501/2004 Sb.
LAW
of 24 June. June 2004,
amending certain laws in connection with the adoption of the administrative code
Change: 444/2005 Sb.
Change: 281/2009 Sb.
Change: 329/2011 Sb.
Change: 255/2012 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
Amendment of the Act on municipalities
Article. (I)
Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by Act No.
273/2001 Coll., Act No. 320/2001 Coll., Act No. 450/2001 Coll., Act No.
311/2002 Coll., Act No. 312/2002 Coll., Act No. 59/2003 Coll. and Act No.
22/2004 Coll., is hereby amended as follows:
1. In section 12, paragraph. 1 the second sentence, the words "on the notice board of the local authority
(section 112) "shall be replaced by the words" on the official Board ^ 3b) local authority ".
Footnote No. 3b):
"3b) section 26 of Act No. 500/2004 Coll., the administrative procedure code.".
2. In section 39, paragraph. 1, § 65, paragraph. paragraph 2, section 66b. 2, section 68, paragraph. 2, § 93
paragraph. 1, § 125, paragraph. 1 and section 127, paragraph. 4, after the words "on an official notice board"
the following link on footnote No. 3b).
3. section 66 c:
"§ 66 c
(1) unless otherwise provided in this Act, shall apply to the
public contracts, the provisions of the administrative code.
(2) a municipality that is a party to a contract governed by public law, it
immediately after it was closed, published on the official notice board at least
for 15 days. At the same time, public contract shall publish in
Journal of legislation. Similarly, even when you change the
closed public contract and cancellation.
(3) a public contract must be accessible on the
the municipal authority of the municipality which is the Contracting Party. ".
4. section 66d and 66e are deleted.
5. section 112 is repealed.
PART THE SECOND
Amendment of the Act on regions
Article II
Act No. 129/2000 Coll., on the regions (regional establishment), as amended by Act No.
273/2001 Coll., Act No. 320/2001 Coll., Act No. 450/2001 Coll., Act No.
231/2002 Coll., Act No. 404/2002 Coll. and Act No. 222/2003 Coll., amending
as follows:
1. In section 8 (2). 5, § 18 paragraph. 1, section 31, paragraph. 3 and § 42 paragraph. 1, the words
"on the official notice board" following the reference to the footnote # 2).
Footnote 2):
"2) section 26 of Act No. 500/2004 Coll., the administrative procedure code.".
2. section 71, is repealed.
PART THE THIRD
Amendment of the Act on the capital city of Prague
Article. (III)
Law No. 131/2000 Coll., on the capital city of Prague, in the wording of Act No.
145/2001 Coll., Act No. 273/2001 Coll., Act No. 320/2001 Coll., Act No.
450/2001 Coll., the Act No. 312/2002 Coll., Act No. 312/2002 Coll., Act No.
320/2002 Coll. and Act No. 22/2004 is amended as follows:
1. In section 36, paragraph. 1, after the words "by posting on the official notice board" and in section 45
paragraph. 4 the third sentence in section 48, paragraph. 3, in section 60, paragraph. 3 and section, paragraph 88. 3
After the words "official" is a reference to footnote. 11a).
Footnote No. 11a):
"11a) section 26 of Act No. 500/2004 Coll., the administrative procedure code.".
2. section 83 is repealed.
PART THE FOURTH
Amendment of the Act on the right of Assembly
Article IV
Act No. 84/1990 Coll. on the right of Assembly, as amended by Act No.
175/1990 Coll., Act No. 151/2002 Coll. and Act No. 259/2002 Coll., amended
as follows:
1. In section 11 (1). 2, third sentence, the words ' the decision ' shall be replaced
"notified and".
2. In section 16 shall be replaced by the sentence "the first sentence On the prohibition of the Assembly proceedings
or about the time of his termination in accordance with section 11 shall not apply the provisions of the administrative
the order of the administrative procedure, ^ 4) with the exception of the provisions on the terms
the decision, a written copy of the decision and the repair of the obvious
irregularities in the written copy of the decision ^ 4a) and the provisions on the legal
power and enforceability. ^ 4b) ".
Footnote No. 4), 4a) and (4b)):
"4) the second and third part of the administrative procedure.
4A) of section 68 to 70 of the administrative code.
4B) section 73 to section 75, paragraph. 1 and 2 of the administrative code ".
PART THE FIFTH
The amendment to the Act on population records
Article. In
In Act No. 133/2000 Coll., on registration of population and social security numbers and the
amendments to certain acts (the Act on the registration of inhabitants), as amended by Act No.
2/2002 Coll., Act No. 320/2002 Coll. and Act No. 53/2004 Coll., section 18
the first and the second sentence shall be deleted.
PART SIX
Amendment of the Act on Association in political parties and in the political
movements
Čl.VI
In section 8 of Act No. 424/1991 Coll. on Association in political parties and in
political movements as amended by Act No. 68/1993 Coll., Act No. 117/1994
Coll. and Act No. 340/2000 Coll., the following paragraph 3 is added:
"(3) if the Ministry registration, it shall, within the time limit referred to in
paragraph 2 of the agents of the Preparatory Committee a copy of the articles of Association, the
which shall indicate the date of registration, and the second copy of the statutes, designating the
Inserts the file registration. ".
PART SEVEN
cancelled
Article. (VII)
cancelled
PART EIGHT
The amendment to the law on social and legal protection of children
Article. (VIII)
Act No. 359/1999 Coll. on social and legal protection of children, in the text of the Act
No. 257/2000 Coll., Act No. 273/2001 Coll., Act No. 309/2002 Coll., Act
No. 320/2002 Coll., Act No. 518/2002 Coll. and Act No. 222/2003 Coll.,
amended as follows:
1. In section 60, the words "Act No. 71/1967 Coll., on administrative proceedings (administrative
order) "shall be replaced by the words" administrative procedure ".
2. In article 64, paragraph. 2 the words "§ 49 administrative procedure." shall be replaced by the words
"the provisions of the administrative procedure relating to time limits for the issuance of the decision. ^ 54)".
Footnote No. 54):
"§ 71 paragraph 54). 1 and 3 of the administrative code ".
PART NINE
The amendment to the law on the Organization and implementation of social security
Article. (IX)
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., Act No. 155/2000 Coll., Act No. 220/2000 Coll., Act No.
238/2000 Coll., Act No. 258/2000 Coll., Act No. 408/2000 Coll., Act No.
116/2001 Coll., the Act No. 353/2001 Coll., Act No. 151/2002 Coll., Act No.
263/2002 Coll., Act No. 265/2002 Coll., Act No. 309/2002 Coll., Act No.
320/2002 Coll., Act No. 518/2002 Coll., Act No. 362/2003 Coll., Act No.
424/2003 Coll., Act No. 425/2003 Coll., Act No. 453/2003 Coll. and act
No 53/2004 is amended as follows:
1. In section 4, paragraph 4. 2, the second sentence, including footnotes, no. 11)
repealed.
2. In article 5, at the end of the letters h) dot is replaced by a comma and the following
the letter ch), which read:
"ch) enforced by the repayment of wrongly paid amounts of benefits, pension
insurance; It is authorised to carry out the administrative execution of the decision. ".
3. In section 6 (1). 4 at the end of the letters s) dot is replaced by the word "and" and
the following letter from), which read:
"from the country and presented the Czech) managing social security on its
application documents required for the recovery of wrongly paid amounts of benefits
pension insurance. ".
4. In section 8, paragraph 9 shall be deleted.
Paragraph 10, renumbered 9.
5. under section 16 shall be inserted a new section 16a and 16b, which including the comments below
line no. 9):
"§ 16a
(1) the procedure for the submission of reports by the Commission posudkových pursuant to section 4, paragraph 4. 2
not covered by the administrative code, with the exception of the basic rules of activity
the administrative authorities and the provisions for exclusion from the hearing and decision-making
stuff. ^ 9)
(2) the time limit for the issuance of an opinion shall be 60 calendar days, unless otherwise provided in
authority control, for the purposes of the opinion was requested, the time limit
longer. If the release of the report within the time limit referred to in the first sentence of severe
the reasons, the President of the Medical Commission shall immediately communicate those reasons to the authority,
who leads the proceedings for the purposes of the opinion requested; in these
cases, the period referred to in the first sentence be extended up to 30 calendar
days, unless the management authority for the purposes of the opinion
requested otherwise.
(3) does a person assessed the health status of
assessments by the Commission or the designated medical facility or other
vocational examination or refuses to provide the
the synergy that is necessary for the submission of the report, notify the Chairman of the
the Medical Commission shall immediately communicate this fact to the authority, who leads the proceedings,
for the purposes of the opinion is requested.
section 16b
For the procedure for issuing opinions under section 8 (2). 1 in matters of State
social support and social care section 16a applies, mutatis mutandis, with the fact that the time limit
for the release of the report is 30 calendar days.
9) § 1 to 8 and section 14 of the code of administrative procedure. ".
The existing section 16a is renumbered as section 16 c.
6. under section 54 shall be added to § 54a, including footnotes, no.
60A) and 60b) is added:
"§ 54a
Law enforcement fines under the administrative code ^ 60a) may in the activities referred to in
of this Act and in accordance with the law on social security and
contribution to the State employment policy ^ 60b) to store only the authorities of the
social security; However, this permission does not apply, it shall proceed to
the district social security administration according to § 32 paragraph. 1.
60A) section 62 of the administrative code.
60B) Law No. 589/1992 Coll., on social security and
contribution to the State employment policy, as amended
regulations. ".
7. In article 56, paragraph. 3, the words "not covered by the General provisions of administrative
management. "shall be replaced by" administrative regulations does not apply. ".
The reference to footnote 11) is repealed.
8. In section 60, paragraph. 1 the words "on the initiative of the administration of social security"
replaced by the words "the District Social Security Administration ex officio".
9. In section 60, paragraph. 2, the words "on the initiative of the district administration of social
Security "shall be replaced by the words" the District Social Security Administration from
ex officio ".
10. In section 81, paragraph. 2, the words "on the initiative of the institution" are replaced by the words "to be able to
the official authority ".
11. In section 82, paragraph 7, the following paragraph 8 is added:
"(8) the request may be filed at the earliest three months before the date from which the citizen of the
asks the benefit pension insurance. ".
12. In section 83a, in the heading the word "Break", the words "and
stop ", the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the authority of the social security stops the proceedings if the request is made on the
more than two months before the time limit referred to in section 82, paragraph. 8. If the
application is filed not more than two months earlier than the period referred to in section 82
paragraph. 8, the social security institution of the proceedings and the first day of
deadline for submission of the application in section 82, paragraph. 8 in the procedure continues from
ex officio. ".
13. under section 85 shall be added to § 85a, including footnotes, no.
22A and 22b)):
"§ 85a
In control in matters of pension insurance shall not apply the provisions of
administrative procedure on the expression of the participants to the background of the decision; ^ 22a)
initiation ex officio ^ 22b) usually does not report to the participants.
22A) § 36 odst. 3 of the administrative code.
22B) § 46 and 47 administrative procedure. ".
14. In section 86, paragraph 4 shall be added, which including the footnote.
22):
"(4) the time limit for the issuance of the decision, in addition to the periods provided for in the administrative
order ^ 22) extended also when došetřují the operative events
for organizations or foreign holders of pension insurance
(security).
section 71, paragraph 22). 1 and 3 of the administrative code ".
15. In section 104 c, paragraph 2, including the reference to footnote No 22 c)
added:
"(2) the provisions of the administrative procedure to initiate proceedings ex officio ^ 22 c)
on the issue of the payment of the assessment not applicable. ".
Footnote No 22 c) is added:
"22 c) § 46 and 47 administrative procedure.".
16. In section 104ch paragraph. 4, the words "not subject to the General provisions on the
administrative procedure. "shall be replaced by" administrative regulations does not apply. ".
The reference to footnote 11) is repealed.
17. In section 108 of the first sentence, the words "General provisions of administrative procedure"
shall be replaced by "administrative regulations with the provisions of other acts
administrative authorities of 34 c) ^ ^ in the organization or a small organization
apply mutatis mutandis, and only there, where the nature of the thing admits. ". A link to the
footnote 11) is repealed.
Footnote No. 34 c) is added:
"34 c) part four administrative procedure.".
18. In section 118, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) social security institutions may impose the obligation to replace
the flat-rate amount stipulated in a special legal regulation costs
a participant that has caused the violation of the control of its legal obligations. ".
PART TEN
Amendment of the Act on residence of aliens in the territory of the Czech Republic
Article. X
Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech Republic and the
amendment to certain acts, as amended by Act No 140/2001 Coll., Act No.
151/2002 Coll., Act No. 217/2002 Coll. and Act No. 222/2003 Coll., amending
as follows:
1. In section 156, paragraph. 7, third sentence, including a footnote No. 21)
repealed.
2. In section 156, paragraph. 8 the words "part four of the sections 2 to 4, and part five"
replaced by the words "of the other titles IX and X".
3. In section 168, the words "Administrative Regulations shall not apply ' shall be replaced by the words
"The provisions of the administrative code of administrative procedure) do not apply to ^ 24a".
Footnote No. 24a) is added:
"24a) part of the second and third administrative procedure.".
4. In section 169, paragraphs 2 and 5 shall be deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3 and
paragraph 6 to 10 shall be renumbered as paragraphs 4 to 8.
5. In section 169, paragraph 7 is added:
"(7) the police stops if the resolution of the proceedings, the alien
and) within a period under section 76 does not assume the residence permit, if within this period
the police indicated that the reasons preventing the takeover of independent of his will,
(b)) that made the request on the territory, does not take the residence permit within the time limit
within 30 days from the date of notification, unless within that period the police indicated that
the takeover of the reasons preventing the independent of his will,
(c)) that made the request for a residence permit pursuant to section 66 or section 67, fail
the condition of continuous residence in the territory of or this request is made in the
the time after their stay on visa to stay over 90 days,
(d)) filed a request for a permit to stay in the territory, though not according to § 69
paragraph. 2 authorised or
e) submitted an application for extension of the period of validity of the visa or
period of stay on this visa at a time when it is not authorized. ".
PART ELEVEN
Amendment of the asylum Act
Article. XI
Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the
The police of the Czech Republic, as amended, (asylum Act),
as amended by law No. 2/2002 Coll., Act No. 217/2002 Coll., Act No.
320/2002 Coll., Act No. 519/2002 Coll. and Act No. 222/2003 Coll., amending
as follows:
1. section 9, including footnotes, no. 5), 5a) 5b, 5 c)), 5 d, 5e)), 5f)
5 g), 5 h), 5i) and 5j):
"section 9
On the procedure for granting or withdrawing of asylum shall apply administrative code, with
exception of the provisions on the service at the address for service or
the e-mail address of a participant in the sdělenou ^ 5) provisions on the service of
documents for into their own hands and delivered on request to other
in a way, ^ 5a) the provisions on the delivery to addressees resident in
abroad, ^ 5b) further provisions on the official notice board, the provisions of the ^ 5 c)
guardian persons of unknown residence and persons residing in the
abroad, if they fail to deliver, ^ 5 d) and the appointment of a representative for the
Service ^ 5e) and further provisions for allowing access to file other
persons other than the participants and their representatives, ^ 5f) minutes of oral proceedings, ^ 5 g)
the issue of a copy of the statement of the decision at the request of a party, the ^ 5 h)
the time limits for the issuance of a decision ^ 5i) and provisions on the appeal and the
control of decomposition. ^ 5j)
section 19, paragraph 5). 3 of the administrative code.
§ 19 paragraph 5a). 4, 5 and 8 of the code of administrative procedure.
5B) section 22 of the administrative code.
5 c) section 26 of the administrative code.
5 d) § 32 paragraph. 2 (a). (d)) of the administrative code.
5E) § 33 paragraph. 4 of the administrative code.
5F) § 38 paragraph. 2 of the administrative code.
5 g) of section 49 of the administrative code.
5 h) § 69 paragraph. 4 second sentence of the administrative code.
5I) § 71 paragraph. 1 and 3 of the administrative code.
5J) section 81 to 93 and section 152 of the administrative code ".
2. after section 23 the following new section 23a and 23b are inserted:
"§ 23a
Ministry of nepořizuje copies the file or its parts.
Section 23b
The Ministry may place the presentation of the Charter to admit affidavit
the applicant for the granting of asylum. In the solemn declaration of the applicant is to grant
asylum is obliged to give complete and truthful ".
3. Section 24a shall be inserted a new section 24b, which including the title:
"section 24b
Official Board
The Ministry official shall record in asylum facilities. ".
4. under § 92 section 92a shall be inserted:
"§ 92a
The guardian asks about it, to make its provisions of the guardian
repealed, shall designate the administrative authority without delay, another guardian. ".
5. In section 93a paragraph 6, including footnotes, no. 17):
"(6) on the control of administrative tort shall not apply the provisions of the administrative
the order of the appeal proceedings, the proceedings of the decomposition and review. ^ 17)
17) second part of title VIII and IX and section 152 of the administrative code ".
PART OF THE TWELFTH
Amendment of the Act on radio and television broadcasting
Article. XII
In section 66 of Act No. 231/2001 Coll., on radio and television
broadcast and amending other laws, as amended by Act No. 309/2002 Coll.,
the first sentence shall be replaced by the phrase "unless otherwise provided in this Act, the
in proceedings under the code of administrative procedure, with the exception of the provisions on appeal
management, management of degradation, on the review and renewal of management and
the new decision. ^ 9 c) ".
Footnote No. 9 c) is added:
"9 c) section 81 to 102 and § 152 of administrative procedure.".
PART THIRTEEN
cancelled
Article. XIII
cancelled
PART OF THE FOURTEENTH
cancelled
Article. XIV
cancelled
PART FIFTEEN
The amendment of the law on misdemeanors
Article. XV
In Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992
Coll., the Act No. 344/1992 Coll., Act No. 359/1992 Coll., Act No. 67/1993
Coll., Act No. 290/1993 Coll., Act No. 134/1994 Coll., Act No. 82/1995
Coll., Act No. 237/1995 Coll., Act No. 279/1995 Coll., Act No. 289/1995
Coll., zákonač. 112/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999
Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000
Coll., Act No. 151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000
Coll., Act No. 370/2000 Coll., the finding of the Constitutional Court published under no.
52/2001 Coll., Act No. 164/2001 Coll., the Act No. 254/2001 Coll., Act No.
265/2001 Coll., Act No. 273/2001 Coll., Act No. 274/2001 Coll., Act No.
312/2001 Coll., Act No. 6/2002 Coll., Act No. 62/2002 Coll., Act No.
78/2002 Coll., Act No. 216/2002 Coll., Act No. 259/2002 Coll., Act No.
285/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., Act No.
218/2003 Coll., Act No. 274/2003 Coll. and Act No. 362/2003 Coll., section 88
including the title.
PART SIXTEEN
To change the code of civil procedure
Article. XVI
In section 274 of the Act No. 99/1963 Coll., the code of civil procedure as amended by Act No.
158/1969 Coll., Act No. 49/1973 Coll., Act No. 20/1975 Coll., Act No.
519/1991 Coll., Act No. 237/1995 Coll., Act No. 165/1998 Coll., Act No.
30/2000 Coll. and Act No. 151/2002 Coll., the letter f) is added:
"(f)) of enforceable decisions of public authorities including payment
assessment notices, statements of arrears of taxes and fees and other
the decision, as well as enforceable settlement; ".
PART SEVENTEEN:
Change the enforcement order
Article. XVII
In § 40 paragraph. 1 of law No 120/2001 Coll., on judicial executors and
enforcement activities (procedure) and amending other laws, letter e)
added:
"e) enforceable decision of a public authority, including payment
assessment notices, statements of arrears of taxes and fees and other
the decision, as well as an enforceable agreement. "
PART EIGHTEEN
The amendment of the law on inventions and improvement proposals
Article. XVIII
Act No. 527/1990 Coll., on inventions and improvement proposals, as amended by
Act No. 519/1991 Coll., Act No. 116/2000 Coll., Act No. 207/2000 Sb.
and Act No. 173/2002 is amended as follows:
1. In § 63 paragraph 1 including the footnotes No. 5), 5a) 5b, 5 c)),
5 d) 5e), 5f), 5 g) and 5 h) is added:
"(1) For proceedings before the Office shall apply the administrative code with the tolerances listed in
This Act and with the exception of the provisions concerning the verification of full powers for the
an indefinite number of proceedings, ^ 5) about the choice of several common
agents, ^ 5a) on the expiry of the Act, 5b) ^ ^ about interruption of the proceedings, ^ 5 c)
about the time limits for the issuance of the decision of the ^ 5 d) and the protection against inactivity, ^ 5e)
further provisions on the specific characteristics of the procedure of the provisions of the
the composition of the Appeal Committee of the Commission and on the possible termination of the
decay of ^ 5f) and further provisions on participating in the proceedings; ^ 5 g)
administrative procedure for participating in the proceedings in accordance with the special law ^ 5 h)
apply.
section 33, paragraph 5). 2 (a). (c)) of the administrative code.
5A) § 35 paragraph. 3 of the administrative code.
5B) section 41 of the administrative code.
5 c) section 64 and 65 of the administrative code.
5 d) § 71 paragraph. 1 and 3 of the administrative code.
5E) § 80 of the administrative code.
5F) § 152 paragraph. 3 and 5 of the administrative code.
section 27, paragraph 5). 1 and 2 of the administrative code.
5 h), section 27, paragraph. 3 administrative procedure. ".
2. section 64 shall be deleted.
PART OF THE NINETEENTH
The amendment of the law on utility models
Article. XIX
Act No. 478/1992 Coll. on utility models, as amended by Act No. 116/2000
Coll., is hereby amended as follows:
1. In section 21 paragraph 1 including the footnotes No. 3), 3a, 3b)), 3 c)
3D) 3e), 3f), 3 g) and 3 h) is added:
"(1) For proceedings before the Office shall apply the administrative code with the tolerances listed in
This Act and with the exception of the provisions concerning the verification of full powers for the
an indefinite number of proceedings, ^ 3) about the choice of several common
agents, ^ 3a) on the expiry of the Act, 3b) ^ ^ about interruption of the proceedings, ^ 3 c)
about the time limits for the issuance of a decision ^ 3d) and for protection against inactivity, ^ 3e)
further provisions on the specific characteristics of the procedure of the provisions of the
the composition of the Appeal Committee of the Commission and on the possible termination of the
decay of ^ 3f) and further provisions on participating in the proceedings; ^ 3 g)
administrative procedure for participating in the proceedings in accordance with the special law ^ 3 h)
apply.
section 33, paragraph 3). 2 (a). (c)) of the administrative code.
3A) § 35 paragraph. 3 of the administrative code.
3B) section 41 of the administrative code.
3 c) section 64 and 65 of the administrative code.
3D) § 71 paragraph. 1 and 3 of the administrative code.
3E) § 80 of the administrative code.
3F) § 152 paragraph. 3 and 5 of the administrative code.
3 g) of section 27. 1 and 2 of the administrative code.
3 h) of section 27. 3 administrative procedure. ".
2. In § 21. 2, the words "to stop the proceedings ' shall be deleted.
PART TWENTY-
Amendment of the Act on the protection of topographies of semiconductor products
Article. XX
Act No. 529/1991 Coll., on the protection of topographies of semiconductor products, in
the text of Act No. 116/2000 is amended as follows:
1. In section 18 paragraph 1 including the footnotes No. 1), 1), 1b, 1 c)),
1-d), 1e), 1f), 1 g) and 1 h) is added:
"(1) For proceedings before the Office shall apply the administrative code with the tolerances listed in
This Act and with the exception of the provisions concerning the verification of full powers for the
an indefinite number of proceedings, "^ 1") about the choice of several common
agents, ^ 1a) of the Act, relief) ^ 1b ^ 1 c interruption of proceedings)
about the time limits for the issuance of the decision of the 1-d and ^) for protection against inactivity, ^ 1e)
further provisions on the specific characteristics of the procedure of the provisions of the
the composition of the Appeal Committee of the Commission and on the possible termination of the
decay of ^ 1f) and further provisions on participating in the proceedings; ^ 1 g)
administrative procedure for participating in the proceedings in accordance with the special law ^ 1 h)
apply.
1) § 33 paragraph. 2 (a). (c)) of the administrative code.
1A) § 35 paragraph. 3 of the administrative code.
1B) of section 41 of the administrative code.
1 c) section 64 and 65 of the administrative code.
§ 71 paragraph 1 d). 1 and 3 of the administrative code.
1E) § 80 of the administrative code.
1F) § 152 paragraph. 3 and 5 of the administrative code.
section 27, paragraph 1). 1 and 2 of the administrative code.
1 h), section 27, paragraph. 3 administrative procedure. ".
2. In section 18, paragraph. 2, the words "to stop the proceedings ' shall be deleted.
PART OF THE TWENTY-FIRST
Amendment of the Act on trademarks
Article. XXI
Law No. 441/2003 Coll. on trademarks and amending Act No. 6/2002
Coll., on courts, judges, lay judges and the State administration of courts and amending
certain other laws (the law on the courts and Judges Act), as amended by
amended, (law on trade marks), is hereby amended as follows:
In § 45 para 1, including footnotes, no. 11) to 11f):
"(1) unless otherwise provided by this Act, applies to the procedure on safeguard
signs of the administrative code, with the exception of the provisions concerning the verification of full powers for the
an indefinite number of proceedings, ^ 11) about the authentication of official stamps and signatures on
public schedules issued by the authorities of foreign States, ^ 11a) to interrupt
control ^ 11b) of the time limits for the issuance of the decision, ^ 11 c) on protection against
idle, ^ 11 d) further provisions on the management of the specific characteristics of the decomposition
the provisions on the composition of the Appeal Committee of the Commission and on how their
control of the degradation of ^ and 11e) ban on changes of the contested
the decision because of the loss of the possibility to appeal. ^ 11f)
11) § 33 paragraph. 2 (a). (c)) of the administrative code.
11A) § 53 paragraph. 4 of the administrative code.
11B) section 64 and 65 of the administrative code.
11 c) § 71 paragraph. 1 and 3 of the administrative code.
11 d) section 80 of the code of administrative procedure.
11e) § 152 paragraph. 3 and 5 of the administrative code.
11F) section 90, paragraph. 1 (a). (c)) of the administrative procedure. ".
PART TWENTY-TWO
Amendment of the Act on the protection of industrial designs
Article. XXII
Act No. 207/2000 Coll., on the protection of industrial designs and on the amendment of Act No.
527/1990 Coll., on inventions, industrial designs and its improvement
the proposals, as amended, is hereby amended as follows:
1. In section 40 paragraph 1 including the footnotes No. 5), 5a) 5b, 5 c)),
5 d) 5e), 5f), 5 g) and 5 h) is added:
"(1) For proceedings before the Office shall apply the administrative code with the tolerances listed in
This Act and with the exception of the provisions concerning the verification of full powers for the
an indefinite number of proceedings, ^ 5) about the choice of several common
agents, ^ 5a) on the expiry of the Act, 5b) ^ ^ about interruption of the proceedings, ^ 5 c)
about the time limits for the issuance of the decision of the ^ 5 d) and the protection against inactivity, ^ 5e)
further provisions on the specific characteristics of the procedure of the provisions of the
the composition of the Appeal Committee of the Commission and on the possible termination of the
decay of ^ 5f) and further provisions on participating in the proceedings; ^ 5 g)
administrative procedure for participating in the proceedings in accordance with the special law ^ 5 h)
apply.
section 33, paragraph 5). 2 (a). (c)) of the administrative code.
5A) § 35 paragraph. 3 of the administrative code.
5B) section 41 of the administrative code.
5 c) section 64 and 65 of the administrative code.
5 d) § 71 paragraph. 1 and 3 of the administrative code.
5E) § 80 of the administrative code.
5F) § 152 paragraph. 3 and 5 of the administrative code.
section 27, paragraph 5). 1 and 2 of the administrative code.
5 h), section 27, paragraph. 3 administrative procedure. ".
2. section 41 is repealed.
PART TWENTY-THREE
Amendment of the Act on the protection of designations of origin and geographical indications
Article. XXIII
section 13 of the Act No 452/2001 Coll., on the protection of designations of origin and geographical
Description and amending the law on the protection of consumers, including notes below
line no. 4), 4a) and (4b)):
"section 13
Unless otherwise provided in this Act, shall apply to proceedings under this Act
administrative regulations with the exception of the provisions concerning the verification of full powers for an indefinite
the number of proceedings, ^ 4) about the choice of several common agents, ^ 4a) and
of the provisions on the specific characteristics of the procedure for decomposition of the provisions on the composition of the
the appellate Commission and about the possible termination of the decay of ^ 4b)
4) § 33 paragraph. 2 (a). (c)) of the administrative code.
4A) § 35 paragraph. 3 of the administrative code.
§ 152 paragraph 4b). 3 and 5 administrative procedure. ".
PART OF THE TWENTY-FOURTH
Amendment of the Act on the establishment of ministries and other central bodies of the State
administration of the Czech Republic
Article. XXIV
In section 12 of Act No. 2/1969 Coll., on establishment of ministries and other Central
the authorities of the State administration of the Czech Republic, as amended by Act No. 19/1992 Coll.,
Act No. 21/1993 Coll., Act No. 148/1998 Coll., Act No. 130/2000 Coll.
Act No. 239/2000 Coll. and Act No. 62/2003 Coll., shall be inserted after paragraph 1
a new paragraph 2 is added:
"(2) the Ministry of the Interior shall carry out the coordinating role in the area of administrative
management, administrative punishment and the file service. ".
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
PART OF THE TWENTY-FIFTH
cancelled
Article. XXV
cancelled
Article. XXVI
cancelled
PART TWENTY-SIX
Amendment of the Act on State administration and self-government in education
Article. XXVII
Act No. 564/1990 Coll. on State administration and self-government in education, in
amended by Act No 190/1993 Coll., Act No. 256/1994 Coll., Act No.
139/1995 Coll., Act No. 132/2000 Coll., Act No. 258/2000 Coll., Act No.
3/2002 Coll., Coll., Act No. 281/2002 Coll., Act No. 181/2003 Coll. and
Law No 18/2004 Coll., is hereby amended as follows:
1. In article 3, after paragraph 2, insert a new paragraph 3, including notes
footnote 1i No.):
"(3) On making a decision under paragraph 2 (a). and) to h), l) and (m))
not covered by the provisions of the administrative procedure to seize the things a parent
administrative authority. ^ 1i)
1I) section 131, paragraph. 3 administrative procedure. ".
The former paragraph 3 shall become paragraph 4.
2. section 22, including footnotes, no. 5) is added:
"§ 22
The relationship of the Act to the administrative regulations
(1) the provisions of the administrative code of administrative procedure ^ 5) do not apply to
the procedure under this Act, with the exception of decisions under section 3 (3). 2, §
7 (b). (b)), and (c)), section 12 paragraph. 5 (a). with), § 19 paragraph. 4 and § 20.
(2) an appeal against a decision of the Director of the school of failing to study can be
submit within eight days of delivery.
(3) the administrative procedure does not apply to the procedure of private schools and the Church
schools under this Act.
5) second and third section of the administrative procedure. ".
PART TWENTY-SEVEN
Amendment of the Act on postal services
Article. XXVIII
In the Act No. 29/2000 Coll. on postal services and on the amendment of certain
laws (the law on postal services), as amended by law No. 517/2002 Coll. and the
Act No. 222/2003 Coll., part five shall be deleted.
PART OF THE TWENTY-EIGHTH
The amendment to the law on electronic signature
Article. XXIX
In Act No 227/2000 Coll., on electronic signature and amending certain
other laws (the law on electronic signature), as amended by Act No.
226/2002 Coll. and Act No. 517/2002 Coll., with part four shall be deleted.
PART OF THE TWENTY-NINTH
Amendment to Act No. 226/2002 Sb.
Čl.XXX
Law No 226/2002 Coll., amending Act No. 141/1961 Coll. on
criminal court proceedings (code of criminal procedure), as amended,
Act No. 99/1963 Coll., the civil procedure code, as amended
legislation, Act No. 337/1992 Coll., on administration of taxes and fees, in the text of the
amended, zákonč. 71/1967 Coll., on administrative proceedings (administrative
regulations), as amended, and Act No 227/2000 Coll., on the
electronic signature and on amendments to certain other laws (the law on the
electronic signature), with part four shall be deleted.
PART THIRTY-
Amendment of the Act No. 309/2002 Sb.
Article. XXXI
In the Act No. 309/2002 Coll., amending the laws related to the adoption of the
the Act on the service of civil servants in administrative authorities and
the remuneration of these staff, and other employees in administrative
offices (business law), as amended by Act No. 123/2003 Coll., Act No.
274/2003 Coll., Act No. 281/2003 Coll., Act No. 362/2003 Coll. and act
No 424/2003 Coll., part XXXVI deleted.
PART OF THE THIRTY-FIRST
The EFFECTIVENESS of the
Article. XXXII
This law shall enter into force on 1 January 2005. January 1, 2006.
Zaorálek in r.
Klaus r.
Spidla in r.
