Print Courts Act
(16.12.92 entered into force 01.01.93)
Source : Estonia Legal Translation Centre (http://www.legaltext.ee/en/andmebaas/ava.asp?m=022)
(RT11991, 38, 472),
Passed on 23 October 1991,
amended by the following Acts:
07.02.2001 entered into force 01.03.2001 - RT I 2001, 21, 113;
07.06.2000 entered into force 01.07.2000 - RT I 2000, 51, 321;
18.04.2000 entered into force 01.06.2000 - RT I 2000, 35, 219;
17.12.97 entered into force 01.05.98 - RT I 1998, 4, 62;
06.06.96 entered into force 01.10.96 - RT I 1996, 42, 811;
26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967;
17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631;
23.02.95 entered into force 27.03.95;
14.12.94 entered into force 29.12.94;
23.11.94 entered into force 01.01.95;
26.10.94 entered into force 28.11.94;
15.09.93 entered into force 01.12.93;
04.05.93 entered into force 21.05.93;
16.12.92 entered into force 01.01.93.
Part I
General Provisions
§ 1. Judicial power in Republic of Estonia
(1) In the Republic of Estonia, justice is administered by courts which are the only authority with judicial power.
(2) In the first instance, justice is administered by county, city and administrative courts, in the second instance, justice is administered by circuit courts and in the highest instance by the Supreme Court.
(16.12.92 entered into force 01.01.93)
(3) Specialised courts with specific jurisdiction may be formed on the basis of an Act.
(16.12.92 entered into force 01.01.93)
(4) It is prohibited to create emergency courts.
§ 2. Legal basis of courts administration
In the Republic of Estonia, courts administration is provided for in the Constitution and this Act.
§ 3. Function of courts
The function of a court is to protect the rights and freedoms of every person in compliance with the Constitution and Acts of the Republic of Estonia.
(16.12.92 entered into force 01.01.93)
§ 4. Right to judicial protection
(1) Every citizen has the right to judicial protection in cases of violations against life, health, personal freedoms, property, honour and dignity, and violations of other rights and freedoms ensured by the Constitution. Justice shall be administered on the principle that all citizens are equal before the law and the court.
(2) Citizens of foreign states and stateless persons have the right to judicial protection in the territory of the Republic of Estonia equal to the right to judicial protection of Estonian citizens unless otherwise provided by international agreements entered into by the Republic of Estonia.
(16.12.92 entered into force 01.01.93)
(3) Pursuant to the Constitution, legal persons have the right of recourse to courts in order to have their violated rights and freedoms protected.
(16.12.92 entered into force 01.01.93)
§ 5. Language of judicial proceedings
(1) Judicial proceedings shall be conducted in Estonian. Judicial proceedings may be conducted in another language if the court and the persons concerned are proficient in the language.
(2) Persons concerned who do not understand the language of the judicial proceedings shall be ensured the right to examine the records of the matter and participate in the judicial proceedings through an interpreter or translator. They have the right to be heard in court in their native language or in a language in which they are proficient, at their own choice.
§ 6. Public hearings of matters in court
(1) Court sessions shall be public. A court may, pursuant to the provisions of court procedure, declare that a session or a part thereof be heldin camerato protect a state or business secret, morals or the private and family life of a person, or where the legitimate interests of a minor, a victim, or justice so require.
(2) Court judgments shall be pronounced publicly, except in cases where the legitimate interests of a minor, spouse or victim require otherwise.
(16.12.92 entered into force 01.01.93)
§ 7. Composition of panel of court upon hearing of civil, criminal and administrative matters
(1) In courts of first instance, a judge shall adjudicate civil and criminal matters and administrative offence matters sitting alone or, in the cases provided for in Acts concerning court procedure, a court shall adjudicate matters collegially with the participation of one judge and two lay judges. In courts of first instance, administrative matters shall be adjudicated by a judge sitting alone, or collegially by the court, pursuant to the Code of Administrative Court Procedure.
(07.06.2000 entered into force 01.07.2000 - RT I 2000, 51, 321)
(11) Pursuant to § 1961of the Criminal Code, criminal matters may be adjudicated by a panel of three judges.
(17.04.96 entered into force 24.05.96 - RT I 1996, 31, 631)
(12) The chairman of a county or city court may include administrative court judges in hearings of civil, criminal or administrative offence matters with the consent of the chairman of the administrative court. The chairman of an administrative court may include the judges of other administrative courts or county or city courts in hearings of administrative matters with the consent of the chairman of the corresponding court. In order to include a judge, his or her consent is necessary.
(07.06.2000 entered into force 01.07.2000 - RT I 2000, 51, 321)
(2) (Repealed –26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967)
(21) A judge sitting alone shall decide on making of a ruling on entry order or imposition of fine pursuant to the procedure provided for in the Commercial Code, Non-profit Associations Act and Foundations Act.
(06.06.96 entered into force 01.10.96 - RT I 1996, 42, 811)
(3) At least three judges shall participate in the hearing of matters by way of appeal proceedings in the sessions of Chambers of circuit courts. The chairman of a circuit court, with the approval of the chairman of the corresponding court, has the right to include county, city or administrative court judges of the same circuit who have not participated in the hearing of the matter in the first instance in a panel of the court for hearing a matter by way of appeal proceedings.
(07.06.2000 entered into force 01.07.2000 - RT I 2000, 51, 321)
(31) In circuit courts, the Chairman of the Administrative Chamber may include judges of other Chambers in hearings of administrative matters with the consent of the chairman of the corresponding Chamber, and the Chairmen of the Civil and Criminal Chambers may include judges of the Administrative Chamber in hearings of civil, criminal and administrative offence matters, respectively, with the consent of the Chairman of the Administrative Chamber. In order to include a judge, his or her consent is necessary.
(07.06.2000 entered into force 01.07.2000 - RT I 2000, 51, 321)
(4) At least three judges shall participate in the hearing of matters by way of cassation proceedings in the sessions of Chambers of the Supreme Court.
(15.09.93 entered into force 01.12.93)
§ 71. Division of cases
In courts of first instance and courts of appeal where more than one judge administers justice, civil, criminal and administrative matters shall be divided between judges and panels at random, taking into account the specialisation of judges if necessary. The procedure for the division of matters shall be approved by the general meeting of judges of the corresponding court.
(18.04.00 entered into force 01.06.00 - RT I 2000, 35, 219)
§ 8. Lay judges
(1) Lay judges shall participate in the administration of justice in the courts of first instance pursuant to the rules of civil and criminal procedure.
(2) Lay judges shall have equal rights with judges in the administration of justice.
§ 81. Assistant judges
Assistant judges shall perform the duties provided for in law.
(26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967)
§ 9. Legal aid
(1) Everyone is entitled to legal aid in order to protect his or her rights and freedoms at all stages of judicial proceedings.
(16.12.92 entered into force 01.01.93)
(2) In criminal proceedings, sworn advocates of the Republic of Estonia, senior clerks and clerks of sworn advocates and other persons with the permission of the court may act as defence counsels.
(23.11.94 entered into force 01.01.95 - RT I 1994, 86/87, 1487)
§ 10. Presumption of innocence
(1) An accused at trial does not have the duty to prove his or her innocence.
(2) No one shall be presumed guilty of a criminal offence until a conviction by a court against him or her enters into force.
§ 11. Participation of prosecutors in hearing of matters in courts
(1) Prosecutors may participate in the hearing of civil, criminal and administrative matters in courts pursuant to the procedure prescribed by law.
(2) A prosecutor shall represent public prosecution in criminal proceedings.
§ 12. Prohibition on interference with adjudication of matters
(1) It is prohibited to interfere with the activities of judges, assistant judges or lay judges in the administration of justice and performance of other duties arising from law.
(2) The influencing of judges, assistant judges or lay judges with the purpose to hinder the hearing of a matter from all perspectives, thoroughly and objectively or the making of a judgment shall result in administrative or criminal liability.
(3) It is prohibited to hold demonstrations or perform other acts which may interfere with the administration of justice in courtrooms and other premises where court sessions are held.
(26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967)
§ 13. Expenses of administration of justice
(1) The administration of justice is financed from the state budget.
(2) The state shall ensure the systematic publication of judicial practice in print.
(3) Court expenses shall be provided for in law.
(4) The state shall compensate for the damage caused by a court error made or an illegal act of a court taken in the administration of justice on the basis of and pursuant to the procedure prescribed by law.
§ 14. Working time in courts
(1) Justice is administered on working days.
(2) During the periods from 1 June to 1 September and 24 December to 6 January, courts may work with partial work load.
(16.12.92 entered into force 01.01.93)
§ 15. Voting in courts
(1) All judgments shall be made by a simple majority vote.
(2) It is prohibited to abstain from voting or to remain undecided.
(3) Upon an equal division of votes, the vote of the presiding judge decides the matter.
(16.12.92 entered into force 01.01.93)
Part II
Court System
Chapter I
Courts of First Instance
§ 16. County and city courts
(1) The Riigikogu2shall determine the total number of county and city courts and county and city court judges on the proposal of the Minister of Justice which is approved by the Supreme Court.
(26.10.94 entered into force 28.11.94 - RT I 1994, 81, 1382)
(2) The Minister of Justice shall determine, with the approval of the Supreme Court, the territorial jurisdiction and location of and the number of judges in county and city courts.
(26.10.94 entered into force 28.11.94 - RT I 1994, 81, 1382)
(3) Judges of county and city courts shall be appointed by the President of the Republic, on the proposal of the Supreme Court.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
(4) The Minister of Justice shall, with the approval of the Supreme Court, appoint the chief judge of a county or city court with several judges.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
(5) If the chairman of a county or city court has not appointed, for the period of his or her absence, an acting chief judge, a judge who is senior in office and is present shall substitute for the chief judge.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
(51) The Minister of Justice shall determine the number of assistant judges in county and city courts, having considered the opinion of the chairman of the corresponding court.
(26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967)
(52) The Minister of Justice shall appoint assistant judges to office and release assistant judges from office, having considered the opinion of the chairman of the corresponding court.
(26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967)
(6) The Minister of Justice shall approve the rules of county and city courts and the land registries and registration departments in the composition thereof.
(26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967)
§ 17. Jurisdiction of county and city courts
(1) County and city courts shall hear all civil and criminal matters.
(2) A county or city court shall decide on the making of entries in registers maintained by the land registry pursuant to law in the territorial jurisdiction of the land registry in the composition of the court and other duties.
(3) The chairman of a county or city court or one or several judges appointed by the chairman shall decide on the making on commercial registry entries concerning undertakings which fall within the territorial jurisdiction of the court and on imposition of fines, and on the making of non-profit associations and foundations registry entries concerning non-profit associations and foundations which fall within the territorial jurisdiction of the court and on imposition of fines.
(06.06.96 entered into force 01.10.96 - RT I 1996, 42, 811)
(4) (Repealed - 07.06.2000 entered into force 01.07.2000 - RT I 2000, 51, 321)
§ 18. Administrative courts
(1) (Repealed - 07.06.2000 entered into force 01.07.2000 - RT I 2000, 51, 321)
(2) The Riigikogu shall determine the total number of administrative courts and administrative court judges on the proposal of the Minister of Justice which is approved by the Supreme Court.
(26.10.94 entered into force 28.11.94 - RT I 1994, 81, 1382)
(3) The Minister of Justice shall determine the territorial jurisdiction and location of administrative courts and the number of judges to be appointed to office therein with the approval of the Supreme Court.
(26.10.94 entered into force 28.11.94 - RT I 1994, 81, 1382)
(4) Judges of administrative courts shall be appointed to office by the President of the Republic, on the proposal of the Supreme Court.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
(5) The Minister of Justice shall appoint the chairman of an administrative court after the Supreme Court has approved the candidature.
(07.06.2000 entered into force 01.07.2000 - RT I 2000, 51, 321)
(6) If the chairman of an administrative court has not appointed an acting chief judge for the period of his or her absence, a judge who is senior in office and present shall substitute for the chief judge.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
(7) The Minister of Justice shall approve the rules of administrative courts.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
§ 19. Jurisdiction of administrative courts
(1) Administrative courts shall hear all administrative matters which are placed within their competence by law.
(2) (Repealed - 07.06.2000 entered into force 01.07.2000 - RT I 2000, 51, 321)
Chapter II
Courts of Appeal
§ 20. Circuit courts
(1) The Riigikogu shall determine the total number of circuit courts and circuit court judges on the proposal of the Minister of Justice which is approved by the Supreme Court.
(26.10.94 entered into force 28.11.94 - RT I 1994, 81, 1382)
(2) The Minister of Justice shall determine the territorial jurisdiction and location of circuit courts and the number of judges to be appointed to office with the approval of the Supreme Court.
(26.10.94 entered into force 28.11.94 - RT I 1994, 81, 1382)
(3) Judges of circuit courts shall be appointed to office by the President of the Republic, on the proposal of the Supreme Court.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
(4) The Riigikogu shall appoint the chairman of a circuit court on the proposal of the Minister of Justice which is approved by the Supreme Court.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
(5) The Minister of Justice shall approve the rules of circuit courts.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
§ 21. Jurisdiction of circuit court
A circuit court shall review the decisions of county, city and administrative courts by way of appeal proceedings.
§ 22. Composition of circuit court
(1) Circuit courts are divided into Chambers according to types of matters heard. The Supreme Court shall determine the Chambers, the number of judges in each Chamber and the judges and the chairmen of the Chambers.
(2) In the absence of the chairman of a circuit court, the chairman of a Chamber who is senior in office and present shall substitute for the chairman of the circuit court, and in the absence of the chairman of the Chamber, a member of the same Chamber who is senior in office and present if the specified chairmen have not appointed acting chairmen for the period of their absence.
Chapter III
Highest Court
§ 23. Supreme Court
(1) The Supreme Court is the highest court in the Republic of Estonia.
(2) The Supreme Court shall review court decisions by way of cassation proceedings. In the cases and pursuant to the procedure provided by law, the Supreme Court shall hear petitions for review filed against court decisions and shall correct court errors.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
(3) The Supreme Court is the court of constitutional review.
§ 24. Composition of Supreme Court
(1) The composition of the Supreme Court is the following:
1) the Civil Chamber;
2) the Criminal Chamber;
3) the Administrative Law Chamber;
4) the Constitutional Review Chamber;
5) the Supreme Courten bancwhich is comprised of all justices of the Supreme Court.
(2) If necessary, Special Panels shall be formed between the Civil, Criminal and Administrative Law Chamber in order to settle dissenting opinions arising from application of law.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
(3) The Chief Justice of the Supreme Court shall be appointed to office by the Riigikogu, on the proposal of the President of the Republic. Justices of the Supreme Court shall be appointed to office by the Riigikogu, on the proposal of the Chief Justice of the Supreme Court.
(16.12.92 entered into force 01.01.93)
(4) In the absence of the Chief Justice of the Supreme Court, the chairman of a Chamber who is senior in office and present shall substitute for the Chief Justice. In the absence of the chairman of the Chamber, a member of the same Chamber who is senior in office and present shall substitute for the Chief Justice if the chairman of the Chamber has not designated an acting chairman for the period of his or her absence.
§ 25. Chambers of Supreme Court
(1) The Supreme Courten bancshall appoint the chairmen and members of the Civil, Criminal and Administrative Law Chambers of the Supreme Court to office from among the members of the Supreme Court on the proposal of the Chief Justice of the Supreme Court.
(2) If necessary, the Chief Justice of the Supreme Court has the right to involve a member of a Chamber specified in subsection (1) of this section in the panel of another Chamber for the hearing of a matter.
§ 26. Constitutional Review Chamber
(1) The Constitutional Review Chamber of the Supreme Court shall be comprised of five justices, and elected by the Supreme Courten bancfor five years.
(2) The Chief Justice of the Supreme Court shall be the chairman and presiding judge of the Constitutional Review Chamber.
(3) Members of the Constitutional Review Chamber shall be elected on the proposal of the Chief Justice of the Supreme Court from the Civil, Criminal and Administrative Law Chambers – at least one member from each.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
(4) Members of the Constitutional Review Chamber shall not be elected for longer than two terms of authority.
§ 27. Supreme Courten banc
(1) The Supreme Courten bancshall be comprised of the Chief Justice of the Supreme Court and justices of the Supreme Court. The Minister of Justice may participate with the right to speak in sessions of the Supreme Courten banc.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
(2) The Supreme Courten banchas a quorum if at least eleven justices of the Supreme Court are present. The rulings of the Supreme Courten bancshall be adopted by a majority vote of justices of the Supreme Courten bancwho are present and shall be signed by the Chief Justice of the Supreme Court.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
(3) The Supreme Courten bancshall:
1) review the decisions of the Supreme Court in the cases prescribed by law;
2) approve the composition of the Chambers of the Supreme Court;
3) determine the chambers of circuit courts, the number of members in chambers and the judges who belong thereto, appoint the chairmen of chambers, and shall approve the appointment to office of chairmen of circuit courts, chairmen and judges of courts of first instance and the territorial jurisdiction of courts;
4) commence disciplinary proceedings and hear the disciplinary matter against the Chief Justice of the Supreme Court if so requested by at least eleven justices of the Supreme Court;
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
5) submit an application to the Riigikogu or the President of the Republic for removal of a judge from office;
(16.12.92 entered into force 01.01.93)
6) review the applications of candidates for judicial office and make recommendations for running as a candidate for judge;
7) approve the procedures for work and management of the judge’s examination committee;
8) agree upon the number of lay judges in county and city courts with the Minister of Justice according to the territorial jurisdiction of courts;
9) approve the procedure for the disciplinary proceedings against judges;
10) approve the rules of the Supreme Court;
11) decide on the grant of unscheduled leave to justices of the Supreme Court.
(04.05.93 entered into force 21.05.93 – RT I 1993, 24, 429)
(4) The Chief Justice of the Supreme Court shall convene the Supreme Courten bancand act as a Chairman.
(5) In the case prescribed in clause (3) 4) of this section, the chairman of a Chamber who is senior in office and present shall convene the Supreme Courten bancand chair thereof.
(16.12.92 entered into force 01.01.93)
§ 28. Resolution of dissenting opinions arising from application of law in Supreme Court
(1) If principal dissenting opinions arise in a panel of the Civil, Criminal or Administrative Law Chamber concerning the application of law, the matter shall be referred to the full panel of the respective Chamber for adjudication.
(2) If the full panel of the Civil, Criminal or Administrative Law Chamber, in hearing a matter, wants to form a different opinion concerning the application of law than expressed by another Chamber of the Supreme Court or Special Panel in its most recent judgment, it shall refer the matter for hearing to a Special Panel.
(3) Each Chamber shall elect two of its justices to a Special Panel. The sessions of a Special Panel shall be chaired by the Chief Justice of the Supreme Court.
(4) A Special Panel formed by two Chambers shall adjudicate a matter if one Chamber does not consent to the opinion of another Chamber. A Special Panel formed by three Chambers shall adjudicate a matter if the third Chamber does not consent to the opinion of the Special Panel between the other two Chambers.
(5) A matter shall be referred to the Supreme Courten bancfor adjudication if:
1) the majority of the full panel of the Civil, Criminal or Administrative Law Chamber reaches a different opinion than the legal principle or opinion hitherto held by the Supreme Courten bancon the application of law;
2) the majority of the full panel of a Chamber considers the adjudication of the matter by the Supreme Courten bancto be essential for the uniform application of the law.
(6) A member of the Chamber which initiates a dispute shall report to the Supreme Courten bancon the matter referred, by a ruling, to the Supreme Courten bancfor adjudication, on the order of the chairman of the Chamber.
(7) An opinion of the Supreme Courten bancis mandatory for the Chambers of the Supreme Court in application of law unless the Supreme Courten bancitself changes the opinion.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
§ 29. (Repealed –16.12.92 entered into force 01.01.93)
Part III
Other Issues concerning Work of Courts
§ 30. Court office
(1) The employees of a court office shall ensure the operations procedure of the court upon administration of justice, generalisation of judicial practice, analysing of court statistics and in performance of other duties.
(2) The Minister of Justice shall determine the structure and composition of staff of the court offices of county, city, administrative and circuit courts.
(16.12.92 entered into force 01.01.93)
(3) The Chief Justice of the Supreme Court shall determine the structure and composition of staff of the Office of the Supreme Court pursuant to the budget approved by the Riigikogu.
(4) The hiring and release from work of an employee of a court falls within the competence of the chief judge or chairman of the corresponding court.
(16.12.92 entered into force 01.01.93)
§ 31. Court security guards
(1) Court security officers shall be employed to serve in courts.
(2) Court security officers shall summon notices and summons to persons concerned in a case before court, witnesses, debtors and other persons, maintain order during court sessions and perform other duties related to the administration of justice and assigned to them by the chief judges or chairmen of courts.
(3) In addition to wages, court security officers shall receive remuneration for serving summons and notices.
(16.12.92 entered into force 01.01.93)
§ 32. (Repealed - 07.02.2001 jõust.01.03.2001 - RT I 2001, 21, 113)
§ 33. Court session clerks
(1) In the cases provided by law, civil, criminal and administrative matters within the jurisdiction of courts shall be heard with the participation of clerks of sessions.
(2) The duties of court session clerks and their participation in the hearing of civil, criminal and administrative matters shall be established in Acts concerning court procedure and in rules of courts.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
§ 34. Reporting by courts
All courts of the Republic of Estonia shall submit reports on the progressing of cases and concerning convicted offenders during reporting periods to the Ministry of Justice, twice a year pursuant to the instructions approved by the Minister of Justice.
§ 35. Review of courts
(1) Judgments of lower courts may be reviewed only by higher courts pursuant to the procedure prescribed by law.
(2) The procedure for the elimination of violations discovered in the course of review is determined by law.
(3) The Ministry of Justice may review the organisational and financial activities of county, city, administrative and circuit courts on the basis of instructions which are approved by the Minister of Justice.
(23.02.95 entered into force 27.03.95 - RT I 1995, 29, 358)
§ 36. Court archives
Archives are maintained at courts. The Minister of Justice shall establish the procedure for the submission of records to archives, the deposit and use thereof.
§ 37. (Repealed –16.12.92 entered into force 01.01.93)
§ 371. Land registries
(26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967)
(1) Land registries shall be located at county and city courts.
(14.12.94 entered into force 29.12.94 - RT I 1994, 94, 1609)
(2) The land registries shall maintain land registers and other registers as established by law.
(26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967)
(3) (Repealed -26,060,96 entered into force 29.07.96 - RT I 1996, 51, 967)
§ 372. Land registry staff
(1) The staff of a land registry shall consist of the director of the land registry, assistant judges and the technical personnel. The Minister of Justice shall approve the composition of the staff of a land registry.
(26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967)
(11) The chairman of a county or city court shall appoint the director of a land registry and judges with registration competence. A judge or assistant judge may be the director of a land registry.
(26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967)
(2) (Repealed -26,060,96 entered into force 29.07.96 - RT I 1996, 51, 967)
(3) (Repealed -26,060,96 entered into force 29.07.96 - RT I 1996, 51, 967)
(4) The chairman of a court shall hire the technical personnel of the land registry and release the technical personnel of the land registry from employment on the basis of an application of the director of the land registry. Their competence is determined by the land registry rules.
(26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967)
§ 373. Registration departments
(1) Registration departments shall be located at county and city courts.
(23.02.95 entered into force 27.03.95 - RT I 1995, 29, 358)
(2) The registration department maintains a commercial register concerning undertakings within the territorial jurisdiction of the registration department and a non-profit associations and foundations register concerning non-profit associations and foundations within the territorial jurisdiction of the registration department
(06.06.96 entered into force 01.10.96 - RT I 1996, 42, 811)
(3) The duties of a registration department may be assigned to the land register of the corresponding county or city court by a regulation of the Minister of Justice.
(23.02.95 entered into force 27.03.95 - RT I 1995, 29, 358)
(4) The procedure for maintenance of the commercial register is provided for by the Commercial Code and the procedure for maintenance of the non-profit associations and foundations register is provided for by the Non-profit Associations Act and the Foundations Act.
(06.06.96 entered into force 01.10.96 - RT I 1996, 42, 811)
§ 374. Registration department staff
(1) The staff of registration department shall consist of the head of the registration department, assistant judges and the technical staff. The Minister of Justice shall approve the composition of the staff of a registration department.
(26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967)
(11) The chairman of a county or city court shall appoint the head of the registration department and judges competent to make judgments on entry. A judge or assistant judge may be the head of a registration department.
(26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967)
(2) (Repealed -26,060,96 entered into force 29.07.96 - RT I 1996, 51, 967)
(3) (Repealed -26,060,96 entered into force 29.07.96 - RT I 1996, 51, 967)
(4) The chairman of a court shall hire the technical personnel of the registration department and release the technical staff of the registration department from employment on the basis of an application of the head of the registration department. Their competence is determined by the registration department rules.
(26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967)
§ 375. Probation supervision departments
(1) Probation supervision departments shall be located at county and city courts.
(2) Probation supervision departments shall perform probation supervision duties.
(17.12.97 entered into force 01.05.98 - RT I 1998, 4, 62)
§ 376. Probation supervision department staff
(1) The staff of a probation supervision department shall consist of the head of the probation supervision department and probation officers. The Minister of Justice shall approve the composition of the staff of a probation supervision department.
(2) The chairman of a court shall appoint the head of a probation supervision department and probation officers to office.
(17.12.97 entered into force 01.05.98 - RT I 1998, 4, 62)
Part IV
(16.12.92 entered into force 01.01.93)
Implementing Provisions
(16.12.92 entered into force 01.01.93)
§ 38. Commencement of authority of Supreme Court
(1) The authority of the Supreme Court formed upon implementation of this Act shall commence after the eleven justices of the Supreme Court have been appointed to office and have taken the oath of office.
(16.12.92 entered into force 01.01.93; 04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
(2) The Supreme Court shall commence the hearing of civil, criminal and administrative matters after entry into force of all Acts concerning appeal and cassation procedure.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
(3) Until the commencement of authority specified in subsection (2) of this section, the justices of the Supreme Court who are appointed to office shall perform other duties prescribed by law. The justices of the Ülemkohus3who are appointed as justices of the Supreme Court shall continue to hear matters by way of cassation proceedings or supervisory control pursuant to § 41 of this Act.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
§ 39. Termination of authority of Ülemkohus
The authority of the Ülemkohus shall terminate upon termination of authority of its justices on the bases provided for in subsection 40 (2) which is added to the Status of Judges Act.
(16.12.92 entered into force 01.01.93)
§ 40. Commencement of authority of circuit courts
(1) The authority of circuit courts shall commence after six judges in the Tallinn Circuit Court and three judges in other circuit courts have been appointed to office and have taken the oath of office.
(2) Circuit courts shall commence the hearing of matters by way of appeal proceedings after entry into force of all Acts concerning appeal and cassation procedure.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
§ 41. Review of decisions of courts of first instance by higher courts
Until entry into force of all Acts concerning appeal and cassation procedure and formation of courts of appeal, the Ülemkohus shall review the decisions of courts of first instance by way of cassation proceedings and supervisory control on the basis of Acts concerning procedure currently in force.
(04.05.93 entered into force 21.05.93 - RT I 1993, 24, 429)
§ 42. Hearing of administrative matters until formation of administrative courts
Until the formation of administrative courts or appointment of administrative court judges to office, administrative matters shall be heard by county and city courts.
(16.12.92 entered into force 01.01.93)
§ 43. Competence of land registry secretaries and registry secretaries
Until the positions of assistant judges are filled with persons who comply with the corresponding requirements, these positions may be filled with land registry secretaries and registry secretaries who are appointed to office by the Minister of Justice and who retain the competence they had before entry into force of this Act and the salary corresponding to their current position.
(26.06.96 entered into force 29.07.96 - RT I 1996, 51, 967)
1
RT =Riigi Teataja=State Gazette2
Riigikogu = the Parliament of Estonia3
(ENSV) Ülemkohus = Supreme Court of the Estonian Soviet Socialist Republic