Changes To The Laws Due To The Adoption Of The Law On The Office Of The Government Representation

Original Language Title: změny zákonů z důvodu přijetí zákona o Úřadu pro zastupování státu

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202/2002 Sb.



LAW



of 24 June. April 2002,



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

amended, Act No. 182/1993 Coll., on the Constitutional Court, as amended by

amended, law No. 89/1995 Coll., on State statistical service,

as amended, Act No. 77/1997 Coll., on the State of the undertaking,

as amended, law No. 218/2000 Coll., on the budget

rules and the change of certain acts (related budget

the rules), as amended by later regulations, and Act No. 65/1965 Coll., the code of

the work, in the wording of later regulations, and Act No. 219/2000 Coll., on the asset

The Czech Republic and its performance in legal relations, as amended by

amended



Change: 264/2006 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 published under no. 31/1996 Coll., Act No.

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

155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No.

227/2000 Coll., Act No. 367/2000 Coll., Act No. 370/2000 Coll., Act No.

120/2001 of Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No.

271/2001 Coll., the finding of the Constitutional Court published under no. 276/2001 Coll.

Act No 317/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.

Act No. 501/2001 Coll. and Act No. 151/2002 Coll., is hereby amended as follows:



1. In section 20 the present text becomes paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) if the special Admits legislation instead of the State to another

ability to act independently before a court in a case concerning property

State, is this person as a party. ".



2. Section 21b is inserted after section 21 c, including footnotes, no ^ ^

55A):



"§ 21 c



(1) in cases where, under special legislation ^ 55a)

before the Court for the State of the Office of the Government representation in property Affairs,

This is before the Court on behalf of the State of his employee authorized by the Director of the

The Office of the Government representation in property Affairs.



(2) the provisions of § 21. 4 and 5 shall apply mutatis mutandis.



55A) Act No. 201/2002 Coll., on the Office of the Government representation in matters

property. ".



3. under section 35 shall be inserted a new section 35a is added:



"section 35a



(1) the special legal předpis55a) stipulates in which cases and under

what conditions may submit a proposal to the initiation of the proceeding or in the management of

Enter the Office of the Government representation in property Affairs.



(2) if the Office of the Government representation in property Affairs shall enter into

the proceedings referred to in paragraph 1, is entitled to all actions which may execute the

party to the proceedings, if it is not about the acts that may execute only participant

legal relationship. ".



4. In section 48, the following paragraph 3 is added:



"(3) a document addressed to the Office of the Government representation in matters

the property, which is a participant in the proceedings or entered into the proceedings (section

35A), delivers his address territorial workplaces. For the Office for the

the Government representation in property Affairs are entitled to the writ,

including documents delivered into their own hands, to take over the staff,

who were in the context of territorial departments entrusted to receive documents;

If not, the document shall surrender to the employee who is responsible for

the management of the territorial Department. ".



5. under section 48 d 48e is inserted after section, which reads as follows:



"§ 48e



Acting for the State before the Court the authority to represent the State in matters of

of property (§ 21 c), delivers the document to the address of its territorial

the workplace. For the transposition of the writ shall apply mutatis mutandis to section 48, paragraph. 3

the second sentence. ".



6. In section 142, paragraph. 4, the following second sentence:



"It shall apply mutatis mutandis, if the proceedings are instituted on the proposal of the Office for

the Government representation in property Affairs in the cases and under the conditions

listed in section 35a. ".



7. In article 157, paragraph. 1, after the words "the participation of the public prosecutor's Office"

the words "and the Office of the Government representation in property Affairs".



8. In section 203, the following paragraph 3 is added:



"(3) the Office of the Government representation in property Affairs may submit

the appeal only in the cases and under the conditions referred to in section 35a, and only if,

If the control has entered before the elapse of the appeal period to all

the participants of the proceedings. ".



9. In section 231, paragraph 2, the following paragraph 3 is added:



"(3) the Office of the Government representation in property Affairs, if not directly

a participant in proceedings may submit the reasons referred to in § 229 of an action for

in annulment only in the cases and under the conditions referred to in section 35a.

Entered the Office of the Government representation in property Affairs to

the proceedings in which the contested decision was issued, the application,

until the period runs one of the parties, if at the same time enters the

proceedings (article 35a). ".



The former paragraph 3 shall become paragraph 4.



PART THE SECOND



Amendment of the Act on the Constitutional Court



Article II



In section 30 of Act No. 182/1993 Coll., on the Constitutional Court, paragraph 1

Insert a new paragraph (2), including footnotes, no ^ 2a) reads as follows:



"(2) If a participant or intervener proceedings before the Constitutional

the Court of the State, for the State of the organizational component of the State responsible in accordance with

special legal regulation and control in the name of the State is the head of the

organizational folder State or authorised employee of the business

folder of the State; This does not prejudice the right of the State to be represented in a way

referred to in section 29. He performs under the special legal regulation ^ 2a)

the State Office of the Government representation in property Affairs, is in control

on behalf of the State of his employee authorized by the Director of the Office for the representation

of the State in matters of equity.



2A) Act No. 201/2002 Coll., on the Office of the Government representation in matters

property. ".



Paragraphs 2 and 3 shall become paragraphs 3 and 4.



PART THE THIRD



Amendment of the Act on State statistical service



Article. (III)



In section 2 (2). 7 of law No. 89/1995 Coll., on State statistical service, in

the text of Act No. 220/2000 Coll., the words "the State"

the words "accounting unit".



PART THE FOURTH



Amendment to the law on State Enterprise



Article IV



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

Coll., Act No. 220/2000 Coll., Act No. 103/2001 Coll. and Act No. 77/2002

Coll., is hereby amended as follows:



1. In section 2, at the end of paragraph 2, the words "and does not have its own

the property ".



2. In section 16 paragraph 2 is added:



"(2) the company shall exercise in the management of State property rights of the owner

in accordance with the specific legislation, it is on its own behalf in legal

relations concerning the property of the State and taking part in proceedings before the courts and

other authorities in matters relating to the property of the State, including the procedure for

determine whether the ownership or any similar state law or not. ".



3. In section 16. 3, the second sentence shall be deleted.



PART THE FIFTH



The amendment to the law on budgetary rules



Article. In



In section 66 paragraph. 1 of law No 218/2000 Coll., on the budgetary rules and the

changes to some related acts (budgetary rules), the words

"Business" is replaced by "If the specific legislation

otherwise, the organizational folder ".



PART SIX



cancelled



Čl.VI



cancelled



PART SEVEN



Amendment of the Act on property in the Czech Republic and its performance in the legal

relations



Article. (VII)



Act No. 219/2000 Coll., on the Czech Republic and its performance in

legal relations, as amended by Act No. 492/2000 Coll., the Act No. 229/2001

Coll., Act No. 320/2001 Coll. and Act No. 501/2001 is amended as follows:



1. In article 2, paragraph 3 is added:



"(3) this Act does not apply to the operations and procedures of the competent authorities,

If the result of a criminal, civil, administrative, or other similar proceedings

or they propose and approve legislation. ".



2. In section 11 (1). 1 (a). (f)), the words "in the criminal proceedings or an

offence "shall be replaced by the words" criminal, misdemeanor and other similar

the proceedings ".



3. In section 11 paragraph 2, including the footnotes no ^ 15a) is added:



"(2) in other cases, the assets referred to in the provisions of section 10

manages the Office of the Government representation in property Affairs. ^ 15a)

If it finds the organizational component referred to in paragraph 1, that it is not appropriate

to manage a particular property referred to in article 10, it shall notify the

that the assets of another organization referred to in paragraph 1, or

The Office of the Government representation in property Affairs. If the Office finds for

the Government representation in property Affairs, that in the case of certain assets

referred to in the provisions of section 10 is the responsibility of the management of organizational folder

referred to in paragraph 1, it shall notify such assets this organization

folder.



15A) Act No. 201/2002 Coll., on the Office of the Government representation in matters

property. ".



4. In section 11 paragraph 3 reads:



"(3) If the jurisdiction referred to in the preceding paragraphs cannot be determined, or

If in a particular case, given compelling reasons for change

the nationality of the organizational components referred to in paragraph 1 or 2, the,

If appropriate, change the jurisdiction of the Ministry of Finance on request or from the

its own initiative, its measures (art. 20); in the rare case it can be

jurisdiction and thus established an organizational folder other than those mentioned in paragraph 1

or 2. The provisions of section 9 (2). 2 and 3 shall apply mutatis mutandis. ";"



5. In article 11, paragraphs 4 and 5 shall be deleted.



6. In section 12, paragraph. 3, the second sentence shall be deleted.



7. In section 12, paragraph. 4, after the second sentence, the following sentence:




"It shall apply mutatis mutandis, if the assets at auction nabýván. ^ 17a)".



Footnote. 17a):



"for example, 17a) Law No. 26/2000 Coll., on public auctions, as amended by

amended, law No 99/1963 Coll., the code of civil procedure, in

amended. ".



8. In section 12, paragraph. 5, after the words "the amount permissible under paragraph 4"

the words "and not the acquisition of assets in dražbě17a)".



9. In section 14, paragraph. 6, after the words "in favor of the State", the words

"stores special legislation or the judgment debtor is."



10. In section 14, paragraph. 7, after the words "unnecessary for these purposes

"following the word" particularly ".



11. In section 15(2). 2, the words "property under paragraph 1 should be"

replaced by the words "the property referred to in paragraph 1 is not the subject of

decision-making under the provisions of section 14, paragraph. 7 and it should be ".



12. In section 18, after the words "appropriate organizational folder", the words

"(§ 11)" and the words "competent to manage with this property" shall be replaced by

the words "competent to manage assets".



13. In § 21. 1, the words "contract to convert the only thing that is"

replaced by the words "to convert the contract only, under the conditions referred to in

the provisions of sections 22 to 24 and only if this is the case. "



14. In section 22, paragraph. 3 (b)), including footnotes, no ^ 36a):



"(b)) a co-ownership share in the benefit on the basis of a joint

pre-emption ^ 36a) or co-ownership to land in

the benefit of the owner of the dwelling or non-residential space under the Special

law, 37)



36A) section 140 of the civil code. ".



15. In section 22 to the end of paragraph 3 shall be replaced by a comma and dot is added

subparagraph (f)), which read:



"(f)) for the acquisition of the land směňovaného land another owner.".



16. In section 22 paragraph 4 is added:



"(4) the approval of the Ministry of culture require the transfer agreement

movable and immovable property declared cultural heritage and collections

the Museum's nature. ".



17. In section 22 to the end of the text of paragraph 5 shall be replaced by a comma and dot

added the words "unless the contract subject to approval by the

paragraph 4. ".



18. In section 22, paragraph. 6, the first sentence shall be replaced by the sentence:



"The founder may totally or partially reserve the approval of contracts for the

the transfer of movable property not subject to approval pursuant to paragraph 4, if

It is concluded by the established organizational folder and not the procedure

According to the provisions of § 15 of paragraph 1. 2. ".



19. In section 26 paragraph 1 including the footnotes no ^ 41a):



"(1) the Real thing can be the extent contractually encumber material

the burden for the purposes of the establishment or operation of a network of technical and vybavení41)

public utility buildings, ^ 41a), where appropriate, to ensure the necessary

access to the building owner. In other cases, it may

serious grounds for an exception to allow the Ministry of finance.



41A) § 108 building Act. ".



20. In section 27. 3, the second sentence shall be replaced by the sentence:



"Free use can be arranged only with persons not engaged in

business, ^ 44a) and only to ensure the exercise of State administration

the scope of or for the purposes of social, humanitarian, fire protection,

protection of the population, the integrated rescue system, educational,

scientific, cultural, sports and physical education. ".



Footnote. 44a) is added:



"44a) § 2 (2). 1 of the commercial code. ".



21. In section 28 paragraph. 3, the words "with the equity of the State" shall be replaced by

the words "to the trading companies can insert assets and proprietary

the holdings of the State ".



22. In section 30, paragraph. 1, after the words "družstva48)", the words "or

the civic association ^ 48a) ".



Footnote No. 48a):



"48a) Act No. 83/1990 Coll. on Association of citizens, as amended

regulations. ".



23. In section 39, paragraph. 1 the words "acceptance of the obligation or entitlement"

replaced by the words "the contractual acceptance or recognition of rights, which

reality of the law ".



24. In section 39, paragraph. 2, the words "in the settlement of the heritage agreement" comma

replaced by dot, the words "as well as at the conclusion of the agreement on the issue of the case or

When granting refunds in accordance with the specific legislation. ^ 59) "

deleted and the second sentence shall be added:



"The provisions of paragraph 1, second and third sentences shall not apply if the

the release of things or other restitution claims settlement procedure laid down in

specific legislation. ^ 59) ".



Footnote No. 59):



"for example, 59), Act No. 87/1991 Coll. on extra-judicial rehabilitation, in

as amended, Act No. 229/1991 Coll., on the adjustment of ownership

relationship to the land and other agricultural property as amended

regulations. ".



25. In paragraph 44. 2, after the words "§ 23.0", the words "§ 27. 5,

§ ", for the words" section 12 paragraph. 4, 7 and 8.0 "are inserted after the words" § 28 paragraph. 1.0 "and

the words "§ 28 paragraph. 3 ', the following shall be added after the comma and the words "§ 29".



26. In § 47 odst. 3, the words "referred to in paragraph 1" shall be replaced by "referred to in

paragraph 2 ".



27. § 54 paragraph. 1, the fourth and fifth sentence shall be replaced by the text:

"The scope of this Act shall not apply to state-owned enterprises constituted under

Law No. 77/1997 Coll., on the State of the enterprise, in the wording of later regulations,

including those that are considered to be in accordance with that Act, based on the

State Organization, which referred to the extent laid down by law,

a special law governs, and Budweiser Budvar, national

Enterprise. The management of these government organizations governed by a specific legal

regulations. ".



28. In section 55, paragraph. 1, after the words "and participate in the proceedings before the courts and other

authorities in matters relating to property ", the words" including the management of

determine whether the ownership or any similar state law or not. "



29. In § 56 paragraph. 2, after the words "with the previous consent of their

the founder of "and the words" If the founder "is the word

"(the founder)".



30. In section 60a at the end of paragraph 6, the words "or of the Ministry of

of the environment, pursuant to section 22 paragraph 1(b). 5. "



Article. (VIII)



The membership of the State or public organization in the civil association to

date of entry into force of this law shall be assessed in accordance with the existing

legislation; with the rights arising from this membership shall be disposed of in accordance

Act No. 219/2000 Coll., on the Czech Republic and its

in legal relations, as amended.



Article. (IX)



Date of entry into force of this Act is Act No. 219/2000 Coll., on the asset

The Czech Republic and its performance in legal relations, as amended by

amended, applies to all of the current state of the Organization,

including the ones that were on 31 December 1992. December 2001 are excluded from the scope of the

under section 54 of the Act, paragraph. 1 of Act No. 219/2000 Coll., on the asset

The Czech Republic and its performance in legal relations, as amended by

Act No. 501/2001 Sb. It does not apply to state-owned enterprises constituted under

Law No. 77/1997 Coll., on the State of the enterprise, in the wording of later regulations,

including those that are considered to be formed under of the Act, for

State Organization, which referred to the extent laid down by law,

special legal regulation and for Budweiser Budvar, national

Enterprise.



Article. X



The Prime Minister is hereby empowered to make in the collection of laws, promulgated the full text

Act No. 219/2000 Coll., on the Czech Republic and its performance in

legal relations, as derived from the laws of it changing.



PART EIGHT



The EFFECTIVENESS of the



Article. XI



This law shall enter into force on 1 January 2005. July 2002.



Klaus r.



Havel in r.



in the from the. r. Rychetský in

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