82/1998 Coll.
LAW
of 17 December. March 1998
on liability for damage caused in the performance of public authority by a decision
or incorrect official procedure and amendment to the Czech National Council Act No.
358/1992 Coll., on notaries public and their activities (notarial regulations)
Change: 120/2001 Sb.
Change: 234/2002 Sb.
Change: 539/2004 Coll.
Change: 160/2006 Sb.
Change: 41/2009 Sb.
Change: 41/2011 Sb.
Change: 396/2012 Sb.
Change: 105/2013 Coll. 303/2013 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
THE RESPONSIBILITY OF THE STATE AND TERRITORIAL SELF-GOVERNING UNITS FOR DAMAGE
HEAD FIRST
INTRODUCTORY PROVISIONS
§ 1
(1) the State shall be responsible for the conditions laid down in this law for the damage
caused in the exercise of State power.
(2) the territorial authorities are responsible for the conditions laid down in this
by law for damage caused in the exercise of a public power vested in them by law
in the context of a separate scope (hereinafter referred to as "territorial units in separate
the scope of ").
(3) State and territorial units in a separate scope stops under the conditions
laid down by this law also suffered non-material damage.
§ 2
Liability under this Act is not exempt.
THE HEAD OF THE SECOND
THE CONDITIONS OF LIABILITY
Part the first
The responsibility of the State
The first section
General provisions
§ 3
(1) the State shall be responsible for any damage caused by
and State authorities)
(b)) legal and natural persons in the performance of State administration, which they have been
conferred by law or on the basis of the Act, (hereinafter referred to as "official person"), "^ 1")
(c)) the authorities of territorial self-governing units, if the damage occurred in the performance of
the State administration, which was transferred to them by law or on the basis of the law
(hereinafter referred to as "territorial units in the delegated scope").
(2) for the purposes of this Act, a person shall be considered the official official also
a person of a foreign State for the duration of his time in the joint investigation
the team on the territory of the Czech Republic, if it satisfies the conditions specified in § 127
of the criminal code.
§ 4
(1) for the performance of State administration in accordance with § 3 (1). 1 (a). (b)) shall be treated as
drafting public documents about legal actions ^ 2), writes the facts
the public register made by the notary according to the law governing the
public registers of legal entities and physical persons, the notary acts as a
a court Commissioner ^ 3) and acts of the bailiff or his
Representative, was to receive the performance of the bailiff Office and if this
the representative of the candidate in the performance of execution, enforcement activities,
the drafting of the bailiffs ' writes, and in the activities of the
the credentials of the Court under special legislation ^ 3a).
(2) the activity of the notary and bailiff, or his representative,
If the performance was subject to bailiff Office and if this representative
execution the candidate, in accordance with paragraph 1 shall be considered as the official procedure.
§ 5
The State is responsible for the conditions laid down in this law for the damage, which
was caused by the
and that was) decision issued in civil proceedings, in administrative
control, in proceedings under the code of civil procedure of administrative or criminal proceedings,
b) incorrect official procedure.
§ 6
(1) in cases of damages caused by a decision or incorrect
the official procedure of regression and remittances acting on behalf of the State
ministries and other central administrative authorities (hereinafter referred to as "the authority").
(2) the Office referred to in paragraph 1 is
and the Ministry of Justice), if there is damage in the civil
proceedings or criminal proceedings, and also in cases when the Court in the
the administrative judiciary issued illegal decisions, in which the Court ruled on the
action against the decision of the territorial unit in a separate scope, and in
the cases where damage was caused by a notary or court bailiff
(b)), the competent authority, if the damage in the State administration, which
belongs to its scope, and also in cases when the Court in the
the administrative judiciary issued illegal decisions, in which the Court ruled on the
action against the decision issued by the State administration sector, which belongs to the
the scope of this authority.
(3) if it is not possible to determine the competent authority referred to in paragraph 2, it is for the State
The Ministry of finance.
(4) if the unlawful decision on the Czech National Bank or
under international treaty, the financial market supervision authority of another
the Member State of the European Union) ^ 13 or if the Czech National Bank
or the supervisory authority to maladministration, it is for the
State of the Czech National Bank.
(5) if the illegal decision the Supreme Audit Office of the
or if in the Supreme Audit Office to an incorrect official
the procedure for this is the State authority.
(6) the authority designated in accordance with paragraphs 1 to 5, is acting for the State as a business
the State in proceedings before the Court, unless specific legislation
provides otherwise.
§ 6a
Violations of the right to personal freedom
The responsibility of the State and territorial units in a separate scope for breach of
the right to personal freedom ^ 3b) shall be assessed in accordance with the provisions of this law
governing liability for unlawful decision or incorrect official
the procedure.
The second section
The decision of the
The illegal decision of the
section 7 of the
(1) the right to compensation for damage caused by an unlawful decision have
the participants in the proceedings in which the decision was issued, from which they originated
a pity.
(2) the right to compensation has one with whom it was not treated as a
a participant in the proceedings, although with him as a party to the proceedings to be treated
should.
§ 8
(1) a claim for compensation for damage caused by an unlawful decision can be,
unless otherwise specified, apply only if the final
the decision was for the illegality of the repealed or amended by the competent
authority. By the decision of that authority is the Court of the compensation
bound.
(2) if the damage has been caused by an unlawful decision enforceable without
regardless of the legal power, to the claim, even if the decision was
repealed or amended on the basis of a proper appeal.
(3) unless the cases worthy of special attention, may be entitled to compensation
the damage caused by an unlawful decision to admit only if
damaged in the time limits laid down by law took advantage of all the procedural
the funds, which the law of the injured party to protect his rights;
in such a way means ordinary appeal, extraordinary
the appeal, with the exception of the proposal for the renewal of proceedings, and other procedural
means of protection of rights, the application of which is associated with the initiation of the
judicial, administrative or other legal proceeding, or
stopping the execution.
The decision on detention, punishment or protective measures
§ 9
(1) the right to compensation for damage caused by the decision on custody also has one
on which the binding was carried out, if the prosecution against him
stopped, if the prosecution exonerated or if the case was
referred to another authority.
(2) in court-ordered binding in proceedings on extradition or surrender to go abroad with the
compensation does not provide; This does not apply if the damage in such proceedings
was an unlawful decision or incorrect official procedure of the authorities
Of the Czech Republic.
§ 10
(1) the right to compensation for damage caused by a decision on the penalty, the
which it was totally or partially executed penalty if, in a subsequent procedure
He was acquitted of the indictment or if criminal proceedings against him stopped
for the same reasons for which the Court in the main proceedings decides
zprošťujícím judgment. This does not apply, shall order the cessation of the criminal
the prosecution of the President of the Republic, starting his law giving grace or
Amnesty.
(2) the right to compensation is also the one who was later in the proceedings
sentenced to a lighter penalty than the one that was on it was executed on the basis of the
the voided the judgment. Compensation belong only with regard to the difference between the
punishment undertaken on the basis of the original verdict and the penalty imposed
the judgment of the new.
§ 11
The right to compensation for damage caused by a decision on protective measures has
the one on which it was totally or partially enforced protection measures, if
the decision was later repealed as unlawful management.
§ 12
(1) the right to compensation is not the one
and who's the link,) the conviction or the imposition of safeguard measures caused
alone, or
(b)) who was acquitted or the prosecution against him was
stopped only because it is not for the committed offence, be held criminally responsible
or that he was awarded the grace or that the offence has been amnestován.
(2) the right to compensation if no further
and could not be) in the proceeding to continue the reasons set out in the specific
Regulation, ^ 5)
(b)) has been conditionally suspended prosecutions and there effects of stopping
criminal prosecution, ^ 6)
(c)) of stopping the criminal prosecution was part of the decision on the
the settlement, ^ 7)
(d)) the criminal prosecution was stopped for reasons set out in the specific
^ 8).
The third section
Incorrect official procedure
section 13
(1) the State shall be responsible for any damage caused by incorrect official procedure.
Incorrect official procedure is also a breach of the obligation to take action
or issue a decision within the time limit laid down in the law. Unless otherwise provided by law for the
performing an action or issue a decision any time limit shall be considered
maladministration also infringement of the obligation to make the Act or
issue a decision within a reasonable period of time. ^ 8a)
(2) the right to compensation for the damage, which was the incorrect official
the procedure caused the damage.
The fourth section
Claim
§ 14
(1) a claim for compensation shall be applied by the Office referred to in section 6.
(2) if the claim Was filed with the Office which is not competent, it shall forward this
the Office shall request the injured party to the competent authority. Effects of the application of the interim
in this case are preserved.
(3) a claim for compensation under this Act is a condition of
for any claim for damages in court.
§ 15
(1) if the competent authority shall grant compensation, it is necessary to compensate for the damage to the
six months from the claim.
(2) a claim for damages before the Court can corrupt only if
within six months from the date of his claim has not been fully satisfied.
The fifth section
Regression, the remuneration
section 16 of the
(1) if the State replaced the damage caused by an unlawful decision or
incorrect official procedure or, if provided for the same reason
reparation for non-material damage suffered, can require regression
the payment of the official persons and to the territorial units in the transferred
the scope of the damage caused if.
(2) where a decision of a territorial self-governing unit reviewed
by the competent authority, and was subsequently a decision of that authority and zoning
Government Unit canceled for illegality, the State may require
the regression on the edge, the payment if the competent authority of the region, or on the
local government unit.
(3) if the illegal decision because that is the one who is released,
He drove to the wrong legal opinion of the competent authority, which set aside in the
the management of the original legal decision, the State does not have the right to reimbursement of a regression.
(4) the State may require payment in the amount of regression, only the corresponding
the participation of the territorial unit in a separate scope, territorial unit in the
the scope of the transferred or official person to cause damage.
§ 17
(1) if the State was replaced by the damage, which occurred in the activities of a public body
or provide the reparation for the same reason, the resulting
non-material damage, may request reimbursement from those regression who is
participated in the release illegal decision or incorrect official
procedure, if they were to issue a decision or to the official procedure
be entitled to.
(2) if the State was replaced by the damage, which originated from the illegal decision or
of maladministration on which judge or participated in State
Representative, or to provide a satisfaction for the same reason, the resulting
non-material damage, may require the payment of a regression only if
It was the fault of the judge or Prosecutor in disciplinary or criminal
the proceedings.
(3) if the person to pay to the official or territorial units within the scope of the transferred
the regression of the State may require the payment of a regression margin from those who
participated in the release illegal decision or incorrect official
the procedure.
(4) If, under this provision, it shall be entitled to reimbursement of applied regression
against the person for which participation in the exercise of public authority belonged to the obligations
arising from the employment or from him on a par with the senior
or of the proportion of the staff regulations, the amount of the remuneration shall be governed by the specific regression
legislation. ^ 9)
(5) a claim for reimbursement of eligible for regression excludes compensation pursuant to
General regulations.
(6) a claim for payment against the regression cannot be applied, who participated in
on the issue of unlawful decision or incorrect official procedure on the
the parent command, unless the uposlechnutím command committed
of the offence.
section 18
Common provisions on regression payment
(1) the right to reimbursement arises only if the regression, if the damage was
caused by the breach of obligations attributable to the legal.
(2) the fault is obliged to prove the one who claim on regression
remuneration.
(3) if damage is caused by culpable breach of legal obligations more
persons are required to pay remuneration according to the regression of its participation in the
causing damage. In justified cases the Court may decide that the
shall be jointly and severally liable.
(4) Who is obliged to pay the remuneration of the regression, jointly and severally with the
the other, dealing with them according to the participation on causing damage.
(5) the Court may reasonably reduce the regression remuneration, in particular with regard to the
how the damage occurred, as well as to personal and property conditions
physical persons, that it caused. The reduction cannot be performed if the
damage caused intentionally.
(6) the one against which it was applied, shall be entitled to remuneration against regression has
the body, which after the regression, the right to apply payment requires all
the objection that this body can apply towards the victim in proceedings for
compensation for the damage.
Part the second
The responsibility of the territorial units in a separate scope for damage
The first section
General provisions
§ 19
Territorial units in a separate scope of responsibility for damage
caused in the performance of public administration
and) unlawful decision,
b) incorrect official procedure.
The second section
The illegal decision of the
section 20
(1) where a territorial scope in total in a separate proceeding, to which the
subject to the provisions of the administrative procedure, issued illegal decisions, have
the participants in the proceedings the right to compensation for the damage to them by this decision
originated. The right to compensation is also one with which it was not treated as a
a participant in the proceedings, although with him as a party to the proceedings to be treated
should.
(2) if the illegal decision of the regional total in a separate scope
published according to the procedure, which is not determined by the provisions of the administrative procedure, the
the right to compensation for the damage to this decision was a shame.
section 21
(1) for the application of the right to compensation for damage caused by illegal
by the decision of the territorial unit in a separate scope given in proceedings, to
subject to the provisions of the administrative procedure, shall apply mutatis mutandis the provisions of §
8.
(2) a claim for compensation for damage caused by an unlawful decision of the territorial
a separate scope, issued by the procedure, which is not set
the provisions of the administrative procedure, can be applied, if it was enforceable
decision repealed for the illegality of the competent authority.
The third section
Incorrect official procedure
section 22
(1) the territorial units in a separate scope of responsibility for damage caused by
incorrect official procedure. Incorrect official procedure is also
violations of the obligation to take action or to issue a decision in law
the prescribed time limit. Unless otherwise provided by law for performing an action or issue
decision no time limit, it shall be for the maladministration also
violations of the obligation to take action or to issue a decision in a reasonable ^ 8a)
the time limit.
(2) the right to compensation for the damage, which was the incorrect official
the procedure caused the damage.
The fourth section
Regression, the remuneration
section 23
Replacing a separate territorial unit in the scope of the damage caused by the
unlawful decision, in which the issue is directed to the wrong legal
the opinion of the competent authority, which set aside the original legal proceedings
the decision of the territorial unit in a separate scope, or to provide a
same reason reparation for non-material damage suffered, can
require payment on the edge, regression, if the competent authority is
the county or the State, if the competent authority of the State.
section 24
Replacing a separate territorial unit in the scope of the damage, provided the
reparation for non-material damage suffered or paid if the regression
remuneration, may require the payment of a regression from those who participated in the
the release illegal decision or incorrect official procedure.
§ 25
The provisions of section 16. 4, 17 and 18 shall apply mutatis mutandis.
THE HEAD OF THE THIRD
COMMON AND TRANSITIONAL PROVISIONS
section 26
Relationship to the civil code
Unless stated otherwise, the legal relations prepared in this
law of the civil code.
The method and extent of compensation for damage
section 27 of the
The right to reimbursement of the cost of food to survivors ^ 10) after the corrupted,
who died as a result of the exercise of State power or exercising the powers
the territorial units in a separate scope. Those who incurred costs
associated with its treatment and the cost of a funeral, they have a right to compensation for these
costs. ^ 11)
section 28
How to calculate average earnings for determining lost profits for the purposes of
This Act provides for government regulation.
section 29
At the request of the injured party can be used in the calculation of compensation as the average
earnings from damage use the average earnings in the period prior to
criminal prosecution, if it is more favourable to the victim.
section 30
Compensation for loss of profits in the amount of proven; If this is not possible,
then, for each day the detention, imprisonment, protective
education, security detention or protective treatment belongs to
the victim compensation for loss of profits in the amount of Czk 170.
section 31
(1) damages includes such costs that have been damaged
effectively incurred by the cancellation or modification of the illegal decision or on the
remedy the maladministration.
(2) pay the costs of the proceedings may corrupt apply only if
had the chance to do so in the course of proceedings on the basis of procedural
regulations, or if the cost recovery has already been awarded as follows.
(3) the representation costs are part of the costs of the proceedings. Include functional
incurred by cash outlays and fee for representation. The amount of this remuneration shall be
determined in accordance with the provisions of the special legal regulation ^ 12) about the non-contractual
the reward.
(4) the injured party has the right to compensation for the costs incurred by the representation in
the context of the hearing, claimed the right to the competent authority.
§ 31a
Reparation for non-material damage resulting from the
(1) regardless of whether the unlawful decision or improper
the official procedure caused by damage, under this Act, whether or not
reasonable satisfaction for non-material damage suffered.
(2) the satisfaction shall be in cash, if the non-material damage
It was not possible to replace the otherwise and the finding of violations of the law should
was not considered as sufficient. In fixing the amount of the reasonable
satisfaction with the account of the severity of the injury and the circumstances,
in which non-material injury has occurred.
(3) in cases where the moral injury suffered by incorrect official
procedure laid down in section 13 (3). the second and third sentences 1 or § 22 paragraph 1(b). 1 sentence
the second and third, taken into account in determining the amount of the reasonable
satisfaction also to particular circumstances of the case, in particular, to the
and the total length of proceedings)
(b) the complexity of the proceedings)
(c)), which the injured party has contributed to the delays in the proceedings and to
that took advantage of the available resources of eligible to remove delays in
management,
(d)) the procedure of the public authorities during the procedure and
(e) the importance of the subject of the proceedings) the injured party.
The limitation period
§ 32
(1) a claim for compensation under this Act shall become statute-barred after three years
from the date when the injured party became aware of the damage and of the person who is responsible for it.
If the condition for the application of the law on the abolition of the compensation
the decision, the limitation period runs from the date of receipt of the cancellation (notice)
decision.
(2) no later than the claim become statute-barred after ten years from the date when the injured party
It was delivered (notified) illegal decision, which was caused by
a pity; This does not apply in the case of damage to health.
(3) a claim for compensation for non-material injury pursuant to this Act shall be barred
6 months from the date when the injured party became aware of the injury resulting from the non-material
no later than ten years from the date of the occurrence of legal fact
the emergence of non-material injury. If the pecuniary injury was
incorrect official procedure under section 13 (3). 1 the second and third sentences or
section 22(2). 1 the second and third sentences, the limitation period ends earlier than 6
months from the end of the proceedings, in which this maladministration
has occurred.
section 33
Entitled to compensation for the damage caused by the decision on custody, the sentence or
protection measures shall be barred two years after the date when the acquired
able to exculpatory decisions, decisions, which were criminal proceedings
stopped, repealing decision, a decision the matter was referred to the
another body, or a decision condemning to the lighter sentence.
§ 34
(1) the Entitlement of a State pursuant to § 16 and § 17 paragraph. 1 and claim a territorial unit in the
a separate scope according to section 23 and 24 on the regression will be barred
year from the date when compensation has been paid.
(2) the claim of a territorial unit in the transferred responsibilities and official persons according to §
17 paragraph. 2 the regression will be barred for a year from the date when the
the remuneration paid to the regression.
section 35
(1) the limitation period running from the date a claim for damages to the
the end of the preliminary hearing, however, for a period of 6 months.
(2) the period of limitation is not running after a period of disciplinary or criminal proceedings, the judge
or the Prosecutor (section 17 (2)).
section 36
The transitional provisions of the
Responsibility under this law shall apply to damage caused by
the decisions, that was released from the effective date of the Act, and the damage
from the effective date of the law caused by incorrect official procedure.
The responsibility for the damage caused by the decisions, that was released prior to the
effective date of the Act, and for damage caused before the date of effectiveness of the
the law incorrect official procedure is governed by the existing rules.
PART THE SECOND
CANCELLATION PROVISIONS
§ 37
Act No. 58/1969 Coll. on liability for damage caused by
by decision of the authority of the State or by its incorrect official procedure.
PART THE THIRD
CHANGE THE ORDER OF THE NOTARY
section 38
The law of the Czech National Council No. 358/1992 Coll., on notaries public and their activities
(the notarial regulations) is amended as follows:
In section 57, the words "notary public applicant corresponds to" be replaced by "unless the
the special law to the contrary, the notary applicant is responsible ".
PART THE FOURTH
FINAL PROVISION
section 39
The effectiveness of the
This law shall enter into force on the thirtieth day after the date of its publication.
Zeman in r.
Havel in r.
Tošovský in r.
Selected provisions of the novel
Article II of Act No. 160/2006 Sb.
The transitional provisions of the
The liability under this Act for the non-material damage caused by the
incorrect official procedure under section 13 (3). the second and third sentence 1 and §
22 paragraph 1(b). 1 the second and third clauses of Act No. 82/1998 Coll., as amended effective
from the date of entry into force of this law, shall also apply to
non-material damage arising before the date of entry into force of this Act,
If he was not entitled to compensation for this injury barred; in the event that the
the injured party has filed before the entry into force of this law to the European Court
for the human rights of this title in the matter of timely complaint, which
This Court has not yet gone before the final decision, the limitation of the claim
on the compensation for non-material damage for 1 year from the effective date of this Act.
1) Eg. section 39 of law no 289/1995 Coll., on forests and on the amendment and supplement
Some laws (forest law), section 3 of the CZECH NATIONAL COUNCIL Act No. 564/1990 Coll., on
the State administration and self-government in education, as amended by Act No. 139/1995 Sb.
2) § 2 and 62 et seq.. the CZECH NATIONAL COUNCIL Act No. 358/1992 Coll., on notaries public and their
activities (notarial regulations).
3) § 38 ZPO.
3A) Law No 120/2001 Coll., on the activities of bailiffs and enforcement
(enforcement procedure) and amending other laws.
for example, Article 3B). 8 of the Charter of fundamental rights and freedoms, article. 5 Convention on the
the protection of human rights and fundamental freedoms, as amended
protocols, the renowned under no. 209/1992 Coll., as amended by communication No. 41/1996
And communication No. 243/1998 Coll.
4) head to the third part of the fifth code of civil procedure.
5) § 163a of the criminal procedure code.
6) § 307 et seq.. the criminal procedure code.
7) § 309 et seq.. the criminal procedure code.
section 172, paragraph 8). 2 of the code of criminal procedure.
for example, Article 8a). 5 and 6 of the Convention for the protection of human rights and fundamental
freedoms.
9) § 179 of the labour code.
10) Section 448 of the civil code.
11) § 449 BGB.
12) for example, Decree No. 177/1996 Coll., on the remuneration of lawyers and compensation
advocates for the provision of legal services (tariff law), as amended by
amended.
section 26 c, paragraph 13). 9 of law No 21/1992 Coll., on banks, as amended by Act No.
41/2011 Sb.
