159/2006 Coll.
LAW
of 16 December 2002. March 2006
on conflicts of interest
Change: 216/2008 Sb.
Change: 158/2009 Sb.
Change: 350/2009 Sb.
Change: 281/2009 Sb.
Change: 167/2009 Sb.
Change: 503/2012 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
CONFLICTS OF INTEREST AND INCOMPATIBILITY OF SOME FUNCTIONS
TITLE I OF THE
INTRODUCTORY PROVISIONS
§ 1
The subject of the edit
This Act regulates the
and public officials) the obligation to perform its function, so that
avoid conflict between their personal interests and the interests that are
required to by virtue of their function to promote or defend,
(b) the obligation of public officials to report) the fact that
allow public scrutiny of their activities conducted in addition to the performance of the
public officials, public control of assets acquired during the period
performance of the duties and other revenue, gifts or other benefits obtained
for the performance of functions, where appropriate, the financial obligations that the public
official has,
(c) certain activities) limitations and incompatibility of public officials
the performance of public officials with other functions,
(d) the liability of public officials for) a violation of the obligations laid down
This law, including penalties, which can be public officials for
violation of these obligations, save.
§ 2
Public official
(1) for the purposes of this Act, a public office-holder shall mean
and member of the Chamber of deputies of the Parliament) the Czech Republic (hereinafter referred to as
"Deputy")
b) Senator Senate of the Parliament of the Czech Republic (hereinafter referred to as "Senator"),
(c) a member of the Government or the head of) another central authority of State administration, in
the head of Government is not a member of the ^ 1)
(d) the President and the Office of Inspector) for the protection of personal data,
(e) the technical Office) Chairman of the standardization, metrology and State
testing,
f) member of the Council of the Czech Telecommunications Office,
(g)) the President of the Energy Regulatory Office,
(h) Bank Board) member of the Czech National Bank,
I) President, Vice-President and a member of the Supreme Audit Office,
(j)), the Ombudsman and his Deputy,
Member of the Council for) radio and television broadcasting,
l) Councillor of the region or the Municipal Council of the city of
Prague ^ 2) (hereinafter referred to as "County"), which is for the performance of functions in the long term
unloaded, and a member of the Municipal Council of the region, who, prior to his election to the
Member of the Municipal Council has not been in employment, but performs
functions in the same range as a member of the Municipal Council of the region, which is for
performance over the long term,
m) Councillor of the municipality, town or borough section of the territorial
chartered cities and urban parts of the city of Prague ^ 3)
(hereinafter referred to as "the community"), which is for the performance of functions in the long term, and the
the Municipal Council of the village, who before his election to the Office of Member of
the Municipal Council has not been in employment, but the function executes in the same
as a member of the Municipal Council of the village of range, that is for the performance of functions
in the long term,
n) Mayor, Deputy Mayor of the village and members of the Council of municipalities and regions who
not for the performance of the functions of relaxation in the long term.
(2) if it is not about public officials referred to in paragraph 1, it shall be understood to
the purposes of this Act, a public office-holder also
and the Director of the Security Corps), the head of the national security
Ward 1. and 2. the control level by a special legal regulation ^ 3a) in
the Security Corps, with the exception of members of the intelligence services ^ 3b),
(b)) member of the Board, a member of the management, supervisory or controlling
body of a legal person established by law, the State contributory organization
subsidized organizations territorial self, with the exception of the members of the
administrative boards of public universities and statutory authority, or members of the
statutory authority, the members of the management, supervisory or controlling body
self-governing professional organisation established by law,
(c)) the senior employee 2. up to 4. the degree of control under a special legal
prescription ^ 3 c) legal entities established by law, the State contribution
the Organization subsidized organizations territorial self, with
except for legal bodies carrying on the activities of the school or school
the device,
(d) the head of the organizational units of the State), which is an administrative body, and
the head of the employee 2. up to 4. the degree of control under a special legal
prescription ^ 3 c) in the business folder of the State, with the exception of news
services ^ 3b),
(e)), leading official of the local government unit involved in exercise
administrative activities is included in the municipal office in the municipal office, the
the municipality of the city or municipality of the Chartered
of the city, to the Office of the borough or City District Office
Chartered city, to the regional office, to the City Hall
the city of Prague or the Office of the municipal district of the city of Prague.
(3) the obligations under this Act to the person referred to in paragraph 2,
serving notice under section 9 to 11 and § 12 para. 2 evidenčnímu authority
(section 14 (1)) shall apply only if, in the exercise of its
the activities of the
and funds) of a public authority as the principal
operation within the meaning of the Act on financial control, if the value of the financial
operation exceeds 250 000 CZK
(b)) immediately involved in deciding when a contract is
or in the decision-making process in the exercise of the rights and obligations of the contracting authority, when
realisation of the contract,
(c)) shall act in an administrative proceeding, with the exception of block management, or
d) is involved in the management of criminal prosecution.
TITLE II
CONFLICT OF INTEREST
§ 3
(1) if there is a conflict of public interest with an interest in personal, not public
official favor your personal interest over the interests, which is like
a public official is required to push and defend. Personal interest for the
the purpose of this Act shall mean such interest that brings the public
officials of personal advantage or repel any reduction
property or other benefit.
(2) every public official must not endanger the public interest by
and will use its position) or information obtained in the
performance of his duties to obtain property or other benefits or
benefits for himself or for another person,
(b)) will rely on its function in matters that are related to
his personal interests, in particular with his profession, occupation, or
business, or
(c)) can be for payment or other benefit for commercial advertising purposes permission
to put their name, where applicable, the names and surnames or his/her
shown in conjunction with the function performed.
TITLE III
RESTRICTIONS ON CERTAIN ACTIVITIES OF PUBLIC OFFICIALS AND INCOMPATIBILITY
THE PERFORMANCE OF PUBLIC OFFICIALS WITH OTHER FUNCTIONS
§ 4
(1) a public official referred to in § 2 (2). 1 (b). (c) to (i)))
and business or engage in other) a self-employed person
(b)) to be a statutory body or a member of the statutory body, a member of the
of the management, supervisory or controlling body of a legal business
person, unless a special law provides otherwise, or
(c)) to be in employment or similar relationship or in the prison service,
unless the relationship or ratio, in which acts as a public official.
(2) the limits referred to in paragraph 1 shall not apply to the management of own assets
and on the activities of the scientific, educational, journalistic, literary,
artistic or sports, unless it is a private business in these
fields of study.
(3) Public officials referred to in paragraph 1 shall be required, the activities there
referred to exit without undue delay after they began to carry out his
function, but not later than 30 days from the date of commencement of performance of the duties.
If there is no cessation of the activities of the reasons independent of the will of the public
officers can meet the deadline specified in the previous sentence, the public
official of that fact in writing within this period shall inform the registration
authority and at the same time performs all the necessary measures to end
activity. The provisions of the special legal regulations are not
without prejudice to the ^ 4).
§ 5
(1) the members or to the Senator, who represents the State in the management,
supervisory or controlling bodies of legal persons, if the business
It has become, it controlled legal person, Czech National Bank, or
all of these people together, the proportion of the voting rights, or do not belong to a
This activity.
(2) Public officials referred to in § 2 (2). 1 (b). l) and (m)), which
represents the county or municipality in the management, supervisory or controlling
the institutions doing business legal entities, if the county or the municipality has
the proportion of the voting rights, or do not belong to the remuneration for this activity.
(3) with the functions of a Deputy or Senator are incompatible functions performed by the
in the employment relationship or in the prison service to the Czech Republic,
in terms of features or functions designated in which, in the exercise
the State Government decides
and to the Ministry or to) another administrative authority,
(b)) to the Prosecutor's Office or the Court,
(c)) in the Security Corps ^ 5), armed forces of the Czech Republic,
Supreme Audit Office, the Office of the President of the Republic, the Office of the
The House of Commons, Office of the Senate, State funds, and in the Office of the
Public defender of rights.
§ 6
Public official referred to in § 2 (2). 1 (b). (c)) and m), and para. 2 (a).
b) to (e)) should not be for 1 year from the end of the performance of the State
Companion or act in the bodies of a legal person, or business
close the employment relationship with the employer the executing
business activity, if such legal person or employer
in the last 3 years before the date of public officials
concluded the agreement with the State, local government or legal
person established by law or established by the State or territorial-based or
Government, if it was about the excess contract, and
If the public official or authority, in which the public official
He worked on such contract decisions.
TITLE IV
THE SUBMISSION OF A NOTIFICATION OF PERSONAL INTEREST, ON THE ACTIVITIES, ASSETS, INCOME,
GIFTS AND LIABILITIES
§ 7
Affidavit
Public official a solemn declaration notice of
a) personal interest (hereinafter referred to as the "notification of personal interest"),
(b)) other activities to be performed, (hereinafter referred to as the "notification of activities"),
(c) property acquired during) the exercise of function (hereinafter referred to as "notice of
property "),
d) income, gifts and commitments (hereinafter referred to as "notice of income, gifts
and liabilities ").
§ 8
Notification of personal interest
(1) every public official is obliged to conduct the constitutional authority of another
a State body, the authority of a territorial self-governing unit or authority of the
legal persons arising from the law, in which they will perform in a debate
submit a proposal or is entitled to vote, announce its ratio to
the present case, if taking into account the outcome of the consideration of the case would
He'd have a personal benefit or the injury or if a different
personal interest; This does not apply, if it is otherwise for the benefit of or interest in General
obvious.
(2) the notification referred to in paragraph 1, the competent public official word of mouth
in the course of negotiations, but not later than before the authority shall accede to the
vote; the notification is always part of the record of the meeting.
§ 9
Notification of activities
(1) a public official is required to accurately, completely and truthfully in writing
to announce that
and or operating another) operates as a self-employed person, and
subject matter, manner and place of business or of such business,
(b)) is a member or a member of a legal person, the operating
business activity (hereinafter referred to as "doing business legal person"), and
What is the business of the legal entity (business name or name and
Head Office),
(c)) is a statutory body or a member of the statutory body, a member of the
of the management, supervisory or controlling body of a legal business
persons, and what the business of the legal entity (business name or
the name and registered office)
d) carries on the activity in employment or similar relationship or in
service, unless the relationship or ratio, in which acts as a
public official.
(2) the notification referred to in paragraph 1 is required to make a public official
no later than 30 June 2005. June of the following calendar year.
§ 10
Notice of property
(1) a public official is required to accurately, completely and truthfully in writing
the report that in the course of the performance of the acquired
proprietary or other) rights in rem in immovable property, including the price of
property or the price of another right in rem in immovable property, or
the right acquired, and how to acquire them,
b) proprietary rights to movable assets, other rights or other property
values, including the method of acquiring things, rights or other assets,
If the aggregate price of the goods, rights or other assets acquired
during a calendar year exceeded the amount of 500 000; into this
the summary will not count towards things, rights or other assets,
the price is less than $ 25 000
(c) the securities or rights) associated with them, according to a special legal
prescription ^ 6), if the total amount of the purchase price of securities from one
the issuer or the rights attaching thereto at the time of the acquisition exceeds 50
EUR 100 000,-or in the case of multiple issuers,
(d) the share in business) another company than is listed in subparagraph (c)), if
the value of this share exceeds the amount of $ 50,000, or the amount of 100 000
CZK, in the case of shares in more commercial companies.
(2) the notification referred to in paragraph 1 is required to make a public official
no later than 30 June 2005. June of the following calendar year.
§ 11
Notice of income, gifts and commitments
(1) a public official is required to accurately, completely and truthfully in writing
to announce that
during the performance of his duties) received any cash income or other
material benefits, in particular gifts, with the exception of donations referred to in the notice of
assets in accordance with § 10, remuneration, income from a business or other separate
earned income, dividends or other income from participation or activities in
entrepreneurial legal entities (hereinafter referred to as "revenue or other property
benefits "), if the aggregate amount of income or other benefits
in the calendar year exceeds 100 000; for the cash receipt or other
the material advantage for this purpose are not considered salary, remuneration or other
the elements on which the public official is entitled in the context of the
the performance of a function under special legislation ^ 7); into this summary
do not count donations, whose price is less than $ 10,000,
(b)) has financial obligations, in particular the outstanding loan, loans, rent,
the obligations of the contract of purchase or lease transactions, commitments
the aggregate amount of liabilities exceeded 31. December of the calendar year,
which the notification is submitted, the amount of 100 000 €.
(2) every public official is obliged to in the notice, indicating the size, type and source
each income referred to in paragraph 1 (b). and) and the amount and type of undertaking pursuant to
paragraph 1 (b). (b)), including to whom such a commitment has. Notification
makes public official not later than 30 June 2005. June of the following
of the calendar year.
§ 12
(1) notification pursuant to § 9 to 11, and in accordance with paragraph 2 is a public official
required to do within the time limits laid down in this law for the entire period of performance
function. In the case that public official ended the performance features, is
required to make a notification pursuant to § 9 to 11, and in accordance with paragraph 2 no later than
within 30 days from the date of his termination, according to the State of their
the performance function.
(2) If, during a calendar year not to facts which
are listed in § 9 to 11, a public official is required to make about
the announcement by 30. June of the following calendar year.
(3) A notice in writing shall be deemed notice filed in electronic
the form through a public data network, signed by a recognized
electronic signature ^ 8).
(4) notification under section 9 to 11, and in accordance with paragraph 2 serves the public
official evidenčnímu authority (section 14 (1)).
(5) the notification shall be made on a form, a structure and format down
By a decree of the Ministry of Justice.
TITLE V OF THE
NOTICE OF REGISTRATION ACTIVITIES, NOTIFICATION OF ASSETS AND NOTIFICATION OF
INCOME, GIFTS AND COMMITMENTS AND ITS MANAGEMENT
section 13 of the
The registry notification
(1) the register of notices of activities, announcements of assets and notification of
income, gifts and commitments (hereinafter referred to as "the register") is the set of documents
administered by public functionaries in accordance with § 12 para. 4; in the notice of public
official state your name, surname, date of birth, the designation of the authority
in which they operate, specifying the function which takes in that body, and
the information required under section 9 to 11 and § 12 para. 2. the register leads the
registration authority (section 14 (1)) and in electronic form, unless
unless otherwise provided for.
(2) everyone has the right, without charge, upon written request to inspect
registry and to make copies of and extracts from it. In the registry, it is possible
seen in person at the registration authority or in electronic format
through the public data network. Statements and copies of the registration authority
does not verify these documents and are not public documents.
(3) the written request must contain the name, surname, date of birth,
permanent residence and address for service of the applicant and an indication of whether the applicant
the registry will be seen in person or in electronic format
through the public data network. Application can be filed
and in person at the registration authority),
(b)) through a postal service, or
c) electronically via the e-mail address of the registry
an accounting authority.
(4) After verification of the application for the grant of access to the registry in electronic
the form through a public data network grants registration authority
applicant user name and access password into the registry, that without
undue delay delivered by postal
services into their own hands of the applicant with the exception of applications under
paragraph 3 (b). and disclose to third parties) user name and access
the password for access to the registry in electronic form through the
public data network is prohibited.
(5) in addition, you can only publish the information referred to in the registry that pertain to
a Deputy, Senator, Member of the Government and public officers referred to in section 2 of the
paragraph. 1 (b). k) to (m)).
(6) everyone has the right to communicate in writing to the authority which the registry evidenčnímu
leads (section 14 (1)), the fact that suggest untruthfulness or
the incompleteness of the data referred to in the notices that registered in the registry; the communication from the
also may be filed in electronic form through the public data
the network. The registration authority shall, within 30 days from the date of receipt of the notification in writing
to the person who submitted the communication, as it was with its communication; If there was a
the communication done in electronic form, can be answered whether or not this
way.
(7) Registration Authority (section 14), from the information available that
the public official committed an act which is an offence (section 23
paragraph. 1), it shall notify without delay the competent authority of such fact
the State administration under a special legal regulation ^ 8a).
(8) everyone has the right to notify the authority of State administration or local and regional authorities
your suspicion that the public official has violated obligations under this
the law ^ 8b).
(9) all information kept in the register may be used and
processed, except as provided in paragraph 5, for the sole purpose
detection of potential conflicts of interest in exercising public function
officers. The processing of personal data in the register shall be without prejudice to
protection of personal data under the specific legislation ^ 9).
§ 14
Registry management
(1) the register of secure
registration authorities
, which are
and)
the mandate and immunity Committee
The Chamber of deputies of the Parliament of the Czech Republic (hereinafter referred to as "Chamber
the Chamber of Deputies ") for public officials referred to in § 2 (2). 1 (b). a) and (c))
to j), unless they are senators,
(b)) the mandate and immunity Committee Senate of the Parliament of the Czech Republic (hereinafter referred to
"the Chamber") for public officials referred to in § 2 (2). 1 (b). (b)),
(c)) the Ministry or another central authority of State administration, headed by
is not a member of the Government, and in whose scope performs the function of a public
officially referred to in § 2 (2). 2 (a). a) to (d)),
(d)), the Czech National Bank for public officials referred to in § 2 (2). 2
(a). (c)), where its staff,
(e) the Director of the Regional Bureau of) public officials referred to in § 2 (2).
1 (b). l) and (n)) (a). 2 (a). (e)), in the case of members of the Municipal Council
their region or senior officials in the regional office,
(f)), the Director of Prague City Hall for public officials
referred to in § 2 (2). 1 (b). m) and para. 2 (a). (e)), in the case of members of the
the Municipal Council of the city of Prague, or senior officials in City Hall
the city of Prague,
g) Secretary of the municipal office, the municipality of the city or
the municipality of the city of Chartered, the Office of the borough
or the Office of the town part of the city, chartered for
public officials referred to in § 2 (2). 1 (b). m) and (n)) (a). 2 (a).
(e)), in the case of members of the Municipal Council of the village of or senior officials in
their office or City Hall,
(h) Municipal Office and Secretary) in municipalities where there is no Secretary of the municipal
the Office of Mayor, for public officials referred to in § 2 (2). 1 (b). m)
and n) (a). 2 (a). (e)), in the case of members of the Municipal Council of the municipality or
about senior officials in their local authority.
(2) the registry shall mean
admission and registration) notifications made under sections 9 to 11 and § 12 para.
2,
(b) storage of the applications submitted to the competent) evidenčnímu authority under section
in article 13(3). 3, for a period of 5 years from the date of submission of the application,
(c) the notifications submitted to the competent) the maintenance of the authority under section evidenčnímu
9 to 11 and § 12 para. 2, for a period of 5 years from the date of the end of the performance
public officials,
d) supervise the totality of the data that are included in the notification referred to in § 9
up to 11 and § 12 para. 2 and require supplementing such data,
(e) the adoption of communications) according to § 13 para. 6,
(f) provision of documents) in accordance with § 13 para. 7 the authority competent for the case
Act,
g) claims authentication and granting your user name password
to public inspection in the register in electronic form to the central address
through the public data network.
(3) unless otherwise provided by this Act, members of the registration authority and the
others who come into contact with the registered data, required to
maintain the confidentiality of the facts, which of the following
Learn; obligation of secrecy shall be subject to information on the persons who
evidenčnímu authority indicated to the facts suggest untruthfulness or
the incompleteness of the data referred to in the notices that registered in the registry.
TITLE VI OF THE
cancelled
§ 15
cancelled
section 16 of the
cancelled
the title launched
§ 17
cancelled
section 18
cancelled
§ 19
cancelled
section 20
cancelled
section 21
cancelled
section 22
cancelled
TITLE VII
MISDEMEANORS
Article 23 of the
(1) the offense is committed by a public official, that
and he has not submitted the notification of) personal interest under section 8,
(b) to comply with a time limit for the submission of) a declaration under section 9 to 12 and did not file it
even in the additional period of time,
c) stated clearly inaccurate, incomplete or false information in the Declaration
According to § 9 to 11 and § 12 para. 2,
(d)) he or the work which this Act provides as
incompatible with the performance of public officials.
(2) the Offence is committed by a natural person who
and uses or further processed) information kept in the registry for any purpose other
than to detect potential conflicts of interests in the performance of public functions
Office holders in accordance with § 13 para. 7,
(b) the breach of an obligation of confidentiality) pursuant to § 14 para. 3 of facts
which she learned from information registered in the registry, or about people,
that evidenčnímu authority indicated to the fact which falsehood
or incompleteness of the data referred to in the notices that registered in the registry,
(c)) shall inform the third party unauthorized user name and access password to
inspection of the register in electronic form in accordance with § 13 para. 4.
section 24
For the offense under section 23 can impose a fine to a maximum of $ 50,000.
§ 25
(1) in fixing the amount of the fine to take account of the seriousness of the offence,
in particular to the method and circumstances of a criminal offence, the importance and the scope of its
the consequences, the duration of the infringement and the fact that the
the responsible person work removal or mitigation
the consequences.
(2) Misdemeanors under § 23 para. 1 dealt with the scope of the delegated
Municipal Office municipality with extended powers, in whose territorial jurisdiction has
public official permanent residence. Offenses under § 23 para. 2
hearing Office for the protection of personal data. In control of the process according
provincial offences Act ^ 10) with the exception of sections 84 to 87, if this law
provides otherwise.
(3) fines imposed for offenses under § 23 para. 1 select and recover
the authority which is saved; income from fines is the budget of the municipality, the income
authority of the fine imposed. Income from fines imposed for offences under section 23
paragraph. 2 shall constitute revenue of the State budget.
(4) the penalty is due within 30 days from the date when the decision on its imposition
came into legal force.
TITLE VIII
TRANSITIONAL PROVISIONS
section 26
(1) If a public official, that the effective date of this Act,
shall perform the functions or activities that are under this Act
incompatible with the performance of the activities of such public officers, is
obliged to terminate the performance of such functions or activities not later than 3
months from the effective date of this Act and submit a report thereon to the competent
evidenčnímu authority. When assessing the incompatibility of functions already selected
members of Parliament, senators and members of the Councils of territorial self-governing units
However, until the end of their term of Office shall proceed in accordance with the existing
regulations.
(2) the notification referred to in § 9 to 11 and § 12 para. 2 public official shall submit a
for the first time by 30 June. June 2008.
Section 26a
(1) the register of honorary Declaration of public officials submitted until 31 December 2006.
December 2006, pursuant to Act No. 241/1992 Coll., on certain measures
related to the protection of the public interest and the incompatibility of certain
(the law on conflict of interests), leads and their safekeeping ensures
the mandate and immunity Committee of the Chamber of Deputies, in terms of senators, and
the mandate and immunity Committee of the Senate in terms of MPs, members of the Government and
Head of central administrative authorities, in which the head is not a member of the Government.
(2) every citizen has the right, upon written request to look into
registers kept under paragraph 1. This right includes the right to
access to all stored documents and the right to make extracts from them and
copies.
(3) the written request referred to in paragraph 2 shall contain the name, surname,
date and place of birth and residence of the applicant. It is given to the mandate and
immune competent Committee Chambers of Parliament of the Czech Republic.
(4) the mandate and immunity Committee verifies the identity of the applicant, as regards the
his name, surname, date and place of birth and residence. Without this
validation cannot be allow the applicant insight in the register referred to in paragraph 2.
(5) a copy of the Statements referred to in paragraph 2 of the mandate and immunity Committee or other
authorities do not have the character of these instruments and public documents.
(6) the information contained in the sworn statements of public officials according to the
paragraph 1 with the exception of Heads of central administrative offices, in whose
the head is not a member of the Government, can be made public.
TITLE IX OF THE
REGULATION (EEC)
section 27 of the
Shall be repealed:
1. Act No. 241/1992 Coll., on certain measures connected with the
the protection of the public interest and the incompatibility of some of the features (the law on the
conflict of interest).
2. Act No. 283/1995 Coll., amending and supplementing Act of the Czech national
Council No. 238/1992 Coll., on certain measures connected with the protection
the public interest.
3. Act No. 227/1997 Coll. supplementing Act of the Czech National Council
No 238/1992 Coll., on certain measures connected with the protection
public interest (law on conflict of interests), as amended by Act No. 283/1995 Coll.
PART TWO
To change the code of civil procedure of the administrative
section 28
Act No. 150/2002 Coll., the administrative procedure code, as amended by Act No. 192/2003
Coll., Act No. 22/2004 Coll., Act No. 235/2004 Coll., Act No. 436/2004
Coll., Act No. 561/2004 Coll., Act No. 127/2005 Coll., Act No. 350/2005
Coll., Act No. 361/2005 Coll. and Act No. 413/2005 is amended as follows:
1. In section 4, paragraph 4. 2 at the end of paragraph (d) is replaced by a comma and dot)
the following point (e)) including footnote No. 1 c is inserted:
"e) in matters of breach of the duty of public officials according to the
special legal regulation ^ 1 c).
1 c) Act No. 159/2006 Coll. on conflicts of interest. ".
2. In article 7, paragraph 4, the following paragraph 5 is added:
"(5) in matters of breach of the duty of public officials is to control the
the regional court in whose district has a public official residence,
where appropriate, in whose district he resides. ".
Paragraphs 5 and 6 shall be renumbered as paragraphs 6 and 7.
PART THREE
Amendment of the Act on banks
section 29
Act No. 21/1992 Coll., on banks, as amended by Act No. 265/1992 Coll.,
Act No. 293/1993 Coll., Act No. 154/1994 Coll., Act No. 83/1995 Coll.
Law No. 84/1995 Coll., Act No. 61/1996 Coll., Act No. 306/1997 Coll.
Act No. 16/1998 Coll., Act No. 125/1998 Coll., Act No. 167/1998 Coll.,
Act No 120/2001 Coll., Act No. 239/2001 Coll., Act No. 320/2001 Coll.
Act No. 126/2002 Coll., Act No. 461/2003 Coll., Act No. 256/2004 Coll.,
Act No. 435/2004 Coll. and Act No. 413/2005 is amended as follows:
1. In article 38 paragraph 2. 3 at the end of subparagraph (j)) is replaced by a comma and dot
the letter k is added) including footnote # 9 c:
"to the authority competent to decide on) breach of the obligation of the public
officials by a special legal regulation ^ 9 c).
9 c) Act No. 159/2006 Coll. on conflicts of interest. ".
2. In article 38 paragraph 2. 5, the words "paragraph 3 (b). and), and (h)) "shall be replaced by
"paragraph 3 (b). a), h) and k) ".
PART FOUR
Amendment of the Act on capital market
section 30
In § 115 of Act No. 256/2004 Coll., on the capital market, in
amended by Act No. 633/2004 Coll., the dot at the end of paragraph 1 is replaced by
the comma and the following letter to), including footnotes # 1a
added:
"to the authority competent to decide on) breach of the obligation of the public
officials under special legislation "^ 1a).
1A) Act No. 159/2006 Coll. on conflicts of interest. ".
PART FIVE
Amendment of the Act No. 15/2002 Sb.
section 31
In the law No. 15/2002 Coll., amending Act No. 241/1992 Coll. on
some of the measures related to the protection of the public interest and
the incompatibility of some of the features (law on conflict of interests), as amended by
amended, and some other laws, is part of the first deleted.
PART SIX
Amendment of the law on court fees
§ 32
Act No. 553/1991 Coll. on court fees, as amended by Act No.
271/1992 Coll., Act No. 273/1994 Coll., Act No. 36/1995 Coll., Act No.
118/1995 Coll., Act No. 160/1995 Coll., Act No. 151/1997 Coll., Act No.
209/1997 Coll., Act No. 227/1997 Coll., Act No. 101/2000 Coll., Act No.
155/2000 Coll., Act No. 242/2000 Coll., Act No. 257/2000 Coll., Act No.
452/2001 Coll., Act No. 151/2002 Coll., Act No. 309/2002 Coll., Act No.
192/2003 Coll., Act No. 561/2004 Coll., Act No. 628/2004 Coll. and act
No 357/2005 is amended as follows:
1. in paragraph 11. 2 at the end of the letter r) dot is replaced by a comma and
the following letter s) is added:
"with the plaintiff in a proceeding on) matters of breach of the obligation of the public
officials, in the case of the registration authority. ".
2. In the annex the scale of fees in the point 2 point 14a (c))
the following point (d)), which read as follows:
"(d) the breach of the obligation)
$ 5000.0-public officials ".
Subparagraph (d)) is renumbered as paragraph (e)).
PART SEVEN
The EFFECTIVENESS of the
§ 33
This Act shall take effect on 1 January 2000. January 1, 2007.
Fort Worth Star Telegram in r.
Klaus r.
Paroubek in r.
Selected provisions of the novel
Article II of the Act No. 216/2008 Sb.
Transitional provision
1. An offence is also culpable breach of duties of public
officers, for which he before the effective date of this Act, it was possible to
a fine by a court in administrative justice system and which is at the same time
an offence under this Act.
2. the Court of infringement proceedings initiated by the public officials
before the effective date of this Act, in which it was not until the date of entry into force of
This Act decided to stop it, the effective date of this Act.
The appellant is entitled to proceed in accordance with § 13 para. 7 or 8.
3. the period during which the proceedings before the Court under paragraph 2 shall
not included in the time limit, after which cannot be under a special
the law, a misdemeanor.
1) § 2 (2). 1 Act No. 2/1969 Coll., on establishment of ministries and other
Central Government authorities of the Czech Republic, as amended
regulations.
2) § 32 para. 1 Act No. 129/2000 Coll., on regions (regional establishment), in
as amended.
§ 51 para. 2 of the Act No. 131/2000 Coll., on the capital city of Prague, as amended by
amended.
3) § 51 of Act No. 133/2000 Coll., as amended.
3A § 118 paragraph. 3 of Act No. 361/2003 Coll., on the service of members of the
security forces.
3B) section 3 of the Act No. 153/1994 Coll., on the Czech intelligence service
of the Republic.
3 c) section 124 para. 3 of Act No. 262/2006 SB., labour code.
4) for example, § 45 of the labour code, as amended, § 95
Act No. 6/2002 Coll., on courts, judges, lay judges and State administration
courts and amending some other acts (the Act on courts and judges),
as amended, section 21 para. 3 of the Act No. 283/1993 Coll., on the
the Prosecutor's Office, as subsequently amended.
5) § 1 (1). 1 Act No. 361/2003 Coll., on the service of members of the
security forces, as amended.
6) Act No. 586/1992 Coll., of the Securities Act, as amended
regulations.
7) Act No. 237/1995 Coll., on salary and other terms associated with the
the performance of the functions of the representatives of State power and some State authorities and
judges, as amended.
Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended
regulations.
Act No. 129/2000 Coll., as amended.
Act No. 129/2000 Coll., as amended.
8) Act No 227/2000 Coll. on electronic signature and amending certain
other laws (the law on electronic signature), as amended
regulations.
8A) section 58 of the Act No. 200/1990 Coll. on offences, as amended
regulations.
8B) section 67 of the law on misdemeanors.
9) Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain
laws, as amended.
10) Act No. 200/1990 Coll. on offences, as amended.