Tiesības uz taisnīgu tiesu civilprocesā

The doctoral thesis “Right to a fair trial in civil proceedings” studies the norms and
effectiveness of the civil procedure law, as well as the degree of quality sufficiency so that persons
can successfully exercise their procedural rights, these opportunities provided for or included in other
laws, incl. mutual coherence of the regulation of the Civil Procedure Law and other norms. These
possibilities are naturally indicated by the mechanisms for increasing and ensuring the efficiency of
the process, especially those that are not punitive in relation to the person. As one of the important
opportunities to increase the efficiency of civil proceedings - the stage of preparation of a quality
case and the role of the link in the stage of preparation of the case.
The purpose of the dissertation is to identify the shortcomings of legal regulation, the
problems of its application and the identification of their causes by conducting a study of the rules
governing civil proceedings in connection with the explanations of the Constitutional Court on the
importance of the implementation of procedural rights, as well as analyzing the opinions of legal
scholars and judicial practice. For this purpose, the author does research and examine the
development and trends of procedural instruments that are designed to promote efficiency, as well
as changes in the Civil Procedure Law over a longer period of time, that is, from 2003 to 2021, and
the negative aspects of insufficient and/or contradictory regulation and related to those aspects
problems. To illustrate the problems, the most typical court rulings are mentioned, as well as works
of legal scholars and other authors, in which the relevant field and/or problem issue is directly or
indirectly examined or studied in full or in part. In order to deduce the development tendencies of
the Civil Procedure Law, as well as understanding the translations of the essence and content of the
term “appropriate process” of the right to a fair trial, the author studies and analyzes the findings
and/or explanations expressed in Constitutional Court judgments compliance with Article 92 of the
Satversme (Constitution) of the Republic of Latvia.
Within the framework of the tasks, the procedural instruments that have or may have a direct
impact on the efficiency of the process, as well as the impact of these instruments on a person's
ability to exercise their procedural rights, research and analyze case law regarding case preparation,
preparatory hearings, the role of a judge at the stage of the proceedings and its further impact on the
course of the proceedings, as well as the impact of the out-of-court proceedings on the course of the
case in court. Within the framework of the work, the author performs a comparative analysis of civil
procedure norms with similar or identical norms in foreign norms regulating civil procedure, incl. In
the norms of civil procedure of the Baltic States, norms of other European Union countries, as well
as in the Russian Federation. As a result of the analysis and comparison, conclusions are made about
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the further possibilities of development and improvement of procedural tools promoting the
efficiency of the process, incl. their positive and negative aspects.
The doctoral thesis consists of an introductory part and three theoretical-practical research
chapters, with subchapters, in which the author comprehensively examines the research object and
subject, highlights problems, examines the impact of identified problems on the process and
opportunities to achieve goals of the civil proceeding. The total volume of the work is 150 pages. At
the end of the work the author's conclusions and proposals arising from the research object and
related and / or identified problems are included, while the author gives scientifically substantiated
and precise proposals for solutions to the identified problems and process improvement and positive
development, while identification of the causes allows them to be identified, researched, as well as
to prevent the introduction of similar or identical errors and shortcomings in the law in the future,
thus improving the quality of the norm and the quality of the results achieved in the process.
To achieve the tasks, the author uses appropriate selected theoretical scientific research
methods, such as - historical, analytical, as well as comparative method, descriptive, critical analysis
and problem analysis method, as well as appropriate methods of legal norm interpretation,
grammatical, historical, systemic and teleological method.