He Public Research Institutions

Original Language Title: On Public Research Institutions

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=60379&nr=341~2F2005~20Sb.&ft=txt

341/2005 Sb.



LAW



of 28 June. July 2005



of public research institutions



Change: 533/2006 Sb.



Change: 379/2007 Sb.



Change: 296/2007 Sb.



Change: 110/2009 Sb.



Change: 227/2009 Sb.



Change: 281/2009 Coll., 427/2010 Sb.



Change: 396/2012 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



INTRODUCTORY PROVISIONS



§ 1



The subject of the edit



This Act regulates the



and the establishment of) the method, activity and method of cancellation and demise of the public

research institutions,



(b) the status and powers of the founder) and public research institutions

institutions and



(c)) the conversion contribution organisations engaged in research on public

research institutions.



§ 2



Public research institutions



(1) a public research institution is a legal entity, whose main

the subject of activity is the research, including the provision of infrastructure

research, as defined by the Act on the promotion of research, development and innovation of ^ 1).

Public research institutions, their main activities, provides research

in particular, supported from public funds in accordance with the conditions for

the granting of public aid laid down by the law of the European

Community ^ 2).



(2) the public research institutions can be established, the Czech Republic, or

local government (hereinafter referred to as "the founder"); on behalf of the Czech

the founder of the Republic fulfils the function of public research institutions

the Ministry, another central authority of State administration or the Czech Academy of Sciences

Republic in the position of the organizational components of the Czech Republic (hereinafter referred to as

"the State").



(3) the activities of public research institutions must be in accordance with the Special

the legislation governing the public support.



(4) information on the results of the research activities of public research institutions

must be publicly available in the information system of research, development and

Innovation ^ 3) and in the annual report on the activities and management of public

research institutions (hereinafter referred to as the "annual report") published by the way

enabling remote access no later than 30 days after its approval,

unless otherwise provided by special laws.



(5) the name of the public research institution must include the designation "public

research institution "or its abbreviation" in v. i. ". Other persons shall not in

your name or business company use this designation.



(6) Contractual relations between public research institutions and each other

between public research institutions on the one hand and the State, territorial

Government unit or high school on the other hand, in the implementation of

the main, or other activities of public research institutions, as well as

and obligations between public research institutions and entrepreneurs in the

the realization of the main, or other activities of public research institutions and

business entrepreneurs shall be governed by the commercial code.



PART THE SECOND



THE ESTABLISHMENT AND FORMATION OF PUBLIC RESEARCH INSTITUTIONS



§ 3



The establishment of public research institutions



(1) a public research institution is established on the date of issue of the incorporation of the Charter

the founder of the. Incorporation deed is issued and when the emergence of public research

fusion of institutions (§ 11 par. 3 and 4) and distribution (article 11, paragraph 5, and 6).



(2) the Incorporation Charter contains



and the designation and address of business) component of the State carrying out the function of

the founder or, if the founder of a territorial self-governing unit, its

the name and identification number of the person (hereinafter referred to as "identification number"),



(b) the name and registered office) public research institutions,



(c)) period for which the determination is made public research institutions; in

the case of the establishment of a public research institution for a specified period must be

This time,



(d)) the purpose to which it is a public research institutions established, and

corresponding to the type of activity in the research as the main subject of activity

public research institutions,



e) subject, conditions and scope of activities that are not research or its

the infrastructure,



(f) the definition of the assets) is inserted into a public research institution,

including the award of the assets by accounting prices according to a special legal

Act, and the definition of liabilities associated with the inserted asset and

passed on to the public research institution



(g) the determination of the basic organizational structure), public research institutions,



(h)) to determine which employees become public research institutions

the staff of the public research institution, where a distribution.



(3) if the subject of the property defined in the founding Charter of

real estate registered in the cadastre of real estates of the Czech Republic (hereinafter referred to as

"land registry"), must be marked according to a special legal

code ^ 4).



§ 4



The emergence of public research institutions



(1) a public research institution is acquired on the day on which it is registered to the

the register of public research institutions.



(2) a proposal for the registration of a public research institution in the register of public

research institutions served the Ministry of education, youth and

Sports founder. The proposal specifies the founder's day, which has to be

entry is made. A proposal for registration must be accompanied by the founding Charter.

In cases where a public research institution produces fusion or

the Division, the founder of the design on her writing, together with a proposal for a

the cancellation of the companies from the register of public research institutions of public

research institutions.



§ 5



(1) on behalf of the public research institution at the time of its establishment to the

its creation is the founder of the Act.



(2) at the time of the formation of public research institutions until the appointment of the

Director of public research institutions is authorized to act on behalf of the public

research institutions founder of the person responsible for the management of public research

of the institution.



(3) the acts referred to in paragraph 1 is bound to founder. The emergence of public

research institutions are switching the rights and obligations arising out of the negotiations

governing body referred to in paragraph 1 to a public research institution.



§ 6



Index of public research institutions



(1) the register of public research institutions is a public list, in

which shall contain the information prescribed by law for public research

institutions. Index of public research institutions leads the Ministry of

education, youth and sports.



(2) at the hearing, in charge of the registration of public research

institutions, the possibility of the opposition, disclosure and the contents of the

instruments, the effects of this publication and the consequences of non-compliance among registered and

published data or stored and published documents applies

Similarly, the provisions of the special legal regulation governing commercial

index ^ 5).



(3) in the register of public research institutions are recorded



and the date on which) was written,



(b)) change the provisioning of the Charter,



(c) the name and registered office) the identification number of the public research institutions,



(d) designation and address of business) component of the State carrying out the function of

the founder or, if the founder of a territorial self-governing unit, its

the name and identification number,



(e) the name, if applicable) name, surname of the person responsible for the management of public

research institutions, pursuant to section 5 (3). 2 and his place of permanent residence on the

the territory of the Czech Republic, or residence abroad and their place of residence on the territory of the

The Czech Republic, the day of the grant or the day of the withdrawal of the credentials



(f) the name, if applicable), name, last name of the Director and the place of his permanent

stay on the territory of the Czech Republic, or the place of residence and their place of residence abroad

on the territory of the Czech Republic, the day of the initiation and termination of their function

the Director,



(g)) subject to the principal activity (kind of activity in the research), to whose

the implementation of a public Research Institute was established,



h) course for more or other activities (article 21 (3)), has been established

in the founding Charter,



I) cancellation of public research institutions, its legal justification, and the date on

Public Research Institute which has been repealed,



(j)) when you cancel a public research institution with access to

disposal and the name or names, the surname of the liquidator and the place of his

permanent residence on the territory of the Czech Republic, or residence abroad, and

place of residence in the territory of the Czech Republic,



to the termination of the liquidation and the day), which was the liquidation of terminated



l) merging public research institutions with the fact that for each of the company

public research institutions, writes that the lapse by the merger, and the name,

registered office and identification number of the recipient and the public research institutions

acquiring public research institution, writes that it crossed

the assets and liabilities of the company public research institutions, and the name, registered office

and the identification number of the company public research institutions or

the companies of public research institutions



m) merging public research institutions with that of the companies

public research institutions, writes that ceases, and fusion

name, registered office and identification number of the recipient of public research

the institution, which was established by the fusion, and acquiring public research

institution writes that it crossed over the assets and liabilities of the companies

public research institutions, and the names and identification numbers

the companies of public research institutions



n) the allocation of public research institutions with that of the company public
research institutions, writes that the lapse by splitting, and the names, location and

the identification number of the recipient of public research institutions and

each public research institution, which was formed by splitting,

will writes that the split that it crossed over the assets and liabilities

the company public research institutions referred to in the decision of the founder

the Division, the name, address and identification number of the company public

research institutions, as well as the names and identification numbers

the other recipient of public research institutions that arose

the allocation,



about) bankruptcy on the assets of public research institutions, name,

where appropriate, the name, surname or company insolvency administrator and its

registered office,



p) revocation of bankruptcy and the day on which the bankrupt was cancelled,



q) rejection of the insolvency petition for lack of assets,



delivery notification) of the initiation of the execution on the assets of public research

institution name, or name, surname of the executor and its place

stay on the territory of the Czech Republic, or residence abroad and place his

stay on the territory of the Czech Republic,



with) the modification or cancellation of registered facts



t), lays down the law.



(4) a proposal for the registration of public research institutions in the register of public

research institutions, the proposal to change the provisioning of the Charter, the changes in the

the person of the Director of public research institutions, merger, amalgamation or

the Division of public research institutions, public research institutions

into liquidation and the proposal for its deletion from the register of public research

the institution serves the founder. In other cases the person entitled

to submit a proposal for the entry in the register of public research institutions

Director of public research institution or its liquidator.



(5) for registration must be accompanied by supporting evidence 1

the fact that they have to be in the register of public research institutions

written, and documents, which are based in a collection of documents.



(6) the information referred to in paragraph 3 shall be published by the Ministry of education, youth

and sports within 30 days of completion of the registration in the trade journal ^ 6).



section 7 of the



(1) in proceedings for the registration in the register of public research institutions

public research institutions, as well as the procedure for registration of changes, or

delete not yet registered facts, proceed in accordance with the administrative

order ^ 7), unless otherwise provided by this Act.



(2) the Ministry of education, youth and sports will decide on the proposal on

the registration of public research institutions in the register of public research

institutions, as well as on the proposal to commit the changes or deletion of registered yet

the facts in the case of the registration of public research institutions

public research institution shall be assigned the identification number of the person granted

the administrator of the basic registry of persons ^ 7a), and without undue delay, carry out

entry in the register of public research institutions.



(3) the Ministry of education, youth and sports of the rejects for registration

public research institutions in the register of public research institutions

are not subject to the conditions laid down in this law for the establishment and creation,

where appropriate, for the demise of public research institutions, there is a public

fusion research institutions or distribution.



(4) after the registration of the amendments to the instrument of incorporation founder without undue delay

the full text of the Charter shall be the provisioning and transmit them to the Ministry of

education, youth and sports, which is to be published in an

remote access.



§ 8



(1) the part of the register of public research institutions is a collection of documents

containing the



and the instrument of incorporation and its) changes, the full text of the provisioning of the Charter,



(b)) of the annual report,



(c)) of the financial statements and the auditor's report on verification of their



(d) proof of appointment) of the appeal or of another way of their performance

the function of the Director, or the liquidator, or the granting or

the withdrawal of the credentials management of public research institutions,



e) specimen signature of Director or the person responsible for the management of the founder

public research institutions, where appropriate, the liquidator,



(f)) decision concerning the abolition of public research institutions,



g) report on progress of the liquidation and report on the disposition of assets and liabilities

public research institutions,



h) decision on the merger, amalgamation or Division, or the Treaty on

merging or amalgamation,



I) decision of the Court issued pursuant to the law governing bankruptcy and ways

his solution,



(j)) of the Charter, which provided for by this law.



(2) the Ministry of education, youth and sports runs for each

registered public research institution in the collection of documents of the special folder.



(3) If, in the collection of documents is not saved some of the documents referred to in

paragraph 1, the Ministry of education, youth and sports, as soon as this

They note that in the collection of documents, invite the public

research institution, to the instrument specified for inclusion in the collection of documents

transmitted without undue delay and shall notify the providers.



(4) if the instrument is not to be stored in a collection of documents, drawn up

in the Czech language, the Ministry of education, youth and sports

request a translation into the Czech language this instrument executed by the interpreter

registered in the list of experts and interpreters ^ 9). The authenticity of the signature and fingerprint

the stamp on the original submitted documents that have been released in the

abroad, must be verified. Request to perform translation

an interpreter registered in the list of experts and interpreters, and the requirement to

Verify the authenticity of the signature and stamp shall not apply to the State

nationals of a Member State of the European Union or a legal person with

Headquarters, the official administration or principal place of business in the

the Member State of the European Union, if there are doubts about the correctness of the

translation, where appropriate, about the authenticity of the signature or the stamp.



§ 9



(1) the obligations relating to the register of public research institutions

person authorized to submit the proposal to the, where appropriate, cancellation of registration, required to

meet without undue delay after the event occurred.

The Court's decision, which is based in a collection of documents, shall be forwarded

The Ministry of education, youth and sports to the founding of the collections

documents without undue delay from the date of the entry into force of the decision

the Court.



(2) where the Ministry of education, youth and sports of the mismatch between the

the real legal situation and the status of the entries in the register of public

research institutions, public research institution to handle

axle. If this fails to public research institutions within the time limit laid down

The Ministry of education, youth and sports of the remedy, the Court may, on

the proposal of the Ministry of education, youth and sports, where such a procedure

in order to protect the rights or interests of third persons protected by the law,

decide on the cancellation and liquidation of public research institutions.



(3) the implementation of the registration in the register of public research institutions and

deposit of the instrument in the collection of documents, the Ministry of education, youth and

Sports shall be published without undue delay in a trade journal.



(4) the registration of a public research institution and its object, write

changes or cancellation has not yet written the facts shall notify the Ministry of

education, youth and sports to the competent tax authority ^ 10),

regional financial institutions, as amended by later regulations, the authority

the executing State statistical service ^ 8) and the authority which issued the

the trade licence or other business privileges, no later than

1 week from the date of registration.



(5) the register of public research institutions, including the collection of documents

are publicly available in paper and electronic form, and even

through a public information network, in particular on public Portal

Administration. Everyone has the right to inspect the register, make copies of or

listings. The Ministry of education, youth and sports on demand

certified complete or partial copy of the registration or stored in

the collection of documents, the confirmation of a specific listing or the listing or on the fact that in the

the register of public research institutions, this registration is not.



PART THE THIRD



Cancellation and termination of public research institutions



§ 10



The abolition of public research institutions



(1) the demise of public research institutions, preceded by its withdrawal without

liquidation or winding up.



(2) a public research institution is deleted



and the founder of the cancellation decision) public research institutions

liquidation,



(b) the decision of the founder of the merge), splynutí11), or on the distribution,

where appropriate, the Treaty on the merger, amalgamation or Division closed

among the founders,



(c)) date of expiry which was a public Research Institute established



(d)) the achievement of the purpose for which it was established, a public research institution



e) rejection of insolvency for the lack of public assets

research institutions or abolition of bankruptcy after meeting rozvrhového

the resolution of the bankruptcy or cancellation on the grounds that the assets of public research

the institution is entirely insufficient, or



(f)), by a court decision.



(3) a public research institution is deleted in the cases referred to in

paragraph 2 (a). and (b)) and on the day) laid down in the decision; in the case of
the cancellation provided for in paragraph 2 (a). (f)) on the date of the Court decision provided for in

However, as soon as possible to the date of the decision.



§ 11



The abolition of public research institutions without liquidation



(1) the merger leads to the extinction of one or more public research

institutions (hereinafter referred to as "the company"), preceded by their

cancellation without liquidation; the assets and liabilities of the institution being acquired, including

the rights and obligations of labour relations are switching to a different

public research institution involved in a merger, which does not terminate the

(hereinafter referred to as the "recipient institutions").



(2) a merge is decided by the founder with the prior consent or on the

the proposal of the Council of each of the public research institutions, which will merge

participating. The decision of the founder of the merge must contain the name, registered office

and the identification number of the institutions being acquired, name, registered office and

the identification number of the recipient institution. At the same time the founder of changes

the instrument of incorporation of the acquiring institution. If the merged institution

set up different founders, replaced by a decision on the merger contract

the founders of the merger, which must determine which of the founders

will exercise the rights and obligations of the founder in relation to acquiring

the institution. This changes the provisioning list recipient founder

of the institution. If they merge public research institutions set up by the Czech

Republic and the scope of the founder perform different organizational folder

the State shall conclude a written agreement, the folders in which it lays down, which of the

they will perform on behalf of the rights and obligations of the Czech Republic

of the founder. The founder shall issue a decision on a merger, and at the same time

changes the instrument of incorporation of the acquiring institution.



(3) the Fusion occurs to the demise of two or more public research

institutions, preceded by their abolition without liquidation; assets and

obligations of merging institutions including the rights and obligations of the

labor relations are switching to the newly emerging succession

the institution.



(4) a merger is decided by the founder with the prior consent or on the

the proposal of the Council of each of the public research institutions that are merging

participating. The decision of the founder of the merger must contain the name, registered office

and the identification number of the merging institutions. At the same time the founder issue

the instrument of incorporation of the acquiring institution. If the institution being acquired

set up different founders, replaced by decision of merger contract

the founders of the merger, which must determine which of the founders

will exercise the rights and obligations of the founder in relation to acquiring

the institution. This incorporation deed shall issue the founder of the acquiring

of the institution. If they are acquired by public research institutions set up by the Czech

Republic and the scope of the founder perform different organizational folder

the State shall conclude a written agreement, the folders in which it lays down, which of the

they will perform on behalf of the rights and obligations of the Czech Republic

of the founder. This decision of the founder of communion and at the same time

the acquiring institution shall issue a deed of incorporation.



(5) the Division of a public research institution. Its demise

preceded by a cancellation without winding up with the fact that its assets and liabilities including

the rights and obligations of the labor relations passed on to the successor

institution to the extent stated in the judgment of the distribution. The successor

the institution shall be liable for the obligations that it as a result of the Division were transferred to the

the amount of the value of the assets acquired, less liabilities, which in

due to the split. Of the obligations that are not listed in the

the decision on the allocation of the acquiring institution are bound together and

severally liable.



(6) the distribution is decided by the founder, with the prior consent or on the

the proposal of the Council of the institution. The decision of the founder of the distribution must contain

name, registered office and identification number of the institutions being acquired, determine what

assets and liabilities, which are propagated to each of the acquiring institution.

At the same time with the decision of the Division shall issue a deed of incorporation founder

the acquiring institution.



(7) the legal effects referred to in paragraphs 2, 4 and 6 occur on the date of

the implementation of registration in the register of public research institutions.



The abolition of public research institutions with the liquidation



§ 12



(1) for the abolition of public research institutions and on its entry into liquidation

the founder shall act with the prior consent of the Council, or on a proposal from

of the institution.



(2) unless otherwise provided in this Act, shall apply to the cancellation of the public

research institutions with the provisions of the special legal regulation

the disposal companies ^ 12).



(3) the winding-up balance on the date of deletion from the register goes public

research institutions on the founder. The founder of the costs shall be borne by

disposal including the reimbursement of the costs of the remuneration of the liquidator.



section 13



(1) for the abolition of public research institutions and on its entry into liquidation

may decide the District Court in whose district has a public research

institution is situated (hereinafter "the Court") on a proposal from the person demonstrating a legitimate

interest, if



and all institutions were established) public research institutions (§ 16 to

19) for longer than 6 months,



(b)) in any of the organs of public research institutions conferring more than

6 month membership to persons performing the function of this body or its

Member, without new appointment or election of that authority or of the

a member of the authority,



(c)) in the last 12 months the existence of public research institutions

There was even one session of the Council of the institution,



(d)), a public Research Institute does not perform the main activity referred to in

the provisioning list for longer than 6 months,



(e)), a public Research Institute operates more or other activities in the

contrary to § 21. 3 or the provision of additional or other activities of an

in the period of 6 months has repeatedly compromised the quality and range of the main

the activities, for which the implementation has been a public Research Institute established



(f)), a public Research Institute uses the income from their activities or of

his property in contravention of this Act.



(2) the Court may decide to revoke the public research institution and its

entry into the disposal, even without a draft, if such a procedure in order to protect the

the rights or interests of third persons protected by the law, and if not corrected

axle in disagreement between the actual situation and the status of the entries in the

the register of public research institutions after the invitation of the Ministry of

education, youth and sports, and within the time limit laid down by it.



(3) the Court shall set a deadline for the removal of the reason for the cancellation was that

public research institutions designed, if a delete for this reason

possible.



(4) a participant in the proceedings is a public research institution, founded by and in

If the procedure is initiated on the proposal, and the appellant.



The demise of public research institutions



§ 14



(1) a public research institution terminates on the date of deletion of public research

institutions from the register of public research institutions.



(2) the Ministry of education, youth and sports will decide on the deletion of

public research institutions being acquired from the register of public research

institutions without undue delay after he submitted a complete proposal

and the conditions are fulfilled for the abolition of public research institutions

laid down by this law.



PART THE FOURTH



The scope of the founder



§ 15



The founder of the



and provisioning) publishes a blacklist of public research institutions and decides on

change the provisioning of the instrument, the instrument of incorporation and its changes

The Ministry of education, youth and sports,



(b)) for registration in the register of public research institutions

public research institutions and its deletion from the register, the proposed

date of registration in the register of public research institutions



c) inserted into a public research institution formation by the Charter or its

by changing the assets necessary to ensure that the purpose for which the public

research institutions established; If the function on behalf of the Czech Republic

the founder of the business component of the State may be in public research

the institution is inserted only such property of the Czech Republic, which is

This organizational component of the State competent to manage and which is necessary

to ensure that the purpose for which it is established, a public Research Institute



(d)) shall decide on cancellation of public research institutions under the conditions

set out in sections 10 to 12,



e) in the case of public research institutions, the Division shall decide on

Tom, who transferred to emerging public research

institutions,



f) in the event of public research institutions with the liquidation in accordance with section 12 of the

shall appoint a liquidator and approve a report on the progress of liquidation,



g) appoints and replaces the person responsible for the management of public research

the institution under section 5 (3). 2, § 16. 2, § 17 paragraph. 3,



h) appoints and replaces the Director's public research institutions,



I) appoints and replaces the members of the Supervisory Board of public research institutions

(hereinafter referred to as "Supervisory Board"),



j) approved the rules of procedure of the Supervisory Board and its amendments and the report on the activities of the

the Supervisory Board,



k) gives prior written consent to the legal capacity of public research

the institution referred to in section 19, paragraph. 1 (a). (b)) points 1 to 6,



l) suggests the appeal Council member institutions in the case of repeated
failure to perform obligations of Member of the Council of the institution.



PART THE FIFTH



The authorities of public research institutions



section 16 of the



(1) the authorities of public research institutions are



and Director,)



(b)), the Council of the institution,



(c)), the Supervisory Board.



(2) the authorities of public research institutions must be established within 6 months from the

the date of its inception. The establishment of public research institutions

shall exercise their rights and obligations of the person in charge of the founder of the management

public research institutions (§ 5 (2)).



(3) the Functions of the Director and a member of the Council of the institution are compatible with the

the functions of a member of the Supervisory Board of the same public research institutions.



(4) the costs of the activities of public research institutions, the costs

associated with the performance of the functions in these institutions, the Director of the wage and remuneration

the members of other bodies of public research institutions, shall be borne by the funds

public research institutions.



(5) the Council of the institution and the Supervisory Board are capable of ruling, if present

an absolute majority of their members. Unless otherwise provided in the internal regulation of public

research institutions, is to request a higher decision must consent

a simple majority of those present. Other matters, modifies the rules of procedure of the Council

the institutions and the rules of procedure of the Supervisory Board.



(6) the members of the institutions, including Director of public research institutions are

required to maintain the confidentiality of facts which come into

contact in connection with the performance of the functions of a member of the public research

the institution provided for by specific legislation of the ^ 13). Violation of this

obligations may be grounds for revocation of the duties of a member of the public

research institutions.



§ 17



The Director of the



(1) the Director of the



and) is the statutory body of public research institutions



(b)) shall act in all matters the public research institutions, if they are not

This Act vested in the scope of the Council of the institution of the Supervisory Board or

the founder,



(c)) provides the proper keeping of accounts,



(d) the Council shall submit to the institution a) Supervisory Board, after verification of the financial statements

draft annual report, auditor



e) passes the founders certified by the auditor of the financial statements and the annual

the report approved by the Council of the institution,



(f)) ^ 14) providers shall submit proposals on projects of research, development and

innovation discussed by the Council of the institution,



(g) submit to the Council proposals for institutions), relating to the budget of the public

research institutions and its amendments, and a draft of the internal rules, the public

research institutions, with the exception of the rules of procedure of the Supervisory Board, and their

the changes,



h) submit to the Council proposals for amendments to the institution of the incorporation of the Charter; After

their discussion by the Council of the institution's founder, passes



I) presents the Supervisory Board for approval the draft legislative acts to which

requires the prior written consent of the Supervisory Board in accordance with § 19 paragraph. 1

(a). (b)).



(2) the Director shall be appointed by the founder of the institution on the proposal of the Council presented by the

the basis of the selection procedure. If the founder does not accept the proposal for a Council

institutions on the appointment of the Director, shall give reasons for its decision. The Council of the

the institution will announce a new tender. The Director refers to the founder

the proposal of the Council of the institution or of the Supervisory Board or of its own decision

the consent of the Council of the institution. In the event that the Director ceases to comply with

the conditions for the performance of functions provided for in this law, the Council will propose

the founders of the institution, the Director's appeal without undue delay after the

Learn about this fact.



(3) at the time of the appointment of the Director referred to in paragraph 2 shall exercise the

extent necessary its scope of the person responsible for the management of the founder

public research institutions.



(4) the Director may be only a natural person who



and) is eligible to legal capacity,



(b) has not been convicted for) offense ^ 15), whose factual

the essence of the subject is related to the activities of public research institutions, or

for a criminal offence or an offence against property,



(c)) was not her in the last three years is imposed according to the specific

the legislation governing the exercise of professional activities related to the

the subject of activity of public research institutions ^ 16).



(5) the conditions referred to in paragraph 4 (b). c) shows the trainee

as Director of the affidavit; compliance with the conditions referred to in paragraph 4

(a). (b)) shows a statement of criminal records ^ 17) not older 3

months. If no candidate for the Director of a citizen of the Czech

Republic, shows that the conditions referred to in paragraph 4 of the Honorary

the Declaration.



(6) the Director shall not be a member of the management or supervisory bodies

legal persons engaged in business activities and must not be

participate in the business of legal persons operating in the area, which is

the subject of activity of public research institutions. Listed restrictions

It does not apply to the management of own assets.



(7) other gainful activity, the Director may carry out pursuant to the code of

work with the prior written consent of the founder ^ 18).



(8) the Director may be the Chairman of the Council of the institution or its member.

If the Director is not a member of the Council of the institution shall be entitled to attend meetings of the

the institution of the Council without voting rights.



(9) the length of the term of Office of the Director is 5 years. The same person may hold

the Director of a maximum of 2 consecutive term. The Director of the

performs this function in the employment relationship.



section 18



The Council of the institution



(1) the Council of the institution consists of the President, the Vice-President and the other members of the

the Council of the institution. The President of the Council and Vice-Chairman of the Council of the institution of the institutions,

who represents the President at the time of his absence, elected and dismissed by the

the Council of the institution.



(2) the Council of the institution



and is committed to maintaining) the purpose for which the public research institutions

established, on the application of the public interest in its activities and in its proper

management,



(b)) sets out the directions of the activities of public research institutions in accordance with the

founding Charter and decides on the concept of its development,



(c) the approved budget), public research institutions and its changes and

a medium-term view of its financing,



d) approve the rules governing public research institutions referred to in section 20

paragraph. 1 (a). and (e)),)



e) approve the annual report and the financial statements and decides on the distribution of

profit or loss, payment



(f) proposals for amendments to the provisioning) hears of the Charter,



g) gives prior consent, where appropriate, the development of a proposed merger,

merger or Division of public research institutions



h) announces the tender, on the basis of the outcome of the proposed

the founders of the appointment of the selected candidate Director of public research

the institution proposes to remove the Director or gives consent to the

the appeal of the Director under section 17, paragraph. 2,



I) discusses project proposals for research, development and innovation of public

research institutions,



j) hears proposals on conclusion of public contracts for foreign cooperation

research institutions and cooperation agreements with the institutions of the Czech Republic.



(3) the Council of the institution has at least 5 and not more than 15 members. The number of members of the Council

institutions according to the total number of employees of public research institutions,

details concerning the composition of the Council of the institution, details about how to

options, where appropriate, the appointment of the external members referred to in paragraph 4, and appeals

members of the Council of the institution, which are determined by this law, shall lay down the

electoral regulations of the Council of the institution.



(4) the Council of the institution must be in addition to the staff of public research

institutions from among the researchers included experts from other

legal persons or organisational units of the State, dealing with

research, and the users of research results (hereinafter referred to as the "external members").

The external members of the Board of the institution consists of at least one-third and a maximum

one half of the members of the Council bodies. For public research institutions

established for the purpose of cooperation in the acquisition and research organizations

the use of large infrastructure or infrastructure under the Special

the law ^ 14) consists of external members appointed by the Council of the institution

cooperating research organisations and at least two thirds of the maximum

three-fourths of the members of the Council of public research institutions.



(5) the membership of the Council of the institution by selecting arises researchers

public research institutions, with the exception of the external members of the Board of the institution,

who shall be appointed in accordance with paragraph 4 of the cooperating

research organisations. Election of the members of the Council of the institution are direct, equal and

with a secret ballot. The elected members of the Council are proposed by the institutions and

elected by the research staff of public research institutions. To the submission of

proposals for external members of Council shall invite a representative of the institution, the Director and

other legal persons or organisational units of the State, engaged in

research or development, or other representative of the professional

to the public. To the validity of the election is to be the absolute participation of research

staff of public research institutions. To select the required

an absolute majority of valid votes. For public research institutions

established for the purpose of cooperation in the acquisition and research organizations

the use of large infrastructure or infrastructure under the Special

the law ^ 14) are the external members of the Board appointed by the institutions and

dismissed statutory representatives of the cooperating research

organisations, and in the number corresponding to their relative representation.
(6) Research staff of public research institutions for the purposes of

This Act means a public research institution, who is in the

the working activities of the research and development of "^ 1"), or such

the activities governed by the. The details of the electoral regulations of the Council lays down the institution.



(7) the term of Office of a member of the Council of the institution is 5 years. The same person

may be elected or appointed as a member of the Council of the institution again, without

limit the number of terms.



(8) a member of the Council of the institution can be only a natural person who meets the

conditions provided for in § 17 paragraph. 4. The following conditions shall be according to the

§ 17 paragraph. 5. the members of the Council of the institution may be granted for the performance of functions

the remuneration, including the provision of travel expenses related to the performance of functions

in the scope of the law on travel compensation. The amount of remuneration lays down the founder

on the basis of the annual report.



(9) the way to meetings of the Council shall lay down the rules of procedure of the Council of the institution of the institution.



(10) the membership of the Council of the institution ceases to exist



and the date of expiry of term of Office),



(b)) by resignation,



(c)), or appeal



(d)) death.



(11) an elected member of the Council of the institution may be revoked by the research staff

the public research institutions; to the validity of the appeal should be

more than half of the participation of researchers, public research institutions

the fact that the appeal is to be an absolute majority of valid votes.



(12) in the event that, during the period of 6 months, there was not a single Council meeting

institution, although throughout this period, the Council, the institutions established to ends

the term of Office of all the members of the Council of the institution on the last calendar day of the

the sixth month of inactivity of the Council of the institution. The Director will propose new members

the Council of the institution referred to in paragraphs 4 and 5.



§ 19



The Supervisory Board



(1) the Supervisory Board



and) exercises supervision over the activities and management of public research

the institution; for this purpose, its members on the basis of the decision of the

the Supervisory Board authorized at any time to inspect accounting documents and other

documents of the institution, require the necessary explanations and to detect

the actual condition,



b) exercises supervision over the management of the property of public research institutions

and gives prior written consent of legal capacity, which the public

research institution intends to



1. acquire or dispose of immovable property,



2. to acquire or dispose of movable property, whose value is higher than the

dvousetnásobek of the amount, from which individual movable assets are considered to be

According to a special legal předpisu19) in tangible assets,



3. establish a lien or other right to the assets of public research

institutions,



4. set up another legal person,



5. to acquire a participation in an existing legal entity,



6. Insert the assets to other legal persons,



7. arrange or change the lease contract on the lease of real property or movable

the property in the value referred to in point 2 or another contract for the use of the real estate

or movable property in the value referred to in point 2, with a time of rental longer than 3

of the month



(c) the proposed appeal Director founder),



(d) preparing draft rules of procedure), the Supervisory Board and its changes and

submit them for approval to the founder,



(e)) is expressed to draft changes to the provisioning of the Charter of public research

institutions,



(f)) is expressed to the proposal on the merger, merger or Division of public

research institutions,



(g)) expressed on the draft budget of the public research institutions and to

the way of management,



h) expresses to others or other activities of public research institutions and

other things, that it shall submit to the Director or an



I) is expressed to the design of the annual report; its observations submitted

the Council and the Director of the institution,



j) expresses its opinions on the activities of public research institutions and

exposes is also referred to in paragraph 3,



the Director shall submit to the Council) institutions and the founders of the proposals on the

the deficiencies found in the performance of their responsibilities,



l) shall submit to the Director of the founders and at least once a year a report on its

activity.



(2) the Supervisory Board does not approve the Act, if it is in conflict with the

the requirement of the proper use of the assets of public research institutions

the realization of its main activities, or if it has been compromised

the fulfilment of the purpose for which the public research institution was established.



(3) the opinion of the Supervisory Board shall be published in the annual report.



(4) the Members of the Supervisory Board, including its Chairman and Vice-Chairmen,

He represents the President at the time of his absence, appointed and dismissed by the

the founder so that they were adequately represented in it, in particular the representatives of the

the founders or employees of public research institutions.



(5) the term of Office of a member of the Supervisory Board is 5 years. The same person

can perform the function of a member of the Supervisory Board for a maximum of 2 consecutive

the term of Office.



(6) the Supervisory Board has at least 5 and not more than 7 members. The number of members of the supervisory

the Council according to the total number of employees of public research institutions and

how the rules of procedure of meetings of the Supervisory Board.



(7) a member of the Supervisory Board may be only a natural person who meets the

requirements referred to in § 17 paragraph. 4. Compliance with these requirements shall be demonstrated

According to § 17 paragraph. 5. the members of the Supervisory Board may be a performance feature

granted the remuneration, including the provision of travel expenses, associated with the

the performance of the functions, within the scope of the law on travel compensation. The amount of remuneration

establishes the founder on the basis of reports on the activities of the Supervisory Board.



(8) the Director may participate in meetings of the supervisory board without voting

rights. At the request of the Director, is Chairman of the Supervisory Board shall be convened by the

extraordinary meeting of the Supervisory Board. The Supervisory Board is obliged to this

the fact to announce losses.



PART SIX



Internal regulations of public research institutions



section 20



(1) the internal regulations of public research institutions are particularly



and the electoral regulations of the Council of the institution),



(b) rules of procedure of the Council) of the institution,



(c) Organization of procedure)



(d)) the internal payroll prescription ^ 20),



(e)) the rules for the management of funds, public research institutions,



(f)) of the rules of procedure of the Supervisory Board.



(2) if the Council of the institution approves the electoral regulations of the Council of

the founder of the institution.



(3) if the pay stipulated in a collective agreement, shall send the public research

the founders of the institution a copy of the collective agreement for the information.



PART SEVEN



Management of public research institutions



section 21



(1) a public research institution is required to use the assets for the implementation of the

the main activities. To further or other activities may only use your assets,

When provided for in this law; additional or other activity of the public research

the institution may not be paid from public funds designed to support

research.



(2) a public research institution may, in addition to its main activities

(I) activities which are not research or its infrastructure, where



and other activities) is an activity carried out on the basis of the requirements of the relevant

organizational components of the State or territorial self-governing units in

the public interest and supported from the public funds in accordance with specific

^ 21) legislation,



(b)) other activity is an activity carried out for the purpose of achieving economic

profit.



(3) other or another activity can public research institutions to carry out

only under the condition that



and) main activity public research institutions,



(b)) are carried out in order to make more efficient use of assets and human

sources of public research institutions



(c)) is not compromised, the main public research institutions,



d) costs and benefits of each of these activities are conducted in the accounts

separately,



(e)), their subject matter and the conditions for their implementation are set out in the

founding Charter of public research institutions and are in accordance with the

special law 22) ^ ^



(f)) yields from these activities are reaching at least actually incurred

the cost.



(4) the result of the management of public research institutions is made up of the result

management of the main activities and result in additional management and other

activities after taxation.



(5) if at the end of the accounting period as a result of farming in the next

or other activities of the loss, a public research institution shall

such activity stops.



(6) the profit after taxation of public research institutions uses the first payment order

the losses from the previous period, and further through the funds to

support the main activities. Support resources for research, development and innovation of the

public funds public research institutions can only apply to

the purpose for which it has been supplied by the provider, even in the case of

their transfer to the Fund of funds assigned designated under section 26.



section 22



The budget of the



(1) the public research institutions to draw up a balanced budget on the

the calendar year. In his budget, a public research institution includes

the costs and revenues associated with the main, more and different activities.



(2) the revenues of public research institutions are, in particular, financial resources

from



and support research organisations) on the basis of her achievements or

projects of research, development and innovation of public funds under the

special legal regulation ^ 14)



(b) the main or additional support) activities from other than public

resources,



(c)) of the property,



d) received donations and legacies,



(e) grants to another activity) of public funds,



(f)).
(3) the costs of the public research institutions are particularly



and the cost of the main activity),



(b) the costs of the additional activities),



(c) the costs of any other activity).



section 23



Funds



(1) the public research institutions form these funds:



and) Reserve Fund,



(b) the reproduction of the asset pool)



(c) assigned funds) the Fund intended,



(d) the Social Fund).



(2) the balances of the funds referred to in paragraph 1 to 31. December of the current year

are transferred to the following financial year.



section 24



The reserve fund



(1) the source of the reserve fund are



and the allocation of financial resources at least) in the amount of 5% of the profits of normal

the accounting period after taxation



(b)), with the exception of monetary donations, cash donations assigned.



(2) a public research institution may use the resources of the reserve fund



and to cover the loss)



(b)) to pay penalties,



(c)) to cover a temporary lack of financial funds,



(d)) to cover the costs of the main activities of the unsecured income,



(e)) to complement the Fund asset reproduction after approval by the Council of the institution,

or



(f)) to other expenditure, which in exceptional cases approved by the founder and

the Supervisory Board [section 15 (b). to), § 19 paragraph. 1 (a). (b)), points 1 to 6].



§ 25



Reproduction of the Fund assets



(1) the source of the Fund assets are reproduction



and financial resources in the amount of) accounting depreciation of the fixed assets,



(b) the allocation of profit)



(c) intended for cash donations) acquisition and technical evaluation of the long-term

assets,



d) proceeds from the sale of fixed assets



e) funds received for the acquisition and technical evaluation

fixed assets,



f) funds received on the Association means to the acquisition of

fixed assets,



g) cash reserve fund, whose transfer to the Fund

reproduction of the property was approved by the Council of the institution.



(2) a public research institution will use the resources of the Fund of the reproduction

property



and the acquisition of the fixed i) short-term assets



(b)) to the financing of the correction and maintenance of fixed and short-term assets



(c)) on the technical evaluation of fixed assets,



(d)) for resource pooling for the acquisition of fixed assets with a different

institutions, or



(e)) to cover the repayment of credits and loans for the acquisition of fixed assets,

including interest on these loans, and loans.



section 26



Fund assigned designated funds



(1) the source of the Fund resources are assigned designated



and) assigned the specified monetary donations, with the exception of donations intended for acquisition and

technical evaluation of fixed assets,



(b) a specified purpose funds) from abroad,



(c) assigned the specified public funds), including special-purpose funds and

institutional support for the research, development and innovation of public

the funds, which could not be effectively public research institutions

used in the financial year in which it was provided.



(2) Assigned the specified resources referred to in paragraph 1 (b). (c)), the public

research institutions to convert to a pool of assigned resources to the amount specified

5% of the volume assigned designated public funds provided by the public

research institution on individual projects, research, development and innovation

or individual activities undertaken in the framework of other activities in the

calendar year. The transfer of the assigned designated funds public research

the institution shall notify their provider.



(3) Resources assigned designated resources can fund public research

institutions use only for the purpose for which it was provided.



section 27 of the



Social Fund



(1) the source of the Social Fund is a basic allocation of costs to be borne by the public

research institutions in the amount of 2% of the annual volume of costs of public

research institutions posted on wages, compensation pay and rewards

working the emergency room and the allocation of the profit. Its use is governed by the rules for the

management of funds public research institutions [section 18, paragraph 2 (b), (d)) and

section 20 (2). 1 (a). (e))].



(2) for the purposes of the definition of eligible costs in the research, development and

innovation ^ 23) social fund public research institutions considered

the Fund for cultural and social needs.



section 28



Property



(1) the founder of the inserts into public research institutions on the basis of the provisioning

the instruments needed to ensure that the assets of the purpose for which the public

research institutions established, where appropriate, it converts the commitments

associated with the inserted asset, but not to the level of 20% of the value

This of the asset. The founder can insert into public research

institution assets, where applicable, to convert her obligations related to

set the property to the amount of 20% of the value of the property, and after the

the emergence of, and by changing the formation of the Charter.



(2) on the management of the property of public research institutions are decided by the authorities of the

public research institutions in accordance with the conditions laid down in this

by the law.



(3) to transition the commitments referred to in paragraph 1 shall not require the consent of the creditor.

The founder shall be liable for the fulfilment of the commitments which have switched to public research

the institution. A public research institution, without undue delay, notify the

the change in the person of the debtor to the creditor.



(4) the assets and liabilities as defined in the founding Charter, including the rights and

the obligations of industrial relations to public research

the institution of the date of its creation or on the date of registration of the amendments to the instrument of incorporation,

with the exception of the proprietary or other rights in rem in immovable property, which

are subject to registration in the land register. Ownership or other

rights in rem in immovable property ^ 24) takes a public research institution

deposit of such rights in the land register. Deposit is carried out on

the basis of the incorporation of the Charter or its amendments. The proposal to deposit of title

or another right in rem in immovable property in the land register shall

person ^ 25) without undue delay after the emergence of public research

institution or after the registration of changes in the register of the provisioning of the Charter of the public

research institutions.



(5) the transmission and receipt of the assets and liabilities transferred according to the

paragraph 1, where appropriate, of documents proving their existence, must be

without undue delay after their acquisition of public research institutions and

on the basis of the handover. Day passes to the public

a research institution of the danger of damage to things.



(6) the public research institutions cannot, without prior written

the consent of the Supervisory Board do legal acts referred to in section 19, paragraph. 1 (a).

b). Legal capacity referred to in § 19 paragraph. 1 (a). (b)) points 1 to 6 is

It also requires the prior written consent of the founder.



(7) the legal acts referred to in section 19, paragraph. 1 (a). (b)) are without prior

the written consent of the Supervisory Board; legal acts referred to in section 19

paragraph. 1 (a). (b)) points 1 to 6 are not valid also without prior

the written consent of the founder.



(8) a public research institution can alone or together with other persons

establish another legal person or establish associations with other

legal or natural persons or associations to enter into such

only for the purpose of exploitation of the results of their research activities. Public

research institution can perform cash or consideration, including

immovable property entered into a public research institution founder,

in other legal persons or other valuable consideration to acquire the shareholding in

other legal person only in the event that this legal person performs

research and development or uses the results of the main activities of public research

of the institution. Public research institution, however, may not



and become a partner of) public company or komplementářem

limited partnerships,



(b)) insert into other legal persons funds from aid granted or

subsidies [section 22, paragraph 2 (a)) and (e))], with the exception of institutional support

research organisation in accordance with an assessment of the achievements of her,



(c)) referred to the operations undermine its main activity.



(9) the public research institutions must ensure the obligations of other persons or

establish a lien to the property and cannot be other valuable

papers than securities issued by a State or local government, a total of

for the repayment of the State or any local government unit guarantee

In addition to the cases referred to in paragraph 7.



(10) Steals a public research institution, the property shall be obliged to negotiate

price ^ 26) of which is in the usual place and time; free of charge can be

to dispose of assets only in the public interest.



section 29



Accounting



(1) the public research institutions is included within the business units

under special legislation ^ 27) among other legal persons,

whose main activity is not a business.



(2) the public research institutions to keep accounts according to the specific

^ 28) law, unless otherwise provided by this Act.



(3) of the eligible costs of projects, research, development and innovation leads

a public research institution, a separate registration and within this registration

track costs borne from institutional or support research,

development and innovation of public funds under the special law

^ regulations 29).



(4) a public research institution is required to have financial statements certified by the

Auditor.



section 30



Annual report of the



(1) the public research institutions to draw up and, after approval by the Council
the institution publishes an annual report, no later than 6 months after the

the end of the period evaluated. IMP, the period is the calendar year.



(2) the first annual report after its establishment will publish a public research

the institution not later than 6 months from the beginning of the calendar year

following the emergence of public research institutions. Only in the case that the

the activities of public research institution in the year of its establishment, is less than 6

months, this period shall be extended by 1 year.



(3) the annual report exposes a public Research Institute

through its public register of documents in the collection

research institutions and at the same time through a public information network.



(4) the annual report shall contain



and information on the composition of the institutions), public research institutions and their

activities, or about their changes,



(b)), information about changes to the provisioning of the Charter,



(c) the main activities)



(d) other ratings) and other activities,



e) information on the measures to correct the deficiencies in the management and

the message, how to meet the measures to eliminate the shortcomings, stored in the

the previous year,



(f) the opinion of the Supervisory Board),



(g) other facts required special) law ^ 30).



PART EIGHT



THE CONDITIONS FOR THE ADMISSION OF RESEARCHERS FROM THIRD COUNTRIES



section 30a



(1) the public research institutions can take the researcher from

third country for a period longer than 3 months to participate in research

^ 31), if



and) is for the admission of researchers from third countries, approved by the

The Ministry of education, youth and sports,



(b)) concluded with a researcher from a third country hosting agreement (section

30 c) and



(c)) undertakes in writing to repay any costs associated with the stay

researcher on the territory of the Czech Republic after the expiry of the

permission to stay in the territory of the Czech Republic, including the costs associated with the

leaving the researcher from the territory of the Czech Republic, if these

costs incurred within 6 months from the date of expiry of the agreement on the

hosting and have been paid from public funds.



(2) A researcher from a third country for the purposes of this Act,

shall be considered as a citizen of a State which is not a Member State of the European Union, has

higher education giving access to doctoral studies in the

study programme and public research institution was chosen to participate

the research project for which the qualifications required.



(3) the obligation arising from paragraph 1 (a). (c)) is a public research

institutions exempt, if they prove that they made every effort to

prevent the unauthorised stay the researcher from a third country to

the territory of the Czech Republic.



§ 30b



List of research organisations



(1) a public research institution is entitled to submit a request for approval

for the admission of researchers from third countries (hereinafter referred to as "the application of the

the approval ") the Ministry of education, youth and sports. In the request for

the approval of a public research institution indicating your name, identification

number and your seat.



(2) the Ministry of education, youth and sports, decides on the application for

approval and public research institution, writes in a special list

the research organisations, approved for the recruitment of researchers

from third countries (hereinafter referred to as "the list of research organisations"). The decision on the

the approval of the public research institution for the recruitment of researchers

workers from third countries shall be issued with a validity of at least 5 years.



(3) the Ministry of education, youth and sports of the request shall be refused

approval or decide on the withdrawal of approval of public research institutions

for the admission of researchers from third countries, where the public

research institutions does not meet or no longer meets the conditions laid down

in section 30a, paragraph. 1. If the request for approval was rejected or approval

public research institutions for the recruitment of researchers from

third countries may be withdrawn, the Ministry of education, youth and sports

in the decision, lay down a condition that public research institutions can

to submit a new application for approval until after the expiry of the period laid down in the

the decision; the period laid down for the submission of a new request, however, must not be longer

than 5 years.



(4) to the list of research organisations, who leads the Ministry of education,

Youth and sports, writes



and, the identification number) the name and registered office of public research institutions



(b)) date of the entry into force of the decision, which was approved by the public

research institution for the admission of researchers from third countries,



(c)) the indication of the withdrawal of approval of public research institutions for the adoption of

researchers from third countries before the expiry of his

or an indication that a new request for approval to the public

research institutions to submit after the expiry of the period laid down in the decision

pursuant to paragraph 3 stating this time.



(5) the list of research organisations is publicly available, and even

through the public information network. The Ministry of education, youth

and Sports Announces a communication in the collection of laws in accordance with the

Of the European communities a list of the 31 ^ ^) research organisations approved

for the admission of researchers from third countries and without undue

the delay of its changes. Upon request, shall issue to the Ministry of education, youth and

Sports listing from the list of research organisations.



(6) a public research institution is required to notify the change to the data entered

to the list of research organisations, the Ministry of education, youth and

sports within 30 days from the date of their creation. The Ministry of education,

Youth and sports, without undue delay, make changes to the data in the

list of research organisations.



(7) if the Ministry of education, youth and sports, that there has been

the fact that it has or may have an impact on the refusal of the application

on the approval, withdrawal of approval of public research institutions for the adoption of

researchers from third countries, or on the registration of public research

institution to the list of research organisations shall inform without delay the

The Ministry of the Interior and other bodies of the State administration of the Czech Republic,

If this fact.



section 30 c



The hosting agreement



(1) the agreement on hosting a public research institution agrees to accept

a researcher from a third country for the purpose of his participation in the solution

the research project and a researcher undertakes research project

perform. The hosting agreement establishes a legal relationship and working conditions

researcher. The provisions of the special legal regulation ^ 32)

concerning entry, stay and departure from the territory of the Czech

Republic are not a hosting agreement.



(2) the public research institutions can a hosting agreement with a research

a worker from a third country to conclude, if



and Director), after consultation with the Council of the institution decided to carry out the research

project and verify the



1. the purpose of the research project, and the availability of financial

resources for the implementation of the research project,



2. sufficient professional qualifications of a researcher from a third country

to participate in the research project; the researcher is obliged to

his qualifications demonstrate a certified copy of the document of education

under special legislation ^ 33),



(b)), a researcher from a third country has secured a monthly income of at least

at a level sufficient to cover reasonable costs associated with the

residents on the territory of the Czech Republic for the duration of the agreement on the

hosting, including costs associated with the return to the country of origin after

termination of this agreement, without having to make use of the social assistance system

The Czech Republic,



(c)), a researcher from a third country shall submit an affidavit that

closes the travel medical insurance ^ 34) for a period of stay from the date of entry

on the territory of the Czech Republic, until he will apply

insurance under special legislation.



(3) after the conclusion of the hosting agreement shall transmit to the public Research Institute

researcher from a third country the written undertaking referred to in section 30a

paragraph. 1 (a). (c)).



(4) the hosting agreement shall cease, if the



and) researcher from a third country not authorised to

long-term stay for the purpose of scientific research under a special

the law ^ 32), or



(b)) occurs between public research institutions and research fellow of the

the third country to their legal relationship.



(5) in the cases not regulated in this law shall be governed by the hosting agreement

the civil code.



(6) if there is a fact that prevents or could prevent

the conclusion or further continuation of the hosting agreement, is a public

the research institution is obliged to inform about this fact

The Ministry of the Interior and other bodies of the State administration of the Czech Republic,

If this fact.



section 30 d



The conditions for the admission of researchers from third countries, laid down

This law shall not apply to



and) the applicant for a international protection or of the applicant for the grant of

permission to stay for the purpose of temporary protection
(b)), the applicant for a long-term residence permit for the purpose of study

carrying out research leading to the award of the academic title of "doctor"

or "doctor of Theology" ^ 35),



(c) the State of the citizen of a third country), if the reasons for disallowing occurred

his departure from the territory of the Czech Republic according to special legal

code ^ 36) or for reasons independent of his will,



(d)) the researcher initiated research organisation from another

of the Member State.



section 30e



The admission of researchers from third countries by other research

organisations



(1) Modification of the conditions for the admission of researchers from third countries

provided for in this Act for the public research institution apply with

derogation in accordance with paragraphs 2 and 3, mutatis mutandis, for other research

the Organization, which is considered to be



and the State or organization) a territorial self-governing unit,



(b)) business unit of the Ministry of Defense or the Ministry of the Interior,



(c) a natural person-entrepreneur) under special legislation established

in the Member State of the European Union, or



(d)) of a legal person established in a Member State of the European Union, if done

on the territory of the Czech Republic as defined by the law on the promotion of research support

research, development and innovation of ^ 1).



(2) other research organization to the application for approval shall be accompanied by



and the provisioning or a certified copy) of the Foundation Act, social

contracts, articles of association or other memorandum, where it is listed as

the subject of the research activities, in the case of another research organization referred to in

paragraph 1 (b). and (b))), or (d)),



(b) a certified copy of the instrument) proving the business permission according to the

special legal regulation, where it is listed as the subject of the activity

the research, in the case of another research organization referred to in paragraph 1 (b).

(c)), and



(c) one of the following documents):



1. a valid provider for the provision of institutional support

According to the law on the promotion of research, development and innovation,



2. the document on the application of the right to deduct the costs incurred in

the research project of tax base according to a special legal

code ^ 37), or



3. the document to achieve their own results in the research carried out on the territory of the

Of the Czech Republic.



The obligation to attach to the application for approval of these documents does not apply to

another research organization that conducts research on the basis of the Special

^ law 38). This obligation shall also apply to other

a research organisation established in another Member State of the European Union,

If her research activity results from the law or

administrative act of another Member State of the European Union in a similar range

as in the case of the first sentence, and then to another research organisation

approved in accordance with the law of the European communities ^ 31)

another Member State of the European Union, if it is proved the dump from the list

research institutions of this Member State no earlier than 90

calendar days.



(3) the Ministry of education, youth and sports will assess the application of

the approval of the submitted another research organisation in terms of its

completeness, compliance data referred to in the request for approval or

the attached schedules with publicly accessible registries and with the conditions

laid down in article 30a, paragraph. 1 and proceed as in section 30b paragraph.

2 and 3.



(4) other research organization based in another Member State of the European

the Union, which was approved in this State or in the Czech Republic, the

the conditions laid down by this law researchers from

third countries after the establishment of its organizational folder or the workplace in the Czech

Republic.



§ 30f



Administrative offences



(1) the public research institutions or other research organization commits

the administrative tort by



and) receives the researcher from a third country in violation of section 30a, paragraph. 1

(a). and), or



(b) fails to comply with the notification requirements) section 30b paragraph. 6.



(2) for the administrative offence referred to in paragraph 1 (b). and) saves the fine to 1

0000 0000 CZK for the administrative offence referred to in paragraph 1 (b). (b)) is saved

a fine of up to 100 000 Czk.



§ 30 g



Common provisions in administrative deliktům



(1) a legal person under the administrative tort does not match, if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation.



(2) in determining the acreage of the fine legal person shall take into account the seriousness of the

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

the circumstances under which it was committed.



(3) liability of legal persons for the administrative offence shall cease, if the

the administrative authority about him has commenced proceedings in the 3 years of the date on which it

learned, but not later than 10 years from the day when it was committed.



(4) administrative offences under this law in the first instance hearing

The Ministry of education, youth and sports.



(5) The liability for the acts, which took place in the business of physical

person ^ 39) or in direct connection with it, shall be subject to the provisions of this

the law on liability of legal persons and sanctions.



(6) the Fines collected by the Ministry of education, youth and sports. Income

of fines is the income of the State budget.



PART NINE



Transitional provisions



section 31



The conversion contribution organisations for public research institutions



(1) a State contributory organisation, which are listed in annex 1 to

This law (hereinafter referred to as "the State contributory organization") on 1 July.

January 2007 become public research institutions. The Ministry of

education, youth and sports on the same day, writes these public

research institution in the register of public research institutions.



(2) the Establisher of a State contributory organization shall issue a deed of incorporation

public research institution containing the information referred to in section 3, paragraph 3. 2 (a). and)

to (e)), g) and (h)) and submit it to 30. June 2006 the Ministry of education,

Youth and sports. The same day the founder shall submit additional information

need to write public research institutions in the register of public

research institutions, pursuant to section 6 (1). 3 (b). and (c))) to (h)), and evidence of, is

items of documentary evidence proving the facts to be in the

the register of public research institutions, and the documents that are

the collection of documents [§ 8 paragraph 1 (a)), d) and (e))].



(3) if the founder does not submit data, documentary evidence or

in accordance with paragraph 2, or is incomplete, the Commission shall submit to the Ministry shall be

education, youth and sports, to the time limit set in the invitation, which

shall not be less than 15 days, these data, documentary evidence or

said.



(4) the Founder, by 15. in December 2006, decide on the asset

which has jurisdiction over the management of the State-funded organizations, and the

its commitments that are placed on public research institution;

progresses in accordance with § 28 paragraph. 1. Founder shall designate, at the same time

the jurisdiction of the management of this property of the Czech Republic and will determine

the bearer of those obligations that are placed on public research institution.

If these commitments of the Czech Republic, is in the Czech Republic

as the founder of the obligations, or other organizational folder

the State, which shall designate. To take over the obligations the State contributory organization

The Czech Republic shall not require the consent of the creditor.



(5) on 1 July. January 2007 passes to the public research institution assets

The Czech Republic, which had 31. December 2006 jurisdiction

the management of the State-funded organization that is changing the public

a research to the institution referred to in paragraph 1. Assets, liabilities and other liabilities

belonging to this State contributory organization of 31. December

2006, becoming on 1 January 2005. January 2007, assets, liabilities and other liabilities

public research institutions. The funds, which managed to

31. in December 2006 the State contributory organization, are transferred to the

account of foreign funds led by organizational component of the State, which is

the founder of the State contributory organization or performs its function.

The funds referred to in the previous sentence translates organizational folder

the State shall, without delay on account of public research institutions.



(6) the Council of a territorial self-governing unit, who is the founder of the

contributory organisations referred to in annex 2 to this Act (hereinafter referred to as

"Czech territorial self-governing unit"), decides to 3

months from the effective date of this Act, whether contributory organization

territorial self-governing unit on 1 July. January 2007 becomes public

research institutions and at the same time asks the Central journal of the Czech Republic

of the publication of this decision. After expiry of this period is without prejudice to

the procedure according to § 3.



(7) in the issue of the incorporation Charter, submission of incorporation documents

The Ministry of education, youth and sports, and when you write a public

research institutions resulting from the transformation of the Organization of the territorial contribution

Government Unit in the register of public research institutions

in accordance with paragraphs 2 and 3 apply mutatis mutandis.



(8) on 1 July. January 2007 passes to the public research institution assets

territorial self-governing unit, which was the date of 31. December 2006 in

manage its contributory organization that is changing the public research
the institution referred to in paragraph 6. Assets, liabilities and other liabilities in the Administration

This contribution of the Organization of the territorial self-governing unit to 31.

in December 2006, becoming on 1 January 2005. January 2007, assets, liabilities and other

liabilities of public research institutions. The funds, which

manages contribution organization of a territorial self-governing unit on the date of

December 31, 2006, shall be transferred to the account of foreign funds.

The funds referred to in the previous sentence converts any local government

all without delay on account of public research institutions.



(9) on the assets and liabilities, which are passed on to the public research

the institution referred to in paragraphs 5 and 8, draws up the founder to 31. January 2007

Protocol.



(10) the staff of the State contributory organization, which turns on

public research institution referred to in paragraph 1, as well as the staff of the

contributory organization of a territorial self-governing unit, which changes the

public research institution under paragraph 6, shall become the day of 1. January

2007 employees of this public research institutions.



(11) the proposal for the registration of the title or other right in rem to

immovable property which passes to the public research institution

in accordance with paragraphs 5 and 8, in the land register by 31 December. January 2007

founder. The property must be marked according to a special legal

code ^ 4). The transition of ownership of or another right in rem in the

the land registry shall record.



(12) the obligations of a State contributory organisation or contributory

Organization of a territorial self-governing unit incurred in connection with

the operation of its main activities before its conversion to a public

the research institution is guaranteed, even after converting a contributory organization

public research institution of the founder.



(13) If the date of entry into force of this Act, to 1. January 2007

to merge, split, or the demise of the State contributory organization

referred to in annex 1 to this Act, shall be subject to paragraphs 1 to 5 and 9

up to 12 on her acquiring a contributory organization.



PART TEN



The EFFECTIVENESS of the



§ 32



This Act shall take effect on the date of its publication.



Zaorálek in r.



Klaus r.



Paroubek in r.



Annex 1



The State contributory organization, which on 1 July. January 2007, amended on

public research institution

---------------------------------------------------------------------------------------

founded by the name of the State contributory INFRARED Head Office

Organization

---------------------------------------------------------------------------------------

The Ministry of transport Center 44,994,575 Townhall 33a,

transport research 636 00 Brno

---------------------------------------------------------------------------------------

The Department of Research Institute of labour and 45,773,009 palacký square 4

labour and Social Affairs, Prague 2

Social Affairs

Research Institute of Jerusalem 00025950 9

work safety Prague 1

---------------------------------------------------------------------------------------

The Ministry of the Center for the study of 00237752 U luzickeho Seminare 90/13

education, youth, higher education, 118 00 Prague 1-Malá Strana

and sports

---------------------------------------------------------------------------------------

Department of Institute of international 48,546,054 Nerudova 3

Foreign Affairs relations, Prague 1



---------------------------------------------------------------------------------------

The Department of Research Institute of vegetable 00027006 Drnovská 507

agriculture production 161 06 Prague 6-Ruzyně

Institute of animal Friendship 00027014 815

production of Prague-Uhrineves

00027162 Research Institute, Hudcova 70

veterinary medicine 621 32 Brno

Research Institute of 00027022 Radio 7/1285

food in Prague, Prague 10-Hostivař 102 31

Research Institute of agricultural 00027031 Drnovská 507

techniques of 161 06 Prague 6-Ruzyně

Research Institute of amelioration Žabovřeská 00027049 250

and soil protection 156 27 Prague 5-Zbraslav

Research Institute of forestry 00020702 jiloviste-Strnady

farm and hunting 156 04 Prague 5-Zbraslav



---------------------------------------------------------------------------------------

Ministry Research Institute Květnové náměstí 391 Silva 00027073

the Tarouca for landscape and 252 43 Průhonice

environment of ornamental horticulture

Research Institute of 00020711 Podbabská 219/30

water T. G. M. 160 62 Prague 6



---------------------------------------------------------------------------------------

The Czech Office of Research Institute 00025615 Czech Republic 98

zeměměřický geodesy, topography and Prague-East District

land registry and ordnance

---------------------------------------------------------------------------------------

The State Bureau for State Department nuclear, 70,565,813 Příbram-Stone

nuclear chemical and biological items Milín 262 31

safety protection

---------------------------------------------------------------------------------------

Archaeological Institute of the Academy of Sciences, 68,081,758, AV Královopolská 147

The Czech Republic, the CZECH REPUBLIC, Brno, Brno 612 64

Archaeological Institute of the AV 67,985,912 Tel 4, 118 01

Czech Republic Prague Prague 1

Archive CR 67,985,921 in castles, 56/76,

181 00 Prague 8-Bohnice

Astronomical Institute AV ČR 67,985,815 Fričova 298, 251 65

Ondřejov

Institute of Biophysics AS CR 68,081,707 Královopolská 135,

612 65 Brno

The Botanical Institute of the AS CR 67,985,939 Castle 1

252 43 Průhonice

Entomological Institute AV ČR 60,077,395 Branišovská 31, 370 05

České Budějovice

Etnologický Institute AV ČR 68,378,076 On Florenci 3/1420,

110 00 Prague 1

Philosophical Institute AV ČR 67,985,955 Jilská 1, 110 00 Prague 1

The Institute of physics AS CR 68,378,271 On Slovance 2,

182 21 Prague 8

Institute of Physiology ASCR 67,985,823 1083, Vienna

142 20 Prague 4

Geophysical Institute AV ČR 67,985,530 Lateral II/1401,

141 31 Prague 4

Geological Institute AV ČR, 67,985,831 Development 135

165 02 Prague 6-Lysolaje

The historical Institute of the CZECH ACADEMY of SCIENCES 76, 190 67,985,963 Prosecká 00

Prague 9

Institute of hydrobiology AV 60,077,387 Na sádkách 7, 370 05

České Budějovice, CZECH REPUBLIC

«Knihovna AV ČR 67,985,971 National 3,

115 22 Prague 1

Masaryk Institute AV ČR 67,985,980 On Florence 3/1420,

110 00 Prague 1

Math Institute AV ČR 67,985,840 Rye 25, 115 67 Prague 1

Institute of Microbiology AV 61,388,971 1083, Vienna

CR 142 20 Prague 4

The Economic Institute of the 67,985,998 political prisoners 7

CR 111 21 Prague 1

Oriental Institute, ASCR 68,378,009 Pod vodárenskou věží 4,

182 08 Prague 8

Institute of Parasitology AV 60,077,409 Branišovská 31, 370 05

České Budějovice, CZECH REPUBLIC

Psychological Institute AV ČR 68,081,740 Veveří 97, 602 00 Brno

Slavic Institute AV ČR 68,378,017 Valentine 1, 110 00

Prague 1

Institute of Sociology of the CZECH ACADEMY of SCIENCES 68,378,025 Jilská 1, 110 00 Prague 1

The Centre of the common 60,457,856 of the national 3,

the activities of the CR 110 00 Prague 1

Institute of analytical chemistry 68,081,715 Veveří 97, 611 42 Brno

AV ČR

Institute of inorganic chemistry 61,388,980 250 68 Řež u Prahy

AV ČR

Institute of vertebrate biology, 68,081,766 Floral 8, 603 65 Brno

AV ČR

Institute of art history of the AS CR 68,378,033 Department

110 00 Prague 1

Institute of landscape ecology of the AV 67,179,843 Na Sádkách 7, 370 05

České Budějovice, CZECH REPUBLIC

Institute of Experimental Development 61,389,030 135, 165 02

Botany AV ČR Prague 6-Lysolaje

Institute of experimental 68,378,041 Vienna 1083, 142 20

medicine AV ČR Prague 4

Institute of physical chemistry 61,388,955 Dolejškova 3, 182 23

Jaroslav Heyrovský AV Prague 8

The CZECH REPUBLIC

Institute of Physics of the atmosphere and in 68,378,289 Side II/1401,

CZ 141 31 Prague 4

Institute of Physics of materials, AV 68,081,723, 616 62 Brno, Zizkova 22

The CZECH REPUBLIC

Institute of plasma physics of the AV 61,389,021 P. O. Box 17, Slovankou 3,

182 21 Prague 8

The Institute of geonics as CR 68,145,535 Student 1768, 708 00

Ostrava-Poruba

Institute of chemical process Development 67,985,858 135, 165 02

AV ČR Prague 6

Department of computer science AV ČR 67,985,807 under the water tower 2,

182 07 Prague 8

Institute of nuclear physics 61,389,005 250 68 Řež AV

The CZECH REPUBLIC
Institute of macromolecular 61,389,013 Heyrovský. 2,

Chemistry AV ČR Prague 6 162 06

Institute of molecular 60,077,352 Branišovská 31, 370 05

plant biology AV CR, České Budějovice

Institute of molecular 68,378,050 Fleming's are. 2,

Genetics of the ascr 166 37 Prague 6

Institute of organic chemistry and 61,388,963 Fleming's are. 2, 166 10

Biochemistry AS CR Prague 6

Institute of the Czech 68,378,068 On Florenci 3/1420,

literature 110 15 Prague 1, CZECH ACADEMY of SCIENCES

The Institute for electrical engineering 67,985,866 Dolejškova 5, 182 02

AV ČR Prague 8

Institute of hydrodynamics 67,985,874 Under Paťankou 30/5,

CR 166 12 Prague 6

Institute for the Czech language AV 68,378,092 Tel 4, 118 51

CZECH REPUBLIC Prague 1

The Institute for contemporary history of the Vlach 68,378,114 9,

CR 118 40 Prague 1

Department of instrumentation 68,081,731 Královopolská 147,

techniques of AV ČR Brno 612 64

Institute of soil biology AV 60,077,379 Na sádkách 7, 370 05

České Budějovice, CZECH REPUBLIC

Institute of radio engineering, and 67,985,882 Chaberská, 182 51 57

Electronics AV ČR Prague 8

Institute of State and law of the national ACADEMY of SCIENCES 68,378,122 18, 116 91

Prague 1

Department of structure and 67,985,891 V holesovickach 41, 182 09

mechanics of the AV ČR Prague 8

Institute of theoretical and 68,378,297 Prosecká 76, 190 00

applied mechanics and in Prague 9

The CZECH REPUBLIC

Institute of information theory and 67,985,556 under the water tower 4,

Automation of the ascr 182 08 Prague 8

Institute of thermomechanics as 61,388,998 Dolejškova 5.182 00

CZECH REPUBLIC Prague 8

Institute of animal 67,985,904 Rumburská, 277 21 89

Physiology and genetics AV Liběchov

The CZECH REPUBLIC

---------------------------------------------------------------------------------------



Annex 2



Contributory organization of territorial self-governing units, which

founder will decide whether the day of the 1. January 2007 changes to the public

research institution

--------------------------------------------------------------------------

founded by the name of contributory INFRARED Head Office

Organization

--------------------------------------------------------------------------

South Moravian region Institute of archaeological 48,511,005 Kaloudova 30,

heritage preservation in Brno, 614 00 Brno

--------------------------------------------------------------------------

Ústí nad Labem region of the Department of archaeology 47,325,011 Žižkova ul. # 835,

conservationists 434 01 Most

Northwest Bohemia,

contribution organization

--------------------------------------------------------------------------



Selected provisions of the novel



Article. XXVII law No 396/2012 Sb.



The transitional provisions of the



The provisions of section 6 (1). 3 (b). r) Act No. 341/2005 Coll., as amended by

the effective to date of the entry into force of this law, shall be applied in the context of

with the enforcement proceedings held pursuant to part two of the article. IV, point 1.



1) § 2 (2). 2 Act No. 130/2002 Coll., on the promotion of research,

experimental development and innovation of public funds and amending

some related laws (Act on the promotion of research,

experimental development and innovation), as amended.



2) Article. 87 and 89 of the Treaty establishing the European Community, as amended by

later treaties.



3) section 12 of the Act on the promotion of research, experimental development and innovation, in

as amended.



4) section 5 of the Act No. 344/1992 Coll., on the land register of the Czech Republic

(Land Registry Act), as amended.



5) section 27 of the commercial code.



6) Regulation of the Government No. 503/2000 Coll., on the business journal, as

Government Regulation No. 408/2003 Coll.



7) administrative order.



7A) Law No 111/2009 Coll., on basic registers.



8) Law No. 89/1995 Coll., on State statistical service, as amended by

amended.



9) Act No. 36/1967 Coll. on experts and interpreters.



10) Law No 530/1990 Coll.



12) § 70-75b of the commercial code.



13) for example, the commercial code, Act No. 148/1998 Coll., on the protection of

of classified information and on the amendment to certain acts, as amended

law, copyright law, law No. 101/2000 Coll., on the protection of personal

data and on amendment to certain acts, as amended.



14) Law No. 130/2002 SB., on research and development support from the public

resources and amending certain related laws (Act on the promotion of

research and development), as amended.



15) criminal law.



16), for example, Act No 246/1992 Coll., on the protection of animals against cruelty,

as amended, Decree No 207/2004 Coll., on the protection, breeding and

use of experimental animals.



17) Law No 269/1994 Coll., on criminal records, as amended by Act No.

126/2003 Coll.



18) section 75 of the labour code.



section 18, paragraph 20). 2 of Act No. 1/1992 Coll. on wages, remuneration for work

emergency and on average earnings, as amended by Act No. 217/2000 Sb.



21) Law No 40/2004 Coll., Act No. 218/2000 SB., about

the budgetary rules and amending certain related laws

(budget rules), as amended.



22)



Trade Act.



The law on protection of competition.



23) § 2 (2). 2 (a). m) of the Act on the promotion of research, experimental

development and innovation, in the wording of later regulations.



24) Act No. 265/1992 Coll., on the registrations of ownership and other substantive

rights to immovable property, in the wording of later regulations.



§ 4, paragraph 25). 2 Act No. 265/1992 Coll., as amended by Act No 90/1996 Coll.



26) § 1 (1). 2 (a). and § 2, paragraph 1). 3 of Act No. 526/1990 Coll.

the prices, in the wording of later regulations.



27) section 14 of Act No. 563/1991 Coll., on accounting, as amended,

regulations.



28)



Act No. 563/1991 Coll., as amended.



Decree No 504/2002 Coll., which implements certain provisions of the Act

No. 563/1991 Coll., on accounting, as amended, for the accounting

the units in which the main subject of activity is not a business, if

posted in double-entry accounting system.



§ 8 paragraph 29). 1 of the law on the promotion of research and development. Act No. 563/1991

Coll., as amended.



30) § 21 of Act No. 563/1991 Coll., as amended.



31) Council Directive 2005/71/EC of 12 July 2005. October 2005 on a specific procedure

for the admission of third country nationals for purposes of scientific

research.



32) Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech Republic and

on the amendment to certain acts, as amended.



33) Law No 18/2004 Coll., on the recognition of professional qualifications and other

eligibility of nationals of the Member States of the European Union and the

change some of the laws (law on the recognition of professional qualifications), as amended by

amended.



Act No. 111/1998 Coll., on universities and amending and supplementing other

laws (the law on universities), as amended.



§ 5, paragraph 34). 2 (a). and) Act No. 326/1999 Coll., as amended by Act No.

379/2007 Sb.



35) Council Directive 2004/114/EC of 13 June 2002. December 2004 on the conditions of

acceptance of third-country nationals for the purposes of studies, pupil exchange

visits of pupils, unpaid training or voluntary service.



36) § 179 of Act No. 326/1999 Coll., as amended by Act No. 165/2006 Sb.



section 34, paragraph 37). 4 and 5 of the Act No. 586/1992 Coll., as amended by Act No.

669/2004 Coll., Act No. 545/2005 Coll. and Act No 56/2006 Sb.



38), for example, Act No. 111/1998 Coll., as amended,

Act No. 283/1992 Coll., of the Academy of Sciences of the Czech Republic, as amended by

amended.



section 2, paragraph 39). 2 of the commercial code.