250/2000 Sb.
LAW
of 7 November. July 2000
on budgetary regulations local budgets
Change: 450/2001 Sb.
Change: 320/2001 Coll.
Change: 320/2002 Coll.
Change: 421/2004 Sb.
Change: 557/2004 Sb.
Change: 557/2004 Coll. (part), 561/2004 Coll.
Change: 635/2004 Sb.
Change: 342/2005 Sb.
Change: 245/2006 Sb.
Change: 137/2006 Coll., 140/2006 Sb.
Change: 270/2007 Sb.
Modified: 27/2008 Sb.
Change: 477/2008 Sb.
Change: 421/2009 Sb.
Change: 306/2008 Sb.
Change: 227/2009 Sb.
Change: 281/2009 Sb.
Change: 465/2011 Coll. 466/Sb.
Change: 458/2011 Sb.
Change: 171/2010 Sb.
Change: 303/Sb.
Change: 24/2015 Sb.
Change: 24/2015 Coll. (part)
Parliament has passed the following Act of the United States:
PART THE FIRST
GENERAL PROVISIONS
§ 1
The subject of the edit and the scope of the law
(1) this Act regulates the creation, status, content and functionality of the budgets
territorial self-governing units, "^ 1") which are the municipalities of ^ 2) ^ 3, and region), and
lays down the rules of management of local funds
self-governing units. It also regulates the establishment or the establishment of a legal
people of territorial self-governing units.
(2) the provisions of this Act is also governed by the management for voluntary
municipalities ^ 2) (hereinafter referred to as "villages"), if this law does not
otherwise, and the establishment of organizations in the field of education volume
municipalities.
(3) the provisions of this Act that apply to budgets and financial
farming communities in statutory cities ^ 2), and in the capital city
Prague also for their districts or circuits. The contents of the budget
boroughs or districts, including the structure of their revenue and expenditure,
down town in its jurisdiction.
(4) the provisions of the second and third parts of this law is also governed by
management of the regional councils of the regions cohesion ^ 2a) with the exception of
the provisions of paragraphs 7 to 10.
PART TWO
FINANCIAL MANAGEMENT OF TERRITORIAL SELF-GOVERNING UNITS
§ 2
Financial management tools
(1) the financial management of territorial self-governing units, and municipalities are
their annual budget and budgetary perspective.
(2) a territorial self-governing unit, and the villages keep accounts according to
Special Act. ^ 4)
§ 3
Financial views
(1) the budgetary Outlook is an auxiliary tool for local government
a whole bunch of communities or for medium-term financial planning
the development of its economy. Building on the basis of concluded contract
relationships and commitments usually 2 to 5 years following the
year for which the annual budget shall be drawn up (article 4).
(2) the financial perspective contains the summary of basic data on income and
expenditure, in particular on long-term liabilities and claims, on the financial
the sources and the long-term needs of the realized projects. For long-term
the commitments shall be given their impact on the management of local government
a whole bunch of communities or throughout the duration of the commitment.
§ 4
The budget of the local government unit and volume of municipalities
(1) the budget of the local government unit and a bunch of communities is a financial
the plan, which provides for the financing of the activities of the local government unit
and a bunch of communities.
(2) the financial year is identical with the calendar year.
(3) when processing the annual budget of the financial perspective.
(4) the budget shall be drawn up as a rule as balanced. May be approved
as the surplus, if any of the revenue of the year are intended to
in the following years, or if they are intended for the repayment of
the principal of the loans from the previous years.
(5) the budget can be approved as the SGP's deficit just in case that the deficit
you will be able to pay
and) funds from previous years, or
(b) secure, by contract, loan) ^ 5) ^ 6) loan repayable financial
the bailouts or the income from the sale of municipal bonds of the territorial
Government Unit (hereinafter referred to as "recoverable resources").
(6) a positive balance of funds financial management
for the current year shall be transferred for use in the next year, and to cover the
budgetary expenditure, or converts to cash funds (§ 5).
(7) the deficit be effected from the management of funds of the past
years or covers of the returnable resources payable to the budget in
the following years.
§ 5
Monetary funds of territorial self-governing units, and municipalities
(1) a territorial self-governing unit, and villages may set up cash funds
for specific purposes, or without the special destination.
(2) the source of the money funds local government unit or volume
municipalities in particular can be
and surplus management) from previous years,
(b) current year) earnings that are not intended for use in the current year,
(c) transfers of funds from the budget) during the year to special purpose cash
the funds.
§ 6
The contents of the budget
(1) the contents of the budget are its revenue and expenditure and other cash
the operation, including the creation and use of money funds, if not further
States that are outside the budget.
(2) outside the budget take place cash operations
and foreign funds)
(b)) combined resources.
(3) the business activities of the local government unit or volume of municipalities
the tracks outside the budget revenue and expenditure. Its result is reflected
in the budget and final account is part of the local government unit
or a bunch of communities.
§ 7
Revenue in the budget of the municipality
(1) revenue in the budget of the village consists, in particular,
and) income from own assets and property rights,
(b) the results of its own) income from activities
c) income from economic activity of legal entities, if they are in accordance with
This or another Act, the income of the municipality which has set up an organization or
She founded,
(d) income from its own administrative) activities, including the income from the performance of the State
the Administration, which is responsible for a village in accordance with special laws, in particular from the
administrative fees from this activity, income from fines and levies
stored within the jurisdiction of the municipality under this Act or special legislation,
If it is not otherwise stipulated,
e) revenue from local taxes under a special law, ^ 7)
f) proceeds of the tax or interest under a special law, ^ 8)
g) subsidies from the State budget and from State funds,
h) subsidies from the regional budget,
I) funds obtained the administrative activities of the other institutions of State administration,
for example. they have levied fines and other pecuniary levies and penalties,
If they are in accordance with special laws, income of the village,
j) received cash donations and contributions,
k) other income, which in accordance with special laws belongs to the revenue of the municipality.
(2) the municipality may use the funds provided through the national
the Fund.
(3) the municipality may use to cover your needs whether or not returnable resources (§ 4
paragraph. 5 (b). (b)).
(4) the municipality may, to cover temporary time discrepancy between the drawing on
the budgeted expenditure, and the execution of budget revenue for their
pay to use repayable financial assistance from the State budget, from the
the regional budget or the budget of the other municipalities. Returnable financial assistance is
the interest-free. Its delayed repayment is considered the detention of cash
resources.
§ 8
Revenue in the budget of the County
(1) revenue in the budget of the region consists of, in particular,
and) income from own assets and property rights,
(b) the results of its own) income from activities
c) income from economic activities of the Organization, where they are referred to in this
or other income of the budget Act, which established the organization or
started by,
d) revenue from administrative operations including the income from the performance of State administration, to
which is in charge of the region under special laws, in particular management fees
from this activity and revenue from fines imposed under the authority of
region under this Act or special legislation, if not further
unless otherwise specified,
e) proceeds of the tax or interest under a special law, ^ 8)
f) subsidies from the State budget and from State funds,
g) received cash donations and contributions,
h) other income, which in accordance with special laws belongs to the revenue of the region,
I) funds obtained the administrative activities of the other institutions of State administration,
for example. they have levied fines and other pecuniary levies and penalties,
If they are in accordance with special laws of the income of the region.
(2) a County may use the funds provided through the national
the Fund.
(3) a County may use to cover your needs whether or not returnable resources (§ 4
paragraph. 5 (b). (b)).
(4) a County may, to cover temporary time discrepancy between the drawing on
the budgeted expenditure, and the execution of budget revenue for their
pay to use repayable financial assistance from the State budget or from
the budget of another region. Returnable financial assistance is interest-free. Her
the delayed repayment is considered the detention of funds.
§ 9
The expenditure budget of the municipality
(1) the budget of the municipalities are to be paid, in particular,
and obligations arising for the community) of the performance of the duties imposed on it
the laws,
(b) expenditure on its own activities) of the village in its individual scope, in particular
expenses associated with the care of their own property and its development
(c) the costs associated with the performance) of the State administration, to which the municipality is responsible for
by law,
d) obligations arising for the municipality of concluded contracts in its
and management of contractual relations of their own organisations if they
She walked over,
(e)) the commitments made in the framework of cooperation with other municipalities or with other
entities, including joint activities,
(f) the payment of the interest received) of loans and credits,
g) expenditure on the emissions of its own bonds and to pay the proceeds from them
belonging to their respective owners,
h) support expenditure for entities to which public benefit activities
and entrepreneurship beneficial for the community,
I) other expenditure incurred within the scope of the community, including donations and
social or other humanitarian purposes.
(2) in addition to the expenditure referred to in paragraph 1 shall be borne by the municipality from its budget and
installment loans, loans received and returnable and repayment of principal
own bonds of their owners.
§ 10
The expenditure budget of the region
(1) the budget of the region are to be paid, in particular,
and obligations arising for the State) from the execution of the obligations imposed
special legislation,
(b) the expenditure on the operation of the) region in its separate scope, in particular
expenses associated with the care of their own property and its development
(c) the costs associated with the performance) of the State administration, which is in charge of the region
special legislation,
(d)) the obligations arising for the county from concluded contracts in its
and management of contractual relations of their own organisations if they
He went,
e) subsidies to the budgets of the municipalities in the region,
(f)) the commitments made in the framework of cooperation with other local authorities or with
other actors, including contributions to joint activities,
(g) the payment of the interest received) of loans and credits,
h) expenditure on the emissions of its own bonds and to pay the proceeds from them
belonging to their respective owners,
I) support expenditure for entities to which public benefit activities
and to support private enterprise good for region,
j) other expenditure incurred within the scope of the region, including gifts and
social or other humanitarian purposes,
the Regional Council of the region).
(2) in addition to the expenditure referred to in paragraph 1 shall be borne by the county from its budget and
installment loans, loans received and returnable financial assistance and
repayment of principal custom bonds of their owners.
Subsidies and returnable financial assistance
section 10a
(1) for the purposes of this Act, means the
and any local government unit), the capital city of
Prague, municipalities or Regional Council of the cohesion region,
(b) funds provided by the subsidies) from the budget of the territorial
the unitary, Borough of the city of Prague, the volume of municipalities
or of the Regional Council of the cohesion region legal or natural person
on the intended purpose, with the exception of the contribution referred to in § 28 para. 4 and § 31 para.
1 (b). (b)),
c) repayable financial assistance funds provided by the totality of the
the budget of the local government unit, the municipal district of the capital city
Prague, volume, municipalities or Regional Council of the cohesion region legal
or a natural person on the intended purpose, which is to the recipient shall be obliged to
return to the budget within the prescribed period, the provider
(d)) financial settlement grants an overview of transport and the use of
provided by the funds and the return of unused cash
the funds in the budget of the provider,
e) settlement returnable financial assistance overview of pumping and
the use of the funds provided and for their return to the
the budget of the provider,
(f) the programme for the provision of subsidies) or returnable financial assistance
(hereinafter referred to as "the programme"), a summary of the material, time and financial conditions
the purpose of the support of a designated provider in the program.
(2) grants or repayable financial assistance shall be granted for the purpose specified by the
the provider of the program (section 10 c), to any other purpose specified by the applicant in
request or on purpose laid down specific legislation ^ 22). On
subsidy or repayable financial assistance is not a legal right, unless otherwise provided by
special legislation otherwise ^ 22).
(3) a grant or repayable financial assistance, repayable
financial assistance under section 34 para. 1, can be provided on request
for the provision of subsidies or returnable financial assistance through
public contracts (hereinafter referred to as "the application"), if applicable, on the basis of
obligations arising from the special legal regulation ^ 22); the request of the
contains at least
and) name and surname, date of birth and address of the place of residence of the applicant for a grant
or repayable financial assistance, if the applicant is a natural person, and if the
This natural person entrepreneur, also the identification number of the person
If it was allocated, or, if the applicant is a legal person, the name,
where applicable, the trading name, registered office and identification number of the person if
allocated,
(b) the amount requested)
(c)) the purpose of the to which the applicant wishes to grant or repayable financial assistance
use,
(d)), in which time is to be attained purpose, in the returnable financial assistance and
the deadline for the return of the funds provided and the amount of
each payment,
e) grounds for the request,
f) where the applicant is a legal entity, identify
1. people representing a legal entity with an indication of the legal reason
representation,
2. people with a share within the legal person,
3. persons, in which it has a direct interest, and the amount of this share,
(g) a list of any annexes to the application),
h) day copies of the application and the signature of the person representing the applicant in
the case of a representation based on full power and full power.
(4) if the service provider fails to comply with the request, it shall communicate, without undue delay
the applicant that his application was rejected and the reason for the failure of the request.
(5) a public service contract for the provision of subsidies or repayable financial
the bailout includes at least
and) name, address, identification number of the provider grants or repayable
the financial bailout,
(b)) first and last name, date of birth and home address, if the recipient is
subsidies or repayable financial assistance is a natural person, and if this
a natural person entrepreneur, also the identification number of the person if
or, if the recipient of the subsidy or returnable financial assistance
a legal person, the name or business name, registered office and
the identification number of the person, if any,
(c)) the bank account number of the provider and the recipient of subsidies or repayable
the financial bailout, or the way in which resources are made available,
(d)) provided the amount or the amount up to the amount of the subsidy may be or
returnable financial assistance granted; for subsidies or repayable financial
the bailout, which funds are covered from the State
the budget, the budget of the State Fund or from the National Fund, the amount of
such funds and the source of their coverage; the grants, which
is not provided in a lump sum, the amount of the individual amounts or the way
their determination and the terms of their provision,
(e)) the purpose for which the funds are provided by the intended
(f)), the period in which it is to be provided for the purpose achieved,
g) for returnable financial assistance provided by the recovery period
of funds and the amount of each payment,
h) terms and conditions that the recipient is obliged to use funds
meet,
I) or other conditions related to the purpose for which they were cash
resources provided that the recipient is required to comply with
(j)) of the period for the submission of financial settlement grants or repayable
the financial bailout and the number of the account to which you want an unused cash
resources or returnable bailout returned,
k) if the beneficiary of the subsidy or returnable financial assistance legal
person, the obligations of the recipient in the case of conversion or cancellation of legal
the person with the liquidation,
l) the date of signature of the Treaty the Contracting Parties and their signatures.
(6) in the public service contract for the provision of subsidies can be of the conditions
laid down in accordance with paragraph 5 (b). I) define the conditions, which
violation will be considered less serious, which is saved for removal
violation of budgetary discipline below corresponds to the amount of unduly
used or withheld funds. In the public service
the contract for the provision of subsidies to the lower levy shall be fixed
the amount, a percentage or a percentage range within which the levy
established. Percentage or percentage range shall be determined by
means, in relation to which the acts of infringement
budgetary discipline.
(7) the conditions for granting subsidies or repayable financial assistance, whose
part of the funds are subsidies or provider
returnable financial assistance he received from the State budget, the budget of the
the State Fund or from the National Fund shall be in accordance with the conditions
under which the providers of subsidies or repayable financial assistance
the funds provided.
(8) in the public service contract provider may grant
provide expenditure or cost, the amount of which may not be justified and
that will be accounted for in a lump sum; flat-rate expenses or costs
shall be determined
and as a percentage of) actually incurred and proven provider
set out the expenses or costs,
(b)) on the basis set out by the provider of unit costs, or
(c)) as a fixed amount covering all expenses or costs or
part of them.
section 10b
(1) disputes arising from the legal relationships in the provision of subsidies or repayable
financial assistance shall be decided according to the code of administrative procedure
and the Ministry of finance, is)-if one of the Contracting Parties to the region, the volume
the municipality is a member of the capital city of Prague, or the Regional Council of the region
cohesion,
(b) Regional Office in) by, if a Contracting Party to the municipality or
villages is not a member of the capital city of Prague, in whose administrative
the circuit is a village located or whose administrative district's villages
registered office,
(c)) of the Prague City Hall in by, if one
of the parties to the urban part of the city of Prague.
(2) the Ministry of Finance carries out the tasks of the superior administrative authority
regional offices and of Prague City Hall in relation to
the obligations laid down in paragraph 1.
(3) against a decision issued pursuant to paragraph 1 cannot be appealed or
decomposition.
section 10 c
(1) the provider shall publish the program on its notice board in the manner
allowing remote access no later than 30 days before the beginning of the period referred to in
paragraph 2 (a). (f)). the provider, which is the volume of municipalities, shall publish the
the program on the official boards of member municipalities in a way allowing remote
access no later than 30 days before the beginning of the period referred to in paragraph 2 (a).
(f)). The Program exposes at least 90 days from the date of publication.
(2) the programme contains at least
and that purpose) can be granted funds,
(b) the reasons for the aid provided for the purpose),
(c) the estimated total volume of cash) funds earmarked in
the budget for the support provided for the purpose,
(d) the maximum amount of subsidies or) returnable financial assistance in individual
the case, or the criteria for determining the amount of the grant,
(e) the heading of eligible applicants)
(f) the deadline for submitting applications),
g) criteria for the evaluation of the application,
h) deadline for the decision on the application,
I) the conditions for granting subsidies or repayable financial assistance,
j) model application, or the contents of its annexes.
§ 10 d
(1) the provider, with the exception of the volume of the municipalities, the public
the contract for the provision of subsidies or repayable financial assistance and its
additions on their notice board in the manner allowing remote access to 30
days from the date of conclusion of the contract or its appendix. Public contract
for the provision of subsidies or repayable financial assistance of up to 50 000 Eur
will not be published; If the conclusion of the appendix to the contract will be governed by public law
subsidies or repayable financial assistance raised over $ 50,000,
the provider shall publish the public agreement and its appendix on your
the official board manner allowing remote access within 30 days from the date of
the conclusion of the Appendix. Public service agreement, including the appendices must be
published at least for a period of 3 years from the date of publication.
(2) the provider, which is a volume of municipalities, shall publish the public contract
for the provision of subsidies or repayable financial assistance and its additions to
the official cover of the member municipalities manner allowing remote access to the
30 days from the date of conclusion of the contract or its appendix. Public
the contract for the provision of subsidies or repayable financial assistance of up to 50
USD shall not be published; If the conclusion of the appendix to this public
the contract will be grants or repayable financial assistance increased over 50 000
CZK, municipalities shall be published by the public service contract, and an appendix on
official boards of member municipalities in a way that allows remote access to the
30 days from the date of the conclusion of the Appendix. Public service agreement, including appendices
must be published at least for a period of 3 years from the date of publication.
(3) If a mandatory contract governed by public law or its published
Appendix information that are under special legislation ^ 23)
excluded from disclosure, it shall publish the contract or its supplement without
information excluded from disclosure, including the reason for exclusion.
From the publication of the data are excluded, of which it provides directly
applicable regulation the European Union ^ 24).
PART THREE
BUDGET PROCESS
§ 11
Drawing up the budget of the local government unit
(1) a territorial self-governing unit draws up its annual budget in the
following up on its budget and on the basis of the breakdown of the
valid state budget or the budget of temporaries, which
and the State budget determines its) relations to the budgets of regions or
of individual municipalities,
(b) the budget of the region determines its) relations to the budgets of the municipalities in the region.
(2) in the case that any local government unit involved in the implementation of the
programme or project co-financed from the EU budget,
the budget for the calendar year to contain fixed
the volume of financial resources assigned for co-financing
program or project of the European Union.
(3) any local government unit shall publish their draft budgets for
at least 15 days before the date of its consideration at a meeting of the Municipal Council
territorial self ^ 10) on my official Board and way
allowing remote access. On the notice board can be a budget proposal
published in a narrower range, which contains data on income and
expenditure of the budget in sorting by top units type sorting
the budget of the song. Manner allowing remote access shall be published
the full text of the draft budget. Comments on the draft budget of the citizens can
the relevant territorial self apply either in writing within
as set out in its publication, or orally in the hearing on the
meetings of the Council.
§ 11a
The publication of the draft budget of the Regional Council of the cohesion region
The Regional Council of the cohesion region publishes its budget after
for at least 15 days before the date of its consideration at a meeting of the Committee
The Regional Council of the cohesion region on its Bulletin Board and in the manner
allowing remote access. On the information Board may be
the budget published in the narrower range, which contains data about the
the revenue and expenditure of the budget in sorting by top units
type classification of budget of the song. Manner allowing remote
access is published the full text of the draft budget. Comments on the draft
the budget of the region's citizens, whose territory is delimited by the region
cohesion, apply in writing within the time limit set in its publication.
§ 12
Budget structure
(1) the budget of the local government unit and budget volume village
handles in the sort by budget tracks laid down by the
The Ministry of finance Decree.
(2) the authorities of territorial self and the authorities of the municipalities of volume
discuss the budget when it is approved in the sort by budget
songs to the approved budget of the embodiment of binding indicators
to compulsory control
and) executive authorities of the local government unit and volume of municipalities in
management of the budget,
b) legal entities established or incorporated in the scope of the territorial
Government Unit in its management,
(c)) the scope of legal entities established in the communities, volume
(d)) the next person to be the recipients of grants or contributions from the
the budget.
section 13 of the
Taxpayers
(1) if the budget is not approved before 1. before 1 January of the financial year, be governed by the
budget management of local government unit or volume of municipalities
at the time of the approval of the budget the budgetary stopgap.
(2) the rules of budgetary temporaries needed to ensure continuity of
management at your own level and at the level of the lower levels of the budget
system and for legal entities financed from local budgets down
and for the management of the County) County,
(b) the Municipal Council of the municipality for the management) of the village,
(c)) the authorities of the municipality for the management of volume the volume of the municipalities.
(3) the budget revenue and expenditure effected at the time of the budget
temporaries are becoming the revenue and expenditure of the budget after its approval.
§ 14
A breakdown of the budget
(1) after the approval of the budget in the Assembly local government unit
the volume of the municipalities and authorities his breakdown performed without delay.
(2) part of the breakdown of the budget the budget is binding communication indicators
those entities are obliged to follow them.
(3) when the breakdown of the budget the budget broken down by detailed budget
the song.
§ 15
Management and control of the budget
(1) a territorial self-governing unit, and the volume of its municipality financial
management in accordance with the approved budget and shall exercise control of its
management under special legislation governing the financial
control in the public administration ^ 10a) for the entire financial year.
(2) a territorial self-governing unit, and the volume of the municipalities shall exercise control
established by management or based legal entities.
section 16 of the
Budget changes
(1) the budget after its approval may be changed due to
and changes in the organisation of the economy) funded by the budget (organizational
the change)
(b)) changes to the legislation affecting the level of budgeted income
or expenditure (methodological changes); They also include the price changes of
affected by changes in the legal regulation of regulated prices, or
(c)) changes affecting the fulfilment of the objective facts of the acting
budget revenue and expenditure (material change).
(2) the change in the budget shall be implemented by the budgetary measures. Budget
the measures are recorded according to the time sequence. The budgetary measures are
be made compulsory, even if the changes in the financial relations to
another budget, about changes to the mandatory indicators towards other persons or
If the risk of the budget deficit.
(3) the budgetary measure is
and move the budget) in which the individual income or
costs influence one another, without changing the total volume or
the difference of the total approved revenue and expenditure,
(b)) the use of new, unforeseen budget revenue to pay for the new,
budget expenditure, which will not increase the total amount of the budget,
c) binding of budgetary expenditure, if their coverage is compromised
lack of budgetary revenue; by that measure, the volume of budget
decreases.
(4) the budget of the measures is carried out before making the budget-
unsecured items of expenditure. After you perform the budget-unsecured expenditure can be
budgetary measures only when a natural disaster or accident
threatening the lives and property, in the performance of the monetary obligation imposed
a final decision, in receipt of subsidies before the end of the calendar
year or if the financial resources in accordance with § 28 para. 12.
§ 17
The final account
(1) after the end of the calendar year, the annual management
local government unit and volume of municipalities collectively to
the final account.
(2) in the final account contained data on the implementation of the budget of revenue and
expenditure in its budget breakdown of the song, the information concerning the management of
assets and other financial operations, including development and use of
money funds in such detail and content, in order to
to assess the financial management of local government unit and volume
municipalities and established by them or based legal entities.
(3) included in the final statement of the account is the financial relations to
the State budget, budgets of regions, cities, public funds, National
Fund and other budgets, and to other people.
(4) a territorial self-governing unit, and the volume of the municipalities are obliged to give your
review their management for the previous calendar year. ^ 11) review
management adjusts special legislation. ^ 11b)
(5) report on the outcome of the review is part of the final
account in its discussions in the bodies of the local government unit and
the volume of the municipalities.
(6) the local Government shall publish a draft of the final unit account
including reports on the outcome of the review of management ^ 21) for at least 15
days before his hearing at a session of the Municipal Council of territorial
Government Unit ^ 10) on its notice board, and in a manner allowing
remote access. On the official Board proposal for the final account can be
published in a narrower range, which contains data on the implementation of revenue
and expenditure of the budget in sorting by top units type sorting
the budget of the song and the conclusion of the report on the outcome of the review of operations.
Manner allowing remote access exposes the full text of the proposal
the final account, including the full report on the outcome of the review of operations.
Comments on the draft final account of the respective territorial citizens can
Government Unit applied in writing within the time limit laid down in the
publication, or orally in his discussion at the meeting
the Municipal Council.
(7) a Discussion of the final account is concluded by expressing
and with year-round activity) the consent, without reservation, or
(b)) the consent, with reservations, on the basis of which the municipality shall adopt
whole villages and the measures needed to correct the errors and
weaknesses; in so doing, draws conclusions against persons that Act
territorial samosprávnému unit or caused a bunch of communities.
§ 17a
The publication of the draft final account of the Regional Council of the cohesion region
The Regional Council of the cohesion region will publish a draft of the final
account, including reports on the outcome of the review of management ^ 21) for
at least 15 days before the date of its consideration at a meeting of the Committee
The Regional Council of the cohesion region on its Bulletin Board and in the manner
allowing remote access. On the information Board may be
the final account published in a narrower range, which contains at least
data on the implementation of revenue and expenditure of the budget in sorting according to the highest
units type sorting songs and the conclusion of the budget report of the result of
review of operations. Manner allowing remote access to
exposes the full text of the draft final account, including the full message about
outcome of the review of operations. Comments on the draft final account
can citizens of the County whose territory is delimited by the cohesion region,
apply in writing within the time limit set in its publication.
section 18
The time use of the budget
(1) in the implementation of the budget shall include only such income, which have been
actually received, or such financial operations that have been carried out
in the calendar year.
(2) to implement expenditure are classified only such drawing funds that
took place in the calendar year.
(3) for the inclusion of income or expenditure in the implementation of the budget in a calendar
the year is a decisive date of crediting or debiting of funds to
Bank accounts.
(4) a territorial self-governing unit, and the municipalities may accept or
advances on the substantive performance of the contracts, which will take place in
the following year.
(5) a territorial self-governing unit, and the volume of the municipalities shall determine the applicability of the time
subsidies or contributions from its budget to beneficiaries, and it
as a rule, the period until the end of the financial year or even until a later
the term, if it corresponds to the purpose of the funds provided.
§ 19
Purpose of the budget appropriations
(1) the Purpose of the budgetary resources shall be determined
and individually in relation to) a particular task,
b) sector in relation to the needs of the sector, or
(c)) in relation to the needs of territorially defined territory or a part thereof or
space.
(2) a territorial self-governing unit, and the volume is obliged to respect the purpose of the
the use of budgetary resources, which results
and the purpose of the subsidies received) from the State budget, State funds,
National Fund or from another of the territorial budget, or
(b)) of the contracts under which accepts the special budget
resources from other people, including special-purpose donations, contributions or loans.
section 20
Return of unused budget funds
(1) budget funds local government unit or volume of municipalities
unused by the end of nepropadají, but are transferred to the next year.
Their purpose is possible while maintaining.
(2) as an exception to the provisions of paragraph 1 are unused assigned and time
designated grants or contributions that are required after the provider
of charge and any unused funds go back. Returned by the
budgetary resources are an expense of the year when it will take place.
(3) the local government unit and municipalities may provide
of its own budget resources to others requesting a return on
unused appropriations referred to in paragraph 2. Returned by the
budgetary resources are in this case, the income of their budget in the
year in which to return them there.
section 21
Compensatory cash operations
(1) the compensation operations to the data on the implementation of the budget to be classified
a) returned by the advances received and returned illegally accepted cash
resources, and in the same amount, but in a negative value of the revenue of the same
of the financial year,
(b)) return payments on account and returned unlawfully cash
resources, and in the same amount, but in a negative value of the expenditure of the same
of the financial year.
(2) in accordance with paragraph 1 shall be applied also in the case
a) that the financial year there is a mutual compensation made
expenditure between the persons managing the budget, or
b) if budget arranges relationships between higher
degree and lower budgets.
section 22
Violation of budgetary discipline
(1) violation of the budgetary discipline is of any unauthorized use or
retention of funds provided as grants or repayable
financial assistance from the budget
and) territorial self,
(b)) District of the city of Prague,
(c)) of the Regional Council of the cohesion region, or
(d)) of the volume.
(2) unauthorized use of funds referred to in paragraph 1 is
their use, which was broken by the obligation laid down by the legal
Regulation, directly applicable European Union law, public law
Agreement, or in the provision of funds under the Special
^ law 22). The date of violation of budgetary discipline is the day on which they were
provided funds to illegally used or the date of their
crediting an account of the recipient of the subsidy granted retroactively. For any unauthorised
the use of the funds referred to in paragraph 1 shall be deemed to include
and) infringement that is associated with the purpose for which they were cash
funds were made available, provided for by the law, directly applicable
Regulation of the European Union, a public contract or grant
of funds under a special legal regulation ^ 22), to which
occurred after the crediting of funds to the payee's account,
(b) the breach of the obligations laid down in) (a)), which occurred before
crediting of funds to the account of the payee and which at the date of crediting of the
It takes; day of crediting the account of the payee is deemed to
day violation of budgetary discipline,
(c) unless the recipient) of the funds, how were these resources
used.
(3) the Retention of funds referred to in paragraph 1 is a violation of
repayment obligations in a timely fashion; on the date of
violation of budgetary discipline in this case is the day following the date on
that deadline passed in vain for repayment
resources.
(4) a natural or legal person who violated budgetary discipline, it is
required to carry out removal for violation of budgetary discipline in the budget, from which
the funds were made available to her.
(5) the unauthorized use of funds referred to in paragraph 2 the sentence
the first, or in accordance with paragraph 2 (a). (c)) or detention of cash
the funds referred to in paragraph 3 corresponds to the discharge for violation of budgetary discipline
the amount of unlawfully used or withheld funds. Charges for
violation of budgetary discipline, when you use the same subsidies or repayable
financial bailout are added together, with the exception of charges for violation of the budgetary
discipline a violation of the rules for the award of public contracts. To infringements of the
the rules for the award of public contracts will be saved in the amount of exhaust
constitute a violation of these rules to the same contract, unless otherwise provided by
public service contract for the provision of funds differently. When
unauthorized use of funds referred to in paragraph 2 (a). and)
or (b)) corresponds to the outlet for violation of budgetary discipline the amount provided by the
resources, unless in accordance with the public contracts for the provision of
funds for the violation less serious obligations saved pursuant to §
Article 10A(1). 6 lower exhaust. In violation of several less serious
duties, charges for violation of budgetary discipline added together, unless the
public service contract. Charges for violation of budgetary discipline can be
save only to the amount of money provided by the date of violation
budgetary discipline. Suspected violation of budgetary discipline can
the provider of funds to suspend their provision, up to and
to the amount of the intended removal. If the competent authority referred to in paragraph 9
or 11 stores outlet for violation of budgetary discipline, in the
that from the saved will be paid only the amount of levy equal to the difference between the
stored and dispersal of funds not provided due to
suspected breach of budgetary discipline. If the competent authority in accordance with
paragraph 9 or 11 exhaust is not saved, the provider of funds
will provide the suspended funds to the recipient.
(6) the provider shall in writing ask the beneficiary for the implementation of measures to
remedy ^ 10a) in by the deadline, if it considers, on the basis
inspection findings ^ 10a), the recipient of the subsidy violated the less severe
the condition pursuant to § article 10A(1). 6, for which it was granted and in which the subsidy
the provider stated that its failure will be less affected by the levy,
than the total amount of the subsidy and whose nature allows redress
the replacement period. In the extent to which the beneficiary has carried out measures to
remedy, that there was no violation of budgetary discipline. The provider
shall in writing ask the beneficiary to return the subsidy, or a part thereof in the
the time limit, if it finds, on the basis of the inspection, that the recipient of the subsidy
has violated the obligation laid down by a law, which relates to the purpose,
to which they are provided funds to comply with the purpose of the grant or
a condition for which it was granted subsidies, for which you cannot prompt for
the implementation of corrective measures. In so far as the recipient of the subsidy back
or part of a subsidy, does not breach the budgetary discipline.
The challenge for the implementation of remedial measures and call for the repayment of the subsidy or its
part of the beneficiary is not binding. The provider in an appropriate manner
without undue delay informs about the issue of the challenges for the implementation of measures to
remedy, on the issue of invitations to return the subsidy, and about whether the recipient of the subsidy
complied, the authority competent under paragraph 9 or 11 of the decision on
the imposition of levy.
(7) Removal for violation of budgetary discipline shall not be imposed if the total
above for all breaches of budgetary discipline in the use of the same subsidy or
returnable financial assistance shall not exceed $ 1,000.
(8) for delay with removal for violation of budgetary discipline is the one who
budgetary discipline has violated, shall pay a penalty of 1 per mille of the
the amount of levy for each day of delay, up to the amount of
levy. The finance charge shall be calculated from the day following the date on which the
violation of budgetary discipline, to the date of crediting of funds to the
the account of the provider. If the provider decided pursuant to paragraph 5 of the sentence
seventh, the finance charge is calculated from the amount the recipient is liable.
Penalties for violation of budgetary discipline in accordance with paragraph 2 (a). (b)) is calculated
from the day following the date on which the recipient of the levy on the basis
payment assessment. Periodic penalty payments in individual cases
shall not exceed $ 1,000, will not be saved.
(9) the imposing a levy and penalties referred to in paragraphs 4 to 8, for the violation of
budgetary discipline is decided in a separate scope
and) near the village of municipal office,
(b)) in the city district of the city of Prague City District Office
(c)) in the capital city of Prague, Prague City Hall
(d)) at the edge of the regional authority.
(10) the decision referred to in paragraph 9 (a). and) review the delegated
the scope of the regional office under a special legal regulation ^ 1),
decision pursuant to paragraph 9 (b). (b)) review the delegated scope
Prague City Hall under a special legal regulation ^ 14).
Decision pursuant to paragraph 9 (b). (c)), and (d)) shall be examined by the Ministry of
finances. Administrative authority in the appeal proceedings for review of the decision referred to in
paragraph 9, for compliance with the legislation; the decision may
only cancel and stop control, or cancel and thing return to new
consultation of the authority, which issued the ruling, or appeal be rejected and
confirm the decision.
(11) the imposing a levy and penalties referred to in paragraphs 4 to 8, for the violation of
budgetary discipline is decided by the
and the volume of the municipalities) the authority designated by this statutes, or authority which
acting on behalf of municipalities, volume
(b)) in the Regional Council of the cohesion region Office of the Regional Council of the region
cohesion.
(12) the appellate body against the decision referred to in paragraph 11 (a). and) is
Regional Office in by, the relevant volume of the municipalities.
Appeal against the decision of the authority referred to in paragraph 11 (a). (b))
The Ministry of finance.
(13) and periodic penalty payments referred to in paragraphs 4 to 8, you can save up to 10 years
calculated from the 1. January of the year following the year in which the
violation of budgetary discipline.
(14) a waiver or partial waiver of liability and penalties pursuant to
paragraphs 4 through 8 may, for reasons worthy of special consideration to allow the authority,
that granting of funds decided, on the basis of the written
the application of the person who violated budgetary discipline; for a waiver or partial
waivers shall be decided by the same procedure, in which the provider decided to
the provision of funds ^ 25). Application for remission or partial
a waiver may be made within 1 year from the date of acquisition of legal power
payment of assessment, which was draining or finance charge, for which a waiver is
applied for, meted out. A period of 1 year is not running from the date of
and submission of the proposal on the recovery of) proceedings under the tax code to the day
the final end of the renewed proceedings or until the date of final
rejection of the application for revision,
(b) the initiation of an examination procedure under) of the tax code to the date of the final
the completion of this procedure,
(c) the initiation of proceedings by a court) order administrative actions against
the decision of the tax until the date of final completion of the proceedings, or
until the date of final closure of the proceedings on the complaint.
(15) in the management of contributions and periodic penalty payments referred to in paragraphs 9 and 10 shall be treated
According to the tax code. The infringer of budgetary discipline has to manage contributions for
violation of budgetary discipline, the position of the tax subject.
(16) any local government unit provides on-demand information obtained
When you manage the dues for violation of budgetary discipline the appointing
check these appropriations.
§ 22a
Administrative offences
(1) a territorial self-governing unit, villages, the city of the capital city
City or Regional Council of the cohesion region is committed by the administrative
tort by
and) contrary to section 2 (2). 1 does not process the financial perspective,
b) contrary to section 10 c of paragraph 1. 1 to disclose the program,
c) contrary to section 10 d of paragraph 1. 1 and 2 will not disclose a public Treaty
the provision of subsidies or repayable financial assistance, including appendices,
(d)) in violation of § 13 para. 1 nehospodaří according to the rules of the financial
temporaries,
(e)) does not make changes to the approved budget pursuant to § 16 para. 2,
f) budget processes in violation of § 12 para. 1,
g) contrary to section 14 does not make a breakdown of the approved budget,
h) contrary to section 15(1). 1 does not exercise control of its management, or
I) contrary to section 17 para. 4 does not provide review of its financial performance for the
the previous calendar year.
(2) any local government unit or the urban part of the city of Prague is
committing an administrative offense by that, contrary to
and § 11 (1)). 2 processes and approve the budget,
(b)) § 11 (1) 3 will not disclose the budget proposal, or
c) section 17(2). 6 proposal to disclose the final account.
(3) the Regional Council of the cohesion region committing an administrative offense
Thus, contrary to the
and § 11 (1)). 2 processes and approve the budget,
(b)) § 11a will not disclose the budget proposal, or
(c) to disclose § 17a) proposal for the final account.
(4) the Volume of the municipalities of committing an administrative offense by that, contrary to
and § 39 para.) 3 processes and approve the budget,
(b)) § 39 para. 4 will not disclose the budget proposal, or
(c) section 39 paragraph 2.) 6 proposal to disclose the final account.
(5) an administrative offence under paragraphs 1 to 4 shall be fined up to 1,000
000.
section 22b
Common provisions
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine to take account of the seriousness of the administrative
offense, in particular, the way a criminal offence and its consequences and to
circumstances in which it was committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
the administrative authority has commenced proceedings about him within 2 years from the date on which it
learned, but no later than 4 years after the date on which it was committed.
(4) administrative offences under this Act, which committed a municipality or
voluntary villages is not a member of the capital city of Prague, in the first
the degree of hearing in by the regional office, in whose administrative
the circuit is a village located or whose administrative district is voluntary
villages is situated. Administrative offences under this Act, which
committed by the urban part of the city of Prague, in the first instance hearing
the scope of the Prague City Hall.
(5) administrative offences under this Act, which committed the region,
The Regional Council of the cohesion region, the capital city of Prague or voluntary
villages, is a member of the capital city of Prague, in the first instance
discusses the Ministry of finance.
(6) the Fines collected and enforced by the authority that is saved. Income from fines is
budget, income from which is covered by the activity of the administrative authority which
the fine imposed.
PART FOUR
THE ORGANIZATION OF TERRITORIAL SELF-GOVERNING UNITS
Article 23 of the
Types of organizations, territorial self-governing units
(1) a territorial self-governing unit can in its powers to carry out its
tasks, in particular to the economic exploitation of their property and to secure
public benefit activities
and set up your own business folder) as your devices without legal
personality,
(b)) to establish contributory organization as a legal entity, that
as a rule, in its activities do not create profit,
(c) to establish a commercial company) ^ 15) and public limited liability companies and the
limited liability company,
(d)) post of the Constitution by a special Act ^ 16),
(e) establish education legal entity) according to a special legal
prescription ^ 16a)
(f)) to establish public research institutions under a special law ^ 16b).
(2) a territorial self-governing unit can, together with other persons, State
participant (shareholder) of the activities of other persons, in particular marketing
companies or non-profit companies, whose activities are
involved in their property including money.
Organizational units of territorial self
section 24
The emergence of organizational components territorial self
(1) of the local government unit (hereinafter referred to as
"organizational unit") is formed by decision of the Municipal Council of territorial
Government unit. The branch manages on behalf of its
the founder, and is not an entity. This form of their chosen management
territorial self-governing unit for such activities, which
and do not require a large number of employees),
(b)) do not need a complex and extensive machine or other technical equipment,
(c)) are not inherently sector organizationally or otherwise broken down,
(d)) do not enter into the complex economic or legal relations.
(2) Workers are employees of the departments of the founder, if
the special law does not provide otherwise.
(3) the founder of the Foundation shall be appointed by the head of the branch to determine its rights and
obligations.
§ 25
Management of organizational units
(1) a territorial self-governing unit has included in its budget any
the revenue and expenditure of its organizational components. Budget business folder
It is part of the budget of its founder. The branch is required to
to ensure that income was provided for in the budget and meet the designated tasks
the most cost effective way.
(2) a territorial self-governing unit gives permission to disposition with the budget
organizational folder both his Office and also as needed
responsible to the head of the organizational units. When the Division of these permissions
is based on the local conditions of activities of the organizational units, taking into account
the nature of the tasks which through its organizational folder
secures.
(3) the organizational folder transfers only with permission to dispose of the founder
such funds, which are related to its normal,
regular activities, it is necessary to ensure no longer operationally. These
resources provides the organizational folder in the form of operating system installer
cash advances or the establishment of a current account with the Bank.
(4) If the founder has delegated at the organizational folder permissions have
with the funds, the head of this branch is responsible for the
management, cash management services, and completeness of the supporting documents for the accounting
records of the founder.
(5) the branch is required to remit to the backup operation after completion
the period for which it was granted, and not later than 31 December 2006. December
of the financial year.
(6) the founder may instruct its organizational folder selecting certain
budgetary revenues from its activities. Organizational unit this revenue
selects either in cash or with your current account. From the selected
revenue shall not pay expenses of organizational unit.
(7) the Budgetary revenue is the organizational component liable to pay on account
its governing body no later than the end of each month.
(8) the cash economic progress leads the branch in cash
journal in the full budget breakdown of the song. Data from money
the journal shall be transferred to the budget of revenue and expenditure of the founder, in his
in due time, at least on a monthly basis and at the latest before the end of the year.
(9) included in the backup is the organizational component required to return
founder in his due time, and at the latest before the end of the year.
(10) the Establisher of property management is entrusted to the checks and
funds business folder.
section 26
Founding Charter organisational units
About the formation of the organizational units of the instrument of incorporation, shall issue an education which
must contain the
and the full name of the founder); If it is a village, its inclusion
in the County,
(b) the name and registered office) business folder; the name must exclude the possibility
confusion with the names of other organizational components of the founder,
(c)) definition of the purpose and the corresponding scope of activities,
(d) the designation of the persons authorized to Act) for organizational folder
e) definition of the property owned by the founder, if the Organization
the passes to the Administration for its own economic recovery,
(f)) definition of such property rights that will enable organizational folder
to the assets entrusted under subparagraph (e)) could be used for the purpose of properly,
for which it was established, and in the context of the defined powers with care,
g) heading budget revenue and expenditure related to its founder
activities which the founder confides within its scope, and the way they
use, unlike the rest of the revenue and expenditure of the Organization
folders that founder on its tracks by budgetary management
tracks and secures it in your budget,
h) how the keeping of separate accounts of revenue and expenditure
organizational folder assigned to it within its scope pursuant to subparagraph (g)),
where applicable, the establishment and use of a separate bank account, and
the way the Bill funds tracked on this account and or. also
method of determining and accounting of advances provided on billable
its operating expenses,
I) the definition of the period for which the branch is established.
Contributory organization of territorial self-governing units
section 27 of the
The establishment, changes and cancellation of the contributory organizations
(1) a territorial self-governing unit establishes a contributory Organization for such
in its scope of activities, which are usually non-profit and whose
the scope, structure and complexity requires a separate legal personality.
(2) the Establisher shall issue of contributory organization formation deed
that must include
and the full name of the founder), is where the municipality, also its inclusion
in the County,
(b) the name, address) contributory organization and its identification number;
the name must exclude the possibility of confusion with the names of other contribution
organisations,
(c)) the definition of the main purpose and the corresponding scope of activities,
(d)) mark statutory bodies and the way they act on behalf of the
the Organization,
e) definition of the property owned by the founder, that contributory
the Organization passes to farming (hereinafter referred to as "fiduciary"),
(f)) the definition of rights, which will allow the Organization to be entrusted to the asset
to fulfil the main purpose for which it was established; in particular, it shall specify the rights and
obligations connected with its full effective and economically efficient
use with care on its protection, development and the improvement of the conditions for its
an additional investment construction, further rules for the production and sale of
the goods, if they are the subject of the activities of the Organization, the rights and obligations
associated with renting out the entrusted property to other entities, and
Similarly,
g) circuits, building on the complementary activities the main purpose of the contributory
the Organization, which enables the founder, in order to make better use of
all its economic capability and expertise of its employees; This
the activity must not interfere with the performance of the main purpose of the Organization, and track
separately,
h) the definition of the period for which the organization is established.
(3) an organization makes to the extent of assets entrusted to the
provided for by the Charter of incorporation.
(4) an organization acquires assets for its founder,
unless otherwise provided by this Act. The founder may determine in which
cases, the acquisition of such property to be its prior written
consent.
(5) to their ownership of an organization may acquire only
assets necessary for the performance of the activity for which it was established, and it
and can transfer) from its founder,
(b)) the gift with the prior written consent of the founder,
(c)) by inheritance; without the prior written consent of the founder is
an organization shall not refuse, or heritage
(d)) in another manner based on the decision of the founder.
(6) if the assets that an organization has taken to
their ownership under paragraph 5 (b). and it permanently), unnecessary,
preferably it will offer free of charge the founder. Unless the founder
a written offer, the contribution of the Organization to its prior
written consent from property transfer to the ownership of other persons under the conditions
laid down by the founder.
(7) to develop, to split, merge, merging, or cancellation of the contributory
the organization occurs on the date designated by the founder in the decision whether or not
determine the extent to which passes its property, rights and liabilities to the new
or receiving organization. If the founder of the cancellation
the Organization, the expiry of the date referred to in its decision on the
the cancellation of its property, rights and obligations of the founder. To merge or
fusion of subsidized organizations may only occur in defined benefit
organizations of the same founder.
(8) the information referred to in paragraph 2 and the fact pursuant to paragraph 7 shall be published
in the official journal of the Czech Republic. The founder is obliged to notify the
The Central journal of the United States within 15 days from the date on which the said
the fact occurred.
(9) the Establisher of management checks the subsidized organizations.
(10) an organization shall be entered in the commercial register; a proposal from the
on writing serves the founder.
section 28
Financial management organizations
(1) an organization operate with funds obtained
custom activities, and with funds from the budget adopted their
of the founder. Furthermore, it is running its funds, with cash donations
from natural and legal persons, including money
provided from the National Fund and from abroad.
(2) an organization also is running
and with subsidies to cover) operating expenses, which are, or are to be covered
the budget of the European Union, including the stated share of the State budget
the financing of this expenditure,
(b) subsidies to cover) operating expenditure under international treaties on
the basis of which the Czech Republic entrusted funds from
the European economic area financial mechanism, from a financial
mechanism of Norway and Switzerland-Czech cooperation programme.
(3) if the funds granted under paragraph 2, do not consume the
end of the calendar year, are transferred to the reserve fund as a source of
funding in subsequent years, and may be used only
the purpose of the. Reserve these resources separately. Resources,
that have not been used for the intended purpose, are subject to the financial settlement
the State budget for the year in which it was fulfilled the purpose for which the
the subsidy is granted.
(4) the founder of the Foundation for the operation of your contribution provides contributory organization
as a rule, following the performance, or other criteria to its needs.
(5) If an organization produces in its complementary activities
gain, it can only be used for the benefit of its core activities; founder
can an organization enable another use of this resource.
(6) the Contributory organization can save its founder chip to their
the budget, if
and its planned revenues exceed) the planned costs, as
a binding budget indicator, or
(b)) the investment resources are greater than their need for a use referred to in
the decision of the founder.
(7) an organization commits a violation of budgetary discipline by
and financial resources) that it receives from the budget of your
the founder, in violation of the requirements provided for the purpose,
b) converts to their money Fund more financial resources than
provided by law or than the founder, decided to
(c)) it means their money Fund to another purpose, or in any other
When piece measures than provided for in this Act or other legislation,
d) uses its operating funds for the purpose, to which should be used
its cash resources of the Fund under this Act,
e) exceeds the fixed or the permissible amount of funds for salaries, if
This is until 31 December 2006. December she from her pool of rewards or
(f)) does not make the levy referred to in paragraph 6 within the time limit laid down by the founder.
(8) for violation of budgetary discipline stores founder contributory
Organization to its budget in the amount of improperly used
resources, and at the latest within 1 year from the date on which the breach of the budgetary
discipline found, but within 3 years from the date on which the breach of the budgetary
discipline has occurred.
(9) the founder can prevent a hardness to reduce or waive the
discharge for violation of budgetary discipline on the basis of a written application
contributory organisations administered within 1 year of the imposition of levy.
(10) the provisions of paragraphs 7 to 9 do not apply to violations of budget
discipline in the management of resources provided by the contributory organization of
the budget of the founder that the founder has received from the State budget, from the
the budget of the State Fund, the budget of the Regional Council of the cohesion region
or from the National Fund for the purpose, that is, on the basis of their decision
provide legal or natural person. In this case, proceed
under section 22.
(11) the relationship of the budget allowance organizations to the budget of the founder can be
during the year change to the detriment of subsidized organizations only for serious,
objectively acting causes.
(12) unless otherwise provided by special law to the contrary, the budget of the founder
mediates the relationship of subsidized organizations to the State budget, to
the budget of the Regional Council of the cohesion region, and to the National Fund;
If it is a contributory organization established by the municipalities, also to the regional budget.
section 29
Monetary funds of organizations
(1) an organization consists of these cash funds:
a) Reserve Fund,
(b) Investment Fund)
(c)) the Fund rewards
(d)) the Fund for cultural and social needs.
(2) Cash Balances of funds after the end of the year will be transferred into the
the following year.
section 30
Reserve Fund
(1) the reserve fund is formed from the improved operating results
contributory organization based on its approval after the founder of the above
the end of the year, less any transfers into the Fund. Improved
profit contribution of the organisation is created if
actual revenue its financial performance, along with the adopted operating
the contribution is greater than its operating costs. The Division improved
the financial results to the Reserve Fund and to fund the remuneration approved
founder. The source of the reserve fund may also be cash donations and
appropriations carried over in accordance with § 28 para. 3.
(2) a reserve fund, except for the purpose of cash donations and
appropriations carried over in accordance with § 28 para. 3, uses the contribution
Organization
and) to further develop its activities,
(b)) to the time bridging a temporary mismatch between income and expenses,
(c)) to be paid to any penalties imposed for violations of her budget
discipline,
(d)) to cover its losses in previous years.
(3) the Assigned designated monetary donations shall be used in accordance with their intended purpose.
(4) the founder of the contributory organization can give consent to part
their reserve fund, except for the purpose of cash donations and
appropriations carried over in accordance with § 28 para. 3, used to strengthen its
the Fund's investments.
section 31
Fund investments
(1) the Fund investment creates an organization to finance its
investment needs. Its source is
and the funds in the amount of) depreciation of tangible and intangible fixed
asset ^ 4) carried out in accordance with the approved plan, the founder of the depreciation
(b)) investment budget contribution of the founder,
c) investment subsidies from public funds and other public budgets,
d) revenues from the sale of tangible fixed assets held, if
According to its founder's decision to admit
e) cash donations and contributions from other entities, if they are specified or
applicable to investment purposes,
f) receipts from the sale of tangible fixed assets owned
contributory organization
g) transfers from the reserve fund in the amount of permitted founder.
(2) the Fund investment allowance organizations is used
and the acquisition and technical) assessment of tangible and intangible
the fixed assets, with the exception of small material and immaterial
fixed assets,
(b)) to pay for the investment loans or loans,
(c)) in the budget for the founder, if such a removal order,
(d)) to increase the funds intended to finance the maintenance and
repair of assets that an organization uses for its activity.
(3) to cover investment needs can be used with the consent of the founder
whether or not the investment credits or loans.
§ 32
The Fund rewards
(1) the Fund is formed from the improved profit contribution
Organization, and it to the level of its 80%, up to 80% of the volume of
resources for salaries set by the founder or a particular legal
Regulation, and cash donations targeted on salaries.
(2) the transfer of funds to fund the remuneration approved founder.
(3) compensation shall be paid from the Fund the remuneration to employees. Preferably from the Fund
the remuneration shall be paid by any possible exceeding of the established amount of the funds for salaries.
§ 33
Cultural and social needs Fund
(1) cultural and social needs Fund is made up of a basic allocation
expenses an allowance organization of the annual volume of costs
posted on the salaries and allowances of salaries or wages and compensation of wages
and remuneration for stand-by duty, remuneration and other transactions
as you work.
(2) the cultural and social needs Fund is replenished in advance of the annual
the planned amount in accordance with its approved budget. Expense report
the actual base of the allocation shall be made in the financial statements.
(3) the cultural and social needs Fund is made up of assurance
cultural, social and other needs and is determined by the staff in
the proportion of the contribution the Organization, secondary vocational students
schools and training institutions, internal scientific aspirantům, pensioners, who, during the
the first retirement or invalidity pension for
third-degree invalidity at the subsidized organizations, where appropriate,
family members of employees and other natural or legal
persons.
(4) other income, the amount of the creation and management of the Fund of cultural and
social needs of the Ministry of Finance shall lay down by Decree.
§ 33a
cancelled
section 33b
Catering and food services
Catering provides an organization in your own
canteen facilities or through other legal
persons, natural persons or organizational units of the State for their staff,
students of secondary vocational schools or special vocational schools,
vocational schools and training institutions, if not their meals will be provided
under special legislation, students and scientific
aspirantům for their activities in the contributory organization, if it is not
their meals will be provided under special legislation.
An organization may, in accordance with the collective agreement to secure
catering in your own catering facilities also pensioners,
who worked at retirement, and staff involved in the
contributory organization on the basis of agreements on work performed outside the
the employment relationship. An organization can provide racing
catering also to citizens, which is committed to the Treaty on the
competitive eating with the other legal person, natural person or
an organizational component of the State and employees of other employers who
they are on a business trip for her or for her otherwise engaged. The cost of racing
eating and their remuneration adjusted by a decree of the Ministry of finance.
§ 34
Grants, loans and liability of contributory organization
(1) an organization is entitled to enter into the loan agreement ^ 5)
or the credit ^ 6) only with the prior written consent of the founder. This
consent is not required in the case of loans to employees of the Fund for cultural
and social needs. To temporarily cover their needs can obtain from
its founder repayable financial assistance if its return
secured its revenues for the current year, but not later than 31 December 2006. March
the following year, unless the establisher of a longer period.
(2) an organization may be liable for the obligations of third
people, or otherwise provide.
§ 35
Buying on the installment of the příspěvkovými organisations
An organization can take things by buying or
the contract on the lease of purchase only upon prior written consent of the
of the founder.
section 36
Management of securities příspěvkovými organisations
An organization is not entitled to buy shares or other securities
the papers. Receive them as consideration for their claims against the other
entities shall be entitled to only with the prior written consent of the founder.
An organization may not issue or accept bills of Exchange or be
Bill of Exchange by the guarantor.
§ 37
The provision of the gifts of příspěvkovými organizations
An organization is not empowered to provide donations to other entities,
with the exception of the usual cash or donations in kind to its employees and
other persons from your Fund for cultural and social needs, and with the exception of
procedure referred to in section 27 para. 6.
§ 37a
The establishment and the establishment of legal persons
An organization may not
and to establish or set up) of a legal person,
(b)) to have a shareholding in a legal person constituted or established
the purpose of the business.
§ 37b
Prior consent of the
(1) the prior consent of the governing body under this Act, or if the
so the founder under § 27 para. 4, shall be granted only for one
legal proceedings and its components, with the exception of a monetary donation to the assigned
undetermined, to whose adoption can founder grant prior approval
common to several legal proceedings. If there is no previous approval is granted, the
legal act shall be disregarded.
(2) pending the legal act takes effect, the prior consent of the
In addition to appeal, if, after the grant of substantial emerge
facts for decision to grant prior approval, that have not been
known at the time of decision-making, and should the outcome of the decision, a significant
effect.
(3) If the founder's contributory organization allocates the granting
prior consent to the acquisition of property under § 27 para. 4, is required to
report this fact in the official journal of the Czech Republic.
PART FIVE
VOLUME MANAGEMENT COMMUNITIES
§ 38
Asset volume of municipalities
(1) the volume of the municipalities manage the property, which on its own assets
relating to the volume of the municipalities of its member municipalities according to the statutes of the municipalities, the volume ^ 18)
and with the property, which has acquired its own activities.
(2) the assets embedded into the farming communities of the municipalities of the volume remains in the
the ownership of the village. Authorities of the municipalities of volume it handled in accordance
with proprietary rights, that a member municipality was transferred according to the statutes
the volume of the municipalities. Property rights to own assets that are
reserved to the municipal corporation, ^ 19) cannot be converted to the authorities of the volume
municipalities.
§ 39
Financial management volume of the municipalities
(1) the volume of the municipalities manage their budget (section 4).
(2) the content of the budget bunch of communities are its revenues and expenses resulting
of its activities in accordance with its statutes.
(3) in the event that the volume of the municipalities involved in the implementation of the programme or
project co-financed by the European Union budget, the
the budget for the calendar year contain a defined volume
financial resources assigned for the co-financing of the programme
or project of the European Union.
(4) the Volume of the municipalities shall publish its draft budget for at least 15 days
before the date of its consideration at a meeting of the competent authority of the volume of the municipalities
on the official boards of the member municipalities and manner allowing remote
access. On the official boards may be the draft budget published in the strict
the range that contains at least the data on income and expenditure of the budget in
sort by highest units the species classification of budget of the song.
Manner allowing remote access exposes the full text of the proposal
the budget. Comments on the draft budget of the citizens can member municipalities
apply in writing within the time limit set out in its publication, or orally in
the discussion at the meeting of the competent authority of the volume.
(5) the control of the management of the property of the municipality and with the volume of its financial
resources is performed by the authority designated for the statutes of the volume. Reports on the
the results of this check shall present the villages zastupitelstvům
Member municipalities.
(6) the municipality shall publish a proposal by its Volume of the final account, including messages about
the outcome of the review of the management of ^ 21) for at least 15 days before the date of
the discussion at the meeting of the competent authority of the municipalities on the volume
the official cover of the member municipalities and manner allowing remote access.
On the official boards may be a draft of the final account published in the strict
a range that includes at least the information on the implementation of the revenue and expenditure of the budget
in sorting by top units type classification budget
tracks and reports on the outcome of the review's conclusion. Way
allowing remote access exposes the full text of the proposal
the final account, including the full report on the outcome of the review of operations.
Comments on the draft final account can citizens of the member municipalities
apply in writing within the time limit set out in its publication, or orally in
the discussion at the meeting of the competent authority of the volume.
(7) revenue and expenditure account of the volume of the municipalities shall be submitted to the Member zastupitelstvům
municipalities, and immediately after its approval in body volume.
§ 39a
Types of organizations volume of municipalities
(1) the villages, whose activities are the tasks in the field of
education, may set up subsidized organizations and educational law
persons carrying out activities of a school or educational establishment, for the
the conditions laid down by a special law. ^ 19a)
(2) on the establishment, change and cancellation of subsidized organizations referred to in paragraph 1
shall be decided by the highest authority of a bunch of communities, as defined by the statutes; ^ 19b)
the Authority also approved a deed of incorporation subsidized organizations.
(3) other tasks of the founder, if there are articles of the reserved
the Supreme authority of the volume of the municipalities, according to allowance organizations
paragraph 1 of the Executive authority of a bunch of communities, as defined by statutes. ^ 19b)
(4) unless otherwise provided, apply to contributory organization
under paragraph 1, the provisions of § 27-37a, mutatis mutandis.
section 39b
cancelled
PART SIX
TRANSITIONAL AND FINAL PROVISIONS
section 40
Performance of the obligations of the Europe Agreement establishing an association between the Czech
of the one part, and the European communities and their
Member States, of the other part
The provision of financing from the budgets of regions, municipalities or volumes
municipalities under this Act or special legislation must be in
accordance with a special law governing the procedure for the assessment of
the compatibility of public aid to the obligations arising from the European
Agreement establishing an association between the Czech Republic on the one hand, and
The European communities and their Member States, of the other part. ^ 20)
§ 41
Transitional provisions
(1) the present budget of the Organization, to which the function of the founder has
effect of this Act, a municipality, with the effect of this Act become
an organizational component of the municipality. For this purpose, the municipality by decision of the Municipal Council
shall issue a deed of incorporation business folder, and no later than 6 months
from the effective date of this Act. While this organizational change pass
all rights and obligations of budgetary organization in the community.
(2) the provisions of paragraph 1 shall not apply in the event that the municipality so far
budget organization transformed within 6 months from the effective date of this
Act on a contributory organization. In that case it shall proceed in accordance with §
27. This change will be upgrading all rights and obligations of the existing
the budget of the Organization on a contributory organization as its legal
the successor.
§ 42
The effectiveness of the
This Act shall take effect on 1 January 2000. January 1, 2001.
Klaus r.
Havel, v. r.
Zeman in r.
Selected provisions of the novel
Article II of Act No. 561/2004 Coll.
Transitional provision
The provisions of article. I, points 1 to 11 and 13 of this Act shall apply for the first time for the
the 2005 financial year.
Article. (II) Act No. 477/2008 Sb.
Transitional provisions
1. Assets owned at the date of acquisition of the contributory organization
the effectiveness of this law is without prejudice to the provisions of this Act with
excluding the assets transferred free of charge to her founder. With this
the property of the Czech Republic disposed of pursuant to § 27 para. 6 of law No.
250/2000 Coll., in the version in force from the date of entry into force of this Act.
2. the instrument adjusts the provisioning Act Founder No. 250/2000 Coll., on the
the version in force from the date of entry into force of this law, within 7 months from the
the effective date of its effectiveness.
3. Violation of budgetary discipline, which occurred before the date of the acquisition of
the effectiveness of this law, shall be assessed and exhaust, penalties and fines will be saved
According to law No. 250/2000 Coll., in the version in force until the date of entry into force of
of this Act.
4. the procedure for the imposition of levy and penalties or fines for breaches of the budgetary
discipline, initiated before the date of entry into force of this law shall be completed
According to law No. 250/2000 Coll., in the version in force until the date of entry into force of
of this Act.
Article. (IV) Act No. 465/2011 Sb.
Transitional provisions
1. If the payment Bill laying down drainage for violation of budgetary
discipline or penalty for delay with removal for violation of budgetary discipline,
became legally valid until the date of entry into force of this Act, the right to
to submit a request for a waiver or partial waiver of the levy or
finance charge the expiry of 1 year from the effective date of this Act. Period 1
the year is not running from the date of filing the application for a retrial by the date of the final
the end of the renewed proceedings or until the day of the final refusal of the renewal
proceedings, from the date of the initiation of an examination procedure in accordance with the tax code until the day
the final end of the proceedings and the date of the initiation of proceedings pursuant to
Code of civil procedure of administrative actions against a decision of the tax authorities to the day
the final end of the proceedings, or to the date of final completion of
the procedure for cassation complaints.
2. If, before the date of entry into force of this law, the contribution
the organization violated budgetary discipline in the handling of cash
funds provided from the budget of the founder, founder
received from the State budget, the budget of the State Fund, the budget of the
The Regional Council of the cohesion region or from the National Fund for the purpose of
their provision of legal or natural person on the basis of their
the decision and the effective date of this Act was not saved, drainage
saved by law no 250/2000 Coll., in the version in force before the date of application
the effectiveness of this Act.
3. an application under section 28 para. 9 of law no 250/2000 Coll., as amended effective
from the date of entry into force of this Act, concerning the reduction or remission of levy
for breaches of the budgetary discipline imposed by the date of entry into force of this
the law may be made within 1 year from the date of entry into force of this
the law.
Article. (II) Act No. 24/2015 Sb.
Transitional provisions
1. Violation of budgetary discipline, which occurred before the date of the acquisition of
the effectiveness of this law, shall be assessed and exhaust and saved according to the
Law No 250/2000 Coll., in the version in force before the date of entry into force of
of this Act.
2. the procedure for the imposition of penalties for violations and budgetary discipline
initiated before the date of entry into force of this law shall be completed in accordance with
Law No 250/2000 Coll., in the version in force before the date of entry into force of
of this Act.
3. the procedure under section 10 d of paragraph 1. 1 and 2 of law no 250/2000 Coll., as amended by
effective from the date of entry into force of this Act, shall apply to the
public contracts for the provision of subsidies or repayable financial
bailout closed of the effective date of this Act, for which the
request for the provision of subsidies or repayable financial assistance
through a public contract is submitted prior to the date of acquisition
the effectiveness of this Act.
1) Article. 99 et seq. Constitutional Act No. 1/1993 Coll., the Constitution of the United
Republic, as amended by Constitutional Act No. 347/1997 Coll.
2) Act No. 128/2000 Coll., on municipalities (municipal establishment).
2A) section 16 of Act No. 247/2000 Coll., on the promotion of regional development, in the
amended by Act No. 137/2006 Coll.
3) Act No. 129/2000 Coll., on regions (regional establishment).
4) Act No. 563/1991 Coll., on accounting, as amended.
5) § 657 et seq. of the civil code.
6) section 497 et seq.. the commercial code.
7) Act No. 564/1990 Coll., on local charges, as amended
regulations.
8) Act No. 242/2000 Coll., on the budgetary revenue determination certain taxes
local municipalities and some State funds (the law on the
financial destination taxes).
9) section 37 of Act No. 218/2000 Coll. on budgetary rules and amending
certain related acts (budgetary rules).
10) § 84 of Act No. 128/2000 Coll.
section 35 of Act No. 129/2000 Coll.
section 59 of the Act No. 131/2000 Sb.
10A) Act No. 320/2001 Coll., on financial control in the public administration and the
amendments to certain acts (the Act on financial control), as amended
regulations.
11) section 42 of Act No. 128/2000 Coll., as amended.
section 20 of Act No. 129/2000 Coll., as amended.
section 38 of Act No. 129/2000 Coll., as amended.
11B) Act No 420/2004 Coll., on the review of the management of territorial
Governments and voluntary unions.
13) section 67 para. 1 (b). and) of the Act No. 129/2000 Coll., on regions (the regional
establishment), as amended.
14) § 81 para. 3 (b). and) Act No 131/2000 Coll., on the capital
Prague.
15) Act No. 513/1991 Coll., the commercial code, as amended
regulations.
16) Law No 513/91 Coll., the civil code.
16A) Act No. 561/2004 Coll. on pre-school, primary, secondary, higher
vocational and other education (the Education Act).
16B) Act No. 341/2005 Coll., on public research institutions.
18) section 50 of the Act No. 128/2000 Coll.
19) § 85 of Act No. 128/2000 Coll.
19a) Act No. 561/2004 Coll.
19b) § 50 para. 2 Act No. 128/2000 Coll., on municipalities (municipal establishment).
20) Act No. 59/2000 Coll., on public support.
21) section 10 of the Act No 420/2004 Coll., on the review of the management of territorial
Governments and voluntary unions.
22) for example, § 160 to 163 of Act No. 561/2004 Coll. on pre-school,
primary, secondary, higher vocational and other education (the education
Act), as amended by law no 383/2005 Coll., Act No. 343/2007 Coll., Act
No 42/2009 Coll. and Act No. 458/2007 Coll., or Act No. 108/2006 Coll., on
social services, as amended.
23 for example, Act No.) 101/2000 Coll., on the protection of personal data and on amendments
certain acts, as amended.
for example, article 24). 111 and 112 of the European Parliament and of the Council (EU)
No 1306/2013 of 17 May. December 2013 on the financing, management and monitoring
the common agricultural policy and repealing Council Regulation (EEC) no 352/78,
(EC) No 165/94, (EC) No 2799/98, (EC) no 814/2000, (EC) No 1290/2005 and
(EC) No 485/2008, article 3 (2). 4 Commission implementing Regulation (EU) No.
184/2014 of 25. February 2014, which, according to the regulation of the European
Parliament and of the Council (EU) No 1303/2013 (CPR) on the
The European regional development fund, the European Social Fund, the
Cohesion Fund, the European agricultural fund for rural development and the European
maritime and Fisheries Fund, laying down general provisions on the European
regional development, European Social Fund, the Cohesion Fund and
The European maritime and Fisheries Fund sets out the conditions relating to the
a system for the electronic exchange of data between Member States and the Commission and
establishing pursuant to European Parliament and Council Regulation (EU) No 1299/2013
on specific provisions relating to support from the European Fund for
regional development the European territorial cooperation objective accepts
nomenclature of categories of interventions for the support of the European Fund for
regional development in the framework of the European territorial cooperation objective, article. 26
the Commission delegated Regulation (EU) no 480/2014 of 3. March
2014, supplementing the European Parliament and of the Council Regulation (EU) No.
125(4) the common provisions on the European regional
development, European Social Fund, the Cohesion Fund, the European
Agricultural Fund for rural development and the European maritime and fisheries
Fund and laying down general provisions on the European regional
development, European Social Fund, the Cohesion Fund and the European
maritime and Fisheries Fund.
25) § 87 of Act No. 128/2000 Coll., as amended by Act No. 22/2004 Sb.
§ 101 of Act No. 128/2000 Coll., as amended by Act No. 312/2002 Coll., and act
No 313/2002 Sb.
section 40 para. 2 and § 58 para. 2 Act No. 129/2000 Coll.
§ 62 and 90 of Act No. 133/2000 Coll., as amended by Act No. 22/2004 Sb.
§ 70 para. 2 of the Act No. 131/2000 Sb.
section 94 of the Act No. 129/2000 Coll., as amended by Act No. 143/2001 Coll.
section 16 d of paragraph 1. 5 of law No 248/2000 Coll., on the promotion of regional development,
as amended by Act No. 137/2006 Coll., and Act No. 253/2006.