Disciplinary Case Commission of Sworn Bailiffs reviewed two disciplinary cases against sworn bailiffs during the meeting of 2 September 2020.
The Disciplinary Case Commission, when examining the initiated disciplinary case against the sworn bailiff regarding significant violation of regulatory enactments governing the activities of sworn bailiffs, which has resulted in harm to state interests, established that the sworn bailiff has failed to comply with the procedure determined in regulatory enactments, according to which it should be determined, whether the auction price of the immovable property is subject to value added tax. Namely, the sworn bailiff did not ascertain at the building authority of the relevant municipality the information prescribed by Cabinet Regulation, in order to establish the conformity of the immovable property with the status of the unused immovable property referred to in Section 1, Clause 12 (f) of the Value Added Tax Law
The Disciplinary Case Commission, when assessing the circumstances established during the disciplinary case, the nature of the breach, explanations provided by the sworn bailiff, as well as information describing the previous work in the position of the sworn bailiff, decided to terminate the disciplinary case as far as the disciplinary commission considered the violation of regulatory enactments committed in the particular case as not significant, at the same time considering also the court judgement, pursuant to which the auction of the particular immovable property was approved.
Decision of the Disciplinary Case Commission is not subject to appeal.
In turn, when examining the disciplinary case initiated by the Minister of Justice against the sworn bailiff regarding significant violation of regulatory enactments governing activities of sworn bailiffs, which has cause a harm to the interests of the state and a private person, the Disciplinary Case Commission established that the sworn bailiff has failed to execute for a long period of time the obligation arising from the court decision coming into force and failed to pay-out to the debt-collector or its representative the unreasonably deducted monetary funds - calculated rate of the official charge in percentage and value added tax.
The Disciplinary Case Commission of Sworn Bailiffs, when assessing the nature and consequences of the committed disciplinary violation, the degree of fault of the sworn bailiff in the offence, as well as information describing the previous work in the office of the sworn bailiff, on the basis of Section 66, Paragraph one, Clause 3 of the Law On Bailiffs, took a decision to impose a fine on the sworn bailiff in the amount of 5,000 euros.
In accordance with Section 66, Paragraph four of the Law On Bailiffs, a sworn bailiff for whom a disciplinary sanction provided for in Section 66, Paragraph one, Clause 3 of the Law On Bailiffs has been imposed has a duty to pay a fine into the account of the Council of Latvian Sworn Bailiffs within three months from the day of taking of a decision.
In accordance with Section 69 of the Law On Bailiffs, the sworn bailiff can appeal the decision of the Disciplinary Case Commission regarding imposing of the disciplinary sanction to the administrative district court within a time period of 30 days from the day of notification of the decision.