The Department of Administrative Cases of the Supreme Court has summarised conclusions of the cassation instance regarding application of the Declaration of the Place of Residence Law. Compilation includes conclusions comprised in rulings of the Supreme Court, and conclusions comprised in judgements of the Administrative regional court in cases, in which the Supreme Court refused to initiate cassation proceedings, grounding on the fact that it had no doubts regarding lawfulness of the judgement appealed, and case reviewed has no importance in development of case-law. The compilation comprises conclusions of the court made in rulings adopted between 1 February 2004 and 31 May 2015. 

In cases reviewed in the Supreme Court, the Declaration of the Place of Residence Law is mainly applied in relation to annulment of information on declaration of place of residence. However, for better clearance, conclusions comprised in court rulings are grouped in more detailed manner, dividing theses related to purpose of declaration of place of residence, connection of the fact of declaration of the place of residence with civil law relations placed as a ground of this fact, and concept of the place of residence. Separate chapter is dedicated to grounds of annulment of information on declared place of residence, issues on procedural law, and conclusions expressed in relation to declaration of the place of residence in other categories of cases, for example, in field of social law and tax law.

The compilation comprises main conclusions following from reviewed case-law.

Case-law of the Department of Administrative Cases is summarised by Inga Bertaite, the scientific adviser of the department.  

Compilation of case-law of the Department of Administrative Cases in cases on declaration of the place of residence is available on the web site of the Supreme Court www.at.gov.lvin section Judicature/ Compilations of court decisions/ Administrative law. See here.

 

 

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