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About events

19 August, 2009

The data base of the case-law of the Supreme Court is available for public reading in judicial portal

In the future any interested person will be able to get acquainted with the data base of the case-law of the Supreme Court in the judicial portal of the Ministry of Justice www.tiesas.lv. Previously it was available to public only in the home page of the Supreme Court, but to judges and employees of the Supreme Court – in Judicial information system. Also in the future the Division of Case-law will prepare juridically the most significant and interesting decisions of the Senate to be published in the home page of the Supreme Court www.at.gov.lv and they will be available in the section Court information/Court decisions, dividend by the Departments of the Senate and years, when they had been made, starting from year 2002. In its turn, the data base of the case-law in judicial portal has broader possibilities of searching: there is possibility to filter decisions by types of cases, by sections and subsections of law and by law principles. At present, in the data base of the case-law of the Senate there have been placed 667 decisions: 178 decisions of the Department of Civil Cases, 240 decisions of the Department of Criminal Cases and 249 decisions of the Department of Administrative Cases of the Senate. The Head of the Division of the Case-law Zigrida Mita marks that main criterion of selection of decisions is juridical interest that has been raised by the decision, and its usefulness in creation of the case-law. There have been selected decisions that replenish the case-law, reflect the tendency of understanding of law, position of the Senate in evaluation of facts and application of law. In the data base there have been placed decisions, which have been dedicated to some general law principle, interpretation of law standard, methodology of filling of law gap, and further creation of law. However, decisions of the Senate, which change constant case-law or solve point of contention of general nature, are also to be published.
12 August, 2009

The first written proceedings in reviewing of case in Chamber of Criminal Cases has been postponed

It was planned to review case in written proceedings in the chamber of Criminal Cases of the Supreme Court for the first time. However, the accused party, who asks to lessen punishment condemned to him, doesn’t agree with review of case in written proceedings, so reviewing of case has been postponed and filer of the claim of appeal possibly, will have to wait for oral proceedings for several months. Amendments in Criminal Procedure Law that were accepted on March 19, 2009 and that have come into force since July 1, 2009, provide review of case in the Court of Appeal not only in oral, but also in written proceedings. The judge of the Chamber of Criminal Cases Janis Tiltins, who is reporter in the first case postponed, concedes that it will not be possible to use written proceedings in review of cases often, as submitters of claims want case to be reviewed de novo in oral proceedings and so that they have possibility to participate and give explanations orally. Amendments in Part 4 of Paragraph 559 of Criminal Procedure Law provide that it is possible to review criminal case in the Court of Appeal, if in the claim or protest of appeal it has been asked only to lessen punishment condemned, or in the claim or protest there is indication to circumstances, due to which the sentence of the court of the first instance must be cancelled anyway, and if prosecutor or person, whose interests or rights have been touched by claim or protest, doesn’t object against it.
1 August, 2009

jauns

Deviation of one party from the contract doesn’t release the other party, that hasn’t fulfilled the terms of the contract, from the fulfilment of obligations upon the contract and doesn’t interrupt legal relationship of parties, in relation with which the contract of the Court of Arbitration has been signed, think judges of the Supreme Court. Such decision was made in a general meeting off judges of the Department of Civil Cases of the Senate and Chamber of Civil Cases on July 2. It is possible to get acquainted with this ruling in the home page of the Supreme Court www.at.gov.lv in chapter „Court information”. During last period of time the question about power of the contract of Court of Arbitration became more topical, because in contracts of credit of banks and other institutions that offer financial services, with borrowers it has been often included term on rights of the creditor to deviate from the contract in unilateral way, it is, to break the contract in cases, when borrowers break their obligations on the return of the loan in terms, established by parties. While reviewing applications from creditors about issue of writing of execution for execution of verdicts of Courts of Arbitration, in which claims about levy of all amount of the debt have been discharged, in cases, when creditor deviates from the contract in unilateral way, there are situations that judges decline issue of the writing of execution, on the basis of conclusion, that at the same time with unilateral deviation of creditor from the contract of credit, operation of contract of Court of Arbitration also comes to an end.