INSOLVENCY PROCESS OF LEGAL ENTITIES: THE NEW LAW FIRST YEAR’S APPLICATION PROBLEMS

In June 2010 Latvian Parliament (Saeima) adopted the new Insolvency Law. This article provides analysis of the main problem issues arising of a new law regulating legal entities insolvency process, and, subsequently, on the basis of the present research identifies several areas for further improvement of the legal regulation. The above confirms relevance of the topic of the present article and its importance. The research has the following tasks: identification and investigation of the main problem issues arising of a new law regulating legal entities insolvency process; examination and analysis of the legal entities insolvency process. With the view of the purpose set for this research, the author has applied empirical and theoretical scientific research methods

MAX WEBER'S THEORY OF LAW EDUCATION AND POLITICAL VIEWS OF RELIGION

In order to better evaluate Weber's most popular views on the economic ethics of religion, by comparison and due to the interaction of the opposites and sets of views expressed in them, in this work, the discipline of human rights will also be analysed, which will closely identify Weber's asceticism about the spirit of normative Protestantism and the ethics of capitalism and law school and education. The purpose of the research is to establish and identify the ideas expressed by Weber regarding the value scope of social classes, layers and typology of religion, by analysing them – conventionally, but specifically – through the doctrine of lex nature and education impact in school of sociology. Additionally, the purpose of the present work is to answer what is the general structure of Weber's philosophical thoughts and views on school of law, to find and identify in it the asceticism of the sociology of religion, interspersed with the theory of conflict and domination. But the relevance of the research is rooted in the fact that the methods of Weber's scientific approach are used to analyse the state's institutional and orderly system-theoretical dependence from the bureaucratized forms of public authority and this impact in knowledge.

Aspects of Formation of Legal Status of Subterranean Depths

The aim of the study is to identify and investigate ownership trends in exploration and use of subterranean depths of Latvia, by examining aspects of legal status of subterranean depths. The following methods were used as part of the study: (1) analytical method used for gaining and analysing the amount of information obtained, as well as for structuring research work; (2) comparative method for analysis and comparison of legal frameworks between European continent countries for the use of subterranean depths in regulatory enactments; (3) empirical method based on facts obtained objectively and systematically through collection of information. The main results of the study include: 1. Today, when society’s demand for energy is growing rapidly to ensure the well-being of society, and technology is evolving more rapidly so that energy resources can be used in an increasingly economic way, it is important to be able to separate the public’s common interest and private interest in energy resources located in the subterranean depths. 2. In the 21st century Latvia, legal framework for the ownership of subterranean depths has not carried out the introduction of a legal framework corresponding to the needs of modern society and technological capabilities to be able to perform systematically both the search and exploration of new mineral resources and other resources of subterranean depths and the establishment of a national strategy for the exploitation of subterranean depths

ASPECTS OF INSOLVENCY IN CRIMINAL LAW

The article contains analysis of the legal norms that govern criminal liability for risks posed to insolvency. Based on case law and conclusions made by the law scholars, the preconditions have been studied the presence of which has to be proven in order to enable calling of a person to criminal account for leading to insolvency, filing of a fraudulent application for insolvency proceedings, hindering the insolvency proceedings and breach of the conditions of legal protection. The study enables deepen understanding of the preconditions to application of the law and helps to gain knowledge of criminal legal protection of insolvency and to avoid any behavior patterns that might be interpreted as criminal. The period since enactment of the new Insolvency Law that has changed the concept of insolvency as well as the course of procedure and therefore has affected the application of criminal legal protection has been too short for development of judiciary in this area. The few sources of scientific literature on the regulation of criminal legal protection of insolvency in the Criminal Law had been published before enactment of the new Insolvency Law. Five years of operation of the Insolvency Law is a kind of milestone for updating the issues of criminal legal protection of insolvency and extended assessment of the insolvency regulations in the Criminal Law

Principle of Legality in Civil Procedure: Basis for Formal Conduct of Civil Cases (Abstract)

In the article, the author examines the matter of the expression and content of the principle of legality in civil procedure, more specifically focusing on the procedural and substantive problems of the principle of legality. Civil procedure is universal as a compulsory form of protection of subjective rights or, in other words, civil procedure is a procedure for compulsory exercise of civil rights, which is reduced to a set of norms that determine the type of actions of both existing legal protection institutions and persons who use this protection or are involved in it in any other way. Legality plays an important role in this regard. Legality means a state of life of the society which, firstly, has a legal framework, which is not logically contradictory and which generally meets the objective needs of this society and, secondly, natural and legal persons respect and follow the legal norms adopted. In civil procedure, this is not only a principle, but also one of the aims of legal proceedings. According to its content, the principle of legality includes, firstly, the requirement that the courts apply the norms of the substantive law correctly and carry out procedural actions in accordance with the legal norms; secondly, the requirement that other participants of the procedure comply with the procedural and substantive legal regulation when adjudicating and considering civil cases in court. Thus, the principle of legality includes procedural and substantive components. The aim of the article is, by analysing the moral-legal content of the principle of legality, to evaluate the aspects of its application. Material and methods used in the study for the empirical basis of the research include scientific works and collections of articles, publications in periodicals and primary sources, laws, internet resources, as well as other publicly available information. Analytical, inductive and deductive research methods have been used in the research.Rakstā tiek apskatīts jautājums par likumības principa izpausmi un saturu civilprocesā. Pētījumā tiek aplūkoti likumības principa procesuālie un materiāli tiesiskie jautājumi

CRIMINAL LIABILITY FOR DELAYING INSOLVENCY PROCEEDINGS

The article analyzes the legal norm, which provides for the criminal liability of the administrator and the representative of the debtor within the framework of legal entity insolvency proceedings or of the insolvent natural person in these proceedings. Up to now the criminal law science of Latvia discussed the issue of criminal aspects of delaying insolvency proceedings, however the authors, who researched them, did not go into details or analyzed them in conjunction with the previous insolvency regulation. This is indicative of the topicality of the theme, the importance of theoretical and practical research in the modern criminal law. By means of his thesis, the author wants to even partially close this gap, examining the most important aspects of the theme. Although the time passed after the effective date of the new Insolvency Law of November 1, 2010 is not enough to form legal practice in the criminal aspects related to delaying insolvency proceedings, it is the right moment to emphasize the urgency of the problem and to thoroughly evaluate the most important issues. Therefore, the purpose of the thesis is, analyzing peculiarities of offence as specified in Article 215 of the Criminal Law, to evaluate theoretical and practical aspects of its application. The empirical base of the research is formed by scientific theses and collections of articles, periodical editions and primary sources, legal acts, statistical data, Internet resources, other information in the public domain. To develop the thesis, the author used analytical, comparative, inductive and deductive methods of research

CREDITOR CLAIMS IN THE INSOLVENCY PROCEEDINGS OF A LEGAL ENTITY

The study “Creditor claims in the insolvency proceedings of a legal entity” contains analysis of the legal norms that prescribe the filing and verification of creditor claims, decisions adopted by administrator concerning creditor claims, as well as the procedure for filing of creditor claims and complaints related to the acknowledging, waiver or partial acknowledging of creditor claims. The issue of creditor claims in the insolvency proceedings of legal entities is studied in details on the basis of the legal regulations and conclusions of application theory and practice. The study contains no analysis of the regulations applicable to the insolvency of the participants of finance and capital market whereas they are supervised in accordance with the requirements of regulatory acts by the Financial and Capital Market Commission and their activities are governed by special legal norms. Even though the issue of creditor claims has been earlier discussed in the insolvency law science of Latvia, authors of the relevant studies have discussed them in brief. This leads to conclusion that the issue of creditor claims is topical and that theoretical and practical study thereof is significant for insolvency law of the present day. Empiric base of the study comprises scientist works and article collection materials, periodical materials and sources, legal acts, Internet resources and other publicly available information. The approaches used in exploring the study include analytical, comparative and deductive research methods. The study is developed with the following structure (the questions of study also represent parts of this work): 1) General description of filing creditor claims; Formal legal requirements applicable to creditor claims; 3) Status of creditor and complaints concerning claims

Insolvency and Public Safety: Criminal Law Aspects

Laiks, kas ir pagājis kopš jaunā Maksātnespējas likuma stāšanās spēkā (šis likums ir mainījis maksātnespējas koncepciju un procedūru norises gaitu, tādējādi ietekmējis krimināltiesisko aizsardzību), nav pietiekams, lai būtu izveidojusies tiesu prakse šajā jomā. Zinātniskās literatūras avotu par maksātnespējas krimināltiesiskās aizsardzības regulējumu Krimināllikumā nav daudz. Tomēr Maksātnespējas likuma vairāk nekā piecu gadu darbība ir piemērots brīdis maksātnespējas krimināltiesiskās aizsardzības problemātikas aktualizēšanai.The period since enactment of the new Insolvency Law that has changed the concept of insolvency as well as the course of procedure and, therefore, has affected the application of criminal legal protection has been too short for development of judiciary in this area. The few sources of scientific literature on the regulation of criminal legal protection of insolvency in the Criminal Law have been published before enactment of the new Insolvency Law. Five years of operation of the Insolvency Law is a milestone for updating the issues of criminal legal protection of insolvency and extended assessment of insolvency regulations in the Criminal Law