Having resolved the issue on jurisdiction, during the sitting of the chairs of departments of the Supreme Court it has been recognized that a legal fact required for establishing the public legal relationship should be determined by the administrative court. This also applies to those legal facts the determination of which is expressly provided for in Section 288, Paragraph two of the Civil Procedure Law.

In the case in question, the chairs of the departments recognized that the decision on the application submitted to the administrative court, in which, together with the request to oblige the State Social Insurance Agency to issue a favorable administrative act on granting of the state social benefit it was asked to establish the applicant's dependency on her deceased spouse.

The case was reviewed at the sitting of the chairs of the departments on the proposal of the Regional Administrative Court.

An application was submitted to the District Administrative Court requesting to establish that the applicant was dependent on the deceased spouse and to oblige the State Social Insurance Agency to issue a favorable administrative act regarding the granting of the state social benefit to the applicant as a surviving spouse of the deceased who was a participant in elimination of consequences of Chernobyl disaster.

When examining the applicant's ancillary complaint about the decision of a judge of the District Administrative Court to deem the application not to be submitted, the Regional Administrative Court concluded that it was essential to resolve the issue on jurisdiction of the application in order to make proper decision on the complaint.

At the meeting of the chairs of the departments of the Supreme Court, it was required to establish whether the determination of a legal fact, which in this case is necessary for the establishment of public legal relationship, but the determination of which is expressly laid down in Section 288 of the Civil Procedure Law, must be made by a court of general jurisdiction or administrative court.

During the sitting of the chairs of the departments it was recognized that, according to the case-law of the Supreme Court, the determination of the legal fact required for establishing public legal relationship is carried out by the administrative court. The condition that Section 288, Paragraph two, Clause 2 of the Civil Procedure Law provides that determination of a fact of dependency is included in the jurisdiction of the court of general jurisdiction, is not decisive.

In accordance with Section 50, Paragraph five of the Law "On Judicial Power", the Chief Justice of the Supreme Court convenes meetings of the Chairs of Departments of the Supreme Court, during which the issue on jurisdiction of a case, submitted by a judge or court, is to be resolved. The Chief Justice of the Supreme Court participates in these meetings with the right to vote, as well as chairs them.

Decision adopted in the session of chairs of departments

 

Information prepared by

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

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 28652211