Par kasācijas kārtībā izskatāmām lietām no 21. līdz 25.janvārim

Senāta Administratīvo lietu departaments rakstveida procesā izskatīs vienu lietu ar Valsts ieņēmumu dienesta iesniegtu kasācijas sūdzību par apelācijas instances tiesas spriedumu.

Senāta Civillietu departaments tiesas sēdē mutvārdu procesā izskatīs vienu kasācijas sūdzību. Rakstveida procesā izskatīs astoņas kasācijas sūdzības par apelācijas instances tiesas spriedumiem un divus kasācijas protestus par spēkā stājušiem pirmās instances tiesas nolēmumiem.

Senāta Krimināllietu departaments rakstveida procesā izskatīs trīs lietas, kurās kasācijas sūdzības par apelācijas instances tiesas nolēmumiem iesnieguši apsūdzētie un viņu aizstāvji.

Informācija par atsevišķām lietām:

1) Senāta Administratīvo lietu departaments 22.janvārī rakstveida procesā izskatīs Valsts ieņēmumu dienesta iesniegtu kasācijas sūdzību par Administratīvās apgabaltiesas spriedumu. Lietā ir strīds par Igaunijas komersanta, kas neveic uzņēmējdarbību Latvijā, bet veic uzņēmējdarbību citas dalībvalsts teritorijā, tiesībām prasīt pievienotās vērtības nodokļa atmaksāšanu par pakalpojumiem, kurus Igaunijas komersants saņēmis Latvijā. (Lieta SKA-76/2019).

2) Senāta Krimināllietu departaments 24.janvārī rakstveida procesā skatīs krimināllietu, kur par Rīgas apgabaltiesas spriedumu kasācijas sūdzības iesnieguši apsūdzētā un viņas aizstāvis.

Ar pirmās instances tiesas spriedumu apsūdzētā atzīta par vainīgu Krimināllikuma 329.pantā paredzētajā noziedzīgajā nodarījumā, proti, par to, ka viņa, būdama valsts amatpersona, kas brīdināta par ziņu neizpaušanu un kas saskaņā ar likumu ir atbildīga par ziņu glabāšanu, izpaudusi neizpaužamu ziņu, kas nav valsts noslēpums. Par minētā noziedzīgā nodarījuma izdarīšanu apsūdzētajai noteikts naudas sods piecu Latvijas Republikā noteikto minimālo mēnešalgu apmērā jeb 2150 euro. Apelācijas instances tiesa, iztiesājot krimināllietu apelācijas kārtībā, pirmās instances tiesas spriedumu atstājusi negrozītu.

Lietā aktualizēts jautājums par Krimināllikuma 329.pantā minētā noziedzīgā nodarījuma priekšmeta, proti, neizpaužamām ziņām izpratni. (Lieta Nr.SKK- 8/2019).

COMMENTS

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