Courts of general jurisdiction: introduction

In Latvia, judicial power is exercised by city and district courts, regional courts and the Supreme Court.

Civil and criminal proceedings in Latvia are heard in courts, which are divided into three tiers:

1. city or district courts (rajonu (pilsētu) tiesas);
2. regional courts (apgabaltiesas); and
3. the Supreme Court (Augstākā Tiesa).

Territorial jurisdiction is laid down in the Decision on courts, their territorial jurisdictions and locations (Lēmums "Par tiesām, to darbības teritorijām un atrašanās vietām").

City and district courts and their territorial jurisdictions

Regional courts (apgabaltiesas) and their territorial jurisdictions

Administrative proceedings are heard by:

• the Administrative District Court (Administratīvā rajona tiesa) (with its courthouses located in Riga, Jelgava, Liepāja, Rēzekne and Valmiera),
• the Administrative Regional Court (Administratīvā apgabaltiesa), and
• the Administrative Cases Department of the Supreme Court (Augstākās tiesas Administratīvo lietu departaments).

The territorial jurisdiction of the Administrative Regional Court and the Administrative District Court covers the entire administrative territory of Latvia. The Administrative District Court has five courthouses, one in each judicial region, i.e. one each in Riga, Jelgava, Rēzekne, Valmiera and Liepāja.

Jurisdiction by subject-matter

Pursuant to the Law on criminal procedure (Kriminālprocesa likums), a city or district court hears all criminal proceedings as the court of first instance. The City of Riga Vidzeme District Court has jurisdiction as court of first instance over criminal proceedings in which the case files refer to matters of State secrecy. A ruling of a district or city court appealed against under the full appeals procedure (apelācija) is considered by a regional court as the appellate court. An appeal in cassation (kasācija) against a decision by any lower court is heard by the Criminal Cases Department of the Supreme Court (Augstākās tiesas Krimināllietu departaments). In city or district courts, criminal proceedings are heard by a single judge. If the criminal proceedings are particularly complex, the president of the court of first instance may determine that the case is to be tried by a panel of three of that court’s judges. Criminal appeals, whether full appeals or cassation appeals, are heard by a panel of judges.

According to the Law on civil procedure (Civilprocesa likums), proceedings are considered at first instance by a district or city court, except in the case of proceedings which by law are considered in a regional court. Claims for undisputed enforcement of obligations (bezstrīdus piespiedu izpildīšana) and enforcement of obligations on court notice (saistību piespiedu izpildīšana brīdinājuma kārtība) are considered by the land registry office of the relevant district or city court. Regional courts consider the following proceedings in their capacity as courts of first instance:

• proceedings in which there is a dispute over the right of ownership of immovable property, with the exception of the division of property between spouses;
• proceedings concerning the protection of patent rights, trademarks and geographical indications;
• proceedings concerning the insolvency and liquidation of credit institutions.

According to the Law on civil procedure, if a case combines several claims of which some fall within the jurisdiction of a district or city court, while others fall within that of a regional court, or a city or district court has accepted a counterclaim which falls within the jurisdiction of a regional court, the case is to be heard before the regional court. Riga Regional Court has jurisdiction as court of first instance over civil proceedings in which the case files refer to a matter of State secrecy. In the court of first instance, civil cases are heard by a single judge, whereas on appeal (full appeal or appeal in cassation) they are heard by a panel.

Cases concerning administrative infringements are heard by district or city courts and regional courts having jurisdiction in civil and criminal matters. Pursuant to the Latvian Administrative Infringements Code (Latvijas Administratīvo pārkāpumu kodekss), a decision adopted by a higher authority may be challenged in a district or city court. A ruling by the judge of a district or city court may be appealed to a regional court, if the Latvian Administrative Infringements Code explicitly provides for this. A ruling of an appellate court in administrative infringement proceedings may not be appealed and takes effect on the day it is handed down.

Pursuant to the Law on administrative procedure (Administratīvā procesa likums), administrative proceedings are heard at first instance in a courthouse of the Administrative District Court, unless the law provides otherwise. If proceedings are heard in the Administrative District Court as court of first instance, and that court needs to verify information which involves a matter of State secrecy, the proceedings are heard in the courthouse of the Administrative District Court in Riga. If the law provides that administrative proceedings are to be heard at first instance by the Administrative Regional Court or the Administrative Cases Department of the Supreme Court rather than by the Administrative District Court, the relevant application is to be submitted to the Administrative Regional Court or the Administrative Cases Department of the Supreme Court as the case may be. A party to administrative proceedings may lodge a full appeal against a judgment or ancillary judgment of the court of first instance, except if the law provides that the judgment cannot be appealed, or must be appealed in cassation. A Administrative District Court judgment that has not yet taken effect may be appealed before the Administrative Regional Court. A party to administrative proceedings may lodge an appeal in cassation against a judgment or ancillary judgment of the appellate court if the court has infringed substantive or procedural rules or has exceeded its remit during the proceedings. In the court of first instance, administrative proceedings are heard by a single judge or a panel of judges, whereas in a court of appeal – full appeal or appeal in cassation – they are heard by a panel.

Pursuant to the Law on patents (Patentu likums), Riga Regional Court hears the following cases concerning the legal protection of inventions in civil proceedings, as court of first instance:

• cases concerning the restoration of rights to a patent;
• cases concerning the declaration of a patent as invalid;
• cases concerning the right of prior use;
• cases concerning illegal use of a patent (infringement of a patent);
• cases where infringement of a patent is found to be null and void;
• cases concerning the granting of a licence, the contractual provisions of a licence or compliance with those provisions;
• cases concerning the right to compensation for the inability to use an invention publicly.

Pursuant to the Law on designs (Dizainparaugu likums), Riga Regional Court hears the following disputes concerning the legal protection of designs as court of first instance:

• disputes over the recognition of rights to a design;
• disputes over a finding that the registration of a design is invalid;
• disputes over illegal use of a design (infringement of a design);
• disputes over the granting of a licence, the contractual provisions of a licence or compliance with those provisions.

The Supreme Court comprises the Department of Civil Cases, the Department of Criminal Cases, the Department of Administrative Cases and the Chamber of Civil Cases. The Chamber hears full appeals against judgments given at first instance by regional courts. The Department of Civil Cases, the Department of Criminal Cases and the Department of Administrative Cases of the Supreme Court are the cassation bodies in all cases heard by district or city courts and regional courts, and are the bodies of first instance in cases involving decisions of the Council of the State Audit Office (Valsts kontroles padome) adopted in accordance with the procedure laid down in Article 55 of the Law on the State Audit Office. In the Chamber, cases are heard by a panel composed of three judges; in the Department of the Supreme Court cases are heard by a panel of three judges and, in certain cases prescribed in law, in extended composition.

Judges of the land registry offices (zemesgrāmatu nodaļas) register immovable property in land registries and confer the associated titles, consider claims for undisputed enforcement of obligations and enforcement of obligations on court notice. Judges of the land registry offices have the legal status of city and district court judges. Pursuant to the Law on land registry (Zemesgrāmatu likums), territorial jurisdictions of the land registry offices correspond to those of the city and district courts, with the exception of City of Riga Land Registry Office, whose territorial jurisdiction covers that of City of Riga Kurzeme District Court, City of Riga Vidzeme District Court, City of Riga Northern District Court, City of Riga Central District Court, City of Riga Latgale District Court and City of Riga Zemgale District Court, whereas the territorial jurisdiction of Riga District Land Registry Office covers the territorial jurisdictions of Riga District Court (Rīgas rajona tiesa) and Sigulda Court (Siguldas tiesa).

Legal databases

Name and URL of database

Website of the Latvian National Courts Portal

E-services website of the Latvian courts

Website of the Supreme Court

Is access to the database free of charge?

Yes, access is free of charge.

Contents of the database in brief

The Latvian National Courts Portal provides general up-to-date information about courts in Latvia.

The Latvian Courts e-services website allows the user to access a database of anonymised court judgments, follow the progress of judicial proceedings electronically, file an e-claim to a court, calculate the cost of judicial proceedings and paid services using a fee and duty calculator, receive and fill in e-forms, and access other court e-services.

The Supreme Court website contains an archive of case-law rulings providing access to recent Supreme Court rulings and collections of case-law. The information can be found in the section Judikatūra (‘Case-law’).

Background

The information published in the Latvian National Courts Portal and the Supreme Court rulings and collections of case-law published in the portal of the Supreme Court are currently available only in Latvian.