceedings.
(2) Judgments and decisions of a court shall always be
proclaimed publicly.
Section 20. Collegiality
(1) In the courts of the Republic of Latvia, cases shall be
examined collegially, except for the cases provided for by law,
when a case can also be examined by a judge sitting alone.
(2) In examining cases collegially, the judges comprising the
court panel have equal rights to decide all issues associated
with the examination of a case.
(3) All court rulings shall be made by a majority of the votes
of the judges. A judge may not abstain from a vote. If the votes
are divided equally, the presiding judge shall decide the
issue.
[16 June 2009]
Section 21. Language of Court
Proceedings
(1) Court proceedings in the Republic of Latvia shall be
conducted in the official language.
(2) To a person who participates in a case, but is not fluent
in the language of the court proceedings, a court shall ensure
the right to become acquainted with case files and to participate
in the court process with the assistance of an interpreter, and
also the right to speak in the court in the particular language,
in which such person is fluent.
[3 April 2008]
Section 22. Defence
A defendant has the right to defence. Such right of a
defendant during the examination of a case shall be ensured by
the court and is guaranteed by the State. Only an advocate may be
the defence counsel in the examination of a case.
Section 23. Presumption of
Innocence
(1) No one may be found guilty of committing a criminal
offence, while his or her guilt is not declared in accordance
with the Law.
(2) A defendant shall not have to prove his or her
innocence.
(3) A court shall resolve all doubts concerning the guilt of a
defendant in favour of the defendant.
[22 September 2005]
Section 24. Equality of Parties
(1) Parties have equal rights in proceedings.
(2) The law determines and the court shall ensure that parties
have an equal opportunity to use procedural rights to defend
their interests.
Section 25. Adversarial
Proceedings
(1) In the course of case examination, the parties shall
exercise their procedural rights by way of adversarial
proceedings, except for court proceedings in administrative
cases.
(2) Adversarial proceedings shall be manifested, by the
parties submitting evidence and applications addressed to the
court, participating in the questioning, or examination and
evaluation of other evidence, and also in the arguments of the
parties and the performance of other procedural activities.
[4 December 2003]
Section 25.1 Objective
Investigation Principle
In order to ascertain, within the limits of the claim, the
true circumstances of the case and to achieve fair examination of
an administrative case, a court shall give participants in the
administrative procedure instructions and recommendations, and
also collect evidence upon its own initiative.
[4 December 2003]
Section 26. Continuity
[30 April 2009]
Section 27. Directness and Oral
Hearing
(1) When examining a case, a court of first instance or
appellate court shall itself examine the evidence in the
case.
(2) Persons summoned before a court shall give their testimony
and explanations orally. All files and documents to be examined
at a court hearing shall be read and discussed orally.
Section 27.1 Management
of Time Periods for the Examination of Cases in a Court
(1) Before the beginning of each calendar year, the Court
President shall plan and determine the objectives of the court
work in relation to average time periods for the examination of
cases in a court (the standard of time periods for the
examination of cases) in cooperation with court judges.
(2) The standard of time periods for the examination of cases
shall be determined by taking into account the court resources
and the necessity to ensure the right of a person to the
examination of a case in a reasonable time period and in
conformity with other basic principles for the examination of
cases.
(3) The Court President shall submit the standard case
examination time limits for approval to the Judicial Council
until 1 February of each year.
(4) The actual case examination time limits shall be
supervised by the Court President.
[13 June 2013; 14 May 2020]
Section 28. Procedural Economy
(1) A judge shall try a case as fast as possible.
(2) A person who participates in a case shall comply with the
procedural terms specified in law or by the court.
[31 October 2002]
Section 28.1 Distribution
of Cases
(1) Before the beginning of each calendar year, the Court
President shall approve a plan for the distribution of cases.
(2) The Court President may amend the plan for the
distribution of cases during the calendar year:
1) due to the overload of work of judges;
2) due to an insufficient workload of judges;
3) in relation to a change of judges;
4) in relation to judges being unable to fulfil their
duties.
(3) In the distribution of cases, the workload of a judge when
fulfilling duties in judicial self-government authorities shall
be taken into account.
[31 October 2002; 9 June 2011]
Chapter
3.1
Availability of Information
[22 September 2005]
Section 28.2 Availability
of Court Rulings
(1) A court ruling given during an open court hearing and
drawn up as a separate procedural document shall become generally
accessible information at the time of its proclaiming, but, if
the ruling is not proclaimed - at the time of its adoption.
(2) Introductory section and operative part of a court ruling
given during a closed court hearing, if proclaimed publicly,
shall be generally accessible information.
(3) When issuing the information referred to in Paragraphs one
and two of this Section, it shall include an indication on the
validity of court ruling, and in accordance with the procedures
stipulated by the Cabinet the part of the information which
discloses the identity of a natural person shall be hidden.
(4) The provisions of this Section shall not be applied, if a
court ruling is issued in accordance with procedural laws.
(5) The final court judgment which has entered into effect in
a case examined in open proceedings together with other court
judgments in the particular case shall be published on the
website unless the law provides otherwise. Court decisions shall
be published in the same manner to the extent specified by the
Cabinet. In publishing court rulings, the part of information
which discloses the identity of a natural person shall be
hidden.
[3 April 2008; 13 June 2013; 3 September 2020]
Section 28.3 Availability
of Case Files
(1) After entry into effect of the final court ruling, the
case files examined in an open court hearing shall become
restricted access information and shall be available in
accordance with the Freedom of Information Law or the Criminal
Procedure Law after the final ruling has entered into effect.
(2) Until the entry into effect of the final court ruling in
this case, the case files shall be available only to those
persons for whom such rights have been provided in procedural
laws.
(3) The case files examined during an open or closed court
hearing shall be available to other State administrative
authorities and judicial power authorities, if these authorities
need them for the performance of their functions. The recipient
of the information shall ensure for the information the
protection provided for in the law.
[25 October 2018]
Section 28.4 Availability
of the Case Files Examined During a Closed Court Hearing
(1) The case files examined during a closed hearing shall be
available before the date specified in Paragraphs two, three, and
four of this Section only to those persons for whom such rights
have been provided in the procedural laws and in Section
28.3, Paragraph three of this Law. After expiration of
the time periods specified in Paragraphs two, three, and four of
this Section, the relevant case files shall be available as
restricted access information.
(2) The case files examined during a closed court hearing
shall become restricted access information when 20 years will
have passed after entering into effect of the final court ruling
in this case.
(3) The case files which have been examined during a closed
court hearing in the interests of keeping the official secret
shall become restricted access information upon expiry of the
time period of secrecy of information present in the case.
(4) Case files shall become restricted access information when
75 years will have passed after entering into effect of the final
court ruling in the case examined during a closed court hearing
on the determination of the origin of a child, the confirmation
and cancellation of adoption, divorce or non-existence and
restricting the capacity to act of a person due to disorders of
mental nature, or other health disorders.
[30 April 2009; 13 June 2013]
Section 28.5 Procedures
for the Contesting and Appeal of Information Refusal
(1) A refusal of a court to issue the requested information
may be contested before the Ministry of Justice in accordance
with the procedures laid down in the Administrative Procedure
Law. The decision of the Ministry of Justice may be appealed
before a court.
(2) The court, in issuing the information, shall be under
supervision of the Ministry of Justice.
Section 28.6 Court
Information System
(1) The Republic of Latvia shall be the owner of the Court
Information System and its software.
(2) The maintenance and development of the information system
shall be financed from the State basic budget.
(3) The Court Administration shall be the manager and holder
of the Court Information System.
(4) The Supreme Court shall establish case law database within
the framework of the Court Information System.
(5) The procedures for the selection and processing of the
information to be included in the case law database shall be
determined by the President of the Supreme Court after
co-ordination with the Ministry of Justice.
(51) The dates and time of court sessions, and also
information on the availability of a sworn advocate and a
prosecutor shall be noted in the calendar of court sessions
created in the Court Information System. A notation made in the
calendar of court hearings on the determination of the date and
time of a court hearing shall be binding in planning examination
of cases in a court hearing with the participation of such sworn
advocate or a prosecutor whose participation in another court
hearing has already been noted in the calendar of court
hearings.
(6) The Cabinet shall determine the procedures for the
establishment, maintenance, and use of the Court Information
System, and also the minimum amount of information to be
included, taking into account the restrictions specified in laws
and regulations.
(7) The information included in the Court Information System
shall be restricted access information, except for the case law
database in which the included information is generally
accessible.
[8 November 2007; 13 June 2013]
Section 28.7 Procedures
by which the Information is to be Published on the Internet
Homepage
The Cabinet shall determine the information related to court
work which is to be published on the website, and also the
procedures by which such information shall be published.
[3 April 2008]
Part II
Judicial System
Chapter 4
District (City) Courts
Section 29. Establishment of a
District (City) Court
(1) In the Republic of Latvia, at least one district (city)
court shall be established within the territory of operation of
each regional court.
(11) For the examination of cases specified in the
Civil Procedure Law and the Criminal Procedure Law in first
instance, the Economic Court which is located in Riga and the
territory of operation of which is the whole territory of the
Republic of Latvia is established.
(2) District (city) court may have divisions - courthouses
which are located within the territory of operation of the
relevant district (city) court.
(21) [25 October 2018 / See Paragraph 95 of
Transitional Provisions]
(3) District (city) courts, their courthouses, and also the
territories of operation and locations of district (city) courts,
their courthouses, shall be determined by the Judicial Council
and published in the official gazette Latvijas
Vēstnesis.
(4) In order to ensure the availability of court, the work of
a district (city) court may be organised in different locations
within the territory of operation of the district (city)
court.
[1 October 1997; 4 December 2003; 22 September 2005; 3
April 2008; 30 April 2009; 21 July 2011; 30 October 2014; 18 June
2015; 18 January 2018; 25 October 2018; 17 June 2020]
Section 30. Competence of a District
(City) Court
(1) A district (city) court is the court of first instance for
civil cases, criminal cases, and administrative cases, unless it
has been otherwise provided for in the law, and examines the Land
Register cases.
(11) [25 October 2018 / See Paragraph 95 of
Transitional Provisions]
(2) The laws on civil procedure, criminal procedure, and
administrative procedure shall determine the civil cases,
criminal cases, and administrative cases which are within the
jurisdiction of a district (city) court. The Land Register Law
establishes that the district (city) court has the jurisdiction
over Land Register cases.
[4 December 2003; 21 July 2011; 13 June 2013; 25 October
2018 / Amendments to the Section shall come into force on
1 June 2019. See Paragraph 95 of Transitional
Provisions]
Section 31. Composition of a
District (City) Court
(1) In the district (city) court, civil cases and
administrative cases shall be examined by a judge sitting alone.
Especially complicated administrative cases, at the discretion of
the Court President, may be examined collegially - in the
composition of three judges.
(2) [16 June 2009]
(3) In the cases specified by law, criminal cases shall be
examined by a judge sitting alone.
[29 January 1997; 4 December 2003; 16 June 2009]
Section 32. Judges of a District
(City) Court
(1) A district (city) court shall consist of the President and
judges.
(2) A district (city) court may have Deputy Presidents.
(3) The Saeima, upon a proposal of the Judicial
Council, shall determine the total number of judges in district
(city) courts and in the Economic Court, and also in the District
Administrative Court. The Judicial Council shall determine the
number of judges in each court upon a proposal of the Minister
for Justice.
(4) An investigating judge shall not examine criminal cases
while fulfilling the duties of an investigating judge.
[15 October 1998; 28 September 2005; 23 February 2006; 3
June 2010; 13 June 2013; 17 June 2020]
Section 33. President of a District
(City) Court
(1) The work of a district (city) court institution shall be
managed by the President concurrently with the fulfilment of the
duties of a judge.
(2) The President of a district (city) court shall be
appointed to the office by the Judicial Council for five years.
Procedures for the nomination and appointment of candidates for
the office of the President of a court shall be determined by the
Judicial Council. The Judicial Council may remove the President
from the office before the end of the term upon his or her own
request or upon a proposal of the Minister for Justice, if the
President has made gross violations while fulfilling his or her
duties of office or is unable to ensure qualitative management of
the administrative work of the court.
(21) The same person may be the President of a
district (city) court for not more than two consecutive
terms.
(3) The President of a district (city) court shall:
1) act with financial and other resources transferred to a
court institution;
2) determine professional duties for court employees and
Deputy President;
3) determine duties of judges in relation to efficient
functioning of a court institution (for example, cooperation with
foreign courts and other authorities, compilation of practice,
provision of opinions, participation in development of draft laws
and regulations, provision of references to the Judicial
Qualification Committee);
4) be responsible for the allocation of cases and other duties
among judges;
41) shall organise the work of the court;
42) shall promote uniform court practice in the
court, organise discussions regarding application of current laws
and regulations and analysing of the court practice;
43) shall ensure the openness of the work of the
court;
44) shall supervise the work quality of court
employees and the conformity with the standards of servicing
visitors in the court;
45) shall promote the conformity with the
professional ethics norms and uniform perception thereof in the
court;
5) submit requests to the Court Administration for material
and technical provision of activities of the court
institution;
6) be responsible for legal and useful use of resources;
7) organise the annual appraisals of court employees;
8) [1 June 2019 / See Paragraph 95 of Transitional
Provisions];
9) according to a decision of the President of a regional
court, appoint a judge for the fulfilment of the duties of an
investigating judge for a time period of up to three years;
10) according to a decision of the President of a regional
court, appoint a judge who will decide on the approval for the
acquisition of the data to be preserved from the electronic
communications merchants in accordance with the Operational
Activities Law.
(4) The President of a district (city) court may:
1) verify the conformity with the procedural time periods in
cases that are under judicial proceedings of a judge, and also
the conformity of the settlement of matters with the requirements
of laws and regulations, including the provisions of court
proceedings;
2) request a judge to provide an explanation for the work
organisation of the judge and other issues within the competence
stipulated in this Section;
3) issue orders to a judge which are related to work
organisation of the judge for fulfilment of professional
duties;
4) suggest to the Judicial Qualification Board the performance
of extraordinary assessment of the professional activities of a
judge of a district (city) court. The circumstances of the
professional activities of the judge that have been established
by the President and that are related to essential deficiencies
in work organisation or insufficient professional knowledge of
the judge which is an obstacle for qualitative course of judicial
proceedings shall be indicated in the proposal.
(5) If a judge does not perform the necessary procedural
activities without a justified reason in order to ensure the
examination of a case within a reasonable time period, and also
in cases when the time period planned by the judge does not
ensure the examination of a case within a reasonable time period,
the President of the court may:
1) assign the judge to determine a corresponding time period
in which the relevant procedural activity must be performed,
taking into account the circumstances of the case;
2) redistribute cases to judges according to the plan for the
distribution of cases.
[22 September 2005; 3 June 2010; 9 June 2011; 21 July 2011;
13 June 2013; 18 January 2018; 6 September 2018; 25 October 2018;
14 May 2020]
Section 33.1 Deputy
President of a District (City) Court
(1) The Deputy President of a district (city) court shall be
appointed and removed from the office in accordance with the
procedures laid down in Section 33, Paragraph two of this
Law.
(11) In a district (city) court with more than ten
judges, the President may have one or several deputies.
(2) The Deputy President may concurrently be the Chairperson
of a courthouse.
[22 September 2005; 30 April 2009; 3 June 2010; 18 January
2018]
Section 33.2 Chairperson
of a Courthouse of the District (City) Court
(1) The Chairperson of a courthouse of the district (city)
court may be appointed from among the judges of the relevant
court in a courthouse of the district (city) court. The
Chairperson of a courthouse of the district (city) court shall be
appointed and removed from the office in accordance with the
procedures laid down in Section 33, Paragraph two of this
Law.
(2) [16 December 2010]
(3) [16 December 2010]
[30 April 2009; 16 December 2010]
Section 33.3 Head and
Deputy Head of a Land Registry Office
[1 June 2019 / See Paragraph 95 of Transitional
Provisions]
Section 33.4
Reorganisation of District (City) Courts
(1) A district (city) court may be merged with another
district (city) court, if the Judicial Council has agreed
thereto. Upon a proposal of the Minister for Justice, the
Judicial Council shall approve the plan for the reorganisation of
a district (city) court.
(2) After transfer of a judge to work in another district
(city) court, cases the examination of which on the merits has
been commenced in the reorganised court before merging of the
district (city) court has been completed shall be further
examined by the same judge. Cases the examination of which on the
merits has not been commenced shall be transferred to the
district (city) court with which the district (city) court is
being merged.
(3) A case examined in the reorganised district (city) court
in which the appellate or cassation court has revoked the ruling
shall be transferred for examination anew to the district (city)
court to with which the reorganised district (city) court is
being merged, unless otherwise provided for in the law.
(4) If in a case examined in the reorganised district (city)
court matters related to the execution of the ruling are to be
decided, it shall be transferred for examination to the district
(city) court with which the reorganised district (city) court is
being merged, unless otherwise provided for in the law.
(5) Powers of the President and Deputy President of the
reorganised district (city) court shall expire upon the
completion of the court reorganisation.
[18 June 2015]
Section 34. Administrative
Judges
[15 October 1998]
Chapter 5
Regional Courts
Section 35. Establishment of
Regional Courts
(1) In the Republic of Latvia, six regional courts shall be
established: Riga Regional Court, Kurzeme Regional Court, Latgale
Regional Court, Vidzeme Regional Court, Zemgale Regional Court,
and the Regional Administrative Court.
(2) The territories of operation of regional courts shall be
determined by the Judicial Council and published in the official
gazette Latvijas Vēstnesis.
(3) Regional court may have divisions - courthouses of
regional courts which shall be located within the territory of
operation of the regional court. The courthouses of regional
courts and their territories of operation shall be determined by
the Judicial Council and published in the official gazette
Latvijas Vēstnesis.
[1 October 1997; 4 December 2003; 30 April 2009; 18 June
2015; 18 January 2018]
Section 36. Competence of a Regional
Court
A regional court is the appellate instance for civil cases,
criminal cases, and administrative cases, unless it has been laid
down otherwise in the law.
[13 June 2013 / Amendments to the Section regarding the
reorganisation of the Supreme Court shall come into force on 1
January 2014. See Paragraph 73 of the Transitional
Provisions]
Section 37. Composition of a
Regional Court for Hearings as the Court of First Instance
[13 June 2013 / See Paragraph 73 of the Transitional
Provisions]
Section 38. Composition of a
Regional Court for Hearings as the Appellate Court
In the appellate instance of a regional court civil cases,
criminal cases, and administrative cases shall be examined
collegially in the composition of three judges of the regional
court.
Section 39. Judges of a Regional
Court
(1) The judges of a regional court are the President, Deputy
Presidents, and judges.
(2) The total number of judges of a regional court, and also
of the Regional Administrative Court, shall be determined by the
Saeima, upon a proposal of the Judicial Council. The
Judicial Council shall determine the number of judges in each
court upon a proposal of the Minister for Justice.
[3 June 2010]
Section 40. President of a Regional
Court
(1) The work of a regional court institution shall be managed
by a President concurrently with the fulfilment of the judge
duties.
(2) The President of a regional court shall be appointed to
the office by the Judicial Council for five years. Procedures for
the nomination and appointment of candidates for the office of
the President shall be determined by the Judicial Council. The
Judicial Council may remove the President of a regional court
from the office before the end of the term upon his or her own
request or upon a proposal of the Minister for Justice, if the
President has made gross violations while fulfilling his or her
duties of office or is unable to ensure qualitative management of
the administrative work of the court.
(21) The same person may be the President of a
regional court for not more than two consecutive terms.
(3) The President of a regional court shall perform the
functions specified in Section 33, Paragraphs three, four, and
five of this Law.
(4) The President of a regional court shall determine such
district (city) courts in the territory of operation of the
relevant regional court where an investigating judge must be
appointed, and also the work schedule of investigating judges in
the territory of operation of the regional court.
(5) The President of a regional court shall determine a
district (city) court in the territory of operation of the
relevant regional court where a judge who will decide on the
approval for the acquisition of the data to be preserved from the
electronic communications merchants in accordance with the
Operational Activities Law must be appointed.
(6) The President of a regional court may suggest to the
Judicial Qualification Board the performance of extraordinary
assessment of the professional activities of a judge of a
district (city) court or a judge of a regional court. The
circumstances of the professional activities of the judge that
have been established by the President and that are related to
essential deficiencies in work organisation or insufficient
professional knowledge of the judge which is an obstacle for
qualitative course of judicial proceedings shall be indicated in
the proposal.
[22 September 2005; 3 June 2010; 13 June 2013; 18 January
2018; 6 September 2018; 25 October 2018; 14 May 2020]
Section 41. Deputy Presidents of a
Regional Court
(1) The President of a regional court shall have Deputy
Presidents who shall concurrently also fulfil the duties of a
Chairperson of a court collegium. A Deputy President may also
concurrently be the Chairperson of a courthouse of the regional
court.
(11) If a regional court has more than fifty
judges, the President of the regional court may have a deputy who
does not concurrently fulfil the duties of a Chairperson of a
court collegium.
(2) The Deputy President of a regional court shall be
appointed and removed from the office in accordance with the
procedures laid down in Section 40, Paragraph two of this
Law.
[3 June 2010; 9 June 2011]
Section 41.1 Chairperson
of a Courthouse of a Regional Court
(1) The Chairperson of a courthouse of the regional court may
be appointed from among the judges of the relevant regional court
in a courthouse of the regional court. The Chairperson of a
courthouse of a regional court shall be appointed and removed
from the office in accordance with the procedures laid down in
Section 33, Paragraph two of this Law.
(2) [16 December 2010]
(3) [16 December 2010]
[30 April 2009; 3 June 2010; 16 December 2010]
Section 42. Collegia of a Regional
Court
(1) A regional court may have collegia.
(2) A court collegium shall be managed by their Chairpersons
who are concurrently also the Deputy Presidents of a regional
court, and judges shall be included in the composition of the
collegium.
(3) The collegia of a regional court shall be approved by the
President of the regional court.
(4) If a collegium of regional court has more than 12 judges,
two or more court collegia with the respective name may be
established.
[28 September 1995; 31 October 2002; 4 December 2003; 3
June 2010; 18 January 2018; 17 June 2020]
Section 42.1 Land
Registry Offices
[21 July 2011]
Chapter 6
The Supreme Court
Section 43. Structure of the Supreme
Court
The Supreme Court (hereinafter also - the Senate) is composed
of the Department of Administrative Cases, the Department of
Civil Cases, and the Department of Criminal Cases.
[25 October 2018]
Section 44. Senate
(1) The Senate is a cassation instance, unless otherwise
provided for by the Law.
(2) The Saeima, upon a proposal of the Judicial
Council, shall determine the total number of judges in the Senate
(hereinafter also - the Senators).
(3) The Senate shall examine cases collegially in composition
of three Senators. In the cases specified in Law, cases may be
examined in an extended composition or in a joint meeting.
[25 October 2018]
Section 45. Chambers of the Court
and their Competence
[13 June 2013 / See Paragraph 73 of the Transitional
Provisions]
Section 46. Composition of a Chamber
of the Court
[13 June 2013 / See Paragraph 73 of the Transitional
Provisions]
Section 47. Senate and its
Competence
[13 June 2013 / See Paragraph 73 of the Transitional
Provisions]
Section 48. Department of the
Senate
(1) The total number of Senators in departments shall be
determined by the Judicial Council upon a proposal of the
President of the Supreme Court.
(2) Chairpersons of departments of the Senate shall be elected
by the Plenary Session of the Supreme Court for five years.
[25 October 2018]
Section 48.1 Disciplinary
Court
(1) In the cases specified in this Law and other laws, the
lawfulness of a decision shall be evaluated by the Disciplinary
Court. The composition and procedural operations of the
Disciplinary Court is governed by the Judicial Disciplinary
Liability Law.
(2) In accordance with the procedures laid down in this Law,
the Disciplinary Court shall inspect the lawfulness of the
unfavourable opinions provided by the Judicial Qualification
Committee in the framework of the assessment of the professional
activities of judges.
[3 June 2010; 9 June 2011; 18 January 2018]
Section 49. Plenary Session and its
Competence
(1) The Plenary Session is a general meeting of judges of the
Supreme Court convened by the President of the Supreme Court.
(2) The Plenary Session shall discuss current issues of legal
norm interpretation.
(3) [3 April 2008]
(4) The Plenary Session shall give an opinion on whether there
are grounds to remove the President of the Supreme Court or
dismiss the Prosecutor General from office.
(5) The Plenary Session shall select the candidates for the
position of a judge of the Supreme Court from among the judges of
the Republic of Latvia in the cases specified in the
Constitutional Court Law.
(6) The Plenary Session shall elect a member of the Central
Election Commission from among the judges.
(7) The Plenary Session shall elect a member of the Judicial
Council from among the judges of the Supreme Court.
(8) The Plenary Session shall elect six members of the
Disciplinary Court for five years and approve the Chairperson of
the Disciplinary Court from among the members.
[15 October 1998; 31 October 2002; 3 April 2008; 30 April
2009; 3 June 2010; 25 October 2018]
Section 49.1 General
Meeting of Senators of a Department of the Senate
(1) The General Meeting of Senators of a department of the
Senate is a collegial authority which is convened by the
President of the Supreme Court for the discussion of current
legal issues.
(2) The General Meeting of Senators of a department of the
Senate shall discuss current issues of legal norm interpretation
to ensure uniformity in application of legal norms.
(3) The General Meeting of Senators of a department of the
Senate shall formulate its opinion on the issues of
interpretation and application of legal norms as a decision which
shall be published on the website.
(4) [25 October 2018]
(5) The General Meeting of Senators of a department of the
Senate shall provide an opinion on the candidate for the office
of a judge of the Supreme Court or a judge who has applied to
replace a judge of the Supreme Court. Upon a proposal of the
President of the Supreme Court, the Judicial Council shall
approve the criteria to be used for the preparation of the
opinion.
[13 June 2013; 30 April 2015; 18 January 2018; 25 October
2018]
Section 50. President of the Supreme
Court
(1) The work of the Supreme Court shall be managed by the
President of the Supreme Court who shall, upon recommendation of
the Plenary Session of the Supreme Court, be approved from
amongst the judges of the Supreme Court by the Saeima for
five years. The same person may be the President of the Supreme
Court for not more than two consecutive terms of office.
(2) The President of the Supreme Court has the right to
participate in the examination of cases at the Senate.
(3) The President of the Supreme Court shall implement the
powers specified in the Office of the Prosecutor Law which are
related to the removal or dismissal of the Prosecutor General
from the office.
(4) Following the approval of a judge of the Supreme Court in
the office, the President of the Supreme Court shall determine
the department of the Senate where this judge will fulfil his or
her duties.
(41) The President of the Supreme Court, upon a
proposal of the General Meeting of Senators of the relevant
department of the Senate, shall transfer a Senator to another
department.
(5) The President of the Supreme Court shall convene the
meetings of the chairpersons of the departments of the Senate
where an issue of the allocation of a case submitted by a judge
or a court shall be decided, and shall participate therein with
voting rights and chair them.
(6) The President of the Supreme Court shall also have the
functions specified in Section 33, Paragraphs four and five of
this Law.
(7) The President of the Supreme Court, upon having ceased to
fulfil the duties of the office, shall continue the fulfilment of
the duties of the office of a judge in any of the departments of
the Senate.
(8) The President of the Supreme Court may suggest to the
Judicial Qualification Board the performance of extraordinary
assessment of the professional activities of a judge of a
district (city) court, a judge of a regional court, or a Supreme
Court judge. The circumstances of the professional activities of
the judge that have been established by the President and that
are related to essential deficiencies in work organisation or
insufficient professional knowledge of the judge which is an
obstacle for qualitative course of judicial proceedings shall be
indicated in the proposal.
[13 June 2013; 25 October 2018; 27 February 2020; 14 May
2020]
Section 50.1
Administration of the Supreme Court
(1) The Administration of the Supreme Court is a structural
unit of the Supreme Court which organises and ensures the
administrative work of the court.
(2) The Head of the Administration of the Supreme Court shall
be hired and dismissed by the President of the Supreme Court.
(3) The Administration of the Supreme Court shall:
1) manage finances;
2) take care of materials and technical facilities;
3) deal with record keeping;
4) organize staff management and training;
5) ensure communication with society;
6) undertake international cooperation.
[22 September 2005]
Chapter
6.1
Provision of the Judicial System
[16 December 2010]
Section 50.2 Financing of
the Judicial System
(1) The judicial system shall be financed from the State
budget.
(2) The State shall guarantee the independence of judges and
the effective legal protection of a person in a competent and
independent court by providing for adequate financing in the law
on the budget for the current year.
(3) The Court Administration shall prepare the draft budget
requests of district (city) courts and regional courts and submit
to the Ministry of Justice. The Ministry of Justice shall submit
a summary of budget requests to the Judicial Council for the
provision of an opinion. Following the receipt of the opinion
from the Judicial Council, the Ministry of Justice shall submit
the budget requests of district (city) courts and regional courts
to the Ministry of Finance, appending thereto the opinion of the
Judicial Council.
(4) The Supreme Court shall submit the budget request of the
Supreme Court to the Judicial Council for the provision of an
opinion. The Supreme Court shall submit the budget request of the
Supreme Court to the Ministry of Finance, appending the opinion
of the Judicial Council thereto.
(5) The differing opinion of the Judicial Council on the
submitted budget request shall not suspend the submission thereof
to the Ministry of Finance.
[21 July 2011]
Section 50.3 Material and
Technical Facilities of Courts
The State shall provide courts with the appropriate material
and technical facilities for the fulfilment of court
functions.
Part III
Judges of the Republic of Latvia
Chapter 7
Candidate for the Office of a Judge
[16 June 2009]
Section 51. Requirements for a
Judge
(1) A person who meets the following mandatory requirements
may be a judge:
1) is a citizen of Latvia;
2) has the highest level of proficiency in the official
language;
3) has completed the higher vocational or academic education
(except for the first level vocational education) and acquired
the qualification of a lawyer, and also has a masterʼs or
doctoral degree;
4) has impeccable reputation;
5) has attained the age of 30 years.
(2) When selecting a judge, no discrimination based on origin,
social and financial status, race or nationality, sex, attitude
towards religion, type and nature of occupation, or political or
other views is permitted. The requirement that a judge must be a
citizen of Latvia shall not be considered as discriminatory.
(3) Candidates for the office of a judge shall be selected in
an open competition. Upon recommendation of the Minister for
Justice and the President of the Supreme Court, the Judicial
Council shall approve the rules for the competition.
[29 January 1997; 9 June 2011; 18 January 2018]
Section 52. Candidate for a Position
of a Judge of a District (City) Court
A person meeting the following criteria may be appointed as a
judge of a district (city) court:
1) has worked in a legal profession for at least five years
following the acquisition of the qualification of a lawyer, or
has worked in the position of the assistant to a President or
assistant to a judge for at least five years;
2) has been included in the list of candidates for the
position of a judge;
3) meets the requirements of Section 51, Paragraph one of this
Law.
[18 January 2018; 14 May 2020]
Section 53. Candidate for a Judge of
a Regional Court
(1) A judge of a district (city) court whose total length of
service in the office of a judge is at least six years and who
has received a favourable opinion from the Judicial Qualification
Committee in the extraordinary assessment of the professional
activities of the judge may apply for an office of a judge of a
regional court.
(11) In exceptional cases, a judge of a district
(city) court who has been approved to the office for an unlimited
term and who has a masterʼs or doctoral degree, and who has
received a favourable opinion from the Judicial Qualification
Committee in the extraordinary assessment of the professional
activities of the judge may apply for the office of a judge of a
regional court.
(2) A person whose total length of service in a position of an
academic personnel in the legal specialities at a higher
education institution, a sworn advocate or a prosecutor, or,
until 30 June 1994, a deputy prosecutor, an assistant prosecutor,
or an investigator for the prosecution is at least 10 years and
who has been included in the list of candidates for the position
of a judge may apply for the office of a judge of a regional
court.
(3) A person who has been in the office of a Constitutional
Court judge, a judge of an international court or a judge of a
supranational court may apply for the office of a judge of a
regional court.
[19 June 2003; 3 April 2008; 30 April 2009; 9 June 2011; 18
January 2018; 25 October 2018; 14 May 2020]
Section 54. Candidate for a Judge of
the Supreme Court
(1) A judge of a district (city) court or such judge of a
regional court whose total length of service in the office of a
judge is at least ten years and who has received a favourable
opinion from the General Meeting of Judges of a department of the
Supreme Court may apply for the office of a judge of the Supreme
Court.
(11) In exceptional cases, a judge of a district
(city) court who has been approved to the office for an unlimited
term or a judge of a regional court who has a masterʼs or
doctoral degree, and who has received a favourable opinion from
the General Meeting of Judges of a department of the Supreme
Court. may apply for the office of a judge of the Supreme
Court.
(2) A person whose total length of service in a position of an
academic personnel in the legal specialities at a higher
education institution, a sworn advocate or a prosecutor is at
least 15 years, who has passed the qualification examination, and
who has received a favourable opinion from the General Meeting of
Judges of a department of the Supreme Court may apply for the
office of a judge of the Supreme Court.
(3) A person who has been in the office of a Constitutional
Court judge, a judge of an international court or a judge of a
supranational court and has received a favourable opinion from
the General Meeting of Judges of a department of the Supreme
Court may apply for the office of a judge of the Supreme
Court.
(4) To apply for the office of a judge of the Supreme Court, a
person must have attained 40 years of age.
[19 June 2003; 3 April 2008; 30 April 2009; 3 June 2010; 9
June 2011; 18 January 2018]
Section 54.1 Procedures
for the Selection of a Candidate for the Office of a Judge of a
District (City) Court and Regional Court
(1) The procedures for the selection of a candidate for the
office of a judge of a district (city) court and regional court
shall be determined by the Judicial Council and published in the
official gazette Latvijas Vēstnesis.
(2) A candidate who has not been included in the list of
candidates for the office of a judge may repeatedly participate
in the selection of a candidate for the office of a judge of a
district (city) court and regional court not earlier than a year
after the day when the refusal to admit to the next round of
selection or refusal to include in the list of candidates for the
office of a judge has been received.
[18 January 2018; 14 May 2020]
Section 54.2 Procedures
for the Selection, Apprenticeship and Taking of Qualification
Examination of a Candidate to the Office of a Judge of the
Supreme Court
(1) Procedures for the selection, apprenticeship and taking
the qualification examination of a candidate for the office of a
judge of the Supreme Court shall be determined by the Judicial
Council and published in the official gazette Latvijas
Vēstnesis.
(11) The selection laid down in Paragraph one of
this Section shall be organised if the persons referred to in
Section 54, Paragraph three of this Law have not expressed a wish
to apply for the office of a Supreme Court judge or have
expressed a wish to apply for the office of a Supreme Court
judge, however, have not received a favourable opinion from the
General Meeting of Judges of a department of the Supreme
Court.
(2) A candidate who has not passed the qualification
examination may re-apply for the office of a judge not sooner
than after a year. The time period of a year shall be counted
from the day on which the candidate for the office of a judge
received the refusal regarding his or her advancing for the
position of a judge.
[18 January 2018; 3 September 2020]
Section 55. Persons who May Not
become Candidates for the Office of a Judge
The following persons may not be candidates for the office of
a judge:
1) who have been previously convicted of committing a criminal
offence (irrespective of whether the conviction has been
extinguished or set aside);
2) who have previously committed a criminal offence, but has
been released from serving the sentence in connection with the
expiration of a limitation period, amnesty, or clemency;
3) against whom criminal proceedings have been terminated for
non-exonerating reasons;
4) against whom a criminal prosecution has been commenced;
5) for whom insolvency proceedings have been declared and less
than five years have passed since the day of their
termination;
6) who have acquired the status of a debtor in accordance with
the Maintenance Guarantee Fund Law;
7) who are or have been employed in staff positions or as
supernumeraries of the State Security Committee of the U.S.S.R.
or the Latvian S.S.R., the Ministry of Defence of the U.S.S.R.,
or the state security service, army intelligence service or
counter-intelligence service of a foreign country, or as an
agent, resident or safehouse keeper of the aforementioned
institutions;
8) who are or have been participants (members) of
organisations, which are prohibited by the laws of the Republic
of Latvia, decisions of the Supreme Council, or court rulings,
after the prohibition of such organisations;
9) who have been removed from the office of a judge, sworn
bailiff, assistant of sworn bailiff, sworn notary, assistant of a
sworn notary, excluded from the number of sworn advocates or
assistants of sworn advocates or dismissed from the position of a
prosecutor on the basis of a decision in a disciplinary case and
five years have not been passed from entering into effect of the
decision taken in a disciplinary case.
[15 June 1994; 22 September 2005; 3 April 2008; 30 April
2009; 9 June 2011; 18 January 2018]
Section 56. Candidate for a Lay
Judge
[16 June 2009]
Chapter 8
Nomination of Candidates for the Office of a Judge
Section 57. Nomination of a
Candidate for the Office of a Judge of a District (City) Court
and a Judge of a Regional Court
A candidate for the office of a judge of a district (city)
court and a judge of a regional court who has been selected in
accordance with the procedures laid down in Section
54.1, Paragraph one of this Law has obtained the
highest number of points among the persons included in the list
of candidates for the office of a judge and has agreed to hold
the vacant office of a judge shall be nominated for appointing or
approval by the Minister for Justice.
[14 May 2020]
Section 58. Nomination of Candidates
for the Office of a Judge of a Regional Court
[15 October 1998]
Section 59. Nomination of Candidates
for the Office of a Judge of the Supreme Court
A candidate for approval in the office of a judge of the
Supreme Court shall be nominated by the President of the Supreme
Court on the basis of a favourable opinion of the relevant
department.
[18 January 2018]
Chapter 9
Procedures for the Appointment and Approval of Judges and their
Term of Office
[16 June 2009]
Section 60. Procedures for the
Appointment and Approval of Judges of a District (City) Court
(1) Judges of a district (city) court shall be appointed to
office by the Saeima, upon a proposal of the Minister for
Justice, for three years. Based on the decision of the
Saeima to appoint a judge to the office of a judge of a
district (city) court, the Judicial Council shall determine the
specific district (city) court or its courthouse and the specific
place for the fulfilment of the duties of a judge within the
territory of operation of the court.
(2) After a judge of a district (city) court has held the
office for three years, the Saeima shall, upon a proposal
of the Minister for Justice and on the basis of the opinion of
the Judicial Qualification Committee provided in the framework of
the assessment of the professional activities of the judge,
approve him or her in office for an unlimited term of office or
shall re-appoint him or her to office for a period of up to two
years. Time periods exceeding six months when a judge is on
continuous leave for justified reasons shall not be included in
the abovementioned time periods. After expiration of the repeated
term of office, the Saeima shall, upon a proposal of the
Minister for Justice, approve in office a judge of a district
(city) court for an unlimited term of office.
(3) If the work of a judge is unsatisfactory, the Minister for
Justice, on the basis of an opinion of the Judicial Qualification
Committee provided in the framework of the assessment of the
professional activities of the judge, shall not nominate the
judge as a candidate for a repeated appointment to or approval in
office.
(4) If a judge of a district (city) court is not nominated for
approval in the office, the term of office of this judge shall
expire concurrently with the term for which he or she was
appointed to office.
[15 October 1998; 30 April 2009; 3 June 2010; 9 June 2011;
18 January 2018]
Section 61. Procedures for the
Approval of a Judge of a Regional Court
Judges of a regional court shall be approved by the
Saeima, upon a proposal of the Minister for Justice, for
an unlimited term of office. Based on the decision of the
Saeima to approve a judge to the office of a judge of a
regional court, the Judicial Council shall determine the specific
regional court or courthouse in which the duties of the judge are
to be fulfilled.
[3 June 2010]
Section 62. Procedures for the
Confirmation of a Judge of the Supreme Court
Judges of the Supreme Court, upon a proposal of the President
of the Supreme Court, shall be approved in office by the
Saeima for an unlimited term of office.
Section 63. Maximum Age for Holding
the Office of a Judge
The maximum age for holding the office of a judge shall be 70
years.
[13 June 2013]
Section 64. Procedures for the
Election of a Lay Judge
[16 June 2009]
Section 65. Procedures for the
Invitation of a Lay Judge to Court
[16 June 2009]
Section 66. Granting of the Title of
Judge Emeritus
The Judicial Council may grant the title of judge emeritus to
a judge who has worked with integrity and has retired from the
work of a judge.
[3 June 2010; 18 January 2018]
Chapter
9.1
Remuneration and Service Pensions of
Judges
[16 December 2010]
Section 66.1 Remuneration
of Judges
The remuneration of judges shall be determined in accordance
with the Law on Remuneration of Officials and Employees of State
and Local Government Authorities.
Section 66.2 Service
Pensions of Judges
The grounds for granting a service pension to a judge, and
also the procedures for the granting, calculation, and
disbursement of service pensions shall be determined by a special
law.
Chapter
10
Symbols of Judicial Power
Section 67. Symbols of Judicial
Power
The symbols of judicial power shall be the oath of judges
(solemn vow), the robe and the insignia of office.
[16 June 2009; 9 June 2011]
Section 68. Oath of Judges (Solemn
Vow)
(1) Upon taking office, a judge shall give the following oath
(solemn vow):
"I, ____________, undertaking the duties of a judge, am aware
of the responsibility entrusted to me, and swear (solemnly swear)
to be honest and fair, to be loyal to the Republic of Latvia, to
always endeavour to determine the truth, never to betray it, and
to adjudge strictly in accordance with the Constitution and the
laws of the Republic of Latvia."
(2) The oath (solemn oath) of a judge shall be accepted by the
President.
(3) A judge shall take up the fulfilment of his or her duties
after giving the oath (solemn oath).
[16 June 2009; 9 June 2011]
Section 69. Oath of Lay Judges
[16 June 2009]
Section 70. Procedures for Giving
the Oath (Solemn Vow) of Judges
(1) A judge shall read the text of the oath (solemn vow). It
shall be signed by the judge who has given the oath (solemn vow)
and also the President.
(2) A judge shall give the oath (solemn vow), attired in his
or her robes.
(3) After acceptance of the oath (solemn vow), the President
shall issue the judge the insignia of office.
[16 June 2009; 9 June 2011]
Section 71. Judicial Robe and
Insignia of Office
(1) A judge shall fulfil his or her duties, attired in robe
and wearing the insignia of office.
(2) The insignia of office of a judge shall be conferred upon
a judge when taking office.
(3) [21 July 2011]
(4) The Judicial Council shall approve the procedures for the
use of the robe and insignia of office.
[29 January 1997; 22 September 2005; 3 June 2010; 9 June
2011; 21 July 2011]
Section 72. Judicial Identification
Card
Judges shall be issued with an identification card, the form
of which shall be approved by the Judicial Council.
[3 June 2010]
Section 73. Seal of a Court
A court shall have a seal, if provided for by a law or
regulation, bearing the State coat of arms in accordance with the
law On the State Coat of Arms of Latvia.
[13 June 2013; 25 October 2018 / Amendment to this
Section regarding deletion of the words "and a Land Registry
Office" shall come into force on 1 June 2019. See
Paragraph 95 of Transitional Provisions]
Chapter
11
Procedures for the Transfer and Substitution of Judges
[3 June 2010]
Section 73.1 Transfer of
a Judge to the Vacant Office of a Judge
(1) The Judicial Council shall, on the basis of a favourable
opinion of the Judicial Qualification Committee, decide on the
transfer of a judge to a court or courthouse of the same level.
Before giving its opinion, the Judicial Qualification Committee
shall make the extraordinary assessment of the professional
activities of a judge in cases where:
1) [21 July 2011];
2) a judge of a district (city) court has applied to a vacant
office of a judge in the District Administrative Court or the
Economic Court;
3) a judge of the District Administrative Court has applied to
a vacant office of a judge in a district (city) court or the
Economic Court;
31) a judge of the Economic Court has applied to a
vacant office of a judge in a district (city) court or the
District Administrative Court;
4) a judge of a regional court has applied to a vacant office
of a judge in the Regional Administrative Court;
5) a judge of the Regional Administrative Court has applied to
a vacant office of a judge in another regional court.
(2) The Judicial Council shall, on the basis of a favourable
opinion of the Judicial Qualification Committee, decide on the
transfer of a judge to work in a regional court. Before giving
its opinion, the Judicial Qualification Committee shall make the
extraordinary assessment of the professional activities of a
judge in cases where:
1) [21 July 2011];
2) a judge of a district (city) court or a judge of the
Economic Court has applied to a vacant office of a judge in the
Regional Administrative Court;
3) a judge of the District Administrative Court or a judge of
the Economic Court has applied to a vacant office of a judge in a
regional court.
(21) The Judicial Council shall decide on the
transfer of a judge to an office in a court of a lower level. A
judge may be transferred to the office of a judge of a court of a
lower level, if he or she has given a written consent.
(3) If the judge has received a favourable opinion, the
Judicial Qualification Committee shall nominate him or her as a
candidate for the transfer to an office. If several candidates
who have received a favourable opinion apply for one vacant
position, the Judicial Qualification Committee shall take a
reasoned decision and nominate the most suitable candidate as the
candidate for transfer to the office.
(4) The Judicial Council shall, upon a proposal of the
President of the Supreme Court and on the basis of a favourable
opinion from the General Meeting of Senators of a department of
the Senate, decide on the transfer of a judge to the office of a
judge of the Supreme Court.
[3 June 2010; 9 June 2011; 21 July 2011; 13 June 2013; 18
January 2018; 25 October 2018; 17 June 2020]
Section 73.2 Transfer of
a Judge if the Court is Being Reorganised
If a district (city) court is being reorganised in accordance
with this Law, the Judicial Council shall, upon a proposal of the
Minister for Justice, decide on the transfer of a judge of the
district (city) court (also without his or her consent) to work
in another district (city) court within the territory of
operation of the same regional court or the territory of
operation of another regional court, if the reorganised district
(city) court is merged with a district (city) court which is
located in the territory of operation of another regional court.
The Judicial Council shall determine the procedures by which the
respective proposal shall be prepared and examined in a meeting
of the Judicial Council.
[18 June 2015; 18 January 2018]
Section 73.3 Transfer of
a Judge within the Territory of Operation of the Court
Upon a proposal of the Minister for Justice, the Judicial
Council shall decide on the transfer of a judge to another place
for the fulfilment of the duties of a judge within the territory
of operation of the court, if the judge has given his or her
consent.
[18 January 2018]
Section 74. Substitution of the
President of a District (City) Court
(1) In the temporary absence (illness, vacation or other) of
the President of a district (city) court, this judge shall be
substituted by the Deputy President of the district (city)
court.
(2) If the Deputy President of the respective district (city)
court has not been appointed, or has been appointed, but is
temporarily absent, one of the judges of the respective court
shall be appointed to substitute the President of the district
(city) court upon an order of the Minister for Justice.
[25 October 2018 / The new wording of the Section shall
come into force on 1 June 2019. See Paragraph 95 of Transitional
Provisions]
Section 75. Substitution of a Judge
of a District (City) Court
(1) In case of a vacancy or temporary absence of a judge, the
Judicial Council may, upon becoming acquainted with the opinion
of the President of a court, upon a proposal of the Minister for
Justice, appoint a judge of another district (city) court or a
judge of a regional court to fulfil the duties of the judge of a
district (city) court for a time period not exceeding two years
if such person has agreed thereto in writing.
(2) [21 July 2011]
[3 June 2010; 21 July 2011; 18 January 2018; 14 May
2020]
Section 76. Substitution of the
President of a Regional Court and his or her Deputy
(1) In the temporary absence of the President of a regional
court, this judge shall be substituted by one of his or her
deputies.
(2) In the temporary absence of a Deputy President of a
regional court, this judge shall be substituted by a judge of the
respective regional court upon an order of the President of the
regional court.
Section 77. Substitution of a Judge
of a Regional Court
(1) In case of a vacancy or temporary absence of a judge, the
Judicial Council may, upon a proposal of the Minister for
Justice, appoint a judge of another regional court to fulfil the
duties of a judge of a regional court for a time period not
exceeding two years, if such person has given a written
consent.
(2) While there is a vacancy or in the temporary absence of a
judge of a regional court, the Judicial Council may, upon a
proposal of the Minister for Justice and upon a favourable
opinion of the Judicial Qualification Committee, appoint a judge
of a district (city) court to substitute the judge of the
regional court for a time period not exceeding two years. The
most suitable candidate shall be selected in accordance with the
procedures laid down in Section 51, Paragraph three of this
Law.
[15 October 1998; 2 November 2006; 1 December 2009; 3 June
2010; 18 January 2018]
Section 78. Substitution of the
President and Chairpersons of the Departments of the Supreme
Court
(1) In the temporary absence of the President of the Supreme
Court, he or she shall, upon his or her order, be substituted by
one of the chairpersons of departments.
(2) In the temporary absence of the Chairperson of a
department, he or she shall, upon an order of the President of
the Supreme Court, be substituted by one of the judges of the
respective department.
[13 June 2013 / Amendments to the Section regarding
reorganisation of the Supreme Court shall come into force on 1
January 2014. See Paragraph 73 of the Transitional
Provisions]
Section 79. Substitution of a Judge
of the Supreme Court
While there is a vacancy or in the temporary absence of a
judge of the Supreme Court, the Judicial Council may, upon a
proposal of the President of the Supreme Court and upon a
favourable opinion of the relevant department, assign a judge of
a regional court to substitute him or her for a time period not
exceeding two years. The most suitable candidate shall be
selected in accordance with the procedures laid down in Section
51, Paragraph three of this Law.
[18 January 2018]
Section 80. Remuneration for the
Substitution of a Judge
[16 December 2010]
Chapter
12
Expiration of the Powers of a Judge, Removal or Dismissal of a
Judge from the Office
[13 June 2013]
Section 80.1 Expiration
of the Powers of a Judge
The powers of a judge shall expire on the day when the term
for which the judge has been appointed to the office ends, and
also with attaining the maximum age for holding the office
specified in this Law or death of the judge.
[13 June 2013]
Section 81. Procedures for the
Removal or Dismissal of a Judge from Office
(1) In the cases provided for in Section 82, Paragraph one,
Clauses 1 and 2 of this Law, a judge of a district (city) court
or a judge of a regional court shall be removed from office by
the Saeima, upon a proposal of the Minister for Justice, a
judge of the Supreme Court shall be removed from office by the
Saeima, upon a proposal of the Judicial Council of the
Supreme Court, and the President of the Supreme Court shall be
removed from office by the Saeima, upon a proposal of the
Judicial Council.
(11) In the cases provided for in Section 82,
Paragraph one, Clauses 3 and 5 of this Law, a judge of a district
(city) court, a judge of a regional court and a judge of the
Supreme Court shall be removed from office by the Saeima,
upon a proposal of the Judicial Council.
(2) A judge of a district (city) court, regional court and the
Supreme Court shall be dismissed from office by the
Saeima, upon proposal of the Judicial Disciplinary
Committee, but the President of the Supreme Court shall be
dismissed from office by the Saeima, upon a proposal of
the Judicial Disciplinary Committee, on the basis of an opinion
of the Plenary Session of the Supreme Court. If a judge has been
convicted and the judgment of the court has entered into legal
effect, the judge shall be dismissed from office by the
Saeima, upon a proposal of the Minister for Justice.
[15 October 1998; 9 June 2011; 13 June 2013]
Section 82. Removal of a Judge from
Office
(1) A judge shall be removed from office:
1) upon his or her own wish;
2) in connection with election or appointment to another
office;
3) due to his or her state of health if it does not allow him
or her to continue to work as a judge;
4) [13 June 2013];
5) if he or she has repeatedly received an unfavourable
opinion in the assessment of his or her professional work.
(2) [15 October 1998]
[15 October 1998; 9 June 2011; 13 June 2013]
Section 83. Dismissal of a Judge
from Office
A judge shall be dismissed from office:
1) if the judge has been convicted, and the judgment of the
court has entered into legal effect;
2) on the basis of a decision of the Judicial Disciplinary
Committee.
[15 October 1998]
Section 84. Suspension of a Judge
from the Performance of Office Duties
(1) If a disciplinary matter against a judge has been
initiated for a violation which is not compatible with the status
of a judge, the Judicial Disciplinary Board shall, upon its own
initiative or upon a proposal of the initiator of the
disciplinary matter, suspend the judge from the performance of
office duties in accordance with the procedures laid down in the
Judicial Disciplinary Liability Law.
(2) [14 May 2020]
(21) In the case referred to in Paragraph one of
this Section, a judge shall be suspended from the performance of
office duties until the day when the final decision in the case
enters into effect. The following shall be considered the final
decision in a case:
1) the decision to terminate the disciplinary matter or the
decision of the Judicial Disciplinary Board to restrict
themselves to the examination of the disciplinary matter at a
sitting, without the imposition of a disciplinary sanction;
2) the decision to impose a disciplinary sanction;
3) the decision in criminal proceedings by which the judge has
obtained the procedural status - a person who has the right to
defence;
4) the decision of the Saeima to dismiss the judge from
the office when the dismissal of the judge from the office has
been suggested to the Saeima.
(3) If in a criminal proceeding a judge has obtained the
procedural status - a person who has the right to defence - he or
she shall be suspended from the fulfilment of the duties of the
office as of the moment when the relevant court has received a
notification (information) from the person directing the
proceedings until the settlement of criminal and legal relations
in criminal proceedings.
(4) The President of the Supreme Court or the Minister for
Justice shall appoint a judge who has been suspended from the
office for work in a court, the Ministry of Justice, or the Court
Administration in an office which is not an office of a public
official for the duration of suspension with his or her consent,
disbursing the work remuneration specified for the relevant work.
If a judge does not agree to being appointed for another work,
the minimum monthly wage determined in the State at the time of
suspension shall be disbursed to him or her. If the decision to
terminate criminal proceedings has entered into effect and the
grounds for termination are related to circumstances exonerating
the person, or the decision referred to in Paragraph
2.1, Clause 1 or 2 of this Section has entered into
effect, or if a court has given an acquittal judgment in a
criminal case, the monthly wage that was not disbursed for the
whole period of suspension and also supplements shall be
disbursed to him or her.
[13 June 2013; 14 May 2020]
Section 85. Removal of a Lay Judge
from Fulfilling the Duties of a Lay Judge
[16 June 2009]
Chapter
13
Rights and Obligations of Judges
[16 June 2009]
Section 86. Rights and Freedoms of
Judges
(1) A judge shall have the rights and freedoms of a citizen
specified in law. A judge shall exercise these rights and
freedoms so that the dignity and honour of the court and judges,
impartiality, and the independence of the court do not
suffer.
(2) Judges may freely join together in organisations which
protect their independence, promote their professional
development, and defend their rights and interests.
(3) The office of a judge may not be combined with membership
in a party or other political organisation.
(4) [23 May 1996]
(5) A judge is not allowed to strike.
(6) A judge may submit proposals on issues concerning the
explanation of laws to the Judges' Conference, and also directly
to the Supreme Court.
[15 June 1994; 23 May 1996]
Section 86.1 Right of
Judges to Hold Other Offices
(1) A judge with his or her consent and the permission of the
Court President may be appointed for work in another court (also
courts of higher instance) in an office that is not the office of
a judge, in the Ministry of Justice, the Court Administration,
international court, international organisation, or another
institution within the scope of an international project
(hereinafter - another authority) for a specific period of
time.
(2) The order on appointing a judge for work in another
authority for a determined period shall be issued by the Minister
for Justice. The order on appointing a judge of the Supreme Court
for work in another authority for a determined period shall be
issued by the President of the Supreme Court after the consent of
the Chairperson of the relevant department has been received.
(3) A judge may be appointed for work in another authority for
a time period which does not exceed two years. During this
period, the judge may not fulfil the duties of a judge in the
court from which he or she has been appointed for work in another
authority.
(4) [16 December 2010]
(5) Work in another authority shall be counted in the length
of the service of the judge.
[31 October 2002; 22 September 2005; 23 February 2006; 16
December 2010; 13 June 2013; 18 January 2018]
Section 87. Security Guarantees for
Judges
Judges have the right to receive protection for themselves and
members of their family, and also for their property and that of
the members of their family.
Section 88. Employment Rights
Guarantees to Lay Judges
[16 June 2009]
Section 89. Duties of Judges
(1) In administering justice, a judge shall precisely fulfil
the requirements of law, shall ensure the protection of the
rights, freedoms, honour and dignity of human beings, and shall
be fair and humane.
(2) [16 June 2009]
(3) A judge does not have the right to disclose the
confidential deliberations of judges, and the non-disclosable
information which has been acquired during closed court
hearings.
(4) Outside the court, a judge must avoid everything which
might diminish the authority of the court to administer justice
or the dignity of the judge or cause doubts of their impartiality
and fairness.
(5) A judge has the obligation to continuously enhance his or
her knowledge throughout his or her career as a judge.
(51) During the first year after the first
appointing to the office of a district (city) judge or after
approval to the office of a judge of regional court, the judge
has an obligation to complete the course for the training of new
judges.
(6) A judge shall ensure that a ruling to be drawn up in the
form of an individual procedural document is processed and
inserted in the Court Information System.
[16 June 2009; 9 June 2011; 13 June 2013; 14 May
2020]
Chapter
13.1
Judicial Council
[3 June 2010]
Section 89.1 Judicial
Council
The Judicial Council is a collegial authority which
participates in the development of the policies and strategies
for the judicial system, and also the improvement of the
organisation of the work of the judicial system.
Section 89.2 Composition
of the Judicial Council
(1) The composition of the Judicial Council shall include the
following permanent members:
1) the President of the Supreme Court;
2) the President of the Constitutional Court;
3) the Minister for Justice;
4) the Chairperson of the Judicial Committee of the
Saeima;
5) the Prosecutor General;
6) the Chairperson of the Latvian Council of Sworn
Advocates;
7) the Chairperson of the Latvian Council of Sworn
Notaries;
8) the Chairperson of the Latvian Council of Sworn
Bailiffs.
(2) The composition of the Judicial Council shall include the
following elected members:
1) a judge elected by the Plenary Session of the Supreme
Court;
2) six judges elected by the Judges' Conference.
(3) The Judges' Conference shall elect four members of the
Judicial Council from among the judges of district (city) courts,
and two from among the judges of regional courts.
(4) The Ombudsman and the Director of the Court Administration
or an authorised representatives thereof, a representative
delegated by experts in jurisprudence approved by the Latvian
Academy of Sciences, and also representatives from judge
associations may participate in the work of the Judicial Council
in an advisory capacity.
(5) The permanent member (official) referred to in Paragraph
one of this Section may authorise another person for the
participation in a meeting of the Judicial Council.
[25 October 2018 / The new wording of Paragraph
three shall come into force on 1 June 2019. See Paragraph
95 of Transitional Provisions]
Section 89.3 Term of
Office of the Members of the Judicial Council
(1) The term of office of an elected member of the Judicial
Council shall be four years. A member of the Judicial Council may
be re-elected, but for not more than two consecutive times.
(2) If the powers of an elected member of the Judicial Council
for some reason expire before the end of the term of office,
another member of the Judicial Council shall be elected at the
next meeting of the Judges' Conference for the term of office
specified in Paragraph one of this Section.
Section 89.4 Restriction
for the Elected Members of the Judicial Council
The status of an elected member of the Judicial Council may
not be combined with the fulfilment of the duties of a member of
the Judicial Disciplinary Committee, a member of the Disciplinary
Court, a member of the Judicial Qualification Committee or a
member of the Judicial Ethics Commission.
Section 89.5 Suspension
and Recusal of a Member of the Judicial Council
(1) The Judicial Council shall suspend an elected member of
the Judicial Council from the fulfilment of the duties of a
member of the Judicial Council, if the Minister for Justice or
the President of the Supreme Court has suspended the relevant
judge from the fulfilment of the duties of the office of a judge
in accordance with Section 84 of this Law.
(2) If a member of the Judicial Council considers that there
are circumstances which could give rise to justifiable doubt as
to his or her impartiality in deciding any matter, he or she
shall recuse themselves from participation in the deciding of the
relevant matter.
(3) When the matter of submitting the application of the
Judicial Council on the initiation of a case to the
Constitutional Court is being decided, the President of the
Constitutional Court shall not participate in the deciding of
this matter.
Section 89.6 Expiry of
the Powers of a Member of the Judicial Council
(1) The powers of an elected member of the Judicial Council
shall expire if:
1) his or her term of office as a member of the Judicial
Council is terminated;
2) his or her powers as a judge have terminated;
3) he or she renounces the fulfilment of the duties of a
member of the Judicial Council, notifying the Chair of the
Judicial Council thereof in writing.
(2) The powers of a permanent member (official) of the
Judicial Council shall expire if his or her official powers have
expired.
(3) If a judge who has been elected to the composition of the
Judicial Council is transferred to a court of a different level,
he or she shall retain the powers as a member of the Judicial
Council until the next Judges' Conference, at which another
representative from the court of the corresponding level is
elected.
Section 89.7 Chair of the
Judicial Council
(1) The President of the Supreme Court is the Chair of the
Judicial Council.
(2) The Chair of the Judicial Council shall:
1) lead the work of the Judicial Council;
2) convene meetings of the Judicial Council and determine
their agenda;
3) represent the Judicial Council and sign decisions and other
documents of the Judicial Council.
Section 89.8 Deputy Chair
of the Judicial Council
(1) The Judicial Council shall elect a Deputy Chair of the
Judicial Council from among the judges represented therein.
(2) The Deputy Chair of the Judicial Council shall fulfil the
duties of the Chair of the Judicial Council in the absence
thereof, and also fulfil other duties determined by the Chair of
the Judicial Council.
Section 89.9 Convening of
Meetings and Taking of Decisions of the Judicial Council
(1) The meetings of the Judicial Council shall be convened and
led by its Chair.
(2) The Chair shall convene a meeting of the Judicial Council
upon his or her own initiative or if requested by not less than
one third of the members of the Judicial Council.
(3) The time and agenda of a meeting of the Judicial Council
shall be notified to the members of the Council not later than
three days before the meeting.
(4) The Judicial Council is entitled to take decisions, if at
least two-thirds of the members of the Judicial Council
participate in the meeting.
(5) Decisions of the Judicial Council shall be taken by
voting. In the case of a tied vote, the vote of the Chair of the
Judicial Council shall be the deciding vote.
(6) Meetings of the Judicial Council shall be open, unless the
Judicial Council has decided otherwise.
(7) The Judicial Council shall develop and approve the
regulations for the determining of its operational
procedures.
Section 89.10 Ensuring
the Work of the Judicial Council
The work of the Judicial Council shall be ensured by the
secretariat of the Judicial Council which is a division of the
Supreme Court.
[18 January 2018]
Section 89.11 Functions
of the Judicial Council
(1) The Judicial Council shall provide an opinion on the
territories of operation of courts and courthouses and their
location, and also on the budget requests of courts.
(2) After appointment or approval to the office of a judge,
the Judicial Council shall specify a court or courthouse having
the respective place for the fulfilment of the duties of a judge
within the territory of operation of the court, and also decide
on the transfer of a judge in the cases provided for in this
Law.
(3) The Judicial Council shall hear the candidates for the
office of a judge of the Constitutional Court and provide an
opinion on them to the Saeima.
(4) The Judicial Council shall hear the candidates for the
office of the President of the Supreme Court and provide an
opinion on them to the Plenary Session of the Supreme Court.
(41) The Judicial Council shall evaluate the
candidates for the office of the Prosecutor General, select the
most appropriate one, and nominate him or her to the
Saeima for appointing to the office of the Prosecutor
General.
(5) The Judicial Council shall approve the regulation of the
Judges' Conference, and also convene the Judges' Conference,
determining the matters to be examined therein.
(6) The Judicial Council shall approve the basic principles
for the specialisation of judges and the procedure for the
determination of the case workload indicators, and also develop
guidelines in the other matters of the court work
organisation.
(7) The Judicial Council shall hear the annual report of the
Court Administration on the work results.
(8) In the cases and in accordance with the procedures laid
down by the Constitutional Court Law, the Judicial Council may
submit an application for the initiation of a case to the
Constitutional Court.
(9) The Judicial Council shall determine the content of and
procedures for the inspection of the professional knowledge of a
judge, and also approve the sample documents necessary for the
inspection of the professional knowledge of a judge.
(91) [9 June 2011]
(92) Upon a proposal of the President of the
Supreme Court or the Minister for Justice, the Judicial Council
shall approve the content of the training programmes of judges
and court employees.
(10) The Judicial Council shall perform other functions
specified in law.
(11) Upon a proposal of the Minister for Justice, the Judicial
Council shall decide on the transfer of a vacant office of a
judge within the territory of operation of the court.
[16 December 2010; 9 June 2011; 21 July 2011; 18 January
2018; 25 October 2018; 27 February 2020]
Section 89.12 Appeal of a
Decision of the Judicial Council
(1) A judge to whom the decision of the Judicial Council on
the establishment, amendment, or termination of legal relations
is addressed may appeal it to the Disciplinary Court.
(2) The provisions of the Judicial Disciplinary Liability Law
in relation to the preparation and examination of the complaints
regarding decisions of the Judicial Disciplinary Committee shall
also be applicable to the preparation and examination of
complaints regarding decisions of the Judicial Council, insofar
as this Law does not provide otherwise.
(3) When examining a complaint regarding a decision of the
Judicial Council, the Disciplinary Court may:
1) leave the decision of the Judicial Council unamended and
reject the complaint;
2) revoke the decision of the Judicial Council, and send files
for re-examination to the Judicial Council;
3) terminate the case, if the term for the submission of a
complaint has been missed or the complaint has been
withdrawn.
(4) Decisions of the Disciplinary Court enter into effect at
the time of their notification and may not be appealed.
[18 January 2018]
Chapter
14
Disciplinary Liability of Judges
Section 90. Disciplinary Liability
of Judges
The grounds and procedures for holding a judge disciplinary
liable shall be determined by a special law.
[15 October 1998]
Section 91. Procedures by which a
Judge shall be Held Disciplinary Liable
[15 October 1998]
Chapter
14.1
Judicial Ethics Commission
[3 April 2008]
Section 91.1 Judicial
Ethics Commission
Judicial Ethics Commission is a collegial judicial
self-government authority the main objective of which is to
provide opinions on the interpretation and violations of ethical
rules, and also to explain rules of judicial ethics.
Section 91.2 Functions of
the Judicial Ethics Commission
The Judicial Ethics Commission shall have the following
functions:
1) upon a request of the person who has the right to initiate
a disciplinary case, and also upon request of Judicial
Disciplinary Committee or the Disciplinary Court, to provide
opinions on the interpretation and violations of ethical
rules;
2) upon its initiative or request of a judge, to explain and
analyse the rules of the Code of Judicial Ethics, and also to
consult judges on the ethics issues;
3) to compile and prepare for publishing findings and
explanations of the interpretation and application of the ethical
rules;
4) to discuss violations of the ethical rules;
5) to develop the rules of the Code of Judicial Ethics and
submit them for confirmation to the Judges' Conference;
6) to decide on the initiation of a disciplinary case.
[3 June 2010]
Section 91.3 Composition
of the Judicial Ethics Commission
(1) The Judicial Ethics Commission shall consist of ten
members which are elected by the Judges' Conference by a secret
ballot.
(2) The Judges' Conference shall elect five members of the
Judicial Ethics Commission from among the candidates nominated by
the judges of district (city) courts, three - from among the
candidates nominated by the judges of the regional courts, and
two - from among the candidates nominated by the Supreme
Court.
(3) A judge, judge emeritus or a person whose powers of the
judge have expired upon reaching the maximum age for holding the
office specified in the Law may be nominated as a member of the
Judicial Ethics Commission and elected in this Commission. A
candidate for a member of the Judicial Ethics Commission must
have an impeccable reputation and understanding of the role of
ethics in the work of a judge and legal ethics matters.
(4) The term of office of a member of the Judicial Ethics
Commission shall be four years. A member of the Judicial Ethics
Commission may be re-elected, but not more than two consecutive
times.
(5) The status of a member of the Judicial Ethics Commission
may not be combined with the fulfilment of duties of a member of
the Judicial Disciplinary Committee, a member of the Disciplinary
Court, a member of the Judicial Qualification Committee, or a
member of the Judicial Council.
[3 June 2010; 13 June 2013; 25 October 2018 / The
new wording of Paragraph two shall come into force on 1 June
2019. See Paragraph 95 of Transitional Provisions]
Section 91.4 Operation of
the Judicial Ethics Commission
(1) The Judicial Ethics Commission shall work in accordance
with the rules of procedures. The rules of procedure shall be
approved by the Judicial Council.
(2) The first meeting of the Judicial Ethics Commission shall
be convened by the President of the Supreme Court not later than
within a month after the day of election of the Commission.
(3) At least six members of the Judicial Ethics Commission
must participate in the meeting of the Judicial Ethics
Commission.
(4) The Judicial Ethics Commission shall provide a report to
the Judges' Conference on its work once a year.
(5) The Judicial Ethics Commission may invite a judge of
Constitutional Court, a representative of the professions
belonging to judicial power, ethics specialist or recognised
legal expert to participate in its meeting in an advisory
capacity.
(6) The Court Administration shall ensure the work of the
Judicial Ethics Commission.
[9 June 2011]
Chapter
15
Judges' Conference. Judicial Qualification Committee. Assessment
of the Professional Activities of a Judge
[9 June 2011 / The new wording
of the name of the Chapter shall come into force on 1 January
2013. See Paragraph 44 of the Transitional Provisions]
Section 92. Judges' Conference
(1) The Judges' Conference is a judicial self-government
authority in the work of which judges of the Supreme Court,
regional courts, and district (city) courts participate with
voting rights.
(2) The Judges' Conference shall:
1) examine current issues of court practice;
2) submit to the President of the Supreme Court submissions on
issues of legal norm interpretation which should be discussed in
the Plenary Session of the Supreme Court;
3) discuss issues of financial and social security, and other
significant issues concerning the work of judges;
31) shall, by secret ballot elect the members of
the Judicial Council for four years;
4) by secret ballot, elect the Judicial Qualification
Committee for four years;
5) by secret ballot, elect the Judicial Disciplinary Committee
for four years;
6) by secret ballot, elect the Judicial Ethics Commission for
four years;
7) approve the rules of the Code of Judicial Ethics.
(3) [1 June 2019]
[29 January 1997; 15 October 1998; 31 October 2002; 22
September 2005; 3 April 2008; 3 June 2010; 9 June 2011; 25
October 2018 / Amendments to the Section shall come into
force on 1 June 2019. See Paragraph 95 of Transitional
Provisions]
Section 93. Judicial Qualification
Committee
(1) The Judicial Qualification Committee is a judicial
self-government authority which assesses the professional
activities of judges.
(2) The Judicial Qualification Committee shall be composed of
one judge from the Department of Administrative Cases of the
Supreme Court, one judge from the Department of Civil Cases of
the Supreme Court, one judge from the Department of Criminal
Cases of the Supreme Court, one judge from the Judicial Panel of
Civil Cases of a regional court, one judge from the Judicial
Panel of Criminal Cases of a regional court, one judge from the
Regional Administrative Court and three judges from district
(city) courts. The Judges' Conference shall, by secret ballot,
elect the Judicial Qualification Committee. A judge whose
knowledge and experience are highly valued by specialists in the
judicial sector and judges may be nominated and elected as a
member of the Judicial Qualification Committee.
(21) The status of a member of the Judicial
Qualification Committee may not be combined with the fulfilment
of the duties of a member of the Judicial Council, a member of
the Judicial Disciplinary Committee, a member of the Disciplinary
Court or a member of the Judicial Ethics Commission.
(3) The Chairperson of the Judicial Committee of the
Saeima, the Minister for Justice, the Prosecutor General,
the President of the Supreme Court or persons authorised thereby,
a representative delegated by experts in jurisprudence approved
by the Latvian Academy of Sciences, and also representatives from
judge associations may participate in meetings of the Judicial
Qualification Committee in an advisory capacity.
(4) The Judicial Qualification Committee shall elect the
Chairperson and the Deputy Chairperson of the Judicial
Qualification Committee from among its members.
(5) The Judicial Qualification Committee has a quorum, if at
least seven members of the Judicial Qualification Committee
participate in its meeting.
(6) The operation of the Judicial Qualification Committee
shall be ensured by the Court Administration.
[15 October 1998; 22 September 2005; 3 June 2010; 9 June
2011; 13 June 2013; 25 October 2018 / Amendment to
Paragraph two regarding substitution of the words "two judges
from district (city) courts, and one judge from Land Registry
Office" with the words "three judges from district (city) courts"
shall come into force on 1 June 2019. See Paragraph 95 of
Transitional Provisions]
Section 93.1 Appeal of an
Opinion of the Judicial Qualification Committee
(1) A judge may appeal an opinion of the Judicial
Qualification Committee to the Disciplinary Court.
(2) The regulations of the Judicial Disciplinary Liability Law
in relation to the preparation and examination of a complaint
regarding a decision of the Judicial Qualification Committee
shall also be applicable to the preparation and examination of an
opinion of the Judicial Qualification Committee, insofar as this
Law does not provide otherwise.
(3) When examining a complaint regarding an opinion of the
Judicial Qualification Committee, the Disciplinary Court may:
1) leave the opinion of the Judicial Qualification Committee
unamended and reject the complaint;
2) revoke the opinion of the Judicial Qualification Committee
and send the files for re-examination to the Judicial
Qualification Committee.
[9 June 2011]
Section 93.2 Availability
of Assessment Materials and Opinions
(1) The opinions and assessment materials of the Judicial
Qualification Committee is restricted access information.
(2) The opinions and assessment materials of the Judicial
Qualification Committee shall be available to State authorities,
if they need them for the performance of their functions. The
recipient of the information shall ensure these opinions and
materials the protection provided for by law.
[9 June 2011]
Section 94. Powers and Operation of
the Judicial Qualification Committee
(1) [14 May 2020]
(11) The Judicial Qualification Committee shall
assess the professional preparedness of a candidate for the
office of a judge of the Supreme Court by conducting the
qualification examination.
(2) The Judicial Qualification Committee shall, based on an
application for the transfer of a judge to work in another court
or its courthouse and the documents appended thereto, assess the
professional activities of the judge and, if necessary, also the
professional preparedness of the judge for the vacant office of a
judge, and provide an opinion in the cases specified in this Law
on the nominations of a judge for district (city) courts or
regional courts.
(21) The Judicial Qualification Board shall, upon
receipt of a proposal of the President of a district (city)
court, a regional court, or the Supreme Court, decide on
extraordinary assessment of the professional activities of a
judge.
(3) [9 June 2011]
(4) The Judicial Qualification Committee shall operate in
accordance with the rules of procedure. The rules of procedure
shall be approved by the Judicial Council.
[3 April 2008; 3 June 2010; 9 June 2011; 18 January 2018;
25 October 2018; 14 May 2020]
Section 94.1 Objective
and Frequency of the Assessment of the Professional Activities of
a Judge
(1) The objective of the assessment of the professional
activities of a judge is to promote the continuous professional
growth of a judge throughout his or her career, thereby improving
the quality of the work of the judge and the court.
(2) The Judicial Qualification Committee shall make the
regular assessment of the professional activities of a judge once
every five years following the approval of the judge for the
office with an unlimited term of office.
(3) The Judicial Qualification Committee shall also make the
regular assessment of the professional activities of a judge
before the re-nomination of a district (city) court judge as a
candidate for the re-appointment or re-approval to office with an
unlimited term of office.
[9 June 2011 / Section shall come into force on 1 January
2013. See Paragraph 45 of the Transitional Provisions]
Section 94.2 Assessment
of the Professional Activities of a Judge
(1) When assessing the professional activities of a judge, the
Judicial Qualification Committee shall analyse the following
professional activities of a judge and their results:
1) the structure of the prepared rulings, the legal reasoning
provided therein, the application of material and procedural
norms, and also the use of ancillary legal sources;
2) the management of the court procedure;
3) the organisation of work for ensuring the examination of
court cases;
4) the compliance with the regulations regarding the
organisation of work and the orders of the President;
5) the participation in measures for improving qualification
(including the acquisition of a master's degree or doctoral
degree), and also the teaching and scientific activities;
6) public activities (participation in judicial
self-government authorities, in the development and improvement
of draft laws and regulations, the provision of opinions on legal
matters to the Saeima, the Constitutional Court and other
institutions);
7) statistical data on the work of the judge.
(2) Based on the analysis of the professional activities of a
judge, the Judicial Qualification Committee shall provide an
assessment of the following professional skills of a judge:
1) acquisition and analysis of information in order to make
justified conclusions;
2) taking of decisions by evaluating information and using
different approaches in resolving a problem;
3) explanation of their opinion and arguing of its
correctness;
4) analysis of their actions and hearing of criticism;
5) ability to compromise in problem situations;
6) ability to maintain emotional equilibrium in stressful
situations.
[9 June 2011 / Section shall come into force on 1 January
2013. See Paragraph 45 of the Transitional Provisions]
Section 94.3 Procedures
for the Assessment of the Professional Activities of a Judge
(1) For the assessment of the professional activities of a
judge of a district (city) court or, regional court, the
President of the relevant court, and the President of a higher
instance court shall provide feedback on the work of the judge,
including information on the quality of the rulings given
thereby, the quality of the management of the court procedures,
the improvement of the professional and academic qualification
and other professional activities.
(2) The President of the Supreme Court shall provide the
feedback provided for in Paragraph one of this Section on the
work of a judge of the Supreme Court.
(3) The Court Administration shall compile and submit to the
Judicial Qualification Committee the feedback provided by the
President of a court and the President of a higher instance court
on the work of a judge of a district (city) court or a regional
court.
(4) The Administration of the Supreme Court shall compile and
submit to the Judicial Qualification Committee the feedback on
the work of a judge of the Supreme Court.
(5) A judge shall submit a self-appraisal of his or her own
professional activities to the Judicial Qualification
Committee.
(6) If the received feedback does not provide sufficient
information, prior to the assessment of the professional
activities of a judge, the Judicial Qualification Committee may
request the Court Administration to compile the feedback of the
judges and court employees of the relevant court on the work of
the judge, and also survey other participants in the
procedure.
(7) The Chairperson of the Judicial Qualification Committee
may order any member of the Committee to selectively become
acquainted with the rulings given and procedures managed by a
judge (with recordings of the procedures).
(8) The professional activities of a judge shall be assessed
at a meeting of the Judicial Qualification Committee, with the
participation of the judge whose professional activities are
being assessed. If the judge fails to appear at the meeting
without a justified reason, professional activities of this judge
may be assessed in his or her absence.
(9) Prior to the meeting the Judicial Qualification Committee
shall become acquainted with the materials submitted regarding
the work of the judge and with the judge's self-appraisal of the
professional activities. The Court Administration and the
Administration of the Supreme Court shall acquaint the judge
whose professional activities are being assessed with the
relevant materials in a timely manner before the meeting the
Judicial Qualification Committee.
(10) The Judicial Qualification Committee shall provide a
favourable or unfavourable opinion on the professional activity
of a judge.
[9 June 2011; 25 October 2018 / Amendment to
Paragraphs one and three regarding deletion of the words "and a
Land Registry Office" shall come into force on 1 June 2019.
See Paragraph 95 of Transitional Provisions]
Section 94.4
Re-assessment of the Professional Activities of a Judge
(1) If a judge has received an unfavourable opinion in the
assessment of the professional activities or the extraordinary
assessment of the professional activities, when the extraordinary
assessment has been made based on a decision of the Judicial
Disciplinary Committee, a proposal of the President of a district
(city) court, a regional court, or the Supreme Court, the
re-assessment of the professional activities of the judge shall
be made within the time period specified by the Judicial
Qualification Committee, however, not later than within two years
from the previous assessment, with the participation of the judge
whose professional activities are being re-assessed. If the judge
fails to appear at the meeting without a justified reason,
professional activities of this judge may be assessed in his or
her absence.
(2) If a judge has received an unfavourable opinion in the
re-assessment of his or her professional activities, he or she
shall be dismissed from office.
[9 June 2011; 6 September 2018; 14 May 2020]
Section 94.5
Extraordinary Assessment of the Professional Activities of a
Judge
(1) The extraordinary assessment of the professional
activities of a judge shall be made in the cases specified in
this Law, when deciding on the transfer or substitution of the
judge, and based on the decision of Judicial Disciplinary
Committee in accordance with the Judicial Disciplinary Liability
Law.
(11) The Judicial Qualification Board shall decide
on the extraordinary assessment of the professional activities of
a judge if, in accordance with the procedures laid down in this
Law, a proposal of the President of a district (city) court, a
regional court, or the Supreme Court has been received.
(2) When making the extraordinary assessment of the
professional activities of a judge, the Judicial Qualification
Committee shall inspect the professional knowledge of the
judge.
(3) When making the extraordinary assessment of the
professional activities of a judge, in addition to the inspection
of the professional knowledge of the judge, the Judicial
Qualification Committee shall also make the regular assessment of
the professional activity of the judge, if more than three years
have passed since the last assessment.
(4) When making the extraordinary assessment of the
professional activities of a judge, the judge whose professional
activities are being assessed shall participate in the meeting of
the Judicial Qualification Committee.
(5) When making the extraordinary assessment of the
professional activities of a judge, the Judicial Qualification
Committee shall provide a favourable or unfavourable opinion.
[9 June 2011; 6 September 2018; 14 May 2020]
Section 95. Judicial Qualification
Committee of District (City) Courts
[15 October 1998]
Section 95.1 Judicial
Qualification Committee of Land Registry Offices
[15 October 1998]
Section 96. Judicial Qualification
Committee of Regional Courts
[15 October 1998]
Section 97. Judicial Qualification
Committee of the Supreme Court
[15 October 1998]
Section 98. Qualification Classes of
Judges
[9 June 2011 / See Paragraph 47 of the Transitional
Provisions]
Chapter
15.1
Land Registry Offices and Judges of Land
Registry Offices
[21 July 2011]
Section 98.1 Status of
Land Registry Offices
[21 July 2011]
Section 98.2 Composition
of a Land Registry Office
[21 July 2011]
Section 98.3 Substitution
of a Judge of a Land Registry Office
[21 July 2011]
Part III
A
Officials of the Court and Persons and Institutions Belonging to
the Judicial System
[29 January 1997; 14 October
1998]
Chapter
16
Court Employees
[19 June 2003]
Section 99. Assistant to a Judge
(1) An assistant to a judge shall receive visitors and their
submissions, take measures in connection with the preparation of
cases for examination at a court hearing, and also perform other
tasks assigned by the judge.
(2) [15 October 1998]
[15 October 1998]
Section 100. Court Consultant
(1) A court consultant shall generalise and analyse court
practice and statistics, and also perform other methodological
work.
(2) [15 October 1998]
[15 October 1998]
Section 101. Head of the
Chancellery
(1) The head of the chancellery shall manage and organise the
work of the court chancellery.
(2) Court recorders and other employees of the court
chancellery shall work under the management of the head of the
chancellery.
[18 January 2018]
Section 102. Court Recorder
A court recorder shall participate in court hearings in all
cases when, according to law, the minutes of a court hearing must
be recorded.
Section 103. Process Server
A process server shall deliver court summonses, indictments
and other documents to the addressees thereof.
Section 104. Court Interpreter
In the cases specified in law, a court interpreter shall take
part in court hearings, and also translate court documents.
Section 105. Court Administrator
A court administrator shall ensure the provision of the
material necessities of the court, the arrangement of suitable
premises and order in the court.
Section 105.1
Consultative Analytical Personnel
The Court President has the right in conformity with the
approved structure to hire specialists for an unlimited time or
in conformity with the possibilities of the budget - for a
specific time for the performance of a specific task, determining
the monthly salary in accordance with the laws and
regulations.
[19 June 2003; 3 June 2010]
Section 106. Employment Legal
Relations of Court Employees
(1) A court employee shall establish the employment legal
relations in accordance with the procedures laid down in the
Labour Law.
(2) The remuneration of a court employee shall be determined
in accordance with the Law on Remuneration of Officials and
Employees of State and Local Government Authorities.
[19 June 2003; 22 September 2005; 1 December 2009]
Chapter
16.1
Persons Belonging to the Judicial
System
[29 January 1997]
Section 106.1
Prosecutors
(1) Prosecutors are officials belonging to the judicial system
who participate in the examination of cases in a court and fulfil
other duties in accordance with law.
(2) The rights and duties of a prosecutor in a court are
determined by the laws on civil procedure, criminal procedure,
and administrative procedure.
(3) The Office of the Prosecutor Law determines the activities
of a prosecutor.
Section 106.2 Sworn
Advocates
(1) Sworn advocates are persons belonging to the judicial
system who provide legal assistance and fulfil other duties in
accordance with law. Sworn advocates are assigned to regional
courts.
(2) Sworn advocates participate in the examination of cases as
counsel or representative. Only members of the Latvian Collegium
of Sworn Advocates have the rights of a sworn advocate. The laws
on civil procedure, criminal procedure and administrative
procedure determine the rights and duties of a sworn advocate in
a court.
(3) An advocate of a foreign country may be a counsel or a
representative in the examination of a case only in the cases and
in accordance with the procedures specified by international
agreements.
(4) In the cases specified by law, an assistant to a sworn
advocate also has the rights and duties of an advocate.
(5) The Advocacy Law determines the activities of a sworn
advocate.
(6) Other persons who, on the basis of a power of attorney,
represent persons in court shall not have the rights and the
duties of a sworn advocate.
Section 106.3 Sworn
Notaries
(1) Sworn notaries are persons belonging to the judicial
system who are assigned to regional courts and fulfil their
duties as specified by law. In respect of official activities,
sworn notaries are considered equivalent to State officials.
(2) In the cases specified by law, an assistant to a sworn
notary and a sworn notary candidate also have the rights and
duties of a sworn notary.
(3) The Notariate Law determines the activities of a sworn
notary.
[31 October 2002]
Section 106.4 Sworn
Bailiffs
(1) Sworn bailiffs are persons belonging to the judicial
system who are assigned to regional courts and fulfil their
duties as specified by law. In respect of official activities,
sworn bailiffs are considered equivalent to State officials.
(2) In the cases specified in law, an assistant to a sworn
bailiff and a sworn bailiff candidate also have the rights and
duties of a sworn bailiff.
(3) The Law on Bailiffs determines the activities of a sworn
bailiff.
[31 October 2002]
Chapter
16.2
Institutions belonging to the Judicial
System
[22 September 2005]
Section 106.5
Institutions belonging to the Judicial System
[22 September 2005]
Section 106.6 Orphan's
and Custody Court
[22 September 2005]
Section 106.7 Parish
Court
[22 September 2005]
Section 106.8 General
Registry Department
[22 September 2005]
Part IV
Authorities and Persons Whose Activities are Associated with the
Exercise of Judicial Power
Chapter
17
Administration of Courts
[4 December 2003]
Section 107. Competence of the
Ministry of Justice
(1) The Ministry of Justice is the leading State
administration institution in the administration of courts and
shall perform the functions specified in this Law.
(2) The Ministry of Justice shall:
1) issue internal regulations regarding organisational
management issues of district (city) courts, regional courts;
2) request from district (city) courts, regional courts
information which it needs for the performance of the functions
laid down in laws and regulations;
3) handle organisational management of district (city) courts,
regional courts;
4) [13 June 2013];
5) perform inspections in district (city) courts, regional
courts.
[4 December 2003; 22 September 2005; 3 April
2008; 30 April 2009; 3 June 2010; 13 June 2013; 18 January 2018;
25 October 2018 / Amendments to Paragraph two regarding
deletion of the words "and a Land Registry Office" shall come
into force on 1 June 2019. See Paragraph 95 of
Transitional Provisions]
Section 107.1 Court
Administration
(1) The Court Administration is an institution of direct
administration subordinate to the Minister for Justice which
organises and ensures the administrative work of district (city)
courts, regional courts.
(2) The Court Administration shall:
1) [30 April 2009];
2) [13 June 2013];
3) deal with the personnel files of judges, courts;
4) ensure the work of the commission for the selection of
candidates for the office of a judge;
5) prepare documents and take measures connected with the
appointment of judges and their approval to the office, and also
their suspension, dismissal, and removal from the office;
51) issue or prepare (if the replacement of a judge
is to be determined in the case referred to in Section 74 of this
Law) orders on vacations, business trips and training of
judges;
6) prepare lists of offices of judges and approve the lists of
offices of court employees;
7) approve court employees job descriptions;
8) upon co-ordination with the President, hire and dismiss
court employees, issue orders on vacations, business trips and
training of employees;
9) plan and ensure training of judges, court employees;
10) request from courts the necessary data and from the
employees thereof - explanations;
11) ensure that a judge becomes acquainted with the files of a
disciplinary case, and also send the files of a disciplinary case
to the Judicial Disciplinary Committee;
12) impose disciplinary sanctions on court employees for the
established employment discipline violations;
13) fulfil the duties of the manager and holder of the State
unified computerised Land Registry and distribute the information
entered in the State information system of court
institutions;
14) compile statistical data from courts on their work,
analyse the compiled data and provide proposals for the changes
needed in statistical reports;
15) act with budget resources of courts;
16) plan income and expenditure resources of courts, and also
analyse economic indicators;
17) prepare draft budgetary request for the provision of work
of courts;
18) [13 June 2013];
19) ensure targeted and efficient use of State budget
resources;
20) provide materials and technical resources to courts;
21) in cooperation with valsts akciju sabiedrība "Tiesu
namu aģentūra" [State stock company the Courthouse Agency],
provide courts with working premises and the information and
communication technology infrastructure;
22) once a year, provide a report to the Judicial Council on
its work;
23) issue internal regulations regarding organisation of the
administrative and economic work of district (city) courts,
regional courts, and also carry out inspections;
24) ensure safety in the district (city) courts and regional
courts. The Cabinet shall determine the essential safety
requirements.
[22 September 2005; 30 April 2009; 3 June 2010; 21 July
2011; 13 June 2013; 26 September 2013; 18 January 2018; 25
October 2018; 14 May 2020]
Section 108. Functions of the
Minister for Justice in Relation to Issues concerning the
Organisational Management of the Courts
The Minister for Justice shall:
1) require explanations from judges;
2) order the Court Administration to perform an audit of
district (city) courts, regional courts, if necessary, by
involving the judges the Supreme Court and judges of regional
courts, after co-ordination with the President concerned;
3) initiate disciplinary cases against judges;
4) supervise the fulfilment of the duties of the Presidents of
regional courts and district (city) courts and their deputies,
and also Chairpersons of courthouses of regional courts and
district (city) courts, including may request an explanation on
issues which are related to the work management of a court,
courthouse.
[22 September 2005; 3 June 2010; 13 June 2013; 25 October
2018/Amendment regarding deletion of the words "heads of the Land
Registry Offices of district (city) courts and their deputies"
and "and/or a Land Registry Office" shall come into force on 1
June 2019. See Paragraph 95 of Transitional
Provisions]
Section 109. Bailiffs
[31 October 2002]
Section 110. Offices of Bailiffs
[31 October 2002]
Section 111. Rights of Bailiffs
[31 October 2002]
Section 112. Obligations and
Liability of Bailiffs
[31 October 2002]
Chapter
18
Authorities and Persons Associated with the Examination of Cases
in Courts
Section 113. Public Prosecutor
[29 January 1997]
Section 114. Advocate
[29 January 1997]
Section 115. Police
(1) Within the scope of their competence, the police shall
secure the activities of the courts.
(2) While fulfilling the tasks entrusted to it, the police
shall:
1) follow the instructions of the court regarding the conduct
of investigative activities of a court and search for
defendants;
2) guard and escort detained and arrested persons, and, upon a
request of a court, bring them to the court hearing where they
shall be guarded;
3) execute the decisions of a judge and a court concerning the
compulsory conveyance to court of persons who are avoiding the
appearance before the court after receipt of the summons;
4) execute other court rulings within the scope of their
competence.
(3) The police shall provide protection for judges and court
officials, their families, and also their property.
(4) [18 January 2018]
[18 January 2018]
Section 116. Experts
(1) For the purposes of executing decisions of a judge and a
court, experts shall conduct expert-examinations within the scope
of their competence.
(2) Experts shall have the rights and obligations specified in
law.
Part V
Financing of the Judicial System. Work Remuneration and Social
Guarantees of Judges
[16 December 2010]
Chapter
19
Financial Provision of the Judicial System
[16 December 2010]
Section 117. Financing of the
Judicial System
[16 December 2010]
Section 118. Material and Technical
Provision of Courts
[16 December 2010]
Chapter
20
Principles of the Work Remuneration of Judges
[16 December 2010]
Section 119. Work Remuneration of a
Judge
[16 December 2010]
Section 119.1 Monthly
Salary of a Judge
[16 December 2010]
Section 119.2 Monthly
Salary of a Deputy President, President, Chairperson of a Chamber
or Senate
[16 December 2010]
Section 120. Supplement for the
Qualification Category of a Judge
[16 December 2010]
Section 120.1 Monthly
Salary of a Judge, Head or Deputy Head of a Land Registry
Office
[16 December 2010]
Section 121. Awarding of Bonuses to
a Judge
[16 December 2010]
Section 121.1
Remuneration for the Acceptance of Measures of Operational
Activities
[16 December 2010]
Chapter
21
Work Remuneration of the Officials of a Court Agency
[16 December 2010]
Section 122. Salary of the Officials
of a Court Agency
[16 December 1993]
Chapter
22
Social Guarantees of Judges
[16 December 2010]
Section 123. Vacation of Judges
[16 December 2010]
Section 123.1 Vacation
without Keeping the Work Remuneration
[16 December 2010]
Section 124. Provision of
Residential Premises to Judges
[16 December 2010]
Section 125. Other Social Guarantees
of Judges
[16 December 2010]
Section 126. Service Pensions of
Judges
[16 December 2010]
Transitional
Provisions
[19 June 2003]
1. [16 December 2010]
2. [16 December 2010]
3. [16 December 2010]
4. [16 December 2010]
5. [16 December 2010]
6. [22 September 2005]
7. [16 December 2010]
8. The Ministry of Justice shall ensure the transfer of the
relevant functions to the Court Administration by 1 April
2004.
[4 December 2003]
9. Up to 1 February 2009, persons who meet the requirements of
Section 52, Paragraph one, Clauses 1, 2, 3, 4, and 6 of this Law
and whose total length of service in a legal speciality or a
civil servant position is at least three years may be approved as
judges of district administrative courts.
[4 December 2003; 2 November 2006]
10. Up to 1 February 2009, persons meet the requirements of
Section 52, Paragraph one, Clauses 1, 2, 3, 4, and 6 of this Law
and whose total length of service in the offices indicated in
Sections 53 and 54 or a civil servant position is at least five
years may be approved as judges of the Department of
Administrative Cases of the Senate of the Supreme Court and
Regional Administrative Courts.
[4 December 2003; 2 November 2006]
11. The lower qualification classes referred to in Section 98,
Paragraphs five and six of this Law shall be granted to those
judges of Supreme Court and regional court who have been approved
to the position until 1 February 2006, if they have not received
the qualification classes specified in Section 98, Paragraphs
five and six of this Law.
[22 September 2005]
12. Until 1 February 2006, the State Chancellery shall provide
the Supreme Court with the necessary additional work premises for
the execution of the functions specified in the Administrative
Procedure Law.
[4 December 2003]
13. The Cabinet shall develop and submit to the Saeima
a draft law on the service pensions of judges until 15 November
2005.
[22 September 2005]
14. The Cabinet shall issue the regulations provided for in
Section 28.6, Paragraph six and Section 29, Paragraph
two of this Law by 1 April 2006.
[22 September 2005]
15. Clauses 8 and 12 of Section 107.1, Paragraph
two of this Law shall come into force on 1 September 2007.
[22 September 2005]
16. After passing the attestation, the lower qualification
classes referred to in Section 98, Paragraphs five and six of
this Law shall be granted to the judges of the Department of
Administrative Cases of the Senate of the Supreme Court and
Regional Administrative Court who have been approved to the
office until 1 February 2011, if they have not received the
qualification classes referred to in Section 98, Paragraphs five
and six of this Law.
[2 November 2006; 3 April 2008]
17. [16 December 2010]
18. Candidates for the office of a judge the nomination of
which for appointment in the office of a judge has been commenced
before the amendment of Section 52, Paragraph one, Clause 5 of
this Law came into force, shall be appointed for the office of a
judge by 1 October 2008.
[3 April 2008]
19. Until the Cabinet Regulation referred to in Section 29,
Paragraph three of this Law comes into force, but not later than
until 1 January 2009, the Cabinet Regulation No. 1023 of 27
December 2005, Regulations Regarding the Territories of Regional
Administrative Court, District Administrative Court, the City of
Rīga, Rīga District and Sigulda Court, shall be applicable.
[3 April 2008]
20. [16 December 2010]
21. [1 December 2009]
22. [1 December 2009]
23. After 1 July 2009, the participation of a lay judge in the
trying of a criminal case shall be determined by Paragraph 25 of
the Transitional Provisions of the Criminal Procedure Law. While
fulfilling these duties, the judge shall receive work
remuneration. Work remuneration for the fulfilment of the duties
of a lay judge in a district (city) court shall be calculated by
taking into account the average monthly gross work remuneration
for the workforce in 2006 and applying the coefficient of 0.85.
Work remuneration for the fulfilment of the duties of a lay judge
in a regional court shall be calculated by taking into account
the average monthly gross remuneration for work for the workforce
in 2006.
[1 December 2009]
24. [16 December 2010]
25. Within the three-month period after entry into force of
Chapter 13.1 of this Law which provides for the
establishment of the Judicial Council, the Minister for Justice
and the President of the Supreme Court shall convene the Judges'
Conference for the election of the members of the Judicial
Council.
[3 June 2010]
26. Within a month after entry into force of Section
48.1 and Chapter 13.1 of this Law which
provides for the establishment of the Disciplinary Court and
Judicial Council, the President of the Supreme Court shall
convene the Plenary Session of the Supreme Court for the election
of the members of the Disciplinary Court and the Judicial
Council, and also for the approval of the President of the
Disciplinary Court.
[3 June 2010]
27. The first meeting of the Judicial Council shall be
convened by its Chairperson not later than within a month after
the election of all the members of the Judicial Council.
[3 June 2010]
28. Within the six months after its first meeting, the
Judicial Council shall approve the regulation of the Judges'
Conference. Until this regulation is approved, the regulation of
the Judges' Conference adopted at the Judges' Conference on 18
April 1997 shall be applicable.
[3 June 2010]
29. The Judicial Council may submit an application for the
initiation of a case to the Constitutional Court after the
respective amendments to the Constitutional Court Law have come
into force.
[3 June 2010]
30. Powers of the Judicial Council provided for in Section
73.1 of this Law to decide on the transfer of a judge
shall also apply to judges who have been appointed or approved to
the office as a judge with an unlimited term of office until the
day of entry into force of Section 73.1 of this
Law.
[3 June 2010]
31. The Disciplinary Court shall commence work after the
relevant amendments to the Judicial Disciplinary Liability Law
come into force.
[3 June 2010]
32. From 1 August 2010 to 1 January 2012, a judge of a
District Administrative Court with at least four years service in
the office of a judge may apply for the office of a judge of a
Regional Administrative Court.
[3 June 2010]
33. The requirements of Section 54, Paragraph four of this Law
do not apply to a person who has been approved as a judge of the
Supreme Court until the day of coming into force of this
Paragraph.
[3 June 2010]
34. Amendments to Section 63 of this Law changing the
conditions and procedures for the extension of the term of office
of a district (city) court, regional court and the Supreme Court
judge do not apply to a person whose term of office of a judge
has been extended until the day when these amendments come into
force.
[3 June 2010]
35. Chairpersons of a regional court committee who have been
appointed to office until the moment when the amendments to
Sections 41 and 42 of this Law changing the procedures for the
appointment of a Chairperson of a regional court committee come
into force shall continue to fulfil the duties until the Deputy
President of a regional court is appointed to office in
accordance with the procedures laid down in Section 41, Paragraph
two of this Law.
[3 June 2010]
36. The Deputy Presidents of district (city) courts and
regional courts who have been appointed to office until the
moment when the amendments to Sections 33.1 and 41 of
this Law changing the procedures for the appointment of the
Deputy President of a district (city) court or regional court
come into force shall continue to fulfil the duties of office
until the end of the term of office.
[3 June 2010]
37. Amendment to Section 50, Paragraph three of this Law which
provides for the participation of the Judicial Council in the
nomination of candidates for the office of the Prosecutor General
shall come into force concurrently with the corresponding
amendments to the Office of the Prosecutor Law.
[3 June 2010]
38. Judges shall receive a one-off compensation. It shall be
calculated as the net difference between the monthly salary which
would be paid to a judge in conformity with the third sentence of
Paragraph 20 of the Transitional Provisions of the law On
Judicial Power in the wording which would have been in force on 1
January 2011 and the monthly salary of a judge specified in
Section 6.1 of the Law on Remuneration of Officials
and Employees of State and Local Government Authorities. The
compensation shall not be subject to taxes.
[16 December 2010]
39. Until 1 October 2012, the Judicial Council shall convene a
Judges' Conference for the election of the Judicial Qualification
Committee in accordance with amendments to Section 93, Paragraph
two of this Law regarding the composition of the Judicial
Qualification Committee. Until 1 January 2013, the current
Judicial Qualification Committee shall continue its work.
[9 June 2011]
40. Until 1 July 2012, the Judicial Council shall determine
the content of and procedures for the inspection of the
professional knowledge of a judge provided for in Section
89.11, Paragraph nine of this Law, and also approve
the sample documents necessary for the inspection of the
professional knowledge of a judge.
[9 June 2011]
41. The Judicial Qualification Committee shall make the
regular assessment of the professional activity of judges of Land
Registry Offices, district (city) courts, regional courts and the
Supreme Court for the first time from 1 January 2013 to 1 January
2016. Upon a proposal of the Minister for Justice and the
President of the Supreme Court, the Judicial Council shall
approve the list of judges, in accordance with which the regular
assessment of the professional activity of a judge is made
afterwards.
[9 June 2011]
42. Amendments to Section 52 of this Law in respect of the
requirements to be determined for the education of candidates to
the office of a judge of a district (city) court shall come into
force on 1 January 2012.
[9 June 2011]
43. Persons who have acquired such higher legal education
which in legal terms can be equated to the Master's degree shall
also meet the requirements of Section 51, Paragraph one, Clause 3
of this Law.
[9 June 2011; 18 January 2018]
44. Amendments to Section 60, Paragraph two, Sentence one and
Paragraph three, Section 73.1, Paragraph one, Sentence
two and Paragraph two, Sentence two, Section 75, Paragraph two,
Sentence two and the title of Chapter 15 of this Law in respect
of the assessment of the professional activity of judges shall
come into force on 1 January 2013.
[9 June 2011]
45. Section 82, Paragraph one, Clause 5, Paragraphs
94.1, 94.2, 94.3,
94.4 and 94.5 of this Law shall come into
force on 1 January 2013.
[9 June 2011]
46. Amendments to Section 93, Paragraphs one and five, and
Section 94, Paragraph three of this Law shall come into force on
1 January 2013.
[9 June 2011]
47. Amendments to Section 98 of this Law shall come into force
concurrently with amendments to the Law on Remuneration of
Officials and Employees of State and Local Government
Institutions which determine the procedures by which remuneration
shall be granted to judges for the assessment of the professional
activity of judges.
[9 June 2011]
48. The amendment to Section 89.11 of this Law
which excludes Paragraph 9.1 of the same Section shall
come into force concurrently with the amendments to the Law on
Remuneration of Officials and Employees of State and Local
Government Institutions which exclude Paragraph 8.4 of
the Transitional Provisions.
[9 June 2011]
49. Judges of Land Registry Offices who have been appointed or
confirmed to office until the moment when the amendments
providing for the inclusion of Land Registry Offices in the
composition of the district (city) courts come into force shall
fulfil the duties provided for in Section 30, Paragraph
1.1 of this Law in the Land Registry Offices according
to their territories of operation.
[21 July 2011]
50. A judge who fulfils duties of office in a Land Registry
Office shall receive the robe and the insignia of office.
[21 July 2011]
51. Heads of Land Registry Offices and their deputies who have
been appointed to office until the moment when the amendments
providing for the inclusion of Land Registry Offices in the
composition of the district (city) courts come into force shall
continue to fulfil the respective duties until the expiry of
their term of office.
[21 July 2011]
52. The Cabinet shall issue the regulations provided for in
Section 29, Paragraph three of this Law in which the territories
of operation of district (city) courts, the relevant courthouses
and Land Registry Offices are determined until 1 January
2012.
[21 July 2011]
53. Land Registry Offices of district (city) courts shall
examine applications for the confirmation of statements of
auction after the relevant amendment to the Civil Procedure Law
has come into force.
[21 July 2011]
54. A judge of the Supreme Court whose term of office has been
extended after attaining the maximum age for holding the office
of a judge shall continue fulfilling the duties of a judge until
the end of the specified term.
[13 June 2013]
55. A judge of a district (city) court or a regional court
whose term of office has been extended after reaching the maximum
age for holding the office of a judge shall continue fulfilling
the duties of a judge until attaining the age of 70 years.
[13 June 2013]
56. Until 1 February 2014, the Presidents of regional courts
shall determine those district (city) courts in the territory of
operation of the respective regional court where an investigating
judge must be appointed. Investigating judges who are fulfilling
duties in those district (city) courts where an investigating
judge need no longer be appointed according to a decision of the
judge of the regional court, shall continue the fulfilment of
duties until 1 February 2014.
[13 June 2013]
57. In addition to the structure specified in Section 43 of
this Law, until 31 December 2014 the Supreme Court shall have a
Chamber of Criminal Cases of the Supreme Court and a Chamber of
Civil Cases of the Supreme Court, but from 1 January 2015 until
31 December 2016 - a Chamber of Civil Cases of the Supreme
Court.
[13 June 2013]
58. Until 1 May 2014, the Judicial Council, upon a proposal of
the President of the Supreme Court, shall determine the total
number of judges in the Department of Administrative Cases,
Department of Civil Cases, Department of Criminal Cases and the
Chamber of Civil Cases of the Supreme Court as of 1 January
2015.
[13 June 2013]
59. By 1 June 2014, the Judicial Council shall submit a
proposal to the Saeima for the determination of the total
number of judges in district (city) courts, regional courts, and
the Supreme Court as of 1 January 2015.
[13 June 2013]
60. As long as the structure of the Supreme Court includes the
Chamber of Criminal Cases, the composition of the Judicial
Qualification Committee may include a judge of this Chamber. As
long as the structure of the Supreme Court includes the Chamber
of Civil Cases, the composition of the Judicial Qualification
Committee may include a judge of this Chamber.
[13 June 2013]
61. Until 1 May 2016 the Judicial Council, upon a proposal of
the President of the Supreme Court, shall determine the total
number of judges in departments of the Supreme Court as of 1
January 2017.
[13 June 2013]
62. By 1 June 2016, the Judicial Council shall submit a
proposal to the Saeima for the determination of the total
number of judges in district (city) courts, regional courts and
the Supreme Court from 1 January 2017.
[13 June 2013]
63. Until the respective amendments are made to the Civil
Procedure Law, the regional court shall be the court of first
instance for those civil cases which fall within the jurisdiction
of the regional court in accordance with the law. In the hearings
of the court of first instance held at the regional court, civil
cases shall be examined by a judge sitting alone.
[13 June 2013]
64. Until the end of the term of operation of Chambers of the
Supreme Court, cases of a Chamber shall be examined collegially
in the composition of three judges.
[13 June 2013]
65. Until the end of the term of operation of Chambers of the
Supreme Court, the Chairpersons of Chambers shall be elected by
the Plenary Session of the Supreme Court, following the principle
of equal gender representation. The term of office for the
Chairpersons of Chambers shall be five years.
[13 June 2013]
66. Until the end of the term of operation of Chambers of the
Supreme Court, the President of the Supreme Court may order a
judge of the Chamber of the Supreme Court to substitute a judge
while there is a vacancy for a judge of a department of the
Supreme Court or in temporary absence of such judge.
[13 June 2013]
67. [30 April 2015]
68. Until the end of the term of operation of Chambers of the
Supreme Court, while there is a vacancy for a judge of the
Chamber or in his or her absence, the Judicial Council may, upon
a proposal of the President of the Supreme Court and after
receipt of a favourable opinion from the Judicial Qualification
Committee, temporarily - for not more than two years - order for
this judge to be substituted by a judge emeritus of the Supreme
Court or a judge of the regional court, if he or she has given a
written consent.
[13 June 2013]
69. [25 October 2018]
70. The Cabinet shall evaluate the impact of liquidating the
Chamber of Criminal Cases of the Supreme Court on criminal court
proceedings (the necessary amendments to laws and regulations,
financial, material and technical support for the reform, etc.)
and shall submit a report to the Saeima thereon until 1
March 2014.
[13 June 2013]
71. The Cabinet shall evaluate the impact of liquidating the
Chamber of Civil Cases of the Supreme Court on civil court
proceedings (the necessary amendments to laws and regulations,
financial, material and technical support for the reform, etc.)
and shall submit a report to the Saeima thereon until 1
March 2015.
[13 June 2013]
72. A judge who has been appointed or approved as the
President until 1 January 2014 and continues the fulfilment of
the duties of the President after 1 January 2014, after expiry of
such term of office may be repeatedly appointed or approved in
the office of the President for one term in succession.
[13 June 2013]
73. Amendments to Sections 30, 36, 37, 43, 44, 45, 46, 47, 48,
49.1, 50, 78, 79, 86.1, and 93 of this Law
applying to reorganisation of the Supreme Court shall come into
force on 1 January 2014.
[13 June 2013]
74. The Deputy President of the Supreme Court who in
accordance with Section 2, Paragraphs two and three of the
Judicial Disciplinary Liability Law is a member of the Judicial
Disciplinary Committee and fulfils the duties of the Chairperson
of the Judicial Disciplinary Committee, after entry into force of
amendments to Section 50 of this Law shall continue the
fulfilment of the duties of the Chairperson of the Judicial
Disciplinary Committee until the end of the term of office laid
down in Section 2, Paragraph two of the Judicial Disciplinary
Liability Law.
[26 September 2013]
74.1 Until the end of the term of operation of
Chambers of the Supreme Court, the Judicial Council shall, upon a
proposal of the President of the Supreme Court and based on a
favourable opinion of the Judicial Qualification Committee,
transfer a judge of the Chamber of Criminal Cases who has not
been transferred to the office of a judge of a department until
31 December 2014 or a judge of the Chamber of Civil Cases to the
department's vacant office of a judge. If several judges of a
Chamber of a court who have received a favourable opinion apply
for one vacant position, the Judicial Qualification Committee
shall nominate the most suitable candidate by taking a reasoned
decision.
[30 April 2015; 18 January 2018]
74.2 Upon the joint proposal of the President of
the Supreme Court and the Minister for Justice, the Judicial
Council shall appoint a judge of the Chamber of Criminal Cases of
the Supreme Court and a judge of the Chamber of Civil Cases of
the Supreme Court, who has not been transferred to the office of
a judge of a Chamber of the Supreme Court at the end of the term
of operation of the relevant Chamber, to fulfil the duties of a
judge in another appellate court. The judge shall receive the
monthly remuneration and service supplement that was determined
for him or her as the judge of a Chamber of the Supreme
Court.
[30 April 2015]
74.3 If in a department of the Supreme Court a
vacancy for a judge arises after the end of the term of operation
of the Chamber of Civil Cases and another judge from the
departments is not appointed to this office, the President of the
Supreme Court shall notify the judge who has been appointed to
fulfil the duties of a judge in another appellate court in
accordance with Paragraph 74.2 of these Transitional
Provisions of the vacant office. The abovementioned judge is
entitled to participate in the competition announced for the
vacant office.
[30 April 2015; 18 January 2018]
74.4 If, in the announced contest for the vacant
office of a judge of the Supreme Court, the judge of the Supreme
Court who has been appointed to fulfil the duties of a judge in
appellate court in accordance with Paragraph 74.2 of
these Transitional Provisions and another candidate for the
office of a judge have received equal score, the preference to be
appointed in the vacant office shall be given to the judge of the
Supreme Court. The abovementioned judge shall be appointed to the
office by the Judicial Council, upon a proposal of the President
of the Supreme Court.
[18 January 2018]
75. [30 April 2015]
76. Amendments to Section 29, Paragraph one, Clause 3 of this
Law that provide for the merging of the Riga City Central
District Court and Sigulda Court with other courts shall come
into force on 1 March 2015.
[30 October 2014]
77. Upon a proposal of the Minister for Justice, the Judicial
Council shall, until 1 February 2015, determine the number of
judges in district (city) courts as of 1 March 2015.
[30 October 2014]
78. The Judicial Council shall, upon a proposal of the
Minister for Justice, decide on the transfer of a judge of the
Riga City Central District Court or Sigulda Court to work for
another court when the Riga City Central District Court and
Sigulda Court is merged with another court. The Judicial Council
shall, until 1 December 2014, determine the procedures by which
the relevant proposal shall be drawn up and examined in a meeting
of the Judicial Council.
[30 October 2014]
79. Powers of the President of the Riga City Central District
Court and President of Sigulda Court shall expire on 28 February
2015.
[30 October 2014]
80. After transfer of a judge to work for another court, cases
which are in the court proceedings of the Riga City Central
District Court and the examination of which on the merits has
been commenced until 28 February 2015 shall be further examined
by the same judge.
[30 October 2014]
81. Cases which are in the court proceedings of the Riga City
Central District Court and the examination of which on the merits
has not been commenced until 28 February 2015 shall be
transferred to the Vidzeme Suburb Court of Riga City.
[30 October 2014]
82. The cases examined in the Riga City Central District Court
in which the appellate or cassation court has revoked the ruling
after 1 March 2015 shall be transferred for examination anew to
the Vidzeme Suburb Court of Riga City.
[30 October 2014]
83. If after 1 March 2015 a case that has been examined in the
Riga City Central District Court has decidable matters related to
the execution of the ruling, they shall be sent for deciding to
the Vidzeme Suburb Court of Riga City.
[30 October 2014]
84. After transfer of a judge to work for another court, cases
which are in the court proceedings of the Sigulda Court and the
examination of which on the merits has been commenced until 28
February 2015 shall be further examined by the same judge.
[30 October 2014]
85. Cases which are in the court proceedings of the Sigulda
Court and the examination of which on the merits has not been
commenced until 28 February 2015 shall be transferred to the Riga
District Court.
[30 October 2014]
86. The cases examined in the Sigulda Court in which the
appellate or cassation court has revoked the ruling after 1 March
2015 shall be transferred for examination anew to the Riga
District Court.
[30 October 2014]
87. If after 1 March 2015 a case that has been examined in the
Sigulda Court has decidable matters related to the execution of
the ruling, they shall be sent for deciding to the Riga District
Court.
[30 October 2014]
88. Amendments to Section 29 of this Law regarding the
establishment and determination of the territory of operation of
district (city) courts, and the amendment to Section 35,
Paragraph two regarding determination of the territory of
operation of regional courts shall come into force on 1 August
2015.
[18 June 2015]
89. Until the day of entry into force of the procedures
referred to in Section 54.1, Paragraph one and Section
54.2, Paragraph one of this Law, but not later than
until 1 July 2018, Cabinet Regulation No. 204 of 3 March 2009,
Procedures for the Selection, Apprenticeship and Taking of
Qualification Examination of a Candidate to the Office of a
Judge, shall be in force.
[18 January 2018]
90. The Cabinet shall, by 1 July 2018, issue the regulations
referred to in Section 107.1, Paragraph two, Clause 24
of this Law.
[18 January 2018]
91. The judge, who has been posted to work as a judge in
another court or institution in accordance with the procedures
laid down in Section 86.1 of this Law until the moment
when amendments to the relevant section which reduce the period
for which a judge may be posted to work in another court or
authority and exclude the possibility to post a judge to work as
a judge of another court come into force, shall continue to
fulfil his or her duties until the end of the period specified in
the order.
[18 January 2018]
92. Until the courts, their courthouses and Land Registry
Offices, and also their territories of operation and location are
determined in accordance with amendments to Section 29, Paragraph
three, Section 35, Paragraph two, and Section 35, Paragraph
three, sentence two of this Law, but not later than until 1 April
2018, Cabinet Regulation No. 412 of 28 July 2015, Regulations
Regarding District (City) Courts, and Regional Courts and their
Territories of Operation, shall be in force.
[18 January 2018]
93. The Judicial Council shall determine the place for the
fulfilment of the duties of a judge within the territory of
operation of the court until 1 April 2018.
[18 January 2018]
94. Section 33, Paragraph three, Clause 10 and Section 40,
Paragraph five of this Law shall come into force on 1 January
2020.
[6 September 2018]
95. Amendments regarding the deletion of the words "and a Land
Registry Office" (in the relevant number and case) from the Law,
except for Section 74, Section 92, Paragraph one, and Paragraphs
52 and 92 of the Transitional Provisions, the deletion of the
words "or a Land Registry Office" (in the relevant number and
case) from the Law, except for Sections 53, 74, and Section
107.1, Paragraph two, Clause 8, the rewording of
Section 2, Paragraph three, the deletion of Section 29, Paragraph
2.1, the supplementation of Section 30, Paragraph one
with the words "and examines the Land Register cases", the
deletion of Section 30, Paragraph 1.1 and the
supplementation of its Paragraph two with a new sentence,
deletion of Section 33, Paragraph three, Clause 8, deletion of
Section 33.3, the deletion of the words "or a judge a
the Land Registry Office" in Section 53, the rewording of Section
74, Section 89.2, Paragraph three, and Section
91.3, Paragraph two, the deletion of the words "and
judges of Land Registry Offices" in Section 92, Paragraph one,
the deletion of Section 92, Paragraph three, the replacement of
the words "two judges from district (city) courts, and one judge
from Land Registry Office" with the words "three judges from
district (city) courts" in Section 93, Paragraph two, the
deletion of the words "or the head of Land Registry Office" in
Section 107.1, Paragraph two, Clause 8, and the
deletion of the words "heads of the Land Registry Offices of
district (city) courts and their deputies" in Section 108, Clause
4 shall come into force on 1 June 2019.
[25 October 2018]
96. The Judicial Council shall decide on the transfer of
judges of Land Registry Offices to work in district (city)
courts. A separate opinion of the Judicial Qualification
Committee is not required to execute the transfer of judges.
[25 October 2018]
97. Judges of Land Registry Offices who in accordance with
Paragraph 96 of the Transitional Provisions of this Law have been
transferred to work in district (city) courts from 1 June 2019
shall complete examination of the cases which have been
transferred to them for examination until 31 May 2019.
[25 October 2018]
98. A case examined by a judge of a Land Registry Office in
which a higher instance court has revoked the decision of the
judge of the Land Registry Office shall be transferred for
examination anew to such district (city) court in the composition
of which the respective Land Registry Office had previously
been.
[25 October 2018]
99. The powers of the heads of Land Registry Offices and their
deputies shall expire on 31 May 2019.
[25 October 2018]
100. Until the relevant amendments are made to other laws and
regulations, the term used in this Law "district (city) court"
shall conform to the terms "Land Registry Office of a district
(city) court" or "Land Registry Office" used in other laws and
regulations, and the term "judge of a district (city) court" -
the term "judge of a Land Registry Office of a district (city)
court" or "judge of a Land Registry Office" used in other laws
and regulations.
[25 October 2018]
101. Amendment to Section 13 of this Law regarding the
deletion of Paragraph four shall come into force concurrently
with the Law on Administrative Liability.
[14 May 2020]
102. The Economic Court shall commence work on 31 March
2021.
[17 June 2020; 10 December 2020]
103. Without changing the total number of judges of district
(city) courts and regional courts, 10 positions of a judge shall
be transferred for the commencement of the operation of the
Economic Court and four positions of a judge - for Riga Regional
Court.
[17 June 2010]
104. The Court Administration shall ensure training the
candidates for the office of a judge of the Economic Court.
[17 June 2010]
105. For the claims arising from reinsurance contracts, the
claims arising from investment services or ancillary investment
services agreements, the claims of investors of European Union
Member States against the State of Latvia regarding the
protection of investments, the claims arising from legal
relationships of groups of companies, the claims arising from
mutual legal relationships of shareholders (stockholders) of a
capital company, the claims arising from financial collateral
arrangements, the claims arising from transactions of capital
companies with related persons within the meaning of the
Commercial Law and the Financial Instrument Market Law, the
claims arising from the transition of undertakings and the
reorganisation of a company, except for the claims of employees,
the claims arising from contractual obligations between
participants of a construction process, including with
sub-contractors, in relation to the construction of such
structure of the second and third groups for the implementation
of which a construction permit is required, except for the
construction of an individual single apartment or duplex
residential house and structures functionally linked thereto, the
claims regarding the violations of competition law, the claims
regarding decisions of the meeting of shareholders (stockholders)
of a capital company, the applications for the liquidation and
insolvency of credit institutions, and also the criminal cases
regarding criminal offences which are provided for in Section
73.1, Paragraph two, Section 79.2,
Paragraph two, Section 195, Section 198, Paragraph two, three, or
four, Section 199, Paragraph two, Section 320, Paragraph three or
four, Section 321, Paragraph two, three, or four, Section 322,
Paragraph two, Section 323, Paragraph two or three, Section
326.1, Paragraph two, Section 326.2,
Paragraph two, or Section 326.3, Paragraph two of the
Criminal Law, the jurisdiction until 30 March 2021 is determined
according to such provisions of jurisdiction which were in force
on 31 December 2020.
[10 December 2020]
Chairperson of the Supreme Council of the
Republic of Latvia A. Gorbunovs
Secretary of the Supreme Council of the
Republic of Latvia I. Daudišs
Riga, 15 December 1992
Law on Judicial Power of the
Republic of Latvia
Annex
The Territory
of Operation of Regional Courts of the Republic of Latvia
[1 October 1997]
Translation © 2021 Valsts valodas centrs (State
Language Centre)