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
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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
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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.
