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