Search

On Compliance of the First Part of Section 257 of Latvian Administrative Violations Code with Article 105 of the Satversme of the Republic of Latvia

Constitutional Court held:
1. To recognise the words in the second sentence of Section 257 of the Latvian Administrative Violations Code “[if such administrative violation has been committed, which is provided for in Section 1494, Paragraph seven; Section 1495, Paragraph four or Section 14915 of this Code (except for the violation provided for in Paragraph six) up to the implementation of the fine applied]:
1) with regard to Liene Vegnere, as being incompatible with Article 105 of the Satversme of the Republic of Latvia and invalid as of 14 June 2012;
2) with regard to other vehicle owners (holders indicated in the vehicle registration certificate), who have not committed the administrative violation for which a fine has been imposed and whose vehicles on the day when this Judgement is published are stored by the Provision State Agency, as being incompatible with Article 105 of the Satversme and invalid as of the date when the decision was adopted in the respective administrative case;
3) with regard to other vehicle owners (holders indicated in the vehicle registration certificate), who have not committed the administrative violation for which a fine has been imposed, as being incompatible with Article 105 of the Satversme of the Republic of Latvia and invalid as of the date when the Judgement by the Constitutional Court is published.
2. To establish the following procedure for implementing the Judgement by the Constitutional Court: the Provision State Agency, on the basis of this Judgement, shall return vehicles in its storage to the owners and holders of vehicles indicated in the registration certificate of a vehicle referred to in subparagraph 1 and 2 of Para 1 in the Substantive Part of this Judgement upon their request, irrespectively of the enforcement of the fine.