330/2001 Sb.
DECREE of the Ministry of Justice
of 5 April 2004. September 2001
the remuneration and compensation bailiff on remuneration and compensation of the finished
Business Manager, spending and the conditions of liability insurance
caused by a bailiff;
233/2004: Sb.
291/2006: Sb.
94/2007: Sb.
330/2008: Sb.
368/2009: Sb.
63/2012: Sb.
490/2012: Sb.
The Ministry of Justice pursuant to section 131 provides (a). a) to (c)) of law No.
120/2001 Coll. on judicial executors and enforcement activities (execution order)
and amending other laws, (hereinafter referred to as the "Act"):
PART THE FIRST
GENERAL PROVISIONS
§ 1
(1) the bailiff (hereinafter referred to as the "executor") carries out enforcement activities and
other activities in return for remuneration, the amount of which and the method of determining it is governed by the
This Decree.
(2) other activities of bailiff means the provision of legal aid,
drafting of bailiffs ' entries, taking things into custody, the implementation of the
other activities on the basis of the mandate of the Court, in particular the service of documents
the Court and bailiff's activities, and implementation of auctions of movable
or on a proposal from the owner of the immovable property or the person entitled to dispose of the
Affairs (hereinafter referred to as "voluntary auction"). Other activities of the executor of the means
also asset management under mandate from the Court or the Prosecutor
in criminal proceedings.
(3) the remuneration of the bailiff's fee is included as well as a replacement for the normal administrative and
other work in connection with the execution of the activities and other activities
the executor.
§ 2
(1) in connection with the execution of the activities, and other activities is the executor
entitled to reimbursement of cash expenses and compensation for service of documents.
(2) in connection with the execution of the activities belong to the executor in addition to claims
in accordance with paragraph 1, compensation for loss of time.
§ 3
He arranged for the executor with a legitimate leadership in the contract execution contract
the reward is the executor for the performance of activities in addition to the enforcement of rights under § 1
paragraph. 1 and § 2 contractual remuneration.
§ 4
Enterprise Manager is enforcement activity and sale of a business
reimbursement of cash expenses.
PART TWO
THE PERFORMANCE OF ENFORCEMENT ACTIVITIES
TITLE I OF THE
THE REWARD FOR THE PERFORMANCE OF ENFORCEMENT ACTIVITIES
The reward for the execution of imposing the payment of an amount of
§ 5
(1) unless otherwise further, is the basis for determining the remuneration for the
the execution of imposing the payment of an amount above executor vymoženého
the performance which do not include the cost of execution and the cost of the entitled party.
(2) if in connection with the sale of movables payday occurs more
claims from the proceeds, the basis for determining the remuneration of that part of the collected
the amount that was paid to these claims.
(3) If in connection with a disability or in connection with real estate
disabilities were totally or partially satisfied claims
authorized, the guy who came up in the proceedings as a more legitimate or
the creditor to the debtor who submitted the application, is the basis for determining
the rewards of that part of nature which has been so satisfied
the claims of these people.
(4) if the seizure is conducted on the basis of the enforcement order, in which the
the creditor shall be entitled to grants recurrent performance, is the basis for
the determination of the remuneration of the sum of the transactions which are to be enforced. In the case of
performance for an indefinite period, for life or for a period longer than five
years, is the basis for determining pay five times the value of annual benefits.
§ 6
(1) the remuneration for the execution of the payment of an amount of money amounts to imposing
to 3 000 000 Czk base............................... 15%,
of excess amounts up to Czk 40 000 000 base ... ... 10%,
excess amounts of up to $50 000 000 base....... 5%,
of excess amounts up to Czk 250 000 000 base ... ... 1%.
(2) the amount of Eur 250 000 000 to the Foundation.
(3) the remuneration referred to in paragraph 1 shall be at least 3 000 CZK.
The reward for the execution of imposing another obligation than paying cash
the amount of
§ 7
The reward for the execution of clearing out
The remuneration of executor makes 10 000 CZK for each vyklizenou property
construction, apartment or room.
§ 8
The reward for execution by removing stuff
The reward for the execution of the executor by removing things that matter for each
or set of things 15% of their value, but at least Czk 2 000.
§ 9
The reward for the Enforcement Division of the common thing
(1) the amount of the remuneration of the bailiff's fee for the Enforcement Division of the common thing in
When the common thing to be sold and the proceeds divided between the
the co-owners shall be calculated pursuant to § 6. The basis for determining the amount of remuneration
is the proceeds of sales things.
(2) the remuneration of the bailiff for the Enforcement Division of the common thing when
common cause has to be divided otherwise than by sale, the 6 000 CZK
each case being divided.
§ 10
The reward for execution by performing the work and performance
The remuneration of the bailiff's fee amounts to 6 000 CZK for each execution of the enforcement order, which
stores carry out the work and performances.
§ 11
Provisions common to the remuneration for the performance of enforcement activities
(1) required to, within 30 days from the date of receipt of the request to meet
the enforcement of the obligations imposed to pay an advance on the claim, and reduced costs
execution and the cost of authorized (§ 46 para. 6 of the law), belongs to the bailiff
reward
and) amounting to 50% of the remuneration referred to in paragraph 6, with respect to the execution of imposing the payment of a
an amount of money,
(b)) in the amount of 30% of the salary pursuant to § 7 to 10, in the case of the execution of imposing
other obligation than the payment of an amount of money.
(2) the permission lapses if the executor to manage for the execution of the decisions of the Court
the exclusion of the bailiff or enforcement, or by changing the executor
pursuant to section 51 (a). a), b) and d) of the Act, the remuneration of the bailiff, whose
permission disappear, 3 000 Eur, unless otherwise further.
(3) if the executor before it for the reasons referred to in paragraph 2 ceases its
authorized to execution on cash transactions already enforced part
claims, it has the reward provided for pursuant to § 6 of the collected parts
the claim, at least in the amount referred to in paragraph 2.
(4) the bailiff remuneration in the amount of $500, unless the executor in charge
the leadership of the execution and rejected the proposal of execution or refused or stopped if
the enforcement proceedings.
(5) if the executor was not entrusted with the leadership of the execution or if the permissions
one of the reasons that the bailiff was a reward he does not belong.
(6) claims to reimbursement of expenses incurred by the bailiff in the context of
enforcement activities are not the provisions of paragraphs 1 to 5.
§ 12
Advance on the costs of execution
(1) the amount of the advance on costs of execution and the deadline for its payment determines the
the executor.
(2) the advance payment on the cost of execution requiring payment of an amount of
shall not exceed 50% of the remuneration referred to in paragraph 6 and the lump sum compensation
cash expenses pursuant to § 13 para. 1, or estimate of reasonably incurred
cash expenses, is higher than the flat-rate amount referred to in § 13 para. 1.
the basis of the remuneration is deemed to be the amount of the claim, to be enforced; to
Accessories claims are disregarded. In the case of distraint
imposing another obligation than the payment of an amount of the advance
to the cost of execution may not exceed 50% of the remuneration laid down for such execution
in sections 7 to 10, or lump-sum compensation cash expenses pursuant to section 13
paragraph. 1, or an estimate of the cash expenses reasonably incurred, if the
higher than the flat-rate amount referred to in § 13 para. 1.
TITLE II
REIMBURSEMENT OF CASH EXPENSES, COMPENSATION FOR LOSS OF TIME AND THE REPLACEMENT FOR THE DELIVERY
Of DOCUMENTS
section 13 of the
Reimbursement of cash expenses
(1) the bailiff shall belong, in connection with the performance of enforcement activities
reimbursement of cash expenses in a lump sum of $3 500. This replacement
It includes in particular the Court and other fees, travel costs, postage,
payment to the persons carrying out the service of mail, telecommunications,
professional representation of true copies, photocopies and reimbursement of costs of inserting or
get the data from the central information systems.
(2) if the amount exceeds the cash expenses reasonably incurred in the executor
enforcement activities related to the carrying amount of 3 500 Czk, it has the
instead of the refund referred to in paragraph 1, the refund of cash expenses in full.
This cost is the executor is obliged to demonstrate.
(3) if the debtor within 30 days from the date of receipt of the request to meet
the enforcement of the obligations imposed, the claim does not exceed the performance of the recovered 10
USD and pay the required deposit on reduced costs and the costs of execution
legitimate, it belongs to an executor instead of a refund under paragraph 1
reimbursement of cash expenses in lump sum 1 750 CZK. The provisions of paragraph
2 shall apply mutatis mutandis.
(4) the bailiff shall belong instead of the refund referred to in paragraph 1, the refund
cash expenditures in the flat-rate amount of $200, if the bailiff in charge
the leadership of the execution and rejected the proposal of execution or refused or stopped if
the enforcement proceedings. The provisions of paragraph 2 shall apply mutatis mutandis.
(5) the bailiff shall belong to refund cash expenses reasonably incurred on the
expert reports and translations that the bailiff is obliged to demonstrate. This
reimbursement is not included in the flat-rate amounts referred to in paragraphs 1 and 3.
(6) the amount of the refund of travel expenses shall be governed by a special legal
Regulation ^ 1). The amount of the reimbursement of travel expenses, which is part of the cost
execution, shall not exceed 1 500 CZK per one path to space, which is not based
bailiff, who leads the execution, and back. A common path in more
enforcement procedures conducted by the same executor belongs to the reimbursement of the travel
expense only once. The bailiff shall, in each of these proceedings
a proportion of the reimbursement of travel expenses.
(7) the refund of the costs incurred on the expert opinions are governed by specific
the law ^ 2).
(8) paragraphs 1 to 7 shall not apply, if legitimate, he negotiated with the bailiff
in advance the amount of the expenses reasonably incurred under section 89 of the Act.
(9) if enforcement proceedings Are partakers of 2 or 2 permissions required,
increasing the lump-sum reimbursement of cash expenses referred to in paragraphs 1 and 3
about 30%. If enforcement proceedings účastno more than 2 or
more required than 2, increasing the lump-sum refund of finished
the expenditure referred to in paragraphs 1 and 3, regardless of the number of participants to 50%.
§ 14
Compensation for loss of time
(1) compensation for loss of time belongs to the bailiff enforcement tasks
the activities carried out in a place that is not based of his Office, for the time
travelling to this place and back. The amount of compensation for loss of time,
that is part of the cost of execution, shall not exceed 500 Eur one way
to the point that it is not the seat of the bailiff, who leads the execution, and back.
(2) compensation for loss of time spent traveling to the place which is not based
of his Office, shall be subject only once, when he performed in this place
acts in multiple execution proceedings. The bailiff in each of these proceedings
entitled to a proportion of the compensation for the loss of time by number of operations
undertaken in the individual execution proceedings.
(3) the refund is 50 Czk for every new quarter.
§ 15
Compensation for service of documents
(1) if the document is served by the bailiff in execution proceedings itself, it has the
compensation for service of documents.
(2) compensation for the service of documents consists of the reimbursement of cash expenses
reasonably incurred in the service of the document and of the lump sum payment in the amount of
50 Kč for delivery of a single document. Delivers to the same person more
of documents at the same time, the flat-rate amount is not increased.
(3) if the addressee has not been possible to effect service, belong to the executor
reimbursement of cash expenses reasonably incurred in the service of the document.
PART THREE
LEGAL AID
section 16 of the
(1) The determination of the amount and the method of determining the remuneration of the bailiff's fee for the provision of
legal assistance and refund of cash expenses in connection with the
the provision of legal aid, the bailiff shall apply mutatis mutandis special
legislation. ^ 3) in providing legal services under this
special legislation for the purposes of this Ordinance shall be deemed to
the provision of legal aid by the bailiff.
(2) compensation for the service of documents in connection with the provision of legal
assistance shall be governed by the provisions of section 15.
PART FOUR
DRAFTING OF BAILIFFS ' LISTINGS AND RECEIVE THINGS FOR SAFEKEEPING
§ 17
(1) The determination of the amount and the method of determining the remuneration of the bailiff's fee for drawing up
bailiffs ' writes, and for taking things into custody and determination
reimbursement of cash expenses in connection with the drawing up of bailiffs '
writes, and with receiving things for safekeeping shall apply, mutatis mutandis, the Special
legislation. ^ 4) in drafting notarial acts and for the adoption of the instruments and
money in trust for a notary public under this special legislation is
for the purposes of this Ordinance be deemed registration and acceptance of the drafting of the bailiff
things for safekeeping by the bailiff.
(2) compensation for the service of documents in the context of drawing up
bailiffs ' writes, and with receiving things for safekeeping shall be governed by the provisions of the
§ 15.
PART FIVE
OTHER ACTIVITY UNDER THE AUTHORITY OF THE COURT
section 18
(1) the service of documents on behalf of the Court to the court bailiff
the remuneration in the amount of CZK 50 for delivery of a single document; This remuneration includes
compensation for service of documents. Delivers to the same person more
of documents at the same time, the reward is not growing. If the addressee has not been possible to
served, the bailiff remuneration does not belong.
(2) the Reimbursement of cash expenses in connection with the service of documents
the Court shall be governed by the provisions of section 13.
§ 19
(1) the pursuit of the activity of the bailiff of the Court to credentials
the bailiff,
and if enforced) is a monetary amount of 15 000 CZK including, in
the amount of 300 CZK
(b)) if the amount of the monetary penalties higher than 15 000 Czk, reward
in the amount of 2% of this amount, but not more than 50 000 Eur,
c) if enforced consideration, the reward in the amount of $1 000.
(2) the remuneration determined in accordance with paragraph 1 shall be payable for each compulsory executor
execution of the decision, when the implementation of which is under the authority of the court bailiff
acts of the executor.
§ 19a
(1) for the realisation of individual things, rights and other assets of the
zůstavitelova property in the auction based on the credentials of the Court to
executor remuneration in the amount of 5% of the proceeds of the auction, but at least 1 000 Czk
and not more than 1 000 000 CZK, increased by 1% from the proceeds of the auction of more than 10
000 000 CZK.
(2) If, in the framework of the mandate referred to in paragraph 1 performed more auctions
the basis for the calculation of the remuneration shall be the sum of all net proceeds.
(3) The reimbursement of cash expenses in connection with the realisation of the individual
things, rights and other assets of zůstavitelova assets in the
the auction shall apply mutatis mutandis to section 13, for compensation for the service of documents
Similarly, section 15.
section 20
(1) the refund of cash expenses in connection with the performance of the activities of the Court of
the executor shall be governed by the provisions of section 13.
(2) compensation for the service of documents in connection with the performance of the activity
the bailiff shall be governed by the provisions of section 15.
section 21
If the executor of the credentials of the Court activity is different from the activities
referred to in articles 18 to 19a, belongs to him for any act of the reward in the
the amount of $100, and the replacement of cash expenses and compensation for service of documents
pursuant to section 20.
section 22
Remuneration and compensation for another activity performed on behalf of the court bailiff
be paid to the bailiff a court that has charged him with this activity.
§ 22a
Remuneration for the management of the Affairs and property of the secured
(1) when determining the amount and the method of determining the remuneration for the management of the case or
assets that have been secured in the criminal proceedings, proceed similarly
under special legislation ^ 4a). The basis for the remuneration of the bailiff's fee is
the price of things or property entrusted to the administration by the phrase
the first, identified by a special legal regulation ^ 4b).
(2) the Court may, on a proposal from a bailiff or Prosecutor that the executor
the administration of the affairs or property entrusted to take measures to impose
It was provided before the final termination of criminal proceedings
a reasonable advance on the remuneration and the reimbursement of cash expenses, if it is
justified by the duration of criminal prosecution or other serious reasons.
(3) the Remuneration, the remuneration and reimbursement of the advance referred to in paragraph 4 to the bailiff
the Court or the Prosecutor shall be paid by the administration of the case or
assets commissioned.
(4) reimbursement of cash expenses in connection with the administration of the affairs or property
shall be governed by the provisions of § 13, the replacement for the service of documents is governed by the
the provisions of § 15.
PART SIX
IMPLEMENTATION OF AUCTIONS
Article 23 of the
(1) The determination of the amount and the method of determining the remuneration of executor for execution
auctions and to determine the compensation cash expenses in relation
with the implementation of a voluntary auction shall apply mutatis mutandis, specific legal
prescription. ^ 5) for the costs of the auction according to this special legal regulation
for the purposes of this Ordinance shall be deemed to reward the executor and the compensation of the finished
expenditure.
(2) compensation for the service of documents in connection with the implementation of
auctions are governed by the provisions of section 15.
PART SEVEN
THE ACTIVITY OF THE ENTERPRISE MANAGER
section 24
On the determination of the amount and the method of determining the remuneration of the Manager of the company and the
determination of the compensation cash expenses in connection with the activities of the administrator
the undertaking shall apply mutatis mutandis special legislation. ^ 6)
PART EIGHT
LIABILITY INSURANCE
§ 25
Executors of the Czech Republic may impose to convey
the negotiation of a Treaty on liability insurance, which could
arise in connection with the performance of enforcement activities and the bailiff may
This mediation in the negotiations with the insurer to take advantage of.
PART NINE
COMMON AND FINAL PROVISIONS
section 26
(1) the remuneration of the bailiff for the release of the statement from the bailiff for enrollment
every new party issued the text of this statement 200 CZK.
This contains a listing of the bailiff write copies of the annexes
the bailiff write, the reward for each side attachment.
(2) the remuneration of the bailiff for the issue of another copy of the enrollment of the bailiff
shall be issued for every new page text of the bailiff write 100
CZK. If this copy of the bailiff write copies of the annexes
the bailiff write, the reward for each side attachment.
(3) the remuneration of the bailiff's fee for the issue of a copy of the minutes and the plain of the bailiff
the statement, a copy of the file is or confirmation for every new page
text 30 CZK.
section 27 of the
The basis for determining the remuneration of the bailiff's fee is rounded up to full hundred crowns
up and calculated the reward on the entire ten-up.
section 28
The effectiveness of the
This Decree shall take effect on the date of publication.
Minister:
JUDr. Bures in r.
Selected provisions of the novel
Article II of Decree No. 233/2004 Coll.
Transitional provisions
1. canceled
2. the remuneration for the management of the case or the assets that have been secured in the criminal
control, belongs to an executor, even when he was in charge of this activity
before the date of entry into force of this Decree.
Article II of Decree No. 291/2006 Coll.
Transitional provisions
1. canceled
2. the remuneration for the management of the case or the assets that have been secured in the criminal
control, belongs to the bailiff in accordance with Decree No. 330/2001 Coll., as amended by
Decree No. 330/2004 Coll. and of this order, if the Administration was
commissioned 1 July 2007. August 2006.
Article. (II) Decree No. 330/2008 Coll.
Transitional provision
Enforcement proceedings initiated and a work in progress in the effective date of this
the Decree shall be completed in accordance with Decree No. 330/2001 Coll., in the version in force in
the effective date of this Ordinance.
Article. (II) Decree No. 368/2009 Coll.
Transitional provision
If the debtor was the effective date of this order served to challenge
under section 11 (1) 2 (a). and) Decree No. 330/2001 Coll., in the version in force
to the effective date of this order, they shall be taken in accordance with the existing
legislation.
Article. (II) Decree No. 63/2012 Coll.
Transitional provision
If there was a resolution on regulation of execution issued to the effective date of this
the Decree, under the existing legislation.
Article. (II) Decree No. 490/2012 Coll.
Transitional provisions
1. The proceedings initiated before the date of entry into force of this order, the
They shall apply the provisions of § 5, 13 and 14 of Decree No. 330/2001 Coll., as amended by
effective before the date of entry into force of this Decree.
2. If the bailiff in charge before the date of entry into force of this
the decree making the auction within the disposal of heritage, section 19a of the Ordinance
No. 330/2001 Coll. in the version in force from the date of entry into force of this order
shall not apply.
1) Act 119/1992 Coll., on travel compensation, as amended by Act No.
44/1994 Coll., Act No. 125/1998 Coll., Act No. 36/2000 Coll., Act No.
132/2000 Coll., Act No. 220/2000 Coll., Act No. 309/2002 Coll. and act
No 320/2002 Sb.
2) Act 36/1967 Coll. on experts and interpreters.
Decree 37/1967 Coll., to implement the law on experts and interpreters,
as amended by Decree No. 11/1985 Coll., Decree No. 184/1990 Coll., Decree No.
77/1993 Coll. and Decree No. 432/2002 Coll.
2A) Decree No. 331/2001 Coll., on the central register of execution, as amended by
Decree No. 130/2005 Coll.
3) Decree No. 177/1996 Coll. on remuneration of lawyers and compensation lawyers
for the provision of legal services (lawyer's tariff), as amended by Decree No.
235/1997 Coll. and Decree No. 484/2000 Coll.
4) Decree No. 196/2001 Coll. on remuneration and compensation of notaries and administrators
heritage.
4A) § 22-23a, Decree No. 196/2001 Coll. on remuneration and compensation of notaries
and administrators of the inheritance, as amended by Decree No. 403/2005 Coll.
4B) Act 151/1997 Coll., on the valuation of assets and amending certain
laws (law on the valuation of assets), as amended by Act No. 121/2000 Coll.
Act No. 237/2004 Coll. and Act No. 257/2004 Coll.
5) Act 26/2000 Coll., on public auctions, as amended by Act No.
120/2001 Sb.
6) Decree No. 485/2000 Coll. on remuneration firm managers
its destination and determine compensation for their final expenditure.