bluuebunny/crossref_metadata_2025_split huggingface dataset:
Tiesiskuma nodrošināšanas instrumenti Eiropas Savienības rīcībā – līdzšinējie un jaunais papildinājums
Authors:   Latvijas Universitāte, Kucina Irēna ,   Valsts prezidenta padomnieku birojs
Published: June 2021

Rule of law is one of the fundamental values of the European Union. Over time, Court of Justice of the European Union, national constitutional and supreme courts and legal science, which form the common European legal space, have come to a more sophisticated and refined understanding of this notion – a concept, which more or less represents a shared understanding of what the rule of law means among all Member States. European Union cannot allow any of its Member States to deviate from this principle. It must have efficient tools for preventing such acts. The purpose of the Regulation 2020/2092 of the European parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (the Regulation) is to give European Union a more efficient tool for ensuring Member States compliance with the rule of law. In addition to the existing legal instruments, it provides an entirely unique mechanism, which links the EU budget to the respect for the rule of law. This article analyses the already existing mechanisms for the enforcement of rule of law and then takes an in-depth look at the new mechanism established by the Regulation. It can be concluded that the Regulation represents a compromise, which is not perfect, but still workable. Although the process established by the Regulation is political, and there are certain risks to rule of law, guidelines adopted by the Council will precisely formulate the specific mandate of both political bodies (the European Commission and the Council of the EU) and align it with the legal purpose of the procedure. It will also enable Court of Justice to decide on specific cases, albeit post factum. Therefore, this Regulation should be considered as a step forward towards more efficient enforcement of rule of law in the European Union.
ANO Drošības padomes prakse valstu atbildības gaismā (1945–1975)
Authors:   Rīgas Juridiskā augstskola, Miļūna Ieva 
Published: June 2021

This article examines the practice of the UN Security Council in the years 1945 to 1975 in light of state responsibility law. The author assesses the political organ’s practice in light of the main elements of state responsibility – breach of an international obligation, attribution of a conduct to a state, circumstances precluding wrongfulness and reparation. The author concludes that the UN Security Council’s determinations regarding situations Indonesia, India-Pakistan, North Korea, Middle East, South Africa, Cyprus and Southern Rhodesia comprise these elements. The author also comes to a conclusion that the po­litical organ develops its own regime of political responsibility comprising such elements as political prevention, political restitution and condemnation.
Informācijas avotu aizsardzība – žurnālista tiesības vai pienākums?
Authors:   Latvijas Universitātes Juridiskā fakultāte, Bīriņa Linda 
Published: June 2021

International law provides strong protection to journalists enabling them to refuse to divulge their confidential sources of information. However, there may be situations when a journalist is willing to expose the name of a confidential informant who had tried to manipulate the journalist by passing on false information. The article strives to determine whether protection of sources from journalist’s perspective is an absolute duty or it is a right that the journalist can choose to enforce depending on the particular situation. The author provides an insight into different approaches of ethical and legal requirements related to journalist’s right and duty to protect sources and concludes that an absolute duty should be avoided.
Ņujorkas konvencijas par ārvalsts šķīrējtiesas spriedumu atzīšanu un izpildi V panta otrās daļas piemērošanas problemātika
Authors:   Latvijas Universitātes Juridiskā fakultāte, Kačevska Inga 
Published: June 2021

By one of the recent decisions, the Latvian court did not recognise an ad hoc arbitration award made in the UK based on Article V(2)b) of NYC and Article 5(1)1) of the Arbitration Law (non-arbitrability rules). Arbitration agreement was concluded between a creditor and a guarantor, and the court found that in Latvia the domestic arbitration could not hear the disputes, the adjudication of which may infringe the rights of a person who is not a party to the arbitration agreement. The court concluded that in the arbitration case at hand, the main debtor’s rights were infringed, as the main debtor was not participating in proceedings. Thus, the dispute could not be resolved by the arbitration in accordance with legal doctrine and the Civil Law. This article discusses the nature and interpretation of Article V(2) of the NYC, the relation between sections a) and b), and the author gives a practical guidance on applicability hereto.
Atbildība par preču zīmes tiesību pārkāpumu
Authors:   Latvijas Universitātes Juridiskā fakultāte, Rozenfelds Jānis 
Published: June 2021

The liability for violation of trade mark rights until 2020 was regulated by the law “On Trade Marks and Indications of Geographical Origin” (Trade Mark Law) of 1999, which was in force until 2020. However, during the time period between 2002, when Latvia joined EU, and as late as 2016, the Trade Mark Law referred to the Latvian Civil Law (Civil Law) as the main source of law. The problem was that the traditional methods of damage calculation as established by Civil Law significantly differ from specific methods of calculation of damages caused by violation of IP rights as provided by the Directive No. 2004/48/EK. Latvia as a member state provided for the measures, procedures and remedies necessary to ensure the enforcement of the intellectual property rights covered by the Directive No. 2004/48/EK only in 2007, i.e., three years after the accession to the EU. Those measures, procedures and remedies were only gradually introduced.
Apstākļu izmaiņu ietekme uz līguma saistošo spēku un labas ticības princips
Authors:   Latvijas Universitātes Juridiskā fakultāte, Balodis Kaspars 
Published: June 2021

According to the Civil Law of Latvia, Article 1587, a contract imposes on a party a duty to perform the promise, and neither the exceptional difficulty of the transaction, nor difficulties in performance arising later, shall give the right to one party to withdraw from the contract, even if the other party is compensated for losses. The Civil Law does not recognise a fundamental change in circumstances as a ground for adjustment or cancellation of a contract, although the doctrine is well known in the country. In many cases, Covid-19 restrictions have been damaging to parties’ ability to perform their contractual obligations. Under certain conditions, the principle of good faith (Article 1 of the Civil Law) could be applied to adjust contracts to the changed circumstances.
Piespiedu servitūtu nodibināšana pret atlīdzību
Authors:   Latvijas Universitātes Juridiskā fakultāte, Kalniņš Erlens 
Published: June 2021

This article deals with the historic development of the legal framework related to the establishment of coercive servitude in Latvia and the understanding of the so-called “coercive servitude” institute in the existing law in Latvia, as well as the regulation of analogous legal institutes in the law of other states that are a part of the Germanic legal system (Germany, Switzerland, Austria), with the main focus on the establishment of coercive way servitude or the so-called “way of necessity” institute and the preconditions associated with its establishment, as well as the right of the owner of the encumbered (serving) immovable property to receive an adequate remuneration for establishing such limitation, which, by way of legal analogy, should also be recognized in the practice (judicature) of the Senate of the Supreme Court.
Pierādīšanas nasta atbildības par vainojamu rīcību piemērošanā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Brants Edijs 
Published: June 2021

In this article, the author analyses the burden of proof in determination of fault-based liability. The main focus is placed on the first prerequisite of civil liability – fault, which can be defined as non-compliance of the factual conduct with the required standard of care (in form of negligence or intent). Currently, the aspect of burden of proof regarding fault is quite unclear in Latvian private law. Therefore, in this article the author answers the fundamental question: which party has the legal duty to prove the prerequisite “fault” (or its absence) according to the Civil Law? Additionally, the author will also outline the peculiarities of burden of proof in both tort law and contract law.
Mākslīgais intelekts un nākotnes regulējuma dilemma
Authors:   Latvijas Universitātes Juridiskā fakultāte, Purmalis Ritvars 
Published: June 2021

Digital innovations such as artificial intelligence systems, although limited in their current operational capacity, can be considered to be part of our daily life. Various ways in which these systems are implemented into day-to-day aspects directly affect not only the further development of the industrial sector but the society as a whole. The purpose of this article is to provide a brief insight into the current situation and the various initiatives of the European Union institutions in relation to the methodology for the application of civil liability in the case of damage caused by artificial intelligence systems, as well as to assess the content of future regulatory framework that has been published by the European Parliament, with whom it is intended to establish a common methodology throughout the European Union for the application of civil liability regime, if the damage is caused by artificial intelligence systems.
Obligāciju veidu un civiltiesiskās apgrozības attīstība
Authors:   Latvijas Universitātes Juridiskā fakultāte, Zeņķis Pauls 
Published: June 2021

A bond is a debt security, under which its issuer undertakes to repay to the bondholder the principal of the bond and the interest (the coupon) at a specified point in time, that is to be considered as the extinguishing of bonds. There are several types of bonds: bonds issued by the public sector, bonds issued by capital companies, publicly available bonds, private bonds, convertible bonds, subordinated bonds, etc. Several forms of bonds – bonds of materialized and dematerialized form – are also present. Bonds, their types, emission, purchase, acquisition of ownership, circulation on the secondary market and extinguishing of bonds have been developing since the origins of bond. This necessitates an understanding of the changes in the basic characteristics of bonds and their civil circulation.
Interešu līdzsvara apsvērumi Komerclikuma 172. panta sestajā daļā noteiktā prasības celšanas termiņa vērtējumā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Rasnačs Lauris 
Published: June 2021

Various Latvian legal scholars have provided different opinions as to the legal substance of 3 month period time limit, provided in the paragraph 6, article 172 of Latvian Commercial Law. The present article is intended as a discussion with authors – Professor Jānis Kārkliņš, Mg. iur., Dr. iur. cand. Edijs Brants and Mg. iur., Dr. iur. cand. Evija Novicāne, who have provided the opinion that the said time limit is set only in order to discipline representatives of a company to file a claim against members of management or supervisory board, shareholders or auditor in due time. In author’s opinion, the failure to file the said claim within specified time limit precludes a company from further legal proceedings against the said defendants.
Apstākļu izmaiņas ietekme uz spēkā stājušos tiesas spriedumu
Authors:   Latvijas Universitātes Juridiskā fakultāte, Bērziņš Gaidis 
Published: June 2021

The purpose of the article is to assess whether, in the event of a change in circum­stances, it is permissible to review the entry into force of a judicial decision, establishing a relationship which, after changes in circumstances, does not comply with the principle of equality and justice.
Mantojuma masas juridiskā daba jeb “kas lācītim vēderā?”
Authors:   Latvijas Universitātes Juridiskā fakultāte, Zīle Kristīne 
Published: June 2021

Any potential heir is interested to learn what he/she shall inherit. Therefore, it is of paramount importance to understand what are the contents of the estate, or, in other words, what is the meaning of “rights and commitments transferable to others” referred to in Article 382 of the Civil Law. Do any legal proceedings allow for replacement of the claimant or defendant with his/her heirs? Does any legal relationship allow for further transfer of rights? Further, after the opening of inheritance, the estate as a legal entity is entitled to substitute the deceased person. Although legal concept of the estate as a legal entity and its respective rights and obligations do not create issues from the perspective of civil law and civil procedure law, the situation is different from the perspective of administrative law, where this concept is disputable and there are controversial court rulings on this subject.
Mantojuma līguma sekas un to juridiskā daba
Authors:   Latvijas Universitātes Juridiskā fakultāte, Reide Alise 
Published: June 2021

According to Article 639 of the Civil Law, with an inheritance contract one party (an estate-leaver) grants the rights to his future inheritance or its part to another party (a contractual heir). As the inheritance contract establishes only a future invitation to inherit, it grants to the contractual heir only the right to wait for his future inheritance, but not an immediately effective right to the present property of the estate-leaver. However, the right of the estate-leaver to dispose of the movable and immovable property bequeathed by the inheritance contract can be restricted. If the inheritance contract concerns immovable property and it has not been registered in the Land Register, it is not valid against third persons, and the estate-leaver can fully exercise his property rights.
Civilprocesuālās aizsardzības pret vardarbību tiesību normu piemērošanas problemātika un aktuālie grozījumi normatīvajā regulējumā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Lībiņa-Egnere Inese 
Published: June 2021

The article examines introduction of a civil procedural mechanism – temporary protection against violence – in the legislation of Latvia in 2014, and the basic rules for its application. Additionally, the article examines other significant amendments made during the introduction of the complex regulation on temporary protection against violence. Continuous legislative improvements are important, given that an efficient and fair regulatory and legislative framework is a key factor in combatting violence. Over the past year, multiple issues concerning the application of the regulation on temporary protection against violence have emerged; as a result, several improvements have been made to the legal framework of this mechanism.
Apelācija un ar to saistītie procesuālie jautājumi
Authors:   Latvijas Universitātes Juridiskā fakultāte, Krūmiņš Mārcis 
Published: June 2021

The article reflects upon an issue concerning the different situation of the appellants and the cross-appellants in the submission deadline. This issue is addressed through the prism of procedural equality of the parties. Although the importance of procedural equality of the parties is emphasized in court practice, the legislator has ignored the issue under consideration. The accuracy of the factual analysis in the appeal is also emphasized, which allows the court to better assess the positions of the parties in the particular case.
Digitālā satura nodošana apmaiņā pret patērētāja piekrišanu personas datu apstrādei
Authors:   Latvijas Universitātes Juridiskā fakultāte, Dāvida Zanda 
Published: June 2021

In recent decades, the Internet and the development of digital technologies have promoted the appearance of new digital products. New business models have emerged, in which digital content or digital services are also provided, and in exchange for these, the consumer does not pay a fee but instead provides personal data to the trader. Different forms of such business models are used in a considerable part of the market. This issue was recognized by the EU legislator when drafting Directive 2019/770 on certain aspects of contracts for the supply of digital content and services. The author of the paper will analyse the implementation of Directive 2019/770 and its effects in the field of contract law in Latvia, in cases where the consumer does not pay a fee but provides personal data to the trader. The aim of the paper is to evaluate the implementation provisions and to identify potential gaps in the regulation in the analysed area, and, finally, to assess whether the goals of the Directive are achievable.
Jānis Pliekšāns tiesību idejas meklējumos Raiņa filozofijā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Lazdiņš Jānis 
Published: June 2021

The article is dedicated to the legal philosophical views of poet Jānis Pliekšāns (Rainis) about freedom, the people and the state. For Rainis, these concepts constitute a united philosophical system, founded on the idea of a free, happy, socialist State of Latvia. Of course, all nations, not only Latvians, are entitled to a state of their own. However, the idea of a state is not eternal. With time, states will voluntarily unite in one socialist global state. Freedom, democracy and genuine respect for nations’ rights differentiate Rainis from Pēteris Stučka and other communists. The author believes that, in the contemporary understanding, Rainis’ socialist state would be a socially responsible state.
Nacionālās tiesību avotu doktrīnas attīstība gadsimta laikā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Rezevska Daiga 
Published: June 2021

National doctrine of sources of law is characterised by several criteria, namely, it is original from the perspective of the titles of the sources of law and the types of the sources of law; it belongs to the particular system of law; it is also reflective – it reflects the basic norm of the given legal arrangement, as well as the authoritative meaning of law at the specific time; and it is changeable – it develops alongside the development of the legal arrangement itself. The basis for the national doctrine of sources of law in Latvia was set already in the 1920s, while Juris Jelāgins is considered to be the founder of the contemporary national doctrine of sources of law.
Radošums, ražošana un tiesību zinātne
Authors:   Latvijas Universitātes Juridiskā fakultāte, Apse Diāna 
Published: June 2021

The purpose of this article is to analyse and to consider the most important aspects of creative jurisprudence, which are important for a common legal order in the era characterised by the birth of new systems and ideas. Attempts were made to find answers to the following questions: whether the conditions of the pandemic and the technocratisation of all fields have a significant impact on lawyers, law students, law education/academics from the point of view of the concepts of production and creativity. It has been found that specific doctrinal insights are becoming increasingly important in the clarification and application of existing and newly created rights, which is a valuable argument in the drafting of a legal act. This article is predominantly relevant from a theoretical point of view.
Tiesību teorija Latvijā starpkaru periodā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Pleps Jānis 
Published: June 2021

After proclamation of the independence of the Republic of Latvia, it was necessary to create national legal system. In this context, every national legal system needs its own legal theory. Legal theory in the Latvian legal system was based on succession of the former Russian legal theory traditions. The leading legal minds of new Latvian legal system had graduated from the universities of Russian Empire and practiced law in the Russian legal system. They continued their work in the Republic of Latvia, contributing to the new legal system. Furthermore, they created necessary foun­dations for impressive development of legal theory in Latvia during the interwar period. Prospective development of legal theory was interrupted by Soviet and Nazi occupations, and only partly continued in the exile.
Stambulas konvencijas ratificēšana Eiropas Savienības personā pretēji visu Eiropas Savienības dalībvalstu piekrišanai
Authors:   Latvijas Universitātes Juridiskā fakultāte, Soņeca Viktorija 
Published: June 2021

In the words of the Venice Commission, “[t]he added value of the Istanbul Convention [..] is that it is the first European instrument to deal with violence against women and domestic violence in a comprehensive manner. It introduces new provisions requiring a specific institutional setup [..] and foresees concrete prevention measures [..]; protection measures [..] and – under substantive law – civil, administrative and criminal law measures, as well as procedural safeguards for victims. It is also the first European instrument that links these phenomena expressly to harmful gender stereotypes.” However, accession to the Istanbul Convention has provided the backdrop for considerable tension both amongst the Member States and in the European Union. On the one hand, the participation of the former has been characterized by divergent approaches, tensions and controversy. On the other hand, there has been an inter-institutional conflict about the signature and conclusion of the Istanbul Convention on behalf of the European Union. This conflict is about everything a European Union external relations lawyer would like to talk about, namely, competences, procedure, and political disagreement. At the time of writing, these issues are examined by the European Court of Justice after the European Parliament requested an opinion under Article 218(11) of the Treaty on the Functioning of the European Union.
Satversmes tiesas loma leģisprudences attīstībā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Stupins Andrejs 
Published: June 2021

Concurrently with the increase in case throughput in the last four years, a transformation can be observed in the methodology of the Constitutional Court of the Republic of Latvia (Satversmes tiesa), specifically pertaining to assessing the quality of lawmaking, which leads to further understanding of the principle of good legislation. Without a doubt, such changes, including the processualization of encroachment on fundamental rights, have impacted the interaction and joint functioning of two constitutional bodies – parliament (Saeima) and ­Satversmes tiesa – as well as the content of the principle of inter-institutional ­loyalty. This article emphasizes the impact of such reasonably dynamic (and, arguably, evolutionary or even revolutionary) changes on the process of new lawmaking. Additionally, within the context of the power of Satversmes tiesa, its role in the development of legisprudence is examined.
Būvprojekta apstiprināšana Latvijā 1920.–1940. gadā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Bruģe Zoja 
Published: June 2021

The article considers the legal aspects of construction law in Latvia in 1920–1940, describing historical legal aspects of the building plan (construction project, building design) approval process. Requirement to approve the building plan was the main precondition for implementing the idea of construction. The article is the first study about legal aspects of the construction industry on the issue of the building plan approval process in Latvia in 1920–1940.