418/2001 Sb.
DECREE
The Ministry of Justice
of 19 December 2003. November 2001
on the procedures for the exercise of enforcement and other activities
Change: 463/2009 Sb.
Change: 491/2009 Sb.
Change: 149/Sb.
Change: 149/2013 Coll. (part)
Change: 365/2014 Sb.
The Ministry of Justice pursuant to section 131 provides (a). e) of Act No.
120/2001 Coll., on the activities of bailiffs and enforcement (enforcement procedure)
and amending other laws, (hereinafter referred to as the "Act"):
PART THE FIRST
GENERAL PROVISIONS
TITLE I OF THE
INTRODUCTORY PROVISIONS
§ 1
To perform tasks
(1) the Acts that are the subject of enforcement and other activities carried out
the bailiff (hereinafter referred to as the "executor"). Under the conditions laid down by law
These actions may also be executory candidate (hereinafter referred to as "candidate")
and an associate. Acts in the performance of a decision pursuant to
Code of civil procedure is performed by a bailiff, may, under the conditions
laid down by law to perform also the executor the executor. For more
the employee may be delegated by the bailiff simple things that
are subject to execution or other activities.
(2) the Acts are carried out according to the circumstances of the case at such a time, when I can
probably assume the result. The following tasks can be performed even outside the
normal working hours and on days of rest.
(3) is to be effected in the military and of the object or object in the
armed corps or the intelligence services, must the executor
request your permission in advance of the relevant Commander or Director.
(4) the Act that is to be carried out in buildings and rooms people that
shall enjoy diplomatic privileges and immunities may be performed only if the
If they are permitted under international law. About performing an action must the executor
in due time, inform the Ministry of Justice and the Ministry of foreign
things and ask them to dispatch a representative to such an act.
(5) the Executor is entitled to take the measures needed to preserve
fine and smooth performance of execution. If you perform a execution
the infestation of the executor, or other situation which makes it impossible to perform the
of the Act, shall refrain from the further implementation of the Act and shall make a record of it in the
the case file; the bailiff shall determine a new date and place of the Act. If they are
satisfied the conditions laid down by specific legislation, "^ 1") may
the bailiff may request a competent police authority to provide protection.
§ 2
Protocol
(1) any act carried out in the framework of the enforcement activities of the bailiff draws up a
Protocol. If the Act was made in written form and the Charter, which is the Act
captured, is based on the files, the log is not made out.
(2) the following shall be entered in the log
and the Office of the bailiff and) indication of the file number,
(b) authorized and compulsory) identification,
(c)) the place, time and the subject matter of the Act,
(d)) first and last names of employees by a bailiff, who participated in the Act,
name and surname of the stakeholders and their representatives, and the names and
the surname of the other people that were present when the Act, if it was possible to
to determine their identity,
e) a concise summary of the course of action, in particular the content of the proposals, which were
It submitted.
(3) the Protocol should be drawn up immediately after the end of the Act, if
be still in place. The Protocol signed by the executor, present
the participants, their representatives, and those present, who confirmed receiving money
or other things, and people přibrané to act. The Protocol signed by both
the Declaration must be in the log.
(4) If a participant or his representative present moves away from
by signing the Protocol, noting this fact in the log. If
someone who should sign the Protocol, signature,
makes a note of it in the log, stating its reasons, if they have been disclosed.
(5) may, exceptionally, the Protocol drawn up by additional notes
taken in the Act. Executor shall sign such a protocol itself and in
the reason why the Protocol was drawn up subsequently. The following cannot be
to do this, the Protocol has to be certified by the receipt of money or other things
or if the person přibraná to sign the Protocol of the Act, or the one whose
the Declaration is to be noted in the log.
§ 3
(1) when carrying out enforcement bailiff gives to the participants, as well as other
persons concerned by the execution refers to, lessons on their procedural rights and
obligations.
(2) the bailiff shall prepare a notice stating that the clause faggots
She was entered into the register initiated the resolution on execution or delay
execution and stop the execution, an enforcement order and order for payment of costs
the execution took legal force, and deliver to them.
§ 4
Cooperation from third parties
(1) in the application for assistance with the Monetary Institute of the bailiff shall indicate that the
requesting the following information about the debtor's assets:
and) account numbers or other unique identifiers and their species,
(b)) numbers of passbooks, or other unique identifiers,
(c)) the current balances on accounts and certificates of deposit books,
(d) information on previous management) execution or other restriction
(e) changes in accounts for) period last 90 days retroactively from the date of delivery
the application in the form of a statement of account,
(f) other information assets), which manages the principal financial institution
or that it is a mandatory or compulsory for financial institution sufficiently.
(2) the format and structure of the data file containing the request for
synergies are laid down in annex 1 to this notice.
(3) if required renting safety deposit box for the financial institution,
financial institution shall indicate in the response instead of the data referred to in paragraph 1 (b). (f))
identifying information to the safety deposit box and a place where it is located.
(4) the provisions of paragraphs 1 to 3 shall also apply to the findings of the information about the property
the husband of the debtor apply mutatis mutandis.
§ 5
A statement of the debtor's assets
(1) the bailiff is entitled to
and look into documents) about the Declaration of the debtor's assets, or
(b)), if it thinks fit, call a compulsory and invite him to
voluntary compliance with the obligation under an enforcement order, and to
statement of assets.
(2) if the executor shall choose the procedure referred to in paragraph 1. (b)), then about
statement of assets shall proceed mutatis mutandis in accordance with § 260a para. 2 to § 260h
Code of civil procedure. The provisions of § 260b para. 1 shall not apply.
The bailiff also nepoučuje about the consequences if the debtor statements will be
refused or if it will be presented a false or grossly
distorted data.
Section 5a
(1) the format and structure of the data file, which is annexed to the enforcement
the command and the annex to the notification about the fact that the conditions were met pursuant to section
52 para. 3 of the Act, in the case of faggots deductions from other income
paid by the Employment Office of the Czech Republic or the Czech administration of social
security, and the data file, which the Labour Office of the Czech Republic, or
Czech social security administration shall communicate to the designation of the executor
the obligation, which is to be enforced by execution, as provided for in annex No. 2
to this Decree.
(2) the format and structure of the data file, which is annexed to the enforcement
the command and the annex to the notification about the fact that the conditions were met pursuant to section
52 para. 3 of the Act, in the case of faggots commandments claims
compulsory from an account with the money of the Institute, and the data file, which the monetary
the Department tells the bailiff account numbers and the amount of funds on the
subject to the prohibitions under section 304 paragraph 1. 1 and 3 of the code of civil
the order, and the designation of responsibilities, which is to be enforced by execution, are
regulated in annex No. 3 to this notice.
§ 6
Execution costs and expenses authorized
(1) the bailiff shall in enforcement method of execution designed to
faggots imposing payment of an amount of money, which will be
Alternatively, on the basis of the payment order execution costs recovered the costs of
execution and the cost of the entitled party.
(2) if in execution command listed the likely costs of execution and
the likely costs of authorized, shall issue to the bailiff payment order
the cost of execution immediately after when it comes to meeting or recovery
duties to be recovered in enforcement proceedings with the exception of the costs of enforcement and
the cost of the entitled party. Executor is obliged to learn about this fact
the parties in execution of the command, in which these likely
the cost of said.
(3) if the costs of execution or cost authorized after the release
the statement referred to in paragraph 1 shall be raised, or in additional costs, it shall issue
bailiff next statement to cover the costs of execution.
§ 6a
The bailiff shall ensure that after the representation began, they were his representatives
passed to the writings of performance recovered in enforcement, secured things enforcement
custody and registers, or stamp, and sealer.
§ 6b
Agreement on the special account pursuant to § 46 para. 5 of the Act must also include the
the arrangement that the permission to dispose of the funds in this account
also have a representative of the executor for representation and the executor appointed to
the bailiff Office, whose performance has lapsed to the bailiff, who closed the
agreement on a specific account.
TITLE II
DELIVERY
the title launched
§ 7
cancelled
§ 8
(1) the Court may, pursuant to § 76 para. 1 instruct law documents
only the bailiff, who was appointed to the Circuit Court of the County in which the
be effected, or executor, having its registered office in the municipality in which the
be effected.
(2) if it is to be served under paragraph 1, the Court delivered another in a circuit
the District Court shall assign the delivery of documents at the request of the executor
the competent court, the Court in whose district is to be effected.
The requested court shall be sent together with the application document, which also has a
to be served.
(3) a document of a court referred to in paragraphs 1 and 2 may the bailiff
deliver only myself (personally or through an employee).
§ 9
Service of documents by a bailiff
(1) notification of the fact that the clause was written into the faggots
the register initiated foreclosures, and that an enforcement order entered into the legal
power is delivered to the persons to whom, depending on the execution
delivers notification of final resolutions on enforcement
According to the code of civil procedure.
(2) an order for payment of costs shall be served on the execution creditor and the
to the debtor. After the acquisition of legal power to command, to cover the costs of execution
be served on the persons referred to in paragraph 1.
(3) the notification of the fact that the resolution on the postponement of execution, or to stop the
the execution came into legal force, be served on the executor to those to which the notification of the
delay or stop the enforcement of the judgment delivered by the civil
Code of civil procedure.
§ 10
Common provisions on service
(1) the delivery shall be treated according to the rules of civil procedure and
the Decree on the rules of procedure for the district and regional courts ^ 2). If done
delivery of the executor, has the same rights and obligations as those
the laws confer and impose the Court or the court process;
the same applies, if the service through operator
the postal service or any other person who carries out the transport of shipments.
The provisions of § 48 para. 4 of the code of civil procedure also applies to documents
executor of the analogy.
(2) the bailiff to serve postal
services or any other person who carries out the transport of shipments, shall be responsible for
as if the delivery is made by myself (in person or by
their employees).
PART TWO
HOW TO BAILIFF IN EXECUTION AND OTHER ACTIVITIES
section 10a
(1) submit to the bailiff to the bailiff's Court of appeal, or dovolacímu
the case for a decision, shall submit at the same time with the enforcement document order
report and filing overview.
(2) the Patterns of the orders for the production of things to the Court reports are modified
in annex 4 to this notice. If the Court submitted to the thing which is not
in annex 4 to this Decree modified the order message pattern, the
with the models set out in annex 4 to this notice mutatis mutandis.
(3) if the executor after transmission of the case file to the Court in the enforcement proceedings
another Act, this Act shall inform the Court, possibly sending a copy of the
decision.
section 10b
(1) the electronic file with the Court shall be presented in a single directory that can
be compressed into a zip or rar format.
(2) the electronic file shall be submitted to the hard data carrier.
(3) each document is saved in a separate file. Individual files
are saved in the following formats:
and) files containing the text documents and receipts in pdf format or
zfo,
b) files containing electronic mail in EML format,
c) files that contain images (photos) in jpg, jpeg, or
JPEG (Joint Photographic Experts Group File Interchange Format), png
(Portable Network Graphics), tiff (Tagged Image File Format) or gif
(Graphics Interchange Format),
d) files containing video in mpeg1 or mpeg2 format (Moving
Picture Experts Group Phase 1/Phase 2),
e) files that contain audio in wav (Waveform Audio
Format), mp2 or mp3 (MPEG-1 Audio Layer 2/Layer 3).
(4) the Outgoing documents executor or his authorized employee must affix the
an advanced electronic signature. The conversion shall be carried out by an authorised
incoming documents, which are important for the conduct of the execution, in particular for
the Court's decision, the appeals, the procedural administration of the participants and the
full powers.
(5) the name of the file in the directory is the same as the name of the document in the spisovém
Overview and contains the reference number (the serial number of the Act).
(6) the name of the file with the name of the document contains the acknowledgement of receipt and the name of
of the addressee.
section 10 c
(1) to a directory with an electronic document shall be attached the file with a file
an overview of. This file contains the number of the executor of the tag, file
tag Court, under which the competent court commissioned a bailiff by performing
the execution, the creditor, debtor and the designation of the enforcement order, or
a link to another document, an indication of the order number of the related custody and
more information at the discretion of the executor; If the enforcement order is stored
cash transactions, the amount of such transactions. If the matter is not addressed
the amount of performance, to be presented to the directory and the file that contains the financial
an overview of the.
(2) the bailiff shall submit an electronic file of execution
and an overview of the file) that contains numbers rules (serial numbers
of the Act), pertinent document names and links to all files with
each outgoing or incoming documents (§ 10b, paragraph 4, and 5)
or
(b)) with a file overview that allows you to directly go to the individual
files with documents and doručenkami (interactive filing overview);
direct transition means clicking on the document name in the spisovém
the overview.
(3) the Filing summary and individual files are sorted chronologically.
§ 10 d
The provisions of § 10b and 10 c shall apply mutatis mutandis for submission
the documentary writings writings of the courts and for the presentation of the Chamber of bailiffs
The Czech Republic, the Ministry of Justice and the Presidents of the district
of the courts.
§ 10e
(1) the decision of the Court of Appeal characterized the legal clause can
the executor.
(2) if the executor an electronic file, shall retain the original of the decision
the Appeals Court, or dovolacího Protocol on voting in a sealed
the envelope, or other documents to appeal or abandoned by such extraordinary appeal
Court docket in the auxiliary listinném. In the electronic docket will make executor
a link to such an auxiliary documentary file.
§ 11
Unless otherwise provided by law or this Ordinance shall apply to the procedure
bailiff in the implementation of the various means of execution reasonably
the provisions of the ninth section of the second to the fifth Decree on rules
regulations for the district and regional courts. ^ 3)
Execution for the recovery of financial
§ 12
If requested by it in implementing the execution deductions from wages and other income
payer's wages, legitimate or compulsory and if not execution carried out in
getting more legitimate, shall designate the executor, what amount should be in
the appropriate pay period payroll mandatory withheld.
section 13 of the
If a court or bailiff when you perform a execution commandments
the claim of the account at the financial institution the postponement of execution, and if there was a cash
the Institute delivered a resolution on authorisation of delay before execution,
does not make a financial institution of the execution until he delivered a bailiff;
Notice that the postponement has been cancelled, or in the event that the Court or bailiff
has enabled deferment of execution pursuant to § 54 para. 3 of the Act, notice that the
delay has elapsed.
§ 14
cancelled
§ 15
(1) the audio-visual record, which shall be recorded in the course of the inspection of the apartment
and other rooms, contains the date and time in which the recording
in progress. All operations must be recorded that during the search of the apartment
and other rooms occurs.
(2) Gold in a different form than the world's most marketable slitcích, other
precious metals and precious stones expert estimates. The executor is subsequently sold in
auction as movables.
section 16 of the
The auction house dealing with the implementation of the execution sale of immovable property and
the sale of the business establishment can control only the executor or a candidate;
operations at the hearing, which does not act, it may, on the basis
the executor's credentials to perform another bailiff; in doing so, will be subject to
the instructions of the bailiff or the candidate.
section 16a
The auction of real estate carried out electronically
(1) if the executor do this electronically, auction the auction conduct
with the present. Immediately prior to the start time of the electronic auction on
the address of the website to which the auction will be held, the executor
shall publish the decisions, whether it is established right of first refusal or reservation
repurchase, and notifications that other easement, lease, výměnky
pachtovní or pre-emptive rights not mentioned in the auction to real estate
things are getting stuck. Furthermore, whether it was found that action was brought on
exclude sold immovable property from execution.
(2) the identity of the bidders and the other participants in the auction can be verified
application to participate in the auction, signed
and the bailiff or his) prior to an employee after the proof of identity
a valid official identification,
(b)) a notarized signature, or
c) recognized electronic signature.
(3) each bidder in the auction is marked on the outside of the identifier
which cannot be identified.
(4) the auction shall be held when bidders make submissions. The bailiff to do so
the auctioneer to make more submissions, and will not notify bidders that will be
to give the percussion.
(5) If, in the last five minutes before the end time of the auction has been made
filing, the scrolls with the end time of the auction about five minutes from the time of
the last administration. If it is made within this period higher administration,
the end time of the auction about five minutes. If since the last taken
the submission of five minutes, without having made a higher administration, electronic
this auction ends.
(6) immediately after the end of the auction the bailiff hammering bidder, shall grant the
who made the highest bid.
(7) the auction shall be recorded in a record, which shall be
and the information referred to in section 2), para. 2 (a). a) to (c)),
(b)) a brief synopsis of the acts and decisions referred to in paragraph 1,
(c) a list of the individual bidders with) assigned identifier by
paragraph 3,
(d)) made by the bids, with an indication of the amount of time and the person who
bid has made,
e) indication of the facts referred to in paragraph 6.
section 16b
Auction of movable assets made electronically
For sale by auction of movable assets made electronically § 16a mutatis mutandis.
§ 17
Execution for the recovery of non-monetary transactions
The fine imposed in connection with performing the work or performance according to the § 351
Code of civil procedure fall State and principal is always obliged to
the fine paid on account of the enforcement of the Court; must be a bailiff;
advised.
section 18
Voluntary auction
(1) the conduct of the auction or in the implementation of movable of immovable property
on a proposal by the owner or the person authorized to dispose of the goods covered by the
the provisions of § 16 and 16a.
(2) the proceeds of the sale shall be paid to the applicant.
PART THREE
The EFFECTIVENESS of the
§ 19
This Decree shall take effect on the date of publication.
Minister:
JUDr. Bures in r.
Annex 1
The format and structure of the data file containing the request for cooperation and
in response to a request for assistance
This annex sets out the definition of data structures, formats, queries and
the answer, as well as the rules of the Exchange.
I. RULES FOR STANDARDIZED DATA EXCHANGE
1) General rules
and) it is a type of data exchange
query/response (request/response)
where the request is made by a bailiff and the response you are querying to the Bank.
b) query/response data format will use the XML syntax
(eXtensible Markup Language)
(c)) in one batch file questions and answers is only one structure
with one header that one batch with multiple queries
(d)) file is encoded in UTF-8
e) lines of the file are odřádkovány CR + LF (ASCII 13 + 10), including
the last line
f) XML structure Lines may or may not be structured
g) file must have an introductory XML header "
