SKA Monthly Newsletter 2015/11
October 29, 2015
Changes in Legislation
In the Future Renewable Energy Producers Will be Able to Use the Existing Natural Gas Pipeline Infrastructure
During a session of the Cabinet of Ministers taking place on 13 October 2015 a draft regulation on “Requirements for injection and transportation of biogas and gas produced from biomass, as well as liquefied natural gas converted into a gaseous state into transmission system of natural gas”.
The regulation is drawn in conformity with the Energy Law and it mostly defines the technical and security requirements to ensure that the renewable energy resources, i.e. gas produced from the biogas, gas produced from biomass and liquefied natural gas converted into a gaseous state is delivered to the households. The regulation must promote the development of the natural gas market and the entry of new participants into the market, enhancing the liberalization process of the gas market within the territory of Latvia.
New Riga City Council Regulation on Law on Immovable Property Tax in Riga
On 1 January 2016 the Riga City Council’s new regulation on the calculation of immovable property tax within the Riga city administrative territory enters into force. The new law has been introduced to adjust the regulation to conform with existing amendments.
The purpose is to reduce the tax rates for properties that are inhabited, thus, where at least one person has declared his/her place of residence, and for non-residential buildings which are classified as residential. Tax rates for immovable property will be as follows: 0.2% of the cadastral value which does not exceed EUR 57 000, 0.4% of the cadastral value which exceeds EUR 57 000, but does not exceed EUR 107 000, and 0.6% of the cadastral value which exceeds EUR 107 000.
Draft Law on Amendments to the Law on Alienation of Immovable Property for the Public Purposes (Eminent Domain)
On 6 October 2015 the Cabinet of Ministers conceptually supported the draft law “Amendments to the Law on Alienation of Immovable Property for Public Purpose”. The aim of the draft law is to introduce a mechanism for the protection of interests of mortgage creditors taking into account the interests of the owner in cases where the immovable property has been alienated voluntary or by force for the public purposes.
Generally, it has been envisaged that the owner of an immovable property and the mortgage creditor in case of alienation of a property for public purposes concludes an agreement between themselves on the order and term of performance of the remaining liabilities. However, if such agreement cannot be reached then according to the draft law a new regulation will be introduced which provides that the compensation for alienable immovable property as determined by a public institution will be deposited to a deposit account of a sworn bailiff for a fixed term of six years with a purpose to protect the interests of a mortgage creditor.
Plans on Introducing an Emergency Call Button in Vehicles
On 14 October 2015 the Economic, Agricultural, Environmental and Regional Policy Committee of the Latvian Parliament (Saeima) concluded its work on a draft law with an aim to introduce a system called eCall.
The introduction of an emergency call button or eCall has been provided by European Union’s Regulation No. 305/2013, and the Memorandum of Understanding for Realisation of Interoperable In-Vehicle eCall, to which Latvia joined in 2011.
According to the requirements in the legislation of the European Union infrastructure of answering points necessary for the introduction of emergency calls within the EU member states, including Latvia, has to be completed by 1 October 2017.
The state has to ensure that eCalls are free of charge. The purpose of introducing eCall is to reduce the number of road deaths by increasing road safety, conscious of the fact that a timely made emergency call in many cases is critical for saving a life of a victim.
Homepage with an Information on Performing Cross-border Transactions in the Sphere of Immovable Property in Countries of the European Union
Notaries of Europe of the European Union have made a homepage “Buying Property in Europe” (www.buyingmyhome.eu). The homepage provides information on the national legislation with regards the purchase of immovable property in 22 European Union’s member states, including Latvia.
The homepage provides general information on the regulations existing in each member state with regards the process of preparation, signing and performing a contract. It also includes contacts of the notarial council of each state.
The goal of the webpage is to facilitate the process of performing transactions by providing a reliable and practically relevant review of each state’s most important regulations to ensure the safe purchase of real estate.
New Employee Joins Spigulis & Kukainis Team
We are pleased to announce that in September of 2015 Junior Associate Ms. Julianna Antonova joined the "Spigulis & Kukainis" team! Julianna is fluent in Latvian, Russian and English and currently continues her studies at the University of Latvia, planning to obtain bachelor's degree in Law in 2016.
Law Firm Spigulis & Kukainis Partner Arturs Spigulis Takes Part in Lawyers’ Forum Organized by the Competition Council
For the second consecutive year the Lawyers’ Forum organized by the Competition Council took place where relevant issues with regard to the application of Competition Law are discussed.
The main purpose of the event is to discuss issues related to the theoretical and practical application of Competition Law in Latvia, so that the application of said law is more unified and predictable.
“Spigulis & Kukainis” partner Arturs Spigulis took part in the Lawyers’ Forum which took place on 16 October 2015 with his own presentation on the challenges related to restricted information and its accessibility during matters before state institutions and courts.
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