Chronological order

27.12.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-253/2007 Invoice issued by an institution for issue of an administrative act is not an actual action of an institution, but term of correspondent administrative act; terms of and administrative act and appealing against them

21.12.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-760/2007  Principle of a “Reasonable Applicant”; claim to assess right to remuneration

20.12.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-715/2007 When deciding on opportunity to suspend action of a decision on imposition of a fine, adopted by the SRS, not only quasi illegitimacy of decision appealed should be assessed, but also considerations resulting from criminal character of such sanction in context of the Article 6 of the European Convention for Protection of Human Rights and Fundamental Freedoms 

14.12.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-679/2007 Ombudsman’s action performed within framework of verification case, is not subjected to control of administrative courts; functions of the Ombudsman as of supervisor of implementation of the state power and essence of those

12.12.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-512/2007 Moral injury caused by a decision of an institution about removal of a child from a family; circumstances to be assessed for compensation of moral injury

03.12.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-539/2007 Observation of prior out-of-court examination; content of an application of contest

08.11.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-431/2007 Reason of compensation of losses caused by an administrative act; responsibility of the State for deductions of pension payments performed by the State Social Insurance Agency; intertemporal application of legal standards in cases about issue of a favourable administrative act

07.11.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-506/2007 On appealing against actual action performed before the Administrative Procedure Law became effective

07.11.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-576/2007 Prisoners’ rights to work and education – scope of the Article 106 and 112 of the RL Constitution; Action of the Prison Administration, not providing opportunity to work and to get secondary education to prisoners, is not an actual action

05.11.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-304/2007 Commencement of administrative procedure anew

25.10.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-414/2007 Concept of a third party in administrative procedure

25.10.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-673/2007 Request on renewal of action of an administrative act may be submitted at any stage of a case, before the court will examine a case on the merits

24.10.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-652/2007 The circumstance that the court, due some reasons, has composed ruling faster than it was announced to participants of proceedings, doesn’t affect the fact that term of appeal against a ruling is calculated from the day, which was announced as a date of adoption of a ruling previously

22.10.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-650/2007 Announcement of documents in address indicated by participants of proceedings; plausible reasons of delay of procedural term; procedure of examination of issue of recommencement of procedural term;

08.10.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-400/2007 Administrative misdemeanour – driving a vehicle, not having a driver’s licence; principle of legal confidence and principle of equality

03.10.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-376/2007 The decision of the State Employment Agency to deprive an individual of status of unemployed due to non-fulfilment of duties of unemployed should be commensurate; obligation of the court of appellate instance to define its attitude towards ruling of a court of the first instance in its ruling

03.10.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-567/2007 If a person has repeatedly submitted an application, acceptance of which was rejected by a court due to the reason that it is not to be reviewed in administrative procedure, then acceptance of such repeated application is rejected on the basis of the Paragraph Four Section 191 of the Administrative Procedure Law  

21.09.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-367/2007 Substantiation of an administrative act – the obligation of the State Revenue Service to indicate in its decision, how total amount of tax debt  has been calculated

31.08.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-355/2007 Admissibility of an evidence – alcometre measurements, if an alcometre doesn’t comply with requirements stated by the Cabinet of Ministers; interpreter in a case on administrative misdemeanour  

31.08.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-369/2007 On regulation about allocation of plot for regular use; on appealing against non-issue of a favourable administrative act and on concept of an actual action of an institution

27.08.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-495/2007 On instruments of temporary protection – temporary regulation and suspension of action of an administrative act, segregation and application of those; on legal character and action of the building licence and decision of putting a building into operation and on temporary protection in cases, in which building licence is appealed against

09.07.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-346/2007 The fact that reputation and honour of an individual are violated by using personal data, is an issue of authority of a court of general jurisdiction rather than that of the Data State Inspectorate; siding of a court of higher instance with argumentation of a ruling of a court of lower instance

29.06.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-339/2007 Refund of pensions deducted prior to judgement of the Constitutional Court of the 19th of March, 2002, to pensioners, on the ground of amendments to the law “On State Pensions”, which became effective on the 1stof January, 2007, is not considered to be  prevention of results of illegal action, but as a political determination of the State to refund part of pension deducted previously

25.06.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-294/2007 An administrative act may be composed of several documents, and substantiation of an act has not to be compulsory included in the same document, which contains operative part of a decision

21.06.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-295/2007 The fact that inimical results of actions caused to an individual by actions of an institution are reflexive and those are eliminated by a court decision, doesn’t exclude individual’s right to compensation of moral injury caused; actions performed in procedure of issue of an administrative act are not assessed as an actual action of an institution; decision upon claim about issue of a favourable administrative act

14.06.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-241/2007 Commensurateness of a fine in tax cases; changing of amount of a fine; interpretation of the Paragraph Six Section 253 of the Administrative Procedure Law and interpretation of the Item 6 Section 16 of the law “On Taxes and Fees”

14.06.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-255/2007 The fact that a decision is adopted by voting, doesn’t release an institution from obligation to make considerations of expediency and to indicate those in a decision; refusal as a negative administrative act

11.06.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-117/2007 Authority of a court of higher instance, when assessing objections expressed in an appellate complaint against decisions of a court of lower instance, which may not be appealed against separately; decision of a court of lower instance to restore procedural term delayed may be re-assessed on the merits in a court of higher instance only if obviously essential violations were admitted, when adopting that

08.06.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-194/2007 Content of right to receive information and to receive responses to applications; integrity of utilisation of human rights

07.06.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-238/2007 Error of an administration may not cause unjust unfavourable results to an individual; principle of justice, principle of legal confidence and principle of good management

23.05.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-251/2007 Essence of privatisation procedure; legal character and control of decision adopted by a municipality on alienation of real property, upon which privatisation proposal was received in a municipality

18.05.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-388/2007 Suspension of action of an administrative act, if a judgement of a court of the first instance was favourable for an applicant; criteria of application of temporary regulation

17.05.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-3/2007 Requirements stated for an individual asking for residence permit in relation to subsistence and notification about place of residence; application of a principle of commensurateness, when issuing and controlling a mandatory administrative act

10.05.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-162/2007 Responsibility of a customs broker for correctness of data indicated in declaration submitted to a customs institution

03.05.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-311/2007 Right to study in doctoral programme and thus – right to ask for a study leave to develop a doctoral thesis is not considered to be human rights guaranteed in the RL Constitution; decision of an institution in relation to granting a study leave for development of a doctoral thesis is an internal decision and it is not reversible in administrative procedure; review of an ancillary complaint in written proceedings

25.04.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-157/2007 Substance of an administrative misdemeanour – ruffianly behaviour; concepts of “uncensored words” and “public place”; legal character of a protocol of administrative misdemeanour

24.04.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-183/2007 Cancellation of an administrative act due to its incommensurateness (violation of a principle of commensurateness); right of the court to amend an administrative act appealed and interpretation of the Paragraph Six Section 253 of the Administrative Procedure Law

12.04.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-118/2007 Authority of a court, when examining a claim about issue of a favourable administrative act; authority of a court in field of social assistance

12.04.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-122/2007 On interpretation of standards of Item 71 and 75 of the regulations of the Cabinet of Ministers “Traffic Rules” (obligation to choose correct driving speed and distance)

27.03.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-90/2007 Statement of identification of goods (on conformity of samples of goods to certain codes of Latvian combined nomenclature (LCN)) provided by initiative of the SRS customs institutions doesn’t contain character of final regulation, so it is not reversible separately in administrative procedure 

14.03.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-84/2007 Regulation about commencement of administrative procedure anew on the ground of an application also refers to cases, when an administrative act issued by an institution legal relations are influenced actively, namely, amount of rights or obligations possessed by an individual already is changed; examination of a claim about issue of  favourable administrative acts

13.03.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-11/2007 On legal character of warning of the CPCB, on action of the state official, when examining an individual’s complaint about  business partner of correspondent official, and about transaction amount in insurance contract relations in concept of the law “On Avoiding Conflict of Interest in Action of State Officials”

09.03.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-61/2007 Substance of an administrative misdemeanour provided in the Section 167 of the Administrative Procedure Law – ruffianly behaviour – and concept of uncensored words in context of ruffianly behaviour

08.03.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-120/2007 Indication on opportunities of appeal/contest included in an administrative act should be written in a way, so that an individual, taking appropriate care, could understand it

08.03.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-89/2007 Application of principle of commensurateness, when issuing a mandatory administrative act

01.03.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-54/2007 So that remuneration would correspond to concept of the Article 92 of the Constitution, it should be an effective means of legal protection; right to compensation for invasion caused by procedural violations within case on administrative misdemeanour, should be assessed simultaneously with control over the final decision

21.02.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-41/2007 Claim about recovery of amount of inflation coefficient (adding of interest and increase to initial claim) is not considered to be a new claim

19.02.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-5/2013 About the authority of the Enterprise Register

05.02.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-103/2007 A doctor, when issuing a sick list, and the head of a medical institution, when annulling sick list issued, act in field of state administration; decision of the head of a medical institution to annul a sick list issued is considered to be an administrative act 

31.01.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-76/2007 If a judge receives an appellate claim signed on behalf of an individualby representative, whose authorization is not executed in accordance with the law, the judge, firstly, has to use opportunities to make sure about true wish of a correspondent individual in relation with submission of a correspondent appellate complaint

29.01.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-64/2007 On presumption that an administrative act was announced (made available) to an addressee and on concept “credible reasons” in understanding of the Paragraph Two Section 70 of the Administrative Procedure Law

26.01.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-78/2007 Relations between Ventspils Free Port and an individual upon rent of port pier are not classical rent relations in concept of the Civil Law, as Ventspils Free Port, fixing a rent charge of the pier, doesn’t act in field of private law

16.01.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-144/2007 On subjective right to request for appointment as a guard; on adoption procedure, if potential adopters are foreigners; on admissibility of restrictions on submission of popular complaints  

05.01.2007. Decision of the Department of Administrative Cases of the Senate, case No SKA-77/2007 Assessing compliance of a filed ancillary complaint submitted with provision that an ancillary complaint should include considerations, how error of decision appealed is expressed, it is not admissible to consider an ancillary complaint to be non-correspondent to the law just because, in opinion of a judge, arguments included in an ancillary complaint are unconformable, inadequate or wrong

04.01.2007. Judgement of the Department of Administrative Cases of the Senate, case No SKA-14/2007 On appealing against refusal to issue a favourable administrative act and claim about issue of a favourable administrative act; on date of establishing of disability and on unclothing for examination at medical commission, which is necessary to establish disability