Zigmants Gencs, the Chair of the Department of Civil Cases of the Senate in his report on work of department in 2011, pointed out that the department received more cases with claims of cassation that it was previous year; however, number of cassation protests submitted due significant violations of material and procedural laws and regulations is less for 120. The Chair explains significant decrease of number of protests with the fact that applications are reviewed thoroughly and motivated answers are given to avoid repeated claims. For example, if a bank had written 20-30 applications previously, then, having received grounded and motivated answer to one of these applications, the bank does not write applications in similar issues anymore.  

Number of cases pending increased for 327 cases. The chair of the department explains it by the fact that therewere less refusals to initiate cassation proceedings in assignments sittings (45% in 2011 and 54% in 2010). Priority was to review “old” cases, as they, being transferred to the Senate for review in hearing, after cassation proceedings were initiated in assignments sitings, “waited in line”, but long time – 7-8 months until assignment sitting takes place, is a problem.

Special attention is drawn to quality of rulings. General meetings of senators of the department on problems of interpretation and applications of legislations take place regularly, trend not tu hurry and delay announcement of judgment for 14 days, as well as to transfer cases for review in extended composition of the Senate is observed. 28 cases were reviewed in extended composition in 2011 (in 2010 – 19 cases). The Chair of the Department stressed that it has been done to form joint opinion of senators and thus – more stable case law.

Z.Gencs appreciated amendments to Civil Procedure Law establishing review of ancillary complaints in written proceedings as well as amendments adompted on the 15th of March allowing reviewing civil cases in written proceedings in the Senate, and composing decision of assignment sitting in form of resolution as it already exists in criminal cases. However, Z.Gencs questions on gains from amendments to Civil Procedure Law stating that small claims are reviewed in two instances only – in the first and cassation instance, passing over appellate instance. In opinion of the Chair of the Department, it would be more correct if judgments would be appealed not in the Senate, but in appellate court, which might eliminate mistakes made by court of the first instance, as it can’t be done by cassation instance. At present, only one such case has come to the Senate, probably the security deposit of LVL 300 to be paid for small claims also in cassation instance withholds from appeal.

The Chair of the Department of Civil Cases hopes that finally the issue will be solved, so that the Chief Justice of the Supreme Court and the Chair of the Department of Civil Cases would be released from function of submitting protests, keeping it for Prosecutor General only.

Z.Gencs believes that issue on extending scope of authority of the Senate may be discussed, providing rights not only to alter judgment in its part on amount of claim established wrong by applying material law standards incorrectly, but also to give rights to satisfy or to reject claim in such cases not transferring the case for a new review. However, to improve quality of cassation claims, Z.Gencs proposes to come back to condition that advocates only may submit cassation claims. The reason to exclude such regulation was to provide legal aid to low-income people, but now this issue is solved and law may be revised.

1358 cases were received in the Department of Civil Cases of the Senate in 2011, 1031 cases were reviewed and number of cases pending was 1202 cases by the end of the year.

 

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211