Despite amendments to the Civil Procedure Law, which entered into force on 4 January 2014, the Department of Civil Cases of the Supreme Court continues to receive cases with cassation complaints filed by representatives, who are prohibited by the law to be representatives in the cassation instance court. Thus, such complaints have not been examined (Clause 2, Paragraph Six, Section 453, Paragraph Two, Section 459 of the Civil Procedure Law (in wording effective after 26 May 2015)).

Observing the fact that cassation complaints in civil cases are filed in the appellate instance court, the Supreme Court also turns the attention of regional courts to this circumstance, and urges to act in accordance with provisions stipulated by the Civil Procedure Law, namely, to verify right of a representative to file a complaint before acceptance of the cassation complaint.  

Paragraphs Six and Seven of the Section 82 of the Civil Procedure Law stipulate that natural persons may conduct matters in the cassation instance court personally or through an advocate. Matters of legal persons have been conducted in the cassation instance court by officials, who act within the scope of authority conferred upon them pursuant to law, articles of association or by-law, or through an advocate.

The Case-law data base of the Supreme Court includes a decision of the assignment sitting adopted by the panel of judges of the Department of Civil Cases in the case No. SKC-2034/2015, refusing initiation of cassation proceedings in the case, because the cassation complaint was filed by the person, who was not authorised to do that, and initiation of cassation proceedings was refused in accordance with Paragraph One Section  464.1 of the Civil Procedure Law, if a cassation complaint in the name of legal entity is not signed by the official, who acts within the scope of authority conferred upon them pursuant to law, articles of association or by-law, or by a sworn advocate (in wording of the Civil Procedure Law before 26 May 2015).

See decision of the Department of Civil Cases here


Information prepared by Baiba Kataja, the Press secretary of the Supreme Court
Telephone: 67020396; e-mail: baiba.kataja@at.gov.lv