The Administrative Code

Original Language Title: správní řád

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=58370&nr=500~2F2004~20Sb.&ft=txt

500/2004 Coll.



LAW



of 24 July 2003. June 2004



the administrative code



Change: 413/2005 Sb.



Change: 384/2008 Sb.



Changed: 7/2009 Sb.



Change: 227/2009 Coll. (part)



Change: 227/2009 Sb.



Change: 167/2009 Sb.



Change: 303/Sb.



Change: 250/2014 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



INTRODUCTORY PROVISIONS



TITLE I OF THE



THE SUBJECT OF THE EDIT



§ 1



(1) this Act regulates the procedure of the institutions, bodies of territorial Executive

self-governing units ^ 1) and other bodies, legal entities and natural persons,

If they perform the scope in the area of public administration (hereinafter referred to as "the administrative

the body ").



(2) this Act or its individual provisions shall apply

unless otherwise provided by special law.



(3) this Act does not apply to legal proceedings carried out by the administrative

authorities and on the relations between the authorities of the same local government unit in the

separate the scope of performance.



TITLE II



THE BASIC PRINCIPLES OF THE ACTIVITIES OF ADMINISTRATIVE BODIES



§ 2



(1) the administrative authority shall proceed in accordance with the laws and other legal

regulations, as well as international agreements that are part of the legal

procedure (hereinafter referred to as "the law"). Where in this act he talks about

the Act shall mean also the international treaty, which is part of the

the rule of law.



(2) the administrative authority exercises its jurisdiction only for those purposes for which it

was by law or on the basis of the law, and in so far as he

has been conferred.



(3) the administrative authority of the saving of rights acquired in good faith, as well as legitimate

the interests of the persons concerned by the action of an administrative authority in a particular case

(hereinafter referred to as "the person concerned"), and may interfere with these rights only

under the conditions provided for by law and to the extent necessary.



(4) the administrative authority shall ensure that a solution was adopted in accordance with the public

interest and to reflect the circumstances of the case, as well as to

When deciding factual terms identical or similar cases to avoid

unfounded differences.



§ 3



Unless something else by law, the administrative authority shall proceed to

the status of the case was detected, which are not reasonable doubt, in the

to the extent that is necessary for compliance with the requirements of the Act

in § 2.



§ 4



(1) the public administration is a service to the public. Anyone who carries out the tasks

resulting from the scope of the administrative authority, has a duty to the

people behave politely and they meet.



(2) the administrative authority in connection with its action shall provide to the person concerned

adequate guidance on their rights and obligations, if this is due to the

the nature of the Act, and the personal circumstances of the person concerned.



(3) the administrative authority sufficiently in advance to inform the persons concerned of the

the Act, which, if it is needed to safeguard their rights and

If they do not compromise the purpose of the Act.



(4) the administrative authority shall allow the persons concerned to exercise their rights and

legitimate interests.



§ 5



Where the nature of the present case allows you will try to the administrative authority of the

friendly delete conflicts, which prevent proper discussion and decision

the case in question.



§ 6



(1) the administrative authority shall deal with the matter without undue delay. Do not make a

the administrative authority within the statutory time limit or time limit reasonable,

If there is no statutory time limit is set, it applies to redress

the provisions on protection against failures to Act (§ 80).



(2) the administrative authority shall proceed, so that no one can avoid unnecessary

costs, and the person concerned, the least possible burdens. Documents from the

the person requires only if so provided by law. However, if you can

the necessary data obtained from official records, which the administrative authority itself leads,

and if the person concerned so requests, it shall be obliged to acquire them

to ensure. When the procurement of data pursuant to this provision has the administrative authority

against third parties, to which these data may concern, in the same position

as the person concerned, on whose request data provides.



§ 7



(1) the persons concerned are in the application of its procedural rights equal

position. The administrative authority shall proceed against the parties concerned, impartiality and

requires all persons concerned fulfil their duties of procedural

equally.



(2) where the equality of the persons concerned could be compromised, administrative

authority shall take the necessary measures for its security.



§ 8



(1) the administrative authorities shall ensure consistency of all of the procedures that

take place at the same time and relate to the same rights or obligations concerned

of the person. That is at the same time more such procedures for different

the administrative authorities or other public authorities, the person

shall promptly notify the administrative authorities.



(2) the administrative authorities work together in the interests of good administration.



PART TWO



GENERAL PROVISIONS OF ADMINISTRATIVE PROCEDURE



TITLE I OF THE



ADMINISTRATIVE PROCEEDINGS



§ 9



The administrative procedure is the procedure of the administrative authority, the purpose of which is the release

a decision in a particular case based, shall amend or repeal the law or

namely, the obligations of the designated person or in a particular case

declares that the rights or obligations of such a person has or does not have.



TITLE II



THE ADMINISTRATIVE AUTHORITIES OF THE



Part 1



The jurisdiction of the administrative authorities



§ 10



Substantive jurisdiction



The administrative authorities are the venue of the Act and decide on matters

entrusted to them by law or on the basis of the law.



§ 11



The local jurisdiction



(1) the jurisdiction of an administrative authority is determined by the



and) in proceedings relating to the activities of the party to the proceedings (section 27)

activities,



(b)) in proceedings relating to immovable property the place where the real estate

located,



(c)) in other proceedings relating to the business activities of the participant

control who is a natural person, place, business, ^ 2)



(d)) in other proceedings relating to natural persons, the place of its

permanent residence, ^ 3) where appropriate, the place of residence in the territory of the Czech Republic

According to the type of stay of a foreigner ^ 4) (hereinafter referred to as the "place of residence");

If a natural person does not have a place of residence in the territory of the Czech Republic,

territorial jurisdiction is determined by the last known place of residence on the

the territory of the Czech Republic,



(e)) in other proceedings relating to the legal person, the place of its

of residence or the place of the registered office of its organizational components; ^ 5) for foreign

the legal person is the local jurisdiction of the administrative authority determined based

its branches established in the Czech Republic; After the abolition of

organizational units of the local jurisdiction is determined by the last seat of the

branches on the territory of the Czech Republic.



(2) If a locally competent administrative authorities and more unless the

otherwise, it executes the management of them, of which the first was made

request or ex officio action as the first did. In the other

cases or if the conditions of territorial jurisdiction determine, establish local

the jurisdiction closest to resolution together superior administrative authority.

If there is no such authority, shall determine the jurisdiction of a central resolution

Administrative Office, 6) into ^ ^ the rozhodovaná thing.



§ 12



Referral to the jurisdiction



If there is a submission (§ 37) of the administrative authority, that is not materially or locally

appropriate, promptly forward to the relevant resolution of the administrative

authority and at the same time it shall inform the person who made the Administration (hereinafter referred to as

"podatel"). If the administrative authority to which it has been referred to the Administration for

that is not materially or locally appropriate, it may refer the resolution is

further to the authority or to return only with the consent of its parent

administrative authority. Resolutions issued in accordance with this provision, only

Note to the file.



Request



section 13 of the



(1) the competent administrative authority may by resolution issue letters rogatory for the child, or

the superior administrative authority or another venue of the competent administrative authority (hereinafter

"the requested administrative authority") of the Act, which would alone could

do this only with difficulty or with neúčelnými costs or that could not

do this at all. This resolution shall be delivered only to the requested administrative

authority and cannot be appealed.



(2) the authority shall make the Requested administrative act requested, as well as the tasks that

ensure the purpose of the request.



(3) the requested administrative authority shall act without undue delay. If

cannot perform the operation immediately, it performs the requested administrative authority in

the period of 30 days from the date of receipt of the request. In the case that the requested administrative

authority cannot comply, the superior administrative authority to him at his

proposal deadline may be extended for the period strictly necessary.



(4) if the request was in conflict with the law, the requested

the administrative authority shall, by resolution, which only makes a note in the file, it rejects the

performed and shall notify the requesting administrative authority. The requested

the administrative authority that is not in a relationship of subordination to the authority of the applicant,

may refuse to perform the Act also because its implementation would seriously

jeopardise the performance of its own tasks, or because the execution of letters rogatory

would require spending a disproportionate cost. The implementation of the request can be

reject only with the prior consent of the superior administrative authority.



(5) the requested administrative authority has permission according to § 136 paragraph. 4.




(6) the Request to go abroad by special legislation. ^ 7)



Part 2



Exclusion from hearing and deciding things



§ 14



(1) any person directly involved in the exercise of powers

administrative authority (hereinafter referred to as "official person"), which can reasonably be

assume that it has with regard to its ratio to the point, to the parties

or their representatives of such interest in the outcome of the proceedings for which it can be

to doubt her impartiality, it is excluded from all the acts in the proceeding,

in the implementation of the outcome of the case could affect.



(2) a party to proceedings may reply bias on the part of a public official, as soon as

It learns. On the objection shall, if a party to the proceedings for the reason

the exclusion of demonstrably knew, but the objection without undue delay

She has not. On the opposition decides to immediately by order of the senior supervisor

a public official or a person who has similar status (hereinafter referred to as

"the Chief").



(3) the official person who learns of the circumstances indicating that the

excluded, is obliged to promptly inform them of his superior.

Until the Chief shall determine whether an official person is excluded, and

performs the necessary tasks, that person may perform only such acts,

that they can't be in delay.



(4) an official of a person who is excluded, for it without delay

shall designate another official, that is not excluded in relation

subordination. A resolution about it only makes a note to the file. If you cannot

identify anyone else, without delay, inform the superior administrative authority

and along with him the file. The superior administrative authority shall proceed pursuant to section

paragraph 131. 4.



(5) it is also the official ruled out a person who participated in the proceedings in the same

things on a different level. The reason for this exclusion is not participating in operations before

the initiation of proceedings or on the performance of the checks carried out under the Special

the law.



(6) the provisions of the preceding paragraphs shall not apply to the head of the Central

administrative offices.



(7) the provisions of paragraphs 1 to 4 shall apply mutatis mutandis for the experts and used

interpreters.



Part 3



Administration of the proceedings and the acts of the administrative authorities



§ 15



Conduct of the procedure



(1) the individual acts in the proceedings shall be in writing, unless the law provides

otherwise, or if it does not exclude the nature of things. Individual communication in

during the proceedings against the visiting party do it orally, if

because the written form does not last. The contents of the acts carried out other than in writing

the form shall be mentioned in the file, unless the law provides otherwise.



(2) the Acts of the administrative authority in the management carried out by the official person authorized to

in accordance with the internal regulations of the administrative body or official head

administrative authority (hereinafter referred to as "authorized official persons").



(3) an authorized official persons are required to maintain the confidentiality of the

facts which are brought to their attention in relation to the proceedings and that in

order to ensure the proper administration of public administration or in the interest of other people

require that kept confidential, unless the law provides otherwise. This

obligations are exempted from an authorized official persons only on the grounds

established by a special law or if the consent of the person to whom

the fact in question. Provisions of the special law about exemptions

without prejudice to the obligation of secrecy.



(4) as to who is, in this case by an authorized official person, shall be made

the record in the file and the administrative authority of a party upon request

informs. The authorized official person, on request of the interested party shall communicate to the

your first name, last name, company or similar designation, and in which

the Organization Department of the administrative authority is included. ^ 9)



section 16 of the



The language of the



(1) in proceedings and documents shall be drawn up in the English language.

The parties may negotiate and document may be submitted in

the Slovak language.



(2) the Documents drawn up in a foreign language must present to the party

in the original text, and at the same time in an officially certified translation into the language of

Czech, if the administrative authority shall not reveal the party to the proceedings, that such

translation is not required. Such a statement may be made on his administrative authority

the official Board for an indefinite number of proceedings in the future.



(3) any person who declares that he does not control the language, which is leading the negotiations, has

the right to an interpreter ^ 10) registered in the list of interpreters that

procure at its own expense. In the proceedings on the application that the applicant is not

a citizen of the United States, at its own expense arrange for the interpreter itself,

unless the law provides otherwise. ^ 11)



(4) a citizen of the Czech Republic belonging to a national minority,

traditionally and long-living on the territory of the Czech Republic, ^ 12) has

administrative authority the right to make submissions and to act in the language of their nationality

minority. If the administrative authority does not have an official familiar with the national language

minorities, provides this citizen's interpreter registered in the list of

interpreters. The cost of interpretation and translation costs in this

the case shall be borne by the administrative authority.



(5) the Deaf sign language users the Czech administrative authority

Czech sign language interpreter will appoint a special

the law ^ 13). The deaf person preferring the English language shall appoint

a mediator, who is able to communicate with her by communications

Czech language-based systems according to their own choice.



The person Deafblind will be appointed a mediator who is able to be with her

communicate with the communication systems of the deaf and Deafblind people

by her own choice. A mediator is appointed under the same

the conditions under which the interpreter is appointed Czech character

the language of the ^ 13). The provision of an interpreter or intermediary issued by administrative

authority resolution, which shall be communicated only to the persons involved.



§ 17



File



(1) in each case is determined by the file. Each file shall be marked with the file number

mark. The dossier shall include administration, protocols, records, written

copy of the decision and other documents that relate to the

things. The annex, which is included in the file, in particular the evidential

resources, image and sound recordings and records on electronic

the media. File shall contain a list of all its components, including

the annexes, specifying the date on which the files were inserted.



(2) shall be sent to the requested files in your shipment, you must dispatch

the administrative authority to choose a mailing service that includes enforcement

Administration and delivery of postal items.



(3) for the protection of classified information and to protect the other

the information covered by the obligation imposed by law or recognized by the

confidentiality, in cases stipulated by a special law section

documents or records kept separately outside the file.



(4) if he does not pursue the competent administrative authority shall forward the dossier file service,

After the decision of the administrative authority, which paid for it

the service performs.



section 18



Protocol



(1) minutes of oral proceedings (section 49) and of oral submissions, witness examination,

the hearing of expert evidence to be taken by the Charter and an inspection, if they are

carried out outside of the oral proceedings, as well as the other tasks related to the

proceedings in the case, in which experiencing contact with the parties, the

the system log. In addition you can also take a video or

audio recording.



(2) the Protocol provides, in particular, the place, time and indication of tasks that are

the subject of a registration, the information allowing the identification of persons present,

representation of the acts of the administrative authority and the designation name,

last name and function or business number of the authorized official person who

the operations carried out. Personally identify individuals

means the name, surname, date of birth and place of residence,

other indication, where appropriate, by a special Act.



(3) the Protocol shall be signed by the authorized official person, or a person who

the Protocol was entrusted with the formulation and on all persons, the

acts or participated in the Act. Denial of signature, the reasons

denied and objected to the content of the Protocol shall be recorded in the log.



(4) other persons concerned by the contents of the log directly affects, can

immediately after getting familiar with the Protocol of a complaint (section 175) against

its content.



(5) repair of obvious mistakes, which are particularly errors in writing and

the numbers, in the Protocol performs the authorized official person who is granted

his signature. Each patch must be made so that the original writing

remains legible. If he can have legal significance, fix the parties about

It shall inform.



(6) in the case of other fixes than those referred to in paragraph 5, the

the repair shall decide by resolution, which only makes a note to the file.



Part 4



Delivery



§ 19



Common provisions on service



(1) a document served by the administrative authority which it drew up. The administrative authority

delivers the document through the public data network to the data

^ Clipboard 13a). If you cannot follow these steps to deliver the document, it can deliver

administrative authority itself; in the cases provided for by law may document

delivered through the local authority, on an equal footing as the senior

administrative authority ^ 14) (hereinafter referred to as "local authority") or through the

the police authority competent according to the place of delivery; If it is to control the


the competent authority of the municipality, may served by municipal

the police.



(2) if it is not possible to effect service through the public data network

in the data box ^ 13a), it can be delivered through the

a postal service. Administrative Authority chooses a postal

service of the postal contract closed ^ 15) resulted from the obligation to deliver

mail containing the document in a manner that is in accordance with the

the requirements of this Act on the service of documents.



(3) does not preclude a law or the nature of the case, upon request of the participant

management of the administrative authority delivers to the address for service or

the electronic address ^ 16) which the party to proceedings shall communicate, in particular

If it can help to speed up the procedure; such address may be communicated

for proceedings that may be initiated for the same administrative authority in

the future.



(4) to the addressee, the addressee pursuant to § 59, § 72

paragraph. 1, the document, which lays down a special law, and other

the document, shall order the authorized official person.



(5) into their own hands and the document is delivered, for which there is a risk that the

could be released to another party to the proceedings, that has on things

opposed interest. If the document is served to someone else

the procedure, which takes on the case, the document is opposed interest considered

delivered only in the event that the addressee of the document from the

the recipient will recognize, or that is in the process of his management of the obvious, that he was

delivered.



(6) If a driving need to be substantiated by the delivery, must be

ensure written document confirming that the document was served or that

mail containing the document has been delivered, including the day on which the

for this to happen. If you cannot prove the delivery, must be delivered repeatedly.

A written proof of delivery, or delivery, however, is not needed, if the

the procedure of the party in control of the obvious, that it was delivered.



(7) the Messengers are entitled to discover the identity of the addressee and the people,

that are authorized to accept for him. These persons are obliged to

at the prompt, the courier, to present identification (§ 36 para. 4).

If the bailiff carries out the operations referred to in this Act, has the status of official

persons and the obligations of mail secret bearer under the Special

^ 17) of the Act.



(8) the documents referred to in paragraph 4 shall, on request, shall be served on the addressee

otherwise under this Act; in this case,

the document is served on the third day after the date on which it was sent. In the case of

delivery to an e-mail address, the document is served in

the moment when the acceptance to be served shall confirm the addressee of the message

signed his recognized electronic signature. ^ 16) does not confirm the

the addressee to accept the document no later than the following working day after

send a message that is returned as undeliverable (paragraph 9),

delivers administrative authority document, as if the addressee of the

the e-mail address requested.



(9) If it was not possible to deliver the document delivered to the electronic

address of the addressee pursuant to paragraph 3 or 8, because the data message

returned as undeliverable, the administrative authority shall immediately inform the next attempt

about its delivery; If the next delivery attempt is unsuccessful, will deliver

the document, as if the addressee to an e-mail address

asked.



section 20



The delivery of natural persons



(1) a natural person is the document served on the address for delivery (§ 19

paragraph. 3), at the address recorded in the information system of the population register,

to which the documents are to be delivered to her ^ 17a), her

permanent residence, in matters of business and the place of business, or when

delivery through a public data network on the electronic

address; a natural person can be delivered anywhere, however, will be found.

If the delivery is carried out by himself the administrative authority, the person carrying out the delivery

deliver outside the territorial circumference of this administrative body.



(2) a document that is delivered into your own hands, you can deliver

the addressee, or also to whom the addressee to accept a document seized

a written power of attorney with the notarized signature; legalisation is not

should be, if the power of Attorney has been granted before the doručujícím authority.



(3) a document that is delivered into your own hands and whose takeover

to be confirmed by the recipient, can be delivered directly to the addressee or passing

other suitable natural person residing, working, or employed in the same

site or its surroundings, which agrees that the addressee

It passes.



(4) a document that is delivered into your own hands, or whose

delivery does not have to be confirmed by the recipient, can be delivered by embedding documents

the adresátovy House mailbox or another suitable place or way

in accordance with paragraph 3.



(5) in the service of the document which is related to the business activity

of a natural person and which is delivered to the address of the place of business, a ^ 2)

proceed by analogy with paragraph 21.



(6) the document to the lawyer, including documents delivered to

their own hands, they can also accept legal executives or others

his staff. If the legal profession together with other lawyers,

may be served, including documents delivered to your own hands,

These lawyers also turned over their legal koncipientům or

another of their employees. If a lawyer performs legal profession as

companion to a public company, the document

lawyers, including documents delivered into their own hands, take

the other shareholders of this company, associates or

others of its employees. For the delivery of documents to the Court, notaries,

the bailiff or other person who provides legal assistance according to the specific

laws, the first sentence of up to a third. Provisions on service

legal persons (article 21) shall apply for the delivery of the document to the lawyer,

a notary, bailiff or other person who provides legal assistance

in accordance with special laws, apply mutatis mutandis.



section 21



The service of legal persons



(1) a legal person is the document served to the address for service (section

19 para. 3), to the address of its registered office ^ 2) of its organizational

the folder to which the procedure applies; for foreign legal persons shall be served on the

the address of its branches established in the Czech Republic, where

the activities of this business folder. When delivering

through the public data network is delivered to an e-mail address

of the legal entity. In other cases, foreign legal persons

a document normally served in the manner referred to in section 22.



(2) a document that is delivered into their own hands, they are entitled to

take over the institutions and persons referred to in section 30, or other persons who have been

mandated to receive documents.



(3) a legal person may not apply for relief may act with reference

that the address of its registered office or the seat of its organizational folder

No one is not present. Administrative authority, however, in the case that at the

No one was caught, may served the persons referred to in section 30 of the

their address.



(4) a document that is delivered into your own hands and whose takeover

to be confirmed by the recipient, can be delivered to a natural person who is a

the addressee may accept a natural person, that the takeover

the document confirms the stamp of the addressee, if necessary by other appropriate physical

a person residing, working, or employed in the same location or its surroundings,

that agrees with the fact that a postcard with the addressee of the documents

It passes.



(5) a document that is delivered into your own hands and whose takeover

does not have to be confirmed by the recipient, can be delivered by inserting documents into

adresátovy House mailbox or another suitable place or way

in accordance with paragraph 4.



(6) the provisions of paragraphs 1 to 5 shall apply mutatis mutandis to service

administrative authorities and other public authorities.



section 22



Delivery abroad



Addressees residing abroad or whose registered office or residence,

where appropriate, other address for delivery pursuant to section 19 para. 3 is in a foreign country,

can be delivered through the postal service or

through the competent government authority delegated to

service of documents abroad. If this does not

served them with the administrative authority will appoint a guardian [§ 32 para. 2

(a). (d))].



Article 23 of the



Save



(1) If, in the case of service under section 20 of the addressee to comment and

the document could not be delivered or otherwise permissible under §

20, the document is saved.



(2) if in the case of service under section 21, no person is found,

which could be served, and the document could not be delivered

or in any other manner permitted under section 21, the document is saved.



(3) a document is saved



a) for administrative authority in his or her



(b)) at the municipal office or the premises of the postal operator,

If service is effected through them.



(4) the addressee shall be invited by inserting a notice of failed delivery of documents

in house mailbox or another suitable place to get saved

the document within 10 days picked up; at the same time he tells where, when and in


What time of day you can pick up the document. If it is possible and

He did not rule if the administrative authority, the document is inserted after 10 days

in house mailbox or another suitable place; otherwise, it returns the administrative

the authority, which it drew up.



(5) the notification referred to in paragraph 4, the addressee in writing about

the legal consequences of that would be any negotiations pursuant to § 24 para. 1,

3 and 4 caused or about the possibility of the procedure according to § 24 para. 2. this instruction

must include the designation of the administrative authority which sends the document, and

its address.



section 24



Obstacles to the delivery of



(1) if the addressee's stored documents document within 10 days

from the date on which it was to pick up the ready, pick up the message, the document is

deemed to be served on the last day of this period.



(2) if the addressee proves that for temporary absences, or from another

serious reason couldn't without his fault is stored in the document

the set deadline to pick up, it may, under the conditions the provisions of § 41 to apply for

determine the invalidity of the delivery or the moment when the document has been served.



(3) if the addressee of the document, which is a natural person, or a natural

the person that has to be passed to the document addressed to a legal person, the attempt

service of documents make it impossible that it refuses to accept or

does not provide the assistance necessary for the proper delivery, passes her lessons

about the legal consequences of its actions referred to in paragraph 4

result; new lessons, however, is not needed, if the addressee

already received pursuant to § 23 para. 5.



(4) If a person referred to in paragraph 3, the transfer instruction or

If, despite the lessons learned pursuant to § 23 para. 5 or under paragraph 3

delivery will not allow, the document is deemed to be served on the date when the

unsuccessful delivery attempt occurred.



§ 25



The delivery of a public decree



(1) persons of unknown residence or registered office and persons, who are demonstrably

fails to deliver, as well as to persons who are not known, and in the other

the cases provided for by law, shall be served on the public notice.



(2) service of a public Decree shall be made by the document,

where appropriate, the notice about the possibility to accept the document, posted on the official notice board

administrative authority document served; the document shall be marked

the day of posting. The document or notice shall be published also in a way

allowing remote access. The 15th day after posting the document is

be deemed to have been met in this period and the obligation under

the second sentence.



(3) in the case of proceedings in which a public decree served in

administrative districts of several municipalities, the administrative authority which the document

delivers, it no later than the day of the posting shall be sent to the competent municipal also

the authorities which are obliged to promptly post the document on your

official cover for a period of at least 15 days. Date of posting is the day of posting

on the official Board of the administrative authority, the document served. Otherwise, it applies

the provisions of paragraph 2 accordingly.



(4) where a public decree matters the rights of persons

national minorities and where it is in the area of the administrative authority established

the Committee for national minorities or other authority for matters

national minorities, a public administrative authority shall publish a notice in the

the language of the respective ethnic minorities.



(5) natural persons who exercise responsibility in the field of public administration,

delivering a public decree through the official Board of the municipal office

in the place of the performance of their responsibilities.



section 26



Official Board



(1) every administrative authority establishes the official record, which must be

continuously open to the public. For the authorities of the local government unit

one official Board is hereby established. The contents of the official Board shall be made public and

manner allowing remote access.



(2) the provisions of paragraph 1 shall not apply to natural persons who

perform the scope of administrative authority, with the exception of running business

natural persons, for which the performance of this scope is related to the subject

business.



(3) if the administrative authority is not able to ensure the publication of the contents of the official

the Board in a manner allowing remote access referred to in paragraph 1, shall conclude

the person referred to in section 160 paragraph. 1, which is part of the administrative authority, with

municipalities with extended powers, in which the administrative district is situated,

public service contract (§ 160) on the publication of the contents of the official Board

manner allowing remote access.



(4) in the absence of the conclusion of a public contract in accordance with paragraph 3,

proceed in the case of municipal authority under the special law. ^ 18) in

the case of another administrative authority, the superior administrative authority decides that the

for it will be obliged to carry out itself or its carrying out

Entrust another child factually competent administrative authority in their administrative

the circuit. The decision of the superior administrative authority shall be published at least once

for 15 days on the official Board of the administrative authority, that obligation did not perform.



TITLE III



THE PARTICIPANTS IN THE MANAGEMENT AND REPRESENTATION



Part 1



Parties to the proceedings



section 27 of the



(1) participants in the proceedings (hereinafter referred to as "participant") are



and in the proceedings on the application) to the applicant and other interested persons for the

community rights or obligations with the applicant must apply to the decision

administrative authority;



(b)) in the proceedings ex officio, of the person concerned, which is the decision to establish,

change or cancel a right or obligation, or to declare that a right or

the obligation to have or do not have.



(2) the participants are also more of the person concerned, if they can be by decision of the

directly affected in their rights or obligations.



(3) Participants are also persons of which it lays down a specific law.

Unless otherwise provided by special law to the contrary, have the position of the parties in accordance with

paragraph 2, unless the decision to establish, amend or revoke the right to

or obligation or to declare that a right or obligation, or

they do not have; in that case, the position of the parties referred to in paragraph 1.



section 28



(1) per participant will be considered to be in doubt and he who argues that it is

participant, until proven otherwise. Whether a person is or is not

a participant in the administrative authority shall issue a resolution, which is only about

whose participation in the procedure was decided, and the other participants about him

notify. Procedure referred to in the preceding sentence shall not preclude further discussion and

the decision of the case.



(2) If a person, by which it was decided that the resolution is not

participant, appealed against that resolution of the appeal, which was granted,

and in the meantime, an act that would be missed as a participant could take is to

authorised to do this within 15 days from notification of the decision

the appeal; the provisions of § 41 para. 6 second sentence shall apply mutatis mutandis.



section 29



Procedural competence



(1) everyone is qualified to do the procedure acts (hereinafter referred to as

"legal proceedings") to the extent to which the law confers on him

legal capacity. ^ 19) the provisions of section 28 shall apply mutatis mutandis.



(2) a person limited in incapacitation do not have procedural capacity in the range

This constraint. ^ 20)



(3) an administrative authority may give an opportunity to a natural person who does not have

legal proceedings, during proceedings on the matter.



(4) in proceedings to which the participant is a minor child who is capable of

to articulate their opinions, the administrative authority shall proceed to detected

the view of a minor child in the case. To this end, the administrative authority shall provide

the child the opportunity to be heard, either directly or through

representative or the competent authority of the socio-legal protection of children.

If required by the interests of the child, to his point of view and without the presence of

the parents or other persons responsible for the child's upbringing. In such a

If the administrative authority to the Act requiring another appropriate adult. To

the child's opinion, the administrative authority shall take into account having regard to his age and

intellectual maturity.



(5) acts concerning the common things or rights shall be participants

together, if the special law ^ 21) requires otherwise.



section 30



Acts of legal persons



(1) acts on behalf of the legal person is the one who is authorized in

proceedings before the Court under the special law. ^ 22)



(2) in the same case as a legal person may at the same time do the acts of just one

person.



(3) in proceedings before the administrative authority shall be obligations on behalf of the head of State

State, the competent departments under special legislation,

or authorized employee assigned to this or any other business

units of the State.



(4) in any local government unit shall be acts of one who is under a special

the law is entitled to territorial self-governing unit on the outside represent, his

an employee or a member of the Municipal Council, which was entrusted to that person.



(5) any person who makes acts must demonstrate his or her authority.



section 31



The representative of the



The representative of the participant's legal guardian, custodian or agent;

a representative of the participants, whose interests conflict, may well be a common

agent or common representative.



§ 32



Representation on the basis of the law and custody



(1) the extent to which the participant does not have the legal proceedings must be

represented by a guardian.



(2) the administrative authority shall designate a guardian




and) a participant referred to in paragraph 1, if the legal representative does not have the

or if it cannot be represented by a legal representative and does not have a guardian

under a special law,



b) prevents other persons to whom a legal impediment to the proceedings themselves amounted to

acts, if you have not chosen an agent,



(c)), the legal entity that does not have the authority to act for it to be eligible, where appropriate,

which can deliver, or if in another dispute management

who by that body of a legal person,



(d) persons of unknown residence or) and persons who have proven to be

fail to deliver,



e) to persons who are not known,



f) individuals separately severely disabled, with whom he cannot communicate

or through an interpreter or intermediary pursuant to § 16 para. 5,



g) stiženým persons transitional mental disorder that prevents them from

separately in a control to act, if it is necessary to safeguard their rights; in

of these cases, the administrative authority shall decide, on the basis of the vocational

the medical report,



h) participants referred to in section 27 para. 1, which failed to notify the

initiate proceedings ex officio (article 46, paragraph 2), or



I) participants, for which a special law so provides.



(3) unless the participant in the proceedings is to be ordered to

or withdrawn the law, the administrative authority of the guardian referred to in paragraph 2 (a). (d))

and (e)) does not appoint and participants there referred to be served on the public notice.



(4) the administrative authority shall designate a Guardian for whom is the person to whom

Guardian provides, under the care of, or other appropriate person. This person is

obliged to accept the function of guardian of her major

the reasons why. A party that in anticipation of its own incapacity of the legally

Act demonstrated the will to make a person became his guardian,

shall designate the administrative authority of the guardian, with its consent, the person designated

for the guardian in the preliminary statement ^ 43). Guardian cannot be

appoint a person, which may be reasonably considered to have such an interest in the

the outcome of the proceedings, which justifies the concern that is not duly protect the interests

the ward.



(5) the appointment of a guardian is decided by the administrative authority resolution.



(6) the provisions of the resolution on the guardian shall be notified only to the person who is

appointed guardian, and does not rule out if the nature of the case or the status of the

the ward, which causes the guardianship would not be able to perceive

the content of the resolution, whether or not ward.



(7) if the guardian Neglects to protect the rights or interests of the ward or

If it can be reasonably have considered that the guardian has such an interest in the outcome of the

the proceedings, which justifies the concern that is not duly protect the interests

Ward, the administrative authority by order cancels the previous provisions

the guardian and the guardian will appoint someone else.



(8) a guardian shall cease as soon as the Function represented by began to be represented by

legal guardian or has acquired process capability or have passed away

the reasons for which the guardian is appointed. This fact is the administrative authority

Notes to the file as soon as it becomes aware of it; in doubt decides

the resolution, which is to announce only the guardian and ward or

his legal representative.



§ 33



Representation on the basis of power of Attorney



(1) a participant may choose to use an agent. The representation is

shows a written power of attorney. Power of attorney may be given orally to

Protocol. In the same case can have only one participant at a time

the monitoring trustee.



(2) the authorization may be granted



and to a specific Act,) a group of operations or for a certain part of the proceedings,



(b)) for the entire proceeding,



(c)) for an indefinite number of control to a particular subject, which will be launched

at a specified time or without restrictions in the future; the signature on the power of Attorney must be

in this case, always officially validated and the power of Attorney must be to begin

proceedings lodged with the competent administrative authority or granted

in the log, or



(d)) in a different range on the basis of a special law.



(3) the Agent may grant power of attorney to another person, to place him under

participant acted, only if it is in the power of Attorney expressly permitted, it may

to do so, unless a specific law provides otherwise. ^ 23)



(4) where, cannot serve documents agents, proceed

According to § 32 para. 2 (a). (d)) or § 32 para. 3 and the participant of this

the procedure, as well as on the content of the document.



§ 34



(1) a representative under section 32 and 33 in the proceeding speaks on behalf of the represented. From

operations representative of the rights and obligations arise directly represented.



(2) with the exception of cases where the proceedings personally represented something to do

procedural documents only. The delivery of the represented person does not have

effects for time limits, unless the law provides otherwise.



(3) in case of doubt about the scope of representation, the representative is entitled to

to act on behalf of the represented throughout the proceedings.



(4) the administrative authority may recognise acts in favour of another participant,

representative of the person rather than for the actions taken by the representative, if the participant

ask, and if he can't rise to the injury of another party. The recognition the acts

shall be decided by the administrative authority by the resolution; If podateli fails to announce

the resolution only to him.



§ 35



Common representative and common representative



(1) in proceedings in which multiple participants the same interest may apply to the

facilitate the course of the proceedings the administrative authority to invite these actors to

reasonable time chose a common agent. Participants can

common agent to choose and without prompting.



(2) if the parties to the joint representative for the challenge of the administrative authority

chooses and if in this context, we can expect the emergence of a delay in the

proceedings, the administrative authority may by resolution appoint any of the participants,

who is a natural person or a natural person referred to in section 30

paragraph. 1, the joint representative for the participants, which apply the same

interest, taking into account their interests. Until that happens,

can you save the document to be served before an administrative authority; on this

option must be participants will be notified in the invitation referred to in paragraph 1.

Features a common representative terminates on the date, when the participants shall be notified to the administrative

authority that chose the common representative under paragraph 1.



(3) the control can be selected and a few common agents or

established a few common shortcuts, each of which will act just

on behalf of certain groups of participants.



(4) for the common agent common representative and apply section 34 apply mutatis mutandis.



Part 2



Acts of the participants



section 36



(1) unless the law provides otherwise, participants are entitled to propose evidence

and to make other suggestions throughout the proceedings until the release of the decision;

the administrative authority may, by order, declare the date until which the participants may do their

proposals.



(2) participants in proceedings have the right to express its opinion. If

upon request, provide them with information on the management of the administrative authority, unless the

the law provides otherwise.



(3) unless otherwise provided by law, shall be to the participants before the release

decision in the case given the opportunity to comment on the background of the decision; It

does not apply to the applicant, if his request in full suits, and

the participant, who has the right to comment on the background to the decision.



(4) the participant has in negotiations with the Administration the right to consultation with

a person who according to the civil code as a proponent of ^ 44)

to assist in decision-making; If such people more, they choose the participant

one of them. Has lapsed in the course of the proceedings the participant's own supporters

on behalf of the invalidity of legal acts by the supported party to,

the administrative organ of this claim in the proceedings into account.



(5) the participant, his representative or proponent ^ 44) is required to submit to the

call an authorized official person's identity card. Proof of identity is

for the purposes of this Act, a document, which is a public document, in

stating the name and last name, date of birth and place of residence

stay or reside outside the territory of the Czech Republic and from which it is

visible form or other indication enabling the Administrative Department

identify the person who submitted the document, such as its authorised

of the holder.



§ 37



Administration



(1) filing is an act aiming to authority. Administration,

be assessed according to its actual content and no matter how it is

marked.



(2) the filing must be perceptible, who is making that stuff applies to and what

It proposes. A natural person shall, in the submission of the first name, surname, date of birth

and place of residence, or another address for service of process pursuant to section

19 para. 3. In a submission related to its business activity shall be

name and surname of the natural person, where appropriate, the Appendix distinguishing the person

entrepreneur or kind of business related to this person or her

operated by the type of business, number of persons and address

registered in the commercial register or other register as legally stipulated

place of business, or a different address for delivery. Legal person

indicate in the submission of your name or business name, identification number of people

or similar information and address or another address for

delivery. The submission must include the designation of the administrative authority, which is

addressed other issues that are determined by law, and the signature of the person who

makes them.




(3) if the Administration does not have the prescribed formalities or suffer if other

help the administrative authority podateli gaps, or it will prompt you to

remove them and provide it with a reasonable period to do so.



(4) it is possible to do so in writing or orally or in

electronic form signed by a recognized electronic signature. ^ 16)

the conditions that the administration up to 5 days is confirmed, as appropriate, followed by the way

referred to in the first sentence, it is possible to do this using other technical

means, in particular, by telex, telefax or public

the data network without the use of a recognised electronic signature.



(5) the person who makes the submission in electronic form referred to in paragraph 4 sentence

First, the certification services provider at the same time that his

^ 16) issued the certificate and the registration, or certificate to connect to the

Administration.



(6) the administration shall be before an administrative authority which is factually and locally

the competent. The submission is made on the date on which that authority has occurred.



(7) if the administrative authority is not able to ensure the acceptance of filing in

electronic form in accordance with paragraph 4, shall conclude a person referred to in section 160

paragraph. 1, which is part of the administrative authority, with municipalities with extended

application, in which the administrative district has its registered office, a public contract (§

160) on the operation of the electronic address of the Registrar.



(8) in the absence of the conclusion of a contract governed by public law referred to in paragraph 7,

proceed in the case of municipal authority by a special Act; ^ 18) in

the case of another administrative authority regional authority decides that it will be

This duty to perform the local authority of the municipality with extended competence, to

the administrative circuit belongs to. Decisions issued by regional office in

by the. The decision of the regional office shall be published at least once

for 15 days on the official Board of the administrative authority, that obligation did not perform.



§ 38



The inspection of the file



(1) the Parties and their representatives have the right to access to the file, even in the

If there is a decision in the case already in the law (§ 73). If it is not

participant represented, together with the participant access to the file and its

the proponent ^ 44).



(2) any other person the administrative authority will allow insight into the case-file, where

a legal interest or other serious reason and unless this right has been infringed

one of the participants, where appropriate, other interested persons or the public

interest.



(3) persons who are blind, the contents of the file read. At the request of the Board

authority of the blind person will allow the fixation of the phonogram. The administrative authority

the blind person will also allow to to the file looked her guide.



(4) with the right of access to the file is linked to the right to make statements and the right to

that the administrative authority took a copy of the file or its parts.



(5) if the administrative authority is denying a person access to the file, or a part thereof,

issues about the resolution, which shall be notified to that person only.



(6) for the inspection of the file are excluded its parts that contain

classified information or facts which are subject to the law

stored or recognized by the obligation of professional secrecy; This does not apply to parts of the file,

which has been or will be carried out to such evidence, parts of the file, however, may

inspect only the interested party or his representative, provided that

are familiar with the consequences of a breach of confidentiality of the

These facts and that the lesson is drawn up, which they sign.

The provisions of paragraph 4 shall not apply.



TITLE IV



DEADLINES AND TIME



§ 39



Specify the time limits for the implementation of the Act



(1) the administrative authority shall determine an appropriate time limit to the participant of the Act,

If it does not lay down the law and if it is needed. By specifying the time-limits must not

the purpose of the proceedings be compromised or violated the equality of the parties. Resolution on the

determination of the time limit shall be notified, who is it for and, if applicable,

which are otherwise directly concerned.



(2) the period specified by the Administration may, at the request of a party to the administrative

authority, under the conditions laid down in paragraph 1 of the resolution adequately

extended.



section 40



Computation of time



(1) if the performance of an act in the proceedings subject to the time limit,



and not included in the run-time) deadline day the fact that specifies the

the beginning of the period; This does not apply in the case of the time limit specified by the hour; in

doubt is the beginning of the period considered the day following the day on

which is certain that the fact a decisive for the beginning of the period already

There was,



(b)) ends periods of weeks, months or years the end of the day,

that is the same date when the fact

to specify the beginning of the period; If there is no such day in the month, the deadline

the last day of the month



(c)) end of the period falls on a Saturday, Sunday or holiday, ^ 25)

on the last day of the period closest to the next business day; This does not apply if

for a period specified by the hour,



(d)) is the period be maintained, if the last day of the period for filing has been made

factually and locally competent administrative authority or, if on that day

mail addressed to this is submitted to the Administrative Department which

contains submissions, the holder of the licence or a special postal mail

the licence or a person who has a similar position in another State;

If a participant is unable to due to serious reasons, make submissions on the substantive and locally

the competent administrative authority, the time limit is maintained, if the

the closing date was made at a higher level of the administrative authority;

This administrative authority administration shall promptly forward materially and locally

to the competent authority.



(2) in case of doubt, the date considered to be preserved until proven

the opposite.



§ 41



Return to the previous state



(1) Returning to the previous state means the missing Act

that must be done at the latest at a hearing or in a particular

the time limit, or permit withdrawal or changes to the content of the submissions, which would

otherwise, it was not possible to do so.



(2) the Request for relief may act a participant may, within 15 days from the date of

the removal of the obstacle that prevented the podateli Act to do so. With the requesting

It is necessary to combine the omitted Act, otherwise his administrative authority.

By default the Act cannot be waived, if the date on which the Act should be

made, one year.



(3) an administrative authority may request relief may act to admit

suspensory effect if podateli is threatening to cause, serious injury and if

granting suspensive effect in relation to the injury caused by the rights acquired in

good faith, or in relation to the public interest in excess of injury threatened

podateli.



(4) the administrative authority waives the default judgment of the Act, where the podatel that

obstacle have been compelling reasons that occurred without his fault.



(5) the administrative authority of the judgment of the Act if it is remitted to the obvious, that the injury

that would have been due in relation to rights acquired in good faith, or

in relation to the public interest, exceeded the injury threatened podateli.



(6) on the expiry of the Act shall make an order the administrative authority which

at the time of the request for remission of the default judgment of the Act leads to the proceedings. In the case that

the administrative authority shall remit the omitted Act, make up the proceedings within the meaning of the Act,

whose judgment has been remitted.



(7) the resolution whereby the administrative authority of the Act, to remit the amount of the default judgment

only podateli.



(8) request permission to change the content of the submission, the participant may only

the decision (section 71). The administrative authority may authorize the withdrawal or

changing the contents of the submission only in the case that podateli risk of serious injury; by

is without prejudice to the provisions of § 45 para. 4. The provisions of paragraphs 2 to 4, 6 and 7

shall apply mutatis mutandis.



TITLE V OF THE



THE PROCEDURE BEFORE THE PROCEEDINGS



§ 42



The adoption of incentives to initiate proceedings



The administrative authority is obliged to receive stimuli, that proceedings have been initiated from the

ex officio. If the one who has taken the initiative, he asks, is the administrative authority

obliged to inform him within a period of 30 days from the date on which the complaint has been received, the

proceedings, or that it did not find grounds for initiating the procedure from the power

official, or that the complaint forwarded to the competent authority.

The communication of the administrative authority, if not sent to the person who submitted the

the initiative, according to § 46 para. 1 or § 47 para. 1.



§ 43



Postponing things



(1) the proceedings on the application (section 44) is not initiated and the administrative authority of the case resolution

defer in the event that



and) against him was made an act that is clearly not applications, or from the

You cannot find out who did it, or



(b)) was made the submission, to the settlement of the substantive jurisdiction is not no

the administrative authority.



(2) a resolution on the postponement of the things always announce to the person who shall

If known, and podateli.



TITLE VI OF THE



THE PROGRESS OF THE PROCEEDINGS AT FIRST INSTANCE



Part 1



Initiation of proceedings



§ 44



The initiation of the proceedings on the application



(1) the proceedings on the application is initiated on the date on which the application or proposal,

initiating proceedings (hereinafter referred to as "the application"), factually and locally

to the competent authority.



(2) if the law or from the nature of the case shows that the request may be filed

just more applicants jointly, it is not necessary that the filing was made

at the same time. For the initiation of the proceedings, when he did so the last of the

them; the administrative authority of the initiation of the proceedings shall inform the other applicants.



§ 45



The request of the



(1) the application shall be set out in § 37 para. 2 and must be


what the applicant is or what he is seeking. The applicant is also required to

mark the other participants known to him.



(2) where the application does not have the prescribed formalities or suffer if other

help the administrative authority to the applicant the deficiencies it on site or to delete

prompts you to remove them, provide it with a reasonable period to do so and will instruct

It neodstranění on the consequences of the deficiencies in this period; at the same time can

the proceedings (section 64).



(3) the request must not be obviously legally inadmissible. Such a request, the administrative

authority and control are stops (section 66). The resolution shall be notified

the participants, who were notified of the initiation of the proceedings.



(4) the applicant may narrow the subject of its application or take the request back; This

the law cannot be applied at the time of issue of the decision of the administrative authority

first instance to the start of the appeal proceedings.



§ 46



Initiate proceedings ex officio.



(1) the Procedure is initiated ex officio, the date on which the administrative authority announced

the initiation of proceedings to a participant referred to in section 27 para. 1 delivery notice

or an oral statement, and if there is no administrative authority this participant

I know, then any other participant. The notification shall contain

the designation of the administrative authority, subject, name, surname, function or

business number and signature of the authorized official persons.



(2) if in a proceeding ex officio more participants referred to in section 27 of the

paragraph. 1, has to begin management of the importance of the notice of initiation

the first of them. Those who failed to announce the initiation of the proceeding,

shall designate the administrative authority of a guardian; the provisions of the resolution on the guardian

shall be served on the public notice.



(3) the notice of initiation may be associated with any other act in the

control.



§ 47



(1) on the commencement of proceedings is the administrative authority shall notify without undue

delay all participants known to him.



(2) that the proceedings are pending, the administrative authority shall, without delay,

After he learns to recognize even the guy who became a party to the

the initiation of proceedings, unless the person itself as a participant in the

the proceedings.



(3) notice of initiation can be in addition to the procedure referred to in paragraphs 1 and 2

published on the official Board of the administrative authority.



§ 48



Obstacles management



(1) initiation of any administrative authority to prevent the same

stuff for the same reason has been brought by another administrative body.



(2) to grant the same right or save the same obligation may be for the same reason

the same person only once.



Part 2



Oral proceedings



§ 49



(1) the administrative authority shall order an oral hearing in cases where this is provided for

the law, and if it is to fulfill the purpose of the proceedings and the application of the

rights of participants necessary. There is a risk of default, shall inform the

the administrative authority of the parties to the hearing at least five-day

in advance. This obligation has against the party who has the rights of participation

at the oral proceedings.



(2) an oral hearing is non-public, law or administrative

Authority specifies that an act or part of it are public. When determining the

public oral proceedings, the administrative authority shall ensure the protection of classified

information and to protect the rights of participants, in particular the right to protection

personality, as well as for the protection of morality. For the protection of morality

can be from participation in the hearing excluded minors.



(3) If a participant referred to in section 27 para. 1 suggests that oral proceedings

It was a public administrative authority, he will meet, if it cannot be caused by

injury to the other participants. The provisions of paragraph 2, the second and third sentences

shall apply mutatis mutandis.



(4) on the proposal for a participant to a public oral hearing, decides

the administrative authority shall, by order, which shall only be mentioned in the files.



(5) I questioned the proponent may participate in ^ 44) of the participant.



Part 3



The supporting documents for the issuance of the decision



§ 50



(1) documents for the issuance of the decision may be in particular the proposals of the participants,

the evidence, the facts known to the authority of official activities, handouts

from other administrative bodies or public authorities, as well as

the facts generally known.



(2) documents for the issuance of the decision ensures the administrative authority. If it

cannot compromise the purpose of the proceedings, the administrative authority shall, upon request of the participant

admit to supporting documents for the issuance of the decision capped this

participant. Unless otherwise provided by special law to the contrary, participants are required to

the procurement of materials for making the decision to provide the administrative authority

all the necessary synergies.



(3) the administrative authority shall determine all the circumstances relevant to the

the protection of the public interest. In the proceedings in which it is to be stored ex officio.

the obligation of the administrative authority shall, without an application to discover all

the applicable circumstances in favor of and against whom it has

in order to be saved.



(4) If the law provides that any surface is for administrative authority

binding administrative authority shall assess, in particular, the evidence, the supporting documents referred to in its

considerations; carefully take into account everything that came to light, in the proceedings

including what according to participants.



The taking of evidence



§ 51



(1) the taking of evidence may be used all the means that are

appropriate to determine the status of the case and which are not obtained or made in

contrary to the law. In particular, documents, witness examination,

testimony and expert opinion.



(2) on the implementation of the evidence outside the hearing must be participants in a timely manner

be informed, there is a risk of default. This obligation does not

the administrative authority against the party, which gave up the right to participate in the

the taking of evidence.



(3) If, in accordance with the requirements of § 3 found the fact that

makes it impossible to fulfil the request, the administrative authority does not perform additional evidence and

reject the application.



§ 52



Participants are required to indicate the evidence to support their claims. Administrative

the authority is not bound by the proposals of the participants, but always makes the evidence

needed to determine the status of the case.



§ 53



Evidence of the Charter



(1) the administrative authority may, by a resolution to save the person who has the instrument required

the evidence that it presented. The resolution shall be notified only to the person

that is a duty imposed.



(2) the presentation of the Charter could not apply or may be denied for reasons of, for

that may not be a witness or for which the witness is entitled to

notice of termination of deny (§ 55 paragraph 2 to 4).



(3) a document issued by the courts of the Czech Republic or other State bodies

or bodies of territorial self-governing units within the limits of their competence,

as well as the instruments that are declared as public by special laws,

confirm that it is a declaration of the authority which issued the Charter, and if it is not

contrary, confirmed the veracity of what is in them certified or

confirmed.



(4) If an international agreement, which is part of the rule of law,

provides otherwise, shall be the authenticity of official stamps and signatures on

public documents issued by the authorities of foreign States verified by authorities

the relevant.



(5) the presentation of the Charter is in the cases and under the conditions laid down

a special law can replace the formal declaration of the participant or

witness testimony.



(6) the evidence to the Charter shall record in the file. For

the presence of the participants or stakeholders, or when taking part in the Act

the public, with evidence that the Charter the Charter reads or

shall communicate its contents.



§ 54



Evidence of an inspection of the



(1) the owner or user of the case or the one who has a thing for each other, it is required to

submit it to the authority or to submit to an inspection of the case on the spot.

The administrative authority shall issue an order which shall be notified to the person mentioned only

in the first sentence. If there is a risk of delay, proceed according to section 138.



(2) the Inspection cannot be made, or may be a person referred to in paragraph 1

denied for the reasons for which it may not be a witness or for which

the witness is entitled to deny testimony (article 55, paragraph 2 to 4).



(3) the inspection on site of the administrative authority shall inform also the guy who

entitled to with the subject of inspection, unless it is a person that is

resolution Announces pursuant to paragraph 1.



(4) the administrative authority may invite to participate in the inspection of a fair person,

to ensure their presence in the implementation of evidence. These people do not have

rights or obligations of participants.



section 55



Evidence of witness testimony



(1) any person who is not a participant is obliged to give evidence as a witness; must

to testify truthfully and must not be concealed anything.



(2) a witness may be questioned on classified information protected

a special law, which is obliged to keep in secret, unless they were

relieved of this duty by the competent authority.



(3) a witness may be questioned whether or not if their termination would

He broke the state saved or recognized obligation of confidentiality, unless they were

the obligations of the competent authority or, in whose interest this

the obligation has absolved.



(4) the notice of termination may deny the person who caused her to yourself or the person

^ 26) in danger of prosecution for a criminal offence or an administrative offence.



(5) the administrative authority of a witness before a hearing about the reasons for that

must not be questioned, about the right to refuse to testify about his obligations


to testify truthfully and nothing nezamlčet and the legal consequences of false

or incomplete testimony.



§ 56



Evidence of an expert's report



If the decision depends on the assessment of the facts to which it is necessary to

the expertise of a public official, and if you do not have the professional

assessment of the facts cannot be from another administrative authority, the administrative

by resolution of the authority shall appoint an expert. The resolution is to announce only to experts. About

the intended provision of an expert, or appointing the expert administrative

authority shall inform the participants in an appropriate manner. The administrative authority of the experts from the stores,

that opinion has drawn up and presented it to him in writing within a time limit

at the same time. Experts may also hear.



Preliminary ruling



§ 57



(1) if the decision depends on the solution to the issue, already a matter for

the administrative authority to decide and which has not yet been

decided, the administrative authority



and) can give rise to the initiation of proceedings before the competent administrative authority

or other public authority; in the cases provided for by law,

the administrative authority shall be obliged to give such a complaint, or



(b)), or participant can invite another person that made the request for

initiation of proceedings before the competent administrative authority or other authority

public authority within a period which the administrative authority shall determine, or



(c)), it may make a judgment; administrative authority cannot, however, make

judgement about whether a crime has been committed, a misdemeanour or an administrative

offence and who is responsible for it, not even on matters of personal status.



(2) If before the competent administrative authority or other

the competent public authority a preliminary ruling, or if

given the administrative authority to such proceedings a complaint under paragraph 1 (b). and) or

He made the call referred to in paragraph 1 (b). (b)), the administrative authority shall proceed pursuant to section

64. If proceedings on the initiative of the administrative authority has not been started or has not been

an application for commencement of proceedings within a specified period, in the proceedings

continue.



(3) the decision of the competent authority, for a preliminary ruling, that is

the final, or provisionally enforceable, the administrative authority is bound to.



(4) if the decision depends on the solution to the issue, which

the solution is the administrative authority, which, however, cannot decide in

Joint proceedings, an administrative authority proceedings about this first preliminary

the question, if it is entitled to initiate proceedings ex officio, or alerts

who is entitled to submit a request to do so.



Part 4



Ensure the purpose and progress of the proceedings



§ 58



Introductory provisions



The administrative authority shall be used hedge funds (section 59 to 63 and § 147) only

cases, when required, and in so far as it requires ensuring

the course and purpose of the proceedings.



§ 59



The summons



The administrative organ shall summon the person whose personal participation in the Act in the proceedings is

to perform an Act required. The summons must be in writing and delivered to the

your own hands with enough, usually at least five-day advance.

The summons must be mentioned, who, when, where, what and why

reason has come and what are the legal consequences in the event that the

does not appear. Defendant is required to appear at the designated location in a timely manner;

If serious reasons to do so, it shall, without delay, with the

the reasons for the Administrative Department to apologize.



section 60



Demonstration of the



(1) If a participant or witness without adequate excuse or without

sufficient reasons on the summons, the administrative authority shall issue the

the resolution, which will be presented to the participant or witness. Written

original of the order shall be served on the authorities to demonstrate to perform;

a public official, which carries out the tasks of those authorities shall be forwarded to the resolution of the

předváděnému.



(2) the demonstration at the request of the administrative authority ensures the police of the Czech

States or other possums, which it lays down a specific law. In

proceedings before the authorities of the municipality ensures the demonstration also municipal police.



§ 61



Interim measures



(1) the administrative authority may, ex officio or upon request of the participant prior to the

end of the trial decision order interim measures, if necessary,

that were provisionally revised ratios of the participants, or if there is concern that

be jeopardised faggots. A provisional measure can be a participant in

to order, or any other person to do something, abstain or something

acquiesced in, or ensure that the thing that can serve as evidence,

or thing that may be subject to execution.



(2) on the request of the Subscriber of the interim measures must be made within 10

days. The decision shall be communicated only to whom it relates, where appropriate

Another participant, who asked about his release. The appeal against the

a decision on interim measures does not have suspensory effect; can

is the only participant to whom the decision Announces.



(3) the administrative authority shall revoke a decision without delay interim measures

then, what the reason for that was ordered. Fails to do so, shall cease to be

interim measures of effectiveness on the day when the decision in the case happened

enforceable or took other legal effects.



(4) a person who has been notified of the decision regarding the securing of things, is required to

the case of the administrative authority to issue. If the matter is not within the specified time to the administrative

authority may be released to the person who has it together, withdrawn. On the issue of or

withdrawal of secured things report, showing a description

secured by stuff. The person who has issued or was thing thing taken away,

administrative authority or official person performing the withdrawal stuff issues

confirmation. A preliminary measure ceases to have effect, it will return the thing to the person

that was assured when it is not subject to execution.



§ 62



Fine won



(1) the administrative authority may, by decision, impose a fine up to

$ 50,000 to whoever in the proceedings seriously complicates the procedure by



and) without justification on the summons to the administrative authority,



(b) despite previous admonition) cancels the order, or



(c)) the rest of the official guideline.



(2) fined pursuant to paragraph 1 can be saved and who will make the

grossly offensive use.



(3) in determining the amount of the fine shall ensure that the administrative authority, that it is not in the

gross disproportionate to the severity of the effect and the importance of the subject-matter of the proceedings;

a fine can be imposed repeatedly.



(4) fined collected according to a special law ^ 27) administrative authority

that saved her. In the proceedings for the imposition of the obligation, to whose execution is

administrative authority, enforcement by an administrative authority (article 103, paragraph 2)

the administrative authority that fined order. Income from the police

fines is a budget from which the income is paid for by the activity of the administrative

the authority which imposed the fine.



(5) a party imposing a fine is the only person that

to be riot fine is imposed. The first act in the proceedings relating to the imposition of

fine is the issue of the decision. The appeal against the decision on the

Save fine always has suspensory effect.



(6) Finally saved fined, the administrative authority which it

order the new decision, waive or reduce. While the administrative authority

taking into account, in particular, how the person exerting the fine

stored, are procedural obligations in the further course of the proceedings.



§ 63



Kicked out of the venue of the Act



(1) Whoever inappropriate behaviour cancels the order at a hearing

or inspection on the spot, or any other Act, the administrative authority

the prior notice of the place where the Act takes place. The resolution is

proclaims by word of mouth. The administrative authority shall instruct the reporting person about the consequences

disobeying. As reported by same authorities enforce that perform

demonstrate under section 60.



(2) if the Act is not carried out in the official rooms of the administrative

the authority cannot be from the place the Act of reporting a person who has the ownership or

the right of use to the space where the action takes place.



Part 5



Stay of proceedings and termination of the proceeding



Interruption of proceedings



§ 64



(1) the administrative authority may by order suspend management



and) simultaneously with the challenge to eliminate the deficiencies of the application pursuant to § 45 para.

2,



(b)) simultaneously with the request for payment of an administrative fee that is associated with the

certain procedural step, and with the determination of the period for its payment; in the management of

continues, as soon as it receives proof of payment of the administrative

the fee,



(c)) if the preliminary ruling procedure or the administrative authority



1. put to such proceedings a complaint pursuant to § 57 para. 1 (b). and)



2. made a challenge pursuant to § 57 para. 1 (b). (b)), or



3. did the Act pursuant to § 57 para. 4;



for the operation of the administrative organ shall be treated as transmission of the document to be served

According to § 19 and posting documents on the official Board,



(d)) until such time as the provisions of the guardian process nezpůsobilému party



(e)) of the other reasons specified by law.



(2) in the proceedings on the application aborts the administrative authority proceedings on request

of the applicant; If the applicants more may do so only on the condition

that everyone agrees with.



(3) in a proceeding ex officio, the administrative authority shall, if it is not in conflict with


the public interest, upon request of the Subscriber, unless all participants

referred to in section 27 para. 1 (b). (b)), important reasons to discontinue

control.



(4) the proceedings may be suspended for a period strictly necessary. The procedure under

paragraphs 2 and 3 the administrative authority when determining the period of interruption shall take account of

the design of the participant.



§ 65



(1) for the duration of the stay of proceedings shall be the administrative authority and the participants of the actions

where there is a need to eliminate the reasons for the interruption. The administrative authority may

also do tasks pursuant to § 137 para. 1 and section 138. Time limits concerning the

the implementation of the actions in the proceedings is not running. The deadline for the release of the decision in a case

ceases to run on the date when there is already one of the grounds provided for in § 64

paragraph. 1, and ending no earlier than 15 days from the date of interruption of the proceedings

has ended.



(2) the administrative authority shall resume proceedings as soon as it becomes unnecessary obstacle for which

the proceedings were interrupted, or the deadline specified by the Administration referred to in

§ 64 para. 2 or 3. If proceedings pursuant to § 64 para. 2 or

3, may, in the management of the administrative authority to continue also on request of the participant,

who asked for his interruption. About the fact that in the procedure continues, shall inform the

the administrative authority of the parties and makes about a record in the file.



Termination of the proceeding



§ 66



(1) the Proceedings on the request of the administrative authority by order of stops, if



and) the applicant took his application; If the applicants more must be

withdrawal of consent all applicants; in contentious proceedings the administrative authority

management does not stop, if the respondent or by serious reasons

disagree,



(b)) has been submitted clearly legally inadmissible,



(c)) the applicant within the specified time could not delete the the substantive defects in the application that

prevents the continuation of proceedings,



(d)) the applicant within the time limit did not pay an administrative fee, which

the payment was a must, in the proceedings



e) detects the obstacle control pursuant to § 48 para. 1,



(f) the applicant died or disappeared), if the proceedings are not continued legal

successors or if not more applicants, or if the matter ceased to exist or

right, which concerned; the procedure is terminated on the date on which the administrative

authority of the death or dissolution of the applicant or the dissolution of things or rights

learned,



(g)) the request has become manifestly devoid of purpose,



h) for other reasons provided by law.



(2) proceedings conducted ex officio by order of an administrative authority stops,

If it finds that any administrative authority prior to

this proceeding was initiated proceedings in the same case, or if in the proceedings,

in which they cannot continue to successors in title, broke his reason

in particular, if the participant died or disappeared or ceased to exist a thing or

the right to the procedure. This resolution will only be mentioned in the files.



Part 6



The decision of the



§ 67



The content and form of decisions



(1) by decision of the administrative authority in a particular case is based, shall amend or repeal

rights or obligations specifically designated person or in a particular case

declares that the rights or obligations of such a person has or does not have, or in the

provided for by law shall decide on procedural matters.



(2) the decision shall be made in written form. Decision in writing

is not made out, if so provided by law; the operative part of that decision,

a substantial part of its rationale and lessons learned about the appeal to

only puts out and the file shall record that contains an ordering

in part, the justification, release date, reference number, the date of preparation,

official stamp, name, surname, function or business number and signature of the

an authorized official person.



(3) orally announced by the decision of the administrative authority shall confirm in writing, if

participant of the written confirmation is required. Written confirmation contains only

an ordering part of the decision (section 68 (2)) and the other elements referred to in

§ 69.



The elements of a decision



§ 68



(1) the decision contains an ordering part, reasoning and learning participants.



(2) the following shall be entered in the propositional addressing the part, which is the subject

management, legal provisions under which it has been decided, and designations

participants in accordance with § 27 para. 1. the parties who are natural persons

are referred to personally identify them (section 18 (2));

participants who are legal persons, indicate the name and address.

In propositional part shall bear the time limit to comply with the obligations imposed on

where appropriate any other information necessary to fulfil and the opinion on the

the exclusion of the suspensive effect of an appeal (section 85, paragraph 2). The operative part of the

the decision may contain one or more statements; statement can contain

ancillary provisions.



(3) the preamble shall state the grounds of the operative part of the decision, or utterances

supporting documents for his extradition, the considerations governing the administrative authority was driving when

their evaluation and interpretation of the legislation, and information about how

How to deal with the administrative authority of the proposals and objections of the participants and the

their expression to background of the decision.



(4) of the decision, it is not necessary, if the administrative authority of the first

the degree of all the participants in full.



(5) in the lessons learned shall indicate whether it is possible to lodge an appeal against the decision, in

the period within which it is possible to do so, from what date this period shall be calculated,

that appeal is decided by the administrative authority and for which an administrative authority

the appeal is lodged.



(6) if the appeal does not have suspensory effect, this fact must be in

the lesson listed.



§ 69



(1) a written copy of the decision shall bear the indication "decision"

or other designation laid down by law. A written copy of the decision

It must also contain the designation of the administrative authority which issued the decision,

reference number, the date of preparation, the imprint of the official stamp, name,

last name, function or business number and signature of the authorized official persons.

Signature of the authorized official person is remitting to replace clause

"own hands" or the abbreviation "r." in the last name of authorized official persons

and the clause "for the accuracy of copy:" with the name, surname and

the official signature of the person who is responsible for the written copy of the decision.



(2) a written copy of the judgment shall state the names and surnames of all

participants.



(3) If, at the request of a participant's decision to deliver electronically,

It shall prepare the official person who, for a written copy of the decision corresponds to,

its electronic version, with the impression of an official stamp on the spot

expresses this fact to the words "the imprint of the official stamp", and the document

he signs his recognized electronic signature. ^ 16)



(4) upon request of the participant, the administrative authority shall issue a copy of the written

copy of the decision. On request, the participant can also be issued only

a copy of the statement.



section 70



The correction of obvious mistakes in the written copy of the decision on the

the participant upon request or ex officio by order performs the administrative authority

that issued the decision. Where the correction relates to the operative part of the decision, it shall take a

the administrative authority of the repair decision. The first act of an administrative authority in the

case repair is the release of this decision. A right of appeal against the

the response of the resolution or correction decision has only a participant

It could be directly affected.



§ 71



The deadline for making the decision



(1) the administrative authority shall issue a decision without undue delay.



(2) the release of the decision means



and a copy of the written copy of) the transfer decision to deliver according to the

§ 19, or other Act to his delivery, if the administrative authority

alone; on the document or the postal consignment shall be marked

words: "Greatest day",



(b)) the oral notice if the effects of the notification (article 72, paragraph 1),



(c) the public airing of the Decree) is delivered under section 25, or



(d)) to file in jotti resolution to the case that only the notes to the

the file.



(3) If you cannot issue the decision without delay, the administrative authority shall be obliged to

issue a decision no later than 30 days from the start of the proceedings to which the

added time



a) up to 30 days, if it is necessary to hold an oral hearing or a local

the investigation needs to be someone to call, let someone show off or

deliver a public decree persons who demonstrably failing

deliver, or in the case of particularly complex event



(b)) to execute letters rogatory in accordance with § 13 para. 3, for processing

the expert's report or to serve the document abroad.



(4) for the time necessary to measure the data according to § 6 paragraph 1. 2 the deadline for

the decision is not running.



(5) failure to comply with time limits cannot rely on the party who is

it caused.



§ 72



Notification of decisions



(1) the decision to announce the delivery of a written copy of the participants

copy into your own hands or oral publication. Unless otherwise provided in

the law stipulates otherwise, the oral announcement of the effects of the notification has only in the case that

participant at the same time gives up the right to delivery of the written copy

decision. This fact shall be mentioned in the files.



(2) if all parties waive the right to receipt of the written

copy of the decision, it shall take the place of the written copy of the decision

only the record in the case referred to in section 67 para. 2 the second sentence.



(3) a participant may waive the right to notification of any decision of the


issued in a proceeding, with the exception of the decision, which ends, and

the decision to him in the course of the procedure, and the law imposes an obligation on the

vyrozumívání on resolutions noted in the file. If all

the participants gave up the right to notification of all the resolutions, resolutions

only the notes in the file.



The legal power, enforceability and other legal effects of a decision



section 73



(1) unless otherwise provided by this Act, is in the decision that

It was announced and against which you cannot appeal.



(2) a final decision shall be binding for the parties and for all

the administrative authorities; the provisions of § 76 para. 3 last sentence, this does not affect.

For other persons, the final decision is binding in cases stipulated by

by law to the extent referred to in it. A final decision on civil status

It is mandatory for everyone. If the rights and obligations of the participants

specifying the right to movable or immovable property, ^ 28) final decision

decision binding for the legal successor of the participants.



§ 74



(1) the decision is enforceable by acquiring legal force or a later date,

that is in his propositional part listed. Judgment is provisionally

to be enforceable, if the appeal does not have suspensory effect.



(2) a decision imposing an obligation to perform shall be enforceable if it is in

legal authority and if the deadline to meet the obligations. The decision of the

imposing an obligation to discharge is provisionally enforceable, if the appeal

does not have suspensory effect, and if the time limit to comply with the obligations

the deadline expires.



(3) the provisions concerning enforceability applies mutatis mutandis to other legal effects

decision.



§ 75



Legal power or enforceability clause



(1) the administrative authority, which decided in the last instance, be indicated on the

a written copy of the decision, which remains part of the file, legal

the power or the enforceability of the decision. At the same time be marked the day of the publication of this

the decision or the day when the document was submitted for delivery.



(2) upon request of the participant shall bear the administrative authority of first instance clause

the legal authority, or enforceability of the copy of the decision, which was

delivered to the participant. Upon request, a Subscriber shall be a copy of the operative part

together with an indication of the legal clause or enforceability.



(3) If an erroneous indication or if the decision shall cease to

legal authority or enforceability, the administrative authority shall notify those persons,

to which the information referred to in paragraph 1 is marked, and will make the announcement about it

a public decree.



§ 76



The resolution of the



(1) in the cases provided for by law shall be decided by the administrative authority resolution.



(2) a resolution under section 11 (1) 2, § 13 para. 4, § 28 para. 1, § 29 para.

1, § 38 paragraph 1(a). 5 and § 80 para. 4 (b). (b)), and (c)) may be issued without the prior

proceedings, if a similar resolution was the same administrative authority according to

the established decision-making practice released in the same or other things in similar

factual circumstances. The effects of such a resolution occur his release.



(3) a resolution shall be notified pursuant to § 72, unless the law provides that only

Notes on the file. The resolution, which shall be notified pursuant to § 72, shall take

legal power, if it has been notified and is impossible to appeal against it. About

the resolution, which only makes a note in the file, the participants in an appropriate

way to inform; such resolutions shall acquire legal power by noting the

the file. The resolution, which will only be mentioned in the files, the administrative authority

in the course of the procedure to change the new resolution; the new resolution will only

Notes on the file.



(4) the resolution concerning the jurisdiction of administrative authorities, shall

They shall be notified to all administrative bodies, which are touching.



(5) may appeal against the order, which is the resolution of the participant

Announces. Appeal against the order does not have suspensory effect. Against the resolution,

that only makes a note in the file, and against the resolution, which it lays down

the law, cannot be appealed.



Part 7



The smallness of the decision



§ 77



(1) Nothing is a decision to the administrative authority which was not at all

substantive jurisdiction; This does not apply, if it is issued by the administrative authority of the parent

competent authority. For this reason the smallness of checks

and by decision of the administrative authority declares the superior administrative department

that nothing took the decision.



(2) Nothing is further decisions, which suffer from defects which render them manifestly

internally contradictory or legally or de facto impossible or

other defects for which you cannot at all be considered a decision of the administrative

authority. The smallness of these reasons, the Court pronounced by judicial procedure

administrative. ^ 29)



(3) if the reason for a statement about the futility of a decision or

the secondary provisions of the operative part, is dwarfed by just this part, if

the case does not mean that it cannot be separated from the rest of the content.



§ 78



(1) the smallness of the finds and declares ex officio at any time.

Parties to the proceedings in which the judgment was given, and on those who are

listed in the written copy of the decision, as well as the legal

the successors of all these people, if they were bound by the decision, they can give

the initiative for the Declaration of nothingness; If the administrative authority finds the reasons

to initiate proceedings for a declaration of nothingness, shall communicate this fact to the

giving reasons within 30 days podateli.



(2) Against a decision by which the administrative authority, it cannot be said

to lodge an appeal.



(3) if the administrative authority comes to the conclusion that another administrative authority

the Act, which is pitiful decision, initiate the Administrative Department

Declaration of the nothingness.



Part 8



The costs of proceedings



§ 79



(1) the costs of proceedings are mainly cash outlays of participants and their

representatives, including an administrative fee, loss of earnings of participants and their

legal representatives, the costs of evidence, the interpreter will and representation.



(2) the decision in the matter of the costs can be in the propositional section of another

decision or can be issued separately; You can also go in the course of

control. The decision shall be communicated to persons other than those to which it relates.



(3) unless otherwise provided by law, shall be borne by the Government or the authority concerned (section

136) and their costs.



(4) Implementing legislation sets out the extent to which the administrative authority shall be borne by

cash expenses and loss of earnings to others, especially in the context of the

the performance of the functions of the guardian and with the provision of materials for the release

decision. Entitlement to the refund shall be before an administrative authority applied to 8

days after the expenses were incurred, otherwise ceases to exist.



(5) the obligation to pay the costs lump sum saves the administrative

authority of the person in violation of their laws, summoned the management

obligations. The implementing legislation sets out the amount of the lump sum payment

the costs and the amount of the lump sum costs in particular

complex cases or where the action expert. In cases worthy of

Special consideration may be the amount of the lump sum payment on demand reduced.



(6) the obligation to pay the costs that would otherwise administrative authority

have been incurred, the administrative authority may save whomsoever their establishment

caused the breach of their obligations.



(7) the costs of measures of the data according to § 6 paragraph 1. 2 make up the cash outlays

administrative authority, increased by the amount corresponding to the administrative charges,

that would have been required to pay to the person concerned that measures data

asked if he is opatřovala; These costs shall be borne by the interested

the person who asked about measures of the data.



(8) the reimbursement of the costs levied by a special Act ^ 27) administrative authority

that saved her. In the proceedings for the imposition of the obligation, to whose execution is

administrative authority, is the enforcement authority of the administrative authority which

reimbursement of the costs order.



TITLE VII



PROTECTION AGAINST FAILURE



§ 80



(1) if the administrative authority shall not issue a decision in the case within the statutory time limit,

the superior administrative authority shall make an ex officio actions against inactivity,

Once he knows about it.



(2) the measures against inaction will make a superior administrative authority even if the

does not start if the competent administrative authority within 30 days from the date on which the

He learned of the facts justifying the initiation of power

official.



(3) measures against inactivity can make even the superior administrative authority in

If it is obvious from the circumstances that materially and locally competent administrative

authority fails to comply with the time limit set for the release of the decision on the application or

to initiate proceedings ex officio or in proceedings properly continue. After

the deadlines for the issuance of the decision, a request for the application of the measures

to submit a participant against inaction.



(4) the Superior administrative authority may



and order the prevent administrative authority), that has made within the prescribed period

the necessary measures to remedy the situation or decision



(b) take over the thing and resolution) to decide instead of the idle of the administrative

authority,



(c) appoint a different resolution) the administrative authority in its administrative district leadership

proceedings, or



(d) adequately extended resolution) statutory time limit for the issuance of the decision,

If it can be reasonably assumed that the administrative authority by the extended deadline issues

decision in the case, and if such a procedure is more favourable to participants;

in so doing, account shall be taken of the time limits referred to in § 71 para. 3.




(5) the procedure referred to in paragraph 4 (b). (b)), and (c)) cannot be used with the authorities

territorial self-governing units in the performance of individual competence.



(6) the resolution referred to in paragraph 4 shall be notified to the administrative authorities referred to in

paragraph 4 (b). b) to (d)) and the participants referred to in section 27 para. 1; other

participants shall inform the public about it by Decree. The resolution of the parent

the administrative authority shall issue, even if that application of a Subscriber pursuant to paragraph 3

the second sentence does not pass; This resolution shall be communicated only to the

a participant; against that order cannot be appealed.



TITLE VIII



THE BOARD OF MANAGEMENT



Appeal



§ 81



(1) a participant may appeal against the decision, unless the law

provides otherwise.



(2) the right to appeal is not a participant, who, after notification

the decision of this right in writing or orally.



(3) if the appellant filed the appeal took back, cannot provide

again.



(4) the statutory body of the legal person has a right of appeal against the

the decision, which should be limited by the capacity of the legal person itself

Act before the Administration, even if that decision is preliminary

enforceable.



§ 82



(1) the Appeal may be contested an ordering part of the decision, an individual statement

or its ancillary provisions. The appeal against the decision, only

It is not permitted.



(2) the appeal shall be as set out in § 37 para. 2 and shall

include information about how the decision is being appealed against, in which

the range of it challenges and what is seen in conflict with the law or

the incorrectness of the decisions or proceedings that preceded. If it is not in the

the appeal stated, the extent to which the appellant challenges the decision,

that seeks the annulment of the entire decision. The appeal is lodged with the necessary

the number of copies to one copy remained the Administrative Department and

to each participant got a copy. If a participant fails to file the required

the number of copies, shall draw up the administrative authority at the expense of the participant.



(3) If an appeal is directed only against a verdict or decision

against the provisions of the operative part of the branch that do not form an integral part with

the other, and if this cannot be caused by injury to one of the parties,

take the rest of the propositional, the section allows the nature of things.



(4) to the new realities and to the proposals on the implementation of the new evidence,

referred to in the appeal or in the course of the appeal proceedings, taking into account only

When it comes to such facts or evidence that the participant could not

applied previously. If a party claims that he was not allowed to do so in the

first-instance proceedings an Act, this operation must be made together with the

citing.



The appeal



section 83



(1) the appeal is 15 days from the date of notification of the decision, if

the special law does not provide otherwise. An appeal can be filed only after it has been

the decision was issued. If the appeal was filed before notification of the decision

the appellant, that were made in the first day of the appeal period.



(2) in the case of the missing, incomplete or incorrect instruction pursuant to section

paragraph 68. 5 you can appeal within 15 days from the date of notification of the correction

resolution pursuant to section 70 of the first sentence, it was granted, and not later than 90

days from the date of notification of the decision.



§ 84



Decision the appeal when to notify



(1) a person who was a party, but it was not an administrative decision

Authority notified, may appeal within 30 days from the date of

the decision and the solution to the issue, which was the subject of decision making,

learned, but not later than 1 year after the date on which the decision

notified to the last of the participants, it was announced the administrative authority;

by default the Act cannot be waived. The provisions of this paragraph shall not apply to

the participants referred to in § 27 para. 1.



(2) failure to notify the decision cannot rely on the one who is with him

demonstrably met. To such participant is treated as if he

the administrative authority shall deliver a decision with a missing lesson according to § 83 para.

2.



(3) in the conduct of proceedings after the lodging of an appeal referred to in paragraph 1 shall be

especially ensure the legitimate interests of the participants, who have been in good faith.

Suspensory effect of an appeal may be ruled out for serious reasons (§ 85 para. 2) and

Additionally.



Effects of revocation



§ 85



(1) unless otherwise provided by law, has filed in a timely manner and appeal

suspensory effect. As a result of suspensive effect of the appeal does not occur, the legal

power, enforceability, or other legal effects of a decision.



(2) an administrative authority may have suspensive effect of appeal excluded



and if it is urgently requires) the public interest,



(b)) is threatened with serious injury to one of the parties, or



c) if so requested by the party concerned; This does not apply if it would result in harm to other

participants or it is not in the public interest.



(3) for the protection of rights acquired in good faith, the legitimate interests of

of the participants or the public interest can be used to exclude the suspensory effect of appeals,

whose judgment the administrative authority.



(4) the exclusion of the suspensive effect of the appeal must be reasoned. Opinion on the

the exclusion of the suspensive effect of the appeal is part of the judgment in the matter;

against this verdict cannot be appealed.



Lodging an appeal and the procedure of the administrative authority, that the contested decision

issued



§ 86



(1) an appeal shall be lodged at the administrative authority, that the contested decision

It has issued.



(2) the administrative authority which issued the contested decision, it shall send a copy of the

filed appeal to all participants, who can appeal against a decision

appeal, and invite them to come to him within a reasonable period, which may not be

less than 5 days. Under the circumstances, will control.

The provisions of this paragraph shall not apply if the appeal is lodged

late or if it was unacceptable.



(3) the provisions of § 82 para. 4 first sentence applies to the observations of the parties to the

lodged the appeal mutatis mutandis. Observations of the parties to the appeal are lodged

included in the file. To the expression of the examination of the after the deadline may not be taken into account.



§ 87



The administrative authority which issued the contested decision, it may cancel or

change, if it meets the appeal and if this cannot be

caused the injury to any of the parties, unless all the

refers to, agree. Against this decision can be appealed.



§ 88



Transmitted to the Board of the administrative authority



(1) where the administrative authority Finds that the contested decision issued

conditions for the procedure according to § 87, it shall transmit the file with their opinion

the appellate authority within 30 days from the date of receipt of the appeal.

If it was just a statement referring, attacked the decision pursuant to § 82

paragraph. 3, and if the appropriate portion of the file, the administrative authority shall transmit to the

only the portion of the file concerning the question of which it was decided in

the operative part of the contested decision. In the event of the improper or delayed

the appeal to the Board of the administrative authority shall transmit the dossier within 10 days; in

the opinion shall be limited to the grounds relevant to the assessment of

is time-barred or the inadmissibility of the appeal.



(2) If before passing the file to the Board of the administrative authority there is

one of the reasons for termination of the proceeding referred to in section 66 paragraph 1. 1 (b). and), (e)),

(f)) or g) or in section 66 paragraph 1. 2, the administrative authority which the contested

the decision issued, management stops, unless the decision on the appeal may

be relevant to the claim for damages.



The appeal procedure of the administrative authority



§ 89



(1) unless otherwise provided by law, the Board of the administrative authority is closest to the

the superior administrative authority.



(2) the Board of the administrative authority shall examine the compliance of the contested decision and

proceedings that preceded the decision, with the legislation.

The correctness of the contested decision only to the extent of the opposition shall be examined by

referred to in the appeal, otherwise only if required by the public interest. To

defects in the control of which cannot be reasonably considered that may affect the

compliance of the contested decision with the legislation or on its

the accuracy shall be disregarded; This provision does not prejudice the right of the

compensation for damage caused by incorrect official procedure.



§ 90



Decision the appeals of an administrative authority



(1) if the Board of the administrative authority comes to the conclusion that the contested

the decision is in conflict with the law or that is incorrect,



and) or part of the contested decision be revoked and the control stops,



(b)) or part of the contested decision cancels and returns to the new

discussion of the administrative authority which issued the decision; in the preamble to

This decision of the Board of the administrative authority the said legal opinion, which is the

the administrative authority which issued the contested decision when the new consultation

things bound; against the new decision can be appealed, or



(c)) or part of the contested decision; the change cannot be performed if the

should one of the parties to whom the obligation is being threatened injury

because of the loss of appeal; under § 36 odst. 3 proceed,

only as regards the documents newly acquired administrative appeal decision

authority; If it is necessary to remove the defects in the preamble, it changes the Board

the administrative authority decision on the part of the grounds; the Board of the administrative authority

cannot change the decision the decision of the local government

a whole released in separate scope.




(2) pursuant to paragraph 1. and the Board of the administrative authority) also

If, in the case of an appeal against a decision on interim measures and

If the decision has in the matter of legal force, unless the decision on the

that appeal could be relevant to the claim for damages.



(3) the Board of the administrative authority cannot alter the contested decision in

against the appellant unless the appeal also handed another participant whose

interests are not identical, or the contested decision is contrary to the legal

regulations or other public interest.



(4) if the Board of the administrative authority finds that the occurrence of the event

which justifies terminating the proceedings without further quash

decision and control stops, unless a different decision on the appeal may be

the importance of the compensation or the legal successor of the participants.



(5) if the Board Finds the administrative authority of the reason for the procedure under paragraphs

1 to 4, the appeal be rejected and confirms the contested decision. If

the Board of the administrative authority shall amend or withdraw the contested decision only in part,

in the rest of it is confirmed.



(6) the decision of the Appeal Board shall issue the administrative authority in the

the time limits laid down in § 71. The period shall run from the date forward a file

the Board of the administrative authority for decision (§ 88).



§ 91



(1) appeal against the decision of an administrative authority cannot be further appealed.

Decision the appeals of an administrative authority is in legal power, if it was

notified to all odvolatelům and participants referred to in section 27 para. 1.



(2) if the contested decision is provisionally enforceable, valid for

the effects of the repeal of the provisions of § 99 accordingly.



(3) If the appellant filed the appeal took back, the procedure for the appeal

stopped on the day of withdrawal of the appeal. If all the appellant took the

lodged an appeal, the Board of management is back terminated on the date of withdrawal

the appeal of the last of the odvolatelů. The day following the termination of the proceeding

the contested decision acquires legal force. The fact that the procedure was

stopped, the administrative authority shall issue an order, which only makes the

the file and notify the appellant about it, as well as the other participants, if

they were made aware of the appeal submitted pursuant to § 86 para. 2. an appeal may be taken

back at the latest by the decision of the appellate administrative authority.



(4) if the proceedings more participants and all have given up the right to bring

the appeal, the decision of the legal force on the day following the date on which

so did the last one.



§ 92



(1) late or inadmissible the Appeal Board of the administrative authority rejected.

If the decision already has power, then examines whether there are

the conditions for review of the decision in the review, for

a retrial or to issue a new decision. If the Court finds the assumptions

for the initiation of the examination procedure, for retrial or for the issue of

the new decision, it must be late or inadmissible the appeal as

the initiative to review the proceedings or a request for a retrial or a request for

release of the new decision.



(2) if the Board of the administrative authority, concluded that the appeal had been filed

in a timely manner and that it is permissible to return the matter to the administrative authority, which decided in

the first instance.



Application of the General provisions



§ 93



(1) if in this title, unless otherwise specified, for the appeal proceedings

shall apply mutatis mutandis the provisions of titles I to IV, VI and VII to this part.



(2) where in titles I to VII to this part talks about the underlying administrative

authority shall mean the procedure under this title are the administrative authority

the closest to a superior appellate authority; otherwise, the provisions

§ 178.



TITLE IX OF THE



THE REVIEW PROCEDURE



§ 94



(1) in the review of administrative authorities ex officio review

final decisions in cases where there is reason to doubt that the

the decision is in accordance with the law. The review procedure can be

to start, even if the judgment is provisionally enforceable under section 74 and still

was not in force; If it was after the opening of such a review

management of an appeal, it shall proceed according to the provisions of title VIII of this

part. The participant can give impetus to the implementation of the review procedure; This

the initiative is the proposal to begin proceedings; If the administrative authority finds

reasons for initiating the investigation procedure, shall notify this fact, stating the

reasons within 30 days podateli.



(2) the review procedure is not allowed if the decision was

participant consent to the legal acts or allowed deposit rights

the property registered in the land registry, or if the

decided in the matter of the civil status and the applicant has acquired the rights in good faith. In

review cannot review or decision issued under section 97.

The decision of the appellate administrative authority pursuant to § 90 para. 1 (b). (b))

You cannot review, if it was already the case when the new

new decision.



(3) itself can be in the review to examine only the resolution on

the postponement of the case (section 43) and a resolution on the termination of the proceeding (article 66). Other

You can review up to resolution together with the decision in the case, where appropriate, with

by another decision, whose release was preceded by, and only then, if it

be of importance for the compliance of the decision in a case or decision with

legislation or for compensation.



(4) If, after the initiation of the review procedure of administrative authority is to

the conclusion that although the decision was in conflict with the law,

It would have been any injury suffered by his canceling or changing any

the participant, who has acquired rights from the decision in good faith, manifestly

disproportionate to the injury suffered another party or to the public interest,

control stops.



(5) in deciding in the examination procedure, the administrative authority shall conserve

rights acquired in good faith, in particular if the decision

granted contrary to the law (article 97 (3)) or if, from the

When the effects of a decision given in the examination procedure (section 99).



§ 95



(1) the administrative authority of the superior administrative authority that issued the decision,

initiate the review procedure ex officio, if, after the preliminary assessment

the matter comes to the conclusion that it can reasonably be considered that the decision was

granted contrary to the law.



(2) if the review gave rise to a participant may review

control to perform the administrative authority which issued the decision, examined

If fully meet participant who filed a complaint, and if the

cannot be any detriment caused to the other party, unless the

all concerned, agree. Otherwise, it shall transmit the case to the

the implementation of the review procedure the superior administrative authority.



(3) the examination procedure, in which the reviewed decision appeal

administrative authority, you can review the decision issued by an administrative authority

of first instance.



(4) the parties to the review procedure, the parties to the main proceedings, in

which it was issued the decision, to which the review procedure

concerns, or their successors in title.



(5) if there is a serious injury to one of the parties or the public interest,

the competent administrative authority at the commencement or during the course of the review

proceedings to suspend the enforceability of the resolution or other legal effects

the decision under review.



(6) if the decision of the Central Administrative Office, shall be decided in

review the Minister or the head of another central public administration

the Office; the provisions of § 152 paragraph 1. 3 shall apply mutatis mutandis.



§ 96



(1) a resolution on the initiation of the examination procedure shall be issued no later than 2

months from the day on which the competent administrative authority of the reason for the initiation of the

the review procedure the learned but not later than 1 year after the final

the decision in the case.



(2) the compliance of the decision with the legislation shall be assessed in accordance with the legal

the State and the facts at the time of its release. To control defects,

which cannot be reasonably considered that may affect the compliance of the contested

decision with the legislation or on its correctness,

not taken into account. The competent authority shall assess records retention material and by

necessary, shall ensure that the observations of the parties and the administrative authorities, which control

to carry out.



(3) the examination procedure concerning interim measures may not be held then,

What is judgment in the matter has become enforceable, or has other legal

effects or what this decision to be revoked, unless the assessment should

the importance of the compensation.



§ 97



The decision in the review



(1) if the administrative authority after the initiation of the review procedure establishes that the

law was not violated, proceedings by order of stops. The resolution is

only the notes in the file.



(2) the decision in the matter of the review procedures at first instance cannot issue

After the expiration of 15 months from the date of the decision in the case.

If the review procedure, the administrative authority by order of stops.

The resolution will only be mentioned in the files.



(3) decision, which was issued in breach of the laws,

the competent authority shall revoke or amend, where appropriate, be cancelled and the thing returns

the Board of the administrative authority or the administrative authority of first instance; These

the administrative authorities are bound by the legal opinion of the competent administrative

authority.




§ 98



Abbreviated review procedures



If the apparent infringement of a provision of reference material,

the other conditions are met for the review procedure and there is no need

explanation of the participants, the competent administrative authority may perform a short

the review procedure. The taking of evidence is not performed. The first act of the administrative

authority in the shortened review is a decision under section 97

paragraph. 3.



§ 99



The effects of the decision in the review



(1) the effects of the decision in the review there may be backward from the legal

can the enforcement of the decision under review or interim or

legal authority or provisional enforceability of a judgment in review

control. In the decision granting the repeals or amends the decision,

which has been granted in contravention of the law, the administrative authority with the

as regards the content of the reviewed decision shall specify the date from which the encounter

effects.



(2) if the repeals or amends a decision was required to, and

If the circumstances of the case do not justify a different solution, shall designate the administrative authority, that

the effects of the decision in the review occurs after the date of final

enforceability of a decision under review or preliminary.



(3) if the repeals or amends a decision granted the right, and

If the circumstances of the case do not justify a different solution, shall designate the administrative authority, that

the effects of the decision in the review occurs after the date of its legal

authority or preliminary enforceability; However, if it has been examined

decision issued on the basis of incorrect or incomplete data referred to

by the applicant, shall designate the administrative authority, that the effects of the decision in the review

occur from the date of legal authority or provisional enforceability

the decision under review.



TITLE X



RENEWAL OF PROCEEDINGS AND A NEW DECISION



§ 100



Recovery management



(1) proceedings before the administrative authority terminated by a final decision in the

things at the request of the Subscriber restores, if



and) have come to light previously unknown facts or evidence that existed

at the time of the original proceedings and that the participant, which are for the benefit of,

in the main proceedings could not redeem, or made evidence showed

untrue, or



(b)) was revoked or changed the decision, which was the basis of a decision

issued in the proceedings to be resumed,



and if these facts, evidence, or decisions may justify other

solution to the issue, which was the subject of decision making.



(2) a participant may submit a request for a retrial for any administrative

the authority, which in the case, and this within 3 months from the date on which the

recovery management learned, but no later than 3 years from the date of the legal

the decision. Retrial cannot sue the person who could reason

the renewal exercise in appeal proceedings. Of the renewal procedure is decided by the administrative

authority in a case decided in the final stage.



(3) in a three-year period from the decision on the renewal of management from

ex officio decide whether or not the administrative authority which decided the matter in

the final stage, if it is given any of the grounds referred to in paragraph

1, and if the new management of the public interest; by the end of that period

must be a decision on the renewal of proceedings issued.



(4) the renewal of the management of the competent administrative authority ex officio, whether or not

in the case that the decision was reached by the crime. The time limit referred to in

paragraph 3 shall begin to run on the day following the date of acquisition of legal power

the judgment.



(5) shall apply mutatis mutandis to a retrial shall be used the provisions of § 94 paragraph. 4 and 5.



(6) a request for a retrial shall be granted suspensive effect, if there is

serious injury to the participant or to the public interest. The decision, which was to

the proceedings resumed, shall have suspensive effect, if the contested decision was not

not yet done, unless the Governing Body decision in a suspensory effect

excluded for the reasons referred to in § 85 para. 2 or unless the enforceability of

or other effects of the decision have already disappeared under a special law.

A decision rejecting a request for a retrial, to announce only

to the applicant; He may lodge an appeal against it.



§ 101



The new decision



Perform a new procedure and issue a new decision in the case may be, if



and when it's necessary) procedure pursuant to § 41 para. 6, second sentence,



(b)) a new decision will be granted a request that has been finally

rejected,



(c)) the new decision for serious reasons or subsequently changes the time

the validity or effectiveness of the decision or a deadline to comply with the obligations

or additionally enables filling in instalments or by instalments;

shortening of the period of validity or effectiveness of the decision or of the period to

the obligation is only possible, if provided for in the law, this option



(d)) decision in the case was canceled by another public authority in accordance with

a special law, or



(e) a special law so provides).



§ 102



Common provisions



(1) to the new management after the decision was made to renew the proceedings or to

the new procedure under § 101 is a competent administrative authority which has been

appropriate to the original proceedings in the first instance. The Board of the administrative authority

When the proceedings resumed, for reasons concerning

exclusively to the proceedings before the administrative authority.



(2) the question of who is a participant in the new management to be judged according

the legal situation and the facts at the time of the new control.



(3) the new procedure under § 101 can be initiated at the request and in the case that

the original procedure was initiated ex officio, and vice versa. Applications may be made

any of the parties to the main proceedings, or his legal successor for the

provided that the initial decision directly affected.



(4) If a participant does not justify the initiation of a proceeding,

the administrative authority shall decide the resolution on the procedure stops. The resolution of the

shall be notified to the applicant and only those persons against which the governing body has already

did the Act.



(5) in the new proceedings pursuant to § 101 can be used with effects from the start of a new procedure

or in the course of a new procedure to suspend the enforceability or other legal

effects of the original decision. If so state at the request of the participant,

shall be used, mutatis mutandis, the provisions of § 95 para. 4 and 5.



(6) in the new procedure, the administrative authority shall make use of the documents of the original

decision, including a decision on the appeal documents, if it does not exclude

the reason for the new control. The legal opinion of the appellate administrative authority is for

administrative authority conducting the new proceedings, if this binding legal

the view of the influence of changes in the legal status or of the facts does not become

superfluous.



(7) in the new management of the administrative authority of the saving of rights acquired in good faith.



(8) in paragraphs 1 to 7, the proceed unless otherwise specified in the new

the proceedings follow the provisions for proceedings at first instance.



(9) the new decision issued pursuant to § 100 or § 101 (a). and)

the original decision to lapse; about this effect, participants will be instructed in the

a written copy of the judgment; the provisions of § 99 shall apply mutatis mutandis. In

other cases, the new decision prevents the enforceability or other

the legal effects of the original decision; If the effects of the new

the decision obvious from its content, will determine the effect on the enforceability or other

the legal effects of the original decision of the administrative authority.



TITLE XI



EXECUTION



Part 1



Introductory provisions



§ 103



(1) pursuant to the provisions of this title, if the person to whom it was

enforcement to monetary or in kind, to

(hereinafter referred to as the "debtor"), within a determined period voluntarily fails to fulfil this obligation.



(2) Enforcement by an administrative authority is the administrative authority, which is referred to in this

or special Act entitled to execution.



§ 104



Enforcement, based on which the enforcement challenge is issued or

an enforcement order is



a) enforceable decision referred to in section 74, or



b) enforceable settlement referred to in § 141 para. 8.



§ 105



(1) an enforcement order for the enforcement of the administrative authority applied



and) the administrative authority which issued the decision in the first instance or who

approved the settlement, or



b) beneficiary of the enforcement order.



(2) the administrative authority referred to in paragraph 1 (b). and) or a person authorized from

enforcement order certificate may apply for faggots court or

the bailiff.



Part 2



Execution on financial performance



Section 106



(1) Enforcement by an administrative authority, at the request of the administrative authority

referred to in § 105 para. 1 (b). and) or beneficiaries of the enforcement

the title performs the execution of the financial performance of, the general tax

territorial jurisdiction by a special Act, unless otherwise provided by law, that the

enforcement by an administrative authority is the administrative authority referred to in § 105 para. 1

(a). ^ 30).)



(2) municipal office or regional office enforcement by an administrative authority if

If at the same time by the Administration referred to in § 105 para. 1 (b). and) or

If such an administrative authority to another body of the local government unit.

At the request of local authority performs the execution of the general tax locally

jurisdiction by a special Act.



(3) For enforcement, collecting and recording of cash transactions will apply

the procedure for the administration of taxes.



Part 3



Execution on non-monetary transactions



Section 1



General provisions



§ 107



The jurisdiction of the




(1) Enforcement by an administrative authority responsible for enforcement of the non-pecuniary

performance is the administrative authority referred to in § 105 para. 1 (b). and if), is the authority of the

Executive. Municipal Office or regional office enforcement administrative

authority, if it is at the same time by the Administration referred to in § 105 para. 1 (b).

and) or if such an administrative authority to another body of the territorial

Government unit.



(2) on the request of another administrative authority referred to in § 105 para. 1 (b).

and execution of the local authority) will make the municipalities with extended competence, in whose

administrative district is the administrative authority is established.



section 108



Right to enforce non-pecuniary obligation



(1) against another than against the enforcement order has been saved

the obligation in kind, and is listed in the enforcement order may

enforcement administrative authority to issue enforcement challenge or require the execution and in the

ordered the execution to proceed only if it is shown that it

passed or been converted non-pecuniary obligation.



(2) Transition or transfer of non-monetary obligations or rights may be established only

the Charter issued by an administrative authority, a notary or certified by a court or

the competent authority under a special legal regulation, ^ 31)

non-monetary obligations or rights of the transition did not result directly from legal

prescription.



(3) if the debtor after distraint died or disappeared, it may

enforcement of administrative authority in the implementation of enforcement relating to assets

belonging to the heritage continue against his lawful heirs or

representatives or administrators of the inheritance, if specified. In the case of the extinction of the legal

a person may, in the execution of enforceable administrative authority to proceed against its

legal successors.



(4) Enforcement enforcement order the administrative authority may, not later than 5 years, and

make it not later than 10 years after the obligation should be fulfilled

on a voluntary basis.



section 109



The enforcement challenge



(1) there is a serious danger that the purpose of the execution will be thwarted, can

enforcement administrative authority prior to the execution debtor to prompt regulation

meet the challenge and any consideration other than the enforcement of the obligation to identify his replacement

the period within which it is to be met.



(2) the enforcement challenge is issued by the resolution, which in addition to

referred to in section 68 provides



enforcement order certificate) which is issued,



(b) non-monetary obligations) definition, which is to be fulfilled, the particulars of the

the original time limit, which should be non-pecuniary obligation is fulfilled, and the date of

which data are listed in the enforcement challenge



(c) the) determination of the replacement period in which non-pecuniary obligation is to be fulfilled, and



d) warning that if non-pecuniary obligation is not fulfilled within a specified

the replacement period, the bailiff's administrative authority after the expiry of this period

orders execution.



(3) Against the enforcement challenge cannot be appealed.



§ 110



Distraint



Enforcement orders the execution of the administrative authority issuing the order execution



a) ex officio, if the competent enforcement by an administrative authority;

While not applicable period provided for in § 80 para. 2,



(b)), at the request of the person entitled of the enforcement order, or



c) at the request of the administrative authority pursuant to § 107 para. 2.



§ 111



An enforcement order



(1) an enforcement order is a resolution which in addition to requirements referred to in §

68 contains



enforcement order certificate) which is issued,



(b) non-monetary obligations) definition, which is to be met,



(c)) the way in which the seizure is made,



(d)) things and rights to be affected by foreclosures, and



(e)), additional data if it is needed to carry out the execution.



(2) an enforcement order shall be notified to the debtor, and other persons from the

order execution of obligations or rights.



(3) Against enforcement cannot be appealed.



§ 112



Ways to perform a execution



Execution for the recovery of non-monetary obligations shall be governed by the nature of the stored

obligations. It can be ordered and performed in the following ways:



and in the case of the replacement exercise) fungible filling,



(b)) in the case of a direct enforcement of priceless performance, in particular

clearing out, removing the movable assets and deliver, or



(c) the storage of coercive fines).



§ 113



The postponement and interruption of the execution



(1) for serious reasons may defer the enforcement of administrative authority by order

or discontinue the faggots, if requested, in particular, required about waiting

performance of an obligation, and if his behavior have reasonably considered that meet

its obligation at the latest at the same time as it can be done

execution, and there is no danger that the purpose of the execution will be thwarted, or without

request, save where the facts applicable to stop the execution.

Enforcement of administrative authority shall do so also, if provided for in the law. In the case of

necessary, the administrative authority shall seek the cooperation of who about the postponement or

interrupt execution. Against the order issued pursuant to this

paragraph cannot be appealed.



(2) if the reasons which led to the postponement or interruption of the execution, and

in the absence of a request to stop, it continues execution administrative authority in

seizure under section 65 paragraph 1. 2.



section 114



(1) when the authorized official person execution mandate shows

on the basis of which the order execution progresses.



(2) everyone shall be required to an authorized official person referred to in paragraph 1

allow access to the places where it is necessary to carry out the execution.



section 115



Stopping execution



Enforcement administrative authority carried out the execution on request or ex officio.

the resolution, which cannot be appealed, will stop, if



and after distraint) obligation to lapse, the



(b)) after distraint has been terminated the right to perform the execution or was cancelled

enforcement order that is the basis for execution



(c)) on the stop the execution he asked because, at whose request under section 110 (a).

(b)), and (c)), the execution has been ordered,



(d)) the progress of the execution shows that its continuation has been associated with

extraordinary or nepoměrnými difficulties



(e)) it is found that the execution was ordered for the recovery of non-existent

the obligation or to a non-existent principal,



f) faggots is unacceptable, because before the regulation enforcement

There is a reason for which it was not possible to perform a execution, or



g) is inadmissible, since the implementation of the execution after the regulation came

Another reason arising out of such a law, or State of affairs, for which the

You cannot perform a execution.



§ 116



Enforcement costs



(1) the bailiff's costs are paid by the debtor, if the execution is not stopped

under section 115 (a). e) or (f)).



(2) if the execution is stopped under section 115 paragraph. 1 (b). (c)), is required to

enforcement costs to replace the one who asked about the stop the execution.



(3) the refund of the costs of enforcement consists in the payment of a lump sum in the amount of

2 000 CZK and the reimbursement of cash expenses incurred in carrying out the execution.

The obligation to reimburse the costs of execution enforcement administrative authority decision

saves to the debtor. A deposit is paid by the cash outlays from its budget

enforcement administrative authority.



(4) the debtor shall be borne by the enforcement costs for the performance of the execution, if it was always

issued an enforcement order or if the attachment by removing the movable assets

the authorized official person has undertaken to remove things or in connection

the direct forcing proceeded to eviction.



(5) if some enforcement operations are carried out jointly against more

mandatory, enforceable administrative authority lays out compensation in case of

the costs in proportion to the extent of obligations attributable to the recovered

each required.



(6) Enforcement costs collected and their execution carried out under a special

the law ^ 27) an enforcement authority which their compensation order.



§ 117



Objections



(1) the resolution or other enforcement of an administrative authority,

against which cannot be appealed, the debtor or any other person, which of the

This Act implies the obligation to file the opposition.



(2) an objection may be made if the resolution was no longer enforced or another

operation is carried out.



(3) Objections have suspensory effect, just



and if) against the resolution, which has been delayed or interrupted

execution,



(b) if) against enforcement, which was mandated by the execution

clearing out,



(c)) against the resolution, which has stopped the execution,



(d)) apply to any of the grounds referred to in paragraph 115 (a). a), b), (e)),

f) or (g)), or



(e)) if it decides about the enforcement for serious reasons of administrative authority.



(4) enforcement of objections shall be decided by the administrative authority. The decision on the

objections cannot be appealed.



§ 118



Common provisions



(1) the procedure under this part shall apply mutatis mutandis the provisions of part

the first and, mutatis mutandis, the provisions of titles I to X of this part.



(2) a participant pursuant to § 27 para. 1, the procedure under this part

means required.



(3) the procedure under this part cannot be waived by default. Cannot be

or procedure, or to issue a new decision.



Section 2



Execution by performing the replacement performance



§ 119



(1) If an enforcement order Stores that made him a mandatory

work or performance, which can be done even by someone other than the debtor, it shall issue

enforcement an enforcement order the administrative authority, on whose basis by performing

the works or performances shall assign to another person, if she agrees; work

or performances shall be carried out at the expense and risk of the debtor.



(2) in the mandate executory administrative authority shall define the work or performance,


that should make mandatory and enforceable title whose execution

shall be entrusted to another person.



(3) if in connection with the execution of the need for relocation

building materials or things outside of the premises or land of the statutory and

If not required in the implementation of the execution, in writing, that these things

left ^ 32) is the administrative authority responsible for ensuring the enforcement of storage

these things for 6 months and to inform the debtor about this fact

and about the possibility of these things take. The debtor is obliged to pay the cost of

storage. If the debtor does not pick these things within that period,

fall into State ownership; If the execution of the authority of the territorial

Government body, fall into the possession of this land use

Government unit. If required, these things left,

fall into the possession of the State. Any liquidation shall be carried out on

the cost of the debtor.



(4) an enforcement authority may, by resolution of the Board to the debtor to save him

the necessary costs or advance them in the amount paid in advance in

the specified time limit which shall be not less than 8 days from the date of acquisition of legal

the power of resolution; the next steps in the implementation of the execution is not affected.



Section 3



Direct execution by forcing



§ 120



Direct enforcement of the obligations shall be carried out in particular the clearing out of real estate,

construction, apartment, room or other premises (hereinafter referred to as the "object")

by removing the movable or demonstration.



The eviction



§ 121



(1) If an enforcement order Stores to a mandatory object cleared the enforcement

the administrative authority shall issue an enforcement order and execution. Execution of the administrative

authority shall inform the debtor at least 5 days in advance of when it will be vacating

carried out. Also inform the municipality in whose territory the vyklízený

the object is located. Act of eviction is carried out in the presence of invited persons

(section 128).



(2) If an enforcement order Stores vacating the object that is in this

State that immediately threatens the life or health of persons, ^ 33) may

the authorized official person, if it cannot be otherwise, because of time constraints, to deliver

an enforcement order to the debtor until the faggots. If it is not required

evacuation of the present Act, deliver to him an enforcement order, together with the

the Protocol on the eviction.



§ 122



(1) if the authorized official person when vacating the object that

evacuation of the object refers to a person whose state of health might be

performing clearance severely compromised, not faggots.

If a certificate is not a doctor or if there is doubt as to the correctness of the

such confirmation, the legitimate office holder will require the expression of vocational

doctor.



(2) if the object or its part in such a condition that it immediately

threatening the life or health of the people, will carry out the enforcement authority

always the eviction.



§ 123



(1) Execution shall be carried out by authorized official person from vyklizovaného

object



and movable goods belonging to) deletes the principal and members of his

households, as well as movable property that belongs to someone else, but

with the consent of the debtor are located in the vyklizovaném object, and



(b) the entity shall recognise the principal and all), who is there to present on the basis of law

principal.



(2) Chattels stuff deleted from vyklizovaného deposited object

the debtor, or any of the surviving members of his household.



§ 124



(1) if there is no evacuation of the present no one who could take over movable property,

or if acceptance is rejected, sepíší things, and can be at the expense of

the debtor into custody or other appropriate depositories village with its

the consent. Execution of the administrative authority shall inform the debtor, who were

its movable assets put into custody, and about the possibility of these things take.



(2) if the debtor does not collect the movable property in depositories within 6 months from the date

the date on which they were stored, he sells is executory administrative authority according to

the provisions for the sale of chattels by a special Act. ^ 35)



(3) the proceeds of the sale shall be paid to the debtor after enforcement of administrative authority

the collision cost escrow, cash expenses incurred on the sale of movable property

things and lump-sum cost of sales; lump-sum cost of sales

make $ 200. If the debtor refuses to take the rest of the proceeds in writing,

the rest becomes the proceeds of State budget revenue; If the execution is carried out

authority of the territorial self, the rest becomes the proceeds of income

the budget of the local government unit. If it returns the rest of the

the proceeds as undeliverable or it cannot be delivered for some other reason,

in particular, if there is no known place of domicile of the debtor becomes the rest of the

of the proceeds, if it required logs up to 3 years from the sale of movable property

things, the State budget revenue; If the execution of the authority of the territorial

Government body, it becomes the rest of the budget income of the proceeds of this

spatial samosprávnému of the whole.



(4) movable goods that are not sold, State. The refusal of the

depository of movable property to take, State; If the execution is carried out

authority of the local government unit, fall into the possession of this

territorial self-governing unit. Any liquidation shall be carried out at the expense of

principal.



Removal of movable property



section 125



(1) If an enforcement order imposes on debtor issued or he added movable thing,

enforcement administrative authority shall issue an enforcement order to perform a execution

by removing the movable property, in which explicitly specifies the movable thing or things

to be removed. The authorized official person removes this movable

thing or the person who has it, and commits it who you want

be committed; If it is not to surrender, the enforcement of the administrative authority shall ensure

its proper storage at the expense of the debtor. It follows mutatis mutandis the

under section 124.



(2) an enforcement order to the debtor authorized official person delivers to the

removing the movable property. If it is not mandatory to remove the movable assets present,

He delivers an enforcement order, together with the Protocol on the removal of movable property.

Proceed with the compulsory enforcement of administrative authority on an upcoming execution

before the authorized official person to come to the place of removal. If

subject to distraint movable thing, that it is conducted in the statutory

Register, serves an enforcement order and the person who leads this register.



(3) if the use of movable property to be subscribed to the Charter, it removes the

the debtor together with the removed item of movable things and this Charter.



(4) if the authorized official person movable thing as compulsory, establishes

asking where the movable thing is, or what happened to her. If it is not

the debtor or the person who has a movable thing, which is to be removed, willing to

movable thing, it shall invite the office holder to the communication entitled reasons.



(5) for the removal of movable goods draws up the official person authorized, log in

indicating in particular



indications movable) collected from the debtor or other person who is

willing to release it, and if things more, their exact list, or

data on their number, extent and weight,



(b) the statutory representation of it), where the movable thing is, where appropriate, that

required to provide an explanation of the denied,



(c)) the fact that the debtor or a person who has a movable thing, is not

willing to release it, the reasons for the refusal of issue or deny

give the reasons.



§ 126



Personal tour and a tour of the apartment and other rooms



(1) the authorized official person is required when you remove the movable assets shall be obliged to

allow access to all sites where it could be subscribed movable thing

reside.



(2) if required by the purpose of the implementation of the execution, the official person is justified

allowed to make a personal inspection tour of the dwelling (principal and registered office,

place of business) and other rooms of the statutory, as well as his Cabinet, or

other mailboxes that reside in them, in which, according to reasonable

the assumption of a moveable thing, already has a mandatory issue; to that end,

the authorized official person authorized to ordain to the apartment of the debtor or to

other room access, or closed cabinets or other

the Clipboard open.



(3) each, in which the object has a compulsory apartment (registered office, place of business) or

other rooms or spaces, is obliged to allow an authorized official person

make a tour of the apartment and other rooms or space in which the

required your stuff. If you fail to comply with this obligation is justified by the official person

authorised to ordain to access.



(4) If a movable thing that is taken at another person, when prompted

the enforcement of the administrative authority is the person required to this thing.



(5) if there is reason to suspect that the debtor or other person with you hiding

movable thing, and if prompted to issue a ukrývanou thing of no, may

authorized official person to perform a personal tour.



(6) when carrying out proceed particularly carefully, particularly with regard to

for a personal tour. Personal inspection is performed by a person of the same sex.

Personal examination may be at the request of, against which is a tour

carried out, only in the presence of invited persons (section 128). When

implementation of personal inspection shall apply mutatis mutandis to the provisions of the Special

legislation. ^ 36)



(7) the Authorized official person shall take measures to remove movable

necessary to achieve the purpose of execution. Persons who, in spite of the rough way


her challenge to the maintenance of order repealing the Act, the authorized official

a person may report from the point of the implementation of the Act.



Demonstration of the



§ 127



When you perform a execution by showing that an enforcement order is served by the authorities,

to demonstrate to perform; § 60 para. the last sentence and paragraph. 2, the

apply, mutatis mutandis.



Participation of persons



§ 128



The administrative authority may, to participate in the implementation of direct execution by forcing

invite an impartial person to ensure their presence in the implementation

of a particular Act. These persons do not have the rights or obligations of participants.



Section 4



Execution by caching the coercive fines



§ 129



(1) if it cannot be or is not appropriate to carry out the execution of substitute performance

or direct forcing, with the obligation to recover the gradual storing

enforcement of fines in the amount of the cost of replacement power, and if you cannot

the replacement exercise performed up to 100 000 CZK. Enforcement of administrative authority

saves the compulsory enforcement penalty decision, at which he will determine that it

paid within a period of not less than 15 days from the date of acquisition of legal power.



(2) the Fines collected and their execution carried out by a special Act ^ 27)

an enforcement authority which is saved. The amount of the fine, the execution of the administrative

authority shall determine, having regard to the nature of the easement. Income from fines is

the budget from which the income is paid to the enforcement of the administrative activity

the authority which imposed the fine. By paying fines to mandatory does not release

liability for damage.



PART THREE



SPECIAL PROVISIONS ON ADMINISTRATIVE PROCEDURE



TITLE I OF THE



SPECIAL PROVISIONS FOR ADMINISTRATIONS



§ 130



The jurisdiction of the authority of public corporations or other legal entities



(1) if provided for in the law, these proceedings carried out territorial self-governing unit, without

indicate that its authority is competent to act, it is that authority in

the case of the regional authority of the County and in the case of the village municipal office.



(2) if provided for in the law, the control performs other public corporation,

without specifying who the authority is competent to act, performs control

its executive body with a general scope.



(3) if provided for in the law, the control performs the other legal person, without

determined that her authority is competent to act, it is that authority, its

the statutory body ^ 37) by a special Act or authority or

employee authorized by him; the credentials must be in writing and must be notified to the

the Administrative Department. For the entrepreneurial natural persons, this provision applies

adequately.



Changes to the nationality



§ 131



(1) a superior administrative authority may, on the initiative of the competent administrative authority

or at the request of a participant to take the place of the child by order of the thing

the administrative authority and to decide as the administrative authority of lower instance



and if) concerns the management of issues that can be due to their exceptional

difficulty or anomalies are found to solve only using special professional

knowledge,



(b)) if it is a control with a large number of participants (section 144), or



(c)) for things for which it may be reasonably considered that significantly affects the legal

ratios of participants in the administrative districts of the more subordinate administrative

authorities.



(2) the superior administrative authority may by resolution delegate to the discussion and

the decision of the case another subordinate, in substance, the administrative authority in your

administrative district, and on the initiative of the administrative authority, which could be

under this paragraph, tasked with discussing and deciding the matter, or

upon request of the participant



and the things u) which can be reasonably deemed to affect legal relations

the parties to proceedings in the District of pověřovaného administrative authority significantly larger

extent than in the perimeter of the competent administrative authority, or



(b)) for the purpose of connecting different proceedings in the common proceedings (section 140),

to ensure the necessary continuity of the material match or a decision.



(3) the provisions of paragraphs 1 and 2 shall not apply to the authorities of the territorial

authorities in the performance of their individual competence.



(4) the Superior administrative authority entrusts the resolution for discussion and decision

things different, in substance, the competent administrative authority of the child in its administrative

the circuit, if the child of the administrative authority is not due to the exclusion of all

the official persons (§ 14) of that authority or of the members of the authority which decides

in the choir (hereinafter referred to as "collegial organ"), eligible case and

decide; in this case, the superior administrative authority shall assign to the administrative

the authority in whose constituency borders the administrative circuit incapacitated

administrative authority.



(5) the competent administrative authority may refer the matter to the resolution because of the

suitability in other cases. Advancing the administrative authority is required to

request the prior approval of the administrative authority to which the matter is to be

referred to the. The prior consent is not required in cases where the applicant has

in the territorial jurisdiction of the administrative authority to which the matter is to be referred to, in place of

permanent residence or registered office, or in the designated

resides. In proceedings for the application of this provision shall apply only to

request or with the consent of the applicant.



(6) when changing the jurisdiction of the administrative authorities shall ensure that they

only in duly justified cases and, if possible,

nezatěžovalo the participants more than if they had to change nationality.



(7) changes to the jurisdiction referred to in paragraph 1 and paragraph 2 (a). and)

be notified to the public by Decree and the participants about them in an appropriate manner

notify. In other cases, you can change the nationality to notify the public

the Decree, if it considers that the administrative authority thinks fit. In the case that there has been

to the complaint, or to request a change of jurisdiction under paragraph 1 or 2,

but a change of jurisdiction does not occur, it will be notified to the one who gave the

changing the jurisdiction of complaint or asked for it.



§ 132



Changes in the course of proceedings, the circumstances relevant for the determination of the local

jurisdiction or substantive jurisdiction as to the level and unless the law

otherwise, complete management of the administrative authority responsible; It shall inform the

administrative authority to which it would otherwise have jurisdiction.



Disputes on jurisdiction



§ 133



(1) If no jurisdiction in the area of State administration

determine on the basis of a special law, performs the procedure at first instance

the Central Administrative Office for the scope of the rozhodovaná thing belongs,

where appropriate, the central administrative authority, whose scope is decided by the

the closest things.



(2) If several administrative bodies for the relevant to the proceedings in the

the same things are required to promptly notify the closest to it together

superior administrative department, that their dispute. The absence of a

administrative authorities together superior administrative body, to discuss a dispute over

the jurisdiction of the central administrative offices, which are nadřízeny the following administrative

authorities. In the case of a dispute about the jurisdiction between the central administrative authorities,

the procedure is directly referred to in paragraph 3.



(3) the central administrative authorities are obliged to discuss the dispute in conciliation

procedure, which is instituted from the date on which the design of the first of them will

the last. If there is no agreement within 15 days of the initiation of the conciliation

control, there is a competency dispute between central administrative authorities; their

the obligations in this case without delay to bring an action to the Supreme

Administrative Court.



(4) if there is no administrative authority not considered competent to perform

control, the one who would be its participant, or the administrative authority to submit

action in the courts. ^ 38)



(5) the provisions of paragraphs 1 to 4 do not apply to disputes of territorial

authorities in the exercise of individual and territorial disputes

authorities in the performance of a separate scope with other administrative

authorities.



(6) for determining jurisdiction under paragraph 1 or the duration of the dispute

in accordance with paragraphs 2 to 4 are not running periods relating to the implementation of operations in the

control.



Proceedings before a Committee authority



§ 134



(1) unless otherwise provided by special law to the contrary, leads the proceedings before the Committee

authority of the Chairman or President, or member of the

authority of the Act (hereinafter referred to as "the Chairman"). The resolution, with the exception of the resolution on the

whether a person is or is not a participant and a resolution on the termination of the proceeding,

as well as an act that is not a decision of the President, performs separately.

Collegial authority, after consultation, is decided by a vote. Unless special

the law provides otherwise, when the deliberations and the vote may be attended only by members

a peer-review body and the person who is in charge of drafting the Protocol,

If it did not list any of the members. Each Member of a peer-review body

is entitled to when consultation before opening the vote to submit a proposal on the resolution

a peer-review body.



(2) the Collegial authority is competent to pass resolutions, if present

an absolute majority of its component members; the resolution of the peer-review body is

adopted by an absolute majority of the votes of the members present.



(3) voting governed by the President. Members vote individually, the President of the

the vote for the last time. If the vote more than 7 members, members can

to vote at the same time. Protocol on a peer-review body voting sign

all present members and the person who was responsible for drafting the

of the Protocol; When the inspection of a file (§ 38) is out of the question of access to the


of this Protocol.



(4) the objection procedure pursuant to § 14 para. 2 collegiate authority shall make an order

as a whole, however, cannot vote because his member against which the objection

is going. If it is not collegial authority shall decide the procedure is

Similarly, pursuant to § 14 para. 4 the third sentence.



(5) the authority shall act as a collegial rules of procedure, which shall lay down the

the details of the negotiations, a peer-review body.



The synergy of the police of the Czech Republic in the implementation of the acts of the administrative authority



§ 135



If there is a risk that someone will attempt to obstruct or frustrate the implementation of the Act

administrative authority, or where there is a danger to persons or property, the

the administrative authority may request the police of the Czech Republic on the synergy of its

Members in the implementation of their task.



TITLE II



THE AUTHORITIES CONCERNED



§ 136



(1) the institutions concerned are



a) authorities provided for by special law, and



(b)), the administrative authorities and other public authorities competent to issue

binding opinions (section 149 (1)) or observations, which is the basis of

decision of the administrative authority.



(2) the position of the authorities concerned have territorial self-governing units, if

the case concerns the right to territorial self government.



(3) the authorities concerned provide the Administrative Department, who leads the proceedings,

all information relevant to the proceedings, if not the obligation breached

by a special Act.



(4) the authorities concerned have in connection with the assessment of the question whether to initiate

proceedings of the ongoing proceedings or with the exercise of the right of access to the surveillance

the file and the right to receive a copy of the materials forming part of the file, if they are

for the performance of their responsibilities. Other supporting documents for the issuance of

the decision of the authorities concerned expressed, if necessary for the performance of their

or if it's reserved. The authorities concerned have the right to

rise to the initiation of the review procedure.



(5) the administrative control authority, and the authorities concerned may, within the limits

its scope to do common tasks, with the exception of the decision,

and it may be in the proceedings before the administrative authority used the results of the

the Act of the authority concerned, if the administrative authority and the authority concerned

agree and if the parties cannot be caused by physical injury

their rights.



(6) in the resolution of conflicts between the Administration, which leads to the proceedings, and

administrative authorities are the institutions concerned, as well as between the

authorities, concerning the solution to the issue that is the subject

deciding to proceed reasonably under the dispute settlement provisions of the

affiliation with the fact that in the case of non-results of the conciliation procedure must

the message on the course together with the proposals of each of the Central

administrative offices to the central administrative authority, on whose design was

the conciliation proceedings are initiated, without undue delay, submitted to the solution

the Government. The provisions of this paragraph shall not apply to the resolution of conflicts with

territorial self-governing units, if the case concerns the right of land use

Government unit of self-government. The provisions of § 133 paragraph 2. 6, the

by analogy.



TITLE III



SPECIAL PROVISIONS ON THE PROCEDURE BEFORE THE PROCEEDINGS



§ 137



An explanation of the



(1) the examination of the notification, the other incentives and own findings that

could be a reason to initiate proceedings ex officio, provides administrative

authority the necessary explanation. The administrative authority also provides an explanation of the

necessary to specify the envisaged scope of documents for decision

If provided for by a special law. The explanation may require only

If you cannot find any other official of the operative procedure. When

procurement of explanation used shall apply mutatis mutandis the provisions of summons (section 59) and

demonstration (section 60). An explanation of the similarly denied what for

denial of participation in the taking of evidence and the prohibition on questioning.



(2) everyone shall be obliged to submit an explanation of the administrative authority referred to in paragraph

1. A person who unreasonably refuses to give an explanation, the administrative authority

impose a fine (section 62) of up to $ 500.



(3) on filing an explanation shall be recorded in a record that contains information

allowing the identification of the person who communicated the fact, referred to in section 18

paragraph. 2 Summary of the facts at issue, date, name, surname,

function or business number and signature of the authorized official persons.



(4) a record of the submission of the explanation cannot be used as evidence.



§ 138



The securing of evidence



(1) before proceedings can be ex officio or at the request of the person who

He was a participant, to provide evidence if reasonable concern that later

It will not be possible at all, or only with great difficulty, and if it can be

reasonably be expected that the implementation of this evidence can substantially

affect the solution to the issue, which will be the subject of decisions. To ensure

the administrative authority shall issue the evidence of the resolution, which shall be notified to the persons covered by the

directly concerns. If there is a risk of delay, you can notify the resolution and

Additionally, with the exception of the notification to persons who must in the implementation of the Act

to provide personal assistance.



(2) to ensure that the proof of the administrative authority which would be

jurisdiction or administrative authority within whose jurisdiction is affected

means of proof. When evidence must be present one who

may be authorized by the official responsible.



(3) if there is no risk of default, have those who were participants and

the administrative authority are known, or their representatives or agents the right to

be present at the securing of evidence and comment on it; about the administrative

authority shall notify the.



(4) on the securing of evidence is in charge of the Protocol. Evidence to this

the Protocol shall be governed by the provisions of § 53 para. 6. If you cannot arrange itself

the Charter, a copy of which the administrative authority shall affix a verification

clause. If it is to be ensured evidence expert opinion, the procedure before the

the initiation of proceedings is limited to the provision of an expert, the expert opinion

will be read, where appropriate, the expert be heard during the proceedings.



§ 139



Preliminary information



(1) if provided for by a special law, each can claim from the administrative

the authority which is competent to issue a decision or contingent upon the Act to

his writing has provided preliminary information on how



and whether a specific intention) to take place only if the decision

or podmiňujícího of the Act, and



(b)) according to which aspects will be assessed for issuing a decision or

podmiňujícího of the Act, where appropriate, under what assumptions can request

to comply with the.



(2) preliminary information cannot cover the solution to the issue, which

It is not for the administrative authority to decide (section 57 (1)). If the applicant

preliminary information does not remove the alleged defects in its administration, administrative

preliminary information without further authority.



(3) in the same case can be a prior information request only once.

Preliminary information may be required even after the initiation of the proceeding.



(4) the period of validity of the advance information can be an administrative authority

limited. Preliminary information ceases to be valid, if you got to the contrary

with the law, which took effect after its release, or

If there has been a change in circumstances decisive for its contents. Preliminary

information is void if it was issued on the basis of data

false, incomplete, distorted or zatajených by the applicant.



TITLE IV



SPECIAL PROVISIONS RELATING TO CERTAIN PROCEDURES



§ 140



Common control



(1) the administrative authority may, at the request of a participant or ex officio

join the various proceedings, resolution of which has jurisdiction if they are related

same subject matter of the proceedings or otherwise factually related, or they concern

the same participants, unless the nature of the case, the purpose of the proceedings or the protection of

rights or legitimate interests of the participants. Join proceedings can be even during the

management, provided that that this does not harm any of the

participants.



(2) the administrative authority shall keep the joint control and the joint request more

applicants or joint application relating to the same subject-matter of the proceedings or

other factually related issues. Joint management includes release

podmiňujícího of the Act, to which the administrative authority.



(3) to expedite the proceedings or another important reason, you can control the

individual questions by order exclude from the joint management and

decide about them separately.



(4) the resolution referred to in paragraphs 1 and 3 shall only be mentioned in the files.



(5) in the common proceedings is determined by one file. If, during a proceeding to

joinder, shall establish a common file, whose contents are whether or not the writings of

things that have been joined together. In the file, which is based in the proceedings

was excluded from the joint management referred to in paragraph 3, include a copy of

all parts of the file of the common control, where it relates to the questions

the control leads.



(6) the question of who is a participant for the purposes of the application of section 27 para. 1 in the

joint control assessed by, as if the proceedings were held separately.



(7) in the joint management of the joint decision shall be issued. If they are to

review of the statements of the joint decision in appeal proceedings the competent


various appeals issued by the administrative authorities, the more decisions, each of which

includes statements, which is the only court of appeal review

the administrative authority. If statements by such joint decision

makes, the appeal against the decision with the podmiňujícím verdict suspensory

the effect of the decision with the downstream. If it has been

challenged both of these appeals the decision and if the matter cannot be dealt with under section

87, the administrative authority of first instance appeal proceedings against the decision with the

the follow-up statement breaks until the end of the proceedings on the appeal against the

decision with podmiňujícím statement; the provisions of § 57 para. 3 apply

by analogy. If the decision has been contested only by reference to the

podmiňujícím statement, it shall take a decision with a subsequent statement legal

can the date of the decision on the appeal against the decision with the

podmiňujícím statement; cancellation or amendment of the decision with the podmiňujícím

the statement, however, is the reason for retrial.



§ 141



Contested proceedings



(1) In contentious proceedings the administrative authority resolves disputes arising from public contracts

(part five), and in the cases provided for by special laws, disputes

resulting from the civil, labour, family, or business

relationships.



(2) the disputed procedure is initiated upon the proposal.



(3) the appellant and the respondent are Parties. The petitioner and respondent have

position of the parties in accordance with § 27 para. 1. As the interveners with

can sign up people that have an interest in the outcome of the proceedings; These persons

have the status of parties to proceedings under § 27 para. 2, their appeal

against the decision in the case, however, is permissible only if the

dismissed claimant or respondent.



(4) in the contested proceedings is based on the administrative body of evidence that have been

participants suggested. If the proposed evidence is not sufficient to determine the status

case, the administrative authority shall perform and other evidence. If it does not identify the participants

the evidence needed to prove their claim is based on the administrative authority when

the State of affairs of the discovery of evidence that have been made. The administrative authority

It may also take their findings of the same parties.



(5) pursuant to § 64 para. 2 in the adversarial procedure shall proceed only if the

If both the applicant and the respondent suggests.



(6) in the contested proceedings, the administrative authority questioned,

If dokazovanou the fact you cannot prove otherwise. The provisions on the

hearing of a witness shall apply mutatis mutandis.



(7) by decision of the administrative authority in contentious proceedings the proposal entirely, or

in part, or to reject, as appropriate, in the remaining part will be rejected.



(8) in the contested proceedings, the parties to conclude a settlement, which is subject to

approval of the administrative authority. Administrative authority to approve a settlement, if

is not contrary to the legislation or to the public interest.



(9) In contentious proceedings the appellate administrative authority reviewing the contested

the decision only to the extent of the objections referred to in the appeal.



(10) If, in the decision procedure was a provisional measure repealed or

lost its effectiveness for any reason other than because it was a suggestion,

or, therefore, that the right of the participant to whose request was a preliminary

the measures ordered, has been satisfied, the party at whose request was

interim measures ordered shall be obliged to replace the injury, to whom

a provisional measure. Shall decide on the request of the administrative authority

who ordered the interim measures.



(11) in the contested proceedings, the administrative authority shall grant the participant in

things full of success, reimbursement of the costs necessary to the effective application of the

or defence of a right against a participant in that case did not.

If a participant in a matter of only a partial success, the administrative authority shall pay the

the cost fairly split, or decide that none of the parties

does not have to pay the costs of the right. Even though he had only been unsuccessful participant

part-time administrative authority may grant a full refund of the costs of the proceedings,

He had a relatively minor part of the failure or if the decision depended

the amount of filling on the expert report or at the discretion of the administrative authority.



§ 142



Procedures for determining the legal relationship



(1) the administrative authority within the limits of their substantive and territorial jurisdiction shall decide on

the request of any person who can prove that it is necessary for the exercise of its rights,

whether a particular legal relationship was created and when it happened, whether it takes, or whether

and when it happened.



(2) in accordance with paragraph 1, the administrative authority shall take place, if it can on the generation,

duration or termination of a particular legal relationship issue a certificate or

If the question of its origin, duration or termination of the deal in the context of the

another administrative procedure.



(3) for the taking of evidence in the procedure for determining the legal relationship applies the provisions of §

141 para. 4 apply mutatis mutandis.



§ 143



On site management



(1) the authorized official person may, by decision, impose obligations on

place



and) threatening to life or health of persons danger, if there is a

immediately someone serious property damage or if there is a sudden

crash, ^ 39)



(b)) if justified fear that the person to be obliged to,

dodging its fulfilment,



(c)) with respect to the imposition of liability for the obligation (§ 147) of the provisional

measures (§ 61) or disciplinary measures (sections 62 and 63), or



(d)) in the management of building upon the exercise of supervision.



(2) a prerequisite for imposing an obligation on site is determining the status of things.

Decision shall be delivered orally, written copy without the

undue delay delivers. Unless otherwise provided by special law

otherwise, it has no appeal against such decision to the promulgated the suspensory

effect. Minutes of the publication of decision is always on the spot shall issue a written

confirmation (section 67 (3)), which the participant receives.



(3) the Authorized official person must in the management in place increasingly

was investigated to ensure that the rights and legitimate interests of the participants.



(4) the provisions of paragraphs 1 to 3 shall not apply to the issuing of the order on the spot

(article 150, paragraph 5).



(5) in the management building on the surveillance carried out by the same administrative

authority can be the place where the supervision is carried out, to take notice of initiation

the proceedings ex officio.



§ 144



Control with a large number of participants



(1) unless otherwise provided by special law to the contrary, the management with a large

the number of parties with more than 30 participants.



(2) Participants in a proceeding with a large number of participants can be used to initiate the procedure

inform the public by Decree. The procedure is initiated by the end of the period

as set out in public notice; period may not be less than 15 days from the

the day the public airing of the Decree on the official Board.



(3) in a proceeding with a large number of participants can be a challenge under § 36 odst. 3 for

participants in accordance with § 27 para. 2 replace the publication of the concept of propositional

parts of and justification for the decision, stating the period within which, where and how

in a way it can be against the concept of challenge and supplement

control. After the publication of the concept of objection cannot be applied, that the participant

He could have invoked in the earlier proceedings.



(4) if in a proceeding with a large number of participants appointed guardian

one person may be appointed as a guardian for more participants,

whose interests conflict.



(5) in a proceeding with a large number of participants, the administrative authority shall inform the participants

on the appeal lodged by a public decree in which specifies a time limit for the submission of

the observations, which shall be not less than 5 days. The appellant is not required to

to submit an appeal with the requisite number of copies under section 82 para. 2.



(6) in the management of a large number of parties to the proceedings can serve documents,

including the documents referred to in section 19 para. 4, a public decree. This is

does not apply to the parties referred to in section 27 para. 1 who are the administrative

known to the authority; These shall be served on the Parties individually.



§ 145



The proceedings in advance of the application



(1) if provided for in the law, for the administration of the proceedings has the importance of the lead time of the request,

the administrative authority shall indicate the time of her delivery, indicating

the hour and minute delivery. If more than one application delivered at the same time,

Determines whether when the mail containing the request

is made. If in doubt take precedence of the request passed to the Administrative Department

personally. If you cannot determine the lead time of the application, shall be determined by lot; about how to prepare and

Protocol.



(2) proceedings on the application or applications with the best ranking. Control

of any other application administrative authority resolution suspends until

the decision about her or the judicial power. If the administrative authority

This application requests, or those of any other application management

the resolution stops. If an administrative authority refuses the request

continues in the next request in the order; the provisions of the previous sentences

shall apply mutatis mutandis.



§ 146



The procedure for the selection of applications



(1) proceedings conducted on the basis of a special law in the form of the selection

the application that best matches the requirements laid down, where applicable, selection

more such applications will be conducted as a joint management on all applications.

Any of them could not be excluded from the common control.



(2) proceedings conducted by a selection referred to in paragraph 1 shall be brought


the announcement in accordance with § 25 and at the same time announce through volume

the media. At the same time announced by the deadline for submission of

applications, which may not be less than 30 days, unless a special law

otherwise, as well as the criteria for the evaluation of applications submitted, where appropriate,

the rules of procedure, if it is to control the form of the selection will be conducted in multiple rounds.

The procedure is initiated by the 15th day after posting the document in accordance with § 25

paragraph. 2, provided that within this period has been the publication of all

These data also in at least 2 of the mass media

commonly available on the territory of the Czech Republic. After the deadline for

the submission shall not be admitted to change requests and cannot be waived

judgment of the Act.



(3) the administrative authority by the resolution which has already begun other proceedings, if

him before the start of the proceedings referred to in paragraph 2, in the case of an application which has

to decide the form of the selection; at the same time it shall inform the applicant that the

such procedure to be initiated; in this request, the administrative authority

continues in the framework of the selection.



(4) access to the file can be up to the closing date for the submission of applications

referred to in paragraph 2.



(5) in proceedings for the selection of applications to the time limit for the issuance of the decision (section 71)

added a period equal to the deadline for the submission of applications in management

carried out in the form of a selection referred to in paragraph 2.



(6) in proceedings conducted in the form of a selection referred to in paragraph 1 shall

authority based on the recommendations of at least three-member Commission appointed by the head of the

administrative authority; the Commission shall act by a majority of its members;

the provisions of section 14 shall apply mutatis mutandis.



TITLE V OF THE



SPECIAL PROVISIONS FOR ENSURING THE PROGRESS AND PURPOSE OF THE PROCEEDINGS



§ 147



Guarantee for the fulfilment of the obligations of the



(1) if it Can contribute to the purpose of the proceedings, may, upon request,

participant administrative authority to adopt or, in the cases provided for in the specific

the law impose an obligation to pass the cash to a participant or non-pecuniary

guarantee for the fulfilment of the obligations that can be imposed in the proceedings.



(2) if it Can contribute to the purpose of the proceedings, may, upon request,

the applicant's governing body in the proceedings on the application to adopt or, in the cases

set out a special law the applicant save the obligation to lodge

pecuniary or non-pecuniary responsibility for fulfilment of the obligation, which

as a result of the use of the permissions from the decision. If the applicant fails to pay the

specified time limit to guarantee that the administrative authority has taken on its request

administrative authority control stops.



(3) the decision on the acceptance or the imposition of safeguards is to announce only

the party to which they relate. Appeals against this decision does not

suspensory effect; may is the only participant which

Announces. The amount of stored value cash assets, guarantee or warranty

must not be disproportionate to the extent of the obligations of the striking, the save or

emergence can be expected. When you select and return of cash guarantees progresses

the administrative authority which guarantee accepted or imposed, under a special

27. ^ Act) non-pecuniary warranty shall be deposited with the Administration; because it can

pass into custody or to be stored for legal or natural persons.



(4) the Proceedings on the request of the administrative authority by order of stops, if the applicant

within the specified time may fold under guarantee for the fulfilment of obligations which would

as a result of the use of permissions of the decision and that the administrative

authority on to his request received pursuant to paragraph 2.



(5) the warranty returns, if it was required, as well as in met

If the obligation to control have not been saved. If there is no obligation to

backed by a guarantee of satisfied within the time limit, the financial security shall be forfeited in

the benefit of the person who would be entitled to from execution.



(6) in the case of non-pecuniary, administrative authority decides to guarantee about satisfying

This accounts receivable sales guarantees by a special Act. ^ 35) any

the surplus will be less the costs awards ^ 40) and returned it, sales

who composed the guarantee.



TITLE VI OF THE



SPECIAL PROVISIONS RELATING TO CERTAIN DECISIONS OF THE



§ 148



Interim decision and the decision in the case



(1) If this enables the nature of the case and, if appropriate, may

the administrative authority shall issue the



and) interim decision, which shall decide on the basis of the case, in particular in the

contentious proceedings, or



(b) in the case of the decision), which usually decides about the circumstances

some of the participants or decides only on certain rights or

obligations that are in control.



(2) after the final decision or the interim decision in the case

the administrative authority shall issue a decision which will decide on the rest of the stuff.



(3) the participant can claim the release of the interim decision or

the decision in the case in the context of the protection against inactivity of the administrative

Authority (section 80). The superior administrative authority may order that the administrative authority

issued an interim decision or a decision in the case, or is

issue itself, even at the same time with another measure against inactivity.



§ 149



Conditional decision binding opinion



(1) the Binding opinion of the action taken by the Administration on the basis of

the law, which is not a separate decision in administrative proceedings and whose

content is binding to an ordering part of the decision of the administrative authority.

The administrative authorities competent to issue binding opinions are concerned,

authorities.



(2) the administrative authority shall suspend the resolution if it learned that

action is being taken, which is to be issued with a binding opinion.



(3) If, during the proceedings on the request for a binding opinion issued

that makes it impossible to fulfil the request, the administrative authority does not perform additional

the taking of evidence and the request will be rejected.



(4) if the appeal is directed against the content of binding opinions, requests

the Board of the administrative authority the confirmation or change a binding opinion from the

the administrative body of the superior administrative authority competent to issue

a binding opinion. This authority shall send the appeal together with the

expression of administrative authority of first instance and with the observations of the participants. After

for the handling of things superior administrative authority of an administrative authority,

which is competent to issue a binding opinion, the time limit under section 88

paragraph. 1 is not running.



(5) Unlawful binding opinion can be canceled or changed in the review

control, which is the superior administrative authority of an administrative authority,

issuing binding opinions. If the administrative authority when its official

activity finds that an administrative authority has made illegal binding

opinion, to the administrative authority competent to initiate the review procedure

and waits for his decision.



(6) the cancellation or amendment of a binding opinion in the case that

the decision, which was the mandatory opinion of the condition has already been determined

, the reason for the retrial.



§ 150



Command



(1) the obligation of the proceedings ex officio and in contentious proceedings can be saved

in a written statement. The administrative authority may issue a command, if the

the facts as sufficient; the issue may be the first act

in the control.



(2) in proceedings for an order may be the sole basis of control

the Protocol taken by a special Act by the same administrative authority which

substantive and territorial jurisdiction to the administrative proceedings on

control discovery, if he the one who can be

by an authorized official person, and if he controlled the content of

log or was to familiarize yourself with the contents of the report, duly invited,

or if they were in accordance with the law are dealt with objections

checked against the content of the Protocol and, if the content of the Protocol are

doubt or for another reason.



(3) an order may be the one to whom the obligation it imposes order on

a period of 8 days from the date of notification of the order. Opposition cancels and command

the procedure continues. The deadline for making the decision are starting to run again on the day

statement of opposition. The withdrawal of the opposition is not permitted. Resistance is served by

the administrative organ that issued the order. The statement, which was not filed

resistance, becomes final and enforceable decision.



(4) the order must include lessons, in which the administrative authority shall indicate that it is

You can lodge an objection against the order, the period within which it is possible to do so, since the

that day, this period shall be calculated, and for which an administrative authority, resistance

serves.



(5) If a participant is present and fully recognizes the reasons for the making of the order shall be deemed to

the State of affairs we can embark on the command point, if saved

obligation of the relative performance of up to 10 000 Eur or obliged to

non-fulfilment of that participant may take place immediately on the spot.

The preamble to the command you can replace hand-signed

the tenderer with the imposition of the obligation agrees. By signing the Declaration

the command becomes final and enforceable decision. About this fact

participant in advance must be proven to be advised.



§ 151



Issue of the document



(1) if the governing body meet requests for granting rights of which

the existence of a legal document, can be used in place of a written

copy of the decision to issue this document only.




(2) the issue of the document shall record in the file that contains the

the particulars referred to in section 67 para. 2. Instead of the preamble in the entry

list of supporting documents shall indicate the decision.



(3) the date of receipt of the document by the participant shall take decisions legal authority and

the legal effects.



(4) if there is a cancellation of the decision after it came into force, shall cease to be

the issued document validity.



TITLE VII



SPECIAL PROVISIONS FOR REVIEW OF THE DECISION OF THE



§ 152



The decomposition of



(1) against a decision issued by the central administrative authority, the Minister, or

the head of another central public administration authority at first instance may be brought

decomposition.



(2) a decomposition of the Minister or the head of another shall be decided by the Central

Administrative Office.



(3) the proposal for a decision under paragraph 2, shall submit to the Minister or

the head of another central public administration authority at the Commission.

Justice has at least 5 members. The Chairman and other members of the

Appeal Committee appointed by the Minister or the head of another central

Administrative Office. Most of the members of the Appellate Committee consists of experts who

they are not employees of the inclusion in the central public administration authority. The provisions of §

14 and 134 shall apply mutatis mutandis with the fact that justice can act and

receive a resolution of at least pětičlenných Chambers and that most of the

of the members present must be experts, who are not employees

the Central Administrative Office.



(4) does not preclude the nature of things, applies to proceedings on the decomposition of

the provisions on appeal.



(5) unless otherwise provided by special law to the contrary, it can be in control of decomposition



and the decision to withdraw or change), if this meets degradation and

If this cannot be caused by injury to any of the parties, unless

by all concerned, agree, or



(b)) the decomposition of refuse.



§ 153



The satisfaction of the Subscriber after bringing an action in administrative justice



(1) if the applicant claims in the administrative judiciary



and the annulment of the decision of the administrative authority), it can be to meet changing or

cancellation of this decision in the examination procedure,



(b)) give the nothingness of the administrative authority decision for the reasons given

in § 77 para. 1, it can be satisfied by saying the nothingness of the decision,



c) give the nothingness of the administrative authority decision for other reasons,

than those provided for in § 77 para. 1, it can satisfy the release

decision, or if the defendant through the administrative authority is not

the release of the decision; in issuing the decision to proceed in accordance with §

102,



(d) reduction of punishment or abandonment) of a sentence imposed by a decision of

administrative authority, it can be satisfied by issuing a new decision.



(2) the proceedings referred to in paragraph 1, the competent administrative authority is the defendant.

Issue a decision may only with the consent of the superior administrative authority; in

If it is necessary to supplement the proceedings before a decision, it is

the consent of the superior authority has already required to initiate proceedings. The decision of the

must not alter the rights or obligations of the other participants based action

by the contested decision, unless they agree with it. Where the claimant shall notify the

the Court is satisfied, they give up the right to appeal or

the decomposition; a right of appeal or Remonstrance nor do they have the other

participants. The legal force of the defendant's decision of the administrative authority shall take

issued in accordance with paragraph 1 on the date of the decision of the Court of cessation

to the action. The review procedure against the decision of the defendant

the administrative authority is not permitted.



PART FOUR



OBSERVATIONS, CERTIFICATES AND COMMUNICATION



§ 154



If the administrative authority issuing the certificates, statements, performs validation

or the communication relating to the persons concerned, it shall proceed according to the

the provisions of this section, pursuant to the provisions of part one, by analogy with the

These provisions, part two: section 10 to section 16, section 19 to section 26, section 29 to

31, § 33 to 35, § 37, section 40, section 62, paragraph 63, and by analogy with these

the provisions of part three: § § 134, 137 and § 142 paragraph 2. 1 and 2; reasonably

It's the other provisions of this Act, if it is necessary.



§ 155



(1) if it does not rule out the nature of the comments, the certificate or notice,

in particular, if there is a need to examine the facts or to draw from the evidence

led by certain administrative authority may issue or to make any

in substance, the competent administrative authority.



(2) if the administrative authority requested to issue the certificate or authentication and

prerequisites are met to perform the requested action, the administrative

This operation without further authority executes.



(3) where the administrative authority finds that it cannot issue observations or

certificates, to authenticate or to make a communication about it, he is obliged to

request, in writing, inform the person concerned and to disclose the reasons for

This conclusion led.



§ 156



(1) if the representation of the certificate or the communication of the administrative authority suffers from

faults that can be corrected without the detriment caused to some of the

of the persons concerned, the Government is corrects resolution which only

Notes on the file.



(2) a statement of the certificates or the communication of the administrative authority, which is in the

conflict with the law and which cannot be fixed in accordance with paragraph 1,

cancels the resolution of the administrative authority which is issued or made, with

effects of the date on which the certificate is issued, or zrušované

or communication from the latter, unless a different procedure; such a resolution

may be issued after the time that the last effects of the representation of the certificate or

the communication. This procedure shall apply mutatis mutandis the provisions of title IX of part

the second of the examination procedure.



§ 157



If the detriment caused to any of the persons concerned, the administrative authority

by order declare that the representation of the certificate or notice, or non-existent

the decision, which has the elements of another Act, this Act, which is

meets the requirements, if both the acts issued or

to take place.



§ 158



(1) the provisions of this section shall apply mutatis mutandis in the case where

the administrative authority of other acts which are not regulated in the first, third,

the fifth or sixth or in this section.



(2) the provisions of § 156 para. 2 i shall apply mutatis mutandis to acts of the administrative

the institution carried out the procedure under part of the second, third, fifth, or sixth,

the cancellation is not separately regulated.



PART FIVE



PUBLIC SERVICE CONTRACTS



§ 159



(1) a public service contract is bilateral or multilateral action, which

Constitution, amended or revoke the rights and obligations in the field of public law.



(2) a contract governed by public law shall not be in conflict with the law,

It is forbidden to circumvent, and must be in accordance with the public interest.



(3) the conclusion of a public contract, whose party is the administrative authority

shall not reduce the credibility of the Government, must be purposeful and administrative

body must have at its conclusion the objective of carrying out the tasks of public administration.



(4) a public contract is always judged according to their actual

the content.



Types of public contracts



§ 160



(1) the State, public corporations, other legal persons established by law

and legal and natural persons, if they perform by law or on the basis of

the Act conferred on the competence in the field of public administration, for the purpose of

performance of their duties to each other to conclude a contract governed by public law.



(2) negotiations for the State laws governing specific. ^ 41)



(3) the administrative authorities, which are the departments of State, may, in

mutual relations or in relationships with other public authorities,

where appropriate, with other departments of the State to apply the provisions of this

part of the analogy.



(4) disputes arising from agreements concluded in accordance with paragraph 3 addresses the administrative authority

closest together superior administrative bodies which are Contracting

parties. If there is no such administrative body, resolves the dispute in the agreement

the central administrative offices of the parent the following administrative authorities.



(5) a public contract, the object of which is the performance of State administration,

can a person referred to in paragraph 1 to each other to conclude, only if so provided by

special law and only with the consent of the superior administrative authority; the

It assesses the public service contract and its contents are consistent with the

the law and the public interest.



(6) the local government units shall be mutually enter into public service

Agreement relating to the implementation of the tasks arising from their separate

the scope of when the exercise of public authority, only if provided for by a special law.



§ 161



(1) if provided for by a special law, the administrative authority shall enter into

public service contract with a person who would be a party under section 27

paragraph. 1, if the proceedings took place under part two, and instead of

the release of the decision. A condition of effectiveness of public acceptance

other people, that would have been the participants in accordance with § 27 para. 2 or 3.

Administrative authority in doing so, it shall proceed according to the provisions of the consent of the third parties

(para. 168).



(2) a public service contract may be concluded after commencement of the proceedings under section

the second. After the public service contract has been concluded, the administrative authority

by resolution of the Steering stops.



§ 162



(1) those who were participants in accordance with § 27 para. 1, if it was

proceedings under part two, or those who the participants in such proceedings

they are, can conclude a public contract concerning the transfer or


the method of exercising their rights or duties, does not exclude the nature of

the case, or unless otherwise provided by special law. To conclude such

public service contract requires the consent of the administrative authority; It assesses the

public service agreement and its content in terms of compliance with the legal

regulations and public interest.



(2) if the public service contract between the parties to the proceeding and administrative

authority, then, to conclude a public service contract has given consent.



The conclusion of public service contracts



§ 163



(1) expression of will made in written form, leading to the conclusion of the

public service agreement, which is determined by one or more specific persons,

is the proposal to conclude a contract governed by public law (hereinafter the ' draft

the Treaty "), if it is sufficiently definite and indicates the will of the one who

the proposal amounts (hereinafter referred to as "the claimant of the Treaty"), be it in the case of his

the adoption of the bound.



(2) the draft Treaty has been active from the time when the person to whom it is intended.

The draft contract, the plaintiff can cancel the contract if the speech about

the cancellation of the person to whom it is intended, or at least simultaneously with the earlier proposal

of the Treaty; This is true even if the draft Treaty is irrevocable.



(3) the draft of the contract expires



and the end of the period) it was intended for adoption if

the draft Treaty has been adopted,



(b)) if not specified the time limit for acceptance, the expiry of the reasonable period of time with the

taking into account the nature of the proposed contract governed by public law and speed

the resources that the petitioner a contract used for the sending of the proposal

of the Treaty, or



(c)) the moment when speech about the rejection of the draft Treaty, an applicant

of the Treaty.



(4) candidates may be to submit the draft treaty or to the adoption of the proposal

the Treaty prompted the manner specified in § 146 paragraph. 2. The provisions of part

the third form of management selection shall apply mutatis mutandis.



§ 164



(1) a public service contract must be concluded in writing and speeches will

all of the parties must be on the same document.



(2) if the Contracting Parties Are present at the same time, it is a public contract

concluded at the moment of signing the last connection the Contracting Parties. If they are not

the Contracting Parties present at the same time, it is a public contract

at the moment when the draft of the Treaty bearing the signatures of the other public

persons to whom it was intended, the mover of the Treaty.



(3) if the law provides that the conclusion of the contract is governed by public law

require the consent of the administrative authority, is governed by public law contract

the date on which this agreement enters into force. The administrative authority, which gave the

consent to the conclusion of a public contract, the public

the Treaty on its notice board.



(4) if required by the administrative authority a translation of public service contracts relating to

matters of national minorities, drawn up in the language of the members and

national minorities, shall pay the costs of translation when the conditions of §

Article 16(1). 4 the administrative authority.



The examination of the public service contract with the legislation



§ 165



(1) the consistency of the public service contract with the legislation can be examined from

ex officio. The party of public contracts, which is not an administrative authority,

can give impetus to the implementation of the review procedure within 30 days from the date of

the reason, the initiation of an examination procedure.



(2) a public service contract which has been concluded in breach of

the regulations, the administrative authority.



(3) if they are in conflict with the law only certain provisions of the

public service contracts, only those provisions, if the nature of the

public service contract or of its contents, or from the circumstances in which

It was closed, it does not follow that it is inseparable from the other.



(4) the termination of public service contracts concluded pursuant to § or § 160 161

or cancellation of their provisions shall not affect the actions taken against third

persons in the performance of the scope of the party taken over from another Contracting

Parties on the basis of the public contract. After the legal authority, or

Provisional enforceability of a decision issued under paragraph 2 or 3

passes the competence in these matters to the administrative authorities, which have been

the following tasks to do before the conclusion of the repealed public law

of the Treaty, or to the administrative authorities to which jurisdiction she

as a result of changes in circumstances decisive for its destination. This applies

even in the case of withdrawal of consent to the conclusion of public service contracts in accordance with §

160.



(5) in the case of public service contracts concluded pursuant to § 160 or section 161 is

the examination of the public service contract with the legislation of the competent

administrative authority empowered to deal with the dispute of public contracts (§ 169 paragraph.

1) and for public contracts pursuant to § 162 administrative body superior

the Administrative Department, whose approval is necessary for the conclusion of the public

of the Treaty.



(6) the parties referred to in paragraphs 1 to 5 are Contracting Parties and

public contracts pursuant to § 162 also administrative authority whose consent is

should be to conclude a public service contract.



(7) if it is not in paragraphs 1 to 6 shall apply unless otherwise provided for the review of

accordance with the law of contracts governed by public law, by analogy, the provisions concerning

review with the fact that the administrative authority is not bound by the time limits referred

in § 96 para. 1 and § 97 para. 2; When you determine the effects of the decision

mutatis mutandis, the provisions of § 99.



Change the contents of a contract governed by public law, the testimony and the cancellation of public

of the Treaty



§ 166



(1) change the content of public service contracts can only be written agreement

the Contracting Parties; If the contract requires the consent of the administrative

authority or a third party, is this even to the conclusion of this

the agreement; the provisions of § 164 of paragraph 1. 3 shall apply mutatis mutandis.



(2) a public contract may be terminated only in written form and only

If it was in the public contract the Contracting Parties

and if agreed notice period has been agreed.



§ 167



(1) a Contracting Party may submit a written request to cancel a public

of the Treaty



and if it was) in the public service contract is agreed,



(b)) changes substantially ratios that were decisive for the determination of

the content of public service contracts, and performance of this agreement cannot be on the Contracting

hand, for this reason, reasonably required



(c) if the public service contract) came into conflict with the law

regulations,



(d)) on grounds of public interest, or



e) If facts have come to light that existed at the time of the conclusion of

a public contract and not to the party without its fault

known when that party demonstrates that with their knowledge of public

the Treaty has not entered into.



(2) where a Contracting Party of the proposal for the reasons stipulated by law

cancellation of a contract governed by public law and the other parties to agree with him,

public service contract expires on the date when the last of the written consent of the

the parties came to the party which has lodged the proposal. If you were to

the conclusion of public service contracts require the consent of the administrative authority,

requires its consent to the cancellation of a contract governed by public law.



(3) If one of the parties with the cancellation of a contract governed by public law

do not agree, you may cancel the contract for the public at the request of the Contracting

the party filed a motion referred to in paragraph 1, to the administrative authority

competent pursuant to § 169 paragraph. 1.



The consent of the third parties



§ 168



Public service contract, unless it is a public service contract pursuant to § 160,

which directly affects the rights or obligations of a third party, shall take

effective only at the moment when the person speaks with her written

consent. If this consent is not obtained, the administrative authority of the place of

the conclusion of a public contract, to issue a decision in the administrative procedure, in

which makes use of documents obtained during the preparation of the public contract.



Commitments from public contracts



§ 169



(1) disputes arising from a contract governed by public law shall be decided by



the Ministry of the Interior) in the case of a public contract pursuant to § 160 and

If at least one of the Contracting Parties to the region or are Contracting

Parties to the municipalities with extended competence; The Interior Ministry will discuss the matter

with the responsible Ministry or other factually competent central

administrative authority,



(b)), the competent regional authority, in the case of a public contract pursuant to § 160 and

If the Contracting Parties are the communities that are not municipalities with extended

scope, if not taken the matter to the Ministry of the Interior,



(c)), the administrative authority that is superior to the contracting parties together, if

another public service contract pursuant to § 160; If there is no such administrative

authority, dispute in the agreement fixes the central administrative offices of the underlying administrative

authorities that are nadřízeny to the Contracting Parties,



(d)) the administrative authority superior to the Administrative Department which is a party

public service contracts, if the public service contract pursuant to § 161, or



(e)), the administrative authority which has given consent to its conclusion, with respect to

public service contract pursuant to § 162.



(2) against a decision issued pursuant to paragraph 1 cannot be appealed or

decomposition.



General provisions



§ 170



The procedure under this section shall apply mutatis mutandis the provisions of part the first

and apply the provisions of part II of this Act; If it does not exclude

the nature and purpose of public contracts shall apply mutatis mutandis to the provisions of

of the civil code, with the exception of the provisions on the nullity of legal

negotiations and relative inefficiency, the provisions on the withdrawal, and


the severance pay, the provisions on the change in the person of the debtor or the creditor, unless

on the legal succession, provisions on the assignment of the contract and of the order and

provisions for set-off.



PART SIX



MEASURES OF A GENERAL NATURE



§ 171



Under this part shall act administrative authorities in cases where the specific

the law imposes binding measures of a general nature, that is not a legal

Regulation or decision.



§ 172



(1) a draft of the measures of a general nature with the reasoning of the administrative authority shall, after

consultation with the relevant authorities referred to in § 136 delivers the public

the decree under section 25, which be posted on their notice board and on the official

boards, municipal authorities in the municipalities, whose administrative circuits to

measures of a general nature relate to, and invite the person concerned to the draft

measures to deliver comments or objections. Where necessary, the draft

publish in a different way, in place of the usual. Proposal for measures of a General

nature must be published for at least 15 days.



(2) if it is not given the scope of the proposal meant to post it on the official

the Board in its entirety, must be on the official Board stated, what measures

It is of a general nature, whose interests are directly affected, and where and in what period of time is

can be used with a proposal to introduce. The full text of the proposal, including the preamble, however, must

in this case also to be published in the manner allowing remote

access.



(3) the procedure for the design of the measures of a general nature is written, if the law

does not provide, or the administrative authority does not specify that a public hearing is held

the proposal. The time and place of the public hearing, the administrative authority shall notify the

on the notice board at least 15 days in advance; the notification shall be published by the

official boards, municipal authorities in the municipalities, whose administrative circuits are

measures of a general nature has to cover. If there is a risk of default, it is

possible to shorten; unless the law provides otherwise, the short time

be at least 5 days.



(4) on the proposal for measures of a general nature, anyone whose rights,

obligations or interests may be directly affected by measures of a general nature,

applied to the written observations of the administrative authority or to the public

discussion of the oral comments. The administrative authority is obliged to comments

deal with as the basis for measures of a general nature and to deal with them

in its statement of reasons.



(5) owners of real estate, whose rights, obligations or interests

related to the exercise of property rights may be a measure of General

the nature of, or directly affected, determine if the administrative authority, and other persons

whose legitimate interests may be measures of a general nature directly

affected may lodge against the measures of a general character in writing

reasoned objections to an administrative authority within the period of 30 days from the date of its

publication. By default the Act cannot be waived. Of objections shall be decided by

the administrative authority which measures of a general nature. If

handling objections led to the solution, which will directly affect the legitimate interests of

some person other than the draft measures of a general nature, and

If not change obviously also in its favour, the administrative authority finds its

opinion. The decision on the objections, which must include your own

the justification shall be provided as part of the justification of the measures of a general nature (section

paragraph 173. 1). There is no appeal against the decision or lodge corruption.

Change or cancellation of the final decision on the objections may be the reason

changes to the measures of a general nature.



§ 173



(1) the measures of a general nature, which must include a justification of the administrative

authority shall notify the public by Decree; measures of a general nature to the

official boards, municipal authorities in the municipalities, whose administrative circuits are

measures of a general nature refers to. The provision of section 172 para. 1 shall apply mutatis mutandis.

Measures of a general nature shall enter into force on the fifteenth day following the date of posting

a public decree. If there is serious injury to the public interest, can the measures

of a general nature take effect already on the date of posting; If provided for by

the special law, it can happen before the procedure under section 172. To measure

of a general nature and its justification, any look at the administrative

the authority which issued the measures of a general nature.



(2) Against the measures of a general nature cannot be appealed.



(3) the obligation, which is established by law and whose range is within the limits of

Act intended for measures of a general nature can be enforced only by exekučně

If the decision has been taken, that the existence of this obligation

stated and in which the person who has this obligation, namely,

listed.



§ 174



(1) for the proceedings under this part shall apply mutatis mutandis the provisions of part one, and

apply the provisions of part two.



(2) the compliance of the measures of a general nature with the legislation can be assessed in the

examination procedure. Resolution on the initiation of the examination procedure shall be issued to the

3 years from the effectiveness of the measures. The effects of the decision in the review

occur from the date of its legal power.



PART SEVEN



COMMON, TRANSITIONAL AND FINAL PROVISIONS



TITLE I OF THE



COMMON PROVISIONS



§ 175



Complaints



(1) the person concerned shall have the right to refer to the administrative authorities with complaints

against abuse of official persons or against administrative procedure

authority, this Act does not provide other means of protection.



(2) a complaint must not be to the detriment of the complainant; the responsibility for the

criminal offence or an administrative offence is not affected by this provision.



(3) the complaint may be filed in writing or orally; If the complaint is lodged orally,

that cannot be immediately dealt with, writes about her administrative authority a written record.



(4) the complaint shall be lodged at the administrative authority, which is leading the proceedings.

The administrative authority is obliged to examine the facts in the complaint

referred to. If it considers it appropriate, the complainant, the person against

which the complaint is directed or any other person that may contribute to the

clarification of the matter.



(5) the complaint must be dealt with within 60 days from the date of its delivery

the administrative authority competent to implement it. The settlement of complaints

the complainant must be notified within this time limit. Deadline can be

Cross only when it is impossible to ensure in the process documents

required for the settlement of the complaint.



(6) if the complaint is found to be substantiated or partially substantiated, is

the administrative authority shall forthwith take the necessary measures to remedy the situation. About

the result of the investigation and the measures taken to remedy shall record into the

a file; the complainant will be notified only if asked.



(7) if the complainant considers that the complaint lodged with the competent

administrative authority, has not been properly executed, it may request the administrative supervisor

authority to přešetřil way of handling complaints.



§ 176



The Interior Ministry will issue a law for the implementation of § 79 paragraph 2. 4 and 5.



§ 177



(1) the basic principles of the activities of the administrative authorities referred to in paragraph 2 to 8

in the performance of the public administration shall apply even in cases where the special law

provides that the administrative code does not apply, but the adjustment corresponding to these

does not contain the policy.



(2) in cases where the administrative authority performs the acts to which the

do not apply the second and third parts of this law, shall proceed by analogy with the

part four.



§ 178



(1) the Superior administrative authority is the administrative authority to which it

provides for a special law. If it does not specify a particular Act, it is the administrative

the authority which decides on appeals under the Act, where appropriate, shall exercise

supervision.



(2) if the parent administrative authority determined under paragraph 1, the

pursuant to this paragraph. Superior administrative authority in the authority of the village

means the regional office. Superior administrative authority in the authority of the County means

in proceedings in a separate scope of Ministry of the Interior, in the proceedings

held in by the substantive jurisdiction of the Central Administrative Office,

where appropriate, the central administrative authority, whose scope is decided by the

the closest things. Superior administrative authority in other public

the Corporation means the administrative body responsible for the surveillance and superior performance

administrative authority in the legal or natural persons entrusted with the exercise of official

management means a body which, by a special Act shall decide on

the appeal; If there is no such body established by that authority is the authority that

These persons the exercise of public administration on the basis of the law. Supervisor

the administrative body of the central public administration authority means the Minister, or

the head of the Central Administrative Office. Superior administrative authority

the Minister or the head of another central public administration authority "means

the head of the central competent administrative authority.



TITLE II



TRANSITIONAL AND FINAL PROVISIONS



Section 179



(1) proceedings that have not been completed before the effective date of this

the law, according to present legislation is completed. Where a decision before

effect of this Act repealed and returned for reconsideration to the administrative

authority, it shall proceed according to the existing legislation.



(2) if the procedure has been finally completed before the effective date of this Act,

proceed in the examination procedure, or the issue of a new retrial

a decision under this Act, including the time limits within which such proceedings

launch.



(3) the execution of the decision, which was initiated before the effective date of this Act,


According to present legislation is completed.



§ 180



(1) where, under the existing legislation is progressing in the

administrative procedure so that the administrative authorities shall issue a decision, without these

the rules governing the procedure in its entirety, shall act in matters whose

the solution is necessary under this Act, including part of the other.



(2) in the event that, under the existing legislation are progressing

the authorities in the proceedings, whose aim is not to issue a decision, without these

the rules governing the procedure in its entirety, shall act in matters whose

the solution is necessary and that cannot be addressed under those provisions, according to the

part four of this Act.



§ 181



If provided for in the existing legislation that in cases in which

the Board shall decide pursuant to this Act, by order issued

the decision, issued by the administrative authorities of the resolution under this Act.



§ 182



(1) the provisions of this Act on nothingness will only be used for tasks

the administrative authorities made after the effectiveness of this Act.



(2) the provisions of this Act shall be governed by the public service contract and incurred

before the date of entry into force of this Act; the emergence of these contracts, as well as

claims of them incurred before the date of entry into force of this law, however,

assessed according to the existing legislation.



§ 183



Act No. 71/1967 Coll., on administrative proceedings (administrative code).



PART EIGHT



The EFFECTIVENESS of the



§ 184



This Act shall take effect on 1 January 2000. January 1, 2006.



Fort Worth Star Telegram in r.



Klaus r.



Spidla in r.



1) Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by

amended.



Act No. 129/2000 Coll., on regions (regional establishment), as amended

regulations.



Act No. 133/2000 Coll., on the capital city of Prague, as subsequently amended

regulations.



2) § 2 (2). 3 of the commercial code.



3) Act No. 133/2000 Coll., on registration of the population and the birth numbers and

amendments to certain laws (law on population register), as amended

regulations.



4) Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and

amendments to certain laws, as amended.



Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the

Police of the Czech Republic, as amended, (asylum Act),

in the wording of later regulations.



5) § 7 (2). 1 and 2 of the commercial code.



6) section 1 of the Act No. 2/1969 Coll., on establishment of ministries and other Central

Government of the Czech Republic, as amended.



7) for example Act No 191/2004 Coll., on international assistance for the recovery of

some financial receivables.



9) for example, § 61 para. 1 (b). in) Service Act.



10) Article. 37 para. 4 of the Charter of fundamental rights and freedoms.



11) Act No. 325/1999 Coll.



12) Act No. 273/2001 Coll., on the rights of members of national minorities and

on the amendment to certain acts, as amended by Act No. 320/2002 Coll.



13) Act No. 155/1998 Coll. on sign language and amending other laws, in

amended by Act No. 388/2008 Sb.



13A) Act No. 300/2008 Coll., on electronic acts and authorized

convert documents.



14) Act No. 129/2000 Coll., as amended.



Act No. 128/2000 Coll., as amended.



15) Act No. 29/2000 Coll. on postal services and amending certain

laws (the law on postal services), as amended.



16) Act No 227/2000 Coll. on electronic signature and amending certain

other laws (the law on electronic signature), as amended

regulations.



17) section 16 of the Act No. 29/2000 Sb.



17A) section 10b, para. 1 of Act No. 133/2000 Coll., on the population register, and

social security numbers and amending some laws (law on population register)

as amended by law No 7/2009 Sb.



18) section 65 of Act No. 128/2000 Coll., as amended by Act No. 312/2002 Coll.



19) section 30 et seq. of the civil code.



20) § 55 et seq. of the civil code.



21) § 1126 et seq.. of the civil code.



22) article 21 of the code of civil procedure.



23) such as section 26 of Act No. 85/1996 Coll., on the legal profession, as amended by law

No 210/1999 Coll.



25) § 1 and 2 of Act No. 245/2000 Coll., on public holidays, on the other

holidays, on significant days and days of rest.



26) section 116 of the civil code.



27) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by

amended.



28) section 118 to 121 of the civil code.



29) § 76 para. 2 Act No. 150/2002 Coll.



30) § 80 para. 2 Act No. 582/1991 Coll., on the Organization and implementation of

social security, as amended by Act No. 586/1992 Coll.



31) Law No. 41/1993 Coll., on the verification of compliance of copies or a copy of the Charter

and verifying the authenticity of the signature of the provincial and municipal authorities and extradition

confirmation of the authorities of the municipalities and the provincial authorities, as amended.



Act No. 357/1992 Coll., on the notarial profession and their activities (notarial procedure), in

as amended.



32) § 135 of the civil code.



33) section 96 of the Act No. 50/1976 Coll., on zoning and the building code

(the building Act), as amended by Act No. 82/1998 Coll.



35) of the code of civil procedure.



Law No. 26/2000 Coll., on public auctions, as amended by Act No 120/2001

SB.



36) section 3 of Decree No. 252/2002 Coll., which implements certain

the provisions of the Customs Act.



37) section 20 (2). 1 of the civil code.



38) § 97 para. 1 (b). c) Act No. 150/2002 Coll., the administrative court rules.



39) for example, Act No. 254/2001 Coll. on waters and amending certain

acts (the Water Act), as amended.



40) Act No. 151/1997 Coll., on the valuation of assets and amending certain

laws (law on the valuation of assets), as amended by Act No. 121/2000 Coll.



41) Act No. 219/2000 Coll., as amended.



for example, 42) Act No. 128/2000 Coll., as amended,

Act No. 129/2000 Coll., as amended, and Act No.

131/2000 Coll., as amended.



43) section 38 et seq. of the civil code.



44) § 45 et seq.. of the civil code.