The translation of this document is outdated.
Translation validity: 09.11.2021.–31.12.2022.
Amendments not included:
13.10.2022.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
30 October 2003 [shall come
into force on 1 January 2004];
2 September 2004 [shall come into force on 7 October
2004];
22 December 2005[shall come into force on 17 January
2006];
20 December 2007 [shall come into force on 23 January
2008];
27 January 2011 [shall come into force on 1 March
2011];
14 April 2011 [shall come into force on 1 June
2011];
17 January 2013 [shall come into force on 1 July
2013];
12 September 2013[shall come into force on 1 January
2014];
30 October 2014 [shall come into force on 1 January
2015];
26 November 2015 [shall come into force on 29 December
2015];
4 February 2016 [shall come into force on 29 February
2016];
12 April 2018 [shall come into force on 27 April
2018];
7 March 2019 [shall come into force on 4 April
2019];
14 October 2021 [shall come into force on 9 November
2021].
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.
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The Saeima 1 has adopted and
the President has proclaimed the following law:
Law on Bailiffs
Division I
General Provisions
Section 1. This Law regulates the professional and
corporate activity of sworn bailiffs.
Section 2. Sworn bailiffs shall enforce rulings of the
court and other institutions, as well as other activities
prescribed by law.
Section 3. Sworn bailiffs shall be independent in
performing their official activities and subject only to law.
Section 4. Sworn bailiffs are persons belonging to the
court system assigned to regional courts and perform the duties
prescribed by laws thereto.
Section 5. In respect of the official activities sworn
bailiffs shall be comparable to State officials.
Section 6. Sworn bailiffs shall be appointed to the
office for life and they may hold this office up to the age of
sixty-five years; the Minister for Justice may extend this time
period to seventy years of age upon a recommendation of the
Council of Latvian Sworn Bailiffs.
Section 7. The Cabinet shall determine the number of
sworn bailiffs and locations of offices thereof, districts and
borders thereof by a special list.
[22 December 2005]
Section 8. The Minister for Justice shall appoint sworn
bailiffs and maintain the lists of sworn bailiffs.
Section 9. (1) Orders of the Minister for Justice
regarding the dismissal, removal, and suspension of sworn
bailiffs shall be announced in the official gazette Latvijas
Vēstnesis.
(2) The Council of Latvian Sworn Bailiffs shall publish the
information regarding appointment or transfer of a sworn bailiff
on the website of the Council of Latvian Sworn Bailiffs within
three days after issue of the order regarding appointment or
transfer of a sworn bailiff.
(3) The Ministry of Justice shall send the information
regarding appointment, dismissal, removal and suspension of sworn
bailiffs to the Treasury.
[27 January 2011; 14 April 2011; 14 October 2021]
Section 10. (1) State and local government authorities,
the courts, prosecutors and investigation institutions shall
guarantee the independence of sworn bailiffs in performing the
official duties.
(2) Natural persons and legal persons, as well as officials
are prohibited from interfering with the professional activities
of sworn bailiffs, influence and apply pressure thereto.
[22 December 2005]
Section 11. A sworn bailiff shall use a seal with the
supplemented lesser State Coat of Arms and text which includes
the name of the office, given name and surname of the sworn
bailiff, the name of the regional court and the office
position.
Section 12. (1) Sworn bailiffs may be persons who:
1) are citizens of the Republic of Latvia;
2) have knowledge of the official language at the highest
level;
3) have reached the age of twenty-five years;
4) meet the following educational criteria:
a) a second level highest professional education in law and
the qualification of a lawyer has been acquired on the basis of
the acquisition of an accredited study programme at an
institution of higher education;
b) they have acquired a master's degree in law;
5) have acquired work experience working in one of the
following positions:
a) in the office of a judge, in the office of a sworn
advocate, in the office of a sworn notary, in the office of a
prosecutor, in the office of a sworn bailiff;
b) at least two years - in the office of assistant to a sworn
bailiff;
c) at least five years - in another office of legal speciality
after acquiring the qualification of a lawyer;
6) have passed a sworn bailiff examination.
(2) [22 December 2005]
[2 September 2004; 22 December 2005; 27 January 2011; 26
November 2015]
Section 13. Sworn bailiffs may not be persons who:
1) do not meet the requirements laid down in Section 12 of
this Law;
2) have been declared insolvent debtors by a court;
3) have been convicted for the commission of an intentional
criminal offence irrespective of whether the persons have been
released from serving the sentence due to limitation period,
clemency or amnesty;
4) have criminal proceedings against them regarding commitment
of an intentional criminal offence terminated for reasons other
than exoneration;
5) have been dismissed from office by a court judgement in a
criminal matter;
6) based on the decision in a disciplinary matter have been
dismissed from the office of a sworn bailiff or his or her
assistant, excluded from the number of sworn advocates or their
assistants or dismissed from the office of a sworn notary or his
or her assistant, dismissed from the office of a judge, dismissed
from the office of a prosecutor, while five years have not
elapsed from the coming into force of the decision taken in the
relevant disciplinary matter;
7) are under trusteeship;
8) act as a sworn advocate or his or her assistant or a sworn
notary or his or her assistant;
9) are suspects or persons prosecuted in a criminal
matter.
[22 Decembe 2005; 20 December 2007]
Section 14. Restrictions prescribed by law regarding
the combining of offices and duties of State officials shall
apply to sworn bailiffs.
Section 15. Sworn bailiffs have disciplinary, civil and
criminal liability for their activities in accordance with the
procedures prescribed by this Law.
Division II
Examination
Section 16. Persons who want to hold an office of a
sworn bailiff shall be examined by a special examination
commission appointed by the Minister for Justice by selecting
representatives from the Ministry of Justice, courts, academic
staff of higher education institutions and sworn bailiffs. The
chairperson of the commission shall be a representative of the
Ministry of Justice.
[22 December 2005]
Section 17. (1) The Council of Latvian Sworn Bailiffs
shall, on the basis of a decision of the Minister for Justice,
organise a sworn bailiff examination for persons who wish to hold
the office of a sworn bailiff.
(2) Persons who meet the requirements of Section 12, Clauses
1-5 of this Law and have paid the examination fee into the
account of the Council of Latvian Sworn Bailiffs shall be
admitted to the sworn bailiff examination.
(3) A person shall take a partial sworn bailiff examination by
solving one legal task in writing if he or she has been removed
from the office of a sworn bailiff in accordance with Section 90
of this Law and not more than two years have passed from the day
when the relevant person has been removed from the office of a
sworn bailiff and not more than five years have passed since the
day of passing a sworn bailiff examination or a regular
qualification examination of a sworn bailiff.
[22 December 2005; 27 January 2011]
Section 18. (1) The Minister for Justice upon a
proposal of the Council of Latvian Sworn Bailiffs shall determine
the composition of the examination commission and examination
questions.
(2) The examination commission upon an order of the Minister
for Justice shall also conduct a regular qualification
examination of sworn bailiffs (hereinafter - the qualification
examination) (Section 32.1) and extraordinary
qualification examination (Section 70).
(3) The procedures for a sworn bailiff examination, the
minimum amount of knowledge and an examination fee shall be
determined by the Cabinet.
[22 December 2005; 20 December 2007]
Section 19. (1) The examination commission shall
examine the knowledge of a person in laws necessary for the
professional activities of a sworn bailiff, preparation of
statements and record-keeping of a sworn bailiff.
(2) The examination shall be held in oral and written
form.
[22 December 2005]
Section 20. (1) The Minister for Justice shall take the
decision to organise the sworn bailiff examination and announce
the day of the examination in the official gazette Latvijas
Vēstnesis at least one month before the examination.
(2) Application regarding permission to take the examination
shall be submitted to the Minister for Justice at least 10 days
before the examination.
[2 September 2004; 22 December 2005; 14 October
2021]
Section 21. Evidence regarding citizenship, knowledge
of the official language, age, education, work experience and a
receipt form, which attests to the payment of the examination fee
shall be attached to the application. The examination fee is not
re-fundable.
[22 December 2005]
Section 22. The Council of Latvian Sworn Bailiffs shall
announce the place and time of the examination to persons who
have applied to take the sworn bailiff examination at least five
days prior to the examination.
[2 September 2004]
Section 23. (1) For persons who have passed the
examination a certificate shall be issued regarding passing the
examination.
(2) The term of validity of an application of the sworn
bailiff examination shall be three years. In calculating this
time period, the time period during which the person held an
office of an assistant sworn bailiff shall be deducted.
Section 23.1 Applicants for the office of a
sworn bailiff shall be persons who have passed a sworn bailiff
examination and the term of validity of the sworn bailiff
examination certificate of whom has not been expired. The
registration of such persons shall be performed by the Minister
for Justice.
[22 December 2005]
Division III
Admission and Inclusion to Sworn Bailiffs
Chapter One
Application of Applicants and Evaluation of Applicants
Section 24. (1) If a position of the office of a sworn
bailiff is vacant, the Minister for Justice shall notify the
Council of Latvian Sworn Bailiffs thereof.
(2) The Council of Latvian Sworn Bailiffs may, within a time
period of two weeks after the receipt of the notification
referred to in Paragraph one of this Section, submit to the
Minister for Justice a proposal regarding the transfer of some
sworn bailiff to the vacant office position. If such proposal has
not been submitted, the Minister for Justice shall send an
invitation to applicants to apply for this office position.
[22 December 2005]
Section 25. (1) An applicant shall submit to the
Council of Latvian Sworn Bailiffs an application and documents
certifying his or her conformity to the requirements of Section
12 of this Law, as well as the fact that there are none of the
obstacles referred to in Section 13, Clauses 2-9 of this Law for
the inclusion of the applicant in the number of sworn bailiffs.
The applicant who has obtained the status of a debtor in
accordance with the Maintenance Guarantee Fund Law may not apply
for a vacant office position of a sworn bailiff.
(2) The applicant shall present references of his or her
professional activity to the Council of Latvian Sworn Bailiffs,
as well as a valid sworn bailiff examination certificate.
(3) If an applicant whose occupation cannot be combined with
the duties of a sworn bailiff has applied to the vacant office
position of a sworn bailiff, he or she is permitted to take the
oath only after such applicant has completed the referred to
activities.
(4) If several applicants have applied for a vacant office
position, an advantage to be appointed in the office shall be
given to the applicant who has fulfilled duties of a sworn
bailiff or who right before applying for the vacant office
position has worked in the office of an assistant sworn bailiff
for at least two years without interruption. If several
applicants, who have an advantage to be appointed in the office,
have concurrently applied for the vacant office position, the
Council of Latvian Sworn Bailiffs shall assess which of them is
to be directed for appointment in the office in each particular
case.
[22 December 2005; 27 January 2011; 12 April 2018]
Section 26. A list of such persons who have submitted
documents necessary for inclusion in the number of sworn bailiffs
shall be placed in the premises of the Council of Latvian Sworn
Bailiffs.
[22 December 2005; 27 January 2011]
Section 27. The Council of Latvian Sworn Bailiffs shall
submit to the Minister for Justice documents regarding an
applicant to the office of a sworn bailiff and an opinion of the
Council of Latvian Sworn Bailiffs regarding his or her inclusion
in the number of sworn bailiffs.
Chapter Two
Appointment, Transfer and Substitution
Section 28. A sworn bailiff shall commence the
performance of the official duties within a time period of a
month from the day on which an order regarding his or her
appointment or transfer has been issued, if it is not otherwise
specified in the order of the Minister for Justice regarding the
appointment or transfer of a sworn bailiff.
Section 29. (1) A sworn bailiff shall be included in
the list of sworn bailiffs and may commence the performance of
the official duties only when he or she has insured the
professional activity risk (civil liability insurance) (Sections
33 and 35) and has given the following oath to the Chief Justice
of the Supreme Court:
"I swear to be loyal to the State of Latvia, to comply with
the State laws in good faith and to the best of my conscience and
belief, to treat the courts and official authorities with
respect, to comply with the instructions and orders of
supervisory authorities and officials thereof, to perform the
duties of a sworn bailiff honourably, to protect the legal
interests of persons, to protect the property and valuables
entrusted to me and not to disclose professional secrets
acknowledging that for my activities I am liable before the
law."
(2) Upon commencing the performance of official duties, a
sworn bailiff shall receive a sworn bailiff office certificate
and an insignia of office of a sworn bailiff approved by the
Minister for Justice. Type and procedures for the use of an
official identification document and an insignia of office of a
sworn bailiff shall be determined by the Cabinet.
[22 December 2005]
Section 30. A sworn bailiff shall be transferred to
another office position at his or her request if there is a
vacant office position of a sworn bailiff.
[22 December 2005]
Section 31. In commencing a practice (professional
activity), a sworn bailiff shall notify courts of the relevant
court district and the Minister for Justice of the address of the
location of his or her practice and shall also notify the State
Revenue Service and the Council of Latvian Sworn Bailiffs of the
address of the location of his or her practice and the legal form
of economic activity of his or her practice. Such notice shall
also be provided if the location of the practice or the legal
form of economic activity of a sworn bailiff is changed. The
Council of Latvian Sworn Bailiffs shall, within three days after
receipt of the abovementioned information, ensure the publishing
thereof on the website of the Council of Latvian Sworn
Bailiffs.
[27 January 2011; 17 January2013; 14 October 2021]
Section 32. (1) If the office position of a sworn
bailiff is vacant, the Minister for Justice in consultation with
the Council of Latvian Sworn Bailiffs shall appoint a sworn
bailiff who will perform the official duties of the absent sworn
bailiff. Substitution of a sworn bailiff during his or her
vacation shall be co-ordinated in accordance with the procedures
stipulated by the Council of Latvian Sworn Bailiffs.
(2) If, in accordance with the procedures specified in
Paragraph one of this Section, a sworn bailiff is appointed to
perform official duties in a vacant district or in another
district instead of the absent sworn bailiff, the sworn bailiff
shall ensure a separate conduct of record-keeping and accounting
of deposit amounts of such district.
(3) When terminating the performance of official duties in a
vacant district or in another district instead of the absent
sworn bailiff, a sworn bailiff shall transfer all files and books
present in the record-keeping of the district to the sworn
bailiff who has been appointed in the office in the vacant
district or who has been absent, as well as shall ensure takeover
of a deposit account in the jurisdiction of the district.
[27 January 2011; 12 April 2018 / The new wording of
Paragraph one shall come into force on 1 January 2019. See
Paragraph 38 of Transitional Provisions]
Chapter Three
Qualification Examination of Sworn Bailiff
[20 December 2007 / The norms of
this Chapter shall be applicable as of 1 July 2008. See the
Transitional Provisions]
Section 32.1 (1) A sworn bailiff shall, not
less than once in five years (counting from the day of
appointment for the office or the day of passing the previous
qualification examination), pass the qualification examination in
accordance with the procedures provided for in this Law.
(2) Based on a resoned application of a sworn bailiff, the
Minister for Justice may take a decision on the extension of the
term for the passing of qualification examination for a time
period until the next time the qualification examination is
organised. The term for taking of the qualification examination
may not be extended more than two times.
[27 January 2011]
Section 32.2 During the qualification
examination, the examination commission shall examine theoretical
knowledge of a sworn bailiff (also knowledge of laws and
regulations) which is necessary for the performance of the
official duties of a sworn bailiff, as well as the ability to
apply such knowledge.
Section 32.3 The Minister for Justice shall
take a decision on the organisation of the qualification
examination and the day for the taking of examination. The
Council of Latvian Sworn Bailiffs shall publish the information
regarding organisation of the qualification examination and the
day for the taking of examination on the website of the Council
of Latvian Sworn Bailiffs at least one month before the
examination.
[27 January 2011]
Section 32.4 The qualification examination
shall be organised not less than once a year. The Minister for
Justice shall take a decision on the organisation of the
qualification examination and the day for the venue thereof upon
his or her own initiative or upon a proposal of the Council of
Latvian Sworn Bailiffs. The qualification examination shall be
organised and the course thereof shall be ensured by the Council
of Latvian Sworn Bailiffs.
Section 32.5 Taking of the qualification
examination is free of charge.
Section 32.6 (1) Procedures for the
qualification examination, fields in which knowledge and skills
of a sworn bailiff are examined, as well as procedures for the
assessment shall be determined by the Cabinet.
(2) The Council of Latvian Sworn Bailiffs shall prepare
proposals for the qualification examination questions. The
Minister for Justice shall, prior to the qualification
examination, choose the qualification examination questions from
the proposals submitted and approve them.
Section 32.7 (1) A decision of the
examination commission on the results of the qualification
examination shall be submitted for approval to the Minister for
Justice. The Minister for Justice shall approve the decision of
the examination commission within seven days from the day of
receipt of the decision. A decision of the examination commission
shall come into effect when the Minister for Justice has approved
it.
(2) Upon determination of violations of the procedures of the
qualification examination, the Minister for Justice shall not
approve a decision of the examination commission, but immediately
take a decision on organisation of a new qualification
examination. A repeated qualification examination shall be
organised not later than within a month from the day of taking of
the decision on organisation of a new qualification
examination.
Section 32.8 (1) A sworn bailiff, who does
not pass the qualification examination, shall pass it repeatedly
not later than within six months (counting from the day of
approval of the results of the initial qualification
examination), but, if the Minister for Justice does not take a
decision on the organisation of the qualification examination
during this time period - on the next time the qualification
examination ir organised.
(2) If in repeatedly passing the qualification examination a
sworn bailiff acquires a negative assessment, the Minister for
Justice shall take a decision in accordance with Section 92,
Paragraph one, Clause 6 of this Law.
Section 32.9 (1) If, during the time period
after passing of a sworn bailiff examination or passing of the
previous qualification examination, a sworn bailiff has raised
his or her professional qualification or academic qualification,
has acquired the necessary number of credit points regarding the
activities for raising of the professional qualification of a
sworn bailiff and a justified opinion of the Council of Latvian
Sworn Bailiffs has been received thereon, the Minister for
Justice shall fully or partly exempt the sworn bailiff from
taking of the qualification examination. A decision of the
Minister for Justice may not be appealed.
(2) The conditions by which a sworn bailiff is to be exempted
fully or partly from taking of the qualification examination and
the procedures for exemption shall be determined by the
Cabinet.
[27 January 2011 / The Section shall come into force on 1
June 2011. See Paragraph 26 of the Transitional
Provisions]
Division IV
Insurance of Professional Activity Risk of Sworn Bailiffs
Section 33. (1) It is mandatory that the possible risk
of loss related to the professional activities of a sworn bailiff
and an assistant sworn bailiff be insured.
(2) The policyholder shall be a sworn bailiff who enters into
an insurance contract of individual professional activity risk
(civil liability insurance) regarding himself or herself and
regarding his or her assistant, and the Council of Latvian Sworn
Bailiffs which enters into an insurance contract regarding
insurance of professional activity risk of all sworn bailiffs
(group insurance contract).
(3) A sworn bailiff need not enter into an insurance contract
of individual professional activity risk regarding himself or
herself or regarding his or her assistant for a period of time
while the sworn bailiff or assistant sworn bailiff is in
previously planned continuing absence.
(4) A sworn bailiff shall ensure that upon resuming
professional activity his or her or his or her assistant's (if
his or her assistant has been on continuing absence) insurance
contract of individual professional activity risk (civil
liability insurance) is in effect.
[27 January 2011]
Section 34. Insurance of professional activity risk of
a sworn bailiff shall ensure claims, which may arise in relation
to his or her and his or her assistant professional activity.
[2 September 2004; 22 December 2005]
Section 35. (1) A sworn bailiff shall enter into an
insurance contract before he or she has commenced to fulfil his
or her duties.
(2) The insurance contract must be valid during the whole
period of the official activities of a sworn bailiff. A sworn
bailiff has a duty to submit a copy of the individual insurance
contract entered into for the next time period to the Council of
Latvian Sworn Bailiffs at least 10 days prior the termination of
the individual insurance contract.
[22 December 2005]
Section 36. A sworn bailiff has a duty to notify
immediately the Council of Latvian Sworn Bailiffs regarding the
entering into an insurance contract, as well as regarding all
amendments to the insurance contract entered into, occurrence of
an insurable event, suspension and termination of the
contract.
[22 December 2005]
Section 37. (1) The risk of a bailiff himself or
herself may not be provided for in the insurance contract.
(2) A time period of three years shall be specified in the
insurance contract for the submission of a notice regarding the
occurrence of the insurable event.
(3) The Cabinet, on the basis a proposal of the Minister for
Justice, which has been co-ordinated with the Council of Latvian
Sworn Bailiffs, shall determine the minimum amount of insurance
for an individual and group contract, as well as the mandatory
provisions of the insurance contract.
[2 September 2004]
Section 38. (1) The Council of Latvian Sworn Bailiffs
shall monitor that the insurance contract is continuously valid,
as well as supervise the making of the insurance payments in a
timely manner. A sworn bailiff has a duty to submit a copy of the
payment order to the Council of Latvian Sworn Bailiffs within
seven days after the period of time during which the payment of
an insurance premium is to be performed.
(2) If the operation of an insurance contract has been
suspended or a contract fails to comply with the requirements of
laws and regulations or has been terminated, a sworn bailiff
shall be suspended or removed from the office.
[22 December 2005]
Section 39. (1) If a sworn bailiff or an assistant
sworn bailiff in performing professional activities has caused
losses to anybody due to his or her activity or failure to act,
irrespective of the disciplinary or criminal liability of the
sworn bailiff, such losses shall be covered by an insurance
institution from the insurance compensation on the basis of the
insurance contract.
(2) Claims for losses arisen in relation to the professional
activities of a sworn bailiff or his or her assistant shall be
brought before a city (district) court according to the place of
office of the sworn bailiff.
(3) [22 December 2005]
(4) [22 December 2005]
[22 December 2005; 27 January 2011; 30 October
2014]
Division V
Duties, Rights and Liability of Sworn Bailiffs
Chapter One
Rights of Sworn Bailiffs
Section 40. (1) The requirements set forth and orders
issued by a sworn bailiff while performing the official
activities shall be binding on all persons in the territory of
the State.
(2) If the requirements or orders of a sworn bailiff regarding
the protection of an estate, the preparation of an inventory of
the estate for inheritance matters or actions related to a
property without heirs are not fulfilled, he or she shall draw up
a statement thereof and submit to the district (city) court
according to his or her office, in order to decide the matter
regarding the responsibility of the person concerned and on
imposing of a fine. The court shall decide the matter regarding
the responsibility of the person and the amount of the fine
according to the procedures laid down in the Civil Procedure Law
in respect of a failure to fulfil the requirements or orders of a
sworn bailiff in the enforcement proceedings of a court judgement
and other rulings.
[26 November 2015]
Section 41. In performing official activities, a sworn
bailiff is entitled to request substantiated information from
State and local government institutions and authorities in
relation to the fulfilment of official duties, as well as from
all natural persons and legal persons unless otherwise restricted
by special legal norms.
[22 December 2005]
Section 42. (1) When performing official activities in
relation to the fulfilment of rulings of courts and other
institutions, a sworn bailiff shall have the right to open and
without the consent of the possessor to enter the premises
belonging to the debtor, as well as premises regarding which
there is information that in such premises there is property
belonging to the debtor, and other storage facilities in
accordance with the provisions of the Civil Procedure Law.
(2) In performing actions related to a property without heirs,
a sworn bailiff shall have the right, complying with the
procedures prescribed by the Cabinet, to open and without the
consent of the possessor to enter the immovable property which is
part of the property without heirs as well as other premises and
storage facilities that are reported to hold property without
heirs.
(3) In performing the protection of an estate, a sworn bailiff
shall have the right, complying with the provisions of Division
VI, Chapter one A of this Law, to open and without the consent of
the possessor to enter the premises belonging to the deceased
person, as well as other premises and storage facilities that,
according to a sworn notary's invitation, hold the property
belonging to the deceased person.
[26 November 2015]
Section 43. A sworn bailiff shall verify the identity
of persons present at the performance of the official activities
and the authorisations of representatives.
Section 44. In order to ensure the fulfilment of
official duties, a sworn bailiff may request police assistance
and the police have a duty to provide such assistance.
Chapter Two
Duties of Sworn Bailiffs
Section 45. (1) A sworn bailiff upon his or her own
initiative, shall take all measures prescribed by law and use all
means and methods provided for in law to fulfil the rulings of
court and other institutions quickly and qualitatively, as well
as to perform the other activities of his or her office.
(2) In fulfilling official activities a sworn bailiff shall
apply the Civil Procedure Law and other laws and regulations, as
well as comply with the methodology approved by the Council of
Latvian Sworn Bailiffs and opinions of judicial practice.
Section 46. In fulfilling official duties a sworn
bailiff may not perform activities that violate the honour and
dignity of a person.
Section 47. A sworn bailiff does not have the right to
refuse without justification the fulfilment of duties prescribed
by law (Sections 73 and 74).
Section 48. In fulfilling official duties a sworn
bailiff shall in accordance with the official activity to be
performed explain to the parties their rights and obligations for
the implementation of their procedural rights in good faith.
[22 December 2005]
Section 49. (1) It is prohibited for a sworn bailiff to
perform official activities in cases where one of the parties is
the sworn bailiff himself or herself, his or her spouse,
including former spouse, his or her or his or her spouse's kin in
a direct line of all degrees, in a collateral line - to the
fourth degree and in affinity relations - to the third degree,
and also persons under guardianship or trusteeship of the sworn
bailiff or his or her spouse, or adopters or adoptees of the
sworn bailiff or his or her spouse, and also in cases where there
are other circumstances under the influence of which the sworn
bailiff cannot reasonably retain objectivity and neutrality.
[14 October 2021]
Section 50. (1) Orders expressed in statements drawn up
by a sworn bailiff in favour of himself or herself or persons
referred to in Section 49 of this Law are not in effect.
(2) The validity of a statement drawn up by a sworn bailiff
shall not be affected by the invalidity of orders specified in
Paragraph one of this Section.
Section 51. In performing official activities a sworn
bailiff shall present an official identification document and
carry an insignia of office.
Section 52. (1) A sworn bailiff, his or her assistant
and employees may not disclose information to third persons
regarding statements drawn up and official activities performed,
as well as the information obtained in performing the
professional activities of a sworn bailiff. This provision shall
also be in force when they have left their office.
(2) Information regarding statements drawn up and official
activities performed shall be provided in accordance with the
procedures prescribed by law:
1) the court, the prosecutor and investigation institutions -
in relation to the fulfilment of official duties;
2) other institutions or officials, as well as private persons
- with the consent of all participants to the matter or with the
written permission of the chief judge of a district (city)
court;
3) the Ministry of Justice - for performance of functions
specified for it in laws and regulations;
4) the Council of Latvian Sworn Bailiffs - for performance of
functions specified for it in laws and regulations.
(3) A sworn bailiff shall provide information on the basis of
a written request of a person where the necessary amount of
information is specified and the necessity for information is
justified.
(4) Deposit and document books of sworn bailiffs,enforcement
cases, as well as separate documents (including those documents,
which have been drawn up in performing the activities specified
in Sections 74 and 75) shall not be delivered outside the
premises, except for the case specified in Paragraph five of this
Section.
(5) If criminal proceedings have been initiated, on the basis
of a decision of a person directing the procedures, relevant
documents of a sworn bailiff may be removed from his or her files
for performance of expert-examination leaving in their place true
copies certified by the sworn bailiff. After the performance of
an expert-examination or adjudication of the matter in a court
the removed documents shall be returned to the sworn bailiff.
(6) Upon the request of the person directing the criminal
proceedings or within the framework of a disciplinary matter upon
the request of an authorised representative of the Council of
Latvian Sworn Bailiffs, a sworn bailiff has a duty to issue
certified copies of the documents from the files present in his
or her record-keeping, deposits and document books. This
provision shall also apply to those documents and lists drawn up
by the sworn bailiff which are stored in electronic form.
[22 December 2005; 20 December 2007]
Chapter Three
Disciplinary Liability of Sworn Bailiffs
[22 December 2005]
Section 53. (1) The Minister for Justice may initiate a
disciplinary matter against a sworn bailiff upon a proposal of a
judge or a prosecutor, as well as pursuant to a complaint of a
person or on its own initiative regarding significant violation
of laws and other laws and regulations, which has caused damage
to the interests of the State or private individuals.
(2) At the same time with the initiation of the disciplinary
matter the Minister for Justice has a right to remove a sworn
bailiff from performance of official activities until deciding on
a disciplinary matter.
[20 December 2007]
Section 54. (1) The Council of Latvian Sworn Bailiffs
may initiate a disciplinary matter against a sworn bailiff upon a
proposal of a judge or a prosecutor, as well as pursuant to a
complaint of a person or on his or her own initiative
regarding:
1) violation of the articles of association of the Collegium
of Latvian Sworn Bailiffs;
2) violation of the norms of the professional ethics;
3) non-observance of the methodology approved by the Council
of Latvian Sworn Bailiffs;
4) violation of other internal laws and regulations related
with the activities of sworn bailiffs.
(2) The Council of Latvian Sworn Bailiffs has the right to
explain, but upon receipt of a decision of the Commission of the
Disciplinary Matters referred to in Section 65, Paragraph 4 of
this Law, a duty to explain incorrectness of his or her action to
the sworn bailiff regarding the violations referred to in
Paragraph one of this Section.
(3) The materials of the initiated disciplinary matter shall
be sent to the Minister for Justice within seven days with a
request to transfer them for examination to the Commission of
Disciplinary Matters.
(4) In sending the materials of a disciplinary matter to the
Minister for Justice, the Council of Latvian Sworn Bailiffs has
the right to request the Minister for Justice to suspend a sworn
bailiff form the performance of official activities until
deciding on the disciplinary matter.
[22 December 2007]
Section 55. (1) If a sworn bailiff has acquired rights
of defence in the criminal proceedings regarding such criminal
offence which has been committed deliberately (intentionally),
the deciding of a matter regarding initiation of a disciplinary
matter and holding a sworn bailiff disciplinary liable shall be
adjourned until the time when the final ruling of the person
directing the proceedings has come into legal effect in such
criminal proceedings.
(2) From the time when the Minister for Justice, his or her
authorised person or the Council of Latvian Sworn Bailiffs has
received the information from the person directing the
proceedings regarding the coming into effect of the conditions
referred to in Paragraph one of this Law, the counting of the
time period specified in Section 56, Paragraph three and Section
65 of this Law shall be suspended.
[20 December 2007; 12 April 2018]
Section 56. (1) Prior to initiating a disciplinary
matter, the Minister for Justice, his or her authorised person or
the Council of Latvian Sworn Bailiffs shall request an
explanation in writing from a sworn bailiff.
(2) A sworn bailiff has a duty to provide an explanation in
writing within 15 days from the date of receipt of a request for
the explanation.
(3) The Minister for Justice or the Council of Latvian Sworn
Bailiffs shall, within 30 days after receipt of an explanation in
writing from a sworn bailiff or the expiration of the time period
for providing a written explanation, decide a matter regarding
initiation of a disciplinary matter.
[20 December 2007]
Section 57. (1) If a person has filed a complaint with
a court about activities of a sworn bailiff, the matter regarding
holding a sworn bailiff disciplinary liable shall be examined
after entry into effect of a court ruling regarding the
recognition of the relevant activity of a sworn bailiff as
illegal.
(2) From the time when the Minister for Justice, his or her
authorised person or the Council of Latvian Sworn Bailiffs has
received the information from the court regarding the coming into
effect of the conditions referred to in Paragraph one of this
Law, the counting of the time period specified in Section 56,
Paragraph three and Section 65 of this Law shall be
suspended.
[20 December 2007; 14 October 2021]
Section 58. (1) The court shall notify the Minister for
Justice and the Council of Latvian Sworn Bailiffs of the
complaints submitted in relation to the activities of a sworn
bailiff by sending electronically to the official electronic mail
address of the Ministry for Justice and the Council of Latvian
Sworn Bailiffs the true copies of valid rulings made in matters
regarding such complaints. A person directing the criminal
proceedings shall inform the Minister for Justice and the Council
of Latvian Sworn Bailiffs regarding the cases when criminal
proceedings have been commenced against a sworn bailiff and he or
she has obtained procedural rights to defence, a sworn bailiff
has been recognised as suspect or held criminally liable or a
detention order has been applied to him or her - prohibition of
certain occupation.
(2) Withdrawal of the procedural decisions or activity of the
sworn bailiff may not be the basis for the disciplinary liability
of the sworn bailiff, unless this sworn bailiff has allowed
intentional violation of the law or gross negligence.
[20 December 2007; 12 April 2018]
Section 59. (1) The Minister for Justice shall transfer
for examination the materials of the disciplinary matter
initiated by the Minister for Justice or the Council of Latvian
Sworn Bailiffs to the Commission of Disciplinary Matters.
(2) The Ministry of Justice shall ensure the work of the
Commission of Disciplinary Matters.
Section 60. (1) The composition of the Commission of
Disciplinary Matters, which is approved by the Minister for
Justice, shall include:
1) two representatives of the Ministry of Justice;
2) two representatives elected by the general meeting of the
sworn bailiffs;
3) one judge of the Supreme Court assigned by the Chief
Justice of the Supreme Court.
(2) The Chair of the Commission of Disciplinary Matters is a
representative of the Ministry of Justice.
(3) The composition of the Commission of Disciplinary Matters
shall be approved for three years.
(4) The representatives of the Commission of Disciplinary
Matters who are elected by a general meeting of sworn bailiffs
may be approved in the composition of the Commission of
Disciplinary Matters for not more than two terms of office in
turn.
[27 January 2011]
Section 61. (1) The quorum of the Commission of
Disciplinary Matters shall be not less than one half of the
members present at a meeting.
(2) Minutes shall be taken during the meetings of the
Commission of Disciplinary Matters. The chairperson of the
committee and the recorder of minutes shall sign the minutes. The
original of the minutes shall be kept in the Ministry of
Justice.
(3) The Commission of Disciplinary Matters shall take
decisions by simple majority. In the event of a tied vote, the
deciding vote shall be that of the Chair of the Commission. If
any of the members of the Commission of Disciplinary Matters have
a different opinion, it shall be mentioned in the minutes.
(4) The decision of the Commission of Disciplinary Matters
shall be signed by the Chair of the Commission of Disciplinary
Matters.
Section 62. (1) In examining a disciplinary matter, the
Commission of Disciplinary Matters has the right to invite a
sworn bailiff for provision of oral explanations or, if
necessary, provide written explanations.
(2) If a sworn bailiff fails to provide explanations in
writing within a period of time specified by the Commission of
Disciplinary Matters or does not arrive to the meeting of the
Commission of Disciplinary Matters without a substantiated
reason, the Commission of Disciplinary Matters shall take a
decision on the basis of the circumstances find out in the matter
and the information at the disposal thereof.
Section 63. In examining the disciplinary matters, the
Commission of Disciplinary Matters has the right:
1) to listen to explanations of other persons also and request
opinion of experts, request information and documents from the
State and local government institutions, as well as from other
legal persons of private rights and officials thereof;
2) to invite a representative of the Council of Latvian Sworn
Bailiffs or a representative from the district (city) court or
regional court, in the territory of operation of which a sworn
bailiff practise the operation of whom is evaluated;
3) to ask the Council of Latvian Sworn Bailiffs to perform the
inspection of professional activity of a sworn bailiff.
Section 64. If during the examination of a disciplinary
matter a conviction has arisen to the Commission of Disciplinary
Matters that a breach for the features of which in the activities
of a sworn bailiff a disciplinary matter has been initiated is
not compatible with the performance of the official duties of a
sworn bailiff, the Commission of Disciplinary Matters may ask the
Minister for Justice to suspend a sworn bailiff from performing
his or her activities of office by the examination of a
matter.
Section 65. (1) The Commission of Disciplinary Matters
shall, within two months from the day when the Minister for
Justice has taken a decision on initiation of disciplinary matter
or the Ministry of Justice has received a decision of the Council
of Latvian Sworn Bailiffs on initiation of a disciplinary matter,
take the following decision:
1) to impose on a sworn bailiff one of the disciplinary
sanctions provided for in Section 66, Paragraph one of this
Law;
2) to initiate to the Minister for Justice that a sworn
bailiff is to be suspended from office;
3) to dismiss the disciplinary matter;
4) not to apply a disciplinary sanction and send a decision to
the Council of Latvian Sworn Bailiffs in order it will explain to
a sworn bailiff the incorrectness of his or her activity.
(2) If due to objective reasons it is not possible to conform
to the deadline laid down in Paragraph one of this Section, the
Commission of Disciplinary Matters may extend the time period for
taking a decision to up to four months. The decision on extending
the time period shall not be subject to appeal.
[20 December 2007; 12 April 2018]
Section 66. (1) The Commission of Disciplinary Matters
has the right to impose one of the following disciplinary
sanctions on a sworn bailiff:
1) issue a reproof;
2) issue a reprimand;
3) to impose a fine in the amount from EUR 150 up to EUR
5000.
(2) The Minister for Justice has the right to impose a
disciplinary sanction on a sworn bailiff within two weeks from
the receipt of a decision of the Commission of Disciplinary
Matters - a removal from office or notify the Commission of
Disciplinary Matters that the type of disciplinary sanction
initiated by it is to be re-examined.
(3) The Minister for Justice may apply a disciplinary sanction
referred to in Paragraph two of this Section on the basis of the
decision of the Commission of Disciplinary Matters:
1) if the Commission of Disciplinary Matters, upon assessment
of the character and consequences of a disciplinary violation
committed, the degree of fault of a sworn bailiff in the offence,
as well as the information which characterises his or her
previous work in the position of the sworn bailiff, considers
that a disciplinary sanction - removal from office - is to be
applied in a particular case;
2) [20 December 2007];
3) if a sworn bailiff fails to fulfil a disciplinary sanction
imposed by Paragraph one, Clause 3 of this Section.
(4) A sworn bailiff for whom a disciplinary sanction provided
for in Paragraph one, Clause 3 of this Section has been imposed
has a duty to pay a fine into the account of the Council of
Latvian Sworn Bailiffs within three months from the day of taking
of a decision.
(5) The Commission of Disciplinary Matters may take a decision
on suspension of payment of a monetary sanction imposed until the
specified period of time or division in periods of time in
respect of a sworn bailiff for whom a disciplinary sanction
provided for in Paragraph one, Clause 3 of this Section upon his
or her substantiated request.
[20 December 2007; 12 September 2013; 12 April
2018]
Section 67. (1) A disciplinary matter shall not be
initiated and a disciplinary sanction shall not be imposed if two
years have elapsed after commitment of a violation.
(2) A limitation period of a disciplinary liability in the
case specified in Section 57 of this Law shall be counted from
the date when the relevant court decision has come into legal
effect.
Section 68. A decision of the Commission of
Disciplinary Matters or the Minister for Justice on imposition of
a disciplinary sanction or termination of a disciplinary matter
shall be notified to the submitter of a complaint, the Council of
Latvian Sworn Bailiffs and a sworn bailiff.
Section 69. A sworn bailiff subject to a disciplinary
sanction may appeal a decision of the Commission of Disciplinary
Matters or the Minister for Justice on imposition of a
disciplinary sanction to the administrative district court within
30 days from the day of notification of a decision. Submission of
an application to the court shall not suspend the operation of
the abovementioned decision.
[20 December 2007; 27 January 2011]
Section 69.1 (1) The Council of Latvian
Sworn Bailiffs shall, within three days after receipt of the
relevant information from the Ministry of Justice, publish the
decision taken in the disciplinary matter or the decision of the
Minister for Justice on imposing a disciplinary punishment on the
website of the Council of Latvian Sworn Bailiffs and cover that
part of the information which discloses personal data, including
sensitive personal data. The given name and surname of the person
held liable shall not be covered.
(2) If the sworn bailiff has appealed the decision of the
Commission of Disciplinary Matters or the Minister for Justice on
imposition of a disciplinary punishment, the relevant decision,
in accordance with the procedures referred to in Paragraph one of
this Section, shall be published within three days after the
Council of Latvian Sworn Bailiffs has received information from
the Ministry of Justice that the final court ruling by which the
application was declined has come into effect.
(3) The published decision shall be deleted from the website
within three days after one year following the day of publication
thereof.
[12 April 2018]
Section 70. (1) If within two years after the day of
imposition of a disciplinary sanction a repeat disciplinary
sanction regarding significant violation of the laws and
regulations regulating the activities of sworn bailiffs has been
imposed on a sworn bailiff, the Minister for Justice shall,
within six months from the day of imposition of a repeat
disciplinary sanction, issue an order regarding specification of
extraordinary qualification examination for this sworn bailiff.
Passing of the extraordinary qualification examination shall not
liberate a sworn bailiff from an obligation to pass the
qualification examination specified in Section 32.1 of
this Law.
[20 December 2007]
Division VI
Activities of Sworn Bailiffs
Chapter One
General Provisions
Section 71. (1) A sworn bailiff shall perform official
activities in the territory of such regional court as to which he
or she is assigned.
(2) A person has the right to freely choose a sworn bailiff in
compliance with the restrictions specified in this Law.
(3) A sworn bailiff shall not have the right to refuse to
accept for enforcement an enforcement document, an excerpt from a
notarial deed on termination of an inheritance matter or an
invitation by a sworn notary regarding the protection of an
estate if this is in the jurisdiction of his or her district.
(4) A sworn bailiff has the right, within one calendar year,
to accept for enforcement a limited number of enforcement
documents for the recovery of such claims where the creditor is
not exempted from the payment of the expenses for the enforcement
of a judgment in accordance with the Civil Procedure Law and
where the amount to be recovered is at least EUR 10 000. The
number of such enforcement documents allowed to be accepted for
enforcement shall be calculated separately by the Council of
Latvian Sworn Bailiffs by 15 January of each current year in
respect of the districts in the operational territory of each
regional court using the following formula:
(X: the number of districts) + P =
Y where
X - the total number of enforcement documents submitted for
enforcement in the Register of Enforcement Cases during the
previous calendar year in the districts in the operational
territory of the relevant regional court for the recovery of such
claims where the creditor is not exempted from payment of
expenses for the enforcement of a judgment in accordance with the
Civil Procedure Law and where the amount to be recovered is at
least EUR 10 000;
P - 10 per cent of the result obtained by dividing X by the
number of districts in the operational territory of the regional
court;
Y - the number of enforcement documents allowed to be accepted
for enforcement within the current calendar year in one district
in the operational territory of the relevant regional court for
the recovery of such claims where the creditor is not exempted
from the payment of expenses for the the enforcement of a
judgment in accordance with the Civil Procedure Law and where the
amount to be recovered is at least EUR 10 000.
(5) If the number of districts in the operational territory of
the relevant regional court changes in the current year, the
Council of Latvian Sworn Bailiffs shall recalculate the number of
enforcement documents allowed to be accepted for enforcement by
using the formula specified in Paragraph four of this
Section.
(6) If the number of enforcement documents submitted for
enforcement during the previous calendar year in the districts in
the operational territory of the relevant regional court for the
recovery of such claims where the creditor is not exempted from
the payment of expenses for the enforcement of a judgment in
accordance with the Civil Procedure Law and where the amount to
be recovered is at least EUR 10 000 reaches in total 80 per cent
of the number of enforcement documents calculated in accordance
with the procedures laid down in Paragraph four of this Section,
the Council of Latvian Sworn Bailiffs shall recalculate the
number of enforcement documents allowed to be accepted by the
districts in the operational territory of the relevant regional
court for enforcement within the current calendar year by using
the formula specified in Paragraph four of this Section where P
is 20 per cent of the result obtained by dividing X by the number
of districts in the operational territory of the regional
court.
(7) Where required, the arithmetic result obtained in
accordance with the procedures laid down in Paragraphs four and
six of this Law may be rounded to an integer. If the arithmetic
result obtained is zero, the number of enforcement documents
allowed to be accepted by the districts in the operational
territory of the relevant regional court for enforcement within
the current calendar year shall be determined according to the
number of such enforcement documents that was determined for the
districts in the operational territory of the relevant regional
court in the previous calendar year.
[17 January 2013; 26 November 2015; 7 March 2019 /
Paragraphs four, five, six, and seven shall come into force on 1
July 2019. See Paragraphs 44 and 45 of Transitional
Provisions]
Section 72. (1) A sworn bailiff shall notify the sworn
bailiff according to the place of residence or location of a
debtor or legal address regarding official activities which he or
she has performed outside the district of his or her location of
office or in relation to the debtor whose place of residence or
location or legal address is in the territory of another
district.
(2) The amount of money received in the course of enforcement
shall be divided between creditors in compliance with the order
of satisfaction of claims specified in the Civil Procedure Law
taking into account all the enforcement documents submitted for
enforcement.
(3) [20 December 2007]
[22 December 2005; 20 December 2007]
Section 73. (1) A sworn bailiff has a duty to perform
official activities in order to fulfil the following rulings of
the court, other authorities or officials:
1) regarding recovery;
2) regarding securing of a claim;
3) regarding vacating of a dwelling (eviction);
4) regarding being put in possession;
5) regarding removal of specific objects from a debtor and
transferring to an enforcer of the debt, as well as the
performance of other activities specified in the enforcement
document;
6) regarding forced fulfilment of obligations;
7) regarding organisation of an auction for voluntary
auctioning of immovable property through the court;
8) regarding confiscation of property;
9) [4 February 2016 / See Paragraph 34 of Transitional
Provisions].
(2) A sworn bailiff has a duty also to perform other tasks
given by the court which are related to the fulfilment of court
rulings, and also other activities prescribed by laws.
(3) A sworn bailiff shall take over a property that has been
recognised as a property without heirs and escheats to the State,
and shall ensure its management, protection and sale, as well as
the satisfaction of the submitted claims of creditors in respect
of the property concerned. The Cabinet shall lay down the
procedures for how a sworn bailiff shall ensure the management,
protection, appraisal, alienation, satisfaction of the claims of
creditors, distribution of the proceeds from sales in respect of
a property without heirs, including covering the remuneration for
the office and expenditures of a sworn bailiff and sworn notary,
or transferring them to the State budget, as well as shall set
the amount of security deposit. The Cabinet shall specify the
actions of a sworn bailiff in respect of a property without heirs
also for the occasions when the property without heirs is not
being alienated.
(4) A sworn bailiff shall, based on an invitation of a sworn
notary, perform the protection of an estate in accordance with
the procedures laid down in this Law.
[22 December 2005; 17 January 2013; 26 November 2015; 4
February 2016]
Section 74. (1) Upon the request of interested persons
a sworn bailiff shall perform the following official
activities:
1) deliver court summons and other documents;
2) record facts;
3) perform inventory of property for the purpose of division
of joint property or for inheritance matters;
4) organise public auctions;
5) as a certified mediator, shall conduct mediation in
accordance with the provisions and procedures laid down in the
Mediation Law.
(2) The Cabinet shall determine the procedures by which a
sworn bailiff shall deliver court summons and other documents
upon the request of interested persons.
(21) The Cabinet shall determine the procedures by
which a sworn bailiff shall, upon request of interested persons
and on the basis of an invitation of a sworn notary as well as
upon request of a trustee of an estate, prepare an inventory of
the estate.
(22) The Cabinet shall determine the procedures by
which a sworn bailiff shall record facts upon request of
interested persons.
(3) The expenditures related to the performance of the
official activities referred to in Paragraph one of this Section
shall include the remuneration for the office of a sworn bailiff
in the amount of the rate and the expenditures necessary for the
performance of the official activities. The amount of the
expenditures necessary for the performance of the official
activities shall be determined in accordance with laws and
regulations in respect of expenditures necessary for performing
enforcement activities.
(4) A sworn bailiff shall perform the service of judicial or
extrajudicial documents in Latvia in accordance with Hague
Convention on the Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters (1965) and Regulation
(EC) No 1393/2007 of the European Parliament and of the Council
of 13 November 2007 on the service in the Member States of
judicial and extrajudicial documents in civil or commercial
matters (service of documents), and repealing Council Regulation
(EC) No 1348/2000 (hereinafter - Regulation No 1393/2007 of the
European Parliament and of the Council).
(5) The expenditures related to the service of judicial and
extrajudicial documents in the case referred to in Paragraph four
of this Section shall consist of the remuneration for the office
of a sworn bailiff in the amount of the rate, the expenditures
necessary for the performance of the official activities of a
sworn bailiff, and the expenditures of the Council of Latvian
Sworn Bailiffs which are related to the fulfilment of the
function of the receiving agency for documents and may not exceed
the amount of the administrative expenditures related to the
fulfilment of the function. The amount of the expenditures
necessary for the performance of the official activities of a
sworn bailiff shall be determined in accordance with the laws and
regulations regarding the expenditures necessary for performing
enforcement activities.
(6) The Cabinet shall determine the procedures by which the
requests submitted by the foreign competent authority in
accordance with Regulation No 1393/2007 of the European
Parliament and of the Council and Hague Convention on the Service
Abroad of Judicial and Extrajudicial Documents in Civil or
Commercial Matters (1965) for the service of judicial or
extrajudicial documents are evaluated, the procedures by which,
based on such a request of the foreign competent authority,
judicial and extrajudicial documents in civil matters and
commercial matters are issued to a person whose declared place of
residence, place of residence, location, or legal address is in
Latvia and whose address is known, as well as the amount of the
expenditure of the Council of Latvian Sworn Bailiffs, the
procedures for their coverage, and the procedures for the
coverage of the expenditure related to enforcement of the
request.
[27 January 2011; 26 November 2015; 12 April 2018; 7 March
2019; 14 October 2021 / Amendment to Paragraphs
2.1 and 2.2 shall come into force on 1
January 2022. See Paragraph 47 of Transitional
Provisions]
Section 75. (1) A sworn bailiff after agreement with an
interested person shall be permitted:
1) to obtain documents from State, local government or private
institutions, and officials and private persons that are
necessary for him or her to perform professional activities;
2) to prepare a settlement in the stage of fulfilment of
rulings of the court and other authorities;
3) [22 December 2005];
4) to provide legal assistance in drawing up documents and
consulting in issues that are related to the enforcement of
rulings of courts and other authorities.
(2) A sworn bailiff is prohibited to provide legal assistance
in relation to matters in which he or she has performed the
official activities referred to in Sections 73 and 74 of this
Law.
[22 December 2005; 27 January 2011]
Section 76. (1) A sworn bailiff shall calculate the
remuneration for official activities and expenditures related
thereto, and collect the calculated amounts.
(2) A sworn bailiff shall present an account for the amounts
of money which are used for expenditures related to official
activities.
Section 77. If in performing official activities a
sworn bailiff determines an action containing the attributes of a
criminal offence, he or she shall send a relevant submission to
the prosecutor.
Chapter One A
Protection of an Estate
[26 November 2015]
Section 77.1 (1) A sworn bailiff shall
perform the protection of an estate based on an invitation of a
sworn notary.
(2) A sworn bailiff shall not have the right to refuse to
accept for enforcement an invitation of a sworn notary if the
location of the estate indicated therein is within the boundaries
(district) of the office of the sworn bailiff.
(3) The person who has requested the protection of an estate,
following an instruction of the sworn bailiff, shall transfer the
indicated amount necessary for commencing the activities related
to the protection of an estate to the business account of the
sworn bailiff. During the course of the matter, following the
instructions of the sworn bailiff, the person who has requested
the protection of an estate shall transfer an additional amount
to the business account of the sworn bailiff in order to cover
the expenditures related to the protection of an estate. A
failure to contribute the amount indicated by the sworn bailiff
shall be a basis for terminating the protection of an estate.
(4) The person who has requested the protection of an estate,
the sworn notary who has issued an invitation to perform the
protection of an estate, the heirs and the trustee of an estate,
if appointed, shall have the right to be notified on and
familiarise themselves with the documents in the matter
concerning the protection of an estate.
Section 77.2 (1) The protection of an estate
shall be commenced without any undue delay, however no later than
within five days. No notifications about the commencement of the
protection of an estate shall be sent.
(2) If a person of legal age refuses an entrance to the sworn
bailiff who is performing the activities related to the
protection of an estate to the immovable property, premises of
other storage facilities that, according to the invitation of a
sworn notary to perform the protection of an estate, hold an
estate subject to protection, the sworn bailiff shall engage a
police representative and enter the immovable property, premises
or other storage facilities in his or her presence and shall
perform the activities related to the protection of an
estate.
(3) If a sworn bailiff has found the immovable property,
premises of other storage facilities that, according to the
invitation of a sworn notary to perform the protection of an
estate, hold an estate subject to protection, to be locked, or no
person of legal age is in there, the sworn bailiff shall leave a
notification near the respective immovable property, premises or
other storage facilities stating the date and the time when the
activities for the protection of an estate will be performed and
cautioning that if an entrance to the immovable property,
premises or other storage facilities will not be enabled on the
said date and time, they will be opened by force in the presence
of a police representative. If immovable property, premises or
other storage facilities are a property of a third person, the
notification shall be mailed to the persons concerned or sent to
the official electronic address if the person has an activated
official electronic address account.
(4) If on the date and at the time indicated in the
notification an entrance to the immovable property, premises of
other storage facilities has not been enabled for the sworn
bailiff, they shall be opened by force in the presence of a
police representative. If, after the immovable property, premises
or other storage facilities have been opened, no person of legal
age is in there, after the opening of the premises by force the
sworn bailiff shall arrange that they are securely locked and
sealed off. A sworn bailiff shall leave a notification near the
respective immovable property, premises of other storage
facilities inviting to appear at the sworn bailiff's office in
order to collect the keys from the premises.
(5) A sworn bailiff shall draw up a statement on the
activities referred to in Paragraphs two, three and four of this
Section.
[12 April 2018 / Amendment regarding the supplementation of
Paragraph three with the words "or sent to the official
electronic address if the person has an activated official
electronic address account" shall come into force on 1 January
2020. See Paragraph 37 of Transitional Provisions]
Section 77.3 (1) The persons who have been
sharing the apartment with the deceased person or who are holding
the estate property shall represent in writing to a sworn bailiff
that they have not concealed anything from the remaining estate
and they do not have any knowledge that any other persons would
have concealed, taken or removed any part of estate after the
death of the estate leaver. If these persons refuse to issue such
representation, they shall provide written explanations on the
reasons for the refusal.
(2) In case a person referred to in Paragraph one of this
Section refuses to give a representation or provide explanations,
a sworn bailiff shall draw up a statement thereof an submit it to
the court in accordance with the procedures laid down in this
Law, in order to decide the matter regarding the responsibility
of the person concerned. A refusal by a person shall not suspend
the activities of a sworn bailiff.
(3) In case it has been established that the information
provided by the person is false, a sworn bailiff shall send a
relevant submission to a public prosecutor.
(4) Any property the ownership of which has been claimed by
third parties shall be sealed off or pledged, with the claim to
be indicated in the statement of sealing off or pledging. If the
person at the time of sealing off or pledging, or before that,
submits documents to a sworn bailiff that evidence the ownership
of the property, the sworn bailiff shall not include such
property in the statement. A person who believes it has some
right to the property subject to pledging or sealing off, or a
part thereof, however, it is not able to submit to a sworn
bailiff any documents evidencing the ownership of the property or
the sworn bailiff does not recognize them to be sufficient for
establishing the ownership of the property, may bring an action
to court in accordance with general jurisdiction.
(5) If a notification has been received that there should be a
will in the deceased person's belongings, a sworn bailiff shall
first search for it. If the will is found, a sworn bailiff shall
send it to the sworn notary who has issued an invitation to
perform the protection of an estate.
Section 77.4 (1) Sealing off shall be
performed if this means for the protection of an estate has been
indicated in a sworn notary's invitation, or a sworn bailiff
deems it to be the most reasonable means for the protection of an
estate in the specific situation, or if, due to objective
reasons, it is not possible to pledge the property immediately.
In this case, a sworn bailiff shall pledge the property as soon
as practicable.
(2) The sealing off shall be performed by sealing off the
facilities where the property is stored, packagings where the
property has been packed, or, if the estate property is an
immovable property, by sealing off the immovable property itself.
The persons stated in Section 289 of the Notariate Law may
participate in the sealing off.
(3) Immovable property, premises, storage facilities and
property that persons using the respective immovable property,
premises, storage facilities and items needed for their everyday
use shall not be subject to sealing off, as well as such
immovable property, premises, storage facilities and items that
cannot be sealed off due to their nature. The property and
immovable property that cannot be sealed off shall be pledged.
Property under protection shall be pledged also when a sworn
bailiff believes it to be a more reasonable means for the
protection of an estate than sealing off.
(4) A sworn bailiff shall record all the activities related to
sealing off in the statement. The statement shall be signed by a
sworn bailiff and the persons who have participated in sealing
off. If any of these persons does not sign the statement, the
sworn bailiff shall make a note thereof in the statement.
Section 77.5 (1) Pledging of movable
property shall be its inventorising and appraisal. Pledging of
immovable property shall be its inventorising and, where
necessary, also appraisal. A sworn bailiff shall perform the
inventorising and appraisal of the estate property according to
the procedures for inventorising and appraisal of movable and
immovable property prescribed by the Civil Procedure Law insofar
as it has not been laid down otherwise in this Law.
(2) A sworn bailiff shall draw up a statement on the pledging
activities. The statement shall be signed by a sworn bailiff and
the persons who have participated in the pledging of property. If
any of these persons does not sign the statement, the sworn
bailiff shall make a note thereof in the statement.
Section 77.6 (1) The sealed off or pledged
property shall be transferred to the trustee of the estate. The
protection of an estate shall be terminated with the transfer of
the sealed off or pledged property to the trustee of the
estate.
(2) In case no trustee of the estate has been appointed before
the day when the property is sealed off or pledged, a sworn
bailiff shall appoint a storer of movable property or a manager
of real estate property for the protection of the sealed off or
pledged property.
(3) The storer of movable property shall represent in writing
that he or she will not alienate or put a lien on the pledged
property, nor will use it for any other designation or purpose,
and that he or she can be held criminally liable for
embezzlement, alienation, concealing or substitution of the
property. The immovable property manager appointed by a sworn
bailiff shall preserve the inventorised real estate property in
the same condition as it was at the moment of inventorising, and
together with the same movable property. The immovable property
manager's liability shall be equal to that laid down in this Law
for the storer of movable property.
(4) A sworn bailiff shall remove the pledged valuables and
securities and transfer them to the trustee of an estate; in case
none has been appointed and a sworn bailiff is not able to ensure
their preservation, they shall be transferred for safekeeping to
a credit institution.
(5) A sworn bailiff shall remove cash and pay into his or her
deposit account, or, if a trustee of the estate has been
appointed, to the account indicated by the trustee.
(6) Perishable property shall be sold without delay in
accordance with the procedures for disposing of movable property
laid down in the Civil Procedure Law, and the cash proceeds,
after all expenditures have been deducted, shall be transferred
to a sworn bailiff's deposit account. A sworn bailiff shall
notify the sworn notary who has issued an invitation to perform
the protection of an estate about the money transferred to the
deposit account that has been raised from the sale of
property.
Section 77.7 A sworn bailiff shall pledge
the estate cash assets in a credit institution by instructing to
transfer the respective cash assets (including deposits) to a
deposit account of the sworn bailiff.
Section 77.8 A sworn bailiff, after having
fulfilled a sworn notary's invitation, shall draw up a statement
indicating all actions performed in the matter and their outcome.
A sworn bailiff shall send the statement to the sworn notary who
has issued an invitation to perform the protection of an
estate.
Section 77.9 (1) If there was no trustee of
the estate appointed at the time when the activities for the
protection of the estate were performed, the sealed off or
pledged property or the pledged cash assets shall be transferred
to the trustee of the estate after his or her appointment.
(2) A sworn bailiff shall remove the seals in the presence of
the trustee of the estate. The sworn bailiff shall draw up a
statement in respect of all activities related to the removal of
seals. The statement shall be signed by the persons present who
have been invited by the sworn bailiff. If a person refuses to
sign the statement, the sworn bailiff shall make a note thereof
in the statement. The sworn bailiff shall submit the statement to
the sworn notary who has issued an invitation to perform the
protection of an estate.
(3) If the property has been transferred for storage, a sworn
bailiff shall instruct the storer to transfer the property to the
trustee of the estate.
(4) The sworn bailiff shall transfer the pledged estate cash
assets as well as the cash assets raised by selling perishable
property to the bank account indicated by the trustee.
(5) The sworn bailiff shall remove the protection of an estate
after the expenditures related to the protection of an estate
have been covered.
Section 77.10 (1) The expenditures related
to the protection of an estate shall include the remuneration for
the office of sworn bailiff in the amount of the rate and the
expenditures necessary for the performance of the activities
related to the protection of an estate. The necessary
expenditures shall be:
1) expenditures related to drawing up of notifications and
other documents and their delivery and issuing;
2) expenditures for storage and transportation of the
property;
3) travel expenses to reach the location of the protection of
an estate;
4) payment to the expert;
5) other expenses necessary for the performance of the
activities related to the protection of an estate.
(2) The amount of the expenditures necessary for the
protection of an estate shall be determined in accordance with
laws and regulations in respect of expenditures necessary for the
performance of enforcement activities.
Section 77.11 The activities of a sworn
bailiff while performing the protection of an estate or a refusal
to perform the said activities may be appealed by stakeholders in
the court in accordance with the procedures laid down in the
Civil Procedure Law for appealing a sworn bailiff's activities
towards the enforcement of a judgement.
Chapter Two
State Fee, Work Remuneration of Sworn Bailiffs and Expenditures
Related to Official Activities
Section 78. For the submission of an enforcement
document for enforcement, the submitter shall pay a State fee
into the State basic budget.
Section 79. For each official activity (Sections 73 and
74) performed by a sworn bailiff, as well as for legal assistance
(Section 75) he or she is entitled to take reimbursement
irrespective of the State fee. The amount of reimbursement for
the official activities of a sworn bailiff shall be determined in
conformity with the rate. Agreement regarding an amount of
reimbursement for official activities different from the rate is
prohibited. Remuneration for the office of a sworn bailiff shall
be subject to the value added tax in the amount specified by the
Value Added Tax Law.
[27 January 2011; 26 November 2015]
Section 80. (1) On the basis of a proposal of the
Minister for Justice, which is co-ordinated with the Council of
Latvian Sworn Bailiffs, the Cabinet shall determine the rates for
the official activities of sworn bailiffs.
(2) The amount of the rate for the official activities of
sworn bailiffs shall be determined according to the amount of
work and in proportion to the amount of the debt to be recovered,
and also taking into account the responsibility, independence
requirements laid down in laws and regulations for an office
position of a sworn bailiff and restrictions arising from the
office.
[2 September 2004; 12 April 2018]
Section 81. The State fee, reimbursement for the office
of a sworn bailiff and expenditures related to the official
activities of a sworn bailiff shall be paid by the submitter of
the enforcement document or another interested person.
Section 82. A complaint regarding an account compiled
by a sworn bailiff regarding reimbursement for office and
expenditures related to official activities shall be adjudicated
by the district (city) court in accordance with civil procedural
procedures.
Division VII
Supervision of Activities of Sworn Bailiffs
Section 83. (1) Direct supervision of sworn bailiffs
shall be in the jurisdiction of such regional court in the
territory of operation of which their office is located.
(2) The district (city) court shall perform supervision of the
official activities of sworn bailiffs in accordance with civil
procedural procedures.
Section 84. (1) A judge assigned by the chief judge of
the regional court may examine the activities of sworn bailiffs.
The judge shall inform the Council of Latvian Sworn Bailiffs
regarding the results of the examination performed.
(2) The chief judge of the regional court may invite sworn
bailiffs appointed by the Council of Latvian Sworn Bailiffs and
employees of the Council of Latvian Sworn Bailiffs to participate
in the examination.
[27 January 2011]
Section 84.1 The Council of Latvian Sworn
Bailiffs shall, at least once a year, ensure examination of books
and enforcement cases of each sworn bailiff.
[27 January 2011 / The Section shall come into force on 1
January 2012. See Paragraph 27 of the Transitional
Provisions]
Section 85. Rectification of irregularities discovered
in the activity of a sworn bailiff shall be ensured by the
Council of Latvian Sworn Bailiffs who shall give instructions and
recommendations to the sworn bailiff and, if necessary, assess an
issue regarding initiation of a disciplinary matter or notify the
relevant authorities in order for the sworn bailiff to be held
criminally liable.
[27 January 2011]
Division VIII
Leave of Sworn Bailiffs
Section 86. (1) A sworn bailiff has the right to an
annual leave of four weeks.
(2) In case of a work disability a longer leave may be granted
to a sworn bailiff, but not more than seven months a year, but
for taking care of a child - up to 18 months.
Section 87. (1) A leave for a sworn bailiff shall be
granted by the Council of Latvian Sworn Bailiffs.
(2) Upon granting leave to a sworn bailiff his or her
substitution shall be ensured. Upon substituting a sworn bailiff
during his or her leave, the substitute shall provide for the
performance of official duties and economic activity of the sworn
notary in the district of an absent sworn bailiff. The Council of
Latvian Sworn Bailiffs shall inform the Ministry of Justice of
the absence of a sworn bailiff and substitute of the sworn
bailiff within three days from the day of receipt of the relevant
request of the Ministry of Justice.
[12 April 2018; 7 March 2019]
Section 88. (1) In particularly urgent cases, a sworn
bailiff may use an emergency leave which shall not be longer than
three days without requesting co-ordination from the Council of
Latvian Sworn Bailiffs in advance. In such case a sworn bailiff
shall notify, as soon as possible, why and how long he or she has
not fulfilled his or her duties.
(2) In such cases the official duties of a sworn bailiff may
be fulfilled by an assistant sworn bailiff.
[22 December 2005; 12 April 2018 / Amendment to Paragraph
one regarding replacement of the words "permission from the
Minister for Justice" with the words "co-ordination of the
Council of Latvian Sworn Bailiffs" shall come into force on 1
January 2019. See Paragraph 38 of Transitional
Provisions]
Section 89. Liability of an assistant sworn bailiff,
while substituting a sworn bailiff during his or her absence, as
well as for the fulfilment of the activities referred to in
Section 111.3, Paragraph two of this Law and liability
of a sworn bailiff for the activity of his or her assistant shall
be determined in accordance with Sections 111.4 and
111.6 of this Law.
[27 January 2011]
Division IX
Removal, Dismissal and Suspension of Sworn Bailiffs
Section 90. The Minister for Justice shall remove a
sworn bailiff from the office upon his or her request or without
such request if within a time period of the last 12 months the
sworn bailiff has not fulfilled his or her official duties for
more than seven months in succession due to a work
disability.
Section 91. A sworn bailiff may be dismissed from the
office by the order of the Minister for Justice or by a judgment
of the court.
Section 92. (1) The Minister for Justice shall dismiss
from office a sworn bailiff:
1) who, within the time period specified in this Law, has not
entered into an insurance contract (Section 35);
2) who has not commenced to fulfil the official duties within
the specified time period (Section 28) after appointment to
office or transfer to another office position;
3) to whom the obstacles for the performance of their official
duties laid down in Section 13, Clauses 1-8 of this Law have
arisen;
4) to whom the dismissal has been applied as a disciplinary
sanction;
5) who has not passed the extraordinary qualification
examination;
6) who has not passed the qualification examination or has
received a negative assessment in passing the qualification
examination repeatedly.
(2) Appeal of the decision of the Minister for Justice on
removal of a sworn bailiff shall not suspend the implementation
of such decision.
[22 December 2005; 20 December 2007]
Section 93. (1) The Minister for Justice may suspend a
sworn bailiff from the performance of official activities if:
1) the sworn bailiff is a suspect or accused in a criminal
matter and his or her non-depriving of an office may be harmful
to substantiated interests of the State or third persons;
2) he or she has initiated a disciplinary matter against the
sworn bailiff and non-depriving of a sworn bailiff may be harmful
to substantiated interests of the State or third persons;
3) the operation of an insurance contract has been suspended
or the sworn bailiff has not submitted to the Council of Latvian
Sworn Bailiffs a copy of the payment order which attests the
performance of individual insurance premium payment within a time
period specified in this Law;
4) it is determined that the mandatory conditions specified in
laws and regulations have not been included in the insurance
contract.
(2) The Minister for Justice shall suspend a sworn bailiff
from the performance of official activities, if a prohibition of
certain occupation has been applied for the sworn bailiff in
accordance with the procedures specified by the Law.
(3) Appeal of a decision of the Minister for Justice on
depriving of a sworn bailiff shall not suspend the implementation
of such decision.
[22 December 2005]
Section 93.1 (1) A sworn bailiff suspended
from the office in the cases referred to in Section 93, Paragraph
one, Clause 1 and Paragraph two of this Law may combine the
office of a sworn bailiff with another position (job), unless the
combination results in a conflict of interests, is in
contradiction with the professional ethical standards of a sworn
bailiff, impairs the prestige of a sworn bailiff's profession, is
a constraint to perform the duties arising from the office of a
sworn bailiff, and provided that a written permission has been
received from the Minister for Justice.
(2) A sworn bailiff, prior to combining the office of a sworn
bailiff with another position (job), shall submit to the Minister
for Justice a written application requesting a permission to
combine the office of a sworn bailiff with another position
(job), indicating the following in the request:
1) the motivation for combining the office of a sworn bailiff
with another position (job);
2) information about the position (job) the sworn bailiff
wishes to combine with the office of a sworn bailiff, including
the job responsibilities;
3) a representation that the criteria laid down in Paragraph
one of this Section are being satisfied;
4) a representation that the information provided to the
public authority is true and that the sworn bailiff is aware of
criminal liability for providing false information.
(3) The Minister for Justice, prior to granting the
permission, shall request an opinion of the Council of Latvian
Sworn Bailiffs in respect of the circumstances known to the
Council of Latvian Sworn Bailiffs and that would suggest a
failure to satisfy the criteria referred to in Paragraph one of
this Section in case the suspended sworn bailiff combines the
office of a sworn bailiff with the position (job) indicated in
the request.
(4) The Minister for Justice, after having received an opinion
of the Council of Latvian Sworn Bailiffs and having considered
the information therein and any other information at his or her
disposal, shall evaluate the compliance of the position (job)
indicated in the sworn bailiff's request with the criteria laid
down in Paragraph one of this Section, and shall take a decision
to grant the permission to combine the office of a sworn bailiff
with the position (job) indicated in the request, or to deny
it.
(5) A denial to grant a permission shall not be an obstacle to
submit a repeated request, provided the criteria laid down in
Paragraph one of this Section have been satisfied.
(6) If after the decision by the Minister for Justice to grant
a permission to a sworn bailiff to combine the office of a sworn
bailiff with another position (job) has come into force the
Minister for Justice becomes aware that any of the legal and
factual circumstances which used to be the grounds for taking the
said decision have changed, and such changed circumstances are
unacceptable for further combining of the positions, the Minister
for Justice shall take a decision to cancel the permission to
combine the positions. If it is necessary for taking a decision,
the Minister for Justice may request an opinion of the Council of
Latvian Sworn Bailiffs as to whether the detected circumstances
would constitute any risks to the satisfaction of the criteria
for the eligibility to combine positions laid down in the
Law.
(7) The Minister for Justice shall notify a sworn bailiff on
the decisions referred to in Paragraphs four and six of this
Section by sending the respective decision to his or her declared
place of residence, and shall notify the Council of Latvian Sworn
Bailiffs thereof.
[26 November 2015]
Section 94. (1) Upon leaving the office of sworn
bailiff, the sworn bailiff shall prepare a list of the files and
books in the record-keeping. This list shall be verified and
signed by a representative of the Council of Latvian Sworn
Bailiffs indicating the date. If necessary, the representative
assigned by the Council of Latvian Sworn Bailiffs shall prepare
the list of the files and books in the record-keeping.
(2) Upon leaving the office of a sworn bailiff, the referred
to files and books shall be transferred to the sworn bailiff
specified in the order of the Minister for Justice.
(3) The sworn bailiff referred to in Paragraph two of this
Section after takeover of the files of a sworn bailiff who has
left his or her office shall continue to fulfil the necessary
enforcement activities. Statements and other documents drawn up
by the preceding bailiff shall be binding to him or her. A sworn
bailiff shall not be liable for losses that have been caused or
may be caused in the future as a result of the activities of the
bailiff who has resigned from the office.
[22 December 2005; 27 January 2011]
Division X
Candidates for an Assistant Sworn Bailiff and Assistant Sworn
Bailiffs
[27 January 2011]
Chapter One
Candidates for an Assistant Sworn Bailiff
[27 January 2011]
Section 95. A candidate for an assistant sworn bailiff
may be a person who:
1) has reached twenty-one years of age;
2) conforms to the requirements referred to in Section 12,
Clauses 1 and 2 of this Law;
3) after the acquisition of an accredited study programme has
obtained a second level higher vocational education in law or in
law study programme of Master's degree and a qualification of
lawyer or he or she is acquiring law in such programme.
Section 96. The persons referred to in Section 13,
Clauses 2, 3, 4, 5, 6, 7, 8 and 9 of this Law may not be a
candidate for an assistant sworn bailiff.
Section 97. (1) The Council of Latvian Sworn Bailiffs
shall approve a candidate for an assistant sworn bailiff in the
office on the basis of a proposal of the sworn bailiff who or
whose sworn bailiff's office employs the particular person.
(2) After approval in the office of a candidate for an
assistant sworn bailiff, the candidate for assistant shall
prepare for the performance of the official duties of a sworn
bailiff by working under the management of a sworn bailiff and
fulfilling individual tasks under supervision of a sworn
bailiff.
(3) It is mandatory for a candidate for an assistant sworn
bailiff to participate in qualification raising measures
organised by the Council of Latvian Sworn Bailiffs.
(4) A candidate for an assistant sworn bailiff who has worked
in the office of a candidate for an assistant sworn bailiff for
at least one year may take an assistant sworn bailiff
examination. The abovementioned time period shall also include a
time period when a candidate for an assistant sworn bailiff has
worked in the office of a candidate for an assistant under the
management of another sworn bailiff if not more than two months
have elapsed from the day when the employment legal relations
with one sworn bailiff have been terminated until the day the
person has been appointed as a candidate for an assistant sworn
bailiff for the sworn bailiff with whom it has been employed on
the day of the assistant sworn bailiff examination.
[12 April 2018; 14 October 2021]
Section 97.1 The person shall lose the
status of a candidate for an assistant sworn bailiff in
terminating the employment relationship with the sworn bailiff or
the sworn bailiff's office upon proposal of whom he or she has
been approved for the office of a candidate for an assistant
sworn bailiff, or in setting in of any of the cases provided for
in Section 13, Clauses 2, 3, 4, 5, 6, 7, 8, and 9 of this
Law.
[12 April 2018; 14 October 2021]
Chapter Two
Candidates to the Office of Sworn Bailiffs
[22 December 2005]
Chapter Three
Assistant Sworn Bailiff Examination and Assistant Sworn
Bailiffs
[27 January 2011]
Section 111.1 (1) The Council of Latvian
Sworn Bailiffs shall, at least once a year, organise examination
for candidates for an assistant sworn bailiff who wish to acquire
the rights of an assistant sworn bailiff if an application has
been received from candidates for an assistant sworn bailiff
regarding permission to take the examination.
(2) The knowledge of a candidate for an assistant sworn
bailiff shall be examined by an examination commission
established by the Council of Latvian Sworn Bailiffs with the
participation of a person authorised by the Minister for
Justice.
(3) The procedures for organisation of the assistant sworn
bailiff examination and the amount of the necessary knowledge
shall be determined by the Cabinet. The Minister for Justice
shall approve the examination questions on the basis of a
proposal by the Council of Latvian Sworn Bailiffs.
Section 111.2 (1) The Minister for Justice
shall approve candidates for an assistant sworn bailiff, who have
passed the examination provided for in Section 111.1
of this Law and received a positive assessment of the Council of
Latvian Sworn Bailiffs, in office of an assistant sworn
bailiff.
(2) After approval in the office an assistant sworn bailiff
shall receive an assistant sworn bailiff office certificate and
shall give an oath that he or she shall fairly and
conscientiously fulfil his or her official duties. The Cabinet
shall determine the type and procedures for the use of the
assistant sworn bailiff office certificate.
Section 111.3 (1) A sworn bailiff may have
several assistants. An assistant sworn bailiff shall work under
the management and supervision of a sworn bailiff.
(2) An assistant sworn bailiff may substitute the sworn
bailiff during his or her leave and illness. During the rest of
the time with an authorisation issued by the sworn bailiff for
each particular matter the assistant sworn bailiff has the
right:
1) to perform official activities in order to ensure the
enforcement of rulings of a court and other institutions, except
taking of a decision on terminating enforcement proceedings, as
well as holding an auction of movable and immovable property of a
debtor;
2) to serve court summons and other documents;
3) to perform inventory of property for the purpose of
division of joint property or for inheritance matters.
Section 111.4 (1) An assistant sworn
bailiff, while substituting a sworn bailiff during his or her
absence, as well as while fulfilling the official activities
specified in Section 111.3, Paragraph two of this Law,
has the rights, obligations and liability specified by this Law
for sworn bailiffs.
(2) A sworn bailiff shall be jointly subjected to civil
liability for losses caused by his or her assistant while
substituting the sworn bailiff during his or her absence, as well
as while fulfilling the activities referred to in Section
111.3, Paragraph two of this Law.
Section 111.5 It is mandatory for an
assistant sworn bailiff to participate in qualification raising
measures organised by the Council of Latvian Sworn Bailiffs, as
well to fulfil all other duties imposed by the Council of Latvian
Sworn Bailiffs.
Section 111.6 (1) A reproof, reprimand,
prohibition to fulfil the activities referred to in Section
111.3, Paragraph two of this Law for a period of time
of up to three years or dismissal from the office may be applied
as a disciplinary sanction to an assistant sworn bailiff in
accordance with the procedures specified in Division V, Chapter
three of this Law.
(2) In examining a disciplinary matter that has been initiated
against an assistant sworn bailiff, in accordance with the
procedures specified in Division V, Chapter Three of this Law,
the disciplinary liability of the relevant sworn bailiff for
undue supervision and management of his or her assistant shall be
assessed concurrently.
Section 111.7 (1) An assistant sworn bailiff
may be suspended from the fulfilment of his or her official
duties in accordance with the provisions of Section 93 of this
Law.
(2) The Minister for Justice shall remove an assistant sworn
bailiff from his or her office, if the assistant sworn
bailiff:
1) requests to remove him or her from the fulfilment of his or
her official duties by his or her own free will;
2) has terminated the employment relationship with the sworn
bailiff or sworn bailiff's office.
(3) The Minister for Justice shall dismiss an assistant sworn
bailiff from the office if:
1) one of the cases provided for in Section 13, Clauses 2, 3,
4, 5, 6, 7, 8 and 9 of this Law has set in;
2) dismissal from the office is applied as a disciplinary
sanction.
(4) A sworn bailiff who or whose sworn bailiff's office
terminates the employment relationship with an assistant sworn
bailiff has an obligation to, within three days from the day of
terminating the employment relationship, notify the Minister for
Justice and the Council of Latvian Sworn Bailiffs of this fact in
writing.
(5) Appeal of a decision of the Minister for Justice on
suspension or dismissal of an assistant sworn bailiff shall not
suspend the enforcement of such decision.
(6) An assistant sworn bailiff removed or dismissed from the
office shall, within three days from the day of receipt of the
decision of the Minister for Justice, hand over the assistant
sworn bailiff office certificate to the Council of Latvian Sworn
Bailiffs.
[14 October 2021]
Section 111.8 A person who has been removed
from the office of an assistant sworn bailiff shall, in
accordance with Section 111.7, Paragraph two of this
Law, in resuming the fulfilment of the official duties of an
assistant sworn bailiff, receive a certificate of an assistant
sworn bailiff office without taking repeated assistant sworn
bailiff examination, if not more than one year has passed from
the day of removal.
Division XI
Corporate Activities of Sworn Bailiffs
Chapter One
Collegium of Latvian Sworn Bailiffs
Section 112. The Collegium of Latvian Sworn Bailiffs is
an independent professional corporation of sworn bailiffs which
unites all sworn bailiffs practising in Latvia. Only the
Collegium of Latvian Sworn Bailiffs has the rights and duties
prescribed by this Law.
Section 113. The Collegium of Latvian Sworn Bailiffs
shall ensure the prestige of profession thereof, facilitate
professional development, improvement of creative abilities and
the acquisition of experience of sworn bailiffs in order to
fulfil the tasks prescribed by this Law and other laws and
regulations.
Section 114. The Collegium of Latvian Sworn Bailiffs is
an association of persons which acts on the basis of its own
articles of association as a self-regulatory autonomous public
legal entity.
Section 115. State authorities have a duty to hear the
Collegium of Latvian Sworn Bailiffs, similarly to other judicial
institutions regarding issues on the improvement of laws and
regulations and drafts thereof, taking into account that the
Collegium of Latvian Sworn Bailiffs is an organisation which
expresses legally the opinion of sworn bailiffs.
Section 116. The bodies of the Collegium of Latvian
Sworn Bailiffs are the general meeting of sworn bailiffs, the
Council of Latvian Sworn Bailiffs and an audit commission.
Section 117. Funds of the Collegium of Latvian Sworn
Bailiffs shall be formed by funds, which are paid from income for
the official activities and legal assistance provided by sworn
bailiffs, and also from other income.
[12 April 2018]
Chapter Two
General Meeting of Sworn Bailiffs
Section 118. (1) The Council of Latvian Sworn Bailiffs
shall convene a general meeting of sworn bailiffs. The Minister
for Justice has the right to express to the Council of Latvian
Sworn Bailiffs a proposal regarding the necessity to convene a
general meeting of sworn bailiffs.
(2) There are annual general meetings of sworn bailiffs and
extraordinary general meetings of sworn bailiffs. An
extraordinary general meeting shall be convened if necessary, the
convening thereof may be requested by at least one tenth of all
sworn bailiffs.
[22 December 2005]
Section 119. Only the general meeting of sworn bailiffs
shall:
1) [22 December 2005];
2) elect the chair, deputy chair of the Council of Latvian
Sworn Bailiffs, members of the Council and the audit commission,
as well as two members of the Commission of Disciplinary Matters
for a time period of three years;
3) approve a report of the activities of the Council of
Latvian Sworn Bailiffs;
4) approve a report on the implementation of the current
budget and the budget of the previous year of the Council of
Latvian Sworn Bailiffs;
5) adopt articles of association of the Council of Latvian
Sworn Bailiffs, by-laws of the audit commission, code of
ethics;
6) determine the procedures and the amount in which sworn
bailiffs and assistant sworn bailiffs shall make payments for the
maintenance of the Collegium of Latvian Sworn Bailiffs from the
income for the performance of official activities and the
provision of legal assistance by sworn bailiffs;
7) approve the advertising regulations of sworn bailiffs.
[22 December 2005]
Section 120. The general meeting of sworn bailiffs
shall have a quorum if at least a half of all sworn bailiffs have
attended thereto.
Section 121. (1) If the general meeting of sworn
bailiffs does not have a quorum and therefore elections of the
Council of Latvian Sworn Bailiffs have not taken place, the
Council shall convene a new general meeting not later than within
a time period of a month at which meeting has a quorum if not
less than a third of all sworn bailiffs have attended
thereto.
(2) If less than one third of all sworn bailiffs attend the
repeat general meeting, a statement shall be drawn up thereof,
repeat elections shall not be organised and the Council shall
retain the powers thereof up to the next annual general
meeting.
Section 122. [14 October 2021]
Section 123. Elections of the Council of Latvian Sworn
Bailiffs at the general meeting of sworn bailiffs shall be
organised after the report on activities of the Council of
Latvian Sworn Bailiffs and the report on implementation of the
budget of the previous year have been discussed at the general
meeting.
[20 December 2007]
Section 124. (1) The general meeting shall elect the
Council of Latvian Sworn Bailiffs, the chairperson thereof, the
deputy chairperson, members of the commission of disciplinary
matters, and the audit commission from among sworn bailiffs by
secret ballot by a simple majority vote of those present.
(2) The general meeting shall decide upon other issues by open
vote by a simple majority vote of those present.
(3) If, due to objective reasons, it is not possible to
convene the general meeting at which it is intended to elect the
Council of Latvian Sworn Bailiffs, the chairperson thereof, the
deputy chairperson, members of the commission of disciplinary
matters, and the audit commission, those elected to such offices
shall continue performing the functions provided for in this Law
and the articles of association of the Collegium of Latvian Sworn
Bailiffs until the moment when the general meeting re-elects them
or elects other sworn bailiffs to such offices. If it is not
possible to convene the general meeting, other matters to be
decided at the general meeting but not related to elections may
be decided by sworn bailiffs, organising voting in writing or
remotely by a simple majority vote of all sworn bailiffs.
[14 October 2021]
Section 125. The newly elected Council of Latvian Sworn
Bailiffs shall commence to fulfil its duties not later than two
weeks after the day of election.
Chapter Three
Council of Latvian Sworn Bailiffs and Audit Commission
Section 126. (1) The Council of Latvian Sworn Bailiffs
is the representative and supervisory authority of Latvian sworn
bailiffs, as well as the administrative and executive body of the
Collegium of Latvian Sworn Bailiffs.
(2) The Council of Latvian Sworn Bailiffs shall consist of
seven members.
[22 December 2005]
Section 127. The Council of Latvian Sworn Bailiffs
shall:
1) protect the honour and dignity of the office of a sworn
bailiff;
2) manage the organisational matters of the Collegium of
Latvian Sworn Bailiffs;
3) represent the Collegium of Latvian Sworn Bailiffs and
express the point of view of sworn bailiffs in relations with
State and local government authorities, other institutions and
officials, and provide opinions on legislative and sworn bailiff
practice issues;
4) decide on a recommendation for the appointment to office of
a sworn bailiff or an assistant sworn bailiff, as well as on a
recommendation to the Minister for Justice to remove, dismiss or
suspend from the office of a sworn bailiff or an assistant sworn
bailiff;
5) [22 December 2005];
6) determine procedures for the utilisation of funds received
for the examination;
7) supervise the activity of sworn bailiffs and assistant
sworn bailiffs, examine complaints and applications received
regarding them within the scope of their competence, initiate
disciplinary matters in cases specified in this Law;
8) monitor the training of assistant sworn bailiffs;
9) ensure the organisation of matters in the record-keeping of
such sworn bailiffs and assistant sworn bailiffs who have died,
are missing, become ill or due to other reasons cannot organise
their professional activity matters;
10) upon the request of the chief judge of the regional court
or the Minister for Justice, upon its own initiative or request
of the Commission of Disciplinary Matters assign sworn bailiffs
or employees of the Council of Latvian Sworn Bailiffs for the
examination of the professional activities of a sworn
bailiff;
11) examine and take decisions on other issues relating to the
activities of sworn bailiffs, as well as approve the methodology
of sworn bailiff activities and other internal laws and
regulations related to the activity of sworn bailiffs;
12) upon receipt of the decision referred to in Section 65,
Clause 4 of this Law, explain to a sworn bailiff incorrectness of
his or her activity;
13) ensure co-ordination of leaves of sworn bailiffs;
14) fulfil the function of the receiving agency for documents
by organising service of documents in Latvia in accordance with
Hague Convention on the Service Abroad of Judicial and
Extrajudicial Documents in Civil or Commercial Matters (1965) and
Regulation No 1393/2007.of the European Parliament and of the
Council;
15) ensure the preparation of statistical reports on the
enforcement of rulings and the duration of enforcement of
enforcement documents:
a) in civil cases;
b) in criminal cases in the part on financial recoveries;
c) in administrative offence cases in the part on financial
recoveries;
16) in the cases and in accordance with the procedures laid
down in this Law, verify the conformity of offices of sworn
bailiffs with the requirements of this Law and issue consent for
the establishment of such offices and for the making of changes
in the entries and documents of the Commercial Register.
[22 December 2005; 20 December 2007; 12 April 2018; 7 March
2019; 14 October 2021]
Section 127.1 If, upon fulfilling the
function specified in Section 127, Clause 14 of this Law, the
Council of Latvian Sworn Bailiffs establishes that the address
indicated in the request of the foreign competent authority for
the service of judicial or extrajudicial documents where the
service of documents should be performed is incomplete or
inaccurate, it has the right to check the information regarding
the address of the declared place of residence of the addressee
of the documents to be serviced - natural person - in the
Population Register. If the addressee of the documents to be
serviced is a legal person, the Council of Latvian Sworn Bailiffs
shall check the current legal address of the particular legal
person entered in the Commercial Register of the Enterprise
Register.
[12 April 2018 / Section shall come into force from 1
January 2019. See Paragraph 40 of Transitional
Provisions]
Section 128. Meetings of the Council of Latvian Sworn
Bailiffs shall have a quorum if not less than a half of all
members of the Council participate therein, including the
chairperson of the Council or his or her deputy.
Section 129. (1) The authority of the Council of
Latvian Sworn Bailiffs shall cease upon the meeting of the newly
elected Council of Latvian Sworn Bailiffs (Section 125).
(2) The authorisation of a member of the Council of Latvian
Sworn Bailiffs shall cease upon his or her dismissal or
resignation from the office of a sworn bailiff or the performance
of the duties of a member of the Council.
[22 December 2005]
Section 130. The Council of Latvian Sworn Bailiffs has
a seal with the supplemented lesser State Coat of Arms and the
name of the Council of Latvian Sworn Bailiffs. The Council of
Latvian Sworn Bailiffs is located in Riga.
Section 131. Members of the Council of Latvian Sworn
Bailiffs have the right to receive an official travel allowance
from the budget of the Council and reimbursement for other
expenses that have arisen in fulfilment of the duties of a member
of the Council.
Section 132. (1) The financial activities of the
Council of Latvian Sworn Bailiffs shall be controlled by the
audit commission.
(2) Activities of the audit commission shall be regulated by
the by-laws of the commission which by-laws shall be approved by
the general meeting of sworn bailiffs.
Division XII
Financial Activities of Sworn Bailiffs
Section 133. Sworn bailiffs practice a liberal
profession.
Section 134. (1) The professional activities (practice)
of sworn bailiffs shall constitute intellectual work for which a
sworn bailiff has the right to receive remuneration, however, the
purpose thereof shall not be profit-making.
(2) The practice of sworn bailiffs shall be organised only in
accordance with the procedures prescribed by this Law.
[14 October 2021]
Section 135. (1) Sworn bailiffs shall commence their
practice only after their inclusion in the list of sworn
bailiffs.
(2) The Minister for Justice shall notify the State Revenue
Service thereof.
(3) [22 December 2005]
[22 December 2005; 17 January 2013]
Section 136. Only Latvian sworn bailiffs are entitled
to offer to perform official activities of a sworn bailiff and
advertise thereof in the territory of Latvia.
Section 137. (1) Sworn bailiffs shall practice only
individually. Co-operation with other sworn bailiffs shall be
permitted only in technical and economic matters.
(2) Sworn bailiffs shall be financially independent in their
professional activities.
(3) A sworn bailiff may maintain accounts of his or her
revenues and expenditures as a natural person performing economic
activity or establish a sworn bailiff's office. Regardless of the
selected legal form of economic activity of the practice, a sworn
bailiff shall practice in his or her own name in the professional
activity and shall be personally responsible for the office and
other professional activities performed.
(4) A sworn bailiff's office shall be established as a limited
liability company with one member and shall be registered with
the Commercial Register in accordance with the procedures laid
down in the Commercial Law. The provisions of the Commercial Law
shall be applied to such companies insofar as it has not been
provided for otherwise in this Law.
(5) Only a sworn bailiff may be the founder and the sole
member of a sworn bailiff's office. A sworn bailiff may only be a
member of one sworn bailiff's office at the same time. A sworn
bailiff who is a member of the relevant sworn bailiff's office
shall hold an office of the member of the executive board of the
sworn bailiff's office, and a remuneration shall be determined
for him or her. Only a sworn bailiff who is a member of a sworn
bailiff's office may be a member of the executive board of the
relevant sworn bailiff's office. A supervisory board shall not be
established for a sworn bailiff's office.
(6) A sworn bailiff as a member of the executive board shall
be an employee within the meaning of the law On State Social
Insurance.
(7) If a sworn bailiff's office is established, it shall be
the successor in liabilities and rights of economic activities of
a sworn bailiff as a self-employed person.
[14 October 2021]
Section 137.1 (1) An application for the
registration of a sworn bailiff's office with the Commercial
Register and for the making of changes in the entries and
documents of the Commercial Register shall be accompanied by a
consent of the Council of Sworn Bailiffs of Latvia.
(2) In order to obtain a consent for the establishment of a
sworn bailiff's office, a sworn bailiff shall submit to the
Council of Latvian Sworn Bailiffs a submission and the documents
of incorporation specified in the Commercial Law.
(3) In order to make changes in the entries of the Commercial
Register and the documents submitted thereto, a sworn bailiff
shall submit to the Council of Latvian Sworn Bailiffs the
documents confirming the relevant changes. The sworn bailiff
shall submit to the Council of Latvian Sworn Bailiffs the
documents necessary for obtaining a consent within 10 days from
the day when the last document necessary for registration or
making of changes in the entries or documents of the Commercial
Register (other than the consent of the Council of Latvian Sworn
Bailiffs) was signed.
(4) The Council of Latvian Sworn Bailiffs shall examine the
documents referred to in Paragraphs two and three of this Section
within a month and decide to give or to refuse to give a
consent.
(5) The Council of Latvian Sworn Bailiffs shall refuse to give
a consent in the following cases:
1) the legal form of a sworn bailiff's office does not conform
to the requirements of this Law;
2) the articles of association or the decision of
establishment of a sworn bailiff's office does not conform to the
requirements of this Law;
3) the founder or member of the executive board of a sworn
bailiff's office does not conform to the requirements of this Law
or is concurrently a founder, member, or member of the executive
board of another sworn bailiff's office.
[14 October 2021]
Section 137.2 The time period specified in
the Commercial Law for the submission of an application shall be
counted from the day when a consent of the Council of Latvian
Council of Sworn Bailiffs has been provided.
[14 October 2021]
Section 137.3 The name of a sworn bailiff's
office shall consist of the given name and surname of its founder
and the words "sworn bailiff's office".
[14 October 2021]
Section 137.4 (1) If a sworn bailiff is
dismissed or removed from the office of a sworn bailiff, he or
she shall take the decision to terminate the activity of the
sworn bailiff's office and to appoint a liquidator and, within
five days after taking of the decision, shall send it to the
Commercial Register Office for entering into the Commercial
Register. The application addressed to the Commercial Register
Office shall be accompanied by a written consent of the
liquidator to act as a liquidator. The liquidator shall indicate
in the written consent the name and registration number of such
sworn bailiff's office for which he or she agrees to become a
liquidator, and also the place where creditors' claims are to be
submitted. The sworn bailiff shall, without delay, inform the
Council of Latvian Sworn Bailiffs of the liquidation of the sworn
bailiff's office and appointment of the liquidator.
(2) If the sworn bailiff who has been dismissed or removed
from the office fails to notify the Council of Latvian Sworn
Bailiffs of performance of the activities specified in Paragraph
one of this Section within 10 days from the day when the decision
of the Minister for Justice to dismiss or remove him or her from
the office has entered into effect or in the case of death of the
sworn bailiff, the Council of Latvian Sworn Bailiffs shall take
the decision to terminate the activity of the company and to
appoint a liquidator and, within five days after taking of the
decision, send it to the Commercial Register Office for entering
into the Commercial Register. A written consent of the liquidator
to be a liquidator shall be appended to the application to the
Commercial Register Office. The liquidator shall indicate in the
written consent the name and registration number of such sworn
bailiff's office for which he or she agrees to become a
liquidator, and also the place where creditors' claims are to be
submitted. The Council of Latvian Sworn Bailiffs shall determine
the remuneration of the liquidator to be disbursed from the
property of the sworn bailiff's office to be liquidated.
(3) In the cases referred to in Paragraphs one and two of this
Section, the files and books of a sworn bailiff shall be
transferred to the sworn bailiff specified in the order of the
Minister for Justice in accordance with Section 94 of this
Law.
[14 October 2021]
Section 137.5 (1) It is prohibited to pledge
or otherwise encumber the shares of the equity capital of a sworn
bailiff's office with property rights. Recovery may not be
directed against the shares of the equity capital of the sworn
bailiff's office, and they do not form part of the entirety of
property of an estate in the case of death of the sworn
bailiff.
(2) Heirs shall obtain the right to receive only the amount
that would be due to the deceased sworn bailiff (testator) at the
moment of final settlement if the company were to be terminated
at the moment of the opening of a succession.
[14 October 2021]
Section 138. Sworn bailiffs shall practice directly and
personally except for the cases referred to in Section
1113, Paragraph two of this Law.
[22 December 2005; 27 January 2011]
Section 139. A sworn bailiff or a sworn bailiff's
office may hire technical, financial, or advisory staff on the
basis of an employment contract or work performance contract for
whose activities he or she is responsible and who are prohibited
from performing activities of the sworn bailiff's office and from
providing legal assistance (Sections 73, 74, and 75 of this Law).
All laws and regulations governing employment relationship and
State social insurance shall be binding upon a sworn bailiff and
a sworn bailiff's office as an employer.
[14 October 2021]
Section 140. (1) Sworn bailiffs who have registered as
self-employed persons shall maintain accounts of their revenues
and expenditures as natural persons performing economic
activity.
(2) Revenues from the practice of sworn bailiffs shall
include:
1) payments for the performance of official activities and
provision of legal assistance (reimbursement);
2) payments for covering the expenditures related to the
enforcement of rulings of the court and other authorities and
other professional activities of a sworn bailiff;
3) revenues related to the provision of economic activity or
specified in this Law.
(3) Expenditures of a sworn bailiff shall include:
1) expenditures related to the fulfilment of rulings of the
court and other authorities and other professional activities of
sworn bailiff;
2) expenditures related to the maintenance of the location of
practice, work reimbursement, official travel expenditures and
other similar expenditures;
3) expenditures related to the provision of economic activity
or specified in this Law.
[14 October 2021]
Section 140.1 (1) A sworn bailiff's office
shall maintain accounting records in accordance with the
procedures laid down in laws and regulations and provided for a
limited liability company.
(2) Revenues of a sworn bailiff's office shall include the
following:
1) payments for the performance of official activities of a
sworn bailiff and provision of legal assistance;
2) payments for covering the expenditures related to the
enforcement of rulings of the court and other authorities and
other professional activities of a sworn bailiff;
3) revenues related to the provision of economic activity or
specified in this Law.
(3) Expenditures of a sworn bailiff's office shall include the
following:
1) expenditures related to the enforcement of rulings of the
court and other authorities and other professional activities of
a sworn bailiff;
2) expenditures related to the maintenance of the sworn
bailiff's office and other similar expenditures;
3) expenditures related to the provision of economic activity
or specified in this Law.
(4) Dividends shall be disbursed in accordance with the
procedures laid down in the Commercial Law.
[14 October 2021]
Section 141. Sworn bailiffs shall pay taxes according
to the selected legal form of economic activity in accordance
with the procedures laid down in the law.
[14 October 2021]
Section 141.1 (1) Persons shall make
payments that are related to the enforcement of rulings of the
court and other authorities by a transfer to a deposit account of
the sworn bailiff with the Treasury.
(2) Persons shall make payments that are related to other
official and professional activities of a sworn bailiff by a
transfer to an account for economic activity of the sworn bailiff
or sworn bailiff's office.
[26 November 2015; 14 October 2021]
Section 142. [14 October 2021]
Section 143. [14 October 2021]
Division XIII
Procedures for Accounting and Payment of Deposit Amounts
Section 144. (1) A sworn bailiff shall open a deposit
account in the Treasury in his or her name, in which funds
recovered from debtors and other amounts that are due to the
interested persons (deposit amounts) are kept. The receipt and
disbursement of deposit amounts shall be allowed only into a
deposit account of the sworn bailiff in the Treasury.
(2) The sworn bailiff shall notify the number of his or her
deposit account to the Council of Latvian Sworn Bailiffs. The
Council of Latvian Sworn Bailiffs shall publish the information
regarding the deposit account of the sworn bailiff on the website
of the Council of Latvian Sworn Bailiffs.
(3) If the funds recovered from debtors and other amounts that
are due to the interested persons are received in a foreign
currency in the deposit account, they shall be converted in euros
in accordance with the foreign currency exchange rate used in
accounting on the day on which the funds are received in the
deposit account. If disbursement of funds from the deposit
account is to be performed in a foreign currency, the amount to
be disbursed shall be converted into the foreign currency in
accordance with the foreign currency exchange rate used in
accounting on the day on which the funds are to be disbursed.
[14 April 2011; 12 September 2013]
Section 145. (1) Recovery proceedings may not be
applied to funds in a deposit account of a sworn bailiff (Section
144, Paragraph one) for covering of the debts of the sworn
bailiff and such funds shall not be included in the entirety of
property of an estate in the case of the death of the sworn
bailiff.
(2) If a sworn bailiff is removed or dismissed from the
office, as well as in the case of death of the sworn bailiff, the
sworn bailiff who is assigned by the order of the Minister for
Justice to fulfil official duties in a vacant district shall open
a new deposit account in the Treasury in his or her name. The
Treasury shall close the deposit account of the sworn bailiff
removed, dismissed from the office or deceased and transfer the
surplus of the deposit account to the new deposit account in the
Treasury. If the sworn bailiff has been suspended from fulfilment
of the official duties, the sworn bailiff specified by the order
of the Minister for Justice shall handle the deposit amounts
present in the deposit account.
[27 January 2011; 14 April 2011; 12 April 2018 / The new
wording of the third sentence of Paragraph two shall come into
force on 1 January 2019. See Paragraph 38 of Transitional
Provisions]
Section 146. (1) A sworn bailiff shall electronically
maintain a separate accounting book of deposit amounts for each
year.
(2) A sworn bailiff shall, until 1 February of the following
year, submit to the Council of Latvian Sworn Bailiffs for
approval electronically signed information on the accounting of
deposit amounts accumulated electronically within a current
year.
(3) The surplus of the funds in the deposit account shall
match with the surplus of the funds in the accounting book of
deposit amounts. Entries in the accounting book of deposit
amounts shall be divided by months. Information on each payment
carried out in the deposit account (payment and disbursement)
shall be reflected separately.
(4) Deposit amounts remaining in the surplus on 31 December of
the previous year in the deposit account of a sworn bailiff shall
be indicated as the surplus at the beginning of the accounting
book of deposit amounts of the following year, retaining the
attachment of each deposit amount received in the last year to
the respective enforcement case, if a payment is attached to an
enforcement case.
[12 April 2018]
Section 147. Procedures for the completion of an
accounting book of deposit amounts shall be the following:
1) a number in sequence shall be assigned to each entry;
2) the date on which the amount has been transferred to the
account of a sworn bailiff shall be specified;
3) the number of the enforcement case shall be specified. If
an amount for several enforcement cases has been paid
concurrently, the numbers of all enforcement cases shall be
specified;
4) the name and number of the payment document shall be
indicated;
5) a debtor shall be specified (given name, surname of a
natural person, name of a legal person), and also a payer if he
or she is not the debtor, as well as a notation shall be made if
the referred to amount has been paid for sold property;
6) the enforcer of the debt (given name, surname of a natural
person, name of a legal person), as well as given name, surname
or name of the recipient if he or she is not the enforcer of the
debt, and information on the authorisation shall be
specified;
7) the amount of money paid shall be specified;
8) the name and number of the disbursement document and
disbursement date shall be indicated;
9) the amount to be paid out shall be specified (if there are
several recipients, the amount shall be relevantly divided making
entries one under the other in conformity with the given name,
surname or name of the recipient);
10) the end of the year surplus shall be specified.
Section 148.
[22 December 2005]
Section 149. A sworn bailiff shall be liable for the
timely and correct making of entries in the accounting book of
deposit amounts, completion and keeping of the relevant
documents, as well as for the compliance of the entries with the
statement of deposit account.
[22 December 2005; 14 April 2011]
Section 150. It is prohibited to make blocking out and
unjustified amendments in the accounting book of deposit
amounts.
Section 151.
[22 December 2005]
Section 152. (1) Money shall be disbursed to a creditor
and other persons in the cases specified in the laws and
regulations governing activities of sworn bailiffs from the
deposit account of a sworn bailiff by transfer to the payment
account opened on behalf of this person, while the security for
auction or payment received by mistake shall be transferred to
the account from which it has been received. A sworn bailiff
shall not by bound by any powers of attorney issued to other
persons to receive the funds in the deposit account of the sworn
bailiff without an adequate justification, and also by any
indications to transfer funds to the accounts opened on behalf of
other persons.
(2) [12 April 2018]
(3) The funds recovered from a debtor and to be transferred to
a judgment creditor shall be transferred to a judgment creditor
within ten days from the day when they were paid in the deposit
account of a sworn bailiff, if there are no objective reasons
because of which the transfer of funds is to be deferred.
(4) A person who has bidden movable property or immovable
property at an auction organised by a sworn bailiff shall keep
such movable or immovable property after the auction not having
taken place or acquire it in accordance with other procedures
laid down in the laws and regulations governing activities of
sworn bailiffs and pay the amount due from this person to the
deposit account of the sworn bailiff by single transfer from the
account opened on behalf of such person. Failure to comply with
the payment procedures laid down in this Section shall be
recognised as failure to pay the full amount within the meaning
of Section 611, Paragraph four of the Civil Procedure Law.
[27 January 2011; 14 April 2011; 12 April 2018; 14 October
2021]
Section 152.1 The Ministry of Justice and
the Council of Latvian Sworn Bailiffs have the right to receive
data regarding the payments registered in the deposit accounts of
sworn bailiffs for the performance of the functions specified in
laws and regulations.
[14 April 2011]
Division XIV
Work Organisation Regulations and Record-keeping
Section 153. A sworn bailiff shall forward a sample of
his or her signature and a seal impression, as well as the
signature of his or her assistant to all chief judges of district
(city) courts in the operational territory of the relevant
regional court, the chief judge of the regional court, and also
to the Minister for Justice and the Council of Latvian Sworn
Bailiffs.
[7 March 2019 / Amendments to the Section that provide for
the deletion of the obligation of sworn bailiffs to forward a
sample of his or her signature and a seal impression, as well as
the signature of his or her assistant to chairpersons of the Land
Registry offices and heads of public registers shall come into
force on 1 June 2019. See Paragraph 42 of Transitional
Provisions]
Section 154. (1) A sworn bailiff shall determine his or
her office hours.
(2) A sworn bailiff has an obligation to provide for the
reception of visitors for at least eight hours a week regarding
issues on fulfilment of particular rulings of the court and other
authorities, and the acceptance of documents
(3) The Minister for Justice after co-ordination with the
Council of Latvian Sworn Bailiffs may permit or impose as a duty
to a sworn bailiff to visit towns or villages in the near
vicinity on specific days of a week or month for the fulfilment
of official duties in order to provide an opportunity to all
persons to meet with a sworn bailiff.
Section 155. (1) Statements and documents shall be
drawn up in the official language, amounts of money shall be
indicated in euros, but measures and weights - in conformity with
the metric system.
(11) If the sum to be recovered is indicated in a
foreign currency in the enforcement document, a sworn bailiff
shall calculate the amount of the sum to be recovered in euros in
accordance with the foreign currency exchange rate used in
accounting on the day on which the enforcement document is
registered.
(2) All statements shall include the following
prerequisites:
1) date, month and year of the drawing up of the statement,
but if necessary - also a more detailed designation of time;
2) name of the office, location of office and practice, given
name and surname of a sworn bailiff;
3) address of the location for drawing up the statement;
4) statement registration number;
5) signature of the sworn bailiff.
(3) A sworn bailiff shall stamp the State coat of arms seal on
the statements to be issued.
(4) Pages of statements written on several sheets shall be
numbered and each page shall be certified with the signature of
the sworn bailiff. If parties, witnesses or officials participate
in the drawing up of a statement, they shall also sign the
statement.
(5) If natural persons have been referred to in the
statements, the given name, surname and place of residence
thereof shall be indicated, but if necessary, also a personal
identity number shall be specified. If it is not possible to
ascertain the personal identity number or the place of residence,
a sworn bailiff shall indicate this in the statement.
(6) In drawing up statements in relation to legal persons, a
sworn bailiff shall verify the legal capacity to act, capacity to
act thereof and the authorisation of the representative.
(7) Amendments, deletions and additions shall be noted at the
end of the statement preceding the signatures.
[27 January 2011; 12 September 2013; 12 April 2018]
Section 155.1 The Council of Latvian Sworn
Bailiffs shall determine the nomenclature of files and time
periods for keeping thereof, and also the procedures for
record-keeping and statistical recording of sworn bailiffs.
[7 March 2019]
Section 156. [7 March 2019]
Section 156.1 (1) In fulfilling official
duties, sworn bailiffs shall use the Register of Enforcement
Cases.
(2) The State of Latvia shall be the owner of the Register of
Enforcement Cases and software thereof.
(3) The Court Administration shall be the manager and holder
of the Register of Enforcement Cases.
(4) The Cabinet shall determine the procedures for the
establishment, maintenance and use of the Register of Enforcement
Cases, as well as the minimum amount of the information to be
included therein.
(5) The information included in the Register of Enforcement
Cases shall be restricted access information.
[27 January 2011; 17 January 2013]
Section 157. An enforcement document submitted for
enforcement shall be the original. If a derivative of the
decision has been submitted for enforcement, it shall be
certified with the signature (full name) and seal of the court,
the judge or such authority which has issued the enforcement
document.
[12 April 2018]
Section 158. (1) All enforcement documents subject to
enforcement shall be registered in the Register of Enforcement
Cases.
(2) After registration of an enforcement document received in
paper form a note regarding the sequential number of the
enforcement case shall be made on the enforcement document. The
enforcement document received in paper form shall be scanned and
the electronic version of the document shall be appended as annex
to the registration card of the received document.
(3) After registration of the electronically signed
enforcement document it shall be appended as annex to the
registration card of the received document.
[12 April 2018 / The new wording of Section shall come into
force on 1 January 2019. See Paragraph 39 of Transitional
Provisions]
Section 159. It is permitted to transfer or send to
another sworn bailiff the enforcement documents sent in error in
the following cases:
1) in cases where the State is an enforcer of the debt;
2) in criminal matters on confiscation of property and other
property levies;
3) in cases on fulfilment of such rulings of foreign courts
which have been recognised in Latvia in accordance with the norms
of the Civil Procedures Law if the enforcer of the debt is
located outside Latvia.
[12 April 2018]
Section 160. (1) The Register of Enforcement Cases must
contain all information regarding the actions performed by a
sworn bailiff and the documents included in the files.
(11) Documents and annexes thereof that have been
prepared in the Register of Enforcement Cases and sent by a sworn
bailiff from his or her official electronic address to the
addressee to his or her official electronic address shall also
have legal effect if the document does not contain the detail
"signature".
(2) An enforced enforcement document shall remain in the
enforcement case, notifying the court, institution or official
who has issued the enforcement documents regarding the
enforcement.
(3) A sworn bailiff shall, upon the request of a judgment
creditor, debtor and the persons specified in Section 52,
Paragraph two of this Law, as well as if it is necessary for the
fulfilment of official activities, prepare true copies, extracts
or copies of the documents present in his or her record-keeping
and certify the accuracy thereof.
[27 January 2011; 12 April 2018; 14 October 2021]
Section 160.1 (1) A sworn bailiff shall
ensure the issuing of the information in the record-keeping and
familiarising with the documents in the enforcement proceedings
to a creditor, debtor, and, in the cases laid down in the Civil
Procedure Law, also to other persons. Based on a written
application of a person, a sworn bailiff may issue a copy of a
document in his or her record-keeping or an informative
statement.
(2) The persons referred to in Paragraph one of this Section
have the right to familiarise themselves with an enforcement
case, make extracts from it and make copies in the presence of a
sworn bailiff, his or her assistant or an employee of a sworn
bailiff. The person who familiarises himself or herself with an
enforcement case shall provide a written confirmation that no
activities which would be in contradiction with the framework
laid down in laws and regulations in the field of personal data
protection will be performed with the information obtained on
enforcement case and the content of its documents.
(3) Prior to familiarising with the enforcement case, the
person shall present a personal identification document and, if
such person is not a participant to the enforcement case, shall
additionally present a document certifying representation or a
document that confirms the right of the person to familiarise
himself or herself with the enforcement case.
[7 March 2019]
Section 161. Enforcement documents in paper form shall
be sent as registered mail.
[12 April 2018]
Section 162. The Council of Latvian Sworn Bailiffs
after co-ordination with the Latvian National Archives shall
prescribe the procedures for the storage and destruction of the
documents of sworn bailiffs.
[17 January 2013]
Section 163. Documents in enforcement case and other
documents at the disposal of a sworn bailiff shall be kept by him
or her in accordance with the Archives Law, laws and regulations
regulating record-keeping and instructions of the Council of
Latvian Sworn Bailiffs.
[22 December 2005; 17 January 2013]
Transitional Provisions
1. Activities of bailiffs of the Bailiffs Department of the
Ministry of Justice and statements drawn up thereof shall be in
effect if they have been drawn up by 1 January 2003, but
activities of substitutes of sworn bailiffs appointed by the
order of the Minister for Justice and statements drawn up thereof
- by the removal of a bailiff from the office if they comply with
the law in force at the moment of the performance of the
enforcement actions and the drawing up of the statements.
2. The Ministry of Justice shall:
1) discontinue to hire bailiffs and employees of offices of
other bailiffs on 1 November 2002;
2) organise the acceptance of enforcement cases in the
record-keeping of bailiffs and funds in the deposit account of a
bailiff's office from the responsible persons and its transfer to
sworn bailiffs in conformity with the determined division of
districts;
3) organise training regarding the application of this Law,
the Civil Procedure Law and other laws and regulations, and
organisation of sworn bailiff practice for employees of the
Bailiffs Department of the Ministry of Justice and bailiffs who
have applied to the announced positions of office of sworn
bailiffs in November and December 2002.
3. The Minister for Justice shall:
1) determine the number of sworn bailiffs, locations of
offices thereof, districts and borders thereof, as well as
announce it in the gazette Latvijas Vēstnesis by 1 November
2002;
2) appoint employees of the Bailiffs Department of the
Ministry of Justice and bailiffs who have applied to the
announced positions of office and have been attested, as sworn
bailiffs by 1 January 2003;
3) convene the general meeting of sworn bailiffs by 1 February
2003.
4. Attestation of employees and bailiffs of the Bailiffs
Department of the Ministry of Justice prior the appointment to
the office of a sworn bailiff shall be performed by the
attestation commission established by the Minister for Justice by
assessing the conformity thereof to the requirements of Sections
12 and 13 of this Law, as well as evaluating references of the
previous work thereof and training results. It is also permitted
to attest employees and bailiffs of the Bailiffs Department if
the relevant persons have reached twenty-one years of age or the
persons do not have a higher professional or academic education,
but he or she studies successfully in the law programme of a
university type institution of higher education.
5. Until the commencement of the activity of the Council of
Latvian Sworn Bailiffs the functions prescribed by the law
thereof shall be performed by the Ministry of Justice.
6. [22 December 2005]
7. [27 January 2011]
8. Up to 1 April 2003 the Minister for Justice in
co-ordination with the Council of Latvian Sworn Bailiffs shall
determine the procedures by which State movable property in the
use of the Bailiffs Department of the Ministry of Justice and
offices of bailiffs on the day of the coming into force of the
Law shall be transferred without remuneration to the property of
the Council of Latvian Sworn Bailiffs. The Council of Latvian
Sworn Bailiffs shall transfer such property to sworn bailiffs for
the commencement of practice.
9. In order to ensure the continuous work of sworn bailiffs
and service to the public, up to 31 December 2004 sworn bailiffs
have the right to lease the premises of the bailiff's offices of
the Ministry of Justice on basis of the existing conditions,
utilising the existing means of communications.
10. Upon taking over the files of a bailiff of the Bailiffs
Department of the Ministry of Justice, a sworn bailiff shall
continue to perform the necessary enforcement actions. Statements
and other documents drawn up by the preceding bailiff shall be
binding to him or her. A sworn bailiff shall not be liable for
losses that have been caused or may be caused in the future as
the result of activity of the former bailiff of the Bailiffs
Department of the Ministry of Justice.
11. The provisions of Section 33 of this Law regarding a group
insurance contract shall be applied as from 1 January 2004.
12. Section 12, Clause 4, Sub-clause "b" of this Law shall
come into force on 1 January 2012 and shall be applicable to
persons who are appointed to office after 1 January 2012.
13. Persons who study in an accredited study programme in
order to acquire the second level higher professional education
in law and the lawyer qualification or who have been appointed to
the office of a sworn bailiff not having the second level higher
professional education in law and the lawyer qualification shall
acquire the relevant education not later than by 1 September
2010.
[2 September 2004]
14. [2 September 2004]
15. Up to the day of the coming into force of Cabinet
regulations, not later than by 31 December 2004, the Ministry of
Justice instruction of 10 January 2003, Rates of Remuneration for
the Office of Sworn Bailiff, the Ministry of Justice instruction
of 10 January 2003, Minimum Insurance Amount for a Sworn Bailiff
Individual Insurance Contract and the Mandatory Provisions of an
Insurance Contract, and the Ministry of Justice instruction of 4
February 2004, Minimum Insurance Amount for a Sworn Bailiff Group
Insurance Contract and the Mandatory Provisions of an Insurance
Contract.
[2 September 2004]
16. The Minister for Justice shall, by 31 July 2006, take a
decision on organising of the examination of sworn bailiffs for
substitutes of sworn bailiffs who comply with the following
criteria:
1) until 1 January 2005 he or she successfully acquires law
science in the State accredited programme of an institution of
higher education;
2) until 1 January 2005 not more than one disciplinary
sanction has been applied to him or her.
[22 December 2005]
17. The Minister for Justice shall appoint those substitutes
of sworn bailiffs who pass the examination referred to in Clause
16 of these Transitional Provisions in the office of a sworn
bailiff. Those substitutes of sworn bailiffs who fail to comply
with the referred to criteria, do not apply for the examination
or fail to pass it, shall be removed from the position of the
substitute of a sworn bailiff and may candidate for the position
of a sworn bailiff in accordance with the general procedures.
[22 December 2005]
18. The examination referred to in Clause 16 of these
Provisions shall be performed pursuant to the provisions
regarding examination of the Law on Bailiffs.
[22 December 2005]
19. Section 73, Paragraph one, Clause 9 of this Law, which
determines the duty of a bailiff to execute rulings regarding
forced implementation of sanctions specified by the international
organisations, shall come into force on 1 January 2007.
[22 December 2005]
20. The Cabinet shall issue the Regulation referred to in
Section 32.6, Paragraph one of this Law until 1 July
2008.
[20 December 2007]
21. The norms of Division III of this Law and other norms of
this Law regulating the regular occurrence of the qualification
examinations and extraordinary examinations of sworn bailiffs
shall be applicable from 1 July 2008.
[20 December 2007]
22. All sworn bailiffs who have given an oath until 1 January
2004 shall pass the regular qualification examination. Sworn
bailiffs, who have given an oath after 1 January 2004, shall pass
the regular qualification examination not later than within a
period of time specified in Section 32.1, Paragraph
one of this Law.
[20 December 2007]
23. Sworn bailiffs who are included in the composition of the
examination commission and for whom a time period for passing the
qualification examination has come into effect pursuant to
Section 22 of these Transitional Provisions, shall take the
qualification examination in the next year.
[20 December 2007]
24. Section 17, Paragraph three of this Law shall be
applicable also to those sworn bailiffs who have been dismissed
from the office of a sworn bailiff on the basis of Paragraph 13
of these Transitional Provisions.
[27 January 2011]
25. For persons who have commenced the fulfilment of official
duties of an assistant sworn bailiff before 28 February 2011 and
who have not passed an assistant sworn bailiff examination, the
time period worked in the office shall be counted into the time
period referred to in Section 97, Paragraph four of this Law.
[27 January 2011]
26. Section 32.9 of this Law shall come into force
on 1 June 2011.
[27 January 2011]
27. Sections 84.1 and 156.1 of this Law
shall come into force on 1 January 2012.
[27 January 2011]
28. Until the day of coming into force of the Cabinet
Regulations provided for in this Law, but not later than until 31
May 2011, Cabinet Regulation No. 42 of 9 January 2007,
Regulations Regarding the Procedures for Assistant Sworn Bailiff
Examination and the Amount of the Necessary Knowledge, shall be
applicable insofar as it is not in contradiction with this
Law.
[27 January 2011]
29. Until the day of coming into force of the Cabinet
Regulation (Section 111.2, Paragraph two of this Law)
assistant sworn bailiffs, who have passed the examination
provided for in Section 111.1 of this Law, shall
receive a certificate of an assistant sworn bailiff office
approved by the Minister for Justice in accordance with the
procedures specified until 28 February 2011 and the certificates
received shall be valid until 31 May 2011.
[27 January 2011]
30. A sworn bailiff shall ensure the opening of a deposit
account in the Treasury and transferring of the funds recovered
from a debtor and other amounts that are due to the interested
persons present in a deposit account of a sworn bailiff in a
credit institution to the deposit account of the sworn bailiff in
the Treasury until 1 July 2011.
[14 April 2011]
31. In documents, which a sworn bailiff issues after opening
of a deposit account in the Treasury, only the deposit account of
the sworn bailiff in the Treasury shall be indicated as the
settlement prerequisites of the sworn bailiff for transferring of
the funds to be recovered from debtors and other amounts that are
due to the interested persons to the sworn bailiff. Information
regarding the settlement prerequisites of the sworn bailiff in a
credit institution included in documents which the sworn bailiff
has issued until the opening of the deposit account in the
Treasury shall be binding for the addressee of the document until
30 June 2012, unless the bailiff has notified regarding change in
the settlement prerequisites.
[14 April 2011]
32. Deposit amounts that have been received in a deposit
account in a credit institution after opening of a deposit
account of a sworn bailiff in the Treasury shall be transferred
to the deposit account of the sworn bailiff in the Treasury
within seven days from the day when they were received in the
deposit account of the sworn bailiff in the credit institution.
The sworn bailiff shall close the deposit account in the credit
institution until 30 June 2012.
[14 April 2011]
33. After opening of a deposit account in the Treasury a sworn
bailiff shall arrange an accounting book of the amounts present
in the Treasury in compliance with Section 146, Paragraph one of
this Law and close the accounting book of deposit amounts in the
credit institution. The sworn bailiff shall enter the amounts
that remain in surplus in the deposit account in the credit
institution as surplus in the deposit account in the accounting
book of amounts present in the Treasury.
[14 April 2011]
34. The amendment concerning the deletion of Section 73,
Paragraph one, Clause 9 of this Law, shall come into force
simultaneously with the Law on International Sanctions and
National Sanctions of the Republic of Latvia.
[4 February 2016]
35. The restriction determined in Section 71, Paragraph one of
this Law for a sworn bailiff in part regarding the maintenance of
the location of practice in the territory of such regional court
as to which he or she is assigned from the day when the territory
of operation of Ogre District Court is included into the
territory of operation of Zemgale Regional Court until 31
December 2018 shall not be applicable to a sworn bailiff who
until inclusion of the territory of operation of Ogre District
Court into the territory of operation of Zemgale Regional Court
has performed official duties in District No. 35 of the Riga
District Court, District No. 36 of the Riga District Court, or
District No. 37 of the Riga District Court and has been
transferred for the performance of his or her official duties to
District No. 35 of the Zemgale District Court, District No. 36 of
the Zemgale District Court, or District No. 37 of the Zemgale
District Court respectively.
[12 April 2018]
36. The provisions of Section 71, Paragraph one of this Law
regarding the restriction for a sworn bailiff to perform official
activities in the territory of such regional court as to which he
or she is assigned shall not be applicable to the official
activities (Sections 73 and 74 of this Law) which:
1) a sworn bailiff transferred for the performance of his or
her official duties to District No. 35 of the Zemgale District
Court, District No. 36 of the Zemgale District Court, or District
No. 37 of the Zemgale District Court in relation to inclusion of
the territory of operation of Ogre District Court into the
territory of operation of Zemgale Regional Court performs in the
territory of operation of Riga District Court in cases commenced
until the day of transfer;
2) a sworn bailiff of Riga District Court, after inclusion of
the territory of operation of Ogre District Court into the
territory of operation of Zemgale Regional Court, shall perform
in the territory in the jurisdiction of District No. 35 of the
Zemgale District Court, District No. 36 of the Zemgale District
Court, or District No. 37 of the Zemgale District Court.
[12 April 2018]
37. Amendment to Section 77.2, Paragraph three of
this Law that provides for sending a notification regarding the
date and the time when the activities for the protection of an
estate will be performed to the official electronic address of a
person if the person has an activated official electronic address
account shall come into force on 1 January 2020.
[12 April 2018]
38. Amendments to Section 32, Paragraph one, Section 87,
Section 88, Paragraph one providing that the co-ordination of
leaves of the sworn bailiffs shall be transferred to the Council
of Latvian Sworn Bailiffs, supplementation of Section 127 with
Clause 13, and amendments to Section 145, Paragraph two of this
Law regarding the actions with the deposit amounts present in the
deposit account shall come into force on 1 January 2019.
[12 April 2018]
39. Amendments to Section 158 and Section 160, Paragraph one
of this Law that provides for the registration of all enforcement
documents subject to enforcement in the Register of Enforcement
Cases and accumulation of all information regarding the actions
taken by the sworn bailiff and documents included in the files
shall come into force on 1 January 2019.
[12 April 2018]
40. Amendments to Section 74 of this Law regarding its
supplementation with Paragraphs four, five, and six, amendments
to Section 127 regarding its supplementation with Clause 14, and
Section 127.1 regarding the duty of a sworn bailiff to
perform service of judicial or extrajudicial documents in Latvia
in accordance with Hague Convention of 15 November 1965 on the
Service Abroad of Judicial and Extrajudicial Documents in Civil
or Commercial Matters and Regulation (EC) No 1393/2007 of the
European Parliament and of the Council of 13 November 2007 on the
service in the Member States of judicial and extrajudicial
documents in civil or commercial matters (service of documents),
and repealing Council Regulation (EC) No 1348/2000, and the duty
of the Council of Latvian Sworn Bailiffs to fulfil the function
of the receiving agency for documents shall come into force on 1
January 2019.
[12 April 2018]
41. The Cabinet shall, by 1 November 2018, review the amounts
of the rate for the official activities of sworn bailiffs
complying with the requirements laid down in Section 80,
Paragraph two of this Law.
[12 April 2018]
42. Amendments to Section 153 of this Law that provide for the
deletion of the obligation of sworn bailiffs to forward a sample
of his or her signature and a seal impression, as well as the
signature of his or her assistant to chairpersons of the Land
Registry offices and heads of public registers shall come into
force on 1 June 2019.
[7 March 2019]
43. Section 74, Paragraph 2.1 of this Law regarding
the delegation to the Cabinet to determine the procedures by
which a sworn bailiff shall, on the basis of an invitation of a
sworn notary, prepare an inventory of the estate upon the request
of interested persons shall come into force on 1 July 2019.
[7 March 2019]
44. Section 71, Paragraphs four, five, six, and seven of this
Law that stipulate the right to accept for enforcement a limited
number of enforcement documents for the recovery of such claims
where the creditor is not exempted from payment of expenses for
the enforcement of a judgment in accordance with the Civil
Procedure Law and where the amount to be recovered is at least
EUR 10 000 shall come into force on 1 July 2019.
[7 March 2019]
45. The number of enforcement documents specified in Section
71, Paragraph four of this Law allowed to be accepted for
enforcement in the second half of 2019 shall be calculated, by 30
June 2019, by the Council of Latvian Sworn Bailiffs in accordance
with the procedures specified in Section 71, Paragraph four of
this Law in respect of the districts in the operational territory
of each regional court. The data of the Register of Enforcement
Cases on the number of enforcement documents submitted for
enforcement in the operational territory of the relevant regional
court from 1 July 2018 to 31 December 2018 shall be used for
calculation.
[7 March 2019]
46. Until approval of the nomenclature of files and time
periods for keeping thereof, and also the procedures for
record-keeping and statistical recording specified in Section
155.1 of this Law, but not longer than until 1
November 2019, Cabinet Regulation No. 202 of 14 March 2006,
Regulations Regarding the Record-keeping of Sworn Bailiffs, shall
be applicable.
[7 March 2019]
47. Amendments to Section 74 of this Law regarding the
supplementation of its Paragraph 2.1 with a condition
for the preparation of an inventory of an estate upon request of
a trustee of an estate, and regarding the supplementation of
Section with Paragraph 2.2 shall come into force on 1
January 2022.
[14 October 2021]
This Law shall come into force on 1 January 2003.
This Law was adopted by the Saeima on 24 October
2002.
President V. Vīķe-Freiberga
Rīga, 13 November 2002
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)