On Tuesday, January 28, a general meeting of senators of the Department of Civil Cases of the Senate provided an explanation regarding the state fee payable for submitting a claim to terminate joint ownership. The general meeting was convened by Chief Justice Ivars Bickovics on the basis of Section 491 (1) of the Law “On Judicial Power” and taking into account the suggestion of the Chair of the Collegium of Civil Cases of Zemgale Regional Court.

The general meeting of senators of the Department of Civil Cases of the Senate found that judges of first and second instance courts have different approaches to the issue of the state fee application for submitting a claim for termination of joint ownership. There are three different approaches: to set the state fee at 70 euros as for financial claim which does not have to be assessed, to set the state fee at the value of the entire property, or to set the state fee at the value of the defendant's part of joint ownership.

The general meeting of the Department of Civil Cases of the Senate concluded that such diverse approaches adversely affect individuals' right of access to justice. In order to ensure a common understanding of requirements regarding the state fee for the termination of joint ownership in accordance with the law, the general meeting of senators of the Department of Civil Cases of the Senate decided to provide an interpretation of the disputed legal norms.

Senators in the department concluded that a state fee of 70 euros has to be set for submitting a claim for termination of joint ownership, as this is a case in which a financial claim does not need to be assessed. At the same time, the general meeting drew attention to the fact that, although the fee is currently chargeable under Section 34, Paragraph one, Clause 4 of the Civil Procedure Law, such a fee does not achieve the purpose of the state fee, namely, to facilitate dispute resolution through court settlement. Consideration should be given to whether there is grounds for introduction of a clear and appropriate state fee for submitting a claim for termination of joint ownership in the Civil Procedure Law in order to achieve this objective.

The decision of the general meeting of senators of the Department of Civil Cases of the Senate, pursuant to Section 491, Paragraph three of the Law "On Judicial Power", is published on the Senate’s website at.gov.lv (available here in Latvian).

 

Information prepared by Reinis Odins, Legal research counsel to the Department of Civil Cases of the Senate

Telephone: +371 67020713; e-mail: Reinis.Odins@at.gov.lv