The entry into force of the Administrative Liability Law (ALL) on 1 July this year has changed the current enforcement procedures in cases of road traffic offenses and recovery of unpaid fines. The new changes may cause some confusion for residents who do not actively follow the changes in legal norms, because in parallel with ALL, the provisions on the application of enforcement of rulings specified in the Latvian Code of Administrative Violations (LCAV) must still be observed. Thus, the enforcement of decisions in the field of administrative violations can currently be carried out both pursuant to ALL and LCAV.
"The new ALL is a challenge for all law enforcement practitioners who deal with administrative offenses on a day-to-day basis. The new regulation stipulates not only a new system of administrative penalties and the procedure for reviewing cases of administrative violations, but also the procedure for recovery of unpaid fines,” admits Iveta Kruka, Chairwoman of the Latvian Council of Sworn Bailiffs.
The provisions of the LCAV are applicable to all violations in road traffic, i.e. violation of stopping or parking rules, or violations recorded by technical means without stopping the vehicle, if committed before the entry into force of the ALL, at all stages of administrative violation proceedings, including enforcement by a sworn bailiff.
Taking into account that the LCAV is applicable to the above-mentioned types of violations in road traffic committed before the entry into force of the ALL, the fine is also enforced in accordance with the LCAV norms, i.e., the fine is transferred for enforcement to a sworn bailiff one year after the decision on the fine has entered into force.
Different procedures are in place for fines for administrative offenses other than those for stopping or parking, or for infringements recorded by technical means without stopping the vehicle. These violations are governed by the law in force at the time of the procedural stage. For example, if at the time of the ALL entry into force the court proceedings have been completed and the court decision has entered into legal force, a sworn bailiff will have to apply the ALL norms, as the court proceedings will be completed and the next stage of the proceedings will start.
Violations committed after the entry into force of the ALL will henceforth be subject to a unified enforcement procedure, regardless of the category of the case. This means that regardless of the type of administrative violation, after the expiry of the term for voluntary payment of the fine, the decision on the imposition of the fine must be immediately transferred to a sworn bailiff for enforcement.
Bailiffs are public officials responsible for enforcing court judgments in the interests of the injured party, the state and the public. The duty of the Latvian Council of Sworn Bailiffs is to ensure the professionalism of the representatives of the industry and to publicly represent their opinion.