Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
12 June 2003 [shall come
into force on 1 July 2003];
15 January 2004 [shall come into force on 1 February
2004];
26 October 2006 [shall come into force on 1 December
2006];
18 December 2008 [shall come into force on 1 January
2009];
1 November 2012 [shall come into force on 1 January
2013];
19 September 2013 [shall come into force on 1 January
2014];
2 February 2017 [shall come into force on 1 March
2017];
11 November 2021 [shall come into force on 1 December
2021];
5 October 2023 [shall come into force on 2 November
2023].
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.
|
The Saeima 1 has adopted and
the President has proclaimed the following law:
Administrative Procedure Law
Part A
General Provisions
Chapter 1
Basic Provisions of Administrative Procedure
Section 1. Terms Used in this
Law
(1) An institution is a legal entity, a unit or an
official thereof on which specific State authority powers have
been conferred in the field of State administration by a legal
act or contract governed by public law.
(2) A higher institution is a legal entity, a unit or
an official thereof which may, in hierarchical order, issue
orders to an institution or set aside a decision thereof.
(3) An administrative act is a legal act directed
externally which is issued by an institution in the field of
public law with regard to an individually indicated person or
individually indicated persons establishing, altering,
determining or terminating specific legal relations or
determining an actual situation. The administrative act is also a
decision issued by an institution in the cases provided for in
the law with regard to an individually undetermined range of
persons who are under specific and identifiable circumstances
(general administrative act). The administrative act is also a
decision on the establishment, alteration or termination of the
legal status of an official or a person specially subordinate to
the institution, or the disciplinary punishment of this person,
and also any other decision if it significantly restricts the
human rights of the official or the person specially subordinate
to the institution. Within the meaning of this Paragraph an
official is not an employee of the institution with whom
employment relationships are to be established in accordance with
laws and regulations. The administrative act is not the
following:
1) a decision or another action of an institution in the field
of private law;
2) an internal decision of an institution which only affects
the institution itself, an institution subordinate to it or a
person specially subordinate to it;
3) an interim decision (including a procedural decision)
within the framework of administrative proceedings, except for
the case where it in itself affects significant rights or legal
interests of a person or significantly impedes the exercise
thereof;
4) a political decision of the Saeima, the President,
the Cabinet or a local government council (a political statement,
declaration, invitation, and notification of the election of
officials, etc.);
5) a court ruling, a decision in criminal proceedings, and
also a decision taken in the administrative offence
proceedings.
(4) A legal provision is comprised of a legal act (part
thereof) and general principles of law.
(5) An external legal act is the Constitution
(Satversme), laws, Cabinet regulations, and binding
regulations of local governments, and also international
agreements and original Treaties of the European Union and legal
acts issued on the basis thereof.
(6) An internal legal act is a legal act which has been
issued by a body governed by public law with the aim of
determining its own internal working procedures or those of its
subordinate authority or to clarify the procedures regarding
application of an external legal act in the area of its activity
(an instruction, recommendation, by-law, etc.).
(7) A provision of international law is comprised of
international agreements binding on Latvia, customary
international law, and general principles of international
law.
(8) A private person is a natural person, a legal
person governed by private law or an association of such
persons.
(9) A body governed by public law is a legal person
governed by public law in the form of the body thereof or another
institutional arrangement that has an administrative procedural
capacity to act.
[15 January 2004; 26 October 2006; 18 December 2008; 1
November 2012; 11 November 2021]
Section 2. Basic Purposes of the
Law
The basic purposes of the Law are as follows:
1) to ensure respect for the basic principles of democracy and
rule of law, especially human rights, in specific public legal
relations between the State and a private person;
2) to subject actions of executive power relating to specific
public legal relations between the State and a private person to
the control of an independent, impartial and competent judicial
power;
3) to ensure lawful, accurate, and effective application of
the legal provisions in public legal relations.
[15 January 2004]
Section 3. Application of the
Law
(1) This Law shall be applied to administrative proceedings in
an institution, insofar as the special legal provisions of other
laws do not provide otherwise.
(2) Administrative proceedings in a court shall take place in
accordance with this Law. If a special legal provision of another
law determines other procedures which are not in conflict with
the basic purposes and principles of this Law, the special legal
provision of another law shall be applied to the administrative
proceedings in a court.
(3) Provisions of this Law which apply to an administrative
act shall also be applicable to the actual action and a contract
governed by public law insofar as it is not in conflict with the
nature of these institutes of administrative proceedings or
insofar as other legal provisions do not stipulate otherwise.
[26 October 2006; 18 December 2008]
Section 4. Principles of
Administrative Proceedings
(1) The following general principles of law shall be applied
in administrative proceedings:
1) the principle of respecting the rights of a private person
(Section 5);
2) the principle of equality (Section 6);
3) the principle of the rule of law (Section 7);
4) the principle of reasonable application of legal provisions
(Section 8);
5) the principle of the prohibition of arbitrariness (Section
9);
6) the principle of protection of legitimate expectations
(Section 10);
7) the principle of lawful basis (Section 11);
8) the principle of democratic structure (Section 12);
9) the principle of proportionality (Section 13);
10) the principle of priority of laws (Section 14);
11) the principle of procedural equity (Section
14.1).
(2) The general principles of law not referred to in Paragraph
one of this Section which have been discovered, derived or
developed within institutional practice or within jurisprudence
as well as legal science shall also be applied in administrative
proceedings.
(3) An administrative act and the actual action of an
institution (Chapter 7) shall comply with the general principles
of law referred to in Paragraph one of this Section.
(4) The exercise of the rights of a private person specified
in this Law may not, in itself, cause any unfavourable
consequences, including private ones, to a private person.
[15 January 2004; 26 October 2006]
Section 5. Principle of Respecting
the Rights of a Private Person
In administrative proceedings, especially when adopting a
decision on the merits, an institution and a court shall, within
the scope of the applicable legal provisions, facilitate the
protection of the rights and legal interests of private
persons.
[15 January 2004]
Section 6. Principle of Equality
In cases where there are identical actual and legal
circumstances, an institution and a court shall adopt identical
decisions (in cases where there are different actual or legal
circumstances - different decisions) irrespective of the gender,
age, race, skin colour, language, religious beliefs, political or
other views, social origin, nationality, education, social and
financial status, type of occupation of participants to the
administrative proceedings or other circumstances.
[15 January 2004]
Section 7. Principle of the Rule of
Law
The actions of an institution and a court shall comply with
the legal provisions. An institution and a court shall act within
the scope of their powers as prescribed by laws and regulations
and may only exercise their powers in conformity with the meaning
and purpose of authorisation.
Section 8. Principle of Reasonable
Application of Legal Provisions
In applying the legal provisions, an institution and a court
shall use the basic methods of the interpretation of the legal
provisions (grammatical, systematic, historical, and teleological
methods) in order to achieve the most equitable and useful result
(Section 17).
Section 9. Principle of the
Prohibition of Arbitrariness
An administrative act and a court ruling may be based on the
facts which are necessary for taking the decision and on the
objective and rational legal considerations arising from such
facts.
Section 10. Principle of Protection
of Legitimate Expectations
A private person may have confidence that the action of an
institution will be legal and consistent. An institution's error
for the occurring of which a private person cannot be held at
fault may not cause unfavourable consequences for the private
person.
[15 January 2004]
Section 11. Principle of Lawful
Basis
An institution may issue an administrative act or perform an
actual action unfavourable to a private person on the basis of
the Constitution, laws or the provisions of international law.
Cabinet regulations or binding regulations of local governments
may be a basis for such administrative act or actual action only
if the Constitution, law or the provisions of international law
either directly or indirectly contain an authorisation for the
Cabinet, upon issuing regulations, or for local governments, upon
issuing binding regulations, to provide for such administrative
acts or an actual action therein. If the Constitution, law, or
provisions of international law have authorised the Cabinet, then
the Cabinet may, in its turn, authorise local governments by
regulations.
[15 January 2004]
Section 12. Principle of Democratic
Structure
An institution and a court shall, upon applying the legal
provisions, consider whether an administrative act or actual
action unfavourable to a person is necessary in a democratic
society in order to protect the rights of other private persons,
the democratic structure of the State, and public safety, welfare
or morals.
[15 January 2004]
Section 13. Principle of
Proportionality
The benefits which society derives from the restrictions
imposed on an addressee must be greater than the restrictions on
the rights or legal interests of the addressee. Significant
restrictions on the rights or legal interests of a private person
are only justified by a significant benefit to society.
[15 January 2004; 26 October 2006]
Section 14. Principle of Priority of
Laws
An administrative act favourable to a private person, which
regulates legal relations in an issue vital to a democratic
society and the structure of the State (freedom of expression and
information, freedom of thought, conscience and religion, freedom
of assembly and association, and also the political system), may
be issued by an institution on the basis of the Constitution or
law.
[15 January 2004]
Section 14.1 Principle of
Procedural Equity
Upon taking decisions, an institution and a court shall
respect objectivity and provide participants to the proceedings
with a reasonable opportunity to express their opinion and submit
evidence. An official in respect of whose objectivity there may
exist reasonable doubt shall not participate in the taking of the
decision.
[15 January 2004]
Section 15. Application of External
Legal Acts, General Principles of Law, and Provisions of
International Law
(1) An institution and a court shall apply in the
administrative proceedings the external legal acts, provisions of
international law and European Union law, and also general
principles of law (Section 4).
(2) An institution and a court shall comply with the following
hierarchy of the legal force of external legal acts:
1) the Constitution;
2) law;
3) Cabinet regulations;
4) binding regulations of local governments.
(3) The provisions of international law regardless of their
source shall be applied in accordance with their place in the
hierarchy of legal force of external legal acts. If a conflict
between a provision of international law and a legal provision of
Latvian law of the same legal force is determined, the provision
of international law shall be applied.
(4) The provisions of European Union law shall be applied in
accordance with the place thereof in the hierarchy of legal force
of external legal acts. In applying the provisions of European
Union law, an institution and a court shall take into account the
case law of the Court of Justice of the European Union.
(5) General principles of law shall be applied if the relevant
issue is not governed by an external legal act, and also in order
to interpret legal acts (Section 17).
(6) If a conflict between the legal provisions of differing
legal force is determined, the legal provision of higher legal
force shall be applied.
(7) If a conflict between a general and a special legal
provision of equal legal force is determined, the general legal
provision shall be applied insofar as it is not restricted by the
special legal provision.
(8) If a conflict between external legal acts of equal legal
force is determined, the most recent external legal act shall be
applied. The date of adoption of the external legal act shall be
determinative.
(9) If a conflict between a most recent general and an older
special legal provision of equal legal force is determined, the
older special legal provision shall be applied insofar as its
purpose is not in conflict with the purpose of the most recent
general legal provision (legal act).
(10) In deciding which of the legal provisions of equal legal
force is to be given priority, their objective significance in
the common context formed by these legal provisions shall be
considered and priority is to be given to such legal provision
which governs an issue vital to a democratic society and the
structure of the State.
(11) If an institution is required to apply a legal provision
but has reasonable doubts as to whether this legal provision is
compatible with a legal provision of higher legal force, the
institution shall apply such legal provision but shall
immediately inform a higher institution and the Ministry of
Justice of its doubts by means of a reasoned written report.
(12) An institution and a court may not refuse to decide an
issue on the grounds that such issue is not regulated by law or
other external legal act (prohibition of legal obstruction by
institutions and courts). They may not refuse to apply a legal
provision on the grounds that such legal provision does not
provide for the mechanism of application, it is not exhaustive or
no other legal acts have been issued which would more closely
regulate the application of the relevant legal provision. This
shall not apply only in cases where an institution, which is
required to apply this legal provision or participate in its
application in another way, has not been established or is not
operating.
[15 January 2004; 18 December 2008; 1 November
2012]
Section 16. Application of Internal
Legal Acts
(1) An internal legal act is binding on the body governed by
public law which has issued such act, and also on authorities
subordinate to such body governed by public law. The internal
legal act is not binding on private persons.
(2) If an institution determines that there is a conflict
between two internal legal acts, it shall apply the act issued by
the institutionally higher institution. If an institution
determines that there is a conflict between internal legal acts
issued by an institutionally higher institution and functionally
higher institution, it shall apply the act which has been issued
by the functionally higher institution.
(3) If an institution determines that there is a conflict
between a general and a special legal provision of equal legal
force contained in internal legal acts, the general legal
provision shall be applied insofar as it is not restricted by the
special legal provision.
(4) If an institution determines that there is a conflict
between internal legal acts issued by one body governed by public
law, the institution shall apply the most recent act. The date of
adoption of the legal act shall be determinative.
(5) If an institution is required to apply an internal legal
act but it has reasonable doubts as to whether this legal act is
compatible with an internal legal act issued by another body
governed by public law, the institution shall apply it but shall
immediately inform an institutionally higher institution and the
body governed by public law, which has issued this legal act, of
its doubts by means of a reasoned written report.
(6) If an institution is required to apply an internal legal
act but it has reasonable doubts as to whether this legal act is
compatible with an external legal act and general principles of
law as well as legal provisions of international law or European
Union law, the institution shall not apply this internal legal
act and shall immediately, by means of a reasoned written report,
inform thereof a higher institution and a body governed by public
law that has issued this legal act. The body governed by public
law that has issued such legal act may issue an order in writing
for such legal act to be applied. If the order of the body
governed by public law contains a legal justification as to why
the doubts of the institution should be dismissed and the
relevant internal legal act complies with the external legal act
and general principles of law as well as legal provisions of
international law and European Union law, the institution shall
execute it.
[15 January 2004; 1 November 2012; 2 February 2017]
Section 17. Interpretation and
Analogy of Legal Provisions
(1) In interpreting (construing) a legal provision, an
institution and a court shall apply the following basic methods
of interpretation:
1) grammatical (linguistic) interpretation method, that is,
ascertaining the meaning of the legal provision
linguistically;
2) historical interpretation method, that is, ascertaining the
meaning of the legal provision, considering the circumstances on
the basis of which it has been created;
3) systematic interpretation method, that is, ascertaining the
meaning of the legal provision in relation to other legal
provisions;
4) teleological (meaning and purpose) interpretation method,
that is, ascertaining the meaning of the legal provision on the
basis of a useful and equitable purpose which is to be attained
pursuant to the relevant legal provision.
(2) If an institution or a court finds a gap in the legal
system, it may rectify such gap by also using the method of
analogy, that is, by a systematic analysis of the legal
regulation of similar cases and by applying the principles of law
determined as a result of this analysis to the particular case.
Such administrative act as infringes human rights of an addressee
may not be based on analogy.
(3) If, in interpreting a legal provision in accordance with
different methods, it is possible to come to a result conforming
to the legal system and a result contrary to some legal
provision, then such interpretation method shall be applied the
result of which in the specific case conforms to the legal
system.
(4) If, in interpreting a legal provision in accordance with
different methods, it is possible to come to different results
and each of them conforms to the legal system, then such
interpretation method shall be applied by which it is possible to
attain the most useful and equitable result in the specific
case.
(5) If the Constitutional Court has interpreted the relevant
legal provision in a judgment, an institution and a court shall
apply this interpretation.
(6) If a higher institution has interpreted a legal provision
in an internal legal act, an institution shall apply such
interpretation. The authorisation of an institution referred to
in Section 16, Paragraphs five and six of this Law shall remain
unaffected.
[15 January 2004]
Section 18. Costs of Administrative
Proceedings and the State Ensured Legal Aid
(1) Administrative proceedings in an institution shall be free
of charge for private persons, unless prescribed otherwise by
law.
(2) A State fee and a security deposit shall be paid for
administrative proceedings in court in accordance with the
procedures laid down and in the amount specified in Chapter 13 of
this Law.
(3) The Cabinet shall determine the procedures and amount for
disbursing remuneration from the State budget to witnesses,
interpreters, and experts in administrative proceedings in
court.
(4) If an administrative case to be examined in an institution
is complicated, the institution shall, upon request of a natural
person, decide on the remuneration for his or her representative
by taking into account the financial situation of this person. In
such cases a representative may be a person who may be a legal
aid provider within the meaning of the State Ensured Legal Aid
Law. The institution shall disburse the remuneration. The Cabinet
shall determine the amount of the remuneration to be disbursed to
the representative, and lay down the procedures for granting and
disbursing the remuneration.
(5) In light of the complexity of a case and financial
situation of a natural person, the State ensured legal aid shall
be granted upon request of the person and on the basis of a
decision of a court (judge) after receipt of the application in
the court until the moment the final court ruling comes into
effect. The court (judge) shall take the decision on the request
for granting legal aid within one month after the day this
request is made.
(6) The Legal Aid Administration shall assign a State ensured
legal aid provider within seven days after receipt of the
decision of the court (judge). The extent of legal aid and the
amount of remuneration shall be determined in accordance with the
laws and regulations regarding the extent of the State ensured
legal aid, the amount of the remuneration, reimbursable expenses
and the procedures for paying thereof.
(7) If the grounds for the provision of the State ensured
legal aid have ceased to exist or circumstances have been
established which provide a basis for the suspension of legal
aid, a court (judge) shall take the decision to suspend the State
ensured legal aid and send it to the Legal Aid Administration
within three days.
[15 January 2004; 2 February 2017]
Chapter 2
Administrative Procedural Legal Capacity and Capacity to Act
Section 19. Legal Capacity and
Capacity to Act
(1) Administrative procedural legal capacity is the capacity
to have administrative procedural rights and duties.
(2) Administrative procedural capacity to act is the capacity
to exercise administrative procedural rights and fulfil
administrative procedural duties.
Section 20. Administrative
Procedural Legal Capacity of a Private Person
(1) Administrative procedural legal capacity shall be
recognised equally for natural persons and legal persons governed
by private law.
(2) Administrative procedural legal capacity shall also be
recognised in regard to associations of persons if the persons
are associated with sufficiently durable linkages in order to
achieve a specific purpose and the association of persons has
specific procedures for the taking of decisions.
[15 January 2004]
Section 21. Administrative
Procedural Capacity to Act of a Private Person
(1) The following have an administrative procedural capacity
to act:
1) a natural person of legal age, insofar as his or her
capacity to act has not been restricted by court;
2) a legal person governed by private law;
3) an association of persons which has been recognised as
having procedural legal capacity.
(2) Procedural rights of a natural person who has not reached
the age of 15 years or whose capacity to act has been restricted
by court shall be exercised by a lawful representative of this
person. If the mutual interests of lawful representatives or the
interests of lawful representatives and a minor differ and if the
court deems it useful, it may appoint another person as a
representative of the minor by asking an opinion of the Orphan's
and Custody Court or a person from the list of special guardians
maintained by the Orphan's and Custody Court. If the court
believes that interests of the guardian and the person of legal
age whose capacity to act has been restricted by the court
differ, it may, at its own discretion, upon asking an opinion of
the Orphan's and Custody Court, assign another person to serve as
a representative of the relevant person of legal age or ask the
Orphan's and Custody Court to appoint a guardian for the person
of legal age for the protection of rights and interests of this
person in the specific case.
(21) The obligation of the special guardian is to
hear the opinion of a minor, to make it known to the court, and
to protect the rights and interests of a minor in the specific
administrative case. If the Orphan's and Custody Court or court
establishes that the special guardian fails to properly fulfil
the obligations laid down by the law, the court shall appoint
another special guardian for the minor.
(22) The Cabinet shall determine the requirements
for the special guardian, the procedures by which the Orphan's
and Custody Court creates and updates the list of special
guardians, and also the amount of remuneration to be disbursed to
the special guardian and the procedures for granting and
disbursing thereof.
(3) Procedural rights of the natural person who has attained
an age from 15 to 18 years shall be exercised by the lawful
representative of such person. In such cases the institution or
the court shall summon also the relevant minor to
participate.
(4) In cases prescribed by law, a minor is entitled to
independently exercise his or her procedural rights and fulfil
duties. If the law has conferred the right on a minor who has
reached the age of 15 years to independently have recourse to an
institution, he or she has the right to independently appeal an
administrative act or actual action of an institution to a court.
In such case, at the discretion of the institution or the court,
the lawful representative of such person may be summoned in order
to provide assistance to them in the conducting of the case.
(5) Cases of legal persons governed by private law shall be
conducted by the body or authorised person thereof.
(6) Cases of associations of persons shall be conducted by the
contractual representative or authorised person thereof.
[15 January 2004; 26 October 2006; 18 December 2008; 2
February 2017; 11 November 2021 / The new wording of the
second sentence of Paragraph two, Paragraphs 2.1 and
2.2 shall come into force on 1 January 2023. See
Paragraph 25 of Transitional Provisions]
Section 22. Administrative
Procedural Legal Capacity of a Body Governed by Public Law
(1) Administrative procedural legal capacity in full extent is
possessed by:
1) the Republic of Latvia as the initial legal person governed
by public law;
2) local governments and other derived legal persons governed
by public law.
(2) Other bodies governed by public law possess administrative
procedural legal capacity in matters pertaining to spheres in
which they operate within the limits of their own independent
budget in accordance with law.
[15 January 2004]
Section 23. Administrative
Procedural Capacity to Act of a Body Governed by Public Law
(1) A body having jurisdiction, an institution (official) or
another authorised legal entity shall act on behalf of a legal
person governed by public law.
(2) A body governed by public law which possesses
administrative procedural legal capacity (Section 22, Paragraph
two) shall also possess an administrative procedural capacity to
act in the same amount, and an institution (official) or another
authorised legal entity shall act on its behalf.
[15 January 2004]
Chapter 3
Participants to Administrative Proceedings in an Institution and
Court
Section 24. Participants to
Administrative Proceedings
The following are participants to administrative
proceedings:
1) a submitter (Section 25);
2) an institution in the proceedings of which the
administrative case is;
3) an addressee (Section 27);
4) a third person (Section 28);
5) a legal entity which has the right to act as a defender of
the rights and legal interests of a private person (Section
29);
6) an applicant (Section 31);
7) a defendant (Section 34);
8) a representative (Sections 35-40).
[15 January 2004]
Section 25. Submitter
(1) A submitter is a private person who is applying to an
institution in order to establish, alter, determine or terminate
specific public legal relations. A private person for the defence
of whose rights and legal interests a case has been initiated
pursuant to a submission by a legal entity referred to in Section
29 of this Law shall also be considered a submitter.
(2) In cases where the body governed by public law may be the
addressee of an administrative act or it may be affected by an
actual action, and also in other cases specified in an external
legal act the submitter may also be a legal person governed by
public law. In the administrative proceedings in which the
submitter or addressee is a body governed by public law the norms
of this Law shall be applied accordingly, except for the cases
where it arises from the nature of the body governed by public
law that such norms are not applicable.
[15 January 2004]
Section 26. Procedural Participation
in an Institution
(1) A submission to an institution may be submitted by several
submitters (co-submitters).
(2) Each co-submitter participates in proceedings
independently.
(3) Co-submitters may assign the conducting of the proceedings
to one submitter from amongst themselves or to one joint
representative.
(4) Procedural actions and decisions, including an
administrative act, of an institution establish, alter, determine
or terminate legal relations with each co-submitter separately.
Each co-submitter may exercise his or her procedural rights, in
particular the right to contest and appeal procedural actions and
an administrative act, independently of other co-submitters.
Section 27. Addressee
(1) An addressee is a private person in regard to whom an
administrative act is issued or an actual action is (is to be)
carried out.
(2) A body governed by public law may also be an addressee of
an administrative act or it may be affected by an actual action
in cases where it finds itself in a similar situation as a
private person and in the specific case is subject to the same
legal regulations as a private person.
[15 January 2004]
Section 28. Third Person
(1) A private person whose rights or legal interests may be
infringed by the relevant administrative act or who may be
affected by a court judgment in the case may be a third person in
administrative proceedings.
(2) A body governed by public law may be a third person in
cases where it finds itself in a similar situation as a private
person who may be a third person in administrative proceedings,
and also where such is specified in an external legal act.
(3) The status of a third person is granted to a person by a
decision of an institution or court (judge). A person who deems
himself or herself corresponding to the status of a third person
or a participant to the administrative proceedings may submit a
reasoned request for the summoning of a third person. A third
person may also be summoned upon initiative of an institution or
court (judge).
(31) If specifically unidentified persons are to be
summoned to the case as third persons, a court (judge) shall
publish a notification in the official gazette Latvijas
Vēstnesis regarding the initiated case inviting the persons
who correspond to the status of a third person in the case to
turn to the court within a month with a request for summoning in
the status of a third person. A person who fails to submit the
request within the relevant term shall lose the right to become a
third person.
(4) Provisions regarding procedural legal capacity and
capacity to act of participants to administrative proceedings
shall apply to third persons. A third person has the procedural
rights of submitters and of applicants subject to the exceptions
stipulated in this Law.
(5) A decision to refuse to summon a third person to an
institution may be contested by this person, an addressee or a
potential addressee to a higher institution but if there is no
higher institution or it is the Cabinet - appealed to a court
within seven days after the relevant person has been notified of
the decision or it has become known to him or her otherwise. The
decision of a higher institution may be appealed to a court
within seven days. A court shall examine a complaint in the
written procedure.
(6) An ancillary complaint may be submitted regarding a
decision of a court (judge) to reject a request for summoning a
third person to a case, if such request has been made until a
court hearing or in the written procedure until the day when the
participants to the administrative proceedings are entitled to
exercise the rights provided for in Section 204, Paragraph two of
this Law.
(7) If a court (judge) establishes that a third person has
been summoned unjustifiably, the court (judge) shall decide to
withdraw the status of a third person for this person. The person
may submit an ancillary complaint regarding the decision of the
court (judge) to withdraw his or her status of a third
person.
[15 January 2004; 26 October 2006; 18 December 2008; 1
November 2012; 2 February 2017]
Section 29. Legal Entities Having
the Right to Defend the Rights and Legal Interests of a Private
Person
(1) In the cases provided for in law, a body governed by
public law or a legal person governed by private law has the
right to submit a submission to an institution or an application
to a court in order to defend the rights and legal interests of a
private person.
(2) A legal entity referred to in Paragraph one of this
Section may access the case materials, submit removals, provide
explanations, submit evidence, participate in the examination of
evidence, submit requests, contest and appeal an administrative
act or actual action, and also perform other procedural actions
provided for by law in respect of a submitter or an
applicant.
(3) Withdrawal by a legal entity referred to in Paragraph one
of this Section from a submission or application submitted by it
in accordance with Paragraph one of this Section shall not
deprive the private person for the defence of whose rights and
legal interests the submission or application has been submitted
of the right to require that an institution or court examine the
case on the merits.
(4) If in the course of administrative proceedings a legal
entity referred to in Paragraph one of this Section and the
private person for the defence of whose rights and legal
interests the submission or application has been submitted have
different opinions regarding the conducting of the proceedings or
the substance of the case, the opinion of the private person
shall be determinative. Pursuant to a submission of the
appropriate person, an institution shall take a decision on the
termination of a case or the court shall terminate
proceedings.
[15 January 2004]
Section 30. Participation of an
Authority in Proceedings in order to Provide an Opinion
(1) An institution or a court shall, in cases prescribed by
law, summon an authority to participate in proceedings in order
to provide its opinion in the case within the limits of its
competence.
(2) The authority referred to in Paragraph one of this Section
has the right to access the case materials, the right to
participate in the examination of evidence, and to submit
requests.
(3) A court may summon an institution to the proceedings in
order for the institution to provide its opinion in the case
within its competence. The summoned institution shall be obliged
to provide the court with the requested opinion.
[26 October 2006]
Section 31. Applicant
(1) An applicant is a private person who applies to a court
for it to control the legality and considerations of usefulness
of an administrative act issued by an institution or of the
actual action of an institution within the scope of discretionary
powers in order to decide on the validity or fulfilment of a
contract governed by public law or also to determine the public
legal obligations and rights of a private person. A private
person for the defence of whose rights and legal interests a case
has been initiated pursuant to an application of a legal entity
referred to in Section 29 of this Law shall also be considered to
be an applicant.
(2) Except for the cases prescribed by law, a private person
whose rights or legal interests have been infringed or may be
infringed may submit an application.
(3) A legal person governed by public law may be an
applicant:
1) in the cases regarding contracts governed by public
law;
2) in the events when a body governed by public law may be an
addressee of an administrative act or may be affected by the
actual action;
3) in other events specified in an external legal act.
[15 January 2004; 26 October 2006]
Section 32. Procedural Participation
in Court
(1) An application to a court may be submitted by several
applicants (co-applicants).
(2) Each co-applicant participates in proceedings
independently.
(3) Co-applicants may assign the conducting of the proceedings
to one applicant from amongst themselves or to one joint
representative.
(4) A court ruling shall be made separately in respect of each
co-applicant. Each co-applicant may use his or her procedural
rights independently from other co-applicants.
Section 33. Assumption of the
Procedural Rights of Participants to Administrative
Proceedings
(1) If a participant to administrative proceedings in a case
withdraws (a natural person dies, a legal person ceases to exist,
etc.), the institution or the court may replace such participant
to the administrative proceedings with its successor in
title.
(2) Assumption of procedural rights is possible at any stage
of the proceedings.
(3) All actions performed in the proceedings until the time
the successor in title enters therein shall be as mandatory for
the successor in title as they were for the person whose rights
have been assumed.
(4) A decision to refuse to replace a participant to the
proceedings with his or her successor in title in an institution
may be contested by the relevant person, an addressee or
potential addressee to a higher institution but if there is no
higher institution or it is the Cabinet - appealed to a court
within seven days after the relevant person has been notified of
the decision or it has become known to him or her otherwise. The
decision of a higher institution may be appealed to a court
within seven days. A court shall examine a complaint in the
written procedure.
(5) An ancillary complaint may be submitted regarding the
decision of a court (judge) to refuse to replace a participant to
the proceedings with his or her successor in title.
[2 February 2017]
Section 34. Defendant
(1) The Republic of Latvia, a local government or any other
derived legal person governed by public law (Section 22,
Paragraph one) or another body governed by public law in the case
referred to in Section 22, Paragraph two of this Law may be a
defendant in court.
(2) The institution from which an applicant requires
particular action or another authority if this is stipulated in a
legal act shall be summoned to participate as a defendant.
(3) If the applicant in a case regarding the validity or
fulfilment of a contract governed by public law is a legal person
governed by public law (Section 103, Paragraph three, Clause 3),
the defendant may also be a private person. In such case, the
legal provisions of Parts C and D of this Law shall be applied
respectively.
[15 January 2004]
Section 35. Right to Representation
in Administrative Proceedings
Participants to administrative proceedings may participate in
the proceedings with the assistance of or through their
representative. The representative may be any natural person
whose capacity to act has not been restricted by court or a legal
person with the restrictions specified in Sections 36 and 37 of
this Law.
[2 February 2017]
Section 36. Persons who May not Act
as Representatives in Administrative Proceedings
(1) The following persons may not act as representatives:
1) a person who has not reached the legal age or whose
capacity to act has been restricted by court;
2) a person who, according to the judgment of a court, has
been deprived of the right to conduct the cases of other
persons;
3) a person who has provided legal assistance in the same case
to another participant to such administrative proceedings (except
for the cases prescribed in Sections 26 and 32 of this Law).
(2) If any of the circumstances referred to in Paragraph one
of this Section are established, the institution or the court
shall not allow such person to participate in the examination of
the case.
[2 February 2017]
Section 37. Persons who May not Act
as Representatives of an Institution
(1) The following persons may not represent an institution in
administrative proceedings or perform procedural actions on part
of an institution:
1) a person for whom a conflict of interest arises or may
arise regarding the specific case;
2) a person regarding whose impartiality there is reasonable
doubt;
3) a person to whom other restrictions provided for by law
apply.
(2) A participant to the administrative proceedings may
request an institution or court in writing to replace a person
who participates in the case on part of the institution by
providing justification for such a request. The institution shall
take a decision concerning such request within seven days. If the
request is rejected, pursuant to the request of the submitter the
decision on such rejection shall be issued in writing. Such
decision may be contested to a higher institution but if there is
no higher institution or it is the Cabinet - appealed to a court
within seven days after the relevant person has been notified of
the decision or it has become known to him or her otherwise. The
decision of a higher institution may be appealed to a court
within seven days. A court shall examine a complaint in the
written procedure.
[26 October 2006; 1 November 2012]
Section 38. Formalising
Representation
(1) Representation of a natural person shall be drawn up as a
notarised power of attorney. If a representative of the natural
person is a sworn advocate, such authorisation shall be attested
to by a written power of attorney without notarial certification.
The natural person may also authorise his or her representative
orally before an institution or at the court on site. The
institution shall draw up such authorisation in writing, and an
authorising person shall sign it, whereas the oral authorisation
given during a court hearing shall be recorded using technical
means. If the course of the court hearing is recorded by writing
full minutes of the court hearing, the oral authorisation given
during the court hearing shall be recorded in the minutes of the
court hearing.
(2) Representation of an association of persons shall be drawn
up as a notarised power of attorney or attested to by a contract
giving rise to the right of the relevant person to represent the
association of persons without special authorisation. If a
representative of the association of persons is a sworn advocate,
such authorisation shall be attested to by a written power of
attorney without notarial certification.
(3) Representation of a legal person or an institution shall
be drawn up as a written power of attorney or attested to by
documents giving rise to the right of an official to represent
the legal person or institution without special authorisation.
The provisions of Sections 39 and 147 of this Law regarding the
requirement for special authorisation are not applicable to a
representative authorised by an institution.
(4) Neither the provisions of Section 40 of this Law regarding
revocation of representation, nor the provisions of Sections 39
and 147 of this Law regarding the requirement for special
authorisation shall apply to employees (officials) designated by
an institution.
(5) Parents, guardians, and trustees shall present documents
to the institution or court which attest to their rights.
(6) If a participant to administrative proceedings takes part
in the case himself or herself, he or she has the right to retain
a sworn advocate for the provision of legal aid. In such case,
authorisation of the advocate shall be attested to by a retainer.
If legal aid is provided by a provider of State ensured legal
aid, his or her authorisation shall be attested by an order
issued by the Legal Aid Administration regarding ensuring of
legal aid.
[15 January 2004; 26 October 2006; 18 December 2008; 11
November 2021]
Section 39. Scope of Authorisation
of a Representative
(1) An authorisation to conduct a case gives a representative
the right to perform all procedural actions on behalf of the
represented person, except for the actions for the performance of
which special authorisation is required by law.
(2) All procedural actions performed by a representative
within the framework of the authorisation given to him or her
shall be binding on a represented person.
Section 40. Revocation or
Renunciation of Representation
(1) The represented person may revoke the authorisation given
to the representative at any time by notifying of this in writing
or orally. An institution shall draw up such notice in writing
but a court shall record, using technical means. If the course of
the court hearing is recorded by writing full minutes of the
court hearing, the authorisation revoked during the court hearing
shall be recorded in the minutes of the court hearing.
(2) A representative has the right to withdraw from the
conduct of a case by informing a represented person and an
institution or a court thereof in writing in a timely manner.
[11 November 2021]
Chapter 4
Procedural Time Limits
Section 41. Determination of a
Procedural Time Limit
Procedural actions shall be performed within the time limits
prescribed by the law. If the law does not stipulate a procedural
time limit, it shall be determined by an institution, a court or
a judge. The length of the time limit specified by an
institution, a court or a judge shall be such that the procedural
action may be performed.
Section 42. Commencement of a
Procedural Time Limit
(1) A procedural time limit to be calculated in years, months
or days shall commence on the day following the date or event
indicating its commencement.
(2) A procedural time limit to be calculated in hours shall
commence from the hour following the event indicating its
commencement.
Section 43. Termination of a
Procedural Time Limit
(1) The final day of a time limit, which is calculated in
months, shall be the relevant date of the last month of the time
limit. If the last month of the time limit does not have the
relevant date, the final day of the time limit shall be the last
day of such month.
(2) If the final day of a time limit is Saturday, Sunday or a
public holiday specified in law, the following working day shall
be the final day of the time limit.
(3) A time limit determined until a particular date shall
expire on such date.
(4) A procedural action the time limit of which expires may be
performed until midnight of the final day of the time limit. If a
document is delivered to a communications institution (post) on
the final day of the time limit until midnight, it shall be
considered delivered within the time limit. If such action is to
be performed in an institution or a court, the time limit shall
be considered to have expired at the hour when the relevant
institution or court closes.
[26 October 2006]
Section 44. Consequences of Default
Regarding a Procedural Time Limit
The right to perform procedural actions shall lapse after
expiry of the time limit specified by law, an institution, a
court or a judge. Documents submitted after expiry of the
procedural time limit shall not be examined.
Section 45. Staying of a Procedural
Time Limit
If court proceedings in a case or the execution of an
administrative act unfavourable to an addressee are stayed, the
counting of the time limit shall be stayed. Counting of the time
limit shall be stayed at the moment when a circumstance which
serves as the ground for staying the time limit occurs. The
counting of the procedural time limit shall continue from the day
when the court proceedings in the case or the execution of the
administrative act are renewed.
Section 46. Renewal of a Procedural
Time Limit
(1) A delayed procedural time limit may be renewed by an
institution, a court or a judge upon a request of a participant
to administrative proceedings if the reason for default has been
recognised as justifying.
(2) In renewing the delayed time limit, an institution, a
court or a judge shall concurrently allow to perform the delayed
procedural action.
Section 47. Extension of a
Procedural Time Limit
(1) A time limit determined by an institution, a court or a
judge may be extended upon the request of a participant to
administrative proceedings.
(2) A request for the extension of a procedural time limit may
be submitted before expiry of the time limit determined by an
institution, a court or a judge. The request for the extension of
a procedural time limit submitted after expiry of the time limit
shall be considered a request for the renewal of the procedural
time limit.
[18 December 2008]
Section 48. Procedures for Extending
and Renewing a Procedural Time Limit
(1) A reasoned request for the extension of a procedural time
limit or for the renewal of a delayed procedural time limit shall
be submitted to the institution or court with regard to which the
delayed action had to be performed. The request for the renewal
of a delayed time limit shall be accompanied by evidence proving
the reasons justifying the delay of the time limit.
(2) An institution or a court (judge) shall decide the issue
regarding the renewal or extension of a procedural time limit in
the written procedure within one month.
(3) If an institution decides the issue regarding the renewal
or extension of a procedural time limit, the refusal thereof to
extend or renew the time limit may be contested and appealed. A
court shall decide this issue in the written procedure within one
month.
(4) If a court (judge) decides the issue regarding the renewal
of a procedural time limit, an ancillary complaint may be
submitted regarding the refusal of the court (judge) to extend or
renew the time limit.
[29 October 2006; 18 December 2008; 1 November
2012]
Section 49. Consequences of Failing
to Comply with the Time Limit Specified for an Institution
(1) The provisions of this Chapter regarding the counting of
the commencement of a procedural time limit (Section 42), the
termination of a procedural time limit (Section 43), and the
provisions of this Section shall apply to the time limit
prescribed by this Law or other laws and regulations for an
institution within which it is required to perform a procedural
action.
(2) If an institution fails to comply with the time limit
specified in this Law or another external legal act within which,
in the course of administrative proceedings, it is required to
perform a procedural action on behalf of a participant to the
administrative proceedings, this participant to the
administrative proceedings may submit a complaint to a higher
institution but if there is no higher institution or it is the
Cabinet - to a court. The higher institution shall, within seven
days, but the court shall, within a reasonable time limit, take a
decision by which it assigns the authority to perform the
relevant procedural action by setting a specific time limit. The
court shall examine a complaint in the written procedure.
(3) If an institution fails, within a specific term, to
execute the decision of a higher institution or the court
referred to in Paragraph two of this Section, the relevant
procedural action shall be deemed to have been performed, if that
is practically and legally possible. If that is not practically
or legally possible, a participant to administrative proceedings
for whose benefit the relevant time limit has been stipulated has
the right to claim compensation in accordance with the provisions
of Chapter 8 of this Law.
(4) If this Law or another legal act specifies a time limit
within which, in the course of administrative proceedings, an
institution is required to perform a procedural action which is
unfavourable to the submitter or the potential addressee of an
administrative act, such procedural action may no longer be
performed after expiry of the time limit, unless the delay of the
time limit on the part of the institution has proper
justification.
[26 October 2006; 1 November 2012; 11 November
2021]
Section 50. Consequences of Failing
to Comply with the Time Limit Specified for a Court
(1) The court shall perform procedural actions in compliance
with the counting of the commencement of a procedural time limit
(Section 42), the expiration of a procedural time limit (Section
43) prescribed in this Law, and with the provisions of this
Section.
(2) If a court fails to comply with the time limit for
performing a procedural action specified in this Law, a
participant to the administrative proceedings may submit a
complaint to the president of the court or chairperson of the
courthouse. The president of the court or the chairperson of the
courthouse may assign a judge to perform the relevant procedural
action by setting a specific time limit.
(3) Submission of a complaint regarding the action of a judge
may be grounds for removal of the judge.
(4) [18 December 2008]
[26 October 2006; 18 December 2008; 1 November
2012]
Part B
Administrative Proceedings in an Institution
Chapter 5
Jurisdiction, Co-operation, and Freedom of Information
Section 51. Jurisdiction in an
Administrative Case
An administrative case shall be examined by an institution in
accordance with the competence conferred on it by a legal
act.
Section 52. Change of
Jurisdiction
(1) If during the course of administrative proceedings the
institution which has jurisdiction in a case changes or it is
determined that the institution dealing with the case does not
have jurisdiction in regard to it, the case shall be transferred
to an institution which has jurisdiction in such case.
(2) If there is a change in territorial jurisdiction during
the course of administrative proceedings, a case may, pursuant to
the written consent of both institutions and the submitter, be
left to be examined by the previous institution.
Section 53. Co-operation in
Administrative Proceedings
(1) Pursuant to the request of the institution that has
jurisdiction in the case, another authority, irrespective of its
subordination, shall provide all necessary information as is at
its disposal, or other form of assistance. The assistance shall
be provided free of charge, except for the cases provided for by
laws and regulations.
(2) The assistance referred to in Paragraph one of this
Section may be denied by substantiating in writing that:
1) it is impossible for practical reasons;
2) it is impossible for legal reasons, in particular if the
information requested may not be provided in accordance with the
laws and regulations regarding information protection;
3) it may be provided by another institution using less
resources;
4) the resources necessary for providing assistance exceeds
the need of the relevant institution for such assistance.
(3) The institution may request a higher authority, in
accordance with the procedures of subordination of the relevant
authority, to evaluate the validity of the denial of assistance.
If there is no such authority or it is the Cabinet, the issue
shall be decided by an authority authorised by the Cabinet.
Section 54. Provision of
Information
(1) A private person and an institution which is not a
participant to the administrative proceedings shall be provided
with information in accordance with the Freedom of Information
Law, the Personal Data Protection Law, and other laws and
regulations.
(2) Information which reveals identity of the person who has
reported an infraction may only be provided with the consent of
this person, except for the cases specified in legal
provisions.
[26 October 2006]
Chapter 6
Conduct of Administrative Proceedings in an Institution
Section 55. Initiation of an
Administrative Case in an Institution
An administrative case in an institution shall be
initiated:
1) on the basis of an application;
2) on the basis of an initiative of the institution;
3) on the basis of an order of a higher institution or a
notification of another authority.
Section 56. Initiation of a Case on
the Basis of a Submission
(1) A submission may be submitted orally or in writing, also
electronically without a secure electronic signature if the
institution ensures that the identity of the natural person has
been verified in accordance with the Law on Electronic
Identification of Natural Persons. The given name, surname, and
place of residence of the submitter (for a legal person - the
name, address, registration number) and the claim shall be
indicated in the submission; it shall bear the signature of the
submitter. The institution shall immediately formalise an oral
submission in writing and the submitter shall sign it.
(11) If a submission has not been signed, has been
submitted without complying with the requirements of the Official
Language Law or is not accompanied by documents attesting to
authorisation, an institution shall leave the submission not
proceeded with and set a reasonable time limit for the submitter
to eliminate deficiencies indicated by the institution. If the
deficiencies indicated by the institution are not eliminated
within the specified time limit, the institution shall recognise
the submission as not submitted and may return it to the
submitter.
(12) If the content of the submission is outright
insulting and defiant, the institution may leave the submission
without examination.
(2) If the submission has not been submitted according to
jurisdiction, an authority may refuse to accept such submission.
A written notice shall be immediately issued to the submitter
regarding this in which the institution having jurisdiction in
the case shall also be indicated. The authority to which the
submitter has applied may also accept the submission and deliver
it to the institution that has jurisdiction in the case. If such
submission has been sent by mail, the relevant authority shall,
within seven days, forward it according to jurisdiction and
notify the submitter thereof.
(3) Disputes regarding jurisdiction in a case shall be decided
by a common higher authority in accordance with the procedures
regarding subordination or by an authority determined by the
Cabinet.
(4) An institution that has jurisdiction in the case shall
accept the submission of a person even if it considers that the
submission is not drawn up properly or is not well founded.
(5) An institution shall, insofar as possible, provide a
submitter with the necessary information or other form of
assistance for successful resolving of the matter in accordance
with the interests of the submitter.
[1 November 2012; 11 November 2021]
Section 57. Initiation of a Case on
the Basis of an Initiative of an Institution
An institution which has jurisdiction in a case shall initiate
an administrative case if it becomes aware of the facts on the
basis of which, in accordance with the legal provisions, a
relevant administrative act must or may be issued, and also where
an institution has grounds to believe that such facts may
exist.
Section 58. Initiation of a Case on
the Basis of an Order of a Higher Institution or a Notification
of Another Authority
(1) If a case is not within the jurisdiction of an institution
that has discovered the relevant facts but within the
jurisdiction of a lower institution, a higher institution shall
give an order to a lower institution to initiate an
administrative case.
(2) If a case is within the jurisdiction of another
institution, the authority that has discovered the relevant facts
shall notify the institution that has jurisdiction in the case
thereof. The institution that has jurisdiction in the case shall
decide on the initiation of an administrative case.
Section 59. Obtaining
Information
(1) After initiation of an administrative case, an institution
shall obtain information which, in accordance with laws and
regulations, is necessary in order to take the relevant decision.
In order to obtain the necessary information and achieve lawful,
fair, and efficient examination of a case, the institution shall
provide instructions and recommendations to participants to the
administrative proceedings as much as possible.
(2) Upon obtaining information, the institution may employ all
legal methods, and also obtain information from participants to
the administrative proceedings, other authorities, and also with
the assistance of witnesses, experts, inspections, documents, and
other type of evidence. If the information needed by an
institution is not at the disposal of participants to the
administrative proceedings but is at the disposal of another
authority, the institution shall acquire the information itself
rather than require it from participants to the administrative
proceedings.
(3) If the necessary information contains information on the
private life of a natural person (personal identity number,
nationality, citizenship, place of residence, marital status,
health condition, criminal record, income, property, religious
and political opinions or any other information), the institution
shall explain to the private person on the basis of which legal
act and for what purpose the institution wishes to obtain the
information, and also whether it is mandatory for the private
person to provide the information in accordance with an external
legal act or the provision thereof is voluntary.
(4) A participant to the proceedings shall have an obligation
to submit evidence at his or her disposal and inform an
institution of the facts that are known to him or her and might
be relevant to a specific case.
[15 January 2004; 26 October 2006]
Section 60. Restrictions on
Obtaining Information
(1) An institution may collect or require the submission of
such information which is provided for by the relevant legal act
or is directly necessary for deciding the case. Other information
may be appended to the case only if it is not possible to
separate it from the information necessary to take the
decision.
(2) An institution may not collect and use in administrative
proceedings information acquired by illegal methods.
Section 61. Right to Become
Acquainted with a Case
A participant to administrative proceedings has the right to
become acquainted with the case and express his or her opinion at
any stage of the proceedings. This right shall not extend to the
information which may not be disclosed in accordance with Section
54, Paragraph two of this Law or other laws. The opinion
submitted to the institution in writing shall be appended to the
case file.
[26 October 2006; 18 December 2008]
Section 62. Hearing of Participants
to Administrative Proceedings
(1) Upon deciding on the issue of an administrative act which
might be unfavourable to an addressee or a third person, an
institution shall clarify and evaluate the opinion and arguments
of the addressee or third person in the present case.
(2) It shall not be necessary to clarify the opinion and
arguments of a person if:
1) the issue of the administrative act is urgent, and any
delay directly poses a threat to the national security, public
order, environment, or life, health or property of a person;
2) the event is objectively insignificant;
3) it results from the substance of the case that the
clarification of the opinion of the person is impossible or
inadequate.
(3) If an administrative act has been issued in writing and
the opinion and arguments of a person have not been clarified, a
reason shall be stated in the basis for the administrative
act.
[18 December 2008]
Section 63. Issue of an
Administrative Act or a Decision to Terminate a Case
(1) After establishing the necessary facts and hearing the
participants to the administrative proceedings, an institution
shall immediately assess the circumstances of a case and issue
the following:
1) a mandatory administrative act if the legal provision to be
applied provides for the issue of an administrative act;
2) an optional administrative act if the institution has a
discretionary power, and the issue of an administrative act is
useful;
3) an administrative act by which it is fully or partly
rejected to issue an administrative act favourable to a submitter
due to the fact that there are no grounds for the issue of an
administrative act or the issue thereof is not useful;
4) a decision to terminate a case due to the lack of facts or
unusefulness if the case has been initiated upon initiative of
the institution, including on the basis of information
(complaint) provided by another private person.
(2) An institution shall notify a submitter, and also other
participants to the administrative proceedings who have been
asked to express their opinion, of the decision to terminate the
case and of the reasons thereof.
[26 October 2006]
Section 63.1 Concluding
an Administrative Contract
An institution may, at any stage of the administrative
proceedings, agree with participants to the proceedings on
concluding an administrative contract in accordance with the
procedures laid down in the State Administration Structure Law.
Both an institution and a private person may propose concluding
an administrative contract.
[18 December 2008]
Section 64. Time Limit for Issuing
an Administrative Act
(1) If an administrative case has been initiated on the basis
of a submission, an institution shall take the decision to issue
an administrative act within one month from the day of receipt of
the submission, unless the law specifies another time limit or
another legal act specifies a shorter time limit for issuing an
administrative act.
(11) If an institution has left a submission not
proceeded with in accordance with the procedures laid down in
Section 56, Paragraph 1.1 of this Law, the time limit
for issuing an administrative act shall be calculated from the
day of elimination of the deficiencies.
(2) If it is impossible to comply with the time limit
specified in Paragraph one of this Section for objective reasons,
the institution may extend it for a period not exceeding four
months from the day of receipt of the submission by notifying the
submitter thereof. If lengthy establishment of facts is
necessary, the time limit for issuing an administrative act may,
by a reasoned decision and by notifying the submitter thereof, be
extended by up to year by an institution to which an
administrative act may be contested but if there is no such
higher institution or it is the Cabinet, a decision shall be
taken by the head of the institution which issues the
administrative act. The decision on the extension of the time
limit may be contested and appealed. The court shall examine a
complaint in the written procedure.
(3) In urgent cases a submitter may, by submitting a reasoned
submission, request that an administrative act is issued within a
reduced time limit. The institution shall immediately examine
such submission and take a decision in writing. In the event of
refusal, the decision shall be immediately notified to the
submitter. Such decision may be contested and appealed. A court
shall examine a complaint in the written procedure.
(4) If an institution issues the relevant administrative act
before a court has examined a complaint regarding the decision of
the institution to extend the time limit for issuing an
administrative act or to refuse to issue this act within a
reduced time limit, the court shall terminate the proceedings
initiated in respect of this issue.
(5) An institution is entitled to postpone the examination of
a submission on the issue of an administrative act if
participants to the proceedings have agreed on a possibility to
conclude an administrative contract within a month from the day
of receipt of the submission. In such case the institution shall
resume the decision-making process if during drawing up of the
administrative contract any of the participants to the
administrative proceedings state that it does not wish to
conclude the administrative contract, and shall take a decision
within a month from the day when refusal to conclude the
administrative contract has been stated.
[26 October 2006; 18 December 2008; 1 November
2012]
Section 65. Considerations in Taking
a Decision to Issue an Administrative Act and Determining the
Content Thereof
(1) If an applicable legal provision prescribes that an
administrative act of specific content is to be issued (a
mandatory administrative act), an institution shall issue such
administrative act.
(2) If an applicable legal provision allows an institution to
decide whether to issue or not to issue an administrative act
but, in the event of issue, it determines specific content
thereof (an administrative act of free issue), the institution
shall consider the usefulness of the issue. If the institution
concludes that the administrative act is to be issued, it shall
issue an administrative act of such content as is provided for by
the applicable legal provision. If the institution concludes that
the issue of an administrative act is not useful, it shall
terminate the case.
(3) If an applicable legal provision prescribes that an
administrative act is to be issued but does not determine
specific content thereof (an administrative act of free content),
an institution shall issue such act by taking account of the
frameworks laid down in the applicable legal provision, and
determine the content of the administrative act within these
frameworks on the basis of the considerations of usefulness.
(4) If an applicable legal provision allows an institution to
decide whether to issue or not to issue an administrative act
but, in the event of issue, it does not determine specific
content thereof (an optional administrative act), the institution
shall first consider the usefulness of the issue. If the
institution concludes that the administrative act is to be
issued, it shall issue such act by taking account of the
frameworks laid down in the applicable legal provision, and
determine the content of the administrative act within these
frameworks on the basis of the considerations of usefulness. If
the institution concludes that the issue of an administrative act
is not useful, it shall terminate the case or refuse to issue the
administrative act (Section 63, Paragraph one, Clause 4).
[18 December 2008]
Section 66. Substance of
Considerations of Usefulness
(1) In considering the usefulness of the issue or content of
an administrative act (Section 65), an institution shall take the
decision on:
1) the necessity of the administrative act for the attaining
of a legal (legitimate) goal;
2) the suitability of the administrative act for the attaining
of the relevant goal;
3) the need for the administrative act, that is, whether it is
possible to attain such goal by means which are less restrictive
on the rights or legal interests of participants to the
administrative proceedings;
4) the conformity of the administrative act, comparing the
infringement of the rights of a private person and the benefits
for the public interest, taking into account that substantial
restriction on the rights of a private person may only be
justified by a significant benefit to the public.
(2) The restriction on human rights, if this in substance
deprives the addressee of the relevant rights, is not
proportionate in any case.
[15 January 2004]
Section 67. Form and Components of
an Administrative Act
(1) An administrative act shall be issued in writing, except
for the cases referred to in Section 69 of this Law.
(2) An administrative act issued in writing shall include the
following components:
1) the name and address of the institution;
2) the addressee (for a natural person - given name, surname,
place of residence or other information as is of assistance in
identifying a person; for a legal person - name, address,
registration number);
3) if the administrative case is initiated on the basis of a
submission - the claim of the submitter;
4) opinions and arguments of the participants to the
administrative proceedings if such have been expressed;
5) determination of facts;
6) basis for the administrative act, including, in particular,
considerations of usefulness (Sections 65 and 66);
7) a separate list of the legal provisions applied (indicating
also the section, paragraph, clause or sub-clause of the legal
act);
8) the legal obligation imposed on the addressee (a specific
action or prohibition of a specific action) or the rights
granted, approved or rejected regarding such addressee;
9) an indication as to where and within what term such
administrative act may be contested or appealed.
(3) The part of the determination of facts of an
administrative act shall indicate the evidence upon which
conclusions are based and the arguments on the basis of which
evidence has been rejected.
(4) An institution shall base an administrative act upon the
Constitution, laws, Cabinet regulations or binding regulations of
local governments, provisions of international law or the
European Union, and also general principles of law. The basis
part shall indicate the section, paragraph, clause or sub-clause
of the relevant external legal act.
(5) An institution may use arguments in the basis for an
administrative act that have been expressed in court judgments
and legal literature, and also other special literature.
(6) An institution may not base an administrative act upon an
internal legal act. If the institution has applied an internal
legal act, this shall be indicated in the basis for the
administrative act, indicating the issuer, the date of issue, the
name of the internal legal act, and the applied legal provision.
Such indication is of informative nature.
(7) If an institution satisfies the claim of a submitter in
full and other participants to the administrative proceedings
have not expressed divergent opinions, the information referred
to in Paragraph two, Clauses 4, 6, and 9 of this Section is not
required.
(8) If it is necessary for an institution to verify
information containing an official secret in order to clarify
circumstances of the case, such information shall not be
reflected in an administrative act.
(9) An administrative act may contain a warning regarding
compulsory execution which has been drawn up in compliance with
the requirements referred to in Section 361 of this Law.
[15 January 2004; 26 October 2006; 1 November 2012; 2
February 2017]
Section 68. Conditions of an
Administrative Act
(1) If an applicable legal provision provides for inclusion of
a condition restricting the operation of an administrative act
(for example, a time limit, a precondition, a task, a
reservation) in the administrative act, the institution shall
indicate this in the administrative act.
(2) If an applicable legal provision does not provide for
inclusion of a restricting condition in the administrative act,
the institution may include it:
1) if it may decide independently on the issue of the relevant
administrative act or the content thereof;
2) in order to achieve compliance of the administrative act
with legal provisions.
(3) A condition shall be commensurate with the content of the
administrative act and it shall conform to the meaning and
purpose of the administrative act.
[18 December 2008]
Section 69. Non-compliance with the
Form of an Administrative Act
(1) An administrative act may be issued orally or otherwise
without complying with the provisions of Section 67 of this Law
if one of the following conditions is present:
1) the issue of the administrative act is urgent, and any
delay poses a direct threat to the national security, public
order, environment, or life, health or property of a person;
2) it is provided for by the legal act to be applied;
3) the case is objectively insignificant;
4) the issue of an administrative act in writing is impossible
or inadequate.
(2) If an administrative act is issued in a form other than in
writing, or it is issued in writing but does not comply with the
requirements of Section 67 of this Law, the participant to the
proceedings has the right to, within one month, request that the
institution draws it up in writing in compliance with the
requirements of the abovementioned Section. The institution shall
draw this administrative act up within 14 days after receipt of
the relevant request and notify the addressee thereof in
accordance with the procedures laid down in the Law on
Notification. A term for contestation shall start after the
notification of this act or refusal.
(3) If an administrative act has ceased to be in effect until
the submission of a request, an institution shall issue it:
1) if it is necessary for the addressee in order to protect
his or her rights or legal interests, or the rights or legal
interests of another private person;
2) in order for compensation to be claimed in accordance with
the provisions of Chapter 8 of this Law;
3) in order to prevent recurrence of similar cases.
[15 January 2004; 18 December 2008; 1 November
2012]
Section 70. Notification and
Validity of an Administrative Act
(1) Provided that it is not otherwise stipulated in an
external legal act or the administrative act itself, an
administrative act shall come into effect at the time the
addressee is notified of it. The manner in which the addressee is
notified of the administrative act - in writing, orally or
otherwise - shall not affect its coming into effect.
(2) An addressee shall be notified of an administrative act in
accordance with the Law on Notification. If an institution
decides to send an unfavourable administrative act by post, it
shall be sent as a registered postal item.
(3) An administrative act shall be in effect until it is
revoked, executed, or may no longer be executed because of a
change in the actual or legal circumstances.
[26 October 2006; 18 December 2008; 1 November 2012; 2
February 2017]
Section 71. Notification of an
Administrative Act to Other Persons
(1) An administrative act shall notified to a third
person.
(2) If an administrative case has been initiated on the basis
of information whose submitter is not a participant to the
administrative proceedings, the submitter shall be notified of
the fact that the administrative case has been examined and of
the outcome of the examination thereof.
(3) An administrative act shall be notified repeatedly if an
institution has corrected clerical errors or mathematical
miscalculations in the components thereof referred to in Section
67, Paragraph two, Clause 7, 8 or 9 of this Law.
[1 November 2012]
Section 72. Correction of Errors
(1) An institution may at any time correct manifest clerical
errors or mathematical miscalculations as well as other errors
and deficiencies in the text of an administrative act if that
does not change the substance of the decision.
(2) An addressee has the right to request that errors referred
to in Paragraph one of this Section be corrected.
[1 November 2012 / See Paragraph 14 of the Transitional
Provisions]
Section 73. Explanation of an
Administrative Act
An addressee has the right to request an institution to
explain the obligation imposed by an administrative act orally
or, pursuant to the request of the addressee, in writing. This
shall not affect the validity of and time periods regarding the
administrative act.
Section 74. Invalid Administrative
Act
(1) An administrative act shall be invalid if:
1) it is not objectively discernible who has issued it;
2) it has been issued by an institution that does not have
jurisdiction to issue the specific administrative act (except for
the case referred to in Section 52, Paragraph two);
3) [2 February 2017];
4) it requires the addressee to violate the legal provisions
or to perform actions that are practically or legally
impossible.
(2) An addressee shall immediately notify the institution of
his or her doubts about the validity of an administrative act. If
the institution considers that the doubts of the addressee are
unfounded (and the administrative act may be contested), it shall
inform the addressee thereof within seven days, appropriately
extending the term for contesting prescribed by law.
[2 February 2017]
Section 75. Contestable
Administrative Act
(1) An administrative act shall be in effect but may be
contested if:
1) the legal obligation imposed on the addressee (specific
action or prohibition of specific action) or rights granted,
approved or refused to him or her may not be unambiguously
construed therefrom;
2) this Law or other legal provisions which determine the
procedure for issuing the relevant administrative act have not
been complied with in the course of administrative proceedings
(procedural error);
3) based upon its content, it is in conflict with the legal
provisions, also when the institution has incorrectly applied the
legal provisions (or has relied upon erroneous facts), or it has
not complied with the hierarchy of the legal force of legal
provisions or has erred in the considerations of usefulness
(content error).
(2) If a contestable administrative act is not contested, it
shall be in effect until it is set aside, executed or may no
longer be executed because of a change in the actual or legal
circumstances.
Section 76. Right to Contest an
Administrative Act
(1) An administrative act may be contested by an addressee, a
third person, a legal entity referred to in Section 29 of this
Law, and also by a private person whose rights or legal interests
are restricted by the relevant administrative act and who has not
been summoned to the administrative proceedings as a third
person.
(2) An administrative act may be contested to a higher
institution in accordance with the procedures regarding
subordination. The law or Cabinet regulations may determine
another institution where the relevant administrative act may be
contested. If there is no such institution or it is the Cabinet,
the administrative act may be contested to the institution which
has issued this act or appealed directly to the court. If the
administrative act is contested to the institution which has
issued it, the contestation proceedings shall be subject to the
provisions which are provided for in this Law with regard to a
higher institution.
(3) The contestation of an administrative act is a
continuation of the initial administrative case. The provisions
of this Law apply thereto, except for the contestation
procedures.
(4) If an administrative act is not contested within the term
stipulated in Section 79 of this Law, it may no longer be
contested. The same institution which examines a submission on
the contestation of an administrative act shall decide on the
request to renew a term.
[15 January 2004; 26 October 2006; 1 November 2012]
Section 77. Procedures for
Contesting an Administrative Act
(1) A submission on the contestation of an administrative act
shall be submitted in writing or orally to the institution which
has issued this act. If the submission is expressed orally, the
institution shall immediately draw it up in writing and the
submitter shall sign it. If the grounds for the error in the
administrative act included in the submission, which has been
submitted in writing, are extensive, the institution may request
the submitter to submit a summary thereof.
(2) If a submission on the contestation of an administrative
act has not been signed, has been submitted without complying
with the requirements of the Official Language Law or is not
accompanied by the documents attesting to authorisation, an
institution shall leave the submission not proceeded with and set
a reasonable term for the submitter to eliminate deficiencies
indicated by the institution. If the deficiencies indicated by
the institution are not eliminated within the specified term, the
institution shall recognise the submission on the contestation of
the administrative act as not submitted and may return it to the
submitter.
(3) If the submission on the contestation of the
administrative act complies with the requirements of the law or
the deficiencies have been eliminated within the term specified
by the institution, the institution shall immediately send the
submission to a higher institution for examination.
[1 November 2012; 2 February 2017]
Section 77.1 The Right of
an Institution to Set Aside the Contested Administrative Act
Issued by it
In the event where a submission has been submitted regarding
the contestation of an administrative act issued by an
institution, this institution may set aside the contested
administrative act and issue a new one without sending a
submission on the contestation of the administrative act to a
higher institution in the following cases:
1) the submitter has not concurrently asked for compensation
in his or her submission on the contestation of the
administrative act;
2) the new administrative act issued by the institution does
not cause unfavourable consequences to the submitter of the
submission on the contestation of the administrative act.
[1 November 2012]
Section 78. Submission on the
Contestation of an Administrative Act
(1) The following shall be indicated in a submission on the
contestation of an administrative act:
1) which administrative act is being contested;
2) to what extent the administrative act is contested, and how
the error in the administrative act manifests itself;
3) request.
(2) An opinion may be expressed in the submission on the
contestation of an administrative act as to a possibility of
entering into a settlement and possible provisions of a
settlement.
(3) A submitter may revoke his or her submission on the
contestation of an administrative act until the moment when a
higher institution takes a decision on this act or an institution
which has issued the contested administrative act issues a new
administrative act.
[1 November 2012; 2 February 2017]
Section 79. Term for Contesting an
Administrative Act
(1) An administrative act may be contested within one month
from the day it comes into effect, but if there is no indication
as to where and within what term such administrative act may be
contested - within one year from the day it comes into
effect.
(2) A private person whose rights or legal interests are
restricted by the relevant administrative act and who has not
been summoned to participate in the administrative proceedings as
a third person may contest such administrative act within one
month from the day when the private person becomes aware of it
but not later than within one year from the day the relevant
administrative act comes into effect.
(3) A higher institution shall refuse examination of the
submission on contestation on the merits if it has been
submitted:
1) without complying with the term for the contestation and if
the submitter thereof has not asked for the renewal of a
procedural time limit;
2) more than three years after the day the administrative act
has come into effect or three years after the day when the actual
action of an institution was found out or was supposed to be
found out. The time limit referred to in this Clause may not be
renewed.
(4) The decisions referred to in Paragraph three of this
Section may be appealed within one month from the day of their
coming into effect. A court shall examine a complaint in the
written procedure within one month.
[15 January 2004; 18 December 2008; 1 November 2012; 11
November 2021]
Section 80. Suspension of Operation
of a Contested Administrative Act
(1) A submission on the contestation of an administrative act
shall suspend the operation thereof from the day when an
institution has received the submission, except for the cases
provided for in Section 360, Paragraphs two and three of this
Law, and also in the cases where the submission has been
submitted by an addressee of a favourable administrative act in
order to achieve the issue of a more favourable administrative
act or if the submission has been submitted regarding a general
administrative act.
(2) If a higher institution upholds the administrative act,
the operation of the administrative act shall resume from the day
when the term for appealing the administrative act has expired
and it has not been appealed. If the contestation of the
administrative act suspends the operation thereof but the appeal
in accordance with Section 185, Paragraph four of this Law does
not suspend the operation of the administrative act, the
operation of the relevant administrative act shall resume from
the day when the term for the appeal of the administrative act
has expired.
[26 October 2006; 18 December 2008]
Section 80.1 Evaluation
of Possibilities to Enter into a Settlement
In examining a submission on the contestation of an
administrative act, an institution shall, prior to taking a
decision, consider a possibility to enter into a settlement
(administrative contract). If the institution recognises that it
is possible to enter into a settlement, it shall inform a private
person of the settlement process and possible provisions of the
settlement in order for this person to express his or her opinion
on the possibility to enter into a settlement.
[1 November 2012]
Section 81. Decision on the
Contested Administrative Act
(1) A higher institution shall re-examine the case on the
merits in general or in the part to which the objections of the
submitter are applicable. In taking a decision on the contested
administrative act, a higher institution shall inter alia follow
the form specified in the State Administration Structure Law
according to which subordination over a lower institution is
implemented, and also the type of the contested administrative
act (Section 65).
(2) A higher institution by its decision may:
1) uphold the administrative act;
2) set aside the administrative act;
3) set aside the administrative act in a part thereof;
4) issue a different administrative act in terms of its
content;
5) determine whether an administrative act, which has ceased
to be in effect (Section 82), was legal or illegal.
(3) A decision on a contested administrative act (an
administrative act) may not be more unfavourable to the interests
of the addressee than the contested administrative act, except
for the case where it is determined by a higher institution that
the rule of substance has been violated or such procedural legal
provisions have been violated which protect the public
interest.
(4) If the grounds for contestation are referred to in the
submission on the contestation of an administrative act, the
arguments relating to such grounds of the submitter shall be
indicated in the basis for the decision of the higher
institution.
(5) A contested administrative act shall be finally formalised
in such form as it was formalised in the decision on the
contested administrative act. It shall be executed and may be
appealed to a court in such form.
[15 January 2004; 26 October 2006]
Section 82. Contestation of a
Revoked Administrative Act and Procedural Violations
(1) An administrative act may be contested if it has already
been executed or has otherwise been revoked in the following
cases:
1) for claiming compensation in accordance with Chapter 8 of
this Law;
2) in order to prevent recurrence of similar cases.
(2) If an administrative act is revoked during the course of
the contestation proceedings thereof but the submitter
substantiates the necessity to continue such proceedings, the
proceedings shall be continued until a decision on the contested
administrative act is taken.
(3) If a person agrees to the operative part of the
administrative act (Section 67, Clause 8), in the cases specified
in Paragraph one of this Section a submission on the contestation
thereof may also be submitted regarding the establishing of a
procedural violation committed in the process of the issue of the
administrative act if it has caused a significant infringement of
rights or legal interests of a person. Such submission on the
contestation shall be submitted in accordance with the same
procedures and within the same term as a submission on the
contestation of the entire administrative act in general.
[18 December 2008]
Section 83. Setting Aside of an
Incontestable Administrative Act
(1) An institution may, upon its own initiative or upon a
submission of a person, re-initiate administrative proceedings
and decide to set aside an administrative act in accordance with
the provisions of Sections 85-88 of this Law.
(2) An administrative act shall be set aside by a new
administrative act.
(3) Administrative proceedings may be re-initiated by an
institution which has jurisdiction in the case, irrespective of
which institution has issued the relevant administrative act in
the initial administrative proceedings.
[18 December 2008]
Section 84. Lawfulness of an
Administrative Act
An administrative act shall be lawful if it conforms to legal
provisions but unlawful - if it does not conform to legal
provisions.
Section 85. Setting Aside of a
Lawful Administrative Act
(1) A lawful administrative act unfavourable to an addressee
may be set aside at any time, except for the case where, in
accordance with the legal provisions, an administrative act of
the same content should be re-issued immediately.
(2) A lawful administrative act favourable to the addressee
may be set aside if at least one of the following circumstances
exist:
1) a legal provision provides for setting aside of an
administrative act or an administrative act contains a
reservation of setting aside thereof;
2) the administrative act has been issued under some other
condition and such condition has generally not been fulfilled,
has not been adequately fulfilled or has not been fulfilled in a
timely manner;
3) [2 February 2017];
4) the actual or legal circumstances of the case have changed,
and if such circumstances would exist at the time the
administrative act was issued, the institution may have not
issued such administrative act, and the remaining of the
administrative act in effect affects substantial public
interest.
(3) If the administrative act is set aside in accordance with
Paragraph two, Clause 4 of this Section, the relevant legal
person governed by public law shall, in accordance with Chapter 8
of this Law, compensate the addressee for losses and non-material
damage caused to him or her as a result of setting aside of the
administrative act.
(4) An institution may, in compliance with the provisions of
this Section, set aside or amend also a lawful administrative
contract, except for a settlement.
[15 January 2004; 18 December 2008; 2 February 2017; 11
November 2021]
Section 86. Setting Aside of an
Unlawful Administrative Act
(1) An unlawful administrative act unfavourable to the
addressee may be set aside at any time.
(2) An unlawful administrative act favourable to the addressee
may be set aside if at least one of the following circumstances
exist:
1) the addressee has not yet exercised his or her rights which
are confirmed or granted by such administrative act;
2) a legal provision provides for setting aside of an
administrative act or an administrative act contains a
reservation of setting aside thereof;
3) the remaining of the administrative act in effect affects
substantial public interest. If the addressee has received money
or other benefits on the basis of such administrative act, the
administrative act shall cease to be in effect from the day of
its setting aside. The relevant legal person governed by public
law shall, in accordance with Chapter 8 of this Law, compensate
the addressee for losses or non-material damage incurred thereby
as a result of setting aside the administrative act;
4) the addressee has achieved the issue of the administrative
act by knowingly providing false information, by bribery, duress,
threats or other illegal actions. In such case, the institution
shall evaluate the unlawfulness of the actions carried out by the
addressee and shall set aside the administrative act from the day
of its issue. The addressee has an obligation to reimburse the
relevant body governed by public law for everything such
addressee has obtained from the body governed by public law on
the basis of the administrative act. The institution may specify
an amount of compensation in the administrative act;
5) the unlawfulness of the administrative act is so manifest
that the addressee of the act could and should have known it.
(3) The setting aside of an administrative act in accordance
with Paragraph two, Clause 1 of this Section is permissible
within three months from the day when the institution came to
know that it is possible to set it aside but not later than
within one year from the day it has come into effect.
(4) An institution may, in compliance with the provisions of
this Section, set aside or amend also an unlawful administrative
contract, except for a settlement.
[15 January 2004; 26 October 2006; 18 December 2008; 2
February 2017; 11 November 2021]
Section 87. Re-initiation of
Administrative Proceedings on the Basis of a Submission
(1) If an administrative act has become incontestable,
administrative proceedings regarding the same case may be
re-initiated on the basis of a submission of the addressee if at
least one of the following circumstances exist:
1) the actual circumstances of the case which were the basis
for taking the decision have changed;
2) the legal circumstances of the case have changed in favour
of the addressee;
3) the European Court of Human Rights or another international
or supranational court has made a ruling in this case from which
it follows that the administrative proceedings have to be
re-initiated. In such case, the institution, upon taking a
decision in the resumed case, shall rely on the facts determined
in the relevant court ruling and the legal assessment
thereof;
4) the new evidence has become known or available to the
addressee which was not at his or her disposal until the issue of
the initial administrative act and which could form the grounds
for the issue of an administrative act more favourable to the
addressee.
(2) If an administrative act has become incontestable,
administrative proceedings regarding the same case may be
re-initiated on the basis of a submission of a third person if
the following aggregate of circumstances is present:
1) the actual or legal circumstances of the case which formed
the basis for taking the decision have changed in favour of such
private person;
2) the addressee has not yet exercised his or her rights which
are granted or confirmed by the relevant administrative act.
(3) A submission on the re-initiation of administrative
proceedings may be submitted:
1) while the administrative act is in effect;
2) within six months from the day when the relevant
participant to the administrative proceedings came to know of the
facts giving him or her the right to do this.
(4) A submission on the re-initiation of the administrative
proceedings in the same case shall be submitted to the
institution which has jurisdiction in the case in the
re-initiated administrative proceedings.
(5) A refusal of the institution to re-initiate administrative
proceedings may be contested and appealed within a month from the
day of entry into force of the decision. A court shall examine a
complaint in the written procedure.
(6) If a submission on the re-initiation of administrative
proceedings has been submitted while the administrative act has
not become incontestable, such submission shall be considered a
submission on the contestation of an administrative act.
(7) Provisions of this Section shall also be applicable to the
amending or setting aside of an administrative contract, except
for a settlement.
[15 January 2004; 18 December 2008; 1 November 2012; 2
February 2017]
Section 88. Obligation of an
Institution to Re-initiate Administrative Proceedings
An institution shall be obliged to re-initiate administrative
proceedings in the same case if it is necessary to enforce the
following judgment or ruling made in this case:
1) a judgment made by the Constitutional Court by which the
applied legal provision has been recognised as non-compliant with
a legal provision of higher legal force;
2) a ruling of the European Court of Human Rights or another
international or supranational court. In such case, the
institution, upon taking a decision in the resumed case, shall
rely on the facts determined in the relevant court ruling and the
legal assessment thereof.
[18 December 2008]
Chapter 7
Actual Action of an Institution
Section 89. Concept of Actual Action
of an Institution
(1) An actual action shall constitute an action of an
institution in the field of public law which does not manifest
itself in the form of a legal act and which is oriented towards
creation of actual consequences if a private person has the right
to this action or an infringement of subjective rights or legal
interests of a person has resulted or may result from this
action. Actions of an institution which, irrespective of the
intention of the institution, cause actual consequences which
have resulted or may result in a significant infringement of
rights of a private person shall also be recognised as the actual
action. Procedural actions of an institution (actions which lack
the nature of the final regulation) shall not constitute the
actual action.
(2) An actual action is also the failure to act of an
institution if the institution, in accordance with the legal
provisions, had or has an obligation to perform some action, and
also a statement issued by the institution.
[15 January 2004; 26 October 2006]
Section 90. Considerations and
Notification of Actual Action of an Institution
(1) Considerations of an institution in planning or performing
an actual action shall be the same as those in issuing an
administrative act (Sections 65 and 66).
(2) If an institution has foreseen or should have foreseen its
actual action prior to the performance of the actual action, the
institution shall notify the relevant person of the need for,
place and time of the actual action. Such notification may be
individual or public.
[26 October 2006]
Section 91. Submission on the Actual
Action of an Institution and Contestation and Appeal of the
Actual Action
(1) A person who believes that his or her rights or legal
interests are or may be infringed by a planned or an already
commenced actual action of an institution may have recourse to
the institution with a submission for changing the intention of
the institution in respect of this actual action.
(2) The institution shall examine and evaluate the submission
before performing or, if it is possible, before completing the
actual action. The institution shall notify its decision in
accordance with general procedures. A private person may contest
and appeal this decision of the institution as an administrative
act.
(3) A private person who believes that a statement issued by
the institution is incorrect may have recourse to the institution
with a submission for issuing a correct statement. If the
institution does not satisfy the request of the submitter, the
submitter may contest and appeal this decision of the institution
as an administrative act. A ruling of a District Administrative
Court in a case regarding the statement issued by an institution,
the failure to issue a statement or the refusal to issue a
statement shall not be subject to appeal.
(4) In any other cases a private person may contest and appeal
the actual action of an institution like an administrative
act.
[26 October 2006; 18 December 2008]
Chapter 8
Compensation
Section 92. Right to
Compensation
Everyone is entitled to claim appropriate compensation for
financial loss or non-material damage which has been caused to
him or her by an administrative act or an actual action of an
institution. The right to claim compensation in accordance with
the procedures of administrative proceedings shall also be
applicable to the cases where losses or damage has been caused by
unreasonable action of an institution or enforcement authority
(except for the case where an enforcement authority is a bailiff)
at the enforcement stage of administrative proceedings.
[15 January 2004; 1 November 2012; 11 November
2021]
Section 93. Contestation and Appeal
Procedures in Cases Regarding the Compensation
(1) A compensation may be claimed concurrently with submitting
a submission on the contestation of an administrative act or
actual action.
(2) If an administrative act or actual action may be appealed
to a court without contestation or if losses or damage has been
caused by a higher institution in the contestation proceedings, a
compensation may also be claimed concurrently with the submission
of an application for the contestation of an administrative act
or actual action.
(3) If the compensation has not been claimed concurrently with
the contestation or appeal of an administrative act or actual
action, a submission on the compensation may be submitted to the
institution which has caused losses or damage. The compensation
may be claimed from the institution if the examination of the
relevant administrative case has been completed on the merits (a
decision of a higher institution has come into effect and it has
not been appealed, a court judgment has come into effect, or
proceedings have been terminated in the case on the basis of
Section 282, Clause 7 of this Law). The provisions of this Law
regarding the administrative act shall be applicable to a
submission on the examination of compensation.
(4) A claim to compensate for loss or damage caused by an
administrative act or actual action for which special appeal
procedures have been laid down in the law shall be examined in
accordance with the same procedures as those laid down for
examining the relevant administrative act or actual action before
a court.
(5) A compensation for losses or damage caused at the
execution stage of an administrative act or enforcement stage of
a court ruling may be claimed separately after the court has
examined a complaint regarding the action of an institution or
enforcement authority (Section 358, Paragraphs five and six,
Section 363, Paragraph one, Section 376, Paragraph two). A claim
shall be examined in accordance with the same procedures as those
by which the court examines an application for the relevant
administrative act at the execution stage of which losses or
damage has been caused.
[18 December 2008; 1 November 2012; 2 February
2017]
Section 94. Obligation to
Compensate
(1) Compensation shall be claimed from:
1) the Republic of Latvia if the financial loss or
non-material damage was caused by an institution of direct
administration;
2) a local government or other derived legal person governed
by public law if the financial loss or non-material damage was
caused by an institution of indirect administration fulfilling
functions which are within the scope of the autonomous competence
of the relevant legal person governed by public law;
3) the Republic of Latvia if the financial loss or
non-material damage was caused by an institution of indirect
administration fulfilling the functions or tasks of the Republic
of Latvia;
4) another body governed by public law if it has procedural
legal capacity and has its own independent budget (Section 22,
Paragraph two) which is not part of the budget of any legal
person governed by public law referred to in Paragraph one,
Clause 1 or 2 of this Section and the body governed by public law
has caused loss or non-material damage in a sphere where it
operates within the limits of its own budget.
(2) If an institution is financed from various budgets and it
is not possible to separate the tasks of which legal person
governed by public law it is implementing, the compensation shall
be claimed from the budget of the legal person governed by public
law from which the institution receives the most financing. If
the financing of two or more bodies governed by public law is the
same, the compensation shall be claimed from one body governed by
public law at the choice of the submitter or applicant. If one of
the budgets is the State basic budget, the compensation shall be
claimed from the Republic of Latvia.
(3) If an institution is a private person, the compensation
shall be claimed from the legal person governed by public law
referred to in Paragraph one of this Section whose body or
institution has conferred public powers on the private
person.
(4) The obligation to compensate may be fulfilled by the
relevant body governed by public law by renewing the situation
which existed before the loss or damage was caused, or if that is
not possible or fully possible or is not adequate, by paying the
appropriate compensation in money.
[15 January 2004; 11 November 2021]
Section 95. Determination of
Compensator
(1) If, upon claiming the compensation, the relevant body
governed by public law referred to in Section 94 of this Law has
not been indicated correctly, the institution shall accept the
submission for compensation and itself shall determine the
relevant body governed by public law.
(2) If a dispute arises between bodies governed by public law
as to from which body governed by public law referred to in
Section 94 of this Law the compensation is to be claimed, a
submitter of the submission for the compensation may have
recourse to the court if the relevant bodies governed by public
law have failed to reach an agreement within one month. The court
itself shall determine the body governed by public law from which
the compensation is to be claimed.
(3) The submitter (applicant) shall be notified of the
decision taken in accordance with Paragraph one or two of this
Section.
[15 January 2004; 26 October 2006]
Section 96. Obligation of Submitter
to Reduce Losses and to Co-operate
A submitter has an obligation, within the limits of his or her
knowledge and as far as practicable, to make every possible
effort to reduce his or her losses or damage, and also to inform
the institution of the circumstances it needs to know in order to
determine the basis of liability of the relevant body governed by
public law and the amount of losses or damage caused. If the
submitter unjustifiably fails to perform this obligation, he or
she may not refer to the relevant circumstances later, when
contesting the decision of the institution to a higher
institution or when appealing to a court.
[15 January 2004]
Section 97. Application of
Principles of Civil Law to Determination of the Amount of
Compensation
When determining the preconditions of the financial loss and
non-material damage and the amount of compensation, the
principles of civil law shall be applied unless the law specifies
otherwise.
[15 January 2004; 11 November 2021]
Chapter 9
Statement on One's Rights
Section 98. Right to a Statement on
One's Rights
(1) A private person has the right to receive a statement on
his or her rights in a specific legal situation (hereinafter -
the statement).
(2) A submission on a statement shall be submitted to an
institution within whose competence it lies to decide the issue
on its merits.
(3) The following shall be included in a submission on a
statement:
1) a description of facts;
2) a specific question arising from the stated facts and the
answer to which depends on the legal assessment thereof;
3) an explanation as to why such statement is necessary;
4) at the discretion of the submitter - also legal
considerations.
(4) If the answer to the question depends on considerations of
usefulness (Sections 65 and 66), the right to the statement shall
apply to the determination of the discretion granted to the
institution. The institution in its answer may refer to general
considerations as to how such discretion is to be used. The legal
effects stipulated in Section 101, Paragraphs two and three of
this Law shall not apply to these considerations.
(5) Unless this Chapter prescribes otherwise, the provisions
of this Law pertaining to an administrative act shall be
applicable to the statement to the extent they are applicable
having regard to the substance of the statement.
[15 January 2004]
Section 99. Preparation of the
Statement
(1) When preparing the statement, the institution may require
additional information from the submitter, if necessary.
(2) When preparing the statement, the institution may request
assistance from a higher institution, the Ministry of Justice,
and other authorities.
(3) Prior to notifying the statement to the addressee thereof,
the institution shall, in a timely manner, send a copy of the
statement to a higher institution. Following notification of the
statement the institution shall send a copy thereof to the
authorities for which this statement may be of interest or which
were involved in the drawing up thereof.
(4) The Cabinet shall lay down the procedures by which the
institutions involved in the drawing up and coordination of the
statement cooperate.
[26 October 2006]
Section 100. Form of the
Statement
The statement shall be issued in writing. It shall have the
following components:
1) the name of the institution;
2) the addressee of the statement (for a natural person -
given name, surname, place of residence or other information as
assists in identifying the person; for a legal person - name,
address, registration number);
3) the submitter if he or she is not identical with the
addressee of the statement;
4) the submitted description of facts, the question and the
explanation as to why the addressee of the statement requires
such statement;
5) the answer to the question;
6) the legal basis for the answer;
7) a separate list of legal provisions applied (indicating
also the section, paragraph, clause or sub-clause of the legal
act).
Section 101. Legal Effects of and
Contesting the Statement
(1) The statement shall not be binding on the addressee of the
statement. The legal effects of a statement for an institution
are stipulated in the provisions of Paragraphs two and three of
this Section.
(2) If the addressee of the statement has acted in conformity
with the statement issued thereto, the administrative act issued
later by the institution concerning the question regarding which
the statement was given may not be more unfavourable to the
addressee, even if the institution later determines that the
statement was not correct.
(3) If the question regarding which the statement was given is
one of many questions to be evaluated by the institution in a
later administrative case, such evaluation may not be more
unfavourable to the addressee, except for the case where the
total outcome of the case otherwise would be more unfavourable to
the addressee or it would be unlawful.
(4) The statement may be contested to a higher institution. If
there is no such institution or it is the Cabinet, the statement
may not be contested. It may not be appealed to a court.
(5) The legal effects stipulated in Paragraphs two and three
of this Section shall not come into effect if the statement has
not been issued in writing or it has been obtained by knowingly
providing false information, or by bribery, duress, threats or
any other actions subject to a criminal punishment or
administrative penalty.
(6) An action of an institution which manifests itself in
failure to provide the statement or refusal to provide the
statement shall be contested and appealed in accordance with the
procedures laid down in Section 91, Paragraph three of this
Law.
[18 December 2008]
Part C
Administrative Proceedings in Court
Division One
General Provisions of Court Proceedings
Chapter 10
Basic Provisions
Section 102. Force of the Laws which
Regulate Court Proceedings in the Administrative Proceedings in
Time
(1) [15 January 2004]
(2) Court proceedings in an administrative case shall take
place in accordance with the legal provisions of administrative
procedure which are in effect at the time of the examination of
the case, performance of individual procedural actions or
enforcement of a court judgment.
[15 January 2004]
Section 103. Substance of
Administrative Proceedings in Court
(1) The substance of administrative proceedings in court shall
be the court control over the lawfulness of an administrative act
issued by an institution or actual action of an institution or
the considerations of usefulness within the scope of
discretionary powers, and also the determination of public legal
obligations or rights of a private person and the examination of
disputes arising from a contract governed by public law.
(2) Within the course of administrative proceedings, upon
performing its obligation, a court itself (ex officio)
shall objectively determine the circumstances of a case and
provide a legal assessment of these, examining the case within a
reasonable time.
(3) In the course of administrative proceedings the court
shall determine:
1) whether the administrative act and the actual action of the
institution complies with the provisions of this Law and other
legal provisions;
2) whether the legal provisions and a contract governed by
public law give specific rights to or impose obligations on the
participants to administrative proceedings;
3) the compliance of the contract governed by public law with
the legal provisions, the validity and the correctness of
fulfilment thereof.
[15 January 2004]
Section 104. Control of the
Hierarchy of Legal Provisions
(1) Upon examining the lawfulness of an administrative act or
actual action and upon determining the public legal obligations
or rights of a private person, the court shall, in case of doubt,
verify whether the legal provision applied by the institution or
to be applied in the administrative court proceedings conforms to
the legal provisions of higher legal force.
(2) If a court believes that a legal provision does not
conform to the Constitution or provision (act) of international
law, it shall suspend court proceedings in the case and send a
substantiated application to the Constitutional Court. After
coming into force of the decision or judgment of the
Constitutional Court, the court proceedings in the case shall be
renewed and the following court proceedings shall be based upon
the opinion of the Constitutional Court.
(3) If a court finds that the binding regulations of local
governments do not conform to Cabinet regulations or the law or
Cabinet regulations do not conform to the law, or an internal
legal act does not conform to an external legal act or directly
applicable general principle of law, it shall not apply the
relevant legal provision. The court shall substantiate its
opinion on the non-conformity with the legal provisions of higher
legal force in a decision or judgment. If the relevant legal act
is not issued by a participant to the administrative proceedings,
the court shall send the judgment or decision to the issuer of
the legal act and the Ministry of Justice.
[15 January 2004; 26 October 2006]
Section 104.1 Submitting
a Question to the Court of Justice of the European Union
In the cases provided for in the provisions of the European
Union law, a court shall submit a question to the Court of
Justice of the European Union regarding the interpretation or
validity of a provision of the European Union law in order to
make a preliminary ruling.
[15 January 2004; 1 November 2021]
Section 105. Court Instances in an
Administrative Case
(1) An administrative case shall be examined on the merits by
a court of first instance but following a complaint of a
participant to the administrative proceedings regarding a
judgment of this court - also by a court of second instance in
accordance with the appeal procedures, except for the cases
specified in law.
(2) A participant to the administrative proceedings may appeal
a judgment of a court of second instance in accordance with the
cassation procedures, except for the cases specified in law.
[18 December 2008]
Section 106. Initiation of an
Administrative Case in Court
(1) A court shall initiate an administrative case pursuant to
the application of an applicant.
(2) A court shall also initiate an administrative case
pursuant to the application of a legal entity referred to in
Section 29 of this Law.
Section 107. Determination of Facts
in an Administrative Case
(1) A court shall determine the facts of a case by examining
the case in the oral or written procedure.
(2) In examining a case in the oral procedure, the facts of
the case shall be determined in a court hearing.
(3) In examining a case in the written procedure, the facts of
the case shall be determined on the basis of the evidence in the
case.
(4) In order to determine the true circumstances of a case
within the limits of the claim and achieve lawful and fair
examination of the case, the court shall give instructions and
make recommendations to the participants to the administrative
proceedings, and also shall collect evidence upon its own
initiative (principle of objective investigation).
Section 107.1 Explanation
of the Possibilities of Entering into a Settlement
If a court (judge) believes that a settlement is possible in a
case, the court (judge) may explain the possibilities of entering
into a settlement (administrative contract) to participants to
the proceedings, and also make recommendations for the conditions
of a settlement. The court (judge) may explain possibilities of
entering into a settlement both in writing and in court hearing.
The court (judge) may convene a court hearing only to discuss
this issue.
[1 November 2012]
Section 108. Open Examination of an
Administrative Case
(1) The administrative case shall be examined in an open
court.
(2) An administrative case shall be examined in full or in
part in a closed court hearing in order to protect the
following:
1) an official secret;
2) an adoption secret.
(3) In order to protect restricted access information, a court
may determine by a reasoned decision that a case is to be
examined in full or in part in a closed court hearing.
(4) If a case is examined in the written procedure, a court
may set a case to the status of a fully or partly closed case in
the cases provided for in Paragraph two or three of this
Section.
(5) Participants to the administrative proceedings and, if
necessary, also an expert and an interpreter shall participate in
a closed court hearing.
(6) In a closed court hearing, the case shall be examined in
compliance with the relevant provisions applicable to court
proceedings.
(7) Anyone may record the course of a court hearing (use sound
or image recording and transmission media) with the permission of
the court. Before deciding such issue, the court shall hear the
opinion of the participants to the administrative proceedings.
The court may impose a prohibition on the publishing of such
recording until performance of a specific procedural action or
drawing up of a judgment.
[1 November 2012]
Section 108.1 Open
Examination of an Administrative Case in Verifying the
Information Containing an Official Secret
(1) If for the purpose of objective determination of
circumstances of a case it is necessary for a court to verify
information which is an official secret object, the participants
to the case as well as other persons who have a personnel
security clearance for access to the official secret, if
necessary, shall participate in the verification of this
information.
(2) Information which may disclose the identity of covert
assistants may not be used in a court hearing.
(3) Information which is an official secret object shall not
be appended to the case materials, and a court shall not reflect
it in a ruling but shall indicate that it has accessed such
information and has evaluated it.
(4) A court shall warn in writing the persons who participate
in the examination of such case of the obligation to keep an
official secret and of the liability provided for the disclosure
of an official secret. Making of copies of the documents
containing the official secret is not permissible.
[26 October 2006; 18 December 2008]
Section 108.2
Availability of Court Rulings
(1) A court ruling shall be available to participants to the
administrative proceedings as well as to any other person in
accordance with the procedures and to the extent laid down in the
law.
(2) A court judgment shall be published on the website. Parts
of the judgment which contain restricted access information or
which are an official secret object shall not be published but
shall be replaced by an indication why the relevant part of the
ruling is not generally accessible.
(3) If significant case law findings are formulated in court
decisions which are drawn up as individual procedural documents,
such rulings may be published on the website.
[1 November 2012]
Section 109. Examination of
Administrative Cases by a Judge Sitting Alone and Collegially
(1) At a court of first instance, an administrative case shall
be examined by a judge sitting alone. If the case is especially
complicated, the president of the court of first instance may
stipulate that the case be examined collegially. In such case,
the matter shall be examined in the composition of three judges
of the court of first instance.
(2) An administrative case in an appellate court and in a
court of cassation shall be examined collegially.
Section 110. Language of Court
Proceedings
(1) Court proceedings shall take place in the official
language.
(2) Participants to administrative proceedings shall submit
documents in a foreign language by attaching thereto translations
into the official language certified in accordance with the
prescribed procedures.
(3) A court may also allow individual procedural actions in
another language, if this is requested by a participant to the
administrative proceedings and the other participants agree.
Minutes of a court hearing and the court ruling shall be written
in the official language.
(4) A court shall ensure a participant to administrative
proceedings, except for a representative, who does not understand
the language of the court proceedings the right to become
acquainted with the case materials and to participate in
procedural actions with the assistance of an interpreter.
(5) The court may, at its discretion, also provide an
interpreter for the representative of a participant to
administrative proceedings.
[11 November 2021]
Section 111. Restrictions on a Judge
in the Administration of Justice
(1) A court hearing in which a case is examined on the merits
shall take place without change in the composition of judges.
(2) If a judge is replaced by another judge in the course of
trial of a case, the trying of the case shall be
re-initiated.
(3) None of the judges of the composition of a court is
entitled to participate in the trying of another case before the
court hearing is pronounced closed.
(4) The provisions of this Section do not apply to the written
procedure.
Section 112. Direct Trial of an
Administrative Case
(1) A court of first instance and an appellate court
themselves shall examine the evidence in the case.
(2) The trying of the case by a court shall be based upon the
evidence the court itself has verified.
Section 112.1 Court
Proceedings
(1) An administrative case shall be examined in the written
procedure without a court hearing unless the law prescribes
otherwise.
(2) If a court believes that it would be more useful to
examine a case in a court hearing, although the case is to be
examined in the written procedure, it may, at its own discretion,
determine examination of this case in the oral procedure.
(3) If a case is to be examined in the written procedure, a
court may, at its own discretion, determine a court hearing for
the performance of an individual procedural action or deciding of
a procedural issue.
(4) A court shall examine a case in the oral procedure in a
court hearing if it has been requested to a court of first
instance by an applicant, a third person or a legal entity
referred to in Section 29 of this Law, and also a defendant - a
private person in the cases regarding contracts governed by
public law.
(5) In examining a case in the written procedure, a court
shall access case materials, hear the participants and request to
submit the necessary information and evidence in writing.
(6) In examining a case in the oral procedure in a court
hearing, a court shall hear oral testimonies and explanations of
the persons summoned and summonsed to a court hearing. The court
shall examine written evidence in a court hearing upon request of
a participant to the proceedings or upon its own initiative.
[1 November 2012; 11 November 2021]
Section 112.2 Basic
Provisions of an Electronic Case
(1) In administrative proceedings in court, the proceedings
shall be conducted in an electronic case (hereinafter - the
e-case) in the Court Information System and the documents related
to the administrative case shall be prepared, uploaded, and
stored therein.
(2) The requirement for signature shall be met if the document
created or appended in the e-case portal or the Court Information
System has been signed with an electronic signature within the
meaning of Article 3(10) of Regulation (EU) No 910/2014 of the
European Parliament and of the Council of 23 July 2014 on
electronic identification and trust services for electronic
transactions in the internal market and repealing Directive
1999/93/EC.
(3) A ruling of a judge or court which is taken in the form of
an individual procedural document shall be signed with a secure
electronic signature.
(4) The documents prepared in paper form shall be converted
into electronic form and their derivatives shall be certified
with a signature in conformity with the following conditions:
1) the depiction and conformity of the content of the original
document during the period of storage specified for it have been
ensured;
2) the reading of the content of the document electronically
and, if necessary, the creation of a derivative in paper form
have been ensured;
3) the converted document has been protected against making of
supplementations thereto and changes therein, unauthorised
access, and destruction.
(5) A document which, in accordance with the procedures laid
down in Paragraph four of this Section, has been converted in
electronic form for storage in the electronic environment has the
same legal effect as the original document.
[11 November 2021 / See Paragraph 26 of Transitional
Provisions]
Section 113. Oral Procedure
[1 November 2012]
Section 114. Written Procedure
[1 November 2012]
Section 114.1
Communication between a Court and Participants to the
Proceedings
(1) Upon contacting an institution, sending documents to it or
summoning a representative of an institution to appear before a
court, the court may send the relevant information to the
official electronic mail address of the institution without using
a secure electronic signature and without entering into an
agreement with the institution.
(2) A participant to the proceedings has the right to submit
documents to the court in the e-case portal. A participant to the
proceedings may submit documents also electronically if they have
been drawn up and sent in accordance with the laws and
regulations governing the circulation of electronic documents. A
participant to the proceedings may also submit documents in paper
form. If the documents are not submitted in compliance with this
Law, the court shall decide whether to append the documents to
the case. Documents submitted to the court electronically shall
not be returned to the submitter.
(21) If a participant to the proceedings has
indicated the e-case portal as the way of communication, the
subsequent communication of the court with the participant to the
proceedings shall take place in the e-case portal.
(3) If a sworn advocate is a representative of a person before
a court or provides legal aid to a participant to the case, the
court shall communicate with the sworn advocate in the e-case
portal.
[2 February 2017; 11 November 2021]
Section 114.2 Repeated
Procedural Application or Request
A court shall refuse to accept a procedural application or
request for examination if it has been re-submitted and it does
not result from it that actual or legal circumstances in the case
relevant to the deciding of the issue would have changed.
[2 February 2017]
Section 114.3 Outright
Insulting and Defiant Procedural Document
A court (judge) need not append procedural documents to a case
and examine them if the content thereof is outright insulting and
defiant.
[11 November 2021]
Chapter 11
Composition of a Court
Section 115. Deciding of Issues in a
Court
Issues arising from examination of a case collegially shall be
decided by judges by majority vote. None of the judges is
entitled to abstain from voting.
Section 116. Prohibition on Judges
to Participate in a Repeated Examination of a Case
A judge who has participated in the examination of a case on
its merits may not participate in the examination of such case in
a court of another instance or in re-examination of the case, if
the ruling drawn up with the participation of the judge has been
set aside. It shall not apply to a case when the case is examined
in a joint session of the Department of Administrative Cases of
the Supreme Court.
[11 November 2021]
Section 117. Recusal or Removal of a
Judge
(1) A judge is not entitled to participate in the examination
of a case if the judge:
1) in previous examination of the case has participated in the
proceedings as a participant to the administrative proceedings, a
witness, an expert, an interpreter or a court recorder;
2) is in a relationship of kinship within the third degree or
in relationship of affinity within the second degree with any
participant to the administrative proceedings;
3) is in a relationship of kinship within the third degree or
in relationship of affinity within the second degree with any
judge who is a member of the composition of the court examining
the case;
4) has a direct or indirect personal interest in the outcome
of the case, or there are other circumstances raising reasonable
doubt as to his or her objectivity.
(2) If the circumstances referred to in Paragraph one of this
Section or in Section 116 of this Law are present, the judge
shall recuse himself or herself prior to the commencement of the
trial of the case.
(3) If a judge discovers the circumstances referred to in
Paragraph one of this Section in the course of the examination of
the case, the judge shall recuse himself or herself, stating the
reasons for his or her recusal. In such case, the court shall
adjourn the examination of the case.
(4) A participant to the administrative proceedings may, on
the bases referred to in this Section, submit removal of a judge
or the entire composition of a court.
Section 118. Submission of
Removal
(1) A participant to administrative proceedings may request
removal of a judge or the entire composition of a court in
writing or orally. If removal is requested orally, it shall be
recorded, using technical means. If the course of court hearing
is recorded by writing full minutes of the court hearing, an
entry thereon shall be made in the minutes of the court
hearing.
(2) Grounds for removal shall be provided and removal shall be
submitted before the examination of a case on the merits has been
commenced. Removal may be submitted later if the person who
submits the removal becomes aware of the grounds for the removal
during the examination of the case.
(3) A judge shall specify a reasonable term in the written
procedure by which participants to the proceedings may submit
removal in writing.
[18 December 2008; 11 November 2021]
Section 119. Procedures for
Examining the Submitted Removal
(1) If removal has been submitted, a court shall hear the
opinion of other participants to the administrative proceedings
and hear the judge whose removal has been requested.
(2) A court shall take a decision regarding the submitted
removal in the form of a separate procedural document.
(3) In a case being examined by judge sitting alone, the
decision regarding the submitted removal shall be taken by the
judge himself or herself.
(4) In a case being examined collegially, the decision
regarding the submitted removal shall be taken in accordance with
the following procedures:
1) if the removal has been submitted with regard to one judge,
the decision shall be taken by the rest of the composition of the
court. In the event of a tied vote, the judge shall be
removed;
2) if the removal has been submitted with regard to several
judges or the entire composition of the court, the decision shall
be taken by the same court in full composition by the majority of
votes.
(5) [2 February 2017]
[1 November 2012; 2 February 2017]
Section 120. Consequences of
Removal
(1) If a judge or the entire composition of a court has been
removed, a case shall be examined by another judge or another
composition of a court.
(2) If it is not possible to form a different composition of a
court in the relevant courthouse, a case shall be sent to another
courthouse.
(3) If the removal of a judge has been requested in the course
of the examination of a case, in the event the submitted removal
is allowed, the examination of the case shall be
re-initiated.
[2 February 2017]
Chapter 12
Subordination and Jurisdiction of Administrative Cases
Section 121. Subordination
(1) Appealed administrative act and actual action shall be
examined in court as an administrative case.
(2) In cases prescribed by this Law, a court shall also
examine applications that do not have the nature of
administrative disputes.
(3) The issue of the subordination of a case shall be decided
by a court or a judge. If the court or the judge finds that the
examination of the case is not subject to a court, the decision
shall indicate the institution within the competence of which the
examination of the case lies.
(4) If an issue regarding the subordination of an application
or case is recognised as especially complicated, a court or a
judge shall address the President of the Supreme Court with a
submission asking to settle the issue of subordination.
[15 January 2004; 26 October 2006]
Section 122. Jurisdiction
An administrative case shall be examined in the first instance
in a courthouse of the District Administrative Court to which an
application is to be submitted in accordance with Section 189,
Paragraph one of this Law, unless the law prescribes otherwise.
If the District Administrative Court examines the case as a court
of first instance and it is necessary for the District
Administrative Court to verify information which is an official
secret object, such case shall be examined in the Riga Courthouse
of the District Administrative Court.
[18 December 2008]
Section 123. Transfer of a Case
Accepted as Court Proceedings to Another Courthouse or Another
Court
(1) A court shall examine a case, which it has accepted as
court proceedings by following the provisions of the submission
of application, on the merits in the relevant courthouse,
irrespective of the fact that the applicant's address may have
changed during the course of examination of the case.
(2) A court or judge may transfer a case to another courthouse
for examination thereof if:
1) prior to commencing examination of the case on the merits,
it is discovered that the case has been accepted by violating the
provisions of the submission of application;
2) after recusal or removal of one or several judges it is
impossible to replace them in the same courthouse;
3) a court or judge is of the opinion that another courthouse
will examine this case more efficiently, especially at the
location of the majority of the evidence.
(3) [1 November 2012]
(4) [1 November 2012]
(5) A case which has been sent from one courthouse to another
shall be accepted for examination in the courthouse to which this
case has been sent.
(6) The procedures laid down in this Section shall also be
applicable to a case where the provisions of jurisdiction have
changed during the course of the examination of the case or the
case has been accepted for examination by violating the
provisions of jurisdiction.
[18 December 2008; 1 November 2012 / See Paragraph 13 of
the Transitional Provisions]
Chapter 13
Payments into the State Budget
[1 November 2012]
Section 124. State Fee and Security
Deposit
(1) A State fee in the amount of EUR 30 shall be paid for an
application for the initiation of a case before a court, and also
for a cross-application and an application of a third person with
independent claims.
(2) A State fee in the amount of EUR 60 shall be paid for a
notice of appeal, as well as for a notice of cross-appeal.
(3) A security deposit in the amount of EUR 15 shall be paid
for an ancillary complaint. A security deposit shall not be paid
for an ancillary complaint which has been included in a notice of
appeal or a cassation complaint (Section 292, Paragraph
1.1 and Section 307, Paragraph 4.1).
(4) A security deposit in the amount of EUR 70 shall be paid
for a cassation complaint as well as for a cross-complaint.
(5) A security deposit in the amount of EUR 15 shall be paid
for a request for temporary protection (Sections 185 and
195).
(6) A security deposit in the amount of EUR 15 shall be paid
for an application for the re-examination of a case due to newly
discovered circumstances.
(7) A state fee for a cross-application and a notice of
cross-appeal as well as a security deposit for a cross-complaint
shall be repaid in accordance with the same procedures as those
laid down for repaying the State fee (Section 125) and the
security deposit (Section 129.1).
[2 February 2017 / See Paragraph 21 of Transitional
Provisions]
Section 125. Repayment of the State
Fee
(1) A State fee paid for an application shall be repaid in
full if accepting of the application is refused or the
application is left without examination, or proceedings in a case
are terminated on the basis of the following:
1) the application has been submitted by a person whose legal
capacity has been restricted by court preventing him or her from
exercising independently the administrative procedural rights and
obligations;
2) the applicant has failed to comply with the procedures for
extrajudicial examination of a case laid down in the law, as he
or she has taken into account an erroneous indication of an
institution regarding the appeal procedures or the appeal
procedures had not been indicated in the decision of the
institution;
3) the case is not subject to examination in accordance with
the procedures of administrative proceedings or the applicant
does not have the subjective rights to submit the application;
however, the applicant has submitted the application as the
institution had erroneously indicated in the decision that the
applicant has the right to appeal the decision.
(2) A State fee paid for a notice of appeal shall be repaid in
full:
1) if a judge refuses to accept the notice of appeal or a
court terminates appeal proceedings on the basis of the fact that
an applicant or a third person has submitted a notice of appeal
regarding a judgment which is not subject to appeal, as he or she
has taken into account an erroneous indication of the court
regarding the appeal procedures;
2) if an appellate court sets aside a judgment of a court of
first instance in the case provided for in Section 303 of this
Law;
3) to the defendant or a third person if the applicant
withdraws the application.
(3) A half of the State fee which has been paid for the
examination of a case before a relevant court shall be repaid if
the applicant or a third person has withdrawn an application or a
notice of appeal prior to completion of the examination of the
case on the merits.
(4) The entire State fee or an overpaid part thereof shall be
repaid on the basis of a submission of a person without a ruling
of a court (judge) in accordance with the procedures laid down in
laws and regulations governing the payment, repayment, and
reimbursement of the State fee if:
1) the State fee has been paid for any activities for which it
is not to be paid;
2) the State fee paid exceeds the fee prescribed by law.
[2 February 2017; 11 November 2021]
Section 126. Reimbursement of the
State Fee
(1) If an application has been satisfied in full or in part
(including in accordance with the procedures laid down in Section
191.2 of this Law) or court proceedings have been
terminated in a case on the basis of Section 282, Clause 7 of
this Law, a court (judge) shall order the defendant (possible
defendant) to reimburse the applicant for the State fee paid by
the applicant.
(2) If the applicant was exempted from the payment of the
State fee and the application has been satisfied in full or in
part, the State fee shall be adjudged as against the
defendant.
(3) The State fee shall not be reimbursed if a subject of an
application has been the establishment of the existence,
non-existence or substance of specific public legal
relations.
(4) If the applicant has been fully or partly exempted from
the payment of the State fee by a court decision, in the event of
rejection of an application the applicant shall be obliged to
repay to the State the State fee in full amount within three
months after the coming into effect of a judgment. In such cases
the court shall indicate in the operative part of the judgment
the obligation of the applicant to pay the State fee in the
relevant amount. If the applicant fails to submit to the court a
document which attests to the payment of the State fee within
three months, the court shall notify a bailiff of enforcement of
the judgment.
(5) An obligation of the applicant provided for in Paragraph
four of this Section to pay the State fee in the event of
rejection of an application shall not be applicable to the
applicants who have submitted an application regarding an
administrative act in the field of social security (pensions,
benefits, etc.). In light of the significance of the rights and
interests which the applicant had intended to protect, a court
(judge) may exceptionally, by a reasoned decision, exempt the
applicant from the obligation to pay the State fee also in other
cases if the application is rejected.
[1 November 2012; 2 February 2017; 11 November
2021]
Section 127. Payment and Repayment
of the State Fee
[1 November 2012 / See Paragraph 17 of the Transitional
Provisions]
Section 128. Exceptions from General
Provisions Regarding the State Fee
(1) In addition to other cases specified in the law, a natural
person who submits an application regarding a decision of the
Legal Aid Administration, and also a body governed by public law
which submits an application to a court as a legal entity
referred to in Section 29 of this Law shall be exempted from the
payment of the State fee.
(2) If a legal entity referred to in Section 29 of this Law
withdraws an application which has been submitted on behalf of a
person, but such person demands that the case be examined on the
merits, the State fee shall be paid in accordance with general
provisions.
(3) A court (judge) may, upon request of a natural person,
fully or partly exempt a person from the payment of the State fee
by taking into account the financial situation of the person. In
taking a decision, the court (judge) shall take into account the
fact whether acceptance or examination of other applications,
complaints, and requests submitted by this person to an
administrative court over the last three years have been refused,
or they have been left without examination or rejected several
times.
[26 October 2006; 18 December 2008; 2 February 2017 / See
Paragraph 21 of Transitional Provisions]
Section 129. Appeal of a Decision
regarding the Issue of the State Fee
A private person may submit an ancillary complaint regarding a
decision by which it is refused to reduce the amount of the State
fee or to exempt the person from the payment of the State fee if
this decision refers to the specific private person.
[1 November 2012 / See Paragraph 13 of the Transitional
Provisions]
Section 129.1 Repayment
of a Security Deposit
(1) A security deposit shall be repaid in full:
1) if an ancillary complaint, a cassation complaint or a
request for temporary protection is satisfied in full or in
part;
2) if a court establishes newly discovered circumstances and
refers a case or part thereof for re-examination;
3) to the defendant or a third person if the applicant
withdraws the application;
4) if the acceptance of an ancillary complaint, a cassation
complaint, a request for temporary protection or an application
due to newly discovered circumstances is refused or left without
examination on the basis of the fact that the complaint, request
or application has been submitted by a person whose legal
capacity has been restricted by court preventing him or her from
exercising independently the administrative procedural rights and
obligations;
5) if an ancillary complaint is deemed not submitted,
initiation of cassation proceedings is refused or ancillary
complaint or cassation proceedings are terminated on the basis of
the fact that a participant to the proceedings has submitted an
ancillary complaint or a cassation complaint regarding a ruling
which is not subject to appeal in accordance with the law, as he
or she has taken into account an erroneous indication of a court
(judge) regarding the procedures for appealing a ruling;
6) if proceedings have been terminated in the case on the
basis of Section 282, Clause 7 of this Law.
(2) Half of the security deposit shall be repaid if an
ancillary complaint, a cassation complaint, a request for
temporary protection or an application due to newly discovered
circumstances is withdrawn prior to the completion of the
examination thereof on the merits.
(3) The entire security deposit or an overpaid part thereof
shall be repaid on the basis of a submission of a person without
a ruling of a court (judge) in accordance with the procedures
laid down in laws and regulations governing the payment and
repayment of the security deposit if:
1) the security deposit has been paid for any activities for
which it is not to be paid;
2) the security deposit paid exceeds the deposit prescribed by
law.
[2 February 2017]
Section 129.2 Exceptions
from General Provisions Regarding a Security Deposit
(1) A security deposit need not be paid by the persons who are
exempted from the State fee in accordance with law.
(2) A security deposit shall not be paid when submitting an
ancillary complaint regarding a decision of a court (judge) to
refuse to exempt a person from the payment of the State fee.
(3) A security deposit is not required to be paid when
submitting an application to join in a cassation complaint.
(4) A court (judge) may, upon request of a natural person,
fully or partly exempt a person from the payment of the security
deposit by taking into account the financial situation of the
person. In taking a decision, the court (judge) shall take into
account the fact whether acceptance or examination of other
applications, complaints, and requests submitted by this person
to an administrative court over the last three years have been
refused, or they have been left without examination or rejected
several times.
[1 November 2012; 2 February 2017]
Section 129.3 Procedures
for Paying and Repaying the State Fee and Security Deposit
The Cabinet shall lay down the procedures for paying,
repaying, and reimbursing the State fee, and also for paying and
repaying a security deposit.
[1 November 2012 / Section shall come into force on 1 March
2013. See Paragraph 17 of the Transitional Provisions]
Chapter 14
Court Notifications and Summonses
Section 130. Summoning and
Summonsing to Court
(1) Participants to administrative proceedings shall be
summoned to court by a court summons.
(2) Witnesses, experts and interpreters shall be summonsed to
court by a court summons.
(3) Notice of being summoned or of being summonsed to court
shall be given in a timely manner.
Section 131. Court Summons
The following shall be indicated in a court summons:
1) the given name, surname and the place of residence of the
natural person to be summoned or summonsed or another address
indicated by such person (for a legal person - name, legal
address or another address of an authorised representative
indicated by such legal person);
2) the name and address of the court;
3) the place and time of appearance;
4) the name of the case to which the person is summoned or
summonsed;
5) why the person is being summoned or summonsed;
51) the procedural rights and obligations of the
person within the framework of proceedings;
6) a statement that a person who receives a summons due to the
absence of the person to be summoned or summonsed has an
obligation to transfer it to the latter;
7) the consequences of the failure to appear.
[1 November 2012]
Section 132. Notification and
Delivery of a Court Notification and Summons
(1) A court notification and a summons shall be notified in
accordance with the procedures laid down in the Law on
Notification, except for the cases specified in Section
114.1, Paragraphs one, 2.1, and three of
this Law. A court notification and a summons may be notified to a
person in a foreign country to the address of the person known to
the court if the person cannot be reached at the address of his
or her declared place of residence or the additional address
indicated in the declaration and the court has information at its
disposal on the reachability of the person at the address of the
foreign country. If the court does not know also the address of
the person in a foreign country, the court may send the court
notification and the summons to the address known thereto and
legally related to the person (for example, to the address of the
immovable property belonging to the person).
(2) A court notification and a summons shall be sent to an
applicant in the e-case portal, to the official electronic
address or using means of electronic communication indicated by
the applicant, or by post to the address indicated by the
applicant if requested by the applicant.
(3) A participant to administrative proceedings may, with the
consent of a judge, receive a summons for delivery to another
person to be summoned or summonsed in the case.
(4) If a person to be summoned or summonsed has indicated
another form of communication or the case is of particular
urgency, the person may be summoned or summonsed to a court
hearing by means of another form of communication.
(5) If a person may not be reached by using the form of
communication specified in Paragraph four of this Section, a
court summons shall be delivered to the address indicated by a
person to be summoned or summonsed.
[2 February 2017; 11 November 2021]
Section 133. Service of Court
Summons
[1 November 2012]
Section 134. Consequences of
Refusing to Accept a Court Summons
(1) It is the obligation of the person to be summoned or
summonsed to court to accept the court summons.
(2) [1 November 2012]
(3) The refusal to accept a court summons shall not constitute
an obstacle to the examination of the case.
[1 November 2012]
Section 135. Obligation of a Person
to be Reachable
(1) It is the obligation of the person to be summoned or
summonsed to court to be reachable. A participant to the case has
the obligation to notify a court of change in the means of
communication (address) during the court proceedings. In the
absence of such notification, a summons shall be sent, using the
means of communication (address) indicated in the
application.
(2) If a court summons has been delivered in accordance with
the procedures laid down in this Chapter, it shall be deemed that
a person to be summoned or summonsed has been notified of the
place and time of the examination of the case.
[1 November 2012; 11 November 2021]
Chapter 15
Recording of the Course of a Court Hearing
[1 November 2012]
Section 135.1 Recording
of the Course of a Court Hearing
(1) The course of a court hearing shall be recorded by drawing
up the abridged minutes of the court hearing. A court hearing
shall be recorded in full amount through the use of technical
means. At the discretion of a court or judge, the course of a
court hearing may be recorded by writing full minutes of the
court hearing.
(2) Participants to the proceedings and other persons present
in a court hearing may record the course of the court hearing in
compliance with the requirements of Section 108, Paragraph seven
of this Law.
[1 November 2012; 11 November 2021]
Section 136. Obligation to Take the
Minutes
(1) Abbreviated minutes of a court hearing shall be taken at
each court hearing.
(2) In the cases provided for by this Law, the minutes shall
also be taken regarding procedural actions performed outside a
court hearing.
[11 November 2021]
Section 136.1 Recording
of the Course of a Court Hearing by Using Technical Means
(1) The course of a court hearing shall be recorded in full
amount by using a sound recording or other technical means with
regard to which a mark shall be made in the minutes of the court
hearing.
(11) The course of a court hearing shall not be
recorded by using technical means if none of participants to
administrative proceedings have arrived to the court hearing.
(2) Materials obtained as a result of using a sound recording
or other technical means shall be inserted and stored in the
Court Information System.
(3) After recording of the course of a court hearing by using
a sound recording, the relevant sound recording shall be
accessible for persons having the right to become acquainted with
the case materials on the next working day after the day of the
court hearing. Upon a written request of such participant to the
case who is in a prison, the court shall send the relevant sound
recording to him or her.
[1 November 2012; 11 November 2021]
Section 137. Contents of the
Minutes
(1) The following shall be indicated in the full minutes of a
court hearing:
1) the time (year, date, month) and place of the court
hearing;
2) the name of the court examining the case, composition of
the court, and the court recorder;
21) the fact that the course of the court hearing
is being recorded by using technical means;
3) the time of opening of the court hearing;
4) the name of the case;
5) the information on attendance of participants to the
administrative proceedings, and of witnesses, experts, and
interpreters;
6) the information on the fact that procedural rights and
obligations of the participants to the administrative proceedings
have been explained to such participants;
7) the information on the fact that interpreters, witnesses,
and experts have been made aware of criminal liability in
accordance with the Criminal Law;
8) the explanations of participants to the administrative
proceedings, testimonies of witnesses, oral explanations of
experts regarding their opinions, and information on the
examination of physical and written evidence;
9) the applications and requests of participants to the
administrative proceedings;
10) the court orders and decisions that have not been adopted
in the form of separate procedural documents;
11) a brief summary of the opinion of an authority referred to
in Section 30 of this Law;
12) the brief content of a court debate;
13) the information on retiring of the court in order to
render judgment or take a decision;
14) the information on reading of a court judgment or a court
decision taken in the form of a separate procedural document;
15) the information on the contents of a judgment (decision)
and the explanation of appellate procedures and time limits;
16) the information as to when the participants to
administrative proceedings may become acquainted with the minutes
of the court hearing, the sound recording, and the full text of
the judgment (decision);
17) the time when the court hearing is closed;
18) the time when the minutes of the court hearing are
signed.
(2) The chairperson of the court hearing and the court
recorder shall sign the minutes of the court hearing.
(21) The information referred to in Paragraph one,
Clauses 1, 2, 2.1, 3, 4, 5, 6, 7, 10, 13, 14, 15, 16,
17, and 18 of this Section shall be indicated in the abbreviated
minutes of the court hearing.
(3) The minutes for individual procedural actions performed
outside a court hearing or the minutes of such court hearing
which was specified for the performance of an individual
procedural action or for deciding on a procedural issue must
conform to the requirements referred to in this Section insofar
as they apply to the relevant procedural action or procedural
issue.
(4) [15 January 2004]
(5) If the information containing an official secret is
verified at a court hearing, a mark shall be made in the minutes
of the court hearing regarding the time when the court commenced
and finished verification of the information containing the
official secret. Unless the law prescribes otherwise, the
verification of the relevant information shall not be recorded in
the minutes.
(6) Provisions of Paragraph one, Clauses 8, 11, 12, and 15 of
this Section shall not be applicable to the minutes of a court
hearing of the Department of Administrative Cases of the Supreme
Court as a cassation court.
(7) [11 November 2021]
[15 January 2004; 26 October 2006; 1 November 2012; 2
February 2017; 11 November 2021]
Section 138. Taking of the
Minutes
(1) The minutes shall be taken by a court recorder.
(2) The minutes shall be signed not later than on the seventh
day after the end of a court hearing or the performance of
individual procedural actions.
(3) The text may not be deleted or blanked out in the
minutes.
[1 November 2012; 11 November 2021]
Section 139. Notes to the
Minutes
(1) A participant to the administrative proceedings may access
the minutes and, within five days from the day of signing
thereof, submit written notes regarding the minutes by indicating
any deficiencies and errors therein. The right to submit written
notes to the minutes shall not refer to the cases where the
course of a court hearing has been recorded in full amount by
using technical means.
(2) A court shall append the submitted notes to the minutes by
adding a mark thereto indicating whether the court agrees to
these notes.
(3) [26 October 2006]
(4) [26 October 2006]
(5) [26 October 2006]
[26 October 2006; 1 November 2012; 11 November
2021]
Chapter 16
Procedural Compulsory Measures
[26 October 2006]
Section 140. Types of Procedural
Compulsory Measures
A court may apply the following procedural compulsory measures
in the cases specified in this Law:
1) a warning;
2) an exclusion from the courtroom;
3) a pecuniary penalty;
4) the forced conveyance to the court.
[26 October 2006]
Section 141. Warning
A chairperson of the court hearing shall give a warning to a
person who disturbs the order during the trial of a case. It
shall be recorded by using technical means. If the course of the
court hearing is recorded by writing full minutes of the court
hearing, a mark thereon shall be made in the minutes of the court
hearing.
[11 November 2021]
Section 142. Exclusion from the
Courtroom
If a participant to administrative proceedings, a witness, an
expert, or an interpreter disturbs the order (including is
behaving in an outright insulting and defiant manner) repeatedly,
they may, by a court decision, be excluded from the courtroom.
Any other persons present who disturb the order (including are
behaving in an outright insulting and defiant manner) may be
excluded by an order of the chairperson of the court hearing even
without prior warning.
[11 November 2021]
Section 143. Pecuniary Penalty
(1) A court shall impose a pecuniary penalty in the amounts
prescribed by this Law.
(2) A court decision on imposition of a pecuniary penalty
shall be immediately sent to the person on whom the pecuniary
penalty is imposed. The person shall be obliged to pay the
pecuniary penalty within one month from the day of receipt of a
decision to impose the pecuniary penalty.
(3) A person on whom a pecuniary penalty has been imposed may,
within 14 days from the receipt of the decision, request the
court which has imposed the pecuniary penalty to release him or
her from the payment of the pecuniary penalty or to reduce the
amount thereof. The court shall examine a submission in the
written procedure.
(4) A pecuniary penalty imposed on an official shall be paid
by him or her from his or her personal funds.
[26 October 2006; 18 December 2008; 1 November 2012; 11
November 2021]
Section 144. Forced Conveyance
(1) A court may take a decision on the forced conveyance of a
witness to the court.
(2) Such decision shall be enforced by a police institution
specified by the court.
Chapter 17
Rights and Obligations of Participants to the Administrative
Proceedings in a Court
Section 145. Procedural Rights of an
Applicant and a Defendant
(1) An applicant and a defendant have the right:
1) to become acquainted with the case materials (including
recordings), to make their derivatives, and also to download the
case materials from the e-case portal;
2) to participate in a court hearing;
3) to submit removals;
4) to submit evidence;
5) to participate in the examination of evidence;
6) to submit requests;
7) to provide oral and written explanations to a court;
8) to state their arguments and considerations;
9) to raise objections against requests, arguments, and
considerations of another participant to the administrative
proceedings;
10) to appeal a court judgment and decision;
11) to receive the judgment and decision in the case, and also
to exercise other procedural rights granted to them by this
Law.
(2) An applicant also has the right:
1) to withdraw the claim contained in an application in full
or in part;
2) to amend in writing the grounds for or subject-matter of
the application as well as the amount of the claim until
completion of the examination of the case on the merits.
(3) A defendant also has the right to raise objections against
the claim contained in the application and to admit it in full or
as to a part thereof.
(4) For the purpose of not disclosing circumstances of private
lives of persons, and also for the purpose of protection of an
official, professional, trade, investigation, or adoption secret
and other restricted access information, a court may, upon its
own initiative or upon request of a participant to administrative
proceedings, take a reasoned decision by which a restriction is
imposed on the applicant or the defendant to access the relevant
part of the case materials. If the court determines in its
decision that the abovementioned restriction on the access to
case materials is valid also after the entry into force of the
final court ruling, the applicant or the defendant has the same
right to access case materials as that prescribed by law with
regard to any other person.
[26 October 2006; 1 November 2012; 2 February 2017; 11
November 2021]
Section 146. Rights and Obligations
of a Third Person
(1) [2 February 2017]
(2) [2 February 2017]
(3) A third person with independent claims has the rights and
obligations of an applicant.
(4) A third person who does not submit independent claims has
the procedural rights and obligations of an applicant and
defendant, except for the right to amend the grounds for or
subject-matter of the application, withdraw the claim, admit a
claim or require enforcement of the court judgment.
(5) [2 February 2017]
(6) If more than 10 persons have been summoned to a case as
third persons with the same infringement of rights or legal
interests, they shall be obliged to appoint one joint
representative for representation of their interests. If the
third persons fail to inform a court (judge) of the appointment
of a joint representative within the term specified by the court
(judge), the court (judge) shall appoint a representative from
amongst the third persons. Court notifications sent to the joint
representative shall be deemed notified to all third persons. All
procedural actions performed by the joint representative shall be
binding on the third persons.
[26 October 2006; 18 December 2008; 1 November 2012; 2
February 2017; 11 November 2021]
Section 147. Formalisation of
Representation and the Scope of Powers of a Representative
(1) Representation in court shall be formalised in accordance
with the provisions of Section 38 of this Law. The provisions of
Section 39 of this Law shall apply to the scope of powers of a
representative.
(2) The right to submit an application, to withdraw the claim
contained in the application in full or in part, to amend the
subject-matter of the application, to admit the claim in full or
in part, to appeal a court ruling in accordance with appellate or
cassation procedures, to submit an execution document for
execution, to receive the property or money adjudged and to
terminate execution proceedings shall be specifically indicated
in an authorisation issued to a representative.
Section 148. Obligation of a
Participant to Administrative Proceedings
(1) A participant to administrative proceedings has the
obligation to:
1) appear in court pursuant to a summons;
2) give a timely notice of the reasons preventing him or her
from appearing at a court hearing;
3) fulfil other procedural obligations imposed on him or her
in accordance with this Law.
(2) A participant to administrative proceedings shall exercise
his or her rights and perform his or her obligations in good
faith.
Division Two
Evidence
Chapter 18
General Provisions Regarding Evidence
Section 149. Evidence
Evidence in an administrative case is information on the facts
upon which the claims and objections of participants to the
administrative proceedings are based, and also information on
other facts that are significant in the trying of the case.
Section 150. Burden of Proof
(1) An institution shall prove the facts upon which it relies
as the grounds for its objections.
(2) An institution may only refer to those grounds that have
been stated in an administrative act.
(3) An applicant, according to his or her capacity, shall
participate in gathering evidence.
(4) If the evidence submitted by participants to
administrative proceedings is not sufficient, the court shall
gather it upon its own initiative.
(5) Evidence shall be submitted to the court not later than 14
days before a court hearing, unless the judge has set another
time period within which evidence is to be submitted.
[11 November 2021]
Section 151. Relevance of
Evidence
The court shall accept only such evidence which is relevant to
the case.
Section 152. Admissibility of
Evidence
(1) The court shall admit only such means of evidence which
are specified in law.
(2) Facts that, in accordance with the law, may only be proved
by particular means of evidence may not be established by any
other means of evidence.
(3) The court may refuse to accept evidence if the participant
to the case had the possibility of submitting them during the
period when the case was examined at the institution; however,
the participant to the case has not fulfilled the obligation of
procedural collaboration without justifying reason.
[11 November 2021]
Section 153. Grounds for Exemption
of Proving
(1) If the court acknowledges a fact to be generally known, it
need not be proved.
(2) A fact that has been established in the operative part of
a court judgment, which has come into effect, need not be proved
again when examining an administrative case.
(3) A fact that has been established in the reasoned part of a
court judgment, which has come into effect, need not be proved
again when examining an administrative case in which the same
participants to the proceedings participate.
(4) A fact considered by law as established need not be proved
when examining a case.
Section 154. Assessment of
Evidence
(1) A court shall assess the evidence in accordance with its
own convictions which shall be based on comprehensively,
completely, and objectively verified evidence, and in accordance
with judicial consciousness based on laws of logic, findings of
science, and principles of justice.
(2) No evidence shall have a predetermined effect which would
be binding on the court.
(3) A court shall state in the judgment why preference has
been given to certain evidence in comparison with other, and why
certain facts have been recognised as proven while other facts as
not proven.
Chapter 19
Securing of Evidence
Section 155. Admissibility of
Securing the Evidence
(1) If a person has a reason to believe that the submission of
evidence necessary for him or her may later be impossible or
problematic, they may request for such evidence to be
secured.
(2) A request for the securing of evidence may be submitted
both before initiation of a case before court and during
examination of the case.
(21) A court examining a case may, upon its own
initiative, take a decision to secure evidence.
(3) Prior to the initiation of a case before a court, evidence
shall be secured by a courthouse in the territory of operation of
which the source of evidence to be secured is located. After
initiation of the case before a court, the evidence shall be
secured by the court examining the case.
[18 December 2008; 1 November 2012; 2 February
2017]
Section 156. Request for the
Securing of Evidence
(1) The following shall be indicated in the request for the
securing of evidence:
1) the given name, surname, and address of the applicant (for
a legal person - the name, registration number, and legal
address), the case for the examination of which the securing of
evidence is required, and its potential participants;
2) the evidence to be secured;
3) the facts for the proving of which this evidence is
necessary;
4) the reasons why the applicant is requesting the securing of
evidence.
(2) If a request does not conform to the requirements of
Paragraph one of this Section, a judge shall leave the request
not proceeded with by applying the provisions of Section 192,
Paragraph two of this Law.
(3) If a request does not conform to the requirements of
Section 155, Paragraph one of this Law, a judge shall refuse to
accept it by applying the provisions of Section 191, Paragraphs
two and three of this Law.
[26 October 2006; 18 December 2008]
Section 157. Procedures for
Examining a Request for the Securing of Evidence Prior to the
Initiation of a Case before a Court
(1) A request for the securing of evidence shall be examined
in a court hearing within 14 days from the day of receipt
thereof.
(2) The applicant and potential participants to the
administrative proceedings shall be summoned to the court
hearing. Failure of these persons to appear shall not constitute
an obstacle to the examination of the request.
(3) Evidence may be secured without summoning the potential
participants to the administrative proceedings only in emergency
situations or in cases where it is not possible to determine the
potential participants to the administrative proceedings.
(4) Interrogation of witnesses as well as inspection on site
and expert-examination shall be performed in accordance with the
norms of this Law.
(5) The minutes of the court hearing and the materials
collected in the course of securing the evidence shall be kept
until required by the court that examines the case.
(6) An ancillary complaint may be submitted regarding the
court decision to reject a request in full or in part.
[26 October 2006; 18 December 2008; 1 November
2012]
Section 158. Procedures for
Examining a Request for the Securing of Evidence After Initiation
of a Case before a Court
(1) A court shall examine a request for the securing of
evidence in the written procedure.
(2) An ancillary complaint may be submitted regarding the
court decision to reject a request in full or in part.
[18 December 2008; 1 November 2012]
Section 159. Court Assignments
(1) If it is not possible for a court which examines a case to
collect evidence that is located in the territory of operation of
another courthouse, it shall assign the performance of specific
procedural actions to the courthouse in the territory of
operation of which the evidence to be obtained is located.
(2) A decision regarding a court assignment shall briefly
state the substance of the case to be examined and specify the
circumstances to be ascertained and the evidence to be collected.
Such decision shall be mandatory for the courthouse to which it
is addressed, and the courthouse shall enforce it within a month
from the day of receipt of the court assignment.
[2 February 2017]
Section 160. Procedures for
Performing Court Assignments
(1) Court assignments shall be performed at a court hearing in
accordance with the procedures laid down in this Law.
Participants to the administrative proceedings shall be notified
of the time and place of the court hearing. Failure of these
persons to appear shall not constitute an obstacle to the
performance of the assignment.
(2) Minutes and other materials of the case which have been
collected during the performance of the assignment shall be
transferred to the court examining the case within three
days.
Chapter 20
Means of Evidence
Section 161. Explanations
(1) Explanations of a participant to administrative
proceedings containing information concerning facts on which
their claims or objections are based shall be considered as
evidence if they are supported by other evidence that has been
verified and evaluated.
(2) If one participant to administrative proceedings admits a
fact on which the claims or objections of another participant to
the administrative proceedings are based, the court may find such
fact as proven, if it has no doubt that the admission has not
been made as a result of fraud, violence, threat or mistake or
for the purpose of concealing the truth.
(3) If there are no other means of evidence or they are not
reliable enough, an applicant who is a natural person may confirm
his or her explanations under oath. The applicant may be held
criminally liable in accordance with the Criminal Law for
knowingly providing false information. The applicant may give an
oath only in person and representation shall not be
permitted.
(4) An oath shall not be allowed as means of evidence in
respect of such facts that have been established by a court
judgment which has come into effect, and also for confirmation or
confutation of universally known facts.
Section 162. Testimonies of
Witnesses
(1) A witness is a person who has been summonsed to a court
hearing by a court in order to testify about facts relevant to a
case.
(2) Upon a request to interrogate a witness, a participant to
administrative proceedings shall indicate what circumstances
relevant for the case the witness may confirm.
(3) No witness summonsed to a court has the right to refuse to
testify, except for the cases prescribed in Sections 163 and 164
of this Law.
(4) A witness may only be interrogated regarding the facts to
be determined in the relevant case.
(5) Testimony based on information from unknown sources or on
information obtained from other persons, unless such persons have
been interrogated, may not be allowed as evidence.
Section 163. Persons who may not be
Witnesses
The following persons may not be summonsed and interrogated as
witnesses:
1) ministers - regarding circumstances that have come to their
knowledge in hearing confession or during a pastoral
conversation;
2) persons who pursuant to their position or profession do not
have the right to disclose the information entrusted to them -
regarding such information;
3) minors - regarding circumstances constituting evidence
against their parents, grandparents, brothers or sisters;
4) persons whose physical or mental deficiencies render them
incapable of correctly perceiving circumstances relevant to the
case;
5) children under the age of seven.
[26 October 2006]
Section 164. Persons who may Refuse
to Testify
The following persons may refuse the obligation to
testify:
1) a relative of a participant to administrative proceedings
in a direct line and in the first or second degree of collateral
lines, the spouse and the first degree affinity relative, and
also a member of the family of a participant to the
administrative proceedings;
2) a guardian or trustee of a participant to administrative
proceedings, and also a person under the guardianship or
trusteeship of the relevant participant to the administrative
proceedings;
3) a person who is litigating in another case against one of
the participants to administrative proceedings;
4) a person whose testimony may turn against the person
himself or herself.
Section 165. Obligations of
Witnesses
(1) A person summonsed as a witness shall attend the court and
give a true testimony regarding the circumstances known to him or
her.
(2) A witness shall answer the questions of the court and
participants to the administrative proceedings.
(3) If a witness is unable to appear before the court due to
illness, old age, disability or another justified reason, the
court may interrogate the witness at the place where he or she is
located.
Section 166. Liability of a
Witness
(1) A witness may be held criminally liable in accordance with
the Criminal Law for knowingly providing false testimony and for
refusal to testify due to reasons which a court has found
unjustified.
(2) If a witness fails, without a justifying reason, to appear
after a court summons, the court may impose a pecuniary penalty
on him or her not exceeding EUR 300 or take a decision regarding
forced conveyance.
[26 October 2006; 1 November 2012; 19 September 2013; 2
February 2017]
Section 167. Written Evidence
Written evidence is information regarding the facts which are
relevant to a case, and this information is recorded in
documents, other written matter as well as corresponding
recording systems (audio, compact discs, digital video discs or
other storage media) by letters, figures and other written
characters or technical means.
[2 February 2017]
Section 168. Procedures for
Submitting Written Evidence
(1) A participant to administrative proceedings who is
submitting written evidence or is requesting for it to be
required shall indicate what circumstances relevant to the case
may be supported by such evidence.
(2) Written evidence shall be submitted in original form or in
the form of a derivative certified in accordance with prescribed
procedures. The derivative may also be certified by a judge.
(3) Original documents shall be submitted if laws or
international treaties provide that the particular facts may only
be proved by original documents.
(4) If a derivative of written evidence has been submitted to
a court, the court may, upon a reasoned request of a participant
to administrative proceedings or upon its own initiative, require
that the original be submitted if it is necessary for determining
the circumstances of the case.
[11 November 2021]
Section 169. Procedures for
Requiring Written Evidence
(1) A court may, upon its own initiative or a reasoned request
of a participant to administrative proceedings, require written
evidence from institutions and persons.
(2) A participant to administrative proceedings who requests a
court to require written evidence shall describe such evidence
and provide reasons why he or she considers that it is in the
possession of the person he or she has referred to or the
relevant institution.
(3) An institution or a person who is unable to submit the
required written evidence to the court or cannot submit such
within the term set by the court shall notify the court of this
in writing, indicating the reason.
(4) If, without denying that such evidence is in his or her
possession, a participant to administrative proceedings refuses
to submit the required written evidence to the court, the court
may recognise as proved the fact for confirmation of which such
written evidence has been referred to by another participant to
administrative proceedings.
Section 170. Returning of Written
Evidence in a Case
The court shall, pursuant to a reasoned request in writing of
institutions or persons who have submitted the originals of
written evidence, return such means of evidence to such
institution or person. If such evidence has been referred to in
the ruling of the court, derivatives of such written evidence
certified by the judge shall remain in the case file.
[11 November 2021]
Section 171. Inspection of Written
Evidence at the Place of Keeping
If the submission of written evidence to a court is impossible
or problematic due to the amount, volume thereof or for other
reasons, the court may require that derivatives from the written
evidence, certified in accordance with prescribed procedures, be
submitted or may perform inspection and examination of the
written evidence at the place where it is kept.
[11 November 2021]
Section 172. Physical Evidence
Physical evidence is tangible things which by their
characteristics, special features or very existence may be of use
in determining the facts relevant to the case.
Section 173. Procedures for
Requiring Physical Evidence
(1) A court may, upon its own initiative or a reasoned request
of a participant to administrative proceedings, require physical
evidence from institutions and persons.
(2) A participant to administrative proceedings who submits
physical evidence or requests for it to be required shall
indicate what circumstances relevant to the case may be confirmed
by such evidence.
(3) A participant to administrative proceedings who requests a
court to require physical evidence shall describe such evidence
and provide reasons why he or she considers that it is in the
possession of the person he or she has referred to or the
relevant institution.
(4) An institution or a person who is unable to submit the
required physical evidence to the court or cannot submit such
within the term set by the court shall notify the court of this,
indicating the reason.
Section 174. Inspection of Physical
Evidence at the Place of Keeping
If the submission of physical evidence to a court is
impossible or problematic due to the amount, volume thereof or
other reasons, the court may perform inspection and examination
of the physical evidence at the place where it is kept.
Section 175. Storage of Physical
Evidence
(1) Physical evidence shall be appended to the case file or
kept at the physical evidence storage facility of the court.
(2) Articles that cannot be delivered to the court shall be
kept at their current location. They shall be described and, if
necessary, photographed or filmed. The descriptions and recorded
images shall be appended to the case file.
(3) A court shall inspect perishable physical evidence
immediately, notifying the participants to the administrative
proceedings thereof. Following the inspection, such physical
evidence shall be returned to the institution or person from
which it was received.
Section 176. Returning of Physical
Evidence
(1) After a court judgment has come into effect, the physical
evidence shall be returned to the institution or person from whom
it has been received or transferred to the person whose rights to
these things the court has recognised.
(2) Physical evidence that in accordance with law or a court
judgment may not be returned to the participant to the
administrative proceedings or to the person from whom it has been
received shall be transferred by the court to the appropriate
State authority.
(3) In individual cases, physical evidence may be returned
before a judgment has come into effect, provided that it causes
no harm to the examination of the case.
Section 177. Liability for the
Failure to Submit the Required Information, Written or Physical
Evidence
If a judge has not been notified that the required
information, written or physical evidence cannot be submitted or
it has not been submitted for reasons which the judge has found
to be unjustified, he or she may impose a pecuniary penalty of up
to EUR 300 on the relevant person. Payment of the pecuniary
penalty shall not release this person from the obligation to
submit the information and evidence required by the judge.
[1 November 2012; 19 September 2013; 2 February
2017]
Section 178. Expert-examination
(1) A court shall order expert-examination in a case if
special knowledge in science, technology, art or other sectors is
necessary for determining the facts relevant to the case. If
necessary, a court may order several expert-examinations.
(2) Expert-examination shall be performed by experts of an
appropriate expert-examination institution or by other
specialists. A forensic expert-examination institution, a
specialist, or a forensic expert who does not work at a forensic
expert-examination institution shall be selected by the court,
taking into account the opinions of the participants to
administrative proceedings. Where necessary, more than one expert
may be selected.
(3) A participant to administrative proceedings has the right
to submit to the court questions which, in his or her opinion,
require the opinion of an expert. The court shall determine
issues requiring an expert opinion. The court shall give reasons
for rejecting questions submitted by the participants to
administrative proceedings.
(4) A court shall set out in a decision on the ordering of
expert-examination the questions regarding which the opinion of
an expert is required and to whom the performance of the
expert-examination has been assigned (to a forensic
expert-examination institution, a specialist, or a forensic
expert who does not work at a forensic expert-examination
institution).
(5) Expert-examination shall be performed in the court or
outside the court if its performance in court is impossible or
problematic.
[11 November 2021]
Section 179. Obligations and Rights
of an Expert
(1) A person selected as an expert must appear according to a
court summons.
(2) If an expert who has been summonsed fails to appear at a
court hearing for the reasons which the court has found to be
unjustified, a pecuniary penalty of up to EUR 300 may be imposed
on him or her.
(3) An expert has the right to access the case materials, to
ask questions to participants to administrative proceedings and
to witnesses, and to request the court to require additional
materials.
(4) An expert shall provide an objective opinion in his or her
own name and is personally liable for it.
(5) An expert may refuse to provide an opinion if the material
provided for his or her examination is not sufficient or if the
questions asked are beyond the scope of his or her specialised
knowledge. In such cases the expert shall notify the court in
writing that it is not possible to provide an opinion.
(6) An expert may be held criminally liable in accordance with
the Criminal Law for refusal to perform his or her obligations
without justified reason or for knowingly providing a false
opinion.
[26 October 2006; 1 November 2012; 19 September 2013; 2
February 2017]
Section 180. Recusal or Removal of
an Expert
(1) An expert may not participate in the examination of the
case if he or she has participated in a previous examination of
such case as a judge, and also in the other cases stipulated in
Section 117 of this Law.
(2) An expert may not participate in the examination of the
case also if:
1) pursuant to his or her official position or otherwise he or
she is or has been dependent on a participant to administrative
proceedings;
2) a participant to administrative proceedings in the case
being examined has, prior to the initiation of a case, been
connected with the performing of professional duties by such
expert;
3) it is determined that he or she is not competent in the
relevant issue.
(3) If the circumstances referred to in Paragraphs one and two
of this Section are present, an expert has an obligation to
recuse himself or herself prior to the commencement of the trial
of the case.
(4) A participant to administrative proceedings has the right
to apply for the removal of an expert.
(5) Removal of an expert shall be applied for and the court
shall decide it in accordance with the procedures prescribed in
Sections 118 and 119 of this Law.
Section 181. Expert Opinion
(1) An expert opinion must be reasoned and substantiated.
(2) The expert shall express his or her opinion in writing and
submit it to the court. Precise description of examination
performed, conclusions formed as a result thereof, and reasoned
answers to the questions asked by the court shall be included in
the expert opinion. If, upon performing expert-examination, the
expert determines circumstances which are relevant to the case
and regarding which questions have not been asked to him or her,
the expert may refer to these circumstances in his or her
opinion.
(3) If several experts are selected, they may consult with
each other. If the experts reach a common opinion, all the
experts shall sign it. If the opinions of the experts differ,
each expert shall write a separate opinion.
Section 182. Evaluation of Expert
Opinion
(1) A court shall evaluate expert opinion in accordance with
the provisions of Section 154 of this Law.
(2) If the expert opinion is not clear enough or is
incomplete, a court may order a supplementary expert-examination,
assigning the performance thereof to the same expert.
(3) If the expert opinion is not substantiated or reasoned, or
if the opinions of several experts contradict one another, the
court may order a repeated expert-examination, assigning the
performance thereof to another expert or several experts.
Section 183. Opinion of an Invited
Person (Amicus curiae)
In court proceedings, an opinion on the facts or points of law
may be provided, upon request of a court or with the permission
of a court, by an association of persons which is considered a
recognised representative of interests in the relevant sector and
from which a competent opinion may be expected, or a person
hearing of whose opinion may facilitate comprehensive and
objective examination of a case.
[11 November 2021]
Division Three
Court Proceedings in a Court of First Instance
Chapter 21
Submission of an Application
Section 184. Subject-matter of an
Application
(1) An application may be submitted regarding:
1) the issue, setting aside (setting aside in full or in part,
including amendment) or validity (invalidation, revocation, also
validation) of an administrative act;
2) actual action of an institution;
3) the existence, non-existence or the substance of specific
public legal relations arising directly from an external legal
act, if it is not possible to exercise the relevant legal
interests by means of an application referred to in Clauses 1 and
2 of this Section;
4) the conformity of a contract governed by public law with
legal provisions, the validity, conclusion or correctness of
fulfilment thereof.
(2) An application may be submitted also regarding:
1) the recognition of an administrative act as unlawful if a
court judgment regarding the unlawfulness of the administrative
act is necessary for requesting a compensation or in order to
prevent recurrence of similar cases;
2) the detection of an essential procedural violation
committed during the process of issuing an administrative act if
the procedural violation in itself has caused an essential
infringement of the rights or lawful interests of a person and a
court judgment is necessary for requesting a compensation or in
order to prevent recurrence of similar cases.
(3) The applications referred to in Paragraph two of this
Section may be submitted if it is impossible to implement the
relevant interests with the applications referred to in Paragraph
one of this Section.
[15 January 2004; 26 October 2006; 18 December 2008; 2
February 2017; 11 November 2021]
Section 185. Suspension or Renewal
of Operation of an Appealed Administrative Act or Actual
Action
(1) Submission of an application to a court for the setting
aside of an administrative act or revocation or invalidation
thereof shall suspend the operation of the administrative act
from the day the court receives the application.
(2) If an applicant is not an addressee of an administrative
act, then while the examination of a case on the merits is not
completed, the addressee of the administrative act may, by a
reasoned request, request the court to fully or partly renew
operation of the administrative act which has been suspended in
accordance with Paragraph one of this Section. The request shall
be submitted to the court which examines the case. The court
shall examine the request within a reasonable time limit by
taking into account the urgency of the situation but not later
than within one month from the day of initiation of the case but
if the case has been initiated - from the day of receipt of the
request.
(3) An ancillary complaint may be submitted regarding a court
decision which has been taken in relation to the request of the
addressee of the administrative act provided for in Paragraph two
of this Section. The court shall examine the ancillary complaint
within a reasonable time limit by taking into account the urgency
of the situation but not later than within one month.
(4) Paragraph one of this Section does not apply to the
following cases:
1) an administrative act imposes an obligation to pay a tax,
fee or make any other payment into the State or local government
budget, except for punitive payments (fines and penalties);
2) it is provided for by other laws;
3) on the basis of urgency of the execution of an
administrative act in a specific case, an institution has
especially determined that operation of an administrative is not
suspended by the submission of an application to a court;
4) administrative acts of the police, border guard, State Fire
and Rescue Service and other officials authorised by law have
been issued in order to immediately prevent a direct danger to
the national security, public order, environment, or the life,
health or property of persons;
5) an application has been submitted by an addressee of a
favourable administrative act in order to achieve the issue of a
more favourable administrative act;
6) an administrative act establishes, changes or terminates
the legal status of an official of an institution;
7) an actual action is appealed;
8) it is refused to establish legal relations under an
administrative act;
9) an application has been submitted regarding a general
administrative act;
10) an administrative act sets aside, cancels or suspends a
special permit (licence, certificate, accreditation, etc.);
11) an application has been submitted regarding an
administrative act which sets aside an unlawful administrative
act favourable to the addressee in accordance with Section 86,
Paragraph two, Clause 3 or 4 of this Law.
(5) In the cases specified in Paragraph four of this Section,
except for the case referred to in Clause 8 thereof or any other
cases specified by law, the applicant may, while the examination
of the case on the merits is not completed, request a court, by a
reasoned request, to suspend the operation of an administrative
act or actual action. The request shall be submitted to the court
which examines the case. The court shall examine the request
within a reasonable time limit by taking into account the urgency
of the situation but not later than within one month from the day
of initiation of the case but if the case has been initiated -
from the day of receipt of the request. A court decision to
suspend the operation of the administrative act shall come into
effect immediately.
(6) An ancillary complaint may be submitted regarding a court
decision which has been taken in relation to the request referred
to in Paragraph five of this Section. The court shall examine the
ancillary complaint within a reasonable time limit by taking into
account the urgency of the situation but not later than within
one month.
(7) If the court dismisses the application regarding the
setting aside of an administrative act, revocation or
invalidation thereof, the operation of the administrative act
shall be renewed as of the day the judgment comes into
effect.
(8) In deciding an issue on the suspension of operation of an
administrative act, a court may concurrently determine measures
to eliminate consequences resulting from the execution of the
administrative act which has already been commenced, if necessary
and possible.
[18 December 2008; 1 November 2012; 2 February 2017; 11
November 2021]
Section 185.1 Procedures
for Deciding a Request for the Suspension or Renewal of Operation
of an Administrative Act or Actual Action
(1) A court shall examine a request for the suspension of
operation of an administrative act or actual action or for the
renewal of operation of an administrative act in the written
procedure.
(2) In deciding a request for the suspension of operation of
an administrative act or actual action or for the renewal of
operation of an administrative act, a court shall take into
account whether the operation of the appealed administrative act
could cause a significant damage or losses the prevention or
compensation of which would be significantly hindered or would
require unreasonable resources and whether the appealed
administrative act is prima facie unlawful.
(3) [2 February 2017]
(4) A court shall refuse to accept for examination a request
for the suspension of operation of an administrative act if the
request has been submitted regarding the administrative act the
operation of which has been suspended on the basis of law by the
submission of the application to the court. An ancillary
complaint may be submitted regarding this decision.
(5) If a security deposit has not been paid for a request for
the suspension or renewal of operation of an administrative act
or actual action, and also if a request is not reasoned, signed
or accompanied by documents attesting to authorisation or it does
not conform to the requirements of the Official Language Law, a
court (judge) shall leave the request not proceeded with in
accordance with the procedures laid down for the leaving of an
application not proceeded with (Section 192). The time limits for
examination of the request specified for a court (judge) in
Section 185 of this Law shall be calculated from the day of
elimination of the deficiencies.
(6) A court shall terminate court proceedings regarding the
suspension of operation of an administrative act if it has
accepted for examination a request for the suspension of
operation of the relevant administrative act and the operation of
this act has been suspended on the basis of law by the submission
of the request to the court. An ancillary complaint may be
submitted regarding this decision.
[26 October 2006; 18 December 2008; 1 November 2012; 2
February 2017]
Section 186. Form and Content of an
Application
(1) An application shall be submitted in writing. If the
grounds included in the application are extensive, a judge may
request the applicant to submit a summary thereof.
(2) The following shall be indicated in an application:
1) the name of the court to which the application is
submitted;
2) the given name, surname, and place of residence of the
applicant, and also his or her representative if the application
is submitted by a representative, and also another address (if
any) where the person may be reached. If the applicant or his or
her representative is a legal person, its name, registration
number, if any, and the legal address shall be indicated. If the
applicant or his or her representative agree to use the e-case
portal for communication with the court, an indication regarding
the e-case portal as the means of communication shall be
included;
3) the telephone number or electronic mail address of the
applicant (his or her representative) if he or she agrees to use
the relevant means of communication for communication with the
court;
4) the name and address of the institution;
5) the grounds for the application and evidence if it is at
the applicant's disposal;
6) the claim;
7) the amount of the claim if it includes a claim to
compensate for financial losses or non-material damage;
8) the request to examine a case in the oral procedure if the
applicant wishes that a court of first instance examines the case
in the oral procedure;
9) the request for the provision of the State ensured legal
aid if the person has the right thereto;
10) other information which may be relevant to the examination
of the case;
11) a list of documents appended to the application;
12) the place and time of the drawing up of the
application.
(3) [2 February 2017]
(4) An application shall be signed by the applicant or a
representative thereof. If the application is submitted on behalf
of the applicant by the representative, he or she shall append to
the application an appropriate power of attorney or any other
document which attests to the authorisation of the representative
to submit the application.
[18 December 2008; 1 November 2012; 2 February 2017; 11
November 2021]
Section 187. Documents to be
Appended to the Application
(1) Documents attesting to the following shall be appended to
an application:
1) [1 November 2012];
2) compliance with extrajudicial examination procedures if
such are prescribed by law;
3) the circumstances on which the claim or the request is
based.
(2) [11 November 2021]
(3) [11 November 2021]
[1 November 2012; 2 February 2017; 11 November
2021]
Section 188. Term for the Submission
of an Application
(1) An application for the issue, setting aside, validity,
recognition of an administrative act as unlawful or establishing
of a procedural violation committed in the issue process of an
administrative act may be submitted within one month from the day
when a decision by a higher institution with regard to the
submission on the contestation has come into effect.
(2) If there is no higher institution or it is the Cabinet,
the application may be submitted within one month from the day
the administrative act comes into effect.
(3) If it is not indicated in the administrative act where and
in what term it may be appealed, the application may be submitted
in the cases referred to in Paragraphs one and two of this
Section within a year from the day the administrative act comes
into effect.
(31) If an administrative act restricts the rights
or legal interests of a private person but the private person has
not been notified thereof, an application may be submitted within
one month from the day when the private person has become aware
thereof but not later than within one year from the day this
administrative act comes into effect.
(4) An application regarding the actual action of an
institution may be submitted within one month from the day when a
decision by a higher institution regarding the contested actual
action has come into effect. If this decision does not specify
the appeal procedures and terms, an application may be submitted
within one year from the day this decision comes into effect. If
an institution which has performed the relevant actual action
does not have a higher institution or it is the Cabinet, an
application regarding the actual action of the institution may be
submitted within one year from the day when the applicant has
become aware thereof (Section 91, Paragraph four).
(5) If an institution or a higher institution has failed to
notify the applicant of the decision regarding his or her
submission, the application may be submitted to a court within
one year from the day when the person applied with his or her
submission to the institution or the higher institution.
(6) An application regarding a contract governed by public law
may be submitted within one year from the day when a person found
out or was supposed to find out the grounds for having recourse
to legal proceedings in relation to the contract.
[18 December 2008; 1 November 2012]
Section 189. Submission of an
Application to a Court
(1) An application shall be submitted to a relevant courthouse
of the District Administrative Court according to the address of
the applicant [natural person - according to the address of the
declared place of residence, additional address (within the
meaning of the Declaration of Place of Residence Law) or location
of the immovable property, legal person - according to the legal
address].
(2) A person who is in a prison shall submit an application to
a court according to the address of the prison.
(3) An applicant who does not have an address in the Republic
of Latvia shall submit an application to the Riga Courthouse of
the District Administrative Court.
(4) If an application is submitted by several applicants, it
shall be submitted to a relevant courthouse of the District
Administrative Court according to the address of one
co-applicant.
(5) If an application is submitted by violating the
abovementioned procedures for submitting an application, a
courthouse which has received the application shall forward it to
the relevant courthouse. If the application submitted by several
applicants has been submitted incorrectly, a court shall
determine a courthouse which has jurisdiction according to the
address of the co-applicant who has been indicated as the first
one in the application.
(6) A date of submission of the application in the case
provided for in Paragraph five of this Section shall be deemed
the initial date when the application has been submitted to the
court.
(7) If the law prescribes that an administrative case shall be
examined by the Regional Administrative Court or the Supreme
Court as a court of first instance rather than the District
Administrative Court, an application shall be submitted to the
relevant court.
[1 November 2012; 2 February 2017]
Section 190. Deciding on an
Application
(1) Upon receipt of an application in a court (a relevant
courthouse), a judge shall take a decision on the following:
1) acceptance of the application and initiation of a case;
2) refusal to accept the application;
3) leaving the application not proceeded with;
4) refusal to examine the application (Section
191.1);
5) satisfaction of the application without initiating a
case.
(11) A judge shall take one of the decisions
referred to in Paragraph one of this Section within seven days.
If the application is complicated or there is a possibility to
apply Sections 191.1 and 191.2 of this Law,
or a request is made in the application for the provision of the
State ensured legal aid, the judge may, by a resolution, extend
the deciding on the application by one month.
(2) If the procedural time limit for the submission of an
application to a court is not met, the time limit specified in
Paragraph 1.1 of this Section shall be calculated from
the day when a judge has decided an issue regarding the renewal
of the procedural time limit.
(3) If a judge may not take one of the decisions referred to
in Paragraph one of this Section due to the circumstances
provided for in Section 121, Paragraph four of this Law, he or
she shall address the President of the Supreme Court with a
submission to settle an issue of subordination.
(4) In deciding an issue of an application, a judge may, if
necessary, invite the possible participants to the proceedings to
appear in order to question them about the legal and actual
circumstances which are relevant when deciding the issue of the
initiation of a case. The judge may notify an invitation to
appear by using a telephone, electronic mail or any other means
of communication.
(5) If the State fee has not been paid for an application, a
judge shall, in accordance with Section 192 of this Law, leave
the application not proceeded with and not assess the conformity
thereof with other requirements of the Law (acceptance criteria
of the application).
(6) Paragraphs one, 1.1, and two of this Section
shall be applicable when a judge decides on the action to be
taken on the complaints provided for in this Law.
[26 October 2006; 18 December 2008; 1 November 2012; 2
February 2017]
Section 190.1 Renewal of
a Procedural Time Limit when Submitting an Application
(1) If the applicant has failed to meet the procedural time
limit for the submission of an application to a court, he or she
shall request the court to renew the procedural time limit when
submitting the application. The fact that the applicant has
failed to request to renew the procedural time limit shall form
the grounds for leaving the application not proceeded with
(Section 192, Paragraph one, Clause 3).
(2) A judge shall decide an issue on the renewal of the
procedural time limit in the written procedure.
[26 October 2006]
Section 191. Reasons for
Non-acceptance of Application
(1) A judge shall refuse to accept an application if:
1) the case may not be examined in accordance with the
procedures of administrative proceedings;
2) within the proceedings of the same court or another court
there is a case between the same participants to administrative
proceedings regarding the same subject-matter and on the same
grounds;
3) a court judgment or a court decision to terminate court
proceedings, or a decision of a judge to refuse to accept an
application due to withdrawal of a claim by the applicant has
come into effect in a case between the same participants to
administrative proceedings regarding the same subject-matter and
on the same grounds;
4) [1 November 2012];
5) the applicant has not complied with preliminary
extrajudicial examination procedures prescribed by law for such
category of cases;
6) the application has been submitted by a person whose legal
capacity has been restricted by court preventing him or her from
exercising independently the administrative procedural rights and
obligations;
7) the application has been submitted on behalf of the
applicant by a person who is not authorised in accordance with
the procedures prescribed by law;
8) an application has been submitted by a person who does not
have the right to submit the application;
9) the application has been submitted more than three years
after the day the administrative act has come into effect or
three years after the day when the applicant found out or was
supposed to find out the specific actual action of an
institution. The time limits referred to in this Clause may not
be renewed;
10) the court has not renewed the procedural time limit which
was not met for the submission of the application;
11) such application has been re-submitted to a court the
acceptance of which the court (judge) has already refused on the
basis of Clause 1, 2, 3, 8, 9, or 10 of this Paragraph or the
examination of which has been refused on the basis of Section
191.1 of this Law, or with regard to which the court
proceedings have been terminated on the basis of Section 282,
Clause 1, 2, 3, 8, or 9 of this Law;
12) [11 November 2021];
13) the applicant withdraws the application before a judge has
taken a decision to accept the application and initiate a
case.
(2) A judge shall take a reasoned decision on the refusal to
accept an application. The application submitted shall be issued
to the applicant after the decision has come into effect.
(3) An ancillary complaint may be submitted regarding a
decision to refuse to accept an application. The term for the
submission of an ancillary complaint shall be calculated from the
day when the applicant receives such decision.
(4) Refusal of a judge to accept an application on the basis
of Paragraph one, Clauses 5-7 of this Section is not an obstacle
to the submission of such application to the court when the
existing deficiencies are eliminated.
(5) If a case regarding which an application has been
submitted does not fall within the jurisdiction of this court, it
shall forward the application to the court that has
jurisdiction.
[26 October 2006; 18 December 2008; 1 November 2012; 2
February 2017; 11 November 2021]
Section 191.1 Refusal to
Examine an Application
(1) A judge may refuse to examine an application and return it
to the applicant if the application is manifestly unfounded
(manifestly to be dismissed on the merits), manifestly
inadmissible or objectively incomprehensible, or outright
insulting and defiant.
(2) A judge shall draw up a decision to refuse to examine an
application in the form of a separate procedural document and
evaluate the existence of the circumstances referred to in
Paragraph one of this Section in the reasoned part of the
decision.
(3) The applicant may submit an ancillary complaint regarding
a decision of a judge to refuse to examine an application within
14 days from the day of receipt of the decision. Upon examining
the ancillary complaint, a higher instance court shall itself
evaluate whether, in accordance with the circumstances specified
in Paragraph one of this Section, there are grounds for refusal
of the examination of the application.
[1 November 2012; 11 November 2021]
Section 191.2
Satisfaction of an Application without Further Trial of the
Case
(1) If, upon deciding an issue of an application, a judge,
after having had access to this application and questioned
possible participants to the proceedings, obtains assurance that
this application is to be satisfied, and if the application does
not affect a significant legal issue, he or she may satisfy the
application without further trial of the case.
(2) A judge shall draw up a decision to satisfy an application
without further trial of the case in the form of a separate
procedural document.
(3) Potential participants to the proceedings may submit an
ancillary complaint regarding a decision of a judge to satisfy an
application without further trial of the case within 14 days from
the day of receipt of this decision. Upon examining the ancillary
complaint, a higher instance court shall itself evaluate whether,
in accordance with the circumstances specified in Paragraph one
of this Section, there are grounds for satisfaction of the
application without further trial of the case.
[1 November 2012]
Section 192. Leaving an Application
Not Proceeded With
(1) A judge shall leave an application not proceeded with
if:
1) the application does not conform to the requirements
specified in Section 186 of this Law or the Official Language
Law;
11) the State fee has not been paid for the
application;
2) the application is not accompanied by all of the documents
referred to in Section 187, Paragraphs one and two of this
Law;
3) the application has been submitted after expiry of the term
for appeal and it has not been accompanied by a request for
renewal of the procedural time limit and a reasoned explanation
regarding reasons for or evidence of the failure to meet the
procedural time limit which attests to the reason for the failure
to meet the term for appeal.
(2) A judge shall take a reasoned decision regarding leaving
an application not proceeded with, notify the applicant thereof,
and stipulate a term for elimination of deficiencies. Such term
shall not be shorter than 20 days from the day the decision is
sent.
(21) Upon taking a decision to leave an application
not proceeded with, a judge may invite the potential participants
to the proceedings to appear within the framework of the
specified term for the elimination of deficiencies in order to
question them about the reasons which are related to the leaving
of the application not proceeded with. The judge may notify an
invitation to appear by using a telephone, electronic mail or any
other means of communication. If as a result of the questioning
of the potential participants to the proceedings the judge
obtains information the incompleteness of which has formed the
grounds for leaving the application not proceeded with, he or she
may recognise that the deficiencies shall be deemed eliminated.
This decision of the judge shall be recorded in the minutes of
hearing.
(3) If the applicant eliminates the deficiencies within the
specific term, the application shall be considered submitted on
the day it was first submitted to the court.
(4) If the applicant fails to eliminate the deficiencies
within the specific term, the application shall, by a reasoned
decision, be recognised as not submitted and shall be returned to
the applicant. An ancillary complaint may be submitted regarding
this decision.
(5) The return of the application to the applicant is not an
obstacle to its repeated submission to the court in compliance
with the general procedures for submitting applications
prescribed by this Law.
(6) If an application is not accompanied by the documents
referred to in Section 187, Paragraph one of this Law and the
applicant does not have a possibility to submit these documents,
a judge shall leave the application not proceeded with and
request the missing documents from institutions and persons upon
its own initiative.
[26 October 2006; 1 November 2012 / See Paragraph 13 of the
Transitional Provisions]
Section 193. Joinder of Claims and
Administrative Cases
(1) An applicant may join several mutually related claims in
one application.
(2) If there are several cases of the same type in the
proceedings of a court involving the same participants to
administrative proceedings, or cases involving applications of
one applicant against several defendants or applications of
several applicants against the same defendant, a judge may join
these cases into one set of proceedings, if such joinder promotes
a faster and more correct examination of the administrative
cases.
(3) A decision to join cases shall be drawn up in the form of
a separate procedural document.
[26 October 2006; 18 December 2008]
Section 194. Separation of Claims
and Administrative Cases
(1) A court or a judge may direct an applicant to separate out
one or several of claims, which have been joined, into a separate
application if separate examination of the claims is found to be
useful.
(2) The court examining a case may, pursuant to its decision,
separate out one or several of claims, which have been joined,
into a separate case if the examination thereof in one proceeding
has become problematic or impossible.
Section 194.1 Deciding on
Amendments and Additions to an Application
If any amendments or additions to an application have been
received, a court (judge) shall evaluate applicability thereof to
a specific case and take a decision to add them to the case or,
if the court (judge) believes that the submitted amendments or
additions are not applicable to the specific case but
substantially form a new application, shall hand them over to the
Court Registry as a separate application the acceptance of which
is to be evaluated in accordance with the general procedures. If
the court (judge) establishes that the submitted amendments or
additions to the application apply to the case before it but
there are other obstacles to the acceptance and adding thereof to
the case (Section 191, Paragraph one), the court (judge) shall
decide itself on the acceptance of the submitted amendments or
additions in accordance with the provisions of Section 190 of
this Law.
[18 December 2008; 1 November 2012]
Section 194.2 Submission
and Examination of a Cross-application
(1) The defendant may submit a cross-application in a case
which has been initiated regarding compliance of a contract
governed by public law with legal provisions, validity,
conclusion or correctness of execution thereof until the moment
the examination of the case on its merits is completed before a
court of first instance.
(2) A cross-application shall be submitted in accordance with
the general conditions regarding submission of application.
(3) A court (judge) shall accept a cross-application if:
1) a mutual set-off is possible between the application and
the cross-application;
2) satisfaction of the cross-application excludes, in full or
in part, the satisfaction of the application;
3) the cross-application and the application are mutually
related, and joint examination thereof would promote a faster and
more correct trial.
(4) A cross-application shall be examined together with an
application.
(5) If an application has been withdrawn, a cross-application
shall be examined independently.
[2 February 2017]
Chapter 22
Interim Measure
Section 195. Basis for an Interim
Measure
(1) If there are grounds to believe that the appealed
administrative act or consequences of non-issue of the
administrative act might cause significant damage or losses the
prevention or compensation of which would be significantly
hindered or would require unreasonable resources, and if, upon
evaluating information at the disposal of the court, it may be
established that the appealed administrative act is prima facie
unlawful, the court may, upon a reasoned request of the
applicant, take a decision on an interim measure.
(2) If the applicant is not an addressee of the administrative
act, a request for an interim measure may also be submitted by
the addressee of the administrative act. The request for an
interim measure shall indicate a specific interim measure.
(3) The request shall be submitted to the court which examines
the case.
[26 October 2006; 18 December 2008]
Section 196. Means of an Interim
Measure
Means of an interim measure may be as follows:
1) a court decision which substitutes for the requested
administrative act or actual action of an institution until a
court judgment;
2) a court decision which imposes an obligation on the
relevant institution to perform a specific action within a
specific term or prohibits a specific action;
3) a court decision by which the Land Register is assigned to
register a prohibition to act with the immovable property of a
person.
[18 December 2008]
Section 197. Procedures for Deciding
a Request for an Interim Measure
(1) A request for an interim measure shall be examined in the
written procedure. A court shall examine the request within a
reasonable time limit by taking into account the urgency of the
situation but not later than within one month from the day of
initiation of the case but if the case has been initiated - from
the day of receipt of the request.
(2) [2 February 2017]
(3) If a security deposit has not been paid for a request for
an interim measure, and also if a request is not reasoned, signed
or accompanied by documents attesting to authorisation or it does
not conform to the requirements of the Official Language Law, a
court (judge) shall leave the request not proceeded with in
accordance with the procedures laid down for the leaving of an
application not proceeded with (Section 192). The time limits for
examination of the request specified for a court (judge) in
Paragraph one of this Section shall be calculated from the day of
elimination of the deficiencies.
[26 October 2006; 18 December 2008; 1 November 2012; 2
February 2017]
Section 198. Changing the Means of
Interim Measure
A court may, upon request of the participant to administrative
proceedings, replace the prescribed interim measure with another
interim measure. A request for the change of the interim measure
shall be examined in the written procedure.
[18 December 2008]
Section 199. Execution of a Decision
on an Interim Measure
A decision on an interim measure shall be executed immediately
if it has been determined by a court in a decision.
[11 November 2021]
Section 200. Setting Aside of an
Interim Measure
(1) An interim measure may be set aside by a court which
examines a case upon request of a participant to the
administrative proceedings.
(2) A request for the setting aside of an interim measure
shall be examined in the written procedure.
(3) A request for the setting aside of an interim measure may
also be decided in the course of examination of the case.
(4) If an interim measure is terminated as a court revokes it
or renders a judgment by which an application is rejected, or
takes a decision by which an application is left not proceeded
with, or a decision by which the court proceedings are terminated
in the case in accordance with Section 282, Clause 1, 2, 3, 4, 8,
or 9 of this Law, a court shall, upon a request of a participant
to the administrative proceedings, decide to eliminate
consequences of the execution of the interim measure. A
participant to the administrative proceedings may make a relevant
request during the course of the examination of the case or after
rendering of a judgment or taking of a decision by suggesting to
render a supplementary judgment or take a supplementary decision.
If the consequences of the enforcement of the interim measure are
eliminated by recovering monetary amounts into the State budget,
it shall be executed in accordance with the procedures laid down
in Section 377.1 of this Law.
(5) If it is impossible to eliminate consequences of the
execution of an interim measure or it would cause a
disproportionate restriction on the rights of a private person, a
court may reject a request for the elimination of consequences of
the execution or determine proportionate measures for the
elimination of consequences of the execution.
[18 December 2008; 2 February 2017; 11 November
2021]
Section 201. Termination of an
Interim Measure
If a request for the setting aside of an interim measure is
rejected, the interim measure shall remain in effect until the
day when a judgment comes into effect.
[18 December 2008]
Section 202. Appeal of a Decision on
an Interim Measure
(1) An ancillary complaint may be submitted regarding a
decision regarding the issue of an interim measure (except for a
decision to refuse to accept a re-submitted request for an
interim measure).
(2) [18 December 2008]
(3) [11 November 2021]
(4) [11 November 2021]
[18 December 2008; 2 February 2017; 11 November
2021]
Chapter 23
Preparation of an Administrative Case for Trial
Section 203. Forwarding an
Application to a Defendant and an Explanation of the
Defendant
(1) After acceptance of an application for examination, the
application and the documents appended thereto shall be
immediately sent to the defendant and he or she shall be invited
to provide written explanations within a month from the day the
application is sent. If a case is examined on a priority basis or
if an interim measure is decided, a judge may determine a shorter
term for the submission of explanations. If the defendant fails
to meet the term for the submission of explanations and this
delay impedes timely examination of the case, the court (judge)
may impose a pecuniary penalty of up to EUR 300 on the
defendant.
(2) In the explanation the defendant shall set out objections
against the application and append the evidence supporting such
objections. The defendant may also admit the claim of the
applicant in full or in part. If the grounds included in the
explanation are extensive, a judge may request the defendant to
submit a summary thereof.
(3) [11 November 2021]
(4) Failure to submit an explanation is not an obstacle to the
examination of the case.
[26 October 2006; 1 November 2008; 19 September 2012; 2
February 2017; 11 November 2021]
Section 204. Actions of a Judge upon
Preparing a Case for Trial
(1) Upon preparing a case for trial, a judge shall perform the
following procedural actions:
1) decide an issue regarding summoning of third persons to the
case or regarding the need to impose an obligation on third
persons to appoint one joint representative for the
representation of interests thereof;
2) decide an issue regarding securing of evidence;
3) decide an issue regarding sending of court assignments to
other courts;
4) decide an issue regarding the summoning of an authority
referred to in Section 30 of this Law;
5) decide an issue regarding summonsing of witnesses to the
court hearing;
6) decide an issue regarding the ordering of
expert-examination in the case;
7) request written and physical evidence in accordance with
the procedures prescribed in Sections 169 and 173 of this
Law;
8) decide an issue as to whether the case is to be examined in
the oral procedure;
9) determine the defendant or decide an issue regarding the
substitution of the defendant if a defendant is not indicated in
the application or is indicated incorrectly;
10) [11 November 2021];
11) perform other necessary procedural actions.
(2) In a case which is to be examined in the written procedure
a judge shall specify a reasonable term for participants to the
proceedings by which additional explanations and any other
submissions or requests as well as evidence are to be
submitted.
(3) Where necessary, a judge may concurrently invite
participants to the administrative proceedings and
representatives thereof to appear in order to question them about
the substance of the case, objections against the application, to
explain their procedural rights and obligations, and also to
decide other issues related to the preparation of the case.
(4) A judge may ask participants to the administrative
proceedings to answer the questions in writing regarding actual
circumstances and legal nature of the case.
(5) [2 February 2017]
(6) [2 February 2017]
(7) A court (judge) may determine that procedural actions in a
court hearing are performed through video conferencing if a
participant to the proceedings, a witness or an expert is in
another place during the court hearing and may not appear at the
location of the court hearing.
[26 October 2006; 18 December 2008; 1 November 2012; 2
February 2017; 11 November 2021]
Section 205. Sending of an
Explanation
After an explanation is received from a defendant, the court
shall immediately send it to an applicant and a third person.
[11 November 2021]
Section 206. Determination of
Examination of a Case
(1) A court of first instance shall examine an administrative
case on the merits in the written procedure.
(2) A court shall determine that an administrative case is to
be examined on the merits in the oral procedure if it has been
requested by an applicant, a third person or a legal entity
referred to in Section 29 of this Law as well as a defendant - a
private person in the cases regarding contracts governed by
public law.
(3) If a case is to be examined in the written procedure,
after receipt of an explanation or expiry of the term specified
for the submission thereof a judge shall determine the day by
which participants to the proceedings may submit additional
explanations, any other submissions or requests as well as
evidence.
(4) If it has been determined that a case is to be examined in
the oral procedure, after receipt of an explanation or expiry of
the term specified for the submission thereof a judge shall
determine the day and time of a court hearing, and the persons to
be summoned and summonsed to the court.
[1 November 2012]
Chapter 24
Court Hearing
Section 207. Restrictions on
Presence of Persons in a Courtroom
The number of persons to be admitted to a courtroom shall be
determined by a court in accordance with the number of places in
the courtroom. Relatives of an applicant or any other persons
invited by the applicant, and mass media employees have the
priority to be present at the trial of the case.
[26 October 2006]
Section 208. Procedures during a
Court Hearing
(1) Participants to administrative proceedings, witnesses,
experts and interpreters and other persons present at a court
hearing shall follow the procedures set out in this Law and
without objection obey the instructions of the chairperson of the
court hearing and the court decisions.
(2) The persons present in the courtroom shall behave so as
not to disrupt the course of the court hearing.
(3) When the court enters and when the court leaves the
courtroom, all persons present in the courtroom shall rise.
(4) While giving explanations and testimonies to the court,
participants to administrative proceedings, witnesses, experts,
and interpreters shall stand.
(5) All persons present in a courtroom shall stand while
hearing the judgment of the court.
(6) Derogation from the provisions of Paragraphs three, four
or five of this Section may only be allowed with the permission
of the chairperson of the court hearing.
Section 209. Maintaining of Order at
a Court Hearing
(1) The court shall give a warning to a person who disturbs
the order during the trial of a case.
(2) If a person who is not a participant to the proceedings
disturbs the order repeatedly, the court shall exclude him or her
from the courtroom. Such person may also be held liable for
contempt of court in accordance with the procedures prescribed by
law.
(3) If a participant to the administrative proceedings, a
witness, an expert or an interpreter disturbs the order
repeatedly, a court may impose a pecuniary penalty of up to EUR
300 on such persons or exclude them from the courtroom.
(4) If an excluded applicant, defendant or third person is
admitted to the same court hearing anew, the chairperson of the
court hearing shall acquaint such person with the procedural
actions which have been performed during his or her absence.
[26 October 2006; 1 November 2012; 19 September 2013; 2
February 2017]
Section 210. Video Conferencing
In case of video conferencing procedural actions shall be
performed in a court hearing by using technical means - a
real-time image and sound transmission. Procedural actions shall
be performed by video conferencing in accordance with the
procedures laid down in this Law for trial of administrative
cases.
[1 November 2012]
Chapter 25
Trial of an Administrative Case
Section 211. Presiding over a Court
Hearing
(1) A court hearing shall be presided over by one of the
judges who is participating in the examination of the case
(hereinafter - the chairperson of the court hearing).
(2) The chairperson of the court hearing shall preside over
the examination of the case so that equal opportunity to
participate in examining the facts of the case and the objective
trial of the case is ensured for all participants to the
administrative proceedings.
[15 January 2004]
Section 212. Commencement of a Court
Hearing
At the time set for the trial of a case, the court shall enter
the courtroom, open the court hearing, announce what case is to
be examined, and identify the composition of the court and the
interpreter if an interpreter is participating in the case.
Section 213. Verifying the
Attendance of Summoned and Summonsed Persons
(1) The court recorder shall report to the court which persons
summoned or summonsed to the case have appeared, whether the
persons who have failed to appear have been notified of the court
hearing, and what information has been received regarding the
reasons for the absence thereof.
(2) The court shall verify the identity of the persons who
have appeared as well as the authorisations of officials and
representatives.
Section 214. Consequences of Failure
to Appear of Participants to Administrative Proceedings,
Witnesses, Experts or Interpreters
(1) If a participant to administrative proceedings, a witness,
an expert or an interpreter has failed to appear at a court
hearing, the court shall commence the examination of the case,
provided that there are no grounds for postponing it in
accordance with Sections 268 or 269 of this Law.
(11) An institution may request to examine a case
without the presence of the representative thereof. Such request
of the institution shall be submitted to a court not later than
within one week before a court hearing.
(2) If a participant to the administrative proceedings who has
failed to appear at a court hearing has not notified the court of
the reason for his or her failure to appear in a timely manner,
the court may impose a pecuniary penalty of up to EUR 300 on such
person.
(3) If any of the participants to the administrative
proceedings fails to appear at a court hearing for the reasons
which the court finds unjustified, the court may impose a
pecuniary penalty of up to EUR 300 on such person.
(4) Witnesses and experts who have failed to appear at a court
hearing shall be subject to the procedural sanctions stipulated
in Sections 166 and 179 of this Law.
[26 October 2006; 1 November 2012; 19 September 2013; 2
February 2017]
Section 215. Participation of an
Interpreter in a Court Hearing
(1) A court shall explain to an interpreter his or her duty to
translate the explanations, questions, testimony, applications
and petitions of those persons who are not fluent in the language
of the court proceedings, and to translate to such persons the
explanations, questions, testimony, applications and petitions of
other participants in the administrative proceeding, the content
of documents read, court instructions and court rulings.
(2) The court shall warn the interpreter that he or she may be
held criminally liable in accordance with the Criminal Law for
refusal to interpret or for knowingly false interpretation.
(3) If it is ascertained that an interpreter is failing to
provide appropriate translation, removal of the interpreter may
be applied for.
Section 216. Exclusion of Witnesses
from a Courtroom
Witnesses shall be excluded from the courtroom until
commencement of their interrogation. The chairperson of the
hearing shall ensure that the interrogated witnesses do not
communicate with the witnesses who have not been
interrogated.
Section 217. Explanation of Rights
and Obligations to Participants to Administrative Proceedings
During the course of the examination of a case a court shall
explain to participants to the administrative proceedings their
procedural rights and obligations.
[1 November 2012]
Section 218. Taking a Decision on
Removal
(1) A court shall ascertain whether participants to the
administrative proceedings wish to remove a judge, an expert or
an interpreter.
(2) A court shall decide on the submitted removals in
accordance with the procedures laid down in Section 119 of this
Law.
Section 219. Explanation of Rights
and Obligations to an Expert
If a person selected as an expert is not a forensic expert
certified in accordance with the Law on Forensic Experts, the
court shall explain to the expert his or her rights and
obligations and warn them that for refusal to provide an opinion,
or knowingly providing a false opinion, an expert may be held
criminally liable in accordance with the Criminal Law.
[11 November 2021]
Section 220. Deciding on the
Requests Submitted by Participants to Administrative
Proceedings
The court shall ascertain whether the participants to the
administrative proceedings have requests related to the trial of
the case and decide these after hearing the opinion of other
participants to the administrative proceedings.
Section 221. Commencement of the
Examination of a Case on the Merits
(1) Examination of a case on the merits shall commence with
the judge's report on the circumstances of the case.
(2) After the report, the court shall ascertain whether the
applicant maintains the claim contained in the application, and
whether the defendant admits it.
[15 January 2004]
Section 222. Withdrawal of a Claim
and Admission of a Claim
(1) Withdrawal of a claim expressed orally in a court hearing
shall be recorded by using technical means. If the course of
court hearing is recorded by writing full minutes of the court
hearing, withdrawal of a claim shall be recorded in the minutes
of the court hearing. Withdrawal of a claim which has been
submitted to the court in writing shall be appended to the case
file.
(2) Admission of a claim in a court hearing shall be recorded
by using technical means. If the course of court hearing is
recorded by writing full minutes of the court hearing, admission
of a claim shall be recorded in the minutes of the court hearing.
The admission of a claim which has been submitted to the court in
writing shall be appended to the case file.
(3) It is possible to withdraw a claim and admit a claim
before the examination of a case on its merits has been
completed.
(4) The court shall take a decision on the withdrawal of a
claim by an applicant by which the court proceedings in the case
shall concurrently be terminated.
[2 February 2017; 11 November 2021]
Section 223. Explanations of
Participants to Administrative Proceedings
(1) Participants to administrative proceedings shall provide
explanations at a court hearing in the following order: an
applicant, a third person with independent claims, and a
defendant.
(2) If a third person who does not have independent claims
participates in the case, he or she shall provide explanations
following the applicant or the defendant, depending on whose side
the relevant person participates in the proceedings.
(3) A legal entity which has applied to the court with an
application in order to defend the rights and legal interests of
a person shall be the first to provide explanations at a court
hearing.
(4) Representatives of participants to administrative
proceedings shall provide explanations on behalf of the persons
they represent.
(5) Participants to the administrative proceedings shall state
in their explanations the circumstances upon which their claims
or objections are based. If the applicant and the defendant have
recognised a legal fact, it shall be recorded by using technical
means. If the course of court hearing is recorded by writing full
minutes of the court hearing, admission of a legal fact shall be
recorded in the minutes of the court hearing.
(6) If participants to administrative proceedings refer to
evidence and the court finds that such evidence is necessary, the
court may direct that the evidence be submitted.
(7) Participants to administrative proceedings are entitled to
submit their explanations to the court in writing.
(8) [11 November 2021]
(9) A court may limit the length of the provision of
explanations by ensuring that the parties have equal right to
speak.
[2 February 2017; 11 November 2021]
Section 224. Oath of an
Applicant
(1) If there is no other evidence or the evidence is not
reliable enough, an applicant who is a natural person may,
pursuant to the invitation of the court, confirm, under oath, his
or her explanations containing information on the facts on which
his or her claims or objections are based.
(2) Before giving the explanation, the applicant shall give an
oral attestation of the following content:
"I, (given name and surname), affirm by oath that I will, to
the best of my conscience, tell the truth and only the truth and
will not conceal anything. It has been explained to me that for
knowingly deceiving the court I may be held criminally liable in
accordance with the Criminal Law."
(3) [11 November 2021]
[11 November 2021]
Section 225. Procedures for Asking
Questions
(1) Participants to administrative proceedings may ask
questions to each other with the permission of the court. The
court shall reject the questions that are not relevant to the
case.
(2) The court may ask questions to the participants to the
administrative proceedings at any moment during the trial of a
case.
Section 226. Establishment of
Procedures for the Examination of Evidence
The court may, upon its own initiative or the request of a
participant to administrative proceedings, determine a different
order of examination of evidence than specified in this Law.
Section 227. Warning a Witness
(1) Prior to the interrogation of a witness, a court shall
ascertain his or her identity, explain the right to refuse to
testify, and warn him or her that he or she may be held
criminally liable for knowingly providing false testimony or for
unjustified refusal to testify.
(2) Prior to interrogation, the witness shall give an oral
attestation of the following content:
"I, (given name, surname), undertake to testify to the court
regarding everything that I know about the case in which I have
been summoned as a witness. It has been explained to me that for
knowingly providing false testimony or for unjustified refusal to
testify I may be held criminally liable in accordance with the
Criminal Law."
(3) [11 November 2021]
(4) A court shall explain to a witness who has not attained
the age of fourteen years his or her obligation to testify
truthfully, tell everything he or she knows about the case but
shall not warn such witness regarding the consequences of
unjustified refusal to testify or regarding knowingly providing
false testimony.
[11 November 2021]
Section 228. Interrogation of a
Witness
(1) Each witness shall be interrogated separately.
(2) A witness shall give a testimony and answer questions
orally.
(3) A court shall ascertain a relationship between a witness
and participants to the administrative proceedings and ask the
witness to tell the court everything that he or she personally
knows about the case by avoiding the provision of information the
source of which he or she cannot indicate as well as expressing
his or her own assumptions and conclusions. The court shall
interrupt the narrative of the witness if he or she speaks about
the circumstances that are not relevant to the case.
(4) With the permission of a court, participants to
administrative proceedings may ask questions to a witness.
Questions shall be first asked by the participant to the
administrative proceedings upon whose request a witness has been
summonsed, and thereafter by other participants to the
administrative proceedings. Questions to the witness summoned
pursuant to the initiative of the court shall be first asked by
the applicant, and thereafter by other participants to the
administrative proceedings. The court shall reject questions that
are not relevant to the case.
(5) A court may ask questions to a witness at any time during
the interrogation thereof.
(6) If necessary, a court may interrogate a witness for the
second time during the same or the next hearing as well as
confront witnesses with each other.
(7) If the circumstances for the determination of which
witnesses have been summonsed are determined, a court may, with
the consent of the participants to the administrative
proceedings, decide to not interrogate the witnesses who are
present, taking a relevant decision regarding it.
Section 229. Right of a Witness to
Use Written Notes
When testifying, a witness may use written notes if his or her
testimony is related to calculations or other data which are
difficult to remember. Such notes shall be presented to the court
and the participants to the administrative proceedings and may,
according to a court decision, be appended to the case file.
Section 230. Interrogation of a
Witness who is a Minor
(1) The interrogation of a witness who is a minor may be
conducted, at the discretion of the court, in the presence of a
lawful representative, a specialist in children's rights, a
psychologist or a teacher. Such persons may also ask questions to
the witness who is a minor.
(2) If it is necessary for the purpose of clarification of the
truth, any participant to the administrative proceedings and any
person present in the courtroom may, pursuant to a court
decision, be excluded from the courtroom during the interrogation
of a minor witness. After the participant to the administrative
proceedings has returned to the courtroom, he or she shall be
acquainted with the testimony of the witness who is a minor and
given an opportunity to ask questions to such witness.
Section 231. Examination of the
Testimony of a Witness
The testimony of a witness obtained in accordance with the
procedures for securing evidence or court assignment, or upon
request of a participant to the proceedings, or upon initiative
of the court shall be examined during the court hearing.
[11 November 2021]
Section 232. Obligation of an
Interrogated Witness
An interrogated witness shall remain in the courtroom until
the end of the trial of the case. He or she may leave the
courtroom prior to the end of the trial of the case according to
a court decision which has been taken after hearing the opinion
of participants to the administrative proceedings.
Section 233. Examination of an
Expert Opinion and Interrogation of an Expert
(1) An expert opinion shall be examined at the court
hearing.
(2) A court and participants to the administrative proceedings
may ask questions to an expert in the same order and in
accordance with the same procedures as to witnesses.
(3) A court may order supplementary or repeated
expert-examination in the cases specified in Section 182 of this
Law.
[2 February 2017; 11 November 2021]
Section 234. Examination of Written
Evidence
(1) Written evidence in the case or the minutes of the
examination thereof shall be presented to participants to
administrative proceedings and, if necessary, also to experts and
witnesses.
(2) The court shall take a decision on the appending of the
written evidence to the case file after it has acquainted the
participants to the administrative proceedings with the contents
of such evidence and has heard their opinion.
(3) Personal correspondence may be examined at an open court
hearing only with the consent of the persons involved in such
correspondence. If there is no such consent or the relevant
persons are deceased, the abovementioned evidence shall be
examined at a closed court hearing.
[2 February 2017; 11 November 2021]
Section 235. Contesting Written
Evidence
(1) A participant to administrative proceedings may contest
the veracity of written evidence.
(2) The veracity of written evidence may not be disputed by a
person who has signed such evidence. Such person may contest the
evidence if the signature was obtained under the influence of
violence, threat or fraud.
(3) The submitter of the contested written evidence shall
explain at the same court hearing whether he or she wishes to use
this written evidence or requests that it be excluded from the
evidence.
(4) If a participant to the administrative proceedings wishes
to use the contested evidence, the court shall decide on the
admissibility of its use after comparing such evidence with other
evidence in the case.
(5) The veracity of Land Register statements, notarial deeds
or other deeds certified in accordance with the procedures laid
down in law may not be disputed. Such may be contested by
bringing an independent action.
Section 236. Submission on the
Forgery of Written Evidence
(1) A participant to the administrative proceedings may submit
a reasoned submission on the forgery of written evidence.
(2) A person who has submitted such evidence may request the
court to exclude it from evidence.
(3) In order to verify a submission on the forgery of written
evidence, a court may order an expert-examination or require
other evidence.
(4) If a court finds that the written evidence has been
forged, it shall exclude it from evidence and notify the Office
of the Prosecutor of the fact of forgery.
(5) If a court finds that a participant to the administrative
proceedings has knowingly without good cause initiated a dispute
regarding the forgery of written evidence, it may impose a
pecuniary penalty of up to EUR 300 on this participant to the
administrative proceedings.
[26 October 2006; 18 December 2008; 1 November 2012; 19
September 2013; 2 February 2017]
Section 237. Examination of Physical
Evidence
(1) Physical evidence shall be examined at a court hearing and
presented to the participants to the administrative proceedings,
and, if necessary, also to experts and witnesses.
(2) A participant to administrative proceedings may provide
explanations and express their opinion and requests regarding
physical evidence.
(3) Minutes of the examination of physical evidence, written
according to the procedures for securing evidence or a court
assignment, shall be examined at a court hearing.
[2 February 2017; 11 November 2021]
Section 238. Inspection and
Examination of Evidence on Site
(1) If written or physical evidence may not be transported to
a court, the court shall take a decision on their inspection and
examination at the location thereof.
(2) A court shall notify participants to the administrative
proceedings of an on-site inspection of evidence. Failure of
these persons to appear shall not constitute an obstacle to the
performance of the inspection.
(3) A court may summons experts and witnesses to the
inspection of evidence at the location thereof.
(4) The course of the inspection shall be recorded in the
minutes of a court hearing to which plans, drawings, and
representations of physical evidence drawn up and examined during
the inspection shall be appended.
Section 239. Hearing Opinion of an
Authority
(1) After examination of evidence, a court shall hear the
opinion of an authority referred to in Section 30 of this Law
which is participating in the proceedings in accordance with the
law.
(2) The judge and participants to the administrative
proceedings may ask questions to the representative of such
authority in respect of the opinion.
Section 240. Completion of
Examination of a Case on its Merits
(1) After the evidence submitted has been examined, the court
shall ascertain opinions of the participants to the
administrative proceedings regarding a possibility to complete
the examination of the case on the merits.
(2) If it is not necessary to examine additional evidence, the
court shall ascertain whether the applicant maintains the claim
contained in the application.
(3) If the applicant does not waive the claim, the court shall
announce that the examination of a case on the merits is
completed and shall proceed to a court debate.
(4) If a case is examined in the written procedure, a judge
shall, in accordance with Section 206, Paragraph three of this
Law, determine the day by which participants to the proceedings
may submit additional explanations, any other submissions or
requests as well as evidence.
[1 November 2012]
Section 241. Court Debate
(1) During a court debate an applicant or his or her
representative shall be the first to speak, and then a defendant
or his or her representative. A legal entity which has applied to
the court to defend the rights and legal interests of a person
shall be the first to speak during a court debate.
(2) If a third person with independent claims participates in
the case, such person or his or her representative shall speak
after the applicant and defendant.
(3) A third person who has no independent claims or his or her
representative shall speak after the applicant or defendant,
depending on whose side such third person participates in the
proceedings.
(4) A participant of a court debate is not entitled to refer
in his or her speech to the circumstances and evidence which have
not been examined at a court hearing.
(5) A court shall interrupt a participant of the debate if he
or she speaks about the circumstances that are not relevant to
the case.
(6) A court may limit the length of a court debate by ensuring
that the parties have equal right to speak.
[2 February 2017]
Section 242. Replies
(1) Participants to administrative proceedings, after they
have spoken in a court debate, have the right to one reply
each.
(2) A defendant or his or her representative has the right of
last reply.
(3) The court may restrict the length of a reply.
Section 243. Notification of the
Rendering of a Judgment
(1) After a court debate and replies, if any, a court shall
retire to render a judgment by notifying those present in a
courtroom and also specifying the time when the judgment will be
drawn up and pronounced and explaining procedures for appealing a
ruling.
(2) A court shall draw up a judgment not later than within 21
days. If during the drawing up of the judgment the court
establishes that the drawing up of the judgment will require a
longer time period, it shall determine another date of drawing up
of the judgment within the closest two months.
(3) If a case is examined in the written procedure, a court
shall notify of the drawing up of a judgment in accordance with
Section 259 of this Law.
[1 November 2012; 2 February 2017; 11 November
2021]
Section 244. Recommencement of the
Trial of a Case
(1) If during court deliberations the court finds it necessary
to ascertain new circumstances that are relevant to the case or
to additionally examine the existing or new evidence, it shall
recommence the examination of the case on the merits.
(2) In that case the court hearing shall continue in
accordance with the procedures laid down by this Chapter.
(3) If during examination of a case in the written procedure a
court finds it necessary to ascertain new circumstances that are
relevant to the case or to additionally examine evidence, it may
determine examination of the case in the oral procedure or
request that the participants to the proceedings submit
additional evidence or provide additional explanations.
[1 November 2012]
Section 245. Trial of an
Administrative Case in the Written Procedure
In trying an administrative case in the written procedure, a
court shall comply with the principles of proceedings in an
administrative case and procedural rights of participants to the
proceedings, insofar as the nature of the written procedure
allows it.
[1 November 2012]
Chapter 26
Judgment
Section 246. General Provisions
(1) A court ruling by which a case is tried on the merits
shall be drawn up in the form of a court judgment and pronounced
in the name of the people of Latvia.
(2) A judgment shall be given and pronounced after examination
of the case.
(3) A judgment must be lawful and justified.
(4) No direct or indirect interference with the rendering of a
judgment or exerting of influence upon the court shall be
permitted.
Section 247. Lawfulness and Validity
of a Judgment
(1) In rendering a judgment, a court shall refer to the norms
of substantive and procedural law.
(2) A court shall justify a judgment with circumstances that
have been established by evidence in a case or that need not be
proven in accordance with Section 153 of this Law.
(3) A court may only justify a judgement with the
circumstances regarding which participants to the administrative
proceedings have had a possibility to express their opinions
orally or in writing.
Section 248. Procedures for
Rendering a Judgment
(1) If a judgment is rendered collegially, the judge who has
prepared the report on the case (rapporteur) shall be the last to
express his or her opinion.
(2) When rendering a judgment, a court shall adopt all rulings
by majority vote. All judges shall sign the judgment.
(3) A judgment in a case examined by a judge sitting alone
shall be signed by such judge.
(4) After the judgment has been signed, no alterations or
changes shall be permitted.
[15 January 2004]
Section 249. Observance of Claim
Limits
A court shall render a judgment on the subject-matter of the
application as set out by the applicant, not exceeding the limits
of the claim.
Section 250. Scope of Examination
and Limits of Objections
(1) A court shall render a judgment having examined
whether:
1) the administrative act has been issued in compliance with
procedural and formal preconditions;
2) the administrative act conforms to the norms of substantive
law;
3) the basis for an administrative act justifies the
obligation imposed on the addressee or rights granted, approved
or refused to such addressee.
(2) In assessing lawfulness of an administrative act, a court
shall take into account in a judgment only the grounds which an
institution has included in the administrative act. The relevant
restriction shall not refer to the cases in which a claim
constitutes the issue of a favourable administrative act.
(3) In regard to the actual action of an institution, a court
shall render a judgment having examined whether the actual action
has been performed in compliance with procedural and formal
preconditions, and whether it conforms to the norms of
substantive law.
(4) A court shall render a judgment on the conformity of a
contract governed by public law with legal provisions, validity,
conclusion or correctness of fulfilment thereof after having
verified whether the contract governed by public law has been
concluded in conformity with the requirements of substantive and
procedural provisions and whether the terms and fulfilment of the
contract conform to the requirements of these provisions.
[26 October 2006; 18 December 2008]
Section 251. Form and Content of a
Judgment
(1) A judgment shall be drawn up in writing.
(2) A judgment shall consist of an introductory part, a
descriptive part, a reasoned part, and an operative part.
(3) The introductory part shall indicate that the judgment has
been rendered in the name of the people of Latvia as well as
specify the time and place of rendering the judgment, the name of
the court which has rendered the judgment, the composition of the
court, the participants to the administrative proceedings and the
subject-matter of the application, and also the procedure
(written or oral) in which the case has been examined.
(4) The descriptive part shall indicate the substance of the
appealed administrative act, actual action or contract governed
by public law and claims of the applicant, and also the substance
of the explanations provided by the participants to the
administrative proceedings.
(5) The reasoned part shall indicate the arguments as to why
the court has deemed the application to be founded or unfounded
(namely an analysis of the applied legal provisions, the
established legal and actual circumstances and evidence in the
case as well as arguments of the participants to the
proceedings). If the defendant has admitted the claim in full,
the reasoned part of the judgment shall only include a reference
to the applied legal provisions.
(6) The operative part shall indicate the judgment of the
court regarding satisfaction or rejection of the application in
full or in part, and the substance of the judgment. Moreover, it
shall be indicated who is to pay the State fee (by indicating the
given name, surname, personal identity number, and place of
residence for a natural person, and the name, registration
number, and legal address for a legal person), the terms referred
to in Sections 253, 254, and 255 of this Law, and also the term
and procedures for appealing the judgment.
[26 October 2006; 18 December 2008; 1 November
2012]
Section 252. Abridged Judgment
(1) In a case in which a court has determined that a judgment
is to be enforced immediately (Section 265), the court may draw
up a judgment in an abridged form consisting of an introductory
part and an operative part.
(2) In such event the court shall draw up a full judgment
within 21 days by indicating the date when it is signed.
[26 October 2006]
Section 253. Judgment on the Setting
Aside or Invalidation of an Administrative Act
(1) If a court finds an application for setting aside or
invalidation of an administrative act as founded, it shall set
aside the relevant administrative act in full or in part or
declare it invalid. In a case where an administrative act is set
aside, the court shall determine the day as of which the
administrative act is to be considered set aside.
(2) Where necessary, especially if before an administrative
act is set aside or declared invalid the execution thereof has
been commenced, the court shall indicate in the judgment how the
institution shall rectify the consequences of the commenced
execution and shall assign the institution to perform specific
actions for this purpose within a specific term.
(3) In cases provided for by law a court may amend an
administrative act and determine the specific content
thereof.
(4) If a court finds an application, which requests to
establish unlawfulness of a revoked administrative act, to be
founded, it shall establish in a judgment that the revoked
administrative act has been unlawful.
(5) If a court acknowledges the right of the applicant to
compensation, it shall direct in the judgment that compensation
be paid to the applicant and shall specify the amount
thereof.
(6) Where necessary, a court shall assign an institution to
issue a new administrative act that replaces the administrative
act which has been set aside or declared invalid. In deciding to
issue a new administrative act, the institution shall take into
account the facts and legal considerations established in a court
ruling.
(7) If, in accordance with Section 185, Paragraph two of this
Law, a court has renewed operation of the appealed administrative
act but has set aside the relevant administrative act or has
declared it invalid by a judgment, it shall evaluate whether it
is necessary to revoke the applied provisional remedy and
determine that the operation of the administrative act is to be
deemed suspended until the moment when the court judgment comes
into effect. In such case a court decision to suspend operation
of the appealed administrative act shall come into effect
immediately. In examining the case, a higher instance court may
repeatedly decide to renew operation of the administrative
act.
[26 October 2006; 18 December 2008; 1 November 2012 / See
Paragraph 13 of the Transitional Provisions]
Section 254. Judgment on the Issue
of a Favourable Administrative Act
(1) If a court finds an application for the issue of an
administrative act to be founded, it shall assign the institution
to issue a relevant administrative act.
(2) In the judgment the court shall specify the content of the
administrative act and the term for its issue if the institution
is not anymore required to carry out considerations of
usefulness. The institution is not anymore required to carry out
considerations of usefulness if it is:
1) a mandatory administrative act (Section 65, Paragraph
one);
2) an administrative act of free content (Section 65,
Paragraph three) but the court has already carried out all the
necessary considerations and has come to the conclusion that only
an administrative act of one specific content may be correct.
(3) If the institution is still required to carry out
considerations of usefulness, the court shall specify in the
judgment that the institution shall issue the administrative act
within a specific term. In the issuing of the administrative act,
the facts determined in the judgment and the legal assessment
thereof are mandatory for the institution.
(4) In the case indicated in Paragraph two of this Section the
court judgment shall replace the administrative act until it is
issued by the institution.
Section 255. Judgment on the Actual
Action of an Institution
(1) If a court finds an application requesting an actual
action from an institution to be founded, it shall render a
judgment on the obligation of an institution to carry out
specific actions and specify the term for the carrying out
thereof.
(2) If a court finds that an application requesting that an
institution be prohibited from carrying out a specific actual
action is founded, the court shall render a judgment in which the
institution is prohibited from carrying out the specific actual
action.
(3) If a court finds that an application requesting to
establish unlawfulness of actual action of an institution is
founded, it shall establish in a judgment that the actual action
of the institution has been unlawful.
[26 October 2006]
Section 256. Judgment on the
Determination of the Existence or Non-existence or of the
Substance of Public Legal Relations
If the subject-matter of an application is the determination
of the existence or non-existence, or the substance of specific
public legal relations, a court shall render a judgment in which
it shall be determined that the specific public legal relations
exist or that they do not exist, or in which the substance of the
specific public legal relations shall be determined (the rights
and obligations arising therefrom).
Section 256.1 Judgment on
the Contract Governed by Public Law
(1) If a court finds that an application on the setting aside
of a contract governed by public law is founded, it shall set
aside the relevant contract governed by public law in full or in
part. The court shall determine from which moment the contract
shall be considered set aside.
(2) If a court finds that an application requesting that an
institution concludes a contract governed by public law is
founded, it shall render a judgment on the obligation of the
institution to conclude a contract governed by public law and
shall determine the term for the fulfilment thereof. The facts
determined in the judgment and the legal assessment thereof are
mandatory for the institution.
(3) If the subject-matter of the application is the validity
of a specific contract governed by public law, a court shall
render a judgment in which it is determined that the specific
contract governed by public law is valid or is not valid.
(4) If the subject-matter of the application is the
correctness of fulfilment of a contract governed by public law, a
court shall render a judgment in which it is determined whether
the contract governed by public law has been correctly fulfilled
or how it should be correctly fulfilled.
(5) If a court acknowledges the right of the applicant to
compensation, it shall direct in the judgment that compensation
be paid to the applicant and shall specify the amount
thereof.
[15 January 2004]
Section 256.2 Judgment on
the Establishing of a Procedural Violation
(1) If a court finds that an application regarding
establishing of a procedural violation committed during the issue
process of an administrative act is founded, it shall render a
judgment finding that a relevant procedural violation or
violations have been committed in the issue process of the
administrative act which have caused a significant infringement
of specific rights or legal interests of a person.
(2) If compensation for losses or damage has been requested,
in accordance with the procedures laid down in the law,
concurrently with an application regarding establishing of a
procedural violation committed during the issue process of an
administrative act, and a court finds it founded, it shall render
a judgment also on the amount of compensation.
[18 December 2008]
Section 257. Judgment in Favour of
Several Applicants or Against Several Defendants
(1) In a judgment in favour of several applicants it shall be
indicated which part of the judgment applies to each of them.
(2) In a judgment against several defendants it shall be
indicated which part of the judgment shall be enforced by each of
them, or that their liability is solidary.
Section 258. Pronouncing a
Judgment
A judgment shall be pronounced by inserting it in the e-case
portal.
[11 November 2021]
Section 259. Time for Drawing-up a
Judgment in Cases Examined in the Written Procedure
A court shall draw up a judgment in a case which is examined
in the written procedure not later than within 21 days after
examination of the case on the merits is completed. Participants
to the case shall, in a timely manner, be notified of the date
when the judgment is to be pronounced.
[11 November 2021]
Section 260. Correction of Clerical
Errors and Mathematical Miscalculations
(1) A court may, upon its own initiative or request of a
participant to the administrative proceedings, correct clerical
errors or mathematical miscalculations in a ruling. An issue
regarding the correction of errors and miscalculations shall be
decided in the written procedure by notifying participants to the
administrative proceedings of this in advance and specifying a
term for the submission of objections. A decision to correct
errors and miscalculations shall be immediately sent to the
participants to the administrative proceedings.
(2) Clerical errors and mathematical miscalculations in a
judgment shall be corrected by a court decision.
(3) [1 November 2012]
[26 October 2006; 18 December 2008; 1 November 2012 / See
Paragraph 13 of the Transitional Provisions]
Section 261. Supplementary
Judgment
(1) The court which rendered the judgment in a case is
entitled, upon its own initiative or an application by a
participant to the administrative proceedings, render a
supplementary judgment if:
1) judgment has not been rendered in respect of a claim for
which evidence had been submitted and regarding which, if the
case was examined in the oral procedure, the participants to the
administrative proceedings have given explanations;
2) the court has not stipulated the actions to be performed by
an institution, the amount of money adjudged, the property to be
transferred or the compensation of the State fee to the applicant
or the State.
(2) A participant to the administrative proceedings may submit
a request for rendering a supplementary judgment within one month
from the day of drawing up of the judgment.
(3) A court shall examine an issue regarding rendering of a
supplementary judgment in the written procedure.
(4) An ancillary complaint may be submitted regarding a court
decision to refuse the rendering of a supplementary judgment.
[26 October 2006; 2 February 2017]
Section 262. Explanation of a
Judgment
(1) In case of any difficulties with the enforcement of a
judgment, a court which has rendered the judgment may, upon a
request of a participant to the administrative proceedings,
explain the judgment by its decision without changing the content
of the judgment.
(2) Explanation of a judgment shall be permitted if it has not
been enforced yet and the term for compulsory enforcement thereof
has not expired. A court shall refuse to accept a request for the
explanation of a judgment if the request has been submitted
regarding a judgment which does not correspond to the criteria
specified in this Section.
(3) A court shall examine the issue regarding explanation of a
judgment in the written procedure.
[1 November 2012 / See Paragraph 13 of the Transitional
Provisions]
Section 263. Coming into Effect of a
Judgment
(1) A court judgment shall come into effect after the term for
the appeal thereof in accordance with appellate procedures has
expired and a notice of appeal has not been submitted. If the law
prescribes that a judgment of a court of first instance is not
subject to appeal, such judgment shall come into effect on the
day it is pronounced. If the law prescribes that a judgment of a
court of first instance is subject to appeal by submitting a
cassation complaint, such court judgment shall come into effect
after expiry of the term for appeal thereof in accordance with
the cassation procedures. If a notice of appeal or, in the cases
prescribed by law, a cassation complaint is submitted but the
Regional Administrative Court or the Department of Administrative
Cases of the Supreme Court respectively has refused to initiate
court proceedings, has terminated the initiated court proceedings
or has left the notice of appeal without examination, a judgment
shall come into effect with the coming into effect of the
relevant decision.
(2) If a part of a judgment has been appealed, the judgment
shall come into effect regarding the part, which has not been
appealed, after expiration of the term for its appeal.
(3) After a judgment has come into effect, a participant to
the administrative proceedings and his or her successor in
interest do not have the right to submit an application to a
court anew regarding the same subject-matter on the same basis or
to contest facts established by the court in another
proceedings.
(4) A judgment which has come into effect shall be mandatorily
enforced, and it may be set aside only in the cases and in
accordance with the procedures prescribed by law.
(5) Upon request of an applicant the court shall issue to him
or her a derivative of the judgment with an inscription regarding
its coming into effect.
(6) If a court judgment is not subject to appeal, it shall
come into effect on the day it is pronounced.
[26 October 2006; 18 December 2008; 2 February 2017; 11
November 2021]
Section 264. Enforcement of a
Judgment
A judgment shall be enforced after it has come into effect,
except for the cases where the court has determined that the
judgment is to be enforced immediately.
Section 265. Judgments to be
Enforced Immediately
(1) On the basis of a request of the applicant, a court may
determine that a judgment is to be enforced immediately in full
or in part if due to special circumstances the delay in the
enforcement of the judgment may cause substantial losses to the
applicant or the enforcement of the judgment may become
impossible.
(2) If so prescribed by law, a court shall determine itself
that a judgment is to be enforced immediately in full or in
part.
(3) If in a case in which a court has determined that a
judgment is to be enforced immediately in full or in part a court
renders a new judgment by which an application is rejected, or
takes a decision by which an application is left without
examination, or a decision by which the proceedings are
terminated in the case in accordance with Section 282, Clause 1,
2, 3, 4, 8, or 9 of this Law, a court shall, upon request of a
participant to the administrative proceedings, decide to
eliminate consequences of the immediate enforcement of the
judgment. A participant to the administrative proceedings shall
make a relevant request during the course of the examination of
the case or after rendering of a judgment or taking of a decision
by suggesting to render a supplementary judgment or take a
supplementary decision. If a court ruling provides for recovery
of monetary amounts into the State budget, it shall be enforced
in accordance with the procedures laid down in Section
377.1 of the Law.
(4) If it is impossible to eliminate consequences of the
immediate enforcement of a judgment or it would cause a
disproportionate restriction on the rights of a private person, a
court may reject a request for the elimination of consequences of
the enforcement or determine proportionate measures for the
elimination of consequences of the enforcement.
[26 October 2006; 2 February 2017; 11 November
2021]
Section 266. Division into Terms of
the Enforcement of a Judgment, Changing of the Form of and the
Procedures for the Enforcement Thereof
(1) A court which has rendered a judgment in a case may, upon
a request of a participant to the administrative proceedings and
taking into account the particular circumstances, divide the
enforcement of a judgment into terms as well as change the form
of and the procedures for enforcing the judgment.
(2) A request shall be examined in the written procedure.
(3) An ancillary complaint may be submitted regarding the
court decision to divide enforcement of a judgment into terms as
well as to change the form of and the procedures for its
enforcement.
[18 December 2008; 1 November 2012]
Section 267. Sending of a
Judgment
A court shall send a judgment to the participants to the
proceedings within three days after drawing up of the judgment,
except for the case where the derivative of the judgment has been
issued to a participant to the proceedings in person.
[11 November 2021]
Chapter 27
Postponement of the Examination of an Administrative Case
Section 268. Obligation of the Court
to Postpone the Examination of a Case
A court shall postpone the examination of a case if:
1) the defendant has not received the application and the
documents appended thereto and therefore requests that the
examination of the case be postponed;
2) it is necessary to summon as a participant to the
administrative proceedings a person whose rights or legal
interests may be infringed by the judgment of the court;
3) a participant to the administrative proceedings fails to
appear at a court hearing and he or she was not notified of the
time and place of the court hearing;
4) in accordance with a decision of a court (judge), video
conferencing is to be used for the trial of a case or for the
performance of a specific procedural action but it is not
possible due to technical reasons.
[1 November 2012; 11 November 2021]
Section 269. Right of the Court to
Postpone the Examination of a Case
(1) A court may postpone the examination of a case if it finds
that:
1) it is impossible to examine the case because a participant
to the administrative proceedings, a witness, an expert or an
interpreter has failed to appear, or there are other important
reasons;
2) evidence still needs to be gathered.
(2) A court may also postpone the examination of a case if
participants to the proceedings have informed the court of their
readiness to terminate the legal dispute.
[26 October 2006; 18 December 2008; 1 November
2012]
Section 270. Decision to Postpone
the Examination of a Case
(1) A decision to postpone the examination of a case shall be
taken in the form of a separate procedural document or a
resolution, or recorded at a court hearing by using technical
means. If the course of court hearing is recorded by writing full
minutes of the court hearing, the decision to postpone the
examination of a case shall be recorded in the minutes of the
court hearing.
(2) A decision to postpone the examination of a case shall
indicate the procedural actions which must be performed until
recommencement of the examination of the case, and also shall
specify the time of the next court hearing (or the day when the
examination of the case on the merits in the written procedure
will be completed).
(3) In a case to be examined in the written procedure a court
shall send to the participants to the proceedings a decision to
postpone the examination of the case. In a case to be examined in
the oral procedure a court shall notify the persons who have
appeared at a court hearing of the day and time of the next court
hearing. Absent persons shall be re-summoned or re-summonsed to
the court hearing.
[1 November 2012; 11 November 2021]
Section 271. Interrogation of
Witnesses if the Examination of a Case is Postponed
(1) In postponing the examination of a case, the court may
interrogate the witnesses who are present.
(2) Where necessary, witnesses who have been interrogated may
be summonsed to the next court hearing.
[2 February 2017]
Section 272. Recommencement of the
Examination of a Case
(1) Upon a trial being resumed after the postponement of a
case, the court shall not repeat the previously performed
procedural actions.
(2) [1 November 2012]
[1 November 2012]
Chapter 28
Staying of Court Proceedings in an Administrative Case
Section 273. Obligation of the Court
to Stay Court Proceedings
The court shall stay court proceedings if:
1) such natural person has died or such legal person has
ceased to exist which is an applicant or a third person with
independent claims in the case, and if the contested legal
relations allow for the assumption of rights;
2) the court has restricted the legal capacity of an applicant
or a third person preventing him or her from exercising
independently the administrative procedural rights and
obligations;
3) it is impossible to examine a case until another case is
decided in a court or an institution;
4) it takes a decision to submit an application to the
Constitutional Court regarding the conformity of a legal
provision with the Constitution or an international legal
provision (act), or also the Constitutional Court has initiated a
case regarding a constitutional complaint of the applicant;
5) it takes a decision to submit a question to the Court of
Justice of the European Union regarding the interpretation or
validity of a provision of a European Union law.
[15 January 2004; 1 November 2012; 2 February 2017]
Section 274. Right of a Court to
Stay Court Proceedings
(1) A court may stay court proceedings if:
1) it orders expert-examination;
2) an applicant or a third person is not able to participate
in the examination of the case due to illness, old age,
disability or other substantial reason;
3) a case has been brought before the Constitutional Court
regarding the conformity of a legal provision applied by an
institution or to be applied in the administrative court
proceedings with legal provisions of higher legal force.
(2) If a court stays court proceedings in the case in
accordance with Paragraph one, Clause 3 of this Section, it shall
immediately inform the Constitutional Court.
[26 October 2006]
Section 275. Duration of Staying of
Court Proceedings
Court proceedings shall be stayed:
1) in cases provided for in Section 273, Clause 1 of this Law
- until determination of a successor in interest or appointment
of a lawful representative;
2) in cases provided for in Section 273, Clause 2 of this Law
- until appointment of a lawful representative;
3) in cases provided for in Section 273, Clause 3 of this Law
- until the judgment or decision in the relevant case comes into
effect;
4) in the case provided for in Section 274, Paragraph one,
Clause 1 of this Law - by the moment when an expert opinion is
received;
5) in the case provided for in Section 274, Paragraph one,
Clause 2 of this Law - by the term specified by the court for
formalising representation;
6) in the case provided for in Section 273, Clause 4 and
Section 247, Paragraph one, Clause 3 of this Law - by the day
when a ruling of the Constitutional Court comes into effect;
7) in the case provided for in Section 273, Clause 5 of this
Law - by the day when a preliminary ruling of the Court of
Justice of the European Union comes into effect.
[15 January 2004; 1 November 2012]
Section 276. Decision on the Staying
of Court Proceedings
(1) A court shall take a reasoned decision to stay the
proceedings in the form of a separate procedural document.
(2) The decision shall indicate the conditions until the
coming into effect or ceasing of which court proceedings are
stayed, or the term until the end of which the court proceedings
are stayed.
(3) An ancillary complaint may be submitted regarding the
court decision to stay court proceedings on the basis of Section
273, Clause 3 of this Law.
[1 November 2012 / See Paragraph 13 of the Transitional
Provisions]
Section 277. Renewal of Court
Proceedings
A court shall renew court proceedings upon its own initiative
or upon a request of a participant to the administrative
proceedings.
[18 December 2008]
Chapter 29
Leaving an Application without Examination
Section 278. Obligation of the Court
to Leave an Application without Examination
(1) A court (judge) shall leave an application without
examination if:
1) the applicant has not complied with preliminary
extrajudicial examination procedures prescribed by law for such
case;
2) the application has been submitted by a person whose legal
capacity has been restricted by court preventing him or her from
exercising independently the administrative procedural rights and
obligations;
3) the application has been submitted on behalf of the
applicant by a person who is not authorised in accordance with
the procedures prescribed by law;
4) within the proceedings of the same court or another court
there is an administrative case between the same participants to
administrative proceedings regarding the same subject-matter and
on the same grounds;
5) in the case referred to in Section 128, Paragraph two of
this Law a person fails to pay the State fee within the term
specified by a court (judge);
6) an applicant, who has been notified of the time and place
of a court hearing, repeatedly fails to appear at the court
hearing without a justified reason and has not asked for the case
to be examined in his or her absence;
7) the applicant repeatedly fails to answer to requests of a
court in the case which is to be examined in the written
procedure.
(2) Prior to deciding an issue, a court (judge) shall invite
participants to the administrative proceedings to express their
opinion on the leaving of the application without examination,
except for the cases where the application is left without
examination in the cases referred to in Paragraph one, Clauses 5,
6, and 7 of this Section.
[1 November 2012; 2 February 2017]
Section 279. Right of a Court to
Leave an Application without Examination
[2 February 2017]
Section 280. Decision to Leave an
Application without Examination
(1) A court shall take a reasoned decision to leave an
application without examination in the form of a separate
procedural document.
(2) An ancillary complaint may be submitted regarding the
court decision to leave an application without examination.
Section 281. Consequences of Leaving
an Application without Examination
If an application is left without examination, the applicant
may re-submit the application to the court in conformity with the
procedures prescribed by law.
Chapter 30
Termination of Court Proceedings in an Administrative Case
Section 282. Basis for Terminating
Court Proceedings
A court shall terminate court proceedings if:
1) the case may not be examined in accordance with the
procedures of administrative proceedings;
2) an application has been submitted by a person who does not
have the right to submit the application;
3) a court judgment rendered in a case between the same
participants to administrative proceedings regarding the same
subject-matter and on the same grounds has come into effect;
4) the applicant withdraws his or her application;
5) the contested legal relations do not allow for the
assumption of rights after the death of a natural person who is
the applicant in the case or the legal relations contested on the
merits allow for the assumption of rights but within a year after
the date of death of the applicant none of the successors in
interest has manifested interest to continue to maintain the
relevant application;
6) the legal person who is the applicant in the case has
ceased to exist and there is no successor in interest
thereto;
7) the legal dispute which formed the grounds for the
submission of an application to a court has terminated, for
example, by concluding an administrative contract, as a result of
an institution setting aside the appealed administrative act or
recognising the appealed administrative act as unlawful, invalid
or revoked;
8) the procedural time limit for the submission of an
application has not been met, and a court has not renewed it;
9) the application has been submitted more than three years
after the day the administrative act has come into effect or
three years after the day when the applicant found out or was
supposed to find out the specific actual action of an
institution. The time limits referred to in this Clause may not
be renewed;
10) [11 November 2021].
[26 October 2006; 18 December 2008; 2 February 2017; 11
November 2021]
Section 283. Decision to Terminate
Court Proceedings
(1) A court (judge) shall take a reasoned decision to
terminate court proceedings in the form of a separate procedural
document. Prior to deciding an issue, a court (judge) shall
invite participants to the administrative proceedings to express
their opinion on the termination of court proceedings, except for
the case where the applicant has withdrawn the application.
(2) An ancillary complaint may be submitted regarding a court
decision to terminate court proceedings.
[2 February 2017; 11 November 2021]
Section 284. Consequences of
Terminating Court Proceedings
If court proceedings are terminated, repeated court
proceedings against the same defendant regarding the same
subject-matter and on the same grounds shall not be
permitted.
Chapter 31
Court Decision
Section 285. Taking of a
Decision
(1) A court ruling by which a case is not tried on the merits
shall be made in the form of a decision.
(2) A decision shall be drawn up in the form of a separate
procedural document, resolution, or it shall be recorded at a
court hearing by using technical means. If the course of court
hearing is recorded by writing full minutes of the court hearing,
the decision shall be recorded in the minutes of the court
hearing. The decision which is taken during the examination of
the case may also be included in a judgment.
(3) A decision regarding a procedural action of a judge which
has been performed outside the court hearing shall be taken and
drawn up in the form of a separate procedural document or a
resolution.
(4) The decision may be drawn up in the form of a resolution
if it is not subject to appeal.
[1 November 2012; 11 November 2021]
Section 286. Content of a Decision
and a Term for Taking Thereof
(1) A court shall indicate the following in a decision:
1) the place and time of taking the decision;
2) the name and composition of the court;
3) the participants to the administrative proceedings and the
subject-matter of the application;
4) the issues regarding which the decision has been taken;
5) reasons for the decision;
6) the ruling of a court or judge;
7) the procedures and term for appealing the decision.
(2) In exceptional cases, the court may draw up a decision
without the reasoned part thereof (abridged decision). The court
shall draw up a full decision within 14 days.
(3) If during examination of an ancillary complaint a court
finds that the grounds contained in a decision of a lower court
are correct and completely sufficient, the court may indicate in
the reasoned part of the decision taken regarding an ancillary
complaint that it agrees with the reasoning of a ruling of the
lower court. In this case a more detailed statement of arguments
shall not be required.
(4) In an exceptional case where a court finds that it is
impossible to draw up the operative part of a decision at a
specific court hearing (or on the day when the issue is to be
examined in the written procedure), it shall notify the
participants to the proceedings of a date within the next 14 days
when the decision will be drawn up and available in the e-case
portal.
(5) If an ancillary complaint is to be examined regarding a
decision of a court (judge) to refuse to accept an application or
terminate proceedings on the basis of the fact that a case may
not be examined in accordance with the procedures of
administrative proceedings or the application has been submitted
by a person who does not have such right, and if the court, which
examines an ancillary complaint and the decision of which is
final in a specific issue, establishes that due to the complexity
of this issue the drawing up of a decision requires a longer time
period than that provided for in Paragraph four of this Section,
it shall specify another date of drawing up of the decision
within the next 14 days.
[26 October 2006; 18 December 2008; 1 November 2012; 11
November 2021]
Section 287. Notification of a
Decision
(1) A court decision shall be notified to participants to the
administrative proceedings.
(2) A decision that has been taken in the form of a separate
procedural document shall, within three days, be sent to a
participant to the administrative proceedings if he or she has
not participated in the court hearing as well as to a person to
whom it is addressed.
(3) An appropriate notice regarding a decision which has been
taken outside a court hearing shall be sent to a participant to
the administrative proceedings within three days.
Section 288. Ancillary Court
Decision
(1) A court may take an ancillary decision if during
examination of a case circumstances have been established which
indicate a possible violation of legal provisions, and also in
other cases. The ancillary decision shall be sent to the relevant
authority.
(2) The court may determine in an ancillary decision a
specific time for the performance of assignments as well as which
authority shall provide a reply and the time period therefor. A
court may impose a pecuniary penalty of up to EUR 300 on an
official who fails to execute the ancillary decision or to
respond in time.
(3) If during examination of a case a court detects elements
of a criminal offence, it shall send the ancillary decision to
the Office of the Prosecutor.
[26 October 2006; 1 November 2012; 19 September 2013; 2
February 2017]
Section 288.1
Supplementary Decision, Correction of Errors and Miscalculations
in a Decision, and Explanation of a Decision
(1) If it is necessary to draw up a supplementary decision or
correct clerical errors or mathematical miscalculations in the
decision, the legal provisions which prescribe rendering of a
supplementary judgment or correction of clerical errors or
mathematical miscalculations in a judgment shall be applied.
(2) A participant to the proceedings may request to explain a
court decision which is possible to be enforced on a compulsory
basis. Explanation of such decision shall occur in accordance
with the same procedures as those laid down for explaining a
judgment.
[1 November 2012]
Division Four
Court Proceedings in an Appellate Court
Chapter 32
Submission of a Notice of Appeal
Section 289. Right to Submit a
Notice of Appeal
A participant to the administrative proceedings may submit a
notice of appeal regarding a judgment and a supplementary
judgment of a court of first instance, except for the case where
the law prescribes that the judgment is not subject to appeal or
may be appealed by submitting a cassation complaint.
[18 December 2008]
Section 290. Procedures for
Submitting a Notice of Appeal
(1) A judgment of a District Administrative Court which has
not come into effect may be appealed to the Regional
Administrative Court in accordance with the appeal
procedures.
(2) A notice of appeal, which is addressed to a Regional
Administrative Court, shall be submitted to the court which
rendered the judgment.
(3) If a notice of appeal is directly submitted to a Regional
Administrative Court within the specific term, the term shall be
considered to have been complied with.
(4) [11 November 2021]
(5) A judge of the Regional Administrative Court shall decide
on admissibility of a notice of appeal, an action to be taken
thereon, and renewal of the delayed procedural time limit.
[15 January 2004; 1 November 2012; 11 November
2021]
Section 291. Term for Submitting a
Notice of Appeal
(1) A notice of appeal may be submitted within one month from
the day the judgment is drawn up.
(2) If the judgment has been drawn up after the specified
term, the term for appeal thereof shall be counted from the day
the judgment is drawn up.
(3) [11 November 2021]
[26 October 2006; 1 November 2012; 11 November
2021]
Section 292. Content of a Notice of
Appeal
(1) The following shall be indicated in a notice of
appeal:
1) the name of the court to which the appeal is addressed;
2) the given name, surname, and address of the place of
residence of the submitter of the appeal, and also of his or her
authorised representative if the notice of appeal is submitted by
a representative, or another address where such person may be
reached (for a legal person - name, registration number, and
legal address). If the submitter of the complaint or his or her
authorised representative agree to use the e-case portal for
communication with the court, an indication regarding the e-case
portal as the means of communication shall be included;
21) the telephone number or electronic mail address
of the submitter of a complaint (his or her representative) if he
or she agrees to use the relevant means of communication for
communication with the court;
3) [2 February 2017];
4) the judgment regarding which the complaint is
submitted;
5) the extent to which the judgment is appealed;
6) how the error in judgment manifests itself;
7) whether a request for gathering evidence is submitted
(regarding what facts and why this evidence was not submitted to
the court of first instance);
8) the claim of the submitter of the appeal;
9) [1 November 2012];
10) a list of documents accompanying the appeal;
11) the place and time of the drawing up of the appeal.
(11) If a judgment contains a decision regarding
which an ancillary complaint may be submitted to an appellate
court and a participant to the proceedings wishes to appeal it,
objections to this decision shall be included in the notice of
appeal, except for the case where the participant to the
proceedings only appeals the decision contained in the
judgment.
(2) A notice of appeal shall be signed by the applicant or his
or her authorised representative.
(3) [1 November 2012]
(4) If the grounds included in the notice of appeal are
extensive, a judge of the Regional Administrative Court may
request the submitter of appeal to submit a summary thereof.
[15 January 2004; 1 November 2012; 2 February 2017; 11
November 2021]
Section 293. Transcripts of a Notice
of Appeal
[11 November 2021]
Section 294. Limits of a Notice of
Appeal
(1) The subject-matter of or the basis for a claim may not be
amended and new claims, which were not brought before the court
of first instance, may not be included in a notice of appeal.
(2) The following shall not be considered new claims:
1) making a claim more precise;
2) correction of manifest errors in an application;
3) a claim for compensation for the value of property related
to alienation or loss of the property claimed or changes in what
it consists of;
4) within the limits of the total amount of claims, amendments
to the components of such amount;
5) amendment of a claim for recognising rights to a claim for
restoring infringed rights due to the changes in circumstances
during the course of the case.
Section 295. Joining in a Notice of
Appeal
(1) Co-applicants and a third person, who participates in
proceedings on the side of a participant to the administrative
proceedings who has submitted a notice of appeal, may join in the
submitted appeal.
(2) The Regional Administrative Court shall be notified in
writing of the joining in a notice of appeal not later than 10
days prior to the examination of the case.
(3) A State fee shall not be charged for the submission on the
joining in a notice of appeal.
[15 January 2004; 26 October 2006]
Section 296. Leaving a Notice of
Appeal not Proceeded With
(1) A judge shall take the decision to leave a notice of
appeal not proceeded with if:
1) the notice of appeal does not conform to the requirements
of Section 292, Paragraph one or two of this Law or the Official
Language Law;
2) [11 November 2021];
3) a State fee for the notice of appeal has not been paid.
(2) The decision shall stipulate the term for the submitter to
eliminate the deficiencies.
(3) If the deficiencies are eliminated within the specific
term, the notice of appeal shall be considered submitted on the
day it was first submitted to the court. Otherwise, the appeal
shall be deemed not submitted and shall be returned to the
applicant. An ancillary complaint may be submitted regarding the
decision of a judge to deem the notice of appeal not
submitted.
(4) The returning of the notice of appeal to the submitter is
not an obstacle to its repeated submission to the court in
compliance with the provisions of this Law regarding submission
of notices of appeal.
(5) If the deficiencies indicated in Paragraph one of this
Section have been detected in the Regional Administrative Court,
the decision to leave a notice of appeal not proceeded with shall
be taken by a judge of the Regional Administrative Court.
[1 November 2012; 11 November 2021]
Section 297. Refusal to Accept a
Notice of Appeal
(1) A judge shall refuse to accept a notice of appeal and
return it to the submitter if:
1) the notice of appeal has been submitted regarding a
judgment which is not subject to appeal in accordance with the
law;
2) the term specified for the submission of a notice of appeal
has not been met;
3) the notice of appeal has been submitted by a person who is
not authorised to do it.
(2) An ancillary complaint may be submitted regarding a
decision of a judge to refuse to accept a notice of appeal.
[11 November 2021]
Section 298. Actions after
Acceptance of a Notice of Appeal
(1) Upon acceptance of a notice of appeal, a court shall,
within three days, notify other participants to the
administrative proceedings thereof and forward to them the appeal
and the documents appended thereto, indicating the term for the
submission of a written explanation.
(2) [1 November 2012]
(3) Upon acceptance of a notice of appeal or expiry of the
term for the submission of a notice of appeal, if other notices
of appeal are also possible in the case, the case shall be sent
to the Regional Administrative Court without delay.
[15 January 2004; 1 November 2012; 11 November
2021]
Section 299. Written Explanations of
Participants to Administrative Proceedings
(1) A participant to administrative proceedings shall, within
one month from the day when the notice of appeal is sent, submit
to the Regional Administrative Court a written explanation
regarding the notice of appeal.
(2) The explanation shall be forwarded to other participants
to administrative proceedings.
[15 January 2004; 26 October 2006; 1 November 2012; 2
February 2017; 11 November 2021]
Section 300. Notice of
Cross-appeal
(1) A participant to administrative proceedings may submit a
notice of cross-appeal regarding a notice of appeal.
(2) A notice of cross-appeal shall correspond to the
provisions of Sections 289, 292, and 294 of this Law.
(3) A notice of cross-appeal shall be submitted to an
appellate court within the term provided for in Section 299 of
this Law.
(4) After receipt of a notice of cross-appeal, the Regional
Administrative Court shall send the notice of cross-appeal to the
participants to administrative proceedings.
[15 January 2004; 1 November 2012; 11 November
2021]
Chapter 33
Examination of an Administrative Case in an Appellate Court
Section 301. Initiation of Appeal
Proceedings
(1) After receipt of an explanation or expiry of the term
specified for the submission thereof, a judge who acts as
rapporteur shall take the decision to initiate appeal
proceedings.
(2) If a judge who acts as rapporteur has detected that a
notice of appeal has been sent to the appellate court without
conforming to that specified in Section 297, Paragraph one of
this Law, the judge who acts as rapporteur shall take the
decision on refusal to initiate appeal proceedings and shall send
the notice together with the case to the court of first instance
which shall return the notice to the submitter.
(3) If the court has detected the circumstances referred to in
Section 297, Paragraph one of this Law in examining a notice of
appeal, the court shall take one of the following decisions:
1) to terminate appeal proceedings - if the appeal proceedings
have been initiated regarding a judgment which is not subject to
appeal in accordance with the law;
2) to leave the notice of appeal without examination - if any
other circumstances referred to in Section 297, Paragraph one of
this Law have been detected.
[11 November 2021]
Section 301.1 Right to
Refuse to Initiate Appeal Proceedings
(1) It may be refused to initiate appeal proceedings if the
case law has been established in the issue regarding violations
of specific provisions of substantive law or procedural law
indicated in a notice of appeal with regard to the application
and interpretation of such legal provisions in other similar
cases, and the appealed judgment corresponds thereto, or the
appeal claim is outright insulting and defiant.
(2) If there is a possibility, in accordance with Paragraph
one of this Section, to refuse to initiate appeal proceedings,
the relevant issue shall be decided collegially in the
composition of three judges.
(3) If a court collegially and unanimously finds that there is
a possibility to apply Paragraph one of this Section, it may take
a decision to refuse to initiate appeal proceedings. A court
shall draw up such decision in the form of a separate procedural
document and evaluate the existence of the circumstances referred
to in Paragraph one of this Section in the reasoned part of the
decision. An ancillary complaint may be submitted regarding such
decision.
(4) If there is a difference of opinion between judges as to
whether there are grounds for refusal to initiate appeal
proceedings, a court shall take a decision to initiate appeal
proceedings.
[1 November 2012; 11 November 2021]
Section 302. Limits Regarding
Examination of a Case at an Appellate Court
(1) An appellate court shall examine a case on the merits in
connection with a notice of appeal and a notice of cross-appeal
to the extent as is requested for in such appeals.
(2) An appellate court shall examine only such claims which
have been examined by a court of first instance.
(21) If an appellate court finds that a notice of
appeal regarding a court judgment in the part by which court
proceedings have been terminated in the case or an application
has been left without examination is founded, and also if an
appellate court establishes that a court of first instance has
not tried any of the claims, it may itself decide the relevant
issues on the merits if there are no objective obstacles
thereto.
(22) If an appellate court establishes that a court
of first instance has not tried any of the claims, the appellate
court may refer a case to the court of first instance for
rendering a supplementary judgment. The examination of the case
shall be continued in the appellate court after the court of
first instance has rendered the supplementary judgment and a term
specified in the law for the submission of a notice of appeal
(for a participant to the proceedings who has already submitted
the notice of appeal in the case - addition thereto) regarding a
supplementary judgment has expired.
(3) The cases referred to in Section 294 of this Law shall not
be considered new claims.
(4) An appellate court shall examine a case on the merits,
except for the cases referred to in Section 303 of this Law.
[1 November 2012; 2 February 2017]
Section 303. Exceptional Cases where
a Judgment of a Court of First Instance shall be Set Aside and
the Case shall be Sent to a Court of First Instance for
Re-examination
(1) Irrespective of the reasons for a notice of appeal, an
appellate court shall, by its decision, set aside a judgment of a
court of first instance and send the case to the court of first
instance for re-examination in the following cases:
1) a court has examined a case in an unlawful composition;
2) a court has examined a case by violating norms of
procedural law which stipulate that participants to the
administrative proceedings shall be notified of the time and
place of a court hearing, or has examined a case in the written
procedure, although it was required to examine a case in the oral
procedure in accordance with Section 206, Paragraph two of this
Law;
3) in the examination of the case, the norms of procedural law
regarding the language of court proceedings have been
violated;
4) the court judgment determines the rights and obligations of
persons who have not been summoned to the case as participants to
the administrative proceedings;
5) there is not a full court judgment in the case;
6) essential procedural actions, decisions, explanations, or
testimonies have not been recorded in the minutes of a court
hearing or the recording of a court hearing in a case examined in
the oral procedure.
(2) [1 November 2012]
[1 November 2012; 11 November 2021]
Section 304. Appellate Court Trial
Procedures
(1) An appellate court shall examine a case collegially in the
composition of three judges. An appellate court shall examine an
administrative case in the written procedure. Having evaluated a
reasoned request of a participant to the proceedings, the court
may determine examination of the case in the oral procedure.
(2) The participants to administrative proceedings shall be
summoned and other persons shall be summonsed to court in
accordance with the provisions of Chapter 14 of this Law.
(3) If it has been determined that a case is to be examined in
the oral procedure, a court hearing shall take place in
accordance with the provisions of Chapters 24 and 25 of this Law
by taking into account that the submitter of a notice of appeal
shall be the first to provide explanations but if the appeal has
been submitted by both the applicant and the defendant - the
applicant.
[1 November 2012]
Section 305. Examination of Evidence
in an Appellate Court
(1) An appellate court shall examine and assess evidence in
accordance with the provisions of Chapters 18, 19, and 20 of this
Law.
(2) Where necessary, the court shall assign the participants
to the administrative proceedings to submit additional evidence
or it shall require the evidence itself.
(3) An appellate court may choose to not examine facts that
have been determined by a court of first instance and are not
contested.
Section 306. Withdrawing a Notice of
Appeal (Cross-appeal)
(1) A submitter of a notice of appeal (cross-appeal) may
withdraw it before the examination of a case on its merits has
been completed.
(2) If a notice of appeal is withdrawn, a court shall take a
decision in the written procedure to terminate appeal
proceedings, except for the cases where a notice of appeal
(cross-appeal) has been submitted by another participant to the
administrative proceedings.
(3) [18 December 2008]
[18 December 2008]
Chapter 34
Ruling of an Appellate Court
Section 307. Judgment of an
Appellate Court
(1) A judgment shall be rendered in an appellate court in
accordance with the procedures laid down in Sections 243, 246 to
257 of this Law, unless this Section prescribes otherwise.
(2) The introductory part of the judgment shall indicate the
circumstances specified in Section 251, Paragraph three of this
Law, and also the submitter of the notice of appeal and the court
judgment regarding which the appeal has been submitted.
(3) The descriptive part of a judgment shall indicate the
nature of an appealed administrative act, actual action or
contract governed by public law, claims of the applicant,
reasoning of the judgment of a court of first instance, and
include a short summary of a notice of appeal (cross-appeal) and
the nature of explanations provided by the participants to the
administrative proceedings in an appellate court.
(4) The reasoned part of the judgment shall indicate the
circumstances specified in Section 251, Paragraph five of this
Law, and shall provide reasons for an opinion regarding the
judgment of the court of first instance. If during examination of
a case the court finds that the justification included in the
judgment of the lower instance court is correct and completely
sufficient, it may indicate in the reasoned part of the judgment
that it agrees with the reasoning of the judgment of the lower
instance court. In such case, the considerations specified in
Section 251, Paragraph five of this Law need not be indicated in
the reasoned part of the judgment.
(41) If a decision contained in a judgment of a
court of first instance has been appealed together with the
judgment, and an ancillary complaint may be submitted to an
appellate court with regard thereto, the judgment shall also
include a decision taken regarding the ancillary complaint.
(5) An appellate court shall pronounce judgment in accordance
with the procedures laid down in Sections 258 and 259 of this
Law. The judgment shall be sent to the participants to the
administrative proceedings in accordance with the procedures laid
down in Section 267 of this Law.
[26 October 2006; 1 November 2012; 2 February 2017; 11
November 2021]
Section 308. Pronouncement of a
Judgment of an Appellate Court
[26 October 2006]
Section 309. Effect of an Appellate
Court Judgment
(1) An appellate court judgment shall come into effect when
the term for the appeal thereof in accordance with the cassation
procedures has expired and no cassation complaint has been
submitted.
(2) If a cassation complaint is submitted, the appellate court
judgment shall come into effect concurrently with:
1) a decision of an assignments sitting of the Department of
Administrative Cases of the Supreme Court if it has been refused
to initiate cassation proceedings, cassation proceedings have
been terminated or cassation complaints have been left without
examination;
2) a judgment of the Department of Administrative Cases of the
Supreme Court if the appellate court judgment has not been set
aside.
(3) The provisions of Section 263 of this Law are applicable
to appellate court judgments.
[26 October 2006; 2 February 2017]
Section 310. Correction of Clerical
Errors and Mathematical Miscalculations in Appellate Court
Judgments
(1) An appellate court may correct clerical errors or
mathematical miscalculations in a judgment in accordance with the
procedures laid down in Section 260 of this Law.
(2) [1 November 2012]
[1 November 2012 / See Paragraph 13 of the Transitional
Provisions]
Section 311. Supplementary Judgment
of an Appellate Court
An appellate court shall render a supplementary judgment in
the cases and in accordance with the procedures laid down in
Section 261 of this Law.
[2 February 2017]
Section 312. Explanation of the
Judgment of an Appellate Court
(1) An appellate court may explain its judgment in accordance
with the procedures laid down in Section 262 of this Law.
(2) [1 November 2012]
[1 November 2012 / See Paragraph 13 of the Transitional
Provisions]
Section 313. Enforcement of a
Judgment of an Appellate Court
(1) A judgment of an appellate court shall be enforced after
it has come into effect, except for the cases where the court has
determined that the judgment is to be enforced immediately.
(2) Upon request of a participant to administrative
proceedings, an appellate court shall decide, in accordance with
the procedures laid down in Sections 265 and 266 of this Law, on
the enforcement of a judgment immediately, division of
enforcement of a judgment into terms, or changing of the form of
and procedures for the enforcement of a judgment.
(3) An ancillary complaint may be submitted regarding the
court decision to divide enforcement of a judgment into terms, or
to change the form of and procedures for its enforcement.
Section 314. Staying of Court
Proceedings in an Administrative Case, Leaving Application
Without Examination and Termination of Court Proceedings in an
Administrative Case in an Appellate Court
Court proceedings shall be stayed, applications shall be left
without examination, and court proceedings shall be terminated in
accordance with the provisions of Chapters 28, 29, and 30 of this
Law.
Division Five
Appeal of a Decision of a Court of First Instance and of
Appellate Court
Chapter 35
Appeal of a Court Decision
Section 315. Right to Appeal a
Decision
(1) A participant to the administrative proceedings may, in
the cases specified in this Law, appeal a decision of a court of
first instance or an appellate court separately from a court
judgment by submitting an ancillary complaint.
(2) Objections regarding other decisions of a court of first
instance or of an appellate court may be raised in a notice of
appeal or cassation complaint.
(3) Court decisions taken within the framework of the
execution of an administrative act or enforcement of a court
ruling shall not be subject to appeal, except for the cases
specified in the law.
[1 November 2012; 2 February 2017]
Section 316. Term for Submitting an
Ancillary Complaint
(1) An ancillary complaint may be submitted within 14 days
from the day when a court has taken a decision, except for the
cases provided for in this Law. If the court has taken an
abridged decision, the term for appeal shall be counted from the
day of drawing up of a full decision. If the decision is
contained in a judgment and a participant to the proceedings
raises objections only to the decision (Section 292, Paragraph
1.1), the ancillary complaint shall be submitted
within the term for appeal of the judgment.
(11) If participants to the proceedings have not
been notified of the date when the decision was taken, the term
for appeal of such decision shall be counted from the day of
receipt thereof.
(2) An ancillary complaint submitted after the expiration of
the abovementioned term shall not be accepted and shall be
returned to the submitter.
(3) If a court decision may be appealed from the day of
receipt thereof, the decision shall be deemed notified (received)
in accordance with Section 70 of this Law regarding notification
of an administrative act.
[26 October 2006; 18 December 2008; 1 November 2012; 2
February 2017]
Section 317. Procedures for
Submitting an Ancillary Complaint
(1) An ancillary complaint shall be submitted to the court
that has taken the decision. The ancillary complaint shall be
addressed to:
1) the Regional Administrative Court - regarding decisions of
a court of first instance;
2) the Department of Administrative Cases of the Supreme
Court:
a) regarding decisions of the appellate court;
b) regarding the decisions on refusal to accept an application
on the basis of Section 191, Paragraph one, Clause 1 or 8 of this
Law;
c) regarding the decisions to terminate court proceedings on
the basis of Section 282, Clause 1 or 2 of this Law;
d) regarding several decisions taken within the scope of one
ruling which have different appeal procedures.
(2) [1 November 2012]
(3) If an ancillary complaint is submitted directly to the
court which is to examine it within the specific term, the term
shall be considered to have been complied with.
(4) If the law lays down special appeal procedures for a court
judgment which are different from the procedures laid down in
this Law, the ancillary complaint regarding a procedural decision
taken by a court shall be addressed to the court which would
examine a complaint regarding a court judgment. If the judgment
in the case is not subject to appeal, also the decisions taken by
the court shall not be subject to appeal.
(5) [11 November 2021]
(6) The court which has taken the decision appealed shall
decide on admissibility of an ancillary complaint, an action to
be taken thereon, and renewal of the delayed procedural time
limit.
[15 January 2004; 18 December 2008; 1 November 2012; 2
February 2017; 11 November 2021]
Section 318. Content of an Ancillary
Complaint
(1) The following shall be indicated in an ancillary
complaint:
1) the name of the court to which the complaint is
addressed;
2) the given name, surname, and address of the place of
residence of submitter of the complaint and of his or her
authorised representative if an ancillary complaint is submitted
by a representative, or another address where such person may be
reached (for a legal person - name, registration number, and
legal address). If the submitter of the complaint or his or her
authorised representative agree to use the e-case portal for
communication with the court, an indication regarding the e-case
portal as the means of communication shall be included;
21) the telephone number or electronic mail address
of the submitter of a complaint (his or her representative) if he
or she agrees to use the relevant means of communication for
communication with the court;
3) [2 February 2017];
4) the decision regarding which the complaint is
submitted;
5) the extent to which the decision is appealed;
6) the nature of the error in decision;
7) the request of the submitter of the complaint;
8) a list of documents accompanying the complaint;
9) the place and time of the drawing up of the complaint.
(2) An ancillary complaint shall be signed by the submitter or
his or her authorised representative.
(3) If the grounds included in the ancillary complaint are
extensive, a court (judge) may request the submitter of the
complaint to submit a summary thereof.
[2 February 2017; 11 November 2021]
Section 319. Transcripts of an
Ancillary Complaint
[11 November 2021]
Section 320. Leaving an Ancillary
Complaint not Proceeded With
(1) If an ancillary complaint does not conform to the
requirements of Section 318, Paragraph one or two of this Law or
the Official Language Law, if it is not accompanied by documents
attesting to authorisation, or if a security deposit has not been
paid for it, a judge shall take the decision to leave the
ancillary complaint not proceeded with and determine a time
period for the elimination of deficiencies.
(2) If the submitter eliminates the deficiencies within the
specified time period, the ancillary complaint shall be
considered submitted on the day when it was first submitted to
the court. If the submitter does not eliminate the deficiencies
within the specified time period, the ancillary complaint shall
be considered not submitted and shall be returned to the
submitter.
(3) The returning of the ancillary complaint to the submitter
is not an obstacle to its repeated submission to the court in
compliance with the provisions of this Law regarding submission
of ancillary complaints.
(4) If the deficiencies indicated in Paragraph one of this
Section have been detected in the court in which the ancillary
complaint is to be examined, the decision to leave the ancillary
complaint not proceeded with shall be taken by a judge of this
court.
[1 November 2012; 11 November 2021]
Section 320.1 Refusal to
Examine an Ancillary Complaint
An appellate court or a panel of judges of the Supreme Court
may take a unanimous decision on refusal to examine an ancillary
complaint if it is manifestly unfounded or outright insulting and
defiant.
[11 November 2021]
Section 321. Action of a Court
Following Acceptance of an Ancillary Complaint
(1) Following the acceptance of an ancillary complaint, a
judge shall forward the complaint and the documents appended
thereto to the participants to administrative proceedings within
three days.
(2) [1 November 2012]
(3) If a court (judge) regarding whose decision an ancillary
complaint has been submitted recognises it as founded, it may set
aside the appealed decision in full or in part and decide an
issue on the merits. An ancillary complaint may be submitted
regarding such decision.
(4) Following the acceptance of an ancillary complaint or
expiry of the term for the submission of such complaint, if other
ancillary complaints are also possible in the case, the case
shall be sent, without delay, to the court in which the ancillary
complaint is to be examined.
[1 November 2012; 11 November 2021]
Section 322. Procedures for
Examining an Ancillary Complaint
(1) An ancillary complaint shall be examined in accordance
with the procedures prescribed by this Law for the examination of
cases in an appellate court.
(2) An ancillary complaint shall be examined in the written
procedure.
[26 October 2006]
Section 323. Competence of the
Regional Administrative Court and the Department of
Administrative Cases of the Supreme Court
(1) In examining an ancillary complaint, the Regional
Administrative Court and the Department of Administrative Cases
of the Supreme Court have the following rights:
1) to uphold the decision and to reject the complaint;
2) to set aside the decision in full or in part and refer the
issue for re-examination to the court that took the decision;
3) to set aside the decision in full or in part and, pursuant
to its decision, decide the issue on the merits;
4) to change the decision.
(2) If there are no objective obstacles to the deciding of an
issue on the merits, the Regional Administrative Court and the
Department of Administrative Cases of the Supreme Court shall be
obliged, pursuant to its decision, to decide the issue on the
merits when examining an ancillary complaint.
[15 January 2004; 26 October 2006; 2 February 2017]
Section 324. Effect of a Decision
Taken Regarding an Ancillary Complaint
(1) A decision taken with regard to an ancillary complaint
shall come into effect from the moment it is taken.
(2) [1 November 2012]
(3) [1 November 2012]
(4) If an ancillary complaint is submitted regarding a
decision of a higher instance court which has been taken
regarding an ancillary complaint (Section 323) and is not subject
to appeal in accordance with Paragraph one of this Section, or
regarding a decision which is not subject to appeal in accordance
with this Law, such ancillary complaint shall be deemed not
submitted and shall be returned to the submitter.
[15 January 2004; 26 October 2006; 18 December 2008; 1
November 2012] See Paragraphs 13 and 15 of Transitional
Provisions]
Division Six
Court Proceedings in a Cassation Court
Chapter 36
Submission of a Cassation Complaint
Section 325. Right to Submit a
Cassation Complaint
A participant to the administrative proceedings may appeal a
judgment and a supplementary judgment of an appellate court in
accordance with the cassation procedures if the court has
violated norms of substantive or procedural law or has exceeded
the limits of its competence in examining a case, and this
violation has resulted or may have resulted in erroneous trial of
the case.
[2 February 2017]
Section 326. Violation of Norms of
Substantive Law
It shall be considered that a norm of substantive law has been
violated if a court:
1) has not applied such norm of substantive law which should
have been applied;
2) has applied a norm of substantive law which should not have
been applied;
3) has erred in its interpretation of a norm of substantive
law.
Section 327. Violation of Norms of
Procedural Law
(1) It shall be considered that a norm of procedural law has
been violated if the court:
1) has not applied such norm of procedural law which should
have been applied;
2) has applied a norm of procedural law which should not have
been applied;
3) has erred in its interpretation of a norm of procedural
law;
4) has examined a case in the written procedure, although it
was required to examine a case in the oral procedure in
accordance with Section 206, Paragraph two of this Law.
(2) Violation of norms of procedural law may be the basis for
appeal of a judgment in accordance with the cassation procedures
if such violation has resulted or may have resulted in erroneous
trial of a case.
(3) The following shall be regarded as violation of a norm of
procedural law which may have resulted in erroneous trial of a
case:
1) a court has examined a case in an unlawful composition;
2) a court has examined a case by violating norms of
procedural law which stipulate that participants to the
administrative proceedings shall be notified of the time and
place of a court hearing;
3) in the examination of the case, the norms of procedural law
regarding the language of court proceedings have been
violated;
4) the court judgment determines the rights and obligations of
persons who have not been summoned to the case as participants to
the administrative proceedings;
5) there is not a full court judgment in the case.
[1 November 2012; 11 November 2021]
Section 328. Content of a Cassation
Complaint
(1) The following shall be indicated in a cassation
complaint:
1) the name of the court to which the complaint is
addressed;
2) the given name, surname, and address of the place of
residence of submitter of the complaint and of his or her
authorised representative if a cassation complaint is submitted
by a representative, or another address where such person may be
reached (for a legal person - name, registration number, and
legal address). If the submitter of the complaint or his or her
authorised representative agree to use the e-case portal for
communication with the court, an indication regarding the e-case
portal as the means of communication shall be included;
3) the telephone number or electronic mail address of the
submitter of the complaint (his or her representative) if he or
she agrees to use the relevant means of communication for
communication with the court;
4) the judgment regarding which the complaint is
submitted;
5) the extent to which the judgment is appealed;
6) what norm of substantive or procedural law the court has
violated and how this violation manifests itself;
7) the grounds if the submitter of the complaint believes that
the examination of a cassation complaint in accordance with the
procedures of cassation proceedings is of significant importance
to the establishment of case law;
8) the request made to the court;
9) the time and place of drawing up the complaint.
(11) If a judgment contains a decision regarding
which an ancillary complaint may be submitted to a cassation
court, objections to this decision shall be included in the
cassation complaint, except for the case where the participant to
the proceedings only appeals the decision contained in the
judgment.
(2) A cassation complaint shall be signed by the submitter
thereof or by his or her authorised representative. If a
cassation complaint is submitted on behalf of the submitter by a
representative, he or she shall append to the complaint an
appropriate authorisation or another document which attests to
the right of the representative to submit the complaint.
(3) [2 February 2017]
(4) If the justification included in the cassation complaint
is extensive, a judge of the Department of Administrative Cases
of the Supreme Court may request the submitter of the complaint
to submit a summary thereof.
[1 November 2012; 2 February 2017; 11 November
2021]
Section 329. Term for Submitting a
Cassation Complaint
(1) A cassation complaint may be submitted within one month
from the day a judgment is drawn up.
(2) If the judgment has been drawn up after the specified
term, the term for appeal thereof shall be counted from the day
the judgment is drawn up.
(3) A complaint which has been submitted after expiry of this
term shall not be accepted and shall be returned to the
submitter. An ancillary complaint may be submitted regarding a
decision of a judge to refuse to accept a cassation
complaint.
[26 October 2006; 1 November 2012; 2 February 2017; 11
November 2021]
Section 330. Appeal of a Decision of
a Judge
[2 February 2017]
Section 331. Procedures for
Submitting a Cassation Complaint
(1) A cassation complaint shall be submitted to the court
which rendered the judgment.
(2) [11 November 2021]
(3) If a cassation complaint is submitted directly to the
Department of Administrative Cases of the Supreme Court within
the specific term, the term shall be considered to have been
complied with.
(4) The court which has made the judgment shall decide on
admissibility of a cassation complaint, an action to be taken
thereon, and renewal of the delayed procedural time limit.
(5) [11 November 2021]
[2 February 2017; 11 November 2021]
Section 332. Transcripts of a
Cassation Complaint
[11 November 2021]
Section 333. Leaving a Cassation
Complaint not Proceeded With
(1) A judge shall take a decision to leave a cassation
complaint not proceeded with by specifying a term for the
elimination of deficiencies if:
1) the cassation complaint does not conform to Section 328,
Paragraph one, Clauses 1, 2, 4, 5, and 8 or Paragraph two of this
Law;
2) the cassation complaint does not conform to the
requirements of the Official Language Law;
3) [11 November 2021];
4) a security deposit has not been paid for the cassation
complaint.
(2) If the submitter of the cassation complaint eliminates the
deficiencies within the specific term, the complaint shall be
considered submitted on the day it was first submitted.
(3) If the submitter of the cassation complaint does not
eliminate the deficiencies within the specific term, the
complaint shall be deemed not submitted and shall be returned to
the submitter. (4) An ancillary complaint may be submitted
regarding the decision of a judge to consider a cassation
complaint as not submitted.
(4) The returning of the cassation complaint to the submitter
is not an obstacle to its repeated submission to the court in
compliance with the provisions of this Law regarding submission
of cassation complaints.
(5) [1 November 2012]
(6) If the deficiencies indicated in Paragraph one of this
Section have been detected in the Department of Administrative
Cases of the Supreme Court, the decision to leave the cassation
complaint not proceeded with shall be taken by a judge of the
Department of Administrative Cases of the Supreme Court.
[1 November 2012; 2 February 2017; 11 November
2021]
Section 334. Action after Acceptance
of a Cassation Complaint
(1) The court shall send to a participant to administrative
proceedings a cassation complaint and inform him or her of the
right to, within one month from the day such complaint is sent,
submit explanations in relation to the cassation complaint.
(2) Following the acceptance of a cassation complaint or
expiry of the term for the submission of a cassation complaint,
if other cassation complaints are also possible in the case, the
case shall be sent, without delay, to the Department of
Administrative Cases of the Supreme Court.
[11 November 2021]
Section 335. Joining in a Cassation
Complaint
(1) Co-applicants and a third person, who participates in
proceedings on the side of a participant to the administrative
proceedings who has submitted a cassation complaint, may join in
the submitted complaint.
(2) The Department of Administrative Cases of the Supreme
Court shall be notified in writing of the joining in a cassation
complaint within one month from the day when the cassation
complaint is sent.
[26 October 2006; 2 February 2017; 11 November
2021]
Section 336. Withdrawal of a
Cassation Complaint and Termination of Cassation Proceedings
(1) A submitter may withdraw a cassation complaint before the
examination of a case on its merits has been completed.
(2) If a cassation complaint is withdrawn before an
assignments sitting, a panel of judges shall refuse to initiate
cassation proceedings. If a cassation complaint is withdrawn
after an assignments sitting, cassation proceedings shall be
terminated.
(3) If the Department of Administrative Cases of the Supreme
Court establishes that cassation proceedings have been initiated
regarding the judgment of a lower court which is not subject to
appeal in accordance with the law, the cassation proceedings
shall be terminated.
[26 October 2006; 1 November 2012; 2 February 2017]
Section 337. Submitting a
Cross-complaint
(1) A participant to administrative proceedings may, within
one month from the day when a cassation complaint is sent, submit
his or her cross-complaint to the Department of Administrative
Cases of the Supreme Court.
(2) In submitting a cross-complaint, the provisions of
Sections 325, 326, 327, and 328 of this Law shall be conformed
to.
(3) If a cassation complaint is withdrawn, the cross-complaint
shall be examined independently.
(4) A cross-complaint submitted after expiry of the term
specified in Paragraph one of this Section shall not be accepted
and shall be returned to the submitter.
[26 October 2006; 1 November 2012; 2 February 2017; 11
November 2021]
Chapter 37
Examination of an Administrative Case in a Cassation Court
Section 338. Assignments Sitting
(1) A panel of judges composed of three judges shall decide on
the initiation of cassation proceedings at an assignments
sitting. The composition of the panel shall be determined
according to a plan for the division of cases.
(2) If the panel of judges unanimously finds that the
initiation of cassation proceedings is to be refused, it shall
refuse to initiate cassation proceedings. A decision of an
assignments sitting shall be taken with regard to the refusal to
initiate cassation proceedings.
(3) If there is a difference of opinion between judges as to
the initiation of cassation proceedings or all judges believe
that a case is to be examined in accordance with the cassation
procedures, the panel of judges shall initiate cassation
proceedings by a decision.
(4) The panel of judges may refer a case for examination in
accordance with the cassation procedures in a plenary session of
the Department of Administrative Cases of the Supreme Court.
(5) The decision referred to in Paragraph two of this Section
which has been taken on the basis of Section 338.1,
Paragraph one of this Section, and also the decision referred to
in Paragraphs three and four of this Section may be drawn up in
the form of a resolution.
(6) If cassation proceedings are initiated upon a request of a
participant to the administrative proceedings, the enforcement of
a judgment may be stayed by a decision of the assignments
sitting.
(7) If the panel of judges establishes any of the cases
referred to in Section 273 of this Law, it may stay the court
proceedings.
(8) The panel of judges may also decide an issue regarding
refusal to accept the submitted ancillary complaint and other
procedural issues, and also take a decision to submit a question
to the Court of Justice of the European Union for a preliminary
ruling, or to submit an application to the Constitutional Court
regarding compliance of legal provisions with the Constitution or
a provision of international law (legislation).
(9) The panel of judges may take a decision to refer a case
for rendering a supplementary judgment to the court the judgment
of which has been appealed if the relevant court has not tried
any of the claims. The examination of the case shall be continued
in accordance with the cassation procedures after the relevant
court has rendered the supplementary judgment in a case and a
term specified in the law for the submission of a cassation
complaint (for a participant to the proceedings who has already
submitted the cassation complaint in the case - addition thereto)
regarding a supplementary judgment has expired.
[2 February 2017]
Section 338.1 Grounds for
the Refusal to Initiate Cassation Proceedings
(1) A panel of judges shall refuse to initiate cassation
proceedings if a cassation complaint does not conform to the
requirements referred to in Sections 325, 326, 327, 328, and 329
of this Law or a cassation complaint has been submitted by a
person who is not authorised to do it, or a cassation complaint
has been submitted regarding a court judgment which is not
subject to appeal in accordance with the law.
(2) The panel of judges may refuse to initiate cassation
proceedings in the following cases:
1) case law of the Supreme Court has been established in the
issues of application of legal provisions indicated in the
cassation complaint, and the appealed judgment complies with
it;
2) after evaluation of the arguments referred to in the
cassation complaint no concerns on the lawfulness of the appealed
judgment arise and the case to be examined is not relevant to the
establishment of case law;
3) the cassation complaint is outright insulting and
defiant.
[26 October 2006; 18 December 2008; 1 November 2012; 2
February 2017; 11 November 2021]
Section 339. Examination of a Case
in a Cassation Court
(1) A case shall be examined in a cassation court in the
written procedure. Composition of the court and a judge who acts
as rapporteur shall be determined in accordance with a plan for
the division of cases.
(2) A court shall inform participants to the proceedings of
the time of the examination of a case. If it has been determined
that a case is to be examined in the oral procedure, the
participants to the proceedings shall be notified of the time and
place of the examination of the case in accordance with the
procedures laid down in Chapter 14 of this Law.
(3) A case shall be examined in a cassation court by three
judges but in the cases specified in this Law - in a plenary
session of the Department of Administrative Cases of the Supreme
Court.
[2 February 2017]
Section 340. Beginning of a Court
Hearing
(1) The chairperson of the court hearing shall open a court
hearing and announce a case which is being examined.
(2) A recorder shall report to the court which persons
summoned or summonsed to the case have appeared, whether the
persons who have failed to appear have been notified of the court
hearing, and what information has been received regarding the
reasons for the absence thereof.
(3) The chairperson of the court hearing shall announce the
composition of the court as well as name an interpreter if he or
she is present at the court hearing.
(4) The grounds for removal and the procedures for examining
removal shall be determined in Sections 117, 118, and 119 of this
Law.
[1 November 2012; 2 February 2017]
Section 341. Explanation of Rights
and Obligations to Participants to the Administrative
Proceedings
In examining a case in the written procedure, a court shall
inform participants to the proceedings in writing of the
composition of the court and explain their right to submit
removals as well as other procedural rights and obligations.
[1 November 2012]
Section 342. Consequences Resulting
from the Failure of a Participant to the Administrative
Proceedings to Appear at a Court Hearing
The failure to attend of a participant to administrative
proceedings who has been duly notified of the time and place of a
cassation court hearing is not an obstacle to the examination of
the case.
Section 343. Deciding Requests of
Participants to the Administrative Proceedings
A request of a participant to the administrative proceedings
which is related to the examination of a case shall be decided
after hearing opinions of other participants to the
administrative proceedings.
[18 December 2008]
Section 344. Report on a Case
The examination of a case on the merits shall commence with a
report on the case by a rapporteur.
[2 February 2017]
Section 345. Explanations of
Participants to Administrative Proceedings
(1) After a report by a judge who acts as rapporteur, a court
shall become acquainted with (in the written procedure) or hear
(in the oral procedure) explanations of participants to the
administrative proceedings. The court may determine in advance
the amount of time to be allowed for explanations, however, the
duration of the time given to the participants to the
administrative proceedings shall be equal.
(2) A participant to the administrative proceedings who has
submitted a cassation complaint shall be the first to speak in a
court hearing. If the judgment has been appealed by both the
applicant and the defendant, the applicant shall be the first to
speak.
(3) Judges may ask questions to participants to the
administrative proceedings.
(4) Each participant to the administrative proceedings has the
right to one reply in a court hearing.
[1 November 2012; 2 February 2017]
Section 346. Rendering a
Judgment
(1) After completion of the examination of a case, a court
shall determine the time when a judgment will be drawn up and
pronounced in the e-case portal. The court judgment shall be
drawn up within a month. If, during the drawing up of the
judgment, the court detects that the drawing up of the judgment
will require a longer time period, it shall determine another
date of pronouncement of the judgment within the closest two
months.
(2) If a court does not reach a unanimous opinion, or all
judges believe that a case should be examined in a plenary
session of the Department of Administrative Cases of the Supreme
Court, the court shall take a decision to refer the case for
examination in a plenary session of the Department of
Administrative Cases of the Supreme Court.
(3) In drawing up a judgment, a plenary session shall adopt
all rulings by a majority of the votes cast. All judges shall
sign the judgment.
(4) A judge, who has had a different opinion on the
interpretation or application of a legal provision in examining a
case in a plenary session of the Department of Administrative
Cases of the Supreme Court, may, within 15 days after drawing up
of the full text of the judgment, express his or her dissenting
opinion in writing which is to be appended to the case.
Provisions of this Paragraph shall also be applicable to the
cases where an ancillary complaint is examined in the plenary
session.
[26 October 2006; 18 December 2008; 1 November 2012; 2
February 2017; 11 November 2021]
Section 346.1 Staying of
Court Proceedings, Leaving an Application or a Cassation
Complaint without Examination, Termination of Court
Proceedings
(1) A cassation court shall stay court proceedings, leave an
application without examination, and terminate court proceedings
by applying the legal provisions of Chapters 28, 29, and 30 of
this Law respectively.
(2) If provisions referred to in Section 328, Paragraph two or
Section 329 of this Law have not been complied with in initiating
cassation proceedings, a cassation court may leave a cassation
complaint without examination.
[26 October 2006]
Chapter 38
Ruling of a Cassation Court
Section 347. Limits Regarding
Examination of a Case
(1) In examining a case in accordance with the cassation
procedures, a court shall examine the lawfulness of the existing
judgment in the appealed part thereof in relation to a
participant to the administrative proceedings who has appealed
the judgment or has joined in a cassation complaint, and also the
arguments which are referred to in the cassation complaint.
(2) If the court establishes that such violations of the norms
of law exist which have led to erroneous examination of the
entire case, it may set aside the judgment in full, even though
only a part of it has been appealed.
Section 348. Judgment of a Cassation
Court
(1) A court, following its examination of the case, may render
one of the following judgments:
1) to uphold the judgment and to reject the complaint;
2) to set aside the judgment in full or in part and refer the
case for it to be re-examined in an appellate court or a court of
first instance;
3) to set aside the judgment in full or in part and to
terminate court proceedings or leave the application without
examination if the appellate court has not complied with the
provisions of Section 278 or 282 of this Law.
(2) A cassation court shall render a supplementary judgment in
accordance with the procedures laid down in Section 261 of this
Law if:
1) a judgment has not been rendered with regard to a judgment
of a lower court in the appealed part;
2) it has not been determined to repay a security deposit or
repay or reimburse the State fee.
(3) If a decision contained in a judgment of a lower court has
been appealed together with the judgment and an ancillary
complaint may be submitted to a cassation court regarding it, the
judgment shall also include a decision taken regarding the
ancillary complaint.
[2 February 2017]
Section 349. Content of a Judgment
of a Cassation Court
(1) A cassation court judgment shall consist of an
introductory part, a descriptive part, a reasoned part, and an
operative part.
(2) The following shall be indicated in the introductory
part:
1) the name and composition of the court;
2) the time when the judgment is rendered;
3) the participants to the administrative proceedings and the
subject-matter of the application;
4) the participant to the administrative proceedings who has
submitted the cassation complaint (cassation cross-complaint) or
has joined in it;
5) the type of procedure in which the case has been
examined.
(3) The following shall be indicated in the descriptive
part:
1) a brief description of the circumstances of the case;
2) the substance of the appellate court judgment;
3) the reasons for the cassation complaint;
4) the reasons for the cross-complaint or the substance of the
explanations;
5) [1 November 2012].
(4) The following shall be indicated in the reasoned part:
1) when rejecting a cassation complaint - arguments due to
which the complaint has been rejected;
2) when satisfying a cassation complaint - arguments regarding
violations of legal provisions committed by a court, erroneous
application of legal provisions or exceeding of the limits of
competence of the court.
If during examination of a case the court finds that the
justification included in the judgment of the lower instance
court is correct and completely sufficient, it may indicate in
the reasoned part of the judgment that it agrees with the
reasoning of the judgment of the lower instance court. In this
case a more detailed statement of arguments shall not be
required.
(5) The operative part shall indicate a ruling in accordance
with the relevant clause of Section 348 of this Law.
(6) If a court finds that the justification included in the
appealed judgment is correct, it may indicate in the reasoned
part of the judgment that it recognises the relevant
justification as correct. In such case the arguments laid down in
Paragraph four, Clause 1 of this Section need not be indicated in
the reasoned part of the judgment.
(7) If a court finds that the appealed judgment does not
conform to the case law of the Supreme Court in other similar
cases and it has not been indicated by arguments in the appealed
judgment why such deviation from the case law has occurred, the
court may render a judgment by indicating in the reasoned part
thereof the case law which has not been complied with or the
non-compliance with which has not been justified. In such case
the descriptive part need not be included in the judgment and the
arguments laid down in Paragraph four, Clause 2 of this Section
need not be indicated in the reasoned part of the judgment.
[26 October 2006; 1 November 2012; 2 February 2017]
Section 350. Mandatory Nature of
Interpretation of Legal Provisions
(1) The interpretation (construing) of the legal provisions
stated in a judgment of a cassation court shall be mandatory for
the court which re-examines the such case.
(2) In its judgment a cassation court shall not determine what
judgment shall be rendered when the case is re-examined.
Section 351. Effect of a Judgment of
a Cassation Court
A judgment of a cassation court shall not be subject to appeal
and shall come into effect on the day it is pronounced.
[26 October 2006; 18 December 2008]
Section 352. Correction of Clerical
Errors and Mathematical Miscalculations
(1) A cassation court may, upon its own initiative or request
of a participant to the administrative proceedings, correct
clerical errors or mathematical miscalculation in a ruling. An
issue regarding the correction of errors and miscalculations
shall be decided in the written procedure by notifying
participants to the administrative proceedings of this in advance
and specifying a term for the submission of objections. A
decision to correct errors and miscalculations shall be
immediately sent to the participants to the administrative
proceedings.
(2) Clerical errors and mathematical miscalculations in a
judgment shall be corrected by a court decision.
[18 December 2008; 2 February 2017]
Division Seven
Re-examination of a Case After a Judgment or Decision Comes into
Effect
Chapter 39
Re-examination of a Case Due to Newly Discovered
Circumstances
Section 353. Newly Discovered
Circumstances
The following shall be considered newly discovered
circumstances:
1) essential circumstances of a case which existed at the time
of the examination of the case but were not known to the
court;
2) knowingly false testimonies of witnesses, a knowingly false
expert opinion, a knowingly false interpretation, false written
or physical evidence has been established by a judgment in a
criminal case that has come into effect due to which an unlawful
or an unfounded judgment was rendered;
3) actions have been established by a judgment in a criminal
case that has come into effect due to which an unlawful judgement
or decision has been rendered;
4) setting aside of a court judgment or a decision of an
institution which has constituted grounds for the court in this
administrative case to render the relevant judgment or take the
relevant decision;
5) the recognition of a legal provision applied to the trying
of a case as non-compliant with a legal provision of higher legal
force;
6) a ruling of the European Court of Human Rights or another
international or supranational court in this case according to
which the administrative proceedings should be re-initiated. In
such case the court, in taking a decision in the resumed case,
shall rely on the facts determined in the ruling of the European
Court of Human Rights or another international or supranational
court and the legal assessment thereof.
Section 354. Submission of an
Application
(1) A re-examination of the case due to newly discovered
circumstances shall be initiated upon application of a
participant to the case. The application shall be examined by the
same court by a judgment or decision of which examination of the
case on the merits has been completed.
(2) The application may be submitted within three months from
the day when the circumstances forming the basis for
re-examination of the case have been established.
(3) The application may not be submitted if more than three
years have passed since the judgment or the decision came into
effect. This condition shall not apply to the cases where the
newly discovered circumstances are a ruling of the European Court
of Human Rights or of another international or supranational
court (Section 353, Clause 6).
[15 January 2004; 26 October 2006; 2 February 2017]
Section 355. Calculation of the Term
for Submission of an Application
The term for submission of an application shall be calculated
as follows:
1) due to the circumstances referred to in Section 353, Clause
1 of this Law - from the day such circumstances were
established;
2) in the cases specified in Section 353, Clauses 2 and 3 of
this Law - from the day the judgment in the criminal case has
come into effect;
3) in the case specified in Section 353, Clause 4 of this Law
- from the day of the coming into effect of the court ruling
setting aside the judgment in an administrative case, civil case,
or criminal case, or from the day of setting aside of the
decision of an institution which were the basis for the judgment
or decision that are being requested to be set aside due to newly
discovered circumstances;
4) in the case specified in Section 353, Clause 5 of this Law
- from the day of coming into effect of a judgment of the
Constitutional Court in relation to which the legal provision
applied becomes invalid as non-compliant with a legal provision
of higher legal force;
5) in the case specified in Section 353, Clause 6 of this Law
- from the day of coming into effect of a ruling of the European
Court of Human Rights or another international or supranational
court according to which the administrative proceedings should be
re-initiated.
[26 October 2006]
Section 356. Examination of an
Application
(1) It shall be refused to accept an application for
examination if procedural obstacles to the admissibility of the
application are established. Examination of an application may be
refused if it is outright insulting and defiant. An ancillary
complaint may be submitted regarding such decision of a judge of
a court of first instance or an appellate court.
(2) A court shall examine an application due to newly
discovered circumstances in the written procedure.
(3) If a court establishes procedural obstacles to the
admissibility of an application during the course of examination
of the application, it shall terminate court proceedings. An
ancillary complaint may be submitted regarding such decision of a
court of first instance or an appellate court.
(4) If a security deposit has not been paid for an application
as well as if a request is not reasoned, not signed or
accompanied by documents attesting to authorisation or it does
not conform to the requirements of the Official Language Law, a
court (judge) shall leave the request not proceeded with in
accordance with the procedures laid down for the leaving of an
application not proceeded with (Section 192).
[2 February 2017; 11 November 2021]
Section 357. Court Decision
(1) After it has examined the application, a court shall
verify whether the circumstances indicated by the applicant
should be found to be newly discovered circumstances in
accordance with Section 353 of this Law.
(2) If a court establishes newly discovered circumstances, it
shall set aside the appealed ruling in full or in part and refer
the case for re-examination to the same court or a lower
court.
(3) If a court finds that the circumstances indicated in the
application are not considered newly discovered, it shall reject
the application. (4) An ancillary complaint may be submitted
regarding a decision of a court of first instance or of an
appellate court by which an application for the re-examination of
a case due to newly discovered circumstances has been
rejected.
[26 October 2006; 2 February 2017]
Part D
Execution of an Administrative Act and Enforcement of a Court
Ruling
Division Eight
Execution of an Administrative Act
Chapter 40
General Provisions of Execution
[15 January 2004]
Section 358. Procedures for
Executing an Administrative Act
(1) The addressee of an administrative act shall execute the
administrative act voluntarily.
(2) Compulsory execution of an administrative act which has
not been executed voluntarily shall be performed in accordance
with the procedures laid down in this Law if other procedures are
not prescribed by the law on the basis of which the
administrative act has been issued.
(3) If an administrative act which is unfavourable to the
addressee must be executed by the institution itself, it shall be
executed after the term for the contesting (appeal) of such
administrative act has expired and it has not been contested
(appealed) or a court judgment has come into effect according to
which the application of the addressee has been rejected. This
provision shall not be applied in the cases where the law allows
for the administrative act to be executed immediately.
(4) Concurrently with notification of the administrative act
to the addressee, the institution may take the measures
prescribed by law to secure the execution of the administrative
act.
(5) If an institution fails to properly execute an
administrative act favourable to an addressee or a third person,
the relevant person may submit a complaint regarding this fact to
a higher institution, if any, and then to a court. A court shall
examine such complaint in the written procedure. In examining
such complaint, the court may decide to impose an obligation on
the institution to execute the administrative act within a
specific term.
(6) If an addressee fails to execute an administrative act
voluntarily, a third person as well as a person who has not been
summoned to administrative proceedings as a third person but
whose rights and legal interests are affected by the
administrative act may have recourse to an enforcement authority
and request it to ensure compulsory execution of the
administrative act. If the enforcement authority fails to perform
activities necessary for the ensuring of compulsory execution, a
complaint may be submitted regarding this fact to a higher
institution, if any, and then to a court. A court shall examine
such complaint in the written procedure. In examining such
complaint, the court may decide to impose an obligation on the
enforcement authority to perform the necessary activities in
order to ensure execution of the administrative act within a
specific term.
[1 November 2012]
Section 359. Enforcement
Authority
(1) Compulsory execution of an administrative act shall be
performed by an enforcement authority:
1) the institution which has issued the administrative
act;
2) another authority;
3) a bailiff;
4) the police.
(2) The enforcement authority that has jurisdiction shall be
determined pursuant to laws and regulations.
(3) If, in accordance with the law, a bailiff has jurisdiction
over the execution of an administrative act, the provisions of
the Civil Procedure Law are applicable to the execution.
(4) If the enforcement authority that has jurisdiction has not
been determined, it shall be the institution that has issued the
administrative act.
(5) If the compulsory execution is directed against a body
governed by public law, the enforcement authority shall be a
higher institution in respect of such body governed by public
law. If a body governed by public law does not have a higher
institution, the enforcement authority shall be the institution
which has issued the administrative act.
[15 January 2004; 1 November 2012]
Section 360. Preconditions for
Compulsory Execution
(1) An administrative act shall be executed on a compulsory
basis if the following aggregate of the circumstances exist:
1) the administrative act has come into effect (Section
70);
2) the administrative act may no longer be contested (Section
76) or operation of the administrative act has not been suspended
or has been renewed (Sections 80, 185);
3) the administrative act has not been executed voluntarily
until the commencement of compulsory execution;
4) a person has been warned of compulsory execution.
(2) An administrative act may already be executed on a
compulsory basis from the time it comes into effect, without
waiting until it becomes incontestable and has not been executed
voluntarily until the commencement of compulsory execution
if:
1) the execution from the moment it comes into effect is
provided for by another law;
2) the institution specifically determines in the
administrative act that it is to be executed already from the
moment it comes into effect by justifying such urgency with the
fact that any delay directly poses a threat to the national
security, public order, environment, or life, health or property
of a person;
3) the administrative act is issued in accordance with the
provisions of Section 69, Paragraph one of this Law.
(3) Administrative acts of the police, border guard, fire
department, and other officials authorised by law which are
issued in order to immediately prevent a direct threat to the
national security, public order, environment, or life, health or
property of a person shall be executed on a compulsory basis
already from the time they come into effect.
(4) [2 February 2017]
[18 December 2008; 1 November 2012; 2 February
2017]
Section 360.1 Limitation
Period of the Execution of an Administrative Act
(1) An administrative act may not be transferred for execution
if more than five years have passed from expiry of the term for
its voluntary execution, except for the cases specified in
Paragraph two of this Section. A limitation period shall not
include the time when an addressee of the administrative act does
not have a declared place of residence or his or her place of
residence is registered outside Latvia; however, in such case the
administrative act may not be transferred for execution if more
than six years have passed from expiry of the term for its
voluntary execution.
(2) The limitation period of an administrative act which
imposes an obligation on an addressee to pay a specific monetary
amount shall expire:
1) within the time period specified by law if compulsory
execution is performed by an institution which has issued the
administrative act;
2) in accordance with the Civil Procedure Law if an
enforcement order imposing an obligation on an addressee to pay a
specific monetary amount is assigned to a sworn bailiff for
compulsory execution within one year from expiry of the term for
voluntary execution of the administrative act or from the moment
when execution of the administrative act in accordance with the
law on the basis of which the administrative act has been issued
falls within jurisdiction of a bailiff.
[2 February 2017; 11 November 2021]
Section 361. Warning about
Compulsory Execution
(1) The addressee of an administrative act shall first be
warned about compulsory execution. A warning about compulsory
execution of an administrative act which has been issued in
writing shall be issued in writing.
(2) The provisions laid down in Section 70 of this Law
regarding the coming into effect of an administrative act shall
apply to the warning.
(3) The following shall be included in a written warning:
1) an indication as to which administrative act it
applies;
2) an invitation to an addressee to execute the administrative
act voluntarily;
3) an indication of compulsory execution of the administrative
act if it is not executed voluntarily;
4) an indication of the time of commencement of compulsory
execution;
5) the enforcement authority;
6) an indication of the compulsory execution measures to be
applied;
7) an indication that the compulsory execution will be
performed at the expense of the addressee;
8) the place and date of the issue of the warning, and a
signature of an official, unless the warning is a component of
the administrative act.
(4) Compulsory execution shall be performed in compliance with
the conditions of the warning. If an institution wishes to change
conditions of compulsory execution or applicable compulsory
execution measures, it shall issue a new warning.
(5) If an administrative act is issued or may have been
issued, in accordance with Section 69 of this Law, orally or
otherwise, a warning may also be issued orally or otherwise. It
shall not be required to include therein all the components
specified in Paragraph three of this Section, however, the
warning must be such that the addressee could understand that it
is a warning about compulsory execution of the administrative
act.
(6) The warning shall not be necessary in the cases referred
to in Section 360, Paragraph three of this Law, and also if a
pecuniary penalty is re-imposed on an addressee for an
administrative act not executed.
[2 February 2017]
Section 362. Restrictions for
Setting the Term for Compulsory Execution
(1) Compulsory execution shall be set to commence:
1) not earlier than on the day when an administrative act may
no longer be contested (Section 76), except for the case where
operation of the administrative act has not been suspended or has
been renewed (Sections 80, 185);
2) so that the commencement of compulsory execution does not
commence during the time when the term for contestation and
appeal of a compulsory execution activity has not yet
expired.
(2) If a warning may be expressed orally or in some other way,
or a warning is not required but has nonetheless been expressed,
the term for compulsory execution shall be set depending on the
specific circumstances. In such case, compulsory execution may be
commenced immediately after the warning.
[18 December 2008; 2 February 2017]
Section 363. Procedures for
Contesting and Appealing Compulsory Execution
(1) A private person against whom compulsory execution is
directed may submit a complaint if actions of an enforcement
authority that are directed towards compulsory execution of an
administrative act do not comply with the provisions of execution
of administrative acts and enforcement of court rulings provided
for in laws.
(2) A complaint may be submitted within seven days from the
day when a private person has become aware of the action intended
or performed by an enforcement authority. The complaint shall be
submitted to a higher institution but if there is no higher
institution or it is the Cabinet - to a court. The decision of a
higher institution may be appealed to a court within seven days.
The court shall examine a complaint in the written procedure.
(3) A higher institution or a court which has accepted a
complaint may give an order to an enforcement authority to
suspend or revoke the relevant action until a decision is
taken.
[2 February 2017]
Section 364. Costs of Compulsory
Execution of an Administrative Act
(1) Costs of compulsory execution of an administrative act
shall be imposed on the addressee.
(2) A calculation of the costs of compulsory execution of an
administrative act of an institution may be appealed in
accordance with the procedures laid down in Section 363,
Paragraph two of this Law.
(3) If an addressee fails to cover the costs of compulsory
execution voluntarily, an institution (enforcement authority)
shall issue an enforcement order for the execution of the
calculation.
[18 December 2008]
Section 365. Procedures for
Compulsory Execution
The Cabinet may issue regulations in which the procedures for
the compulsory execution of administrative acts are
regulated.
[15 January 2004]
Chapter 41
Compulsory Execution of an Administrative Act Directed at a
Monetary Payment
Section 366. Preconditions for the
Compulsory execution of an Administrative Act Directed at a
Monetary Payment
(1) An administrative act imposing an obligation on the
addressee to pay a specific monetary amount shall be executed on
the basis of an enforcement order, applying the provisions of the
Civil Procedure Law regarding recovery of monetary amounts.
(2) An administrative act imposing an obligation on the
addressee to pay a specific monetary amount shall be executed on
a compulsory basis if it is issued in writing in compliance with
the provisions of Section 67 of this Law and if a written warning
has been given to the addressee in accordance with Sections 361
and 362 of this Law. The exceptions laid down in Section 360,
Paragraph two, Clauses 2 and 3 and Paragraph three, and Section
361, Paragraphs five and six of this Law shall not be
applicable.
[26 October 2006; 2 February 2017]
Section 367. Enforcement Order
(1) An enforcement order shall be issued by an enforcement
authority. If the enforcement authority is a bailiff, the
enforcement order shall be issued by the institution which has
issued the administrative act. The enforcement order shall have
the effect of an enforcement document.
(2) The following shall be included in the enforcement
order:
1) the name of the institution which has issued the
enforcement order;
2) the given name, surname, personal identity number, and
place of residence of the addressee (for a legal person - the
name, registration number, and legal address);
3) an indication as to which administrative act is to be
executed;
4) the amount to be recovered, the term for voluntary payment
thereof, and any other conditions of execution related
thereto;
5) an indication of the giving of a warning;
6) the date when the administrative act to be executed came
into effect;
7) the date when the warning came into effect;
8) the date when the administrative act may no longer be
contested or when operation thereof has been renewed, or an
indication of a legal provision according to which the execution
of the administrative act is permissible before it may no longer
be contested;
9) an indication that the administrative act has not been
executed voluntarily;
10) the place and date of issue of the enforcement order and
the signature of the official.
(3) Upon request of an addressee or an institution, an
enforcement authority may, by its decision, explain the
enforcement order without changing its content.
[18 December 2008; 2 February 2017]
Section 367.1 Compulsory
Execution of an Administrative Act Favourable to an Addressee and
Directed at a Monetary Payment
(1) If an institution delays execution of an administrative
act favourable to an addressee and directed at a monetary
payment, then, in calculating the amount to be disbursed, default
interest shall be added (unless the law prescribes otherwise, the
lawful interest shall be determined in accordance with Section
1765 of the Civil Law).
(2) If an institution fails to execute an administrative act
favourable to an addressee and directed at a monetary payment, a
complaint may be submitted regarding this fact to a higher
institution and then to a court. The court shall examine such
complaint in the written procedure. In deciding the complaint,
the court shall concurrently decide on recovery of the interest
referred to in Paragraph one of this Section regarding the delay
on the part of the institution.
[1 November 2012]
Chapter 42
Compulsory Execution of an Administrative Act Directed at
Specific Actions or Prohibition of Actions
Section 368. Measures for the
Compulsory Execution of an Administrative Act Directed at
Specific Actions or Prohibition of Actions
(1) An administrative act imposing an obligation on the
addressee to perform a specific action (including - to issue
something specific) or prohibiting the performing of a specific
action shall be executed on a compulsory basis by means of
substitute execution, pecuniary penalty or direct force.
(2) Basing itself upon external legal acts and having regard
to considerations of usefulness (Section 66), an enforcement
authority shall select compulsory execution measures and change
these until the goal is attained.
Section 369. Substitute Execution
Directed at an Addressee
(1) If an administrative act imposes an obligation on the
addressee to perform a specific action which may practically and
legally also be performed by an enforcement authority, another
body governed by public law, or private person, such
administrative act may be performed by means of a substitute
execution. In such case, the enforcement authority shall perform
such action itself or also assign its performance to another body
governed by public law or private person.
(2) Costs of substitute execution shall be imposed on the
addressee. If the addressee executes an activity imposed by an
administrative act prior to completion of the substitute
execution, the costs of the commenced substitute execution shall
be imposed on the addressee.
(3) In selecting the manner of substitute execution and
specific form thereof, an institution shall base itself upon
external legal acts and, having regard to considerations of
usefulness (Section 66), shall select the manner which is the
most efficient and at the same time will least infringe the
interests of the addressee, and the specific form thereof as will
incur the lowest costs.
[15 January 2004; 2 February 2017]
Section 370. Pecuniary Penalty
Imposed on an Addressee
(1) If an administrative act imposes an obligation on the
addressee to perform a specific action or refrain from a specific
action and he or she fails to fulfil this obligation, a pecuniary
penalty may be imposed on the addressee.
(2) A pecuniary penalty may be imposed repeatedly until the
addressee performs or ceases the relevant action. A repeated
pecuniary penalty may be imposed not earlier than seven days
after the previous occasion if within these seven days the
addressee still has not performed or ceased the relevant
action.
(3) The minimum pecuniary penalty for a natural person shall
be EUR 50, but for a legal person - EUR 100, the maximum
pecuniary penalty for a natural person shall be EUR 5000, but for
a legal person - EUR 10 000. In determining the amount of the
pecuniary penalty, an enforcement authority shall respect the
principle of proportionality (Section 13) as well as the
financial situation of the addressee.
(4) A pecuniary penalty shall be imposed by an enforcement
order of an enforcement authority. The following shall be
included in the enforcement order:
1) the name of the enforcement authority which has issued the
enforcement order regarding the pecuniary penalty;
2) an indication as to which administrative act is to be
executed;
3) an indication of the giving of a warning;
4) the date when the administrative act to be executed came
into effect;
5) the date when the warning came into effect;
6) the date when the administrative act may no longer be
contested or when operation thereof has been renewed, or an
indication of a legal provision according to which the execution
of the administrative act is permissible before it may no longer
be contested;
7) an indication that to date the administrative act has not
been executed voluntarily;
8) the amount of the pecuniary penalty;
9) an indication as to where the pecuniary penalty is to be
paid in;
10) the place and date of issue of the enforcement order for
the pecuniary penalty and the signature of the official.
(5) The provisions specified in Section 70 of this Law
regarding the coming into effect of an administrative act shall
apply to enforcement order for the pecuniary penalty.
(6) A complaint about an enforcement order for the pecuniary
penalty may be submitted in accordance with the procedures laid
down in Section 363 of this Law in order to request to reduce the
amount of the pecuniary penalty or if the administrative act has
already been executed voluntarily. If a higher institution or a
court finds that the amount of the pecuniary penalty is not
proportionate, it shall determine the amount of the pecuniary
penalty.
(7) An enforcement order for the pecuniary penalty shall be
executed on a compulsory basis in conformity with the same
provisions as are applicable to compulsory execution of an
administrative act directed at a monetary payment (Sections 366
and 367).
[26 October 2006; 18 December 2008; 1 November 2012; 19
September 2013; 2 February 2017; 11 November 2021]
Section 371. Preconditions for the
Application of Direct Force
(1) If an administrative act imposes an obligation on the
addressee to perform a specific action or refrain from a specific
action, and he or she does not fulfil such obligation, it may be
performed by applying direct force.
(2) Direct force may be applied by an enforcement authority
itself or it may assign the performing of it to the police. In
cases provided for by laws and regulations, an enforcement
authority may also assign the application of direct force to
another authority. In such case, the police or the relevant
authority shall, within the limits of their competence, act as an
ancillary enforcement authority subjecting itself to the order of
the enforcement authority.
Section 372. Forms of the
Application of Direct Force
(1) The application of direct force includes:
1) the application of physical force;
2) the use of special devices (handcuffs, police dogs,
etc.);
3) the use of weapons (in particular, firearms).
(2) An enforcement authority may apply physical force within
the limits set by the relevant legal act.
(3) An enforcement authority and an ancillary enforcement
authority may use special devices only if such rights have been
granted to it by another legal act and only within the limits set
by the relevant legal act.
(4) An enforcement authority and an ancillary enforcement
authority may use weapons only if such rights have been granted
to them by another law and only within the limits set by the
relevant law.
Section 373. Considerations of
Usefulness Regarding the Application of Direct Force
(1) In selecting the general form of direct force and the
specific form thereof, an institution shall base itself on the
relevant considerations of usefulness (Section 66) and select the
most efficient manner and the specific form thereof which poses
the least potential threat to the interests of other private
persons and the public and at the same time least infringes upon
the interests of a private person against whom the direct force
is applied, in particular, least endangers his or her life,
health, and property.
(2) Potential losses which may be caused to a private person
against whom direct force is applied and also to another private
person may not be manifestly disproportionate to the benefit of
the public obtained from the compulsory execution of the
administrative act.
(3) Application of direct force that poses a direct threat to
the life of the private person against whom compulsory execution
is directed shall only be allowed for the purpose of saving the
life of another person.
[15 January 2004; 18 December 2008]
Section 374. Right to Compensation
in Relation to Compulsory Execution
If, as a result of compulsory execution of an administrative
act, a private person other than the one against whom the
compulsory execution is directed suffers, such private person has
the right to compensation in accordance with the provisions of
Chapter 8 of this Law, irrespective of the fact whether the
compulsory execution was lawful or unlawful.
[15 January 2004]
Division Nine
Enforcement of a Court Ruling
Chapter 43
General Provisions for the Enforcement of a Court Ruling
Section 375. Obligation of an
Institution to Enforce a Court Ruling
(1) It is the obligation of an institution to properly and in
good time enforce a judgment or another decision (ruling)
directed against it, rendered or taken by a court in an
administrative case.
(2) The institution shall notify the applicant of the
enforcement of the court judgment.
[2 February 2017]
Section 376. Action of a Court in
Relation to the Enforcement of a Court Ruling
(1) A court shall, upon request of a participant to the
proceedings, issue to him or her a derivative of a judgment with
an endorsement of its entry into effect or a derivative of a
ruling stipulating that it is to be enforced immediately.
(2) A participant to the administrative proceedings may submit
a complaint regarding improper or non-conforming enforcement of a
court ruling, and it shall be examined in the written procedure
by a court which has rendered the ruling.
(3) In deciding a complaint, a court may impose a pecuniary
penalty on the responsible official. The minimum pecuniary
penalty shall be EUR 50 but the maximum pecuniary penalty shall
be EUR 5000. A court decision on the imposition of the pecuniary
penalty shall be taken in accordance with the procedures laid
down in Section 143 of this Law.
(4) A person may ask a court to re-impose the pecuniary
penalty until the head of an institution or another official
enforces or terminates the activity specified in a court ruling.
A repeated pecuniary penalty may be imposed not earlier than
after seven days.
[2 February 2017; 11 November 2021]
Section 377. Institution which
Enforces Court Rulings
[2 February 2017]
Section 377.1 Writ of
Execution
(1) [2 February 2017]
(2) If a court ruling provides for the recovery of monetary
amounts into the State budget, a court shall draw up a writ of
execution and send it to a bailiff after expiry of the term for
voluntary enforcement of the court ruling.
(3) The following shall be indicated in a writ of
execution:
1) the name of the court which has issued the writ of
execution;
2) the case in which the writ of execution has been
issued;
3) the time when the ruling was rendered;
4) the operative part of the ruling;
5) the time when the ruling comes into lawful effect, or an
indication that the ruling shall be enforced immediately;
6) [11 November 2021];
7) the information on a body governed by public law and a
private person (for a natural person - the given name, surname,
personal identity number, and place of residence, but for a legal
person - the name, registration number, and legal address).
(4) A writ of execution shall be signed by a judge.
[1 November 2012; 2 February 2017; 11 November
2021]
Section 378. Preconditions for the
Compulsory Enforcement of a Court Ruling
[2 February 2017]
Section 379. Warning of Compulsory
Enforcement of a Court Ruling
[2 February 2017]
Section 380. Measures for Compulsory
Enforcement of a Court Ruling
[2 February 2017]
Section 381. Substitute Execution
Directed against an Institution
[2 February 2017]
Section 382. Pecuniary Penalty
Imposed on an Official
[2 February 2017]
Section 383. Costs of Compulsory
Enforcement of a Court Ruling
[2 February 2017]
Chapter 44
Ensuring Compulsory Enforcement of Separate Court Rulings
Section 384. Consequences of
Separate Court Judgments
[2 February 2017]
Section 385. Compulsory Enforcement
of a Court Ruling that is Directed at Monetary Payment in Respect
of an Institution
[2 February 2017]
Section 386. Enforcement of a Court
Ruling in Cases where Defendant is a Private Person
A court ruling in cases regarding validity or execution of a
contract governed by public law, if the defendant is a private
person, shall be enforced in accordance with the procedures laid
down in this Law for the enforcement of an administrative
act.
[26 October 2006]
Transitional Provisions
1. The procedures for the coming into force of this Law shall
be determined by a special law.
2. Section 108, Paragraph seven of this Law shall come into
force on 1 January 2007.
[26 October 2006]
3. In cases where the relevant court has specified the day of
a court hearing for pronouncement of a judgment and has not
pronounced the judgment by 1 December 2006, the judgment shall be
pronounced in accordance with the provisions of the
Administrative Procedure Law which were in force on the day when
the relevant court specified the day of the court hearing for the
pronouncement of the judgment.
[26 October 2006]
4. Operation of an administrative act or actual action which,
in accordance with the wording of Section 185 of this Law which
was in force before 1 December 2006, was suspended by the
submission of an application to a court but, in accordance with
the wording of Section 185 of this Law which is in force from 1
December 2006, is not suspended by the submission of an
application to a court shall be renewed from 1 January 2007. It
may be asked to suspend this administrative act or actual action
in accordance with the procedures laid down in the Law.
[26 October 2006]
4.1 If operation of the administrative acts
referred to in Section 185, Paragraph four, Clause 9, 10 or 11 of
this Law is suspended before 1 January 2009 in accordance with
Section 185, Paragraph one of this Law, the operation of the
relevant administrative acts shall be renewed from 1 February
2009. It may be asked to suspend the operation of such
administrative acts in accordance with the procedures laid down
in the Law.
[18 December 2008]
5. The Cabinet shall, by 1 November 2007, draw up and submit
to the Saeima an opinion (evaluation) as to which laws
should preserve or include an indication that contestation or
appeal of an administrative act does not suspend the operation or
execution of the administrative act.
[26 October 2006]
6. For the purpose of easing the burden on courthouses and
ensuring efficient examination of cases, the president of a
District Administrative Court shall divide the cases which are
determined to be examined in the written procedure as well as the
cases the examination of which on the merits has not been
commenced by referring the cases to a courthouse in the territory
of operation of which the address of the applicant is located. In
performing this division, the president of the District
Administrative Court may, upon request of the applicant, refer a
case to another courthouse for examination if this courthouse may
ensure more efficient examination of the case and examination of
the relevant case on the merits has not been commenced.
[18 December 2008]
7. As to the cases which have been initiated regarding the
action of an institution which has manifested itself in the
failure to issue a certificate or the refusal to issue a
certificate as well as in the failure to issue a statement or the
refusal to issue a statement, the Regional Administrative Court
and the Senate of the Supreme Court shall complete examination of
the initiated case. A ruling of the Regional Administrative Court
shall not be subject to appeal in such cases.
[18 December 2008]
8. The obligation to repay the State fee included in Section
126, Paragraph three of this Law shall not be applicable to the
applicants who have been released from the State fee by a court
decision before 1 January 2009.
[18 December 2008]
9. The procedures laid down in Section 48, Paragraph three of
this Law by which a complaint of a person regarding the refusal
of an institution to renew the delayed procedural time limit is
examined, and also the procedures laid down in Section 79,
Paragraph three of this Law by which a complaint regarding the
decision of an institution to refuse to examine a submission on
the contestation due to the delayed procedural time limit is
examined shall not be applicable to the complaints received by a
court before 1 January 2009.
[18 December 2008]
10. The Cabinet shall, by 1 March 2013, issue the regulations
provided for in Section 129.3 of this Law regarding
the procedures for paying, repaying, and reimbursing the State
fee as well as for paying and repaying a security deposit.
[1 November 2012]
11. Section 112.1 of this Law shall not be
applicable to the cases in which an application is submitted to a
court before 1 January 2013.
[1 November 2012]
12. Amendments to Chapter 13 of this Law which provide for a
change in the amount of the State fee for a notice of appeal, a
notice of cross-appeal, a request for temporary protection, and
an application for the re-examination of the case due to newly
discovered circumstances shall not be applicable to the
applications, complaints, and requests submitted before 1 January
2013.
[1 November 2012]
13. Amendments to Section 119, Paragraph two, Section 123,
Paragraph three, Section 129, Section 146, Paragraph two, Section
185.1, Paragraph three, Section 192, Paragraph two,
Section 197, Paragraph two, Section 253, Paragraph seven, Section
260, Section 262, Paragraph four, Section 270, Paragraph four,
Section 276, Paragraph three, Section 296, Paragraph two, Section
310, Paragraph two, Section 312, Paragraph two, Section 315,
Paragraph one, Section 320, Paragraph one, Section 324, Paragraph
one, Section 333, Paragraph one, and Section 383 which stipulate
that the decisions of a court (judge) referred to in these
provisions are not subject to appeal shall not be applicable to
the decisions of a court (judge) which have been taken on the
basis of the relevant legal provisions before 1 January 2013.
[1 November 2012]
14. Amendments to Section 72 of this Law which stipulate that
the refusal of an institution to correct errors referred to in
Section 72, Paragraph one of this Law may not be contested and is
not subject to appeal shall not be applicable to the decisions
taken before 1 January 2013.
[1 November 2012]
15. Amendments to Section 191, Paragraph three, Section 283,
Paragraph two, and also Section 324 which stipulate that an
ancillary complaint may be submitted to the Senate of the Supreme
Court regarding a decision by which court proceedings have been
terminated in a case on the basis of Section 282, Clauses 1 and 2
of this Law, or by which it is refused to accept an application
on the basis of Section 191, Paragraph one, Clauses 1 and 8 of
this Law, shall not be applicable to the decisions taken on the
basis of the relevant legal provisions before 1 January 2013.
[1 November 2012]
16. Amendments to Sections 290, 317, and 331 of this Law that
refer to a court which decides on the admissibility of a
complaint, an action to be taken thereon, and renewal of the
delayed procedural time limit shall not be applicable to the
complaints submitted before 1 January 2013.
[1 November 2012]
17. Amendments to Chapter 13 of this Law which provide for the
payment of a security deposit for an ancillary complaint and a
cassation complaint, exclusion of Section 127, and
supplementation of the Law with Sections 129.1,
129.2, and 129.3, and also amendments to
Sections 320 and 333 of this Law which provide for leaving of an
ancillary complaint and a cassation complaint not proceeded with
if a security deposit has not been paid shall come into force on
1 March 2013.
[1 November 2012]
18. Amendments to Chapter 13 of this Law which provide for the
payment of a security deposit for an ancillary complaint and a
cassation complaint shall not be applicable to the complaints
submitted before 1 March 2013.
[1 November 2012]
19. Until 1 March 2013, the State fee shall be repaid from the
State budget funds on the basis of a decision of a court (judge)
if an application for the repayment thereof has been submitted to
a court within a year from the day when the relevant amount has
been paid into the State budget.
[1 November 2012]
20. The Cabinet shall, by 1 September 2017, issue the
regulations referred to in Section 18, Paragraph four of this
Law. Until the day of coming into force of these regulations but
not later than until 1 September 2017, Cabinet Regulation No. 735
of 24 August 2004, Regulations Regarding the Procedures for
Paying Remuneration and the Amount Thereof for a Representative
of a Natural Person in an Administrative Case which is
Complicated for an Addressee, shall be applicable to the
procedures for paying remuneration and amount thereof for a
representative of a natural person in an administrative case in
an institution, insofar as it is not in conflict with this
Law.
[2 February 2017]
21. Amendments to Section 124 of this Law regarding the new
wording of the Section, and to Section 128, Paragraph one
regarding the new wording of Paragraph one shall not be
applicable to the applications and complaints submitted before 1
March 2017.
[2 February 2017]
22. A court which has commenced examination of an application
for the re-examination of a case due to newly discovered
circumstances before 1 March 2017, shall complete the examination
thereof.
[2 February 2017]
23. When ensuring a possibility for a person who is in a
prison to become acquainted with the materials of an
administrative case, a court or a judge shall take into account
the technical provision of the prison.
[11 November 2021]
24. The Cabinet shall, by 1 October 2022, prepare and submit
draft laws to the Saeima which provide for:
1) deletion of Section 108.2 of this Law;
2) amendments to the law On Judicial Power, determining the
procedures for and extent of publishing the court rulings made in
administrative proceedings in a court, including a case examined
in a closed court hearing.
[11 November 2021]
25. Amendments to the second sentence of Section 21, Paragraph
two of this Law regarding the rights of a court to appoint a
special guardian and Section 21, Paragraphs 2.1 and
2.2 of this Law shall come into force on 1 January
2023. The Cabinet shall, by 31 December 2022, issue the
regulations referred to in Section 21, Paragraph 2.2
of this Law.
[11 November 2021]
26. A court shall not apply Section 112.2 of this
Law until 31 May 2026, except when the conducting of proceedings
in the form of an e-case is possible and useful.
[11 November 2021; 5 October 2023]
The Law shall come into force on 1 February 2004.
[12 June 2003]
The Law has been adopted by the Saeima on 25 October
2001.
President V. Vīķe-Freiberga
Rīga, 14 November 2001
1 The Parliament of the Republic of
Latvia
Translation © 2024 Valsts valodas centrs (State
Language Centre)