Government Control has finished the financial audit about correct preparation of financial statement on the work of the Supreme Court in year 2008 and has come to a conclusion that financial statement in all essential aspects gives clear and true concept on a financial state of the Supreme Court.

Government Control notices that it hasn’t discovered essential non-compliance in the volume of the audit enclosed in parts of the statement. There were separate imperfections stated, but none of them is of high priority.

Among imperfections, elimination of which Government Control has stated as of medium priority, is prevision of such contributions and compensations to judges and employees of the Supreme Court, that are not directly stated neither in the Law „On Judicial Power”, nor in the Law „On labour”, but which are stated by the Supreme Court in its internal regulations.   

The Supreme Court believes that rights of employess, beside wages, extras and bonuses to receive also other remuneration related to work are stated in the Law „On Labour” and there is no reason to think that legislator didn’t want to provide such rights for those, who work in the court.

Also in the law „On Judicial Power” there are stated such cases, when it is mandatory for the state to pay to the judge some extras and bonuses, but it doesn’t arise from the law that any other extras and bonuses cannot be paid to the judge.

The Supreme Court believes that because of judicial certainty it is necessary so that these kinds of salary still would be clearly stated in the law, as it is stated for example, in Law on Government Civil Services. That is why the Supreme Court will turn the attention of legislator to necessarity of improvement of legislative regulation and invites also Government Control to such actions.

It is necessary to notice that, taking into account law „On wages of officials and employees of state and municipal institutions in year 2009” and decreases of financing according to amendments of the law „On State budget for year 2009”, internal regulations on giving  extras and bonuses to judges and employees are not in force in year 2009.  

The second recommendation of medium priority of Government Control, while analysing medium imperfections, stated in a process of audit, is to improve registration of working hours of the Supreme Court, in order to provide registration of hours that judges and employees have worked de facto.   

The Supreme Court will do that, at the same time paying attention to the fact that legal employment relationship with judges have been regulated not by the Labour Law, but by the Law „On Judicial Power” and it doesn’t state duration of working day or week for judges.     

Other recommendations, stated in Audit Report of Government Control of low priority, have been partially fulfilled by the Supreme Court.


 

Information prepared by

Head of the Division of Communications of the Supreme Court Rasma Zvejniece

E-mail: rasma.zvejniece@at.gov.lv, telephone: 7020396, 28652211