29th of May, 2009
The Saeima on May 28 took the decision to dismiss Valda Eilande and Ruta Zake from their positions of judges of the Supreme Court. The senator of the Department of Civil Cases of the Senate Ruta Zake finishes her work in the Supreme Court as from June 1, but the senator of the Department of Criminal Cases of the Senate Valda Eilande – as from July 1. Both senators go to retire because of their own wish.
27th of May, 2009
Having discussed court practice in cases on frauds, in order to provide uniformity of application of law standards, general meeting of judges of the Department of Criminal Cases of the Senate and Chamber of Criminal Cases of the Supreme Court, managed by the Chief Justice of the Supreme Court on May 22, 2009, made decision, in which it has expressed its opinion in questions of interpretation and application of law standards.
During last years number of cases on frauds increases, inter alia, on swindle of immovable property, there is no uniformity in interpretation and application of law standards, so it was topical to make such a research.
The fraud is acquisition of strange property or rights for such property, in a way of malpractice or deceit. In decision of the general meeting it has been mentioned that qualification of a crime hasn’t been influenced by the fact, if the fraud has been realised by malpracticing or deceiting the person, or by existence of both features.
In the decision there has been expressed opinion related to basic composition and qualification features of a crime. If the guilty party commited two or more frauds, and each of them contains all features of composition of a crime, provided in appropriate parts of the Paragraph 177 of Criminal Law (CL), then crime has been qualified by the graviest part of the Paragraph 177 of CL. It is possible to qualify by qualifying feature provided in Part 3 of Paragraph 177 of CL, it is, great volume, only if at least one of these crimes has been qualified by this part of the paragraph.
20th of May, 2009
Judicial statistical data show that in courts of common jurisdiction, also in the Department of Civil Cases of the Senate of the Supreme Court, there arises number of disputes concerning issue of writs of execution upon judgements of court of arbitration. The Division of Case-law in co-operation with the Department of Civil Cases of the Senate has analysed court practice in cases on issue of writs of execution for forced execution of judgements of the court of arbitration.
In the collection there have been analysed rulings of the Department of Civil Cases of the Senate in cases that had been reviewed in process of cassation according to Paragraph 485 of Civil Procedure Law, it is, upon protests submitted by Chief Justice of the Supreme Court, the Chair of the Department of Civil Cases of the Senate or Public Prosecutor. From the beginning of 2006 until July 2008 the Senate has reviewed 36 such cases.
In some rulings the Senate stated procedural breeches in acceptance of applications on forced execution of judgement of the constant court of arbitration – not all documents were attached to the application. The Senate turns attention to the fact that application to district (city) court on issue of writ of execution for forced execution of the judgement of the court of arbitration must be submitted to the court at the place of living or place of residence of debtor.
13th of May, 2009
The Supreme Court doesn’t agree with opinion expressed after publication of statement of revision of Government Control in mass-media that in last year financing, given of means of government budget, were spent insufficiently. The Chief Justice of the Supreme Court, Ivars Bickovics informed journalists on that at the press-briefing on Tuesday, on May 12.
The Chief Justice of the Supreme Court turned attention of media on two essential points. Firstly, revision of Government Control was made for year 2008, when economic situation in the state was different from the present situation, and the Supreme Court acted according to laws that were in force last year. Secondly, in the report of revision of Government Control there are stated several imperfections, but none of them were considered by Government Control as of high priority.
Among imperfections, elimination of which Government Control has stated as of medium priority, is provision of such contributions and compensations to judges and employees of the Supreme Court, that on the basis of the Labour Law and Law „On Judicial Power” are stated in regulations of the Supreme Court.
8th of May, 2009
Today, with lesson, conducted for Form 12 of Kegums Commercial Secondary School by the Chair of the Department of Administrative Cases of the Senate Veronika Krumina, one of the events dedicated to 5-years anniversary of administrative courts – lessons of law for Latvian pupils, has been ended.
„On behalf of pupils and teachers we express our gratitude for excellently organised lesson of law and excursion! This is really valuable work in educating the youth that destroys wrong stereotypes about courts. Director of Correspondence Secondary School of Jelgava district I. Sermuksle”, „Thank you very much for the excursion in the Supreme Court! We felt ourselves as awaited guests! We wish you success in further work! On behalf of pupils and teachers, deputy director of Aizupe Basic School Dita Mauraga”, - these are only several of testimonials of schools.
30 schools from all the Latvia submitted applications for lessons in the Supreme Court. In March and April 722 pupils and teachers took participation in lessons, conducted by senators. During these lessons broader understanding about rights in Latvia, the court system, procedure of legal proceedings, profession of judge has been received. Pupils were interested to hear all that from the primary source – judge in vestment in the court room. This was also the reason why these lessons were conducted in the real court room, not in classrooms of schools, so that pupils would additionaly feel the environment and atmosphere of the court.
7th of May, 2009
The Chair of the Chamber of Civil Cases of the Supreme Court Gunars Aigars came back from the forum of commercial judges of member states of the European Union with conclusion that in Latvia, as in a small country, judges have advantage or possibility to create such respectable institution of judicial self-government as national Conference of judges. In big countries, where number of judges reaches several thousands, there is no such possibility.
The independence of courts and judges was the main topic of discussion in running, fifth European forum of commercial judges that took place in Dublin, Ireland, on April 30 and May 1, and to which judges of civil cases of all member states of the European Union had been invited.
The judge of the High Court of England and Wales Burton told about old traditions of England in forming judicial independence and ethics, then followed the discussion, in which participants of the forum gave the benefit of experience of their countries in provision of independence of courts. Gunars Aigars informed on institutions of self-government of Latvian judges – the Conference of judges, Qualification Committee Disciplinary Committee and Committee of Judicial ethics, and colleagues from other states of Europe admitted that to Latvian judges there have been given powerful tools of self-government, it means provision of independence.