Law Of Latvia Research Articles

Latvian Sports Regulation in Transition: Navigating Historical Evolution and Contemporary Development Trends

This comprehensive analysis delves into the intricate realm of sports law and policies in Latvia, exploring the historical evolution, administrative framework, and policy landscapes that shape the country's sports sector. The text highlights Latvia's transition from the Centralized Soviet Model to a more autonomous sports system post-independence, reflecting the nation's historical context and pursuit of sporting excellence. It examines the interaction between EU regulations and internal sports governance, emphasizing the balance between market-regulating rules and legitimate sports governance. The study also discusses recent legislative amendments in response to geopolitical events that has shaken the Eastern Europe, such as the Russian invasion of Ukraine, showcasing Latvia's proactive approach to safeguarding national interests and ethical standards in sports. Furthermore, insights into the implementation of National Anti-Doping Regulations underscore Latvia's commitment to maintaining integrity in sports. The administrative framework involving various stakeholders, including governmental bodies and non-governmental organizations, is analysed to provide a holistic view of sports policy planning and stakeholder engagement in Latvia. Overall, this research sheds light on the evolving landscape of sports law in Latvia and the country's efforts to promote athletic development, fair play, and good governance in sports. The findings will contribute to a deeper understanding of the factors and forces shaping the sports sector in the country. Keywords: sports law and geopolitics, sports governance, sports policies, EU sports law, Latvia

Development of Latvian Insurance Contract Law Under the Influence of European Union Law

The aim of the article is to analyse the process of application of the Insurance Contract Law in Latvia in 2018 and topropose amendments to this law to eliminate the ambiguities and shortcomings therein. This article examines thedevelopment of insurance contract law in Latvia in the light of the entry into force of the renewed law regulating thesecontractual relations, the Insurance Contract Law, in 2018. The main methods used were analysis and synthesis, scien-tific induction and deduction, comparative method and observation. Analysing the problems in the practical applicationof the renewed law, the author concludes that prima facie the renewed law needs to be clarified in certain parts andproposes solutions.

The Production of a Forensic Examination and the Procedural Status of Knowledgeable Persons in Criminal Proceedings in Russia and Latvia

The article provides a comparative analysis of legal acts regulating the organization of forensic activities, as well as the legal status of knowledgeable persons in criminal proceedings in Russia and Latvia. Comparative legal analysis of normative acts consists in comparing the prescriptions of legal norms, legislative terms and definitions, allowing one to see the general and special, typical and unique in the regulation of forensic activities, as well as the rights and obligations, the volume and nature of the procedural functions of knowledgeable persons in criminal proceedings Russia and Latvia. The study is carried out on the basis of a comprehensive comparative legal analysis of the latest editions of criminal procedure laws (codes), laws in the field of organizing forensic activities in Russia and Latvia, by-laws, as well as other primary sources, including foreign ones, in the original language. Knowledgeable persons, i.e. persons applying special knowledge in criminal proceedings in Russia, are experts and specialists, in Latvia – experts, auditors and specialists. The legal status of knowledgeable persons in criminal proceedings in Russia and Latvia is largely comparable, but not identical. And, despite the transformation of the criminal procedural legislation of Latvia, in accordance with international legal norms and standards of the European Union, the provision of Soviet law on the use by knowledgeable persons of special knowledge in legal proceedings was preserved in the Latvian criminal process. The Code of Criminal Procedure of Russia classifies an expert and a specialist as other participants in criminal proceedings, that is, persons performing the function of promoting justice. Whereas the Latvian Criminal Procedure Law refers an expert and an auditor to persons having powers in criminal proceedings, a specialist – to other persons involved in criminal proceedings. And, if the expert and the auditor in the Criminal Procedure Law of Latvia are considered as independent participants in the criminal process, then the role of a specialist in legal proceedings is reduced to the level of “auxiliary personnel”. An expert and an auditor, according to the requirements of the Criminal Procedure Law of Latvia, are involved in criminal proceedings to give an opinion and fulfill the obligation to provide evidence, that is, as “means of ensuring judicial evidence”. Specialist – to assist officials performing procedural actions in fixing the progress and results of their conduct, using technical means to identify circumstances relevant to the case, but without conducting practical research in search of traces of a criminal act. The results of the comparative legal analysis of the normative acts regulating the rights, obligations, scope and nature of the procedural functions of knowledgeable persons in the criminal proceedings of Russia and Latvia allow us to expand our understanding of the application of special knowledge in the criminal proceedings of foreign states, as well as to critically assess the national criminal procedure legislation for the purpose of its further improvement and optimization. Based on the results of the study of the normative acts of Russia and Latvia, certain problematic aspects of the legal regulation of the procedural status of knowledgeable persons in the Russian criminal procedure legislation is noted, and generalizing conclusions are made.

The Securing a Claim in the Context of Sustainable Development: An Evaluation of the Latvian Experience

Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law. An important guarantee, such as the enforcement of a court judgment, is also enshrined in human rights theory and practice, as unenforced judgments pose a threat to legal stability, which is one of the fundamental basis for the sustainable development of society. The institute of law of the securing a claim serves in cases where execution of the future judgment may be impossible or made substantially more difficult. The aim of the research is to study the legal framework, which determines the regulations of the securing a claim in Latvia in order to make proposals for enhancement of the legal framework. The research deployed descriptive, analytical and deductive-inductive methods as well as the methods of interpretation of legal norms. Using these methods, legal acts, views of legal scientists and case law were reviewed and analyzed, and subsequently conclusions and recommendations were made. Analyzing the development of the securing a claim it can be admitted that this institute of law in Latvia has problems as the application of the securing a claim in court practice within the framework of limited adversarial and dispositivity principles, as well as shortcomings in the theoretical foundations of the securing a claim which are based on the findings of legal scientists of the last century. As a result of the research, the author drew the conclusions, that Latvia does not make sufficient use of the long-standing successful procedural solutions for securing a claim in others states, such as court mortgages, bank guarantee or mortgage of the plaintiff to secure the defendant's losses, defendant's protection letter to protect against unjustified securing a claim, a possibility to secure a claims which are not financial in nature and many more that can make legal regulation of the securing a claim more modern and effective.

The Problematic Issues of Sports Law in Latvia: Compliance of Labour and Tax Legislations from the Sustainable Development Perspective

Sport performs several functions in society: an educational, a social, a cultural as well as a recreational function. Nevertheless, sport is also a business: in economic terms, it is a rapidly growing area accounting for 3% of world trade and is one of the sectors most likely to generate new employment in the near future (Colucci & Hendrickx, 2014). For that reason, at the present stage of sustainable development of sports in Europe in general and in Republic of Latvia in particular, there is a growing need for a clear regulation of the employment relations of professional athletes and transparency of taxation in the sports industry. Taking these considerations into accounts, aim of the research paper is to assess the theoretical and practical issues related to employment relationships and taxation in Latvian sports from the sustainable development perspective. The methodological basis of the research consists of general scientific and special legal research methods.

Latvian Tradition in International Law

Research on tradition can be approached from various perspectives. It can be a study of key personalities or important scholarly works, or influential positions or documents adopted by the State within the international normative process. Concepts such as statehood, territorial integrity, equal participation in international decision- making and, recently, the rule of law in international law, have been of relevance and interest both in practice and academic research in the field of international law in Latvia. The proposition is put forward that research in international law by the scholars of a particular State is closely linked to the interests and issues which that State is confronted with in practice.

Behind the Scenes: EU Accession Challenges

The enlargement of the European Union (EU) in 2004, or the “fifth” enlargement, when Latvia also became a member, involved quite possibly the most ambitious transformation of legal thinking, the legal system and public administration throughout the recent history of Europe. The formal framework of the enlargement consisted of relatively standard EU association agreements. However, the internal political and legal processes in the candidate countries, including Latvia, were not considered to be unequivocally stable. Swift and irrevocable progress in implementing EU law was therefore significant. The process was complicated by the fact that the presence and application of international agreements in Latvia was not particularly widespread at the time. The complicated legislative procedures, the small number of professionals permanently involved in this work and politicised debates also significantly slowed the process of law-making, whose aim, in turn, was to form the basis for the stable transformation of the Latvian legal system. This Chapter highlights the most important political and organisational challenges of the EU’s decade of integration (1995–2005) and their solutions, the individual challenges connected to transposition of EU legislation and, most significantly, the impact of integration on the transformation of legal thinking and case law in Latvia.

Latvian Tradition in International Law

Research on tradition can be approached from various perspectives. It can be a study of key personalities or important scholarly works, or influential positions or documents adopted by the State within the international normative process. Concepts such as statehood, territorial integrity, equal participation in international decision- making and, recently, the rule of law in international law, have been of relevance and interest both in practice and academic research in the field of international law in Latvia. The proposition is put forward that research in international law by the scholars of a particular State is closely linked to the interests and issues which that State is confronted with in practice.

Administrative Law in the Sphere of Public Policy upon Restoration of Independence of Latvia and Lithuania

The authors of the article explore the multi-functionality of administrative law. Administrative legislation should take into account social realities, recognize the usefulness of social order (when assessing the need for legislative changes or their stability) and transfer them to the level of justice (in terms of the adequacy of legal regulation). After the restoration of independence, administrative law in Latvia and Lithuania had to undergo a transformation of values, abandon the imposed Soviet ideological standards and master new standards of democracies. This strengthened social and legal values, enshrined and protected in the Constitutions of both countries and after accession to the EU, in accordance with the provisions of public administration, allowed by the Treaty on the Functioning of the European Union.The article notes that the formation of legislative policy and the creation of legislation usually based on the discretion of the culture of politicians. The authors of the article draw attention to the synergistic knowledge of social reality and the use of this knowledge when building administrative and legal regulation to the level of macro-social regulation.

Legal Challenges of Teleworking in Latvia

This research is funded by the Ministry of Education and Science, Republic of Latvia, project “Life with COVID-19: Evaluation of overcoming the coronavirus crisis in Latvia and recommendations for societal resilience in the future”, project No VPP-COVID-2020/1-0013. Due to technological developments and entry of new generations into the labor market, teleworking is rapidly becoming more widely used as a form of employment. The Covid-19 crisis has increased its relevance over the past year. In the Latvian regulatory framework, this has been defined recently, including the definition of telework in the Labour Protection Law. Given that companies have had to adapt to the organisation of telework relatively quickly, in practice there are legal obstacles to effective implementation of sustainable telework. The aim of the article is to reveal the most significant legal obstacles to implementation of efficient and sustainable telework in Latvia, considering experience of other countries. Both national and international legislation have been used in the study to achieve the set goal. Descriptive, analysis, induction and deduction methods have been used in the development of the article. The results showed that there are uncertainties about application of the law in Latvia in the context of telework to the employee’s right to disconnect from digital devices. The authors also found that planned changes to the Labour Law regarding telework do not create legal certainty in employment relations in emergency situations, such as the Covid-19 crisis. The authors also suggest including the right to disconnect in the Latvian regulation, to secure employees’ rights to privacy and secure and healthy work environment.

Importance of Energy Efficiency in Manufacturing Industries for Climate and Competitiveness

Abstract The manufacturing industry in Europe is currently enfacing one of its greatest challenges due to the emission reductions needed to reach carbon neutrality by the middle of this century. The European Union’s Energy Efficiency Directive and Green Deal will force manufacturing industries to significantly reduce their present energy consumption, but at the same time sustain their competitiveness globally. Here we use the Latvian manufacturing industry as a case to analyse how different macro-level factors have affected its energy use and how the industrial energy efficiency has progressed during the last decade. We apply the Log-Mean Divisia index decomposition method to decompose the energy use in the manufacturing subsectors over the period of the past ten years from 2010 to 2019. The findings unravel the key driving factors of industrial energy consumption, which could serve as a valuable basis for effective energy efficiency policymaking in the future. The results show that energy consumption trends differed across industrial subsectors and the effect of industrial energy efficiency improvements was more pronounced in the period following the entry into force of Energy Efficiency Law in Latvia. Significant increases in energy consumption are observed in the two largest Latvian manufacturing subsectors, such as the non-metallic minerals production sector and the wood processing sector, where the current pace of energy efficiency improvements cannot compensate for the effect of increasing industrial activity, which increases overall industrial energy consumption. The results suggest that the Latvian manufacturing industry is at the crossroads of the sustainability dilemma between economic gains and energy saving targets.

PORT AS EVIDENCE IN THE CIVIL PROCEEDINGS OF LATVIA

A forensic expert report is an important part of the evidence process in civil proceedings. An examination is possible both before the initiation of a civil case, and while its consideration. In some cases, it is expedient to conduct examination immediately, until the actual circumstances are not lost or changed, for example, in cases of property damage in fire, in water, in cases of vehicles damage in road accidents. An interested party has the right to ask a forensic expert to conduct an examination. However, according to the Civil Procedure Law of Latvia, the examination conducted at the initiative of one of the parties and not appointed by the court does not have the power to obtain a forensic expert opinion and is assessed as written evidence.
 The article is devoted to the issues of assessing a forensic expert report as evidence in civil procedure.

ELECTRONIC SEGMENT IN THE CRIMINAL PROCEDURE LAW OF THE LATVIA

The article deals with the electronic segment in criminal procedural law in Latvia. It analyses both specialized electronic tools of criminal procedure in the form of information system (judicial information system) and non-specialized electronic tools of criminal procedure. The author studies the requirements for electronic recording of specific investigatory actions (interrogation of a juvenile victim and witness, questioning, exhumation, line-up for identification). The research focuses as well on the electronic component of special investigatory actions (correspondence control, communication facilities control, data control in an automated data processing system, content control of the transmitted data, audio or video location control, individual audio control). It provides further evidence for the possibility of implementing procedural actions using technical means (telephone conference, videoconference) if the interests of criminal proceedings so require. It is made clear that it is the duty of individual subjects of criminal proceedings at the request of the person who administers the proceedings to immediately notify in writing postal or e-mail address for managing written communications. The author outlines the terms for sending notifications in criminal proceedings and subpoenas to the individual’s email address. The article also investigates the procedure for publishing electronic images of a detainee, suspect, victim and witness in the media. It studies the regulations for recording the course of a court hearing in full size using audio, video or other technical means, as well as recording the parole by means of electronic surveillance. According to the results of the study, the author proposes to take into account a number regulations in criminal procedural law in Latvia when developing proposals for improving domestic criminal procedural law, including: interrogation of a minor using technical means and a psychologist in another room; the obligation to provide in writing postal or e-mail address for managing written communications and the possibility of sending a notification as for the decision with the enclosed copies to that e-mail address; sending summons to an email address; the procedure for the publication in the media of images of the suspect, victim and witness taken during the proceedings; arranging the parole using electronic surveillance.

CONFISCATION OF PROPERTY AS A SANCTION IN LATVIA CRIMINAL LAW

The purpose of the paper is to analyze confiscation of property as a criminal penalty in the criminal law of Latvia. According to the Section 42 of criminal law - confiscation of property is compulsory alienation of the property owned by a convicted person to the State ownership without compensation. Confiscation of property may be specified as an additional punishment to a deprivation of liberty or community service. Property owned by a convicted persons, which they have transferred to another natural or legal person, may also be confiscated. Confiscation of property may be specified only in the cases provided by Law. A court, in determining confiscation of property, shall specifically indicate which property is to be confiscated.At the same time - Chapter VIII.2 of criminal law has a very wide regulation of special property confiscation , that by law is not a criminal penalty, but a compulsory measure.The author believes that confiscation as a sanction must be excluded from law, as it is not in line with fundamental rights and is not efficient.Special confiscation and fine are more efficient and precisely regulated, which allow to respect human rights. Confiscation does not ensure balance between effectiveness and human rights with regards to general objectives of criminal justice system.

TOPICAL QUESTIONS OF THE PROSECUTION IN LATVIAN CRIMINAL PROCEDURE IN COURT

One of the institutions of criminal procedural law, which was subjected to change along with others, is the institution of prosecution in criminal procedure of Latvia. The judge, legally and reasonably makes a decision on charges of the criminal procedure for the assignment achievement of the criminal procedure, the person directing process. For this purpose, it is important to evaluate proofs objectively in a criminal case and make the correct decision to prosecute a person. The study of issues, related to the prosecution in judicial criminal procedure is determined in the paper from the point of view of Latvia’s and other scientists. Consideration of theoretical and practical provisions on the research topic allowed implementing individual conclusions and suggestions related to the accusation in judicial criminal procedure of Latvia that definitely will contribute to further improvement of the Criminal Procedural Law of Latvia

CRIMINALISTIC METHODICS IN THE SYSTEM OF CRIMINALISTIC THEORY

The term “criminal investigation technique” has two meanings in the scope of Theory of Criminalistics. The first meaning of the term is used for disclosure of one of regulatory means in Criminalistics cognition - criminal investigation technique cognition. This meaning of Criminalistics technique is disclosing in the limits of structure of the process of Criminalistics cognition. The second meaning of the term “Criminalistics technique” is disclosing in the limits of description of the system of cognitive activity in the sphere of applying criminal law.
 During disclosure of the second meaning of the term “Criminalistics technique” we are pointing out that, first of all, it is the system of knowledge, used for organization of investigation of the event of criminal offense, id est, knowledge necessary and sufficient for getting new knowledge about the event of criminal offense. Knowledge acquired and used during applying criminal law in Latvia is knowledge of substantiate but not of faith nature. This knowledge is collective (sociable) knowledge and manifests itself during rationalization of investigation of the event of criminal offense. Personal knowledge manifests itself only during the stage of optimization of investigation of the event of criminal offense.
 It is necessary to differentiate knowledge about criminal offense as knowledge about theoretical construction in criminal law and knowledge about the event of criminal offense as knowledge about phenomenon of fragment of material reality, which is evaluated as criminal offence. Knowledge about criminal offense (about corpus delicti) and linked circumstances as theoretical constructions in criminal law is collective (common, social) knowledge. This knowledge is gained by the person investigating the event of the criminal act in the course of long legal education. Knowledge about the event of criminal offense is got during another cognition activity
 - investigation (cognition) of specific event of criminal offense. This knowledge is domain for other people, id est, collective (common, social) knowledge and it is fixed in the materials of criminal case.
 Theoretical knowledge, necessary for reasonable process of investigation of the event of criminal offense, encloses two types of knowledge (primary and guiding) about rationalization of the activity. Criminalistics techniques (system of knowledge about organization of Criminalistics activity) as subbranch of Criminalistics theory is fulfilling methodological function for developing of techniques for organization of investigation of separate types of criminal offenses.
 Keywords: Criminalistics theory, criminalistics techniques, organization of investigation of the event of criminal offense.

DEVELOPMENT OF LEGAL REGULATION OF INSURANCE IN LATVIA

The article describes the main development stages of insurance law in modern Latvia. Insurance relationship, regulated by rules of law, have their own characteristics and relevance at the moment. In the given paper the issues of the legal groundwork for the insurance contractual relations in Latvia are considered. Some aspects of insurance law in Latvia – actual problems of legal regulation of insurance. It is considered individual development stages of legal provision of insurance contractual relations in Latvia, some existing problems and are described the possibilities for improving the legal regulation of insurance law in Latvia in accordance with the requirements of the relevant EU Directives on a unified legal space of the EU.

NATURE AND FORMS OF REALIZATION OF LEGAL LIABILITY

The article focuses on the research of one of the fundamental institutions of law – legal liability, the role and importance of which in the current period of formation of the rule of law in Latvia is constantly increasing. However, many issues of legal liability are still under discussion. In recent years the problem of liability mainly out of legal problem, turned into a problem of interdisciplinary nature. The generic notion, in relation to legal liability, is social responsibility. The evolution of views on the nature of legal liability has resulted in the emergence of the concept of positive legal liability. The initial methodological premise of the research of legal liability is to address to the issue of social responsibility, since the general characteristics and forms of realization inherent in social responsibility, inevitably find their expression both: in legal responsibility and its individual types. Traditionally, legal liability is limited by its interpretation as liability for the past, i.e. negative liability. At the same time, attention is drawn to the diversity of views and interpretations of supporters of this approach. However, in recent decades, there has been a growing body of research on positive (prospective) responsibility, whose proponents are also diverse. Moreover, in science it is suggested, that responsibility can be extremely positive, along with which, the protection of violated subjective rights and interests protected by law, is provided by measures of state coercion. http://dx.doi.org/10.17770/acj.v4i85.4015 Legal liability is considered in the article as an holistic phenomenon, dialectical unity of responsibility for past actions (retrospective responsibility) and responsibility for present and future behavior (positive, prospective responsibility), which develops and is implemented in a voluntary or compulsory form in regulatory legal relations. Legal liability is characterized by a number of specific features. Among them: (1) legal liability is based on legal norms, that give it certainty and general compulsion; (2) state guarantee; (3) provision of state coercion or persuasion; (4) legal liability as a necessary consequence has the approval or conviction, encouragement or punishment; (5) legal liability is implemented in the procedural form, provided for by law; (6) essentially, legal liability is a uniform, but it is exercised in two different forms. The theories and concepts of legal liability, presented in the scientific literature were critically analyzed in the article and on this basis its concept is being formulated, the specific features inherent in legal liability are being identified, its unity and the presence of various forms of implementation are being alleged.

CONSTRUCTION OF CONCEPTION OF DISABILITY IN LAWS AND REGULATIONS OF LATVIA

Title of article research is “Conception of Disability in Laws and Regulations of Latvia”. Wherewith this research is carried out in communication and disability studies disciplines. This topic for research was chosen because the conception of disability in regulations and laws is impacting overall legislation related to persons with disabilities and thus directly impacting their lives. And Disability law of Latvia is one of the main laws which is directing regulations related to dividing persons with disabilities in groups, receiving of assistant and guide services and similar issues. As basic method for the research of this article was chosen to be critical discourse analysis which according to Norman Fairclough is providing tools to research text, discursive practice related to this text and sociopolitical context. Articles and amendments of Disability law of Latvia has been researched according to theoretical models of disability described, also process related to creation of the law and passage of it and sociopolitical context from which the main part is in 2010 ratified United Nations (UN) Convention for the rights of persons with disabilities which should impact the legislation of Latvia. By doing research the main conclusion made was that in Disability law of Latvia persons with disabilities are seen more from the point view of medical model of disability but in its amendments from the point of view of “gap” model. It can be explained with the ratification of UN Convention for the rights of persons with disabilities and with being in European Union (EU), willingness to bring principles of welfare state in Latvia.

Content and Application of Duty of Care Principle in the Field of Administrative Law in Latvia

The article addresses the principle of duty of care, which is identified as one of the principles of the European Union’s administrative process. First of all, the use of term ‘duty of care’ in Latvian language is analysed and shortcomings identified. The content of the duty of care principle in relation to the principle of good administration and the non-contractual liability of the state is further clarified. The article also touches upon the question of the immunity of the authorities to liability for non-compliance with the duty of care.