Interpreting the implementation of the law „On dwelling-house rent” is outside of the competence of Supreme Court
10 April, 2007
During last half-year Supreme Court has been receiving applications from lessors living in denationalized properties, where they ask for Chief Justice’s interpretation of the implementation of the law „On dwelling-house rent” in accordance with judgment of Constitutional Court from 8th of March 2006, that canceled Paragraphs 4, 5, 7, 8 of Transitional rules, that established the maximum of rent in denationalized properties. Head of the Division of Complaints Rolands Krauze has informed that during last week ten of such applications were received.
However interpretation of the implementation of this law is outside of the competence of Chief Justice. That would be even in contradiction with rules of the Part 2 of the Paragraph 11 of the law “On judicial power”, that stipulate that no influence on court adjudication is allowable, no matter for which purpose or under the pretext of what it is made. If Chief Justice would have given such an interpretation, that could be qualified as an attempt to influence courts that will have to hear such suits on defining the amount of rent in case when lessor and lessee haven’t reached the agreement on rent that is to be paid after 1st of January 2007.
Interpretation of implementation of legal rules can be given by General meeting of judges of Supreme Court, but such will be only of a recommendation nature as well. These kinds of interpretations are normally formulated, when judgments of courts of a certain period are being investigated and when the case law is being generalized. Such generalization can be made when courts have a certain experience in hearing concrete cases, and a certain amount of judgments in power related to this issue. Generalization of case law on denationalized houses lessee cases can possibly take place not sooner than in year 2008.
The theoretical possible solution to the problem, if such suits on defining the amount of rent will come to court, was discussed in Department of Civil Cases of Supreme Court so as during the regional and district (city) court judges seminar that took place in December 2006. Judges are appealed to adjudicate disputable cases with consider and comprehension in accordance with the law „On dwelling-house rent” and within limits apply rules of Consumer protection law, that recommends to base the judgement on sense of justice and the general principles of law.
Likewise it is outside of the competence of Supreme Court to consider applications of lessors of denationalized houses, in which there are requests to give direction to repay the loss and for reparation of the moral damage. Chief Justice of Supreme Court has no right to give such directions.
In Division of Complaints of Supreme Court it was noticed that recently these applications coming in large quantities that are addressed to authority of other competence are composed under the same sample and in same style. It can mean that some “underground advocates” or “fake lawyers” are using people ignorance and offer to compose applications that have no legal meaning. Disputes over defining the amount of rent in denationalized houses (if lessor and lessee can’t come to agreement) are to be solved in court in the course of common suit.