CHAIRS OF DEPARTMENTS: APPLICATION FOR COMPENSATION FOR THE NATIONALIZED PROPERTY SHALL BE EXAMINED BEFORE ADMINISTRATIVE COURT

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13 March 2017

Chairs of departments during the meeting convened by the Chief Justice of the Supreme Court settled the issue addressed by a judge of the Administrative District Court on jurisdiction of a case.

Administrative District Court received an application asking to impose obligation on Cabinet of Ministers to decide on the payment of compensation for nationalized buildings.

In order to settle the issue on jurisdiction of case, it was necessary to determine the nature of the dispute - whether it belongs to public law or private law, and to establish the legal nature of the adoptable decision on compensation.

In the present case, the heirs of the former owner of nationalized property wanted to retrieve it in a way of denationalization. Denationalization belongs to public law. If it is not possible to retrieve nationalized property in kind, the compensation for the nationalized property also relate to public law. The institution’s decision on granting compensation for nationalized property, which cannot be retrieved in kind, is an administrative act, because it has all the characteristics of an administrative act.

Since it is not possible to return the nationalized property to applicants due to the fact that the State has ownership rights to building in which national cultural object is located, the application in this case refers to issuance of favorable administrative act (the decision of competent authority on payment of compensation).

During the meeting, chairs of the departments decided that due to aforementioned the application shall be subject to examination at the administrative court.

According to the Section 50 (5) of the Law "On Judicial Power", the Chief Justice of the Supreme Court shall convene meetings of chairs of departments, during which the issues submitted by judge or court on jurisdiction of cases are settled. The Chief Justice of the Supreme Court participates in such meetings and manages them, as well as he has right to vote.

Decision adopted during the meeting 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