Kā lai investori uzticas valstij, ja tiesneši netur vārdu un pārkāpj termiņus?

 

justice-delayed-justice-deniedKāds klients (ārvalsts investors) padalījās ar savu rūgto pieredzi Latvijas tiesā. Rīgas apgabaltiesā viņš guva apstiprinājumu senajam tautas ticējumam, ka solīts makā nekrīt. Un tas nekrīt pat tad, kad likums to paredz. Runa ir par tiesas spēju sagatavot spriedumu likumā noteiktajā termiņā.

Saīsinātais spriedums

Situācija bija tāda, ka klients iesniedza tiesā apelācijas sūdzību, kura samērīgā termiņā tika arī izskatīta. Pēc 14 dienām klientam tika paziņots saīsināts spriedums – apelācijas sūdzība noraidīta. Civilprocesa likums pieļauj šādus saīsinātus spriedumus taisīt, kad lietas ir sarežģītas. Un tādā gadījumā tiesai ir pienākums pilnu spriedumu (ar motivāciju, argumentāciju un secinājumiem) sagatavot 14 dienu laikā. Tikai pilns spriedums dod priekšstatu par to, vai tiesas secinājumi ir pamatoti, un vai ir pamats iesniegt Kasācijas sūdzību Augstākajā tiesā.

Pilns spriedums netika sagatavots pēc 14 dienām. Tiesneša palīgs atzina, ka tiesneši nav paguvuši spriedumu uzrakstīt. Lūdza pārzvanīt pēc nedēļas. Pēc nedēļas spriedums arī nebija sagatavots, un atkal palīgs teica, ka pilnais spriedums būs pēc nedēļas. Spriedums nebija gatavs arī tad, kā arī vēl pēc nedēļas. Pagāja vēl viena nedēļa, un pilns spriedums vēl joprojām nebija. Šādā veidā, epizodiski kontaktējoties ar tiesas personālu,  klients saņēma regulārus solījumus, bet solījumi ar tādu pašu regularitāti netika pildīti.

Klients zaudēja pacietību. Situācija atgādināja ainu no parādu piedzinēja bezcerīga dialoga ar hronisku parādnieku. Šādā dialogā parādnieks parasti cenšas “barot ar rītdienu” un piedzinējs negribīgi piekāpjas, dodot pēdējo iespēju.

Sūdzība ministram un tiesas vadībai

Gandrīz trīs mēnešus pēc saīsinātā sprieduma klients uzrakstīja sūdzību Tieslietu ministram un apgabaltiesas vadībai. Sūdzība akcentēja tiesas nespēju pildīt likumā noteiktos pienākumus, labas pārvaldības trūkumu un tiesības uz taisnīgu tiesu pārkāpumu.

Nedēļu pēc sūdzības nosūtīšanas klients beidzot saņēma pilnu spriedumu (pilnīga sagadīšanās). Pēc pāris dienām tika saņemta arī tiesas priekšsēdētājas atbilde. Vēstulē klientam tika izteikta atvainošanās un apsolīts turpmāk pievērst uzmanību laika plānošanai (vai tad līdz šim neplānoja?). Tomēr svarīgākā esence ir šāda. Disciplinārlietu pret referējošo tiesnesi nav pamata rosināt. Kavēšanās ar sprieduma sagatavošanu ir saistīta ar tiesneša noslodzi. Tiesnesim mēnesī esot bijis jāsagatavo vidēji 27,5 (!!) nolēmumi. Turklāt šāda noslodze vidēji esot pilnīgi visiem apgabaltiesas civillietu kolēģijas tiesnešiem.

Ko no minētā var secināt? Likumā noteiktais pienākums tiesai sagatavot pilnu spriedumu 14 dienu laikā nav praktiski izpildāms. Tas ir deklaratīvs. Konkrētajā gadījumā tiesai vajadzēja vairāk kā trīs mēnešus. Tāpat secināms, ka tiesneši strādā uz spēku izsīkuma robežas. Turklāt tas notiek apstākļos, kad tiesas personāla mainība pārsniedz pat 40% gadā.

Vai tas veicina tiesiskumu?

Šāda situācija slēpj daudzus riskus. Pirmkārt, konkrētās lietas apstākļos klients bažījās, vai tiesa spēs atcerēties un pilnvērtīgi izklāstīt sprieduma pamatojumu. Ar tādu noslodzi (27,5 nolēmumi mēnesī) sanāk, ka tiesnesis laika posmā starp saīsināto spriedumu un pilno spriedumu bija izspriedis gandrīz 90 citas lietas. Tas prasītu ārkārtēju, pat pārcilvēcīgu piepūli, lai distancējoties no citām lietām, tiesnesis spētu atcerēties visus tiesas sēdē izteiktos apsvērumus un dot tiem kvalitatīvu un izvērstu atbildi. Klients nekļūdījās – pilnajā spriedumā pamatojums nebija garāks par dažām rindkopām. Neatbildēts arī ir jautājums, kad pilnais spriedums būtu sagatavots, ja klients nebūtu iesniedzis sūdzību?

Taču būtiskākā problēma ir cita. Valsts centieni pārliecināt investorus investēt Latvijā, apgalvojot, ka viņu investīcijas šeit aizsargās efektīva un profesionāla tiesa, draud pārvērsties par tukšu ziepju burbuli. Ne Tieslietu ministrija, ne apgabaltiesas vadība nesaskata problēmu, ka tiesa būtiski pārkāpa likumā noteiktos termiņus (patiesības labad gan jāpiebilst – Tieslietu ministrija vēl nav atbildējusi uz sūdzību). Atbilde bija vienkārša – Jums ir tiesības iesniegt kasācijas sūdzību.  Turklāt netika saskatīta problēma arī tajā, ka tiesas darbinieki sistemātiski mānijās, solot neizpildāmo.

Tas nevairo uzticību ne tiesu varai, ne valstij kopumā. Turklāt tiesas priekšsēdētājas atbilde, ka caurmērā visiem tiesnešiem ir vienādi liela noslodze, liek secināt, ka ar neprognozējamu tiesu sistēmu kādu laiku vēl būs jāsamierinās. Nav dzirdēts ne par likumdevēja plāniem palielināt tiesas darbinieku skaitu, ne par citiem plāniem problēmas risināšanai.

Kā lai investori uzticas valstij, ja tiesneši strādā uz spēku izsīkuma robežas, neievēro termiņus un netur vārdu?

 

*Foto: http://www.imagesbuddy.com

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