Receivables And Compensation Regulation

Original Language Title: Forderungs- und Schadenersatzverordnung

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44. Ordinance of the Federal Minister of Finance on the treatment of claims and claims for damages by the Federal Republic of Germany (Forestry and Damages Ordinance Ordinance)

Due to § 70 para. 5, § 73 and § 74 of the Federal Act on the Leadership of the Federal Budget (Federal Budget Act 2013-BHG 2013), BGBl. I n ° 139/2009, as last amended by the Federal Law BGBl. I n ° 62/2012, shall be arranged:

Section 1

General

Scope

§ 1. (1) This Regulation lays down the detailed rules

1.

in the assertion and confiscation of federal claims,

2.

in connection with the granting of payment facilities (Section 73 (1) and 2 BHG 2013), the suspension (Section 73 (3) of the BHG 2013) and the cessation of confiscation (Section 73 (4) of the BHG 2013) and in the case of waivers (§ 74 BHG 2013), and

3.

in the event of damage which has occurred, both the components of the movable and immovable federal assets and the assets and liabilities to which they are subject, or payment obligations.

(2) This Regulation shall apply in so far as it does not comply with legal provisions. If, in law, a system of asserting and confiscation of claims and other claims is not or is only partially affected, the extent of the unregulated part of the object shall be subject to the following conditions: to apply the relevant provisions in accordance with § § 73 f BHG 2013 and this Regulation.

Section 2

Treatment of exposures

Assertion

§ 2. (1) The Federal Government's requests shall be made due at the earliest possible date, in accordance with the relevant legal basis, by the institution of the federal government responsible for the division of the business and the staff. Where necessary, the steps necessary for the effect of the due date shall be set.

(2) The Federal Budget Ordinance (BHV 2013), BGBl (Federal Budget Regulation 2013), also calls for a call from the Federal Government for a warning and a corresponding grace period pursuant to Section 99 (3) of the Federal Budget Regulation 2013. II No 266/2010, the competent budgetary authority has to decide on the corresponding further steps to be taken. Taking into account the objectives and principles of financial management (§ 2 BHG 2013)-in particular the criteria of efficiency and impact orientation-the appropriate further installation steps are to be selected in order to be able to take account of the The administrative burden is to be achieved as far as possible and as complete as possible. In this connection, extrajudicial arrangements are to be sought as far as possible, in order to avoid additional legal costs of judicial enforcement. Decisions on this are to be taken with careful consideration of the legal and administrative economic interests and to document the concrete considerations in an actensibly comprehensible way. If a further reminder is considered to be effective, reference should be made to the possible forcible introduction and may be given an indication of possible requests for payment facilities.

(3) In case of doubts about the existence of the claim and in the case of questions about the expediency and the chances of success of a judicial assertion, the financial procuration is in accordance with Section 3 (2) of the Financial Procuration Act, BGBl. I No 110/2008, by the competent budgetary or budgetary authority, to request an opinion.

(4) If the conditions of § 73 BHG 2013 are fulfilled, payment facilities may be made available by means of installment payment agreements or payments, or a partial or total suspension of the confiscation may be effected.

(5) The financial procuration pursuant to Section 3 (1) of the Financial Procuration Act is to be assigned to the court to assert and forcibly transfer claims. In order to avoid the risk of a limitation of the claims, the financial procuration must be brought to bear no later than three months before the occurrence of any limitation period.

(6) In the case of referral or commissioning of the financial system, all information and documents necessary for a promising judicial assertion or forced introduction of the claim are up-to-date. to be transmitted to them.

Stundingand rate-payment agreements

§ 3. (1) In the event of a request for payment or instalment payments based on a request in accordance with Section 73 (1) of the BHG 2013, the payment of interest rates pursuant to Section 73 (2) of the BHG 2013 shall be subject to which account is to be taken into account annually in the course of a subsequent period.

(2) If the conditions of Section 73 (2) Z 1 or 2 of the BHG 2013 are fulfilled, the term of payment may be completely or partially removed from the condition of the interest on the interest of the interest.

(3) In the case of claims up to EUR 1 500, the condition for the payment of interest rates may be waived if the full repayment of the claim is agreed within one year and, in accordance with § 73 of the BHG 2013, in particular the due date of the total The request plus interest is agreed upon in the event of late payment and it is ensured that no limitation occurs.

Suspension of confiscation

§ 4. (1) A temporary obvious hopelessness of the confiscation measures within the meaning of Section 73 (3) of the BHG 2013 is to be assumed, in particular, if an immediate confiscation due to a time-limited special economic burden the food or food or an absence of the food or food is not possible or unreasonable over a certain period of time.

(2) The conditions for a temporary suspension of the confiscation of a claim pursuant to Section 73 (3) of the BHG 2013 shall, in any event, be taken into account in the context of this non-annual measure that the requirement shall not be subject to limitation of limitation becomes unenforceable. Accordingly, it is necessary to consider at appropriate intervals whether the reasons which led to the suspension of the confiscation have still been given or have since fallen away (Section 73 (5) BHG 2013).

Recruitment of confiscation

§ 5. (1) A cessation of the confiscation pursuant to Section 73 (4) of the BHG 2013 is to be considered in particular if:

1.

actual obstacles to the enforceability of the claim, such as an unknown stay of the food or the human or the shepherd, or the person who is responsible for the damage,

2.

difficulties in proving the civil claim or of any illegal or culpable conduct which is based on the claim; or

3.

the opening of insolvency proceedings relating to the assets of the debtor or the debtor

prevent the successful claim tracking or the enforceability of the claim or make it appear uneconomical.

(2) The conditions for the cessation of confiscation of a claim and the cessation of confiscation shall be subject to a further submission as long as the reasons for the cessation of confiscation are not to be eliminated (§ 73 (5) BHG 2013).

Waiver

§ 6. (1) The procedure for the disposal of a waiver (§ 74 BHG 2013) shall be initiated by means of a request by the debtor or the debtor, whether or not the debtor or the debtor, who is responsible for the preparation of an amtsweed The Court of Management is primarily responsible for the budgetary authority responsible for the introduction of the debt.

(2) In accordance with § 74 of the BHG 2013, a debt waiver initiated by the debtor is also to be offered only on condition that it is expressly accepted by the debtor or by the debtor and that the debtor, or the debtor, in particular the conditions in accordance with § 74 3 BHG 2013, before the waiver becomes effective and the claim against the debtor becomes clear.

(3) In this respect, the requirements of § 74 BHG 2013 shall be complied with in the context of a comparative agreement on a demand by the Federal Government. If, on the other hand, unclear federal claims are recognized in the context of a comparison in order to achieve a more appropriate introduction as compared with the objectives of financial management (§ 2 BHG 2013), in particular the criteria of efficiency and impact orientation. to reach a judicial clarification, this comparison does not necessarily imply a waiver.

(4) The conditions for a waiver of receivables pursuant to § 74 BHG 2013 and a waiver are agreed upon, no further insertion steps are possible, as long as no revocation reasons pursuant to Section 74 (3) of the BHG 2013 are produced.

Offset

§ 7. (1) In accordance with Section 92 (3) of the BHG 2013 in connection with § § 42 (2) and 67 (1) BHV 2013, claims are to be offset from the nominal value in the household billing system. If a claim of the amount is not yet sufficiently determined, the claim is to be considered provisionally only as an Obligo in the accounts receivable accounting (§ 65 BHV 2013). As long as the existence of the claim itself is still unclear, no collection as an Obligo in the accounts receivable accounting is necessary. The assessment of the claim shall be made by the body responsible in accordance with the business and staff classification of the relevant budgetary authority.

(2) If subsequent changes are made, the amount recognised as Obligo shall be corrected if necessary. An already booked receivables is to be impaired if necessary, whereas an impairment loss is only permitted in the extent of previously performed impairment losses (Section 92 (8) of the BHG 2013). Apart from possible interest rates, payments or rate-payment agreements as well as suspensions of confiscation have no effect on the amount of the amounts collected, but merely postpone the date of the due date.

(3) If there is a cessation of confiscation, the claim shall be adjusted so that it is completely or partially written off, and the maturity is to be suspended (Section 92 (3) of the BHG 2013 in conjunction with Section 67 (4) BHV 2013). The fact that the claim is not, or only partly, recorded in the budget accounting system does not alter the existence of the requirement for the outside of the pledge or the pledge.

(4) If a claim against third parties is waived or is barred, the accounting of the claim or the obligation shall be made by the budget-leading authority (Section 92 (3) BHG 2013 iVm). Section 67 (4) BHV 2013).

Decision-making power

§ 8. (1) In accordance with § § 73 and 74 of the BHG 2013, in which the underlying claim lies within the limits of the transferred scope of action in accordance with Section 73 (6) or Section 74 (4) of the BHG 2013, the respective budget-governing body itself shall be responsible for to meet. The Federal Minister of Finance or the Federal Minister of Finance shall inform the budgetary authorities in writing of the delegation of powers necessary for this purpose. The budgetary authority may delegate the authorisation granted to it to subordinate bodies within the framework of its power of organisation and delegation.

(2) If the limits of the amount are exceeded in accordance with paragraph 1, the relevant budgetary authority concerned shall prepare the facts relevant to the decision and shall forward it to the Federal Minister of Finance or the Federal Minister for Finance, or who shall then have to decide on the disposition to the extent that the appropriate authorization is available in accordance with the Federal Finance Act or a special federal law within the meaning of Article 42 (5) B-VG. If the respective proceedings are based on a request by the debtor or the debtor, the discharge shall be made to the applicant by the budgetary authority concerned.

(3) In the event of a financial statement being referred to it, it should also be noted and considered that the decision to be made available on a request shall in any case be the subject of the relevant budgetary management. It is the responsibility of the Federal Minister of Finance or the Federal Minister of Finance to take account of the necessary co-determination.

(4) The consideration of the reasons which lead to the respective disposition is to be understood in a comprehensible and actendible way.

Section 3

Treatment of damage cases

Damage

§ 9. (1) A damage shall be caused to the Federal Government if a disadvantage is inflicted on him or her on the property or on the person.

(2) The following provisions shall apply mutatily if damage is caused to assets held or used by the Federal Government without them being owned by the Federal Government.

Approach in case of damage

§ 10. (1) Each institution shall be obliged to report without delay the claims relating to its scope of action to the institution responsible for the division of business and personnel with the processing of damage cases. It shall immediately take all reasonable steps to fully collect the injury and to maintain the extension or repetition of such an extension. If other administrative areas are also affected, the interaction with them shall be ensured in the determination and reporting of the total damage level and in the handling of the damage.

(2) The detection of the damage has to be started immediately after its notification, whereby all the information and documents required for a claim are to be recorded in accordance with the action. These include in particular:

1.

The cause and effect of the damage as well as the nature and estimated extent of the damage and timing of the damage event;

2.

accompanying circumstances which have enabled or benefited from the occurrence of the injury, in particular any inadequacies of existing regulations and safeguards;

3.

The name (s) and data of the person (s) considered to be the polluter (s), as well as information on the assessment of his or her own debt, as well as of any external debt and the degree of indebtedness of the person responsible for the damage and the degree of indebtedness of the person responsible for the damage. the authority and the relevant reasons for this and the information on any existing insurance;

4.

The name (s) and data of the person (s) who have been (have) observed the loss of damage (s) or at the time of the damage (s) close to the event (s), as well as information on the intervention of security organs;

5.

measures which have been taken to encourage the extension and repetition of such a failure;

6.

Injunction that has been or is intended to pursue (asserting) the replacement claim, including all criminal or disciplinary indications, and information on any judicial or other event related to the event; or other procedures;

7.

in the case of road accidents, the registration number of the vehicles involved, as well as information on the driving ability of the steering members involved.

(3) The budgetary management body in whose sphere of action the claim has occurred shall forward a notification to the Federal Ministry of Finance and the Court of Auditors on each claim, provided that the amount of the claim is equal to the amount of the damage. In the event of the withdrawal of the claim, the limit of the amount which is decisive in the event of the withdrawal of the claim pursuant to Section 8 (1) of the notification shall be The claim notification shall include the information referred to in paragraph 2. The amount of the claim to be used for reporting is estimated to be estimated if it cannot be clearly identified at the time of reimbursement of the same. If, in the course of the further implementation of the recovery procedure, the need for correction of the amount of damage is necessary, this is to be brought to the attention of the Federal Ministry of Finance and the Court of Auditors.

(4) A notification to the Court of Auditors may be omitted in so far as it expressly renounts it in respect of certain types of damage or, in accordance with its limits, to be determined.

Assertion of replacement claims

§ 11. (1) In the context of the collection of the claim, the institution responsible pursuant to Section 10 (1) shall have the legal examination and the assessment of the extent to which and against whom compensation claims exist. As a further consequence, the persons responsible for the damage (with-) are to be asked for recognition of the claim for damages. These claims shall, moreover, be asserted in accordance with the provisions of the second paragraph.

(2) In the case of reimbursement claims against employees of the Federal Government, the specific provisions relating to the procedure, the limitation period and the provisions for the reduction of the regulations are in particular in accordance with § 3 in conjunction with § 6 of the Official Liability Law (AHG), BGBl. No 20/1949, and § 6 of the German Servant Liability Act (DHG), BGBl. No. 80/1965, according to § 7 of the Organic Liability Act, Federal Law Gazette (BGBl). No. 181/1967, according to the regulations of the Federal Personnel Representation Act, BGBl. No 133/1967, as well as in accordance with the other relevant provisions of the relevant law. Here, too, an out-of-court solution should be sought, in line with the principles of financial management, including the focus on effectiveness.

Settlement of claims

§ 12. (1) The damage that has occurred must be recorded by the agency responsible for the settlement of claims in accordance with the valuation rules in the settlement according to § 92 BHG 2013. Any compensation claims shall be recorded in accordance with § 7 and shall be made in accordance with the provisions of the second section. If the enforceability of a sufficiently specific demand is limited by statutory reduction rules within the meaning of Section 11 (2), a corresponding reduction in the value of the claim to be applied to the nominal value is offered. If, for the time being, the compensation claims have only been clarified to the extent that the amount can be estimated, a record as an Obligo is provisionally sufficient. If, in particular, the person responsible for the damage is not yet researched, it is only the resulting damage, but in the absence of specific addressees no substitute claim in the household accounting system is to be recorded.

(2) In the case of cash exits, the amounts of the incorrect amounts shall in principle be replaced by the cashier or by the cashier, so that no settlement is to be made. If, in exceptional cases, a shortfall cannot be immediately and completely replaced, the shortfall is to be offset as an advance against the cashier or the cashier in an account for "other advance" (account 277 or 278). Cash exits resulting in particular from account differences, burglary, theft, embezzlement or the distance from the partial or total assertions in accordance with the first sentence are " cash exits and other damage to the short-term Assets " (account 691).

Payroll Regress

§ 13. (1) In cases in which a staff member or a staff member of the Federal Government becomes incapaciated on the basis of extransetation, so that no service of the staff or of the staff member is available for the duration of the invalidity of the remuneration of the Federal Government. , the damage caused to the Federal Government is to be brought against the German Shepherd or the German Shepherd, whose liability insurance or his liability insurance or other person's liability is to be claimed.

(2) Staff of the Federal Government who have become incapable of inservice through extransetation shall immediately report this to their service authority or personnel office. On request, according to § 53 (1c) of the Official Services Act 1979 (BDG), BGBl. No 333/1979, or § 5 (1) of the Act on the Order of Contract 1948, BGBl. No. 86/1948, provide further information and is appropriate to participate in the assertion of claims by the Federal Government.

(3) In addition to the information and documents to be collected in general in the event of damage, the competent budgetary authority shall immediately after becoming aware of the inability to incapacitate the following information and documents in accordance with § 10 (2) to be recorded in terms of activity:

1.

information as to whether it was a service accident,

2.

information as to whether the consequences of the accident or the consequences of the other harmful event were causal for the invalidity of the service;

3.

any medical expert opinion and other medical opinion submitted in this context, together with the documents underlying the expert opinion, which, in particular in accordance with Section 53 BDG, shall be carried out by the staff member or by the staff member shall be forwarded to staff,

4.

the announcement as to whether or not a court proceedings relating to the shepherd or the person concerned have been pending;

5.

a communication on the extent to which recourse is taken by the budgetary authority in respect of active remuneration (sick pay during the sick leave) against the shepherd or the head of the person or, if need be, against a liability insurance scheme or became, and

6.

a communication on the extent to which the budget-management body is responsible for other processes carried out by the injured federal staff or by the injured federal staff, which are involved in the accident or with the other representational damaging events are known, such as a claim for damages for pain relief or merit.

(4) It is not possible to rule out that the triggering event will result in a further temporary or permanent incapacity for service after a foreign-caused incapacity of one or a member of the staff of the Federation. , the budgetary management body shall seek to obtain a declaration of limitation period of time to the extent necessary by the head of the budget, or of the person responsible for the damage, and, where appropriate, of the latter ' s insurance undertaking or the latter. If permanent invalidity cannot be ruled out, the declaration of limitation is not only for the benefit of the federal government, but also for the benefit of the insurance institution of the public servants (BVA), the pension service department, or the Obtain any other statutory health insurance institution for the staff of the staff or the staff member. This shall not affect the obligation of the respective insurance institution to seek an annual declaration of limitation period if it becomes aware of such incidents.

(5) In addition, the general provisions of this Section shall also apply to claims relating to wage-payment regressment.

Pension regress

§ 14. (1) In cases where a staff member or a staff member of the federal government becomes incapaciated or unhappy due to extran-causing, so that pension payments are to be made to the survivors due to invalidity or pensions, the Any damage resulting from the pension or pension payment or pension shall be claimed by the head of the person or the person responsible for the pension or his or her liability insurance or liability insurance.

(2) Employees of the Federal Government who have been injured by accidents caused by a foreign-caused accident shall immediately report this fact to their service authority or to their service provider. On request, according to § 53 (1c) of the Official Services Act 1979, BGBl. No 333/1979, or § 5 (1) of the Act on the Order of Contract 1948, BGBl. No. 86/1948, provide further information and is appropriate to participate in the assertion of claims by the Federal Government.

(3) In addition to the information and documents referred to in Article 10 (2) and § 13 (3) (1), (4) and (6), the competent budgetary management body shall immediately after becoming aware of the invalidity or accident in addition to the information and documents the following information and information. To record documents in terms of actence:

1.

information as to whether the consequences of the consequences of the accident or the consequences of the other harmful event were causal for the permanent incapacity to inservice and for the retirement of retirement;

2.

any medical expert opinion and other medical opinion submitted in this context, together with the documents underlying the expert opinion, which, in particular in accordance with Section 53 BDG, shall be carried out by the staff member or by the staff member shall be forwarded to staff; and

3.

a communication on the extent to which the remuneration (sick pay during the sick leave) or the performance of the main body, a state office of the BVA or any other insurance institution responsible for the protection of the sick leave has been taken against the shepherd or the head of the head or, if need be, against a liability insurance scheme, and whether or not a court case has been or is pending.

(4) The budgetary management body shall immediately inform the BVA's Pension Service Department of any inability to incapaciate any person or servant of the federal government who may require early retirement of a staff member, and to obtain a declaration of limitation period from the harbor ends to the extent necessary.

(5) In addition, the general provisions of this Section shall also apply to claims relating to pension regressions.

Section 4

Final provisions

entry into force

§ 15. (1) This Regulation shall enter into force 1. Jänner 2013 in force and is also applicable to the enforcement of federal claims arising before this date.

(2) The guidelines for the treatment of legal claims (claims) of the federal government and claims in the field of federal administration, the granting of payment facilities, the suspension and cessation of the confiscation of claims, as well as the Waiver of requirements, AÖF No 209/1992, as amended No 8/1995 shall expire on 31 December 2012.

Fekter