On The Procedures For The Exercise Of Enforcement And Other Activities

Original Language Title: o postupech při výkonu exekuční a další činnosti

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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 "