On the motion of the Legal Affairs Committee, the first reading of the Draft Code of Administrative Court Procedure (902 SE), initiated by the same Committee, was concluded. The purpose of the Draft Code is to improve legal protection in administrative procedure and to increase the fluency of the activities of the administrative court. The Draft Code (755 SE) is in the legislative proceeding for the second time because a Draft Code with a similar content was not passed at the final voting on 15 December 2010: it failed to gain the necessary support of 51 votes and was therefore dropped from the legislative proceeding of the Riigikogu. The Draft Code specifies the implementation of the authority of the administrative court, in particular, the transition from one type of action to another in a situation where filing a correct claim may provide too complicated for a person who files the action (e.g. applying for establishment of nullity of an administrative act instead of annulment). The Draft Code restricts to a certain extent the filing of an action of establishment as compared to the current practice, precluding it in a case when more effective means can be used for achieving the objective of the action. According to the Draft Code, public and oral proceedings with the organisation of a court session will remain the principal type of proceeding in the court of first instance and the court of appeal. The Draft Code extends the possibilities to carry out an extended session in the case when participants in the proceeding fail to appear and it will be possible to hear an action by way of written proceedings regardless of the consent of the participants in the proceeding, taking into account the weight of the matter and the issues being discussed. The simplified proceeding and conciliation procedure are provided in the Draft Code as new simplified types of proceedings, besides the written proceedings. The Draft Code also eliminates the general reference to the Code of Civil Procedure which will remain applicable only to the extent and in the cases specifically referred to. The Draft Code was sent to the second reading.
On the motion of the Social Affairs Committee, the first reading of the Bill on Amendments to § 5 of the Artificial Insemination and Embryo Protection Act
), initiated by the same Committee, was concluded. The purpose of the Bill is to extend the range of the persons who are entitled to receive the health care service of artificial insemination. The Bill eliminates the list of medical contraindications in the case of which artificial insemination of a woman is prohibited which is established by a Regulation of the Minister of Social Affairs and, accordingly, a decision concerning the need for and permissibility of artificial insemination will be made only by a doctor. The Bill was sent to the second reading.
On the motion of the Finance Committee, the first reading of the Bill on Amendments to the Liquid Fuel Act and Other Associated Acts
), initiated by the same Committee, was concluded. The purpose of the Bill is to organise the fuel market and to prevent value added tax evasion. The Bill provides the minimum amount of security of 100 000 euro for all sellers of fuel which will have to be submitted to the Tax and Customs Board in order to prevent emergence of fake enterprises and to improve receipt of the value added tax. At the same time, the Tax and Customs Board has the right to require a greater security from the seller of fuel, considering the potential value added tax liability, on the basis of the risk assessment. The initiator stated that the fuel market has reached a situation where even a person who lacks the infrastructure and staff necessary therefor and who can present the required share capital or a liability insurance contract only at the moment of application for registration can register as a seller of fuel. The Bill was sent to the second reading.
On the motion of the Social Affairs Committee, the Bill on Amendments to the State Pension Insurance Act
), initiated by the Estonian Centre Party Faction and Members of the Riigikogu Mai Treial and Ester Tuiksoo, was rejected at the first reading. 46 members of the Riigikogu voted in favour of the rejection and 30 members voted against. Thus, the Bill was dropped from the legislative proceeding.
On the motion of the Finance Committee, the Bill on Amendments to the Income Tax Act and § 3 of the Social Tax Act
), initiated by the Social Democratic Party Faction, was rejected at the first reading. 46 members of the Riigikogu voted in favour of the rejection and 33 members voted against. Thus, the Bill was dropped from the legislative proceeding.
The Riigikogu Press Service