Control Of Procedure

Original Language Title: kontrolní řád

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=77903&nr=255~2F2012~20Sb.&ft=txt

255/2009 Sb.



LAW



of 14 July 1999. June 2012



on the control (control)



Parliament has passed the following Act of the United States:



PART THE FIRST



CONTROL OF PROCEDURE



TITLE I OF THE



GENERAL PROVISIONS



§ 1



The scope of the law



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

authorities, other bodies and legal or natural persons,

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

"supervisory authority"), while checking the activities of executive bodies

territorial self-governing units, other authorities, legal entities and natural

persons (hereinafter referred to as "controlled person").



(2) supervisory authorities shall act pursuant to this law, also when you check

the exercise of State administration and the next, when checking the activities of legal entities

based or established by the State or local government unit

performed by the founder or founding body, unless the control

the activities of such legal persons in private law provisions modified.



§ 2



Review



During the inspection by the inspection authority is examining how a controlled person fulfils the

obligations arising from other legislation or that her

they were stored on the basis of these regulations.



TITLE II



THE ACTS OF THE PREVIOUS CONTROL



§ 3



The acts of the previous control



(1) the inspection authority may carry out before inspection acts,

whose purpose is to measure data for the assessment of whether to start

control.



(2) the acts referred to in paragraph 1 shall be drawn up a record. Builds on these

the operations review, they can serve fact thus obtained as the basis

for the audit findings.



TITLE III



SCAN PROGRESS



§ 4



To check the credentials of the



(1) a natural person, control is exercised by the supervisory authority to

commissioned (hereinafter referred to as "controlling").



(2) to check the Credentials issued by the head of the inspection authority or person

to do this, the designated head of the supervisory authority (hereinafter referred to as "the parent of the person

the oily "). If more individual control of controlling,

Specifies the parent of the person controlling one of them the head of the inspection

the Group of.



(3) to check the Credentials in the form of



and written to individual credentials) check, or



(b)) ID card, if provided for by other legislation.



§ 5



Launch control



(1) the control authority launches check ex officio.



(2) the Review is initiated the first control act whereby it is



and) presenting credentials to check the controlled person or another person,

that person delivered or supplied to controlled goods or it from her

removed or taken, held or held for her work or her provides

or provide services or services used or uses, or

This activity involved or participated (hereinafter referred to as the "debtor"),

which is present on the spot checks,



(b) service of the notice of initiation) controls the controlled person; part of the

the notification shall be to check the credentials, or a list of controlling,

or



(c)) the first of the cockpit immediately preceding the submission of the

to check the credentials of the controlled person, or a person who is

present on the spot checks, if the implementation of such control

acts for the performance of checks necessary.



(3) If a review initiated under paragraph 2 (a). and) or c) without

the presence of the controlled person, shall inform the controlling-controlled

the person initiating the scan.



§ 6



Participation of persons



(1) the inspection authority may, to participate in the review in order to achieve its

the purpose of the invite natural person (hereinafter referred to as "přizvaná person").



(2) the inspection authority shall issue to the person called credentials and instruct přizvanou

person of their rights and obligations when participating on the review.



(3) the rights and obligations of the controlled person and the mandatory of the person against the participation of

a person shall be governed, mutatis mutandis, the provisions of this law on the rights and

responsibilities controlled persons and obliged entities to kontrolujícímu.



§ 7



Access to lands, buildings and other premises



Controlling is in connection with the performance of the checks shall be entitled to enter into

buildings, means of transport, on land and in other areas with

the exception of dwellings owned or controlled by the person, or otherwise used

directly related to the performance and subject to inspection, if it is necessary to

performance checks. The dwelling is entitled to enter control only

If the dwelling is used to operate the business or other economic

activities, or in the case where you want to delete by checking the

doubts about whether the dwelling is used for these purposes, and if you cannot

achieve the fulfilment of the purpose of the inspection otherwise. Owners or users of these

space are required to allow the input kontrolujícímu.



§ 8



Other rights of the oily



Controlling is in connection with the performance of checks on authorised to



and the proof of identity) require the natural person who is present on the

place checks in the case of a person who carries out the tasks controlled by the person,

or the person who can contribute to the fulfilment of the purpose of the inspection,



(b)) to perform a control purchases, take samples, make the necessary

measurement, monitoring, inspection and testing,



(c) require the provision of information) documents and things relating to the

the subject of checks or to activities controlled by persons (hereinafter referred to as

"supporting documents"); in justified cases it may provide control

the original supporting documents,



(d)) take the image or sound recordings,



e) to the extent necessary for the conduct of inspections of used technical means

the controlled person, after prior consultation with the controlled

person,



(f)) to require persons and obliged entities controlled for more synergies

required to exercise control.



§ 9



Duties of the examining



Controlling is in connection with the performance of the checks required to



and determine the status of the case in) to the extent necessary to achieve the purpose of the inspection and

Depending on the nature of the checks to prove the necessary audit findings

supporting documents,



(b)) to save rights and legitimate interests of the persons obliged entities controlled and

a third person,



(c) the person or controlled) submit required credentials to the person

control and, if so requested by the person or the person required to be checked, whether or not

another document that demonstrates that this is a person referred to in the mandate

to check,



(d)) issue of secured original documents, and if you pass away

the reasons for their collateral, shall without delay return them



(e)) to enable the controlled person participate in control operations in the performance of

checks on the spot, if it fulfil the purpose or the conduct of inspections,



(f) draw up a Protocol on the control of) and deliver his copy controlled

to the person.



§ 10



Rights and obligations of persons and obliged entities controlled



(1) a controlled person is authorised to



and) to require the submission of credentials to check the checkers, and other

a document that shows that this is a person referred to in the mandate to

check



(b)) of the oily or participation bias on the reply of the person



(c)) to get acquainted with the contents of the Protocol on inspection,



(d)) to submit objections to the inspection findings referred to in the Protocol on the

inspection.



(2) the Controlled person is obliged to create the conditions for the exercise of control,

allow kontrolujícímu the exercise of its powers provided for by law and the

to provide the necessary assistance to this and submit within the time specified

Checkers written report on the elimination or prevention of deficiencies

identified by checking if the Inspector so requests.



(3) the debtor is required to provide kontrolujícímu assistance

necessary to the performance of the checks, it is impossible to ensure that synergies

through the controlled person.



§ 11



The samples taken



(1) the Inspector may remove only the strictly necessary quantity of the sample; about

sampling issues the certificate. The control authority shall sample returns,

If it is possible.



(2) For sample inspection authority shall pay to the person to whom the sample was

removed, a refund equal to the price at which that person thing at the time of

to remove the commonly sold on the market; If you cannot determine this price, then pay the

the price at which the thing she did, or compensation amounting to efficiently

the costs incurred.



(3) entitlement to the refund referred to in paragraph 2 does not arise if the



the sample was returned) or the person to whom the sample was taken, it refused to

take back, or has declared that its repayment or compensation not required

or



b) sample does not meet the requirements laid down in other legal

regulations or decisions or measures of the competent authority.



§ 12



Protocol on the control of



(1) Protocol on the control of contains facts relating to the performed

inspection. Always, however, contains at least



and the designation of the supervisory authority) and the oily,



(b) the provisions of the law) a description defining the jurisdiction of the

the supervisory authority for the performance of checks,



(c) the designation of the invited persons) including reason of inviting,



(d) the designation of the controlled persons)



(e) the designation of the subject of checks)



f) Control Act by which the review was launched, and the day on which the

control operation is carried out,



(g)) the last Control Act the previous copy of the Protocol on the

the check and the day was this control operation is carried out,



h) audit findings, containing the detected facts, indicating the

shortcomings and indications of law which have been violated, including the


placing documents from which this audit findings are based on,



I) lessons about the possibilities to appeal against the inspection findings referred to in

Protocol on the control of the opposition, indicating the time limit for their submission and to whom

serves,



j) the date of preparation,



the signature of the oily).



(2) the Protocol on inspection shall be made within 30 days from the date of implementation

the last inspection of the Act, in particularly complex cases within 60 days.



(3) a copy of the Protocol on the control of the inspecting authority delivers to the controlled

to the person.



section 13 of the



Objections



(1) objection to the inspection findings referred to in the Protocol on the control of

can a person file a controlled supervisory body within 15 days from the

the date of delivery of the Protocol on inspection, if it is not set out in the Protocol on the

check for longer period.



(2) the opposition shall be filed in writing, it must be clear who

the inspection findings are pointing, and must contain a recital of disagreement with the

This control findings.



§ 14



Handling objections



(1) if the opposition fails to control group leader or controlling in

period of 7 days from the date of their receipt, shall discharge the person is the parent

the oily within 30 days from the date of their delivery so that they

meet, partially granted or rejected. In a particularly complex case

the time limit for handling objections by the person controlling the parent extends the

about 30 days. About this time limit, the person with the controlling parent

a controlled person shall inform in advance.



(2) the Objection, of which it is not clear who the inspection findings

aim, or objections, lacking in the preamble, the parent of the person

the oily rejects as unfounded. The parent of the person of the examining

It also rejects the objection lodged out of time, or by an unauthorized person.



(3) if it is to discharge the opposition started with a controlled person

administrative proceedings for the imposition of penalties or corrective measures in direct

with regard to the facts contained in the Protocol on inspection, it can be

the consent of a parent of the person examining the objections dealt with in the framework of this

the administrative procedure; If the administrative management of the different administrative

authority than the supervisory authority control can be done with the consent of

the parent of the person examining the opposition to pass this authority.

About pass the opposition-controlled person shall inform the inspection authority.

However, if the administrative proceedings are initiated only in direct connection with the

some of the facts contained in the Protocol on the control of

other facts in a given protocol on separate control, it shall

According to the first sentence only in respect of objections concerning the fact

to the administrative proceedings. The execution of the opposition shall be stated in

the preamble to the decision issued in the framework of this administrative procedure.



§ 15



Misdemeanors



(1) a natural person has committed the offence by



and as a person who fails to comply with controlled) one of the obligations referred to in section 10

paragraph. 2,



(b) the person fails to perform as required) the obligation under section 10(4). 3.



(2) for the offense referred to in paragraph 1 (b). and you can impose a fine to) 500 000

And for the offense referred to in paragraph 1 (b). (b) impose a fine to a can) 200

000.



section 16 of the



Administrative offences



(1) a legal entity or individual entrepreneur is committed by the administrative

tort by



and as a person who fails to comply with controlled) one of the obligations referred to in section 10

paragraph. 2,



(b) the person fails to perform as required) the obligation under section 10(4). 3.



(2) an administrative offence referred to in paragraph 1 (b). and) saves a penalty to 500

EUR and for the administrative offence referred to in paragraph 1 (b). (b)), fined the

200 000 Kč.



§ 17



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 on a legal person shall take account of the seriousness of the

the administrative offense, in particular, the way a criminal offence and its consequences, and

the circumstances under 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 within 6 months from the date on which it

learned, but not later than 1 year after the date on which it was committed.



(4) The liability for the acts, which took place in the business

person or in direct connection with it, shall apply the provisions of

liability and sanctions legal persons.



(5) administrative offences under sections 15 and 16 dealt with at first instance control

the authority which is competent to perform the scan, in connection with which it was

administrative offence has been committed.



section 18



Completion of the inspection



Review is terminated



and the mere lapse of time limits for the) opposition or by surrendering the

oppose,



(b) the date of delivery of the pending objections) controlled by the person, or



(c)) on the day, in which the opposition has been passed due to the administrative authority (section

14. 3).



§ 19



Check the performance of State administration



(1) when checking the performance of State administration is also entitled to control

to impose measures to eliminate or prevent deficiencies identified

control.



(2) measures to eliminate or prevent deficiencies identified by checking the

shall be indicated in the Protocol on inspection.



TITLE IV



COMMON PROVISIONS



section 20



Obligation of secrecy



(1) Controlling or přizvaná person has the obligation of

the confidentiality of all facts which she learned in the context of

with control or with the acts of the previous control, and not to misuse as follows

the obtained information.



(2) the obligation of secrecy of the oily or invited person persists after

the termination of their employment or other relationship.



(3) the examining or přizvanou person to obligations of confidentiality

to relieve the person in whose interest the duty of controlling or přizvaná

a person has, or in the public interest, the person with the controlling parent.



section 21



Fix inaccuracies, and outof-court case



(1) the Inaccuracy in the Protocol on the control of the inspecting authority corrects the power

the official form of the appendix to the Protocol of the inspection, a copy of which shall be delivered to

the controlled person and attached to the Protocol on inspection.



(2) if it is on the basis of submitted objections or to correct the identified

mistakes in the Protocol on the control of necessary, executes the controlling

investigation of the case. The result of the investigation of the case shall be recorded in the appendix to

of the Protocol on inspection, a copy of which shall be delivered to the controlled person and the

be annexed to the Protocol on inspection.



(3) the investigation shall apply the provisions of § stuff 6 to 11, 13 to 17 and § §

20 likewise.



section 22



Special provisions on the inspection of the file



From inspection of the file are excluded documents or parts thereof, from

where can I find out the identity of the person who filed the complaint for review.



Article 23 of the



The costs of checks



(1) costs arising from the inspection authority in connection with the performance of the checks

shall be borne by the inspecting authority.



(2) the costs incurred by the controlled person, or person in connection

with the performance of the inspection shall be borne by such persons.



section 24



Transfer of the enforcement supervisor administrative authority checks



(1) the performance of the checks may in justified cases, to take over the parent

the administrative authority of the supervisory authority. Shall inform the parent

the administrative authority of the supervisory authority, which is otherwise for the performance of such checks

the competent.



(2) If a superior administrative authority performance checks referred to in paragraph

1, cannot do the same control of the supervisory authority, which is otherwise to

the performance of such checks. The superior administrative authority, but without

undue delay inform about the outcome of the checks.



§ 25



Cooperation of supervisory authorities



(1) the supervisory authorities in the interest of good administration, shall cooperate and

coordinate their checks.



(2) the inspection authority if so requested by another inspection body or other authority

public authorities for the provision of data, information, or other control

documents needed to carry out the checks, the following information from the authority,

information and other control documents shall provide, if it is available

and if it does not preclude the fulfilment of obligations imposed on other legislation,

with the exception of obligations of confidentiality.



(3) the supervisory authority shall communicate the results of the checks upon request to another

the inspection authority or a public authority, if they are necessary for the

the performance of its mission. Staff in these institutions are

obliged to maintain confidentiality of the relevant facts; section 20 shall apply

by analogy.



(4) the control authority shall transmit its findings about the shortcomings of the competent

the authority which is entitled to under their responsibility, take measures to remedy the

established State or impose penalties for deficiencies observed.



section 26



Publication of information on the checks



The inspection body shall, at least annually, publish the way

allowing remote access general information about the results of the checks.



section 27 of the



The planning of inspections



The inspection authority processes the control plan, unless their nature

or purpose. The inspection authority coordinates the contents of a control plan with the other

enforcement authorities, if this is in the interest of the protection of the rights of persons and

unless the purpose of the checks.



section 28



Relationship to the administrative procedure



Unless the law provides otherwise, the procedure is when you check in accordance with the administrative

of the order.



TITLE V OF THE



REPEAL, TRANSITIONAL AND



section 29



Transitional provisions



(1) the Review was initiated before the date of entry into force of this Act shall be


completes in accordance with the existing legislation.



(2) where the present credentials to check in the form of a reference card

the law on State control, shall remain in force until 31 December 1998.

December 2017.



section 30



Regulation (EEC)



Act No. 553/1991 Coll. on State control, is hereby repealed.



PART TWO



Amendment of the Act on the Supreme Audit Office



section 31



In section 31 of Act No. 166/1993 Coll. on the Supreme Audit Office, for

the word "does not apply", the words "and Control Act".



PART THREE



Amendment of the Act on the protection of classified information



§ 32



In Act No 148/1998 Coll., on the protection of classified information and amending

certain acts, as amended by Act No. 169/1999 Coll., Act No. 18/2000

Coll., Act No. 29/2000 Coll., Act No. 30/2000 Coll., Act No. 367/2000

Coll., Act No. 60/2001 Coll., Act No. 320/2001 Coll., Act No. 151/2002

Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., Act No. 441/2003

Coll., Act No. 256/2004 Coll., Act No. 386/2004 Coll., Act No. 190/2005

Coll., Constitutional Court declared under no 220/2005 Coll., Act No.

290/2005 Coll., Act No. 413/2005 Coll., Act No 444/2005 Coll., Act No.

342/2006 Coll., Act No. 250/2008 Coll. and Act No. 41/2009 Coll., in

part three, title third deleted.



PART FOUR



Amendment of the Act on the amendment and repeal certain laws relating to

the law on regions, law on municipalities, district offices and law

the Act on the capital city of Prague



§ 33



In Act No. 132/2000 Coll., amending and repealing certain acts

associated with the regions, the municipalities Act, the Act on

the district offices and the Act on the capital city of Prague, as amended by Act No.

217/2000 Coll., Act No. 143/2001 Coll., Act No. 86/2002 Coll., Act No.

356/2003 Coll., Act No. 22/2004 Coll., Act No. 93/2004 Coll., Act No.

99/2004 Coll., Act No. 561/2004 Coll., Act No. 585/2004 Coll., Act No.

379/2005 Coll., Act No. 186/2006 Coll., Act No. 189/2006 Coll., Act No.

264/2006 Coll., Act No. 329/2007 Coll., Act No. 375/2007 Coll. and act

No 456/2010 Coll., is part of the thirteenth repealed.



PART FIVE



Changing the law amending some laws on the protection of the public

health



§ 34



In the law No. 274/2003 Coll., amending certain laws in the field of

the protection of public health, as amended by Act No. 426/2003 Coll., Act No.

316/2004 Coll., Act No. 626/2004 Coll., Act No. 262/2006 Coll., Act No.

378/2007 Coll. and Act No. 375/2007 Coll., part ten deleted.



PART SIX



Changing the law amending certain laws in connection with the adoption of the

administrative code



§ 35



In Act No. 501/2004 Coll., amending certain laws in relation to

the adoption of the code of administrative procedure, as amended by Act No 444/2005 Coll., Act No.

281/2009 Coll. and Act No. 329/2007 Coll., is part of the twenty-fifth repealed.



PART SEVEN



Amendment of the Act No. 392/2005 Sb.



section 36



In Act No. 392/2005 Coll., amending Act No. 258/2000 Coll., on the

the protection of public health and amending certain related laws, in

as amended, and certain other laws, part two

repealed.



PART EIGHT



Amendment of the Act on the amendment of laws in connection with the adoption of the law on the protection of

on the security of classified information and eligibility



§ 37



In the law no 413/2005 Coll., on the amendment of laws in connection with the adoption of the

the Act on protection of classified information and the security of the eligibility,

as amended by Act No. 137/2006 Coll., Act No. 362/2007 Coll., Act No.

274/2008 Coll., Act No. 41/2009 Coll., Act No. 278/2009 Coll., Act No.

281/2009 Coll. and Act No. 513/91 Coll., part ten deleted.



PART NINE



Change of law no 230/2006 Sb.



§ 38



In the law no 230/2006 Coll., amending Act No. 89/1995 Coll., on State

the statistics service, in wording of later regulations, and other related

laws, as amended by Act No 281/2009 Coll., Act No. 456/2010 Coll., Act

No 17/2012 Coll. and Act No. 513/91 Coll., part six shall be deleted.



PART TEN



Changing the law amending certain laws in connection with the adoption of the

the tax code



§ 39



In Act No 281/2009 Coll., amending certain laws in relation to

the adoption of the tax code, as amended by law No 153/2010 Coll., Act No.

350/2011 Coll., Act No. 456/2011 Coll. and Act No. 466/2011 Coll., is part of the

the tenth repealed.



PART ELEVEN



The EFFECTIVENESS of the



section 40



This Act shall take effect on 1 January 2000. January 2014.



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