Professor Kalvis Torgans, who unveiled the discussion session “Legal framework for Business Activity: Problems and Solutions” of the 3rd World Congress of Latvian Lawyers, highlighted a number of issues in the field of commercial law that must be addressed in the centenary of the state. At the same time, he noted the positive aspects – progress in this area of ​​law. One of them is the formation of the case-law with the participation of the Supreme Court and the Constitutional Court.

Kalvis Torgans, Associate Professor of the University of Latvia, Ingrida Labucka, Judge at the General Court of the European Union, and Aigars Strupiss, Judge of the Supreme Court, presented the baseline reports.

Judge Strupiss presented the practice of the Department of Civil Cases of the Supreme Court in the prevention of violations of the commercial law. The judge emphasized: fraudulent activities undermine the belief in the fundamental principle of the civil law which provides that the rights should be exercised and duties should be carried out in good faith. The judge spoke about the most pressing issues concerning the field of commercial law and about the judgments and case-law of the Supreme Court on issues such as extrajudicial legal protection, liability of board members, concealment of assets, simulative transactions, role of insolvency administrator. Aigars Strupiss noted that the problem is that certain court practice is formed only when cases containing problematic issues reach the Supreme Court. Many cases could be solved differently, if they would be reviewed according to the Supreme Court's findings.

This idea was also raised by the former Supreme Court judge, currently the Constitutional Court judge Aldis Lavins. It takes 5-7 years until the judgment of the Supreme Court is made from the moment the case is initiated, which is a long period of time both for the business of a particular entrepreneur and for reaching the solution of the issue of commercial law in a broader perspective. The Supreme Court resolves fundamental issues, and the gold fund of its findings form the legal thought, therefore, its more rapid involvement in the solution finding process would result in a more effective outcome. Aldis Lavins mentioned the possible tools by which this could be achieved. Namely, a lower courts could refer preliminary questions to the Supreme Court and the Supreme Court could made a pilot-judgment in a given category of cases.

The 3rd World Congress of Latvian Lawyers takes place on June 18-20 in the framework of the 4th World Congress of Latvian Scientists, and its guiding principle is "The State of Law - the Guarantor of Security". On the third day in the session "Crime and its new manifestations: how prepared we are to fight them", Janis Baumanis, the legal research counsel to the Department of Criminal Cases of the Supreme Court, will present a report “Combating Crime in International Co-operation in the Criminal-legal Field”.

 

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 2865221