Security Deposits

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SECURITY DEPOSIT IN CIVIL CASES

When filing a cassation complaint in civil case security deposit in amount of EUR 300.00 shall be paid (Section 458 of the Civil Procedure Law).  

When submitting an application for initiating a case due to newly-discovered circumstances security deposit in amount of EUR 300.00 shall be paid (Section 478 of the Civil Procedure Law).

When appealing against the decision by the regional court or against decision of Zemgale District Court in a case regarding the invalidation of a decision of the meeting of members (shareholders) of capital company, security deposit in amount of EUR 70 shall be paid (Section 443, Paragraph one, Section 449, Paragraph four, Section 4411, Paragraph one, Section 25039, Paragraph one of the Civil Procedure Law).

Persons who in accordance with the law are released from State fees need not pay the security deposit. A court or judge, taking into account the financial circumstances of a natural person, may fully or partially release the person from the payment of a security deposit.

Security deposit for a cassation complaint or for ancillary complaint or for application for initiating a case due to newly-discovered circumstances shall be paid to:

Deposit account of the Supreme Court

Beneficiary: Latvijas Republikas Augstākā tiesa, Registration Number: 90000068892
Bank: Valsts kase, SWIFT: TRELLV22
Beneficiary account number: LV83 TREL 8280 0100 0000 0
Classification code: F22010010

Purpose of the payment: The data for identifying the person or case shall be indicated: the case number (if known), as well as name, surname, personal identity number of a natural person; in case of a legal entity - the name and registration number). If the payment is made in favor of another person, the identification information of the person in whose favor the payment is made shall be indicated.

Security deposit shall be refunded if:

  • the Department of Civil Cases of the Supreme Court fully or partly cancels or amends court judgement appealed;
  • a cassation complaint is withdrawn before the assignment sitting of the Department takes place.

For submitting an application for initiating a case due to newly-discovered circumstances, the security deposit shall be refunded if:

  • the contested decision is fully or partly cancelled;
  • the application is revoked prior to its examination;
  • court refuses to accept an application, because it does not have attached a document, which certifies the authorization of the representative to apply to the

The security deposit for an ancillary complaint shall be refunded if:

  • the appealed decision is totally or partially revoked or amended.

Application for security deposit refund

 

SECURITY DEPOSIT IN ADMINISTRATIVE CASES

When filing a cassation complaint in administrative case security deposit in amount of EUR 70 shall be paid (Section 124, Paragraph Four of the Administrative Procedure Law).

Security deposit in amount of EUR 15 shall be paid, when filing a request for temporary protection or application on newly discovered circumstances (Section 124, Paragraph Three, Five and Six of the Administrative Procedure Law)

Security deposit for a cassation complaint, for an ancillary complaint, filing request of temporary protection and for filing an application on re-adjudication of a case due to newly discovered circumstances in an administrative case shall be paid to:

Deposit account of the Supreme Court:
Beneficiary: Latvijas Republikas Augstākā tiesa, Registration Number: 90000068892
Bank: Valsts kase, SWIFT: TRELLV22
Beneficiary account number: LV83 TREL 8280 0100 0000 0
Classification code: F22010010

Security deposit shall be refunded in full if:

  • Department of Administrative Cases in whole or in part satisfies the submitted request for temporary protection or complaint (appealed court decision in whole or in part is repealed or amended) or establishes newly discovered circumstances and refers case to re-adjudication in whole or in part;
  • Cassation complaint, ancillary complaint, a request for temporary protection or an application in connection with newly discovered circumstances is rejected (or is not reviewed), as it is presented by the person to whom the court has set capacity restrictions that do not allow such person to independently implement administratively procedural rights and obligations;
  • Ancillary complaint is deemed not to be submitted, if it is refused to initiate cassation proceedings, if cassation proceedings or proceedings related to ancillary complaint have been terminated due to fact that complaint is submitted about unappealable ruling, taking into account the wrong appeal procedure stated in the ruling.
  • Proceedings in the case are terminated, due to end of the legal dispute (the Section 282 (7) of the Administrative Procedure Law).

Security deposit shall be refunded in full to the defendant or a third party if the applicant withdraws the application.

50% of the security deposit is refunded if a complaint or a request for temporary protection or an application in connection with newly discovered circumstances is withdrawn before the end of the adjudication of case on its merits.

On the basis of person’s application and without the decision of a judge the security deposit shall be refunded, if it is paid for the activities for which it has not to be paid, or the sum paid exceeds the sum to be paid as provided by the law.

Application for security deposit refund

The security deposit shall not be paid:

  • By persons, who are exempt from paying the state fee in accordance with the law;
  • When filing an ancillary complaint upon decision of a court (a judge) to refuse to release an individual from payment of a state fee;
  • When submitting an application about joining the cassation complaint.

A court (a judge), taking into account property situation of a person, may exempt an individual from security deposit payment fully or partly. In making the decision, the judge shall take into account whether other applications, complaints and requests of the last three years submitted by a person to the administrative court, have been repeatedly refused to accept, to consider, have been left without consideration or rejected.

See more: Regulations of the Cabinet of Ministers No 85, of the 12th of February, 2013, “Procedure of Payment, Refund and Compensation of State Fee and Payment and Refund of Security Deposit in an Administrative Case”