Security deposit

The print version

Deposit account of the Supreme Court

 

Beneficiary: Latvijas Republikas Augstākā tiesa, Registration Number: 90000068892
Bank: Valsts kase, SWIFT: TRELLV22
Beneficiary account number: LV83 TREL 8280 0100 0000 0
Classification code: F22010010

Data for identification of a person or a case shall be indicated in the payment order: case number (if known), as well as in case of a natural person – name, surname, personal identification number; in case of a legal person – name or registration number. If the payment is made for the benefit of another person, information identifying the relevant person shall be indicated.

ATTENTION! If the security deposit for an ancillary complaint in a civil case is deposited to the wrong account, these are grounds for non-acceptance of the ancillary complaint (Section 445, Paragraph two of the Civil Procedure Law).

 

Security deposit in civil cases

Filing a cassation complaint in civil case to the Department of Civil Cases

 

(Section 458 of the Civil Procedure Law)

EUR 300 

Submitting an application for initiating a case in connection with newly-discovered circumstances

 

(Section 478, Paragraph seven of the Civil Procedure Law)

EUR 300 

Submitting an ancillary complaint to the Department of Civil Cases regarding the decision of a regional court or a district court in the case of the recognition of the decision of the meeting of members (shareholders) of capital companies as invalid

(Section 441, Paragraph one, Section 4441, Paragraph one, Section 449, Paragraph two and three, Section 641, Paragraph one, Section 25039, Paragraph one of the Civil Procedure Law)

EUR 70 

 

Security deposit in administrative cases

Filing a cassation complaint or counterclaim in administrative case to the Department of Administrative Cases

 

(Section 124, Paragraph four of the Administrative Procedure Law)

EUR 70 

Filing an ancillary complaint to the Department of Administrative Cases

 

(Section 124, Paragraph three of the Administrative Procedure Law)

EUR 15 

Submitting a request for temporary protection to the Department of Administrative Cases

(Section 124, Paragraphs three, five and six of the Administrative Procedure Law)

EUR 15 

Submitting an application for initiating a case in connection with newly-discovered circumstances

 

(Section 124, Paragraphs three, five and six of the Administrative Procedure Law)

EUR 15 

 

Exemption from payment of the security deposit

In civil cases, persons who in accordance with the law are released from State fees need not pay the security deposit. The Court, taking into account the financial circumstances of a natural person, may fully or partially release the person from the payment of a security deposit.

In administrative cases, the security deposit shall not be paid:

  • by persons, who are exempt from paying the state fee in accordance with the law;
  • when filing an ancillary complaint upon decision of a court (a judge) to refuse to release an individual from payment of a state fee;
  • When submitting an application about joining the cassation complaint.

The Court, taking into account financial situation of a person, may exempt a natural person from security deposit payment fully or partly. In making the decision, a senator shall take into account whether other applications, complaints and requests of the last three years submitted by a person to the administrative court, have been repeatedly refused to accept, to consider, have been left without consideration or rejected.

 

Refund of the security deposit

In civil cases the security deposit is refunded if:

  • the Department of Civil Cases fully or partly annuls or amends court judgement appealed;
  • the cassation complaint is revoked prior to assignment sitting of the department.

For submitting an application for initiating a case in connection with newly-discovered circumstances, the security deposit shall be refunded if:

  • the contested decision is fully or partly annulled;
  • the application is revoked prior to its examination;
  • the Court refuses to accept an application, because it does not have attached a document, which certifies the authorization of the representative to apply to the court with an application, or security deposit is no paid in the full amount or in accordance with the procedures laid down in law.

The security deposit is refunded regarding an ancillary complaint if:

  • the contested decision is fully or partly annulled or amended

If the Department of Civil Cases has acknowledged in its ruling that the security deposit is refundable and it has been deposited in the deposit account of the Supreme Court, the party to the proceedings shall apply to the Supreme Court for a refund of the security deposit.

Application form for refund of the security deposit

 

In administrative cases the security deposit is refunded in full if:

  • the Department of Administrative Cases in whole or in part satisfies the submitted request for temporary protection or complaint (appealed court decision in whole or in part is repealed or amended) or establishes newly discovered circumstances and refers case to re-adjudication in whole or in part;
  • a cassation complaint, an ancillary complaint, a request for temporary protection or an application in connection with newly discovered circumstances is rejected (or is left without consideration), as it is presented by the person to whom the court has set capacity restrictions that do not allow such person to independently implement administrative procedural rights and obligations;
  • an ancillary complaint is deemed not to be submitted, if it is refused to initiate cassation proceedings, if cassation proceedings or proceedings related to ancillary complaint have been terminated due to fact that complaint is submitted about unappealable ruling, taking into account the erroneous appeal procedure stated in the ruling;
  • proceedings in the case are terminated, due to termination of legal dispute (Section 282 (7) of the Administrative Procedure Law)

Security deposit shall be refunded in full to the defendant or a third party if the applicant withdraws the application.

50% of the security deposit is refunded:

  • if a complaint or a request for temporary protection or an application in connection with newly discovered circumstances is withdrawn before the end of the adjudication of case on the merits.

On the basis of person’s application and without the decision of a senator the security deposit (as well as the State fee) shall be refunded, if it is paid for the activities for which it has not to be paid, or the sum paid exceeds the sum to be paid as provided by the law.

For more information, see: Cabinet Regulation No 85 of 12 February 2013 “Procedures for the Payment, Repayment and Reimbursement of a State Fee in an Administrative Case and the Deposit and Repayment of a Security Deposit”

If the Department of Administrative Cases has acknowledged in its ruling that the security deposit is refundable and it has been deposited in the deposit account of the Supreme Court, the party to the proceedings shall apply to the Supreme Court for a refund of the security deposit.

Application form for refund of the security deposit