Register of the execution case 1. Prehistory Development Executive register is elaborated in the framework of the project “Register of the execution cases”

Register of the execution case

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PrehistoryDevelopment

Executive register is elaborated in the framework of the project “Register of the execution cases” of the special program by the European Commission “Civil Law”.

FinancingFor elaboration of the Register of the execution cases the financing is obtained from European Commission in amount of 85%, that is EUR 227 854.

Time ScheduleThe project is carried out in the period starting from December, 2009 up to January 1, 2012.

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Situation in Latvia

• Currently the jury judicial executors apply the Informational system for the jury judicial executors (ISJJE), in the framework of which the proceedings of execution cases are held (incoming and outgoing mails are registered as well as execution cases and the depository book is kept).

• As before many the jury judicial executors prefer to register the execution cases and mails as well as to keep the depository book in paperback format, filling the items considered by the book manually.

• In Latvia at the normative level there is no obligatory demand to apply for ISJJE, in order to conduct the proceedings and accountability of the depository amounts in the electronic format.

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Purpose of the project

The purpose of the project is to establish the national register of the execution cases for the jury judicial executors, in order to provide centralized electronic accountability of the execution cases and implementation of the execution cases by means of the register of the execution cases.

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Constituent parts of the Register of the execution casesModule of proceedings

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The following components are foreseen in the module of proceedings:

•To register the executive cases in Latvia as well as the data regarding the process and the results of the execution;•To implement all the execution actions, to prepare also the documents necessary for the execution case;•To provide exchange of the information among the jury judicial executors; •In the electronic environment to keep the elaborated and sent documents.

Constituent parts of the Register of execution cases

Модуль делопроизводства

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Interface with the external registers I

• For the purposes to accelerate the process of the execution and to provide the electronic exchange of the information with other institutions the Register of the execution cases plans to integrate (conjugate) itself with the other informational systems and the registers allocated at the other institutions/establishments.

For example: with the Court informational system, United state computerized land book, Register of residents, credit institutions, register of the State revenue service, in which the information about the registered tax payers is collected, and other registers.

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Interface with the external registers II

Provision of monitoring• While conjugating the external registers with the Register of execution cases the possibility of providing of the monitoring is foreseen by means of the automatic notification to the jury judicial executor regarding the changes into the data of the debtor.

The jury judicial executor will have the opportunity to indicate to the particular information, for example, possibly the real estate or the moveable property belonging to the debtor, is the subject due to the monitoring, in order to get the information about the changes regarding the proprietary standing of the debtor, etc. on the timely basis.

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Issuing/directing the order to the external registers

• The jury judicial executors via the Register of execution cases will have the opportunity in the online regime to issue/direct to the other registers the orders elaborated on by the jury judicial executors, for example, regarding the registration of prohibitions for the belonging to the person property or about retentions, in order the other institution/establishment of the registers could obtain them electronically and implement them accordingly.

Thus, the jury judicial executor not only could find out effectively the information about the debtor but accelerate the process of implementation of the resolution, as the orders were issued/directed and received in the online regime, as the result of which according to the actual possibilities the exchange of the documents in the paperback format is diminished.

Interface with the external registers III

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Module for accountability of the depository amounts

• In the module of accountability of the depository amounts the automatic accountability of all the monetary assets transferred to the depository account is foreseen as well as of those amounts transferred from the same account for each execution case.• The opportunity of importing the extracts of the bank accounts from the file is provided also, as well as their transfer for the automatic processing, together with the control of the timely transferring of the proper amount to the collector. 10

Normative regulation

• According to the Law about the jury judicial executors it is set that the jury judicial executors while implementation of their official duties apply for the Register of the execution cases.

• The order of establishing, maintaining and utilization of the Register of the execution cases, as well as the minimal volume of the inserted into the Register information will be defined by the Cabinet of Ministers.

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Proprietary right for the Register of the execution cases

• The proprietor of the Register of the execution cases and its software is the State of Latvia represented by the Ministry of Justice.

• The holder of the Register of the execution cases is the institution/establishment subordinated to the Ministry of Justice – Court administration, which will provide maintenance and functionality of the Register of the execution cases, and also will provide the access of the jury judicial executors to this system.

The Court administration will be the competent institution/establishment, which will include the necessary agreement, in order to receive from other registers all the necessary data regarding the participants of the execution cases for the effective implementation of the resolution.

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