As from the 1st of March, security deposit in amount of LVL 50 shall be paid, when filing a cassation complaint in an administrative case and security deposit in amount of LVL 10 shall be paid, when filing an ancillary complaint.

However, state fee in amount of LVL 10 shall be paid for request on temporary protection (Section 185 and 195 of the Administrative Procedure Law) and for application on new review of a case due to newly discovered circumstances.

It has been provided by Amendments to the Administrative Procedure Law adopted by the Saeima (the Parliament) on the 1st of November, 2012, which became effective as from the 1st of January, 2013, but, according to transitional provisions, amendments to the Section 124 of the law upon security deposit for filing of a cassation complaint and ancillary complaint shall be applied as from the 1st of March.  

The Section 125 of the Administrative Procedure Law provides that the security deposit is paid back fully, if the Senate cancels or amends court ruling or judgement appealed fully or partly.

The security deposit is paid back in the amount of 50 per cent, if a judge refuses to accept an ancillary complaint or considers it to be not submitted; if a judge refuses to accept cassation complaint or considers it to be not submitted; if a panel of senators refuses to initiate proceedings related to ancillary complaint; if a panel of senators refuses to initiate cassation proceedings.

Security deposit is paid back in amount of 75 per cent, if a cassation complaint or ancillary complaint is revoked before review of that on the merits is terminated (in written proceedings – until the day, when participants of administrative procedure are entitled to submit additional explanations, other applications or requests and evidences).

If a cassation complaint or ancillary complaint is rejected, security deposit is not paid back.

Pursuant to the Section 1292 of the Administrative Procedure Law, persons, who are exempt from paying the state fee in accordance with the law or a decision taken by the court or a judge, are not required to pay the security deposit; the security deposit shall not be paid, when filing an ancillary complaint upon decision of a court (a judge) to refuse to release an individual from payment of a state fee, as well.  

When submitting an application about joining the cassation complaint, the security deposit shall not be paid.

A court (a judge), taking into account property situation of a person, may exempt an individual from security deposit payment fully or partly.

System of state fees was improved to implement principle that addressing higher court instance is “more expensive”. When adopting amendments to the law, the Saeima indicated that previously the amount of compulsory costs of a court hadn’t fulfilled barrier function necessary, and the situation occurred that individuals filed insubstantial complaints to retard time.   

 

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211