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Changes To The Laws In Connection With The Adoption Of The Law On Assets Of The Czech Republic

Original Language Title: změny zákonů v souvislosti s přijetím zákona o majetku ČR

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220/2000 Sb.



LAW



of 27 June. June 2000



on changes of some acts in connection with the adoption of the law on property

The Czech Republic and its performance in legal relations



Change: 130/2002 Sb.



Change: 364/2000 Sb.



Change: 264/2006 Sb.



Change: 256/2013 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



To change the code of civil procedure



Article. (I)



Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967

Coll., Act No. 158/1969 Coll., Act No. 49/1973 Coll., Act No. 20/1975

Coll., Act No. 133/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991

Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993

Coll., Act No. 171/1993 Coll., Act No. 117/1994 Coll., the Act No. 152/1994

Coll., the Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995

Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995

Coll., the finding of the Constitutional Court No. 31/1996 Coll., Act No. 142/1996 Coll.,

the finding of the Constitutional Court No. 269/1996 Coll., Act No. 202/1997 Coll., Act

No. 227/1997 Coll., Act No. 15/1998 Coll., Act No. 91/1998 Coll., Act

No 165/1998 Coll., the Act No. 326/1999 Coll., Act No. 360/1999 Coll., the award

The Constitutional Court No 2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000

Coll., Act No. 46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000

Coll. and Act No. 155/2000 Coll., is hereby amended as follows:



1. § 21a is inserted:



"§ 21a



(1) for the State before the Court performs the appropriate organizational State

under special legislation.



(2) before the Court on behalf of the State, is the head of State organizational folder

or authorized employee of this State or any other organizational folders.



(3) the provisions of § 21. 4 and 5 shall apply mutatis mutandis. ";"



2. In section 85, paragraph. 4, after the words "District Court" shall be inserted after the words "in the

the circuit has its registered office in accordance with the relevant State

special legal regulation, and not to the locally competent court

specify the Court ".



PART THE SECOND



Change in the law establishing the Civil Code shall be added and edited some of the

other property relations



Article II



In the Act No. 131/1982 Coll., amending and supplementing the civil code and the

edit some other property relations, article II shall be deleted.



PART THE THIRD



Amendment of the Act concerning the conditions of the transfer of State assets to other persons



Article. (III)



Act No. 92/1991 Coll., on conditions for the transfer of State assets to other persons,

as amended by Act No. 92/1992 Coll., Act No. 264/1992 Coll., constitutional

Act No. 541/1992 Coll., Act No. 5/1992 Coll., Act No. 210/1993 Coll.

Act No. 306/1993 Coll., Act No. 224/1994 Coll. and Act No. 27/2000 Coll.

is amended as follows:



1. In article 1 (1). 1 the words "other State organizations", the words

"(hereinafter referred to as" the company ")".



2. In article 1 (1). 1, the words "or of the assets of the State in the use of the organizations,

the founder of the municipality (hereinafter referred to as "the company"), or that is in the

management of the Land Fund of the Czech Republic, including their property

participation in the business of other legal persons, as well as the terms of transfer

equity of the State on this business "shall be replaced by the words" or

the assets of the State in the management of the Land Fund of the Czech Republic, as well as

the conditions for the transfer of ownership of the State on the other

legal persons ".



3. In section 5, the following paragraph 1, which reads as follows:



"(1) a selection of assets and interests of the State of the business

legal persons shall be decided by the Government for the privatisation of the Czech Republic

(hereinafter referred to as "the Government"). ".



The present text becomes paragraph 2.



4. In article 9, paragraph 1 reads:



"(1) the Authority of the State administration of the Republic, who shall exercise the rights of the State for

the equity of the enterprise legal persons responsible for

the elaboration of these draft privatization project participation within

set by the Government, and submit them to the Ministry. ".



5. In section 11 (1). 5, the words "and the community" shall be deleted.



6. In article 45, paragraph 1 reads:



"(1) State assets and equity of the State of the business

legal persons, selected for privatization, is treated only in accordance with

of this law. If he was on such a thing presented privatization

the project cannot be to him to establish a lien. ".



7. In article 45, paragraph 2, 5, 6 and 8, including footnotes

No 12) and 15) shall be deleted.



8. In section 45, the present paragraph 7 shall become paragraph 2.



Article IV



The transitional provisions of the



Things in the ownership of the State, which under section 57, paragraph. 5 of Act No. 219/2000

Coll., on the Czech Republic and its assets in legal relations,

died on 1 July. January 2001 the law of management carried out so far by the State

organisations, for which the function was the founder and the competence of these

organizations set up, manage and zrušovat passed according to the Special

the legislation on the relevant Councils of municipalities, shall be construed as

the assets referred to in section 1 (1). 1 of Act No. 92/1991 Coll., on conditions for the transfer of

the State property to other persons, as amended by law No. 210/1993 Coll. and act

No 224/1994 Coll., If this property is selected as the appropriate to the

privatization, organizational component of the State competent to manage this

the property fulfils, mutatis mutandis, the obligations of the founder of the firm, as appropriate, in accordance with

Act concerning the conditions of the transfer of State property to other persons.



PART THE FOURTH



The amendment to the law on cadastre of the Czech Republic



Article. In



cancelled



Čl.VI



The transitional provisions of the



1. If it was to things, or flats and non-residential spaces in

the ownership of the State, registered in the cadastre, has not yet entered the right

management ^ 19) or the interim administration, ^ 20) will continue to be written to them

the jurisdiction of the State or of State business organizations manage

State assets in accordance with Act No. 219/2000 Coll., on the Czech property

of the Republic and its performance in legal relations.



2. If the flats and non-residential spaces in the ownership

registered in the cadastre of the State, not yet registered by the Fund management

children and youth, ^ 21) writes to them, the jurisdiction of this State Organization

manage state assets under the Act referred to in paragraph 1 on the basis of the

its announcement.



3. If the flats and non-residential spaces in the ownership

registered in the cadastre of the State, have not yet entered the right management ^ 19) and

This right shall lapse under the Act referred to in point 1, ^ 22) writes to them

the jurisdiction of the business of the State to manage the property of the State in accordance with

the Act referred to in paragraph 1 on the basis of its report.



PART THE FIFTH



Amendment of the Act on State statistical service



Article. (VII)



Law No. 89/1995 Coll., on State statistical service, as amended by Act No.

356/1999 is amended as follows:



1. In section 2 (2). 5, the words "legal or natural person or

part of the State and authority "shall be replaced by the words" legal person, organizational

the State or a natural person ".



2. In article 2 (2). 7, after the words "legal person", the words ",

organizational component of the State ".



3. In section 22, paragraph. 4, after the words "legal persons", the words "and

organizational folder State. "



4. In section 22, paragraph. 5, after the words "legal person", the words "and

organizational folder State. "



5. In section 22, paragraph. 7, after the words "legal person", the words ",

organizational folder State. "



PART SIX



Amendment of the Act on general health insurance company



Article. (VIII)



In section 3 of the Act No. 551/1991 Coll., on general health insurance company, the

the words "exercises the right of economic management" shall be deleted.



PART SEVEN



The amendment to the law on departmental, sectoral, Enterprise and other health

insurance companies



Article. (IX)



In section 11 of Act No. 280/1992 Coll., on departmental, industry, corporate, and

other health insurance companies, the words "exercises the right of economic management"

shall be deleted.



PART EIGHT



Amendment of the Act on the Office of the President of the Republic



Article. X



In section 1 (1). 1 of Act No. 114/1993 Coll., on the Office of the President of the Republic,

the second sentence is deleted.



PART NINE



The amendment to the law on the Academy of Sciences of the Czech Republic



Article. XI



Act No. 283/1992 Coll., of the Academy of Sciences of the Czech Republic, is amended as follows:



1. In article 1, the second sentence shall be deleted.



2. In section 3, paragraph 3. 2, the words "as such establishes the workplace as a

budget or contributory organization "shall be replaced by the words" establishes

the workplace as a contributory organization ".



3. In section 10, paragraph 1 reads:



"(1) the President is acting in all matters relating to the Academy.".



4. In section 10, paragraph 1. 4, the words ' acting in defined areas on behalf of the

The Academy "is replaced by" in the defined areas ".



5. In article 12, paragraph 1 shall be deleted and paragraph 2 shall be abolished.



6. In section 13 is at the end of subparagraph (g)) be replaced by a semicolon and the following dot

the words "for this purpose, may enter into contracts with these institutions on the

Association. ".



7. In article 17, the words "other budgetary or contributory organizations"

replaced by the words "any other workplace.



PART TEN



cancelled



Article. XII



cancelled



PART ELEVEN



cancelled



Article. XIII



cancelled



PART OF THE TWELFTH



The amendment to the Act on collective bargaining



Article. XIV



In section 3 of the Act No. 2/1991 Coll., on collective bargaining, the present

the text becomes paragraph 1 and the following paragraph 2, including the

footnote No. 17) and 18):



"(2) Zaměstnavatelskou the organisation referred to in paragraph 1 (b). (b)) means the

whether or not the State in which it is the State; ^ 17) to conclude

a collective agreement may be the head of State or other organizational folders

authorised representative. ^ 18)



17) section 3 of the Act No. 219/2000 Coll., on the Czech Republic and its

in legal relations. § 8b of the labour code.



18) § 9a of the labour code ".



PART THIRTEEN



cancelled



Article. XV



cancelled



PART OF THE FOURTEENTH



The amendment to the law on the Organization and implementation of social security



Article. XVI



Act No. 582/1991 Coll., on the Organization and implementation of social security,

as amended by law No 590/1992 Coll., Act No. 37/1993 Coll., Act No.

160/1993 Coll., Act No. 308/1993 Coll., Act No. 241/1994 Coll., Act No.

118/1995 Coll., Act No. 160/1995 Coll., Act No. 134/1997 Coll., Act No.

306/1997 Coll., Act No. 93/1998 Coll., Act No. 222/1999 Coll., Act No.

356/1999 Coll., Act No. 360/1999 Coll., Act No. 18/2000 Coll., Act No.

29/2000 Coll., Act No. 132/2000 Coll., Act No. 133/2000 Coll., Act No.

155/2000 Coll. and Act No. 155/2000 Coll., is hereby amended as follows:



1. In section 5, paragraph 2 shall be deleted and paragraph 1 shall be abolished.




2. In section 120 c the present text becomes paragraph 1 and the following

paragraph 2, including the footnote. 67a):



"(2) for the purposes of this Act, has the organizational component State ^ 67a)

status as a legal person.



67A) section 3 of the Act No. 219/2000 Coll., on the Czech Republic and its

in legal relations ".



PART FIFTEEN



The amendment to the law on social security and a contribution to the State

employment policy



Article. XVII



In Section 23b of the Act No. 589/1992 Coll., on social security and

contribution to the State employment policy, as amended by Act No. 160/1995

Coll., the present text shall become paragraph 1 and the following paragraph

2, including the footnote No. 65a):



"(2) for the purposes of this Act, has the organizational component State ^ 65a) the same

legal status as a legal person.



65A) section 3 of the Act No. 219/2000 Coll., on the Czech Republic and its

in legal relations ".



PART SIXTEEN



Amendment of the Act on public health insurance and amending and supplementing

some related laws



Article. XVIII



In section 2 of the Act No. 48/1997 Coll., on public health insurance and amending

and the addition of some related acts, at the end of paragraph 2 dot

be replaced by a comma and the following words, including footnotes

No 1a): "as well as the organizational part of the State." ^ 1a)



1A) of section 3 of Act No. 219/2000 Coll., on the Czech Republic and its

in legal relations ".



PART SEVENTEEN:



Amendment of the Act on pension insurance



Article. XIX



In section 11 of Act No 155/1995 Coll., on pension insurance, as amended by law

No 134/1997 Coll. and Act No. 289/1997 Coll., on the end of paragraph 2 dot

be replaced by a comma and the following words, including footnotes

No 16a): "as well as the organizational component state. ^ 16a)



16A) section 3 of the Act No. 219/2000 Coll., on the Czech Republic and its

in legal relations ".



PART EIGHTEEN



Amendment of the Act on the Supreme Audit Office of the



Article. XX



Act No. 166/1993 Coll. on the Supreme Audit Office, as amended by Act No.

331/1993 Coll., Act No. 117/1994 Coll., Act No. 224/1994 Coll., Act No.

58/1995 Coll., Act No. 237/1995 Coll., the finding of the Constitutional Court No 296/1995

Coll., Act No. 148/1998 Coll. and Act No. 132/2000 is amended as follows:



1. In section 3, paragraph 2:



"(2) Control in the range referred to in paragraph 1 shall exercise the authority, subject to the

the special law to the contrary,



and organizational components of the State)



(b)) legal and physical persons. ".



Footnote 1) is repealed.



2. In section 17(2). 3 letter a) is added:



"and the subject and the objectives of the control), and the designation of controlled authority,

organisational components of the State, legal or natural persons (hereinafter referred to as

"controlled person"), ".



3. In article 33 paragraph 2 is added:



"(2) the management of the Office of State assets, including the resources of the State

budget chapter Office controls the Chamber of deputies or the authority,

that's set up for this purpose or that the task mandated. ".



PART OF THE NINETEENTH



The amendment to the law on the scope of the authorities of the Czech Republic in matters of transfers

the State assets to other persons and the national property Fund of the Czech Republic



Article. XXI



Act No. 171/1991 Coll., on the scope of the authorities of the Czech Republic in matters

transfers of assets to other persons and the national property Fund of the Czech

Republic, as amended by Act No. 285/1991 Coll., Act No. 438/1991 Coll.,

Act No. 569/1991 Coll., Act No. 282/1992 Coll., Act No. 210/1993 Coll.

Law No 224/1994 Coll., Act No. 120/1995 Coll., Act No. 135/1996 Coll.,

Act No. 104/2000 Coll. and Act No. 211/2000 Coll., is hereby amended as follows:



1. In section 2 (2). 1, first and second in the sentence, the words "and the community" shall be deleted.



2. In article 2 (2). 2, the words "and the community" shall be deleted.



3. In section 5 (3). 5, the words "and the community" shall be deleted.



PART TWENTY-



Amendment to the law on State Enterprise



Article. XXII



Law No. 77/1997 Coll., on the State of the enterprise, as amended by Act No. 30/2000

Coll., is hereby amended as follows:



1. In section 2 (2). 5 the second sentence and the fourth shall be deleted.



2. In section 16 paragraph 2 is added:



"(2) an undertaking under this Act shall exercise based on management of

the property of the State, the rights of the owner under special legislation. ".



3. In section 16 paragraph 3 reads:



"(3) the legal acts relating to property made by an undertaking without the

approval of the founder of the prescribed this law are invalid from the

the very beginning. Without prejudice to the provisions of the special legal

If the legislation makes the validity of a legal transaction authorization exceptions

approval or prior consent of the Government or the specified

Ministry. ".



4. In section 16 paragraph 6 the following paragraph 7 is added:



"(7) the company may establish a lien to the property only with the approval of

founder. ".



The present paragraph 7 shall become paragraph 8.



5. § 17 paragraph 2 is added:



"(2) with the specified property can be treated only with the approval of the undertaking

founder. ".



PART OF THE TWENTY-FIRST



cancelled



Article. XXIII



cancelled



PART TWENTY-TWO



The EFFECTIVENESS of the



Article. XXIV



This law shall enter into force on 1 January 2005. January 1, 2001.



Klaus r.



Havel in r.



Zeman in r.



19) § 761 paragraph. 1 of the commercial code.



Decree No. 119/1988 Coll., on management of national assets in the text of the

amended.



20) § 761 paragraph. 1 of the commercial code.



Decree No. 61/1986 Coll., on the interim administration of national property, in

the text of Act No. 539/1992 Sb.



21) Law No 113/1993 Coll., on children and Youth Fund, as amended by Act No.

307/1997.



section 57, paragraph 22). 5 of Act No. 219/2000 Sb. ".