About The Office Of The Government Representation In Property Affairs

Original Language Title: o Úřadu pro zastupování státu ve věcech majetkových

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=53462&nr=201~2F2002~20Sb.&ft=txt

201/2002 Sb.



LAW



on 2 December. May 2002



about the Office of the Government representation in property Affairs



Change: 120/2004 Sb.



Change: 626/2004 Sb.



Change: 57/2006 Sb.



Change: 160/2006 Sb.



Change: 153/2009 Sb.



Change: 503/2012 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



THE STATUS AND ACTIVITIES OF THE OFFICE OF THE GOVERNMENT REPRESENTATION IN PROPERTY AFFAIRS



TITLE I OF THE



INTRODUCTORY PROVISIONS



§ 1



(1) there is hereby established the Office of the Government representation in property Affairs (hereinafter

"the authority").



(2) the authority shall be the authority of the Czech Republic (hereinafter referred to as "the State"),



and) acts in proceedings before courts, arbitrators or permanent arbitration courts

(hereinafter referred to as "the arbitration authorities"), administrative authorities and other authorities, "^ 1")



(b) legal opinions) handles,



(c)) for more tasks provided for by specific legislation, and this

by law.



(3) the authority is an organizational component of the State (hereinafter referred to as "the branch") and the

the accounting unit.



(4) the seat of the Office is to Prague.



TITLE II



THE EXCLUSIVE NEGOTIATIONS OFFICE



§ 2



(1) the authority shall, in the cases and under the conditions laid down by this Act she performs

for the State in proceedings before courts, arbitrators, administrative authorities and

other authorities in matters relating to the property of the State (hereinafter referred to as

"property") rather than organizational components ^ 2) competent to manage

This property under special legislation ^ 3) (hereinafter referred to as

"the Department").



(2) where the authority acts for the State pursuant to paragraph 1, acting on behalf of the State.

His practice includes all procedural acts in proceedings under the

special legislation for the State could execute appropriate

organizational folder.



§ 3



(1) the authority shall act (section 2) in a proceeding



and) before domestic courts and arbitration authorities determine

ownership of the State



1. immovable property whose awards under special legislation ^ 4)

at the time of initiation of the procedure exceeds the amount of Eur 25 000 000,



2. immovable or movable assets declared as national cultural monument,



3. for the building, which is the seat of the Parliament, the President of the Republic, Government,

ministries or other central public administration authority, the Constitutional Court,

The Supreme Court, the Supreme Administrative Court and the Supreme Audit

Office, or land with zastavěnému,



or in case evacuation referred to immovable property, or release

referred to movable property,



(b)) before domestic courts and arbitration authorities in matters of financial

more than 50 000 000 Czk and in commercial matters 250 000 000 CZK



(c)) before the foreign and international courts and arbitration authorities

cash in excess of Eur 50 000 000 and commercial matters 100

000 000 CZK



(d)) before the Constitutional Court on the constitutional complaint in cases where a given

the constitutional complaint is related to things related to the asset.



(2) if the constitutional complaint in the case referred to in paragraph 1 (b). (d))

The Office, he does so on his own or another's initiative. If the complaint is not considered for

is well founded, it shall inform the stating the reasons for the person who filed the complaint,

and the appropriate organizational unit.



(3) in the cases referred to in paragraph 1 (b). (b)), and (c)) to the accessories

accounts receivable account.



§ 4



The Office serves on its own initiative or on the initiative of the Supreme Audit

Office or the Ministry of finance and the action on it (section 2) in proceedings before the

the courts in the matter of the determination of property rights of the State, determine the invalidity of the

Treaty on the transfer of the ownership of the State or the stuff from unjust

enrichment at the expense of the State, if such an action has not yet submitted any

the appropriate organizational unit. If the Office does not consider the complaint for

is well founded, it shall inform the stating the reasons for the person who filed the complaint,

and the appropriate organizational unit.



§ 5



Procedure in accordance with the provisions of § 3 and 4 cannot be used



and if it had) Office of the Act (section 2) in a proceeding in a case concerning property, with

which is competent to manage the Department of Defense; This does not apply in the case of

determination of property rights of the State or the eviction of immovable property,

where applicable, release of movable property, or on the determination of the invalidity of the contract of

transfer of immovable property ownership of the State,



(b)) if he had, the authority would act in proceedings relating to asset

It is appropriate to manage security information service, and in doing so

such a procedure could be vulnerable to the security interests of the State; in

doubt is a critical opinion of the authority,



(c)) if the Office itself is the organizational component (section 18, 19),



(d)) excreted if a special law ^ 5) or an international agreement,

which the State is bound by and published in the collection of laws or

The collection of international treaties,



(e)) had the Authority to act in the control instead of the competent authority, which

a special law confers the capacity to be a party to this

control, and that has to this proceeding and process competence, ^ 6)



f) in the case of proceedings relating to the protection of foreign investments,



g) in the case of proceedings for the enforcement of the decision.



TITLE III



THE AGREED NEGOTIATIONS OFFICE



§ 6



(1) the authority may agree with the appropriate organizational component that will be

Act (section 2) in proceedings before a court, an arbitration body, the administrative authority in the

or other authority in matters concerning the property instead of this the

business folder.



(2) in the case of the procedure referred to in paragraph 1 takes Office with the appropriate

the organizational component of a record which shall include the determination of matters relating to

property or the reason for that is to be brought, as well as

specifying the property to which the case refers to. The registration is valid for other essentials

Similarly, the rules on the creation of a registration pursuant to special legal

prescription. ^ 7)



(3) the procedure laid down in paragraphs 1 and 2, you cannot agree to any conditions, which

the Office would be limited in the way of the negotiations in the proceedings.



§ 7



Procedure provided for in § 6 is possible even if the proceedings before the Court, arbitration

authority, administrative authority or other authority in matters relating to:

of certain assets is already in progress.



§ 8



Procedure in accordance with the provisions of section 6 and 7 cannot be used



and if it excluded) or the international treaty, which the State is bound by and

published in collection of laws or in the collection of international

contracts,



(b)) if he had, the authority would act (section 2) in the control instead of the competent authority,

which special legislation confers the capacity to be a participant in

This management and that has for this procedure and process competence, ^ 6)



(c)) if the authority in proceedings under the provisions of paragraphs 3 and 4,



(d)) if the authority in this proceeding directly participating in (§ 11),



(e)) where it is no longer the appropriate organizational management is ensured

representation on the basis of power of Attorney,



(f) if the Office) performs in the procedure for the State as relevant organizational folder

(section 18, 19),



(g)) if the authority for the same procedure as follows with another

organizational folder.



TITLE IV



INTERVENTION



§ 9



(1) the authority may act as a State intervention in civil

^ 8) court proceedings before the courts in any matters relating to the property,

which is appropriate to manage state organization under the Special

^ 9) legislation where a State has a legal interest in the outcome of such

control.



(2) where the authority acts for the State pursuant to paragraph 1, acting on behalf of the State.

His practice includes all procedural acts in proceedings under the

special legal regulation can amount to intervener.



(3) the Office shall enter the proceedings on its own initiative or on or in another

the call of the party made through the Court. Does not consider the

complaint or challenge to be well founded, it shall inform the stating the reasons for

the person who filed the complaint, or through the Court of the participant,

that challenge has made.



§ 10



Procedure referred to in article 9 cannot be used



and the Office) if in proceedings under the provisions of paragraphs 3 and 4, or in accordance with

the provisions of articles 6 and 7,



(b)) if the authority in this proceeding directly participating in (§ 11),



(c) if the Office) performs in the procedure for the State as relevant organizational folder

(section 18, 19).



TITLE V OF THE



THE DIRECT PARTICIPATION OF THE AUTHORITY IN THE MANAGEMENT OF



§ 11



(1) the authority is eligible to be a participant in the civil proceedings alone and

has sued for this procedure, ^ 6) If, in cases

supported by the State's interests and in accordance with the particular legal

regulation proposes the initiation of proceedings before the national courts of

the invalidity of the contract of transfer of ownership of the thing or the transfer contract

the securities, which is not a State or a State enterprise,

or to such proceedings shall enter.



(2) the authority shall proceed under paragraph 1 on its own initiative or on the initiative of

bodies active in criminal proceedings, the Czech National Bank or of the Ministry of

finances. If the Office does not consider the property interest of the State for documented shall inform

about giving reasons of the person who filed the complaint.



(3) the procedure of the authority referred to in paragraphs 1 and 2 are without prejudice to privileges

the Prosecutor's Office under special legislation. ^ 11)



§ 12



Procedure in accordance with the provisions of § 11 cannot be used



and the Office) if in proceedings under the provisions of paragraphs 3 and 4, or in accordance with

the provisions of articles 6 and 7 or under the provisions of section 9,



(b) if the Office) performs in the procedure for the State as relevant organizational folder


(section 18, 19),



(c)) if the proceedings have already complained to the State Attorney's Office.



TITLE VI OF THE



LEGAL OPINIONS



section 13 of the



(1) the authority shall, on the request of organisational units and State organizations

handles written legal opinions on specific cases involving

with the asset.



(2) on the processing of legal opinion referred to in paragraph 1 may request the Office to

then, if justified by the fundamental importance or complexity of the case.



TITLE VII



THE REPRESENTATION OF THE MUNICIPALITIES OF



§ 13a



(1) the authority shall, in the cases and under the conditions laid down by this Act may

to provide legal assistance to municipalities representing communities in control

before the Court.



(2) legal assistance referred to in paragraph 1, the Office may provide only in the proceedings,

that is against the village claim to determine the ownership of the

real estate or its accessories which the municipality has acquired from the State, or

eligible for clearing this property.



(3) legal assistance referred to in paragraph 1, the authority shall provide the village free of charge.



§ 13b



Agreement on legal assistance in accordance with section 13a must be in writing and must

be marked with the assets of the municipality to which it is applied in the proceedings before the Court

claim.



§ 13 c



Legal aid may not be granted under section 13a,



and if the applicant is a State) or State Organization,



(b)) if the authority in proceedings under section 3, 4, 6, 7, 9, 11 or section 13d,



(c) if the Office) performs in the procedure for the State as relevant organizational folder

(section 18, 19).



section 13d



(1) the authority may act in the procedure for determining the ownership of the asset

municipalities (section 13a (2)) in the State as the intervener ^ 8) next to the village,

where a State has a legal interest in the outcome of such proceedings. § 9 para. 2

for this case by analogy.



(2) the procedure referred to in paragraph 1 cannot be used



and) If a party State or a State enterprise, or



(b)) if the authority in proceedings under section 3, 4, 6, 7, 9 or section 11.



PART TWO



ORGANIZATION AND MANAGEMENT OF THE OFFICE AND THE STAFF OF STATE CLASSIFICATION IN IT



§ 14



(1) the Office shall exercise their activities (article 3, 4, 6, 7, 9, 11, 13, 13a, 13b, and

13D), through its regional workplaces, which operates in the premises of the

regional courts and in the capital city of Prague for the territorial districts of the regional

the courts and for the territory of the city of Prague. Territorial departments shall carry out also

other tasks under this Act [section 1, paragraph 2 (b), (c))].



(2) if the performance of the activities of the Office and other tasks by secures

This Act holds the territorial departments (paragraph 1), it is an address for

delivery always address of this territorial workplaces.



(3) at the head of the Office of the Director-General, who shall be appointed by and from the

revokes the Minister of finance function; the Director General shall function in the

employment relationship.



(4) the internal arrangement of the Office shall determine its organisational rules, which

approves the Minister of finance.



§ 15



(1) the Technical supervision of the activities of OLAF (§ 3, 4, 6, 7, 9, 11, 13, 13a,

13B and 13d) shall exercise the Ministry of finance. This is without prejudice to the specific

legislation on the control and scope of the inspection bodies. ^ 12)



(2) the authority shall be sent to the Ministry of finance note copy of each

prepared a legal opinion (section 13).



(3) the Ministry of finance may at any time request the Office for information about the status of

the proceedings in every case in which the Office is active, if such information

necessary for the performance of its tasks.



section 16 of the



(1) an employee of the State Department (hereinafter "employee") may

only the unblemished natural person who is a citizen of the United

Republic and is fully qualified to perform legal acts. The condition of integrity

does not meet the person who has been convicted for an intentional criminal act and

the conviction has not been zahlazeno.



(2) the qualification prerequisite for staff of the authority that is to carry out

activities referred to in articles 3, 4, 6, 7, 9, 11, 13, 13a, 13b, and 13d

or provide similar activities in the context of carrying out other tasks of the Office (para.

18, 19), is always a university degree obtained by studying the master's

study programme in the field of law at a University in the Czech Republic and

at least a three-year period of practice in the field of the intended type of work after

termination of prewritten training.



(3) the labour relations of employees of the authority shall be governed by the labour code.



(4) the staff of the Office referred to in paragraph 2 as to the salary belongs to

representatives of the regional State Prosecutor's Office by the end of the fifth year

practice and to the Director of the Office belongs to the salary assigned to the Deputy

the Attorney General by a special Act. ^ 13)



(5) remuneration of other staff of the Office shall be governed by the laws

regulations governing the remuneration of staff in the bodies of State

Administration. ^ 14)



(6) the Ministry of finance organises and manages the training

staff of the Office.



§ 17



(1) employees of the Office are required to



and) to disclose facts which they learned when

employment or in connection with it, and even after the end of

the employment relationship; If special legislation provides otherwise, the

staff of the Office may, for important reasons this obligation to relieve

the Director-General of the Office and the Director-General of the Office may of this

obligations under the same conditions to relieve the Minister of finance,



(b)) in connection with employment not to accept gifts or other benefits,

with the exception of gifts or benefits provided by the employer, which are

employed, or on the basis of the laws, regulations and collective agreements,



(c)) to refrain from conduct that could lead to a conflict of interests of the State,

personal interests, especially not to misuse information acquired in connection with

employment in favor of your own or someone else's.



(2) the Office's employees shall not be members of statutory and supervisory

organs of legal persons engaged in a business activity.



(3) the Office's employees shall not engage in the business or otherwise

gainful employment; This restriction does not apply to the activities of the scientific,

pedagogic, journalistic, literary or artistic, the activities of

expert or interpreter to be exercised by a special legal regulation

for a court or administrative authority, ^ 15) on the activities of the advisory bodies of the Government and the

to manage their own assets.



section 18



The Office administers the property under special legislation. ^ 16)

The revenue and expenditure of the Office are contained in the budget chapter of the Ministry of

finances.



§ 19



(1) in the case of property, with which the Office is competent to manage according to the

the provisions of section 9 of Act No. 219/2000 Coll., on the property of the Czech Republic and

its representation in legal relations, perform the tasks referred to in that

law of territorial departments (section 14) in the capital city of Prague. Organizational regulations

The authority may provide that some of these tasks performs the other territorial

the workplace.



(2) in the case of property, with which the Office is competent to manage according to the

the provisions of section 11 of Act No. 219/2000 Coll., on the property of the Czech Republic and

its representation in legal relations, as amended by Act No. 202/2002 Coll.

perform the tasks referred to in that Act of territorial departments,



and in whose territorial jurisdiction), this property is located,



(b)) in which the previous owner had designated the last permanent residence

or registered office, as appropriate, in whose territorial jurisdiction was the seat of the Organization

the last relevant State organization or with the property of the

manage, if you cannot determine the territorial departments under (a)), or

the property is located in a foreign country.



(3) if the territorial departments designated pursuant to paragraph 2 (a). (b)), that the

property or its part is located in the territorial jurisdiction of another territorial

the workplace, shall immediately notify the territorial departments and territorial

workplace on the basis of that notice shall start immediately with the

execution of the tasks under the Act referred to in paragraph 2.



(4) if in a particular case, the doubts that the territorial

the workplace is to perform tasks under the law referred to in paragraphs 1 and 2,

This determines the territorial Office of the Director-General of the workplace.



PART THREE



COMMON PROVISIONS



section 20



(1) the Affairs relating to assets for the purposes of this Act, is also a matter of

concerning the obligation of the State or the undertaking of State organisations.



(2) where this Act provides otherwise, means the matters relating to the

property, ownership of the State, the obligation of the State of a liability of the State

organization or assets of the village as well as cases where someone claims or disputes

This is a property, the ownership of the State, the State's commitment, the commitment of the

State organization or assets of the municipality.



(3) If this Act talks about the jurisdiction of the farm assets

on the side of organisational units and State organizations, this means i

cases where that jurisdiction or administration someone claims or disputes

where appropriate, when is conditioned by specifying that it is a property.



Relationships associated with the activities and performance of other functions of the Office



section 21



(1) if the Office Begins to act in proceedings pursuant to the provisions of paragraphs 3 and 4, or in accordance with

the provisions of articles 6 and 7, when the procedure is already underway, are maintained

the results of this procedure as well as the effects of the existing procedural acts.

This applies if the Office, in the cases provided for by law

(article 23, paragraph 4, and 5) stops in the course of proceedings act.



(2) if the Office Begins to act in proceedings pursuant to the provisions of paragraphs 3 and 4, or in accordance with


the provisions of articles 6 and 7, it follows until its final end,

including any proceedings on extraordinary legal remedies, if not

otherwise stipulated (article 23, paragraph 4, and 5).



(3) for the conduct of the Office under the provisions of sections 3 and 4 and pursuant to the provisions of §

6 and 7 are any procedural steps taken by the appropriate organizational

folder in the control ineffective. Any legal acts, which in that time

the relevant branch shall take off control which are contrary to the

the procedure of the Office in this proceeding, are invalid.



(4) the position and circuit parties, or the jurisdiction of the organizational

folders to manage the property, ^ 3) which concerned are not

the conduct of the Office under the provisions of sections 3 and 4 and pursuant to the provisions of section 6 and 7

without prejudice to the outcome of the proceeding and including the payment of costs of the proceedings,

where applicable, the costs in its entirety is cast directly to this

organizational folder.



section 22



(1) if the Office in proceedings on behalf of the State (section 3, 4, 6, 7), is excluded

the current representation on the basis of power of Attorney agreed to the procedure

the relevant departments.



(2) if the authority in proceedings on behalf of the State (section 3, 4, 6, 7, 9) or

directly involved in the management or represents the municipality under section 13a and 13b, cannot itself

arrange representation for this procedure on the basis of power of Attorney, if this

Furthermore, the law provides otherwise (article 26).



Article 23 of the



(1) if in the course of the proceedings will be the conditions for exclusive negotiations

referred to in article 3, paragraph 3. 1 (b). a) and b), the appropriate organizational

the authority shall without delay inform about it. The Office shall notify this fact to the

the Court or arbitration body, before which the proceedings are taking place, and further

proceed under this Act. In other cases, the exclusive negotiations

to meet the conditions laid down in the course of the proceedings shall be disregarded.



(2) if in the course of the proceedings, in which the authority shall act in accordance with articles 6 and 7, will be

the conditions for the exclusive dealings (section 3 and 4), the Office shall notify the

the fact of the Court or arbitration body, before which the proceedings are taking place and

persists in acting pursuant to this Act.



(3) If in the course of the proceedings, in which the authority shall act in accordance with § 9, or in

which is directly involved in (section 11), the conditions are fulfilled for the exclusive

the hearing (section 3 and 4), the Office shall notify this fact to the Court before which

proceedings are taking place, their actions or their direct participation in the proceedings in accordance

the special legislation closes and it is under this Act.



(4) If in the course of the proceedings shall cease to be subject to the conditions for the exclusive

the conduct referred to in article 3, paragraph 3. 1 (b). a) and b) or occur

circumstances that exclusive negotiations in accordance with the provisions of § 3 and 4 exclusive (§

5), the Office shall notify this fact to the Court or arbitration body, before

which the proceedings are taking place, and in the proceedings for the State performs the appropriate

the branch, in the absence of agreement under the provisions of section 7. If

in the course of the proceedings, the conditions are no longer fulfilled in other

cases, exclusive dealing, this fact shall be disregarded.



(5) If in the course of proceedings in the circumstances that exclude the agreed

hearing (articles 6 and 7), and it is not yet the case referred to in paragraph 2, the Office shall

shall notify this fact to the Court, to binding arbitration, administrative authority or

another body, before which the proceedings are taking place, and in the proceedings for the State

performs the appropriate organizational unit.



section 24



(1) the performance of the activities of the Office of the hearing pursuant to § 3, 4, 6, 7, 13a,

13B or section 13d provides always the territorial departments (section 14)

territorial jurisdiction is the seat of the competent organizational unit or municipality.



(2) the performance of the activities of the Office of the hearing under the provisions of section 9 of the

It always provides the territorial departments, in whose territorial jurisdiction is the registered office of the

the Court before which the proceedings are pending, which has the authority to enter.



(3) the performance of the activities of the Office of his direct participation in the proceedings (section

11) secures it always territorial departments, in whose territorial jurisdiction is

the seat of the Court in which the petition is filed, or

the Court before which the proceedings are pending, which has the authority to enter.



(4) the performance of the activities of the Office of the processing of legal opinions

(section 13) secures the territorial Office in the capital city of Prague.



(5) the Director may, for important reasons for the individual case

the performance of the activities referred to in paragraphs 1 to 4 to specify other than the specified

territorial departments.



§ 25



(1) if the Office in proceedings on behalf of the State (section 3, 4, 6, 7, 9) or in the

directly involved in the proceedings (§ 11), in the framework of the law always

so, in order to effectively defended the interests of the State and respect for the fundamental

obligations in the management of the property.



(2) all business areas and State Organization on time and in full

provide to the authority the information, data, documents and cooperation necessary for the

proceedings in which the authority shall act on behalf of the State or in which it is directly

involved, and for the processing of legal opinions (section 13), if the Special

legislation or an international treaty, that State is bound and which

published in collection of laws or in the collection of international treaties,

provides otherwise.



(3) the authority in a timely manner and provides the competent organization in full folders

information, data and documents as they relate to the proceedings in which the Office

(§ 3, 4, 6, 7), and are especially needed for their proper

the management of the property.



(4) conduct in proceedings under the provisions of paragraphs 3 and 4, and in accordance with the provisions of § 6

and 7 do not provide the relevant organizational units of the Office of cash transactions. It

shall apply mutatis mutandis where the Authority processes the legal opinion for business

folder or State Organisation.



(5) If the authority acts in accordance with the provisions of paragraphs 3 and 4, or in accordance with

the provisions of articles 6 and 7, shall be borne by the immediate cash outlays related to the

This Act from its budget. Other costs and compensation

costs including legal fees and costs saved backups

evidence shall be borne by the appropriate organizational unit.



(6) If a court, arbitration institution, Government Department or other authority decided in

control, where the Office has acted according to the provisions of paragraphs 3 and 4, or in accordance with the provisions of the

articles 6 and 7, on costs in favour of the competent organizational

the folder will take appropriate organizational folder to the revenue budget account

Of a sum in the amount corresponding to the costs borne by the Office in accordance with

the first sentence of paragraph 5.



§ 25a



(1) the municipality is required to provide a timely and fully Office information

information, documentation and assistance, necessary for the proceedings in which the Office

represents the municipality pursuant to the provisions of § 13a and 13b.



(2) the authority in a timely manner and fully inform the municipality about the course of the proceedings in the case, in

which the Office provides representation of the village according to the provisions of § 13a and 13b.



section 26



If the authority in proceedings before the foreign and international courts and

arbitrators [§ 3, paragraph 1 (b), (c))], can arrange for this control

representation on the basis of power of attorney with an individual familiar with the law of the State

where the proceedings are taking place, and authorised to represent. Shall proceed always,

If this condition has a special law, international

the contract, which the State is bound by and published in the collection of laws

or in the collection of international treaties, or the rule of law of the State where proceedings

in progress. The provisions of § 25 para. 5 and 6 shall apply mutatis mutandis here.



section 27 of the



To provide an overview of immovable things that registered in cadastre

real estate in the Czech Republic (hereinafter referred to as "land registry"), which

are owned by the State and with which the Office is competent to manage (section 18,

19), uses the Office free of charge cadastral data, even

remote access to the land registry.



PART FOUR



TRANSITIONAL PROVISIONS



section 28



If on the date of entry into force of this Act are carried out before domestic

courts and arbitration proceedings in which the authorities would have the authority to act on

the provisions of § 3 para. 1 (b). a) and b), the procedure referred to in article 23 of the

paragraph. 1 only if they are not legally completed in control

a period of 1 year from the date of entry into force of this Act. This does not affect

the provisions of § 23 para. 2 and 3.



section 29



(1) the Office shall from the date of entry into force of this Act, the competent

manage all the assets with which at the date of entry into force of this

the law offices of relevant farming district or Ministry of

Treasury pursuant to the provisions of § 11 (1) 2 and 4 of Act No. 219/2000 Coll., on the

the assets of the United States and its representation in legal relations, and with the

establishing the effective date of this Act, nenaložily. This is true

Similarly, on the rights that are associated with this property, and which were

the district offices or the Ministry of Finance on the date of entry into force of this

Act appropriate manage according to § 9 of this Act.



(2) the provisions of paragraph 1 shall not apply to the assets with which, according to the

special legal regulation becomes applicable to farm Agency

nature and landscape protection of the Czech Republic.



(3) from the date of entry into force of this Act shall perform the tasks referred to in

the provisions of section 38 of the Act referred to in paragraph 1 in respect of all obligations of the State


associated with the property referred to in paragraph 1 if these tasks to

that date meet the district offices or the Ministry of finance, with the

excluding those, which have the following tasks according to a special legal

prescription to meet nature and landscape protection of the Czech Republic.



section 30



Exercise of the rights and obligations arising from employment relations to employees who

on the date of entry into force of this law on district offices, or on the

The Ministry of finance provided led the agenda related to the

the assets referred to in the provisions of § 29 para. 1 and the obligations referred to in

the provisions of § 29 para. 4, the effective date of this Act of

the district offices and the Ministry of finance to the Office. ^ 17)



section 31



(1) the district offices and the Ministry of Finance shall transmit to the assets referred to in

the provisions of § 29 of the Office by 30 November. September 2002; the subject of the surrender

they will also all closed and unclosed file reference materials & tools

operational records and other documents relating to assets, as well as

papers on commitments related to the transferred assets (hereinafter referred to as

"documentary material"). Of the transmission protocol, which shall be drawn up in the annex

all lists are transmitted to the items and the obligations related to the

transferred assets.



(2) taking over the property and document materials referred to in paragraph 1 within the

The authority shall ensure that the individual territorial departments according to their regional circuits

(section 14). This territorial workplace also ensures that for things that

shall be registered in the land registry, the record was made in the land register

real estate. For these purposes, the Charter jurisdiction of the Office certifying

its announcement.



(3) for the forwarding and receipt referred to in paragraphs 1 and 2 of the district offices and

The Ministry of Finance shall ensure to the extent of activity and carry out

urgent actions towards security and protection have not yet nepředaného

asset. Timely notify the territorial departments of the Office on urgent legal

negotiations relating to these assets and provide them with the necessary

synergy.



§ 32



Authority within their jurisdiction to manage assets (section 18, 19)

continues in the exercise of the right of the State to release things according to specific

^ law 18) in all cases where this thing falls into assets

referred to in the provisions of § 29 and initiated the procedure for this claim was not

yet been completed.



section 32a



(1) on January 1. July 2009 passes from the Ministry of finance, the Office of the

the jurisdiction of the farm with the property to which



and the Ministry of finance was right) management pursuant to § 4 paragraph 2. 3

Act No. 172/1991 Coll., on the passing of some of the things from the assets of the United

Republic to the ownership of the municipalities, as amended, and with which

the Ministry of finance to that date of the farm,



(b) the jurisdiction of the Ministry of Finance) was established to manage according to the article. I point

6 of Act No. 366/2000 Coll., on the abolition of the Fund children and youth and about the changes

certain acts, as amended by law no 428/2003 Coll., and with which it is

The Ministry of Finance on that day, the farm, with the exception of

participating interests in companies.



(2) the authority of the State concerned as from the date referred to

in paragraph 1, the State shall exercise the rights and fulfil the responsibilities and obligations

relating to assets referred to in paragraph 1 or with this property

related, it is a State party to the contractual relations that this

property related to or associated with him, and he performs for the State before the courts,

arbitration authorities, administrative authorities and other authorities in the proceedings

These assets relate to or related to it.



(3) on handover and takeover of the assets and liabilities referred to in paragraphs 1 and

2, including documentation relating to those assets, liabilities and contractual

relations and management, and the Office of the Ministry of finance takes a protocol that

the annex lists will be passed by the assets, liabilities, and documentation.

The Protocol is also the Charter, which the authority shall forward to the reporting changes

the jurisdiction of the farm to make a record in the land register.



PART FIVE



The EFFECTIVENESS of the



§ 33



This Act shall take effect on 1 January 2000. July 2002.



Klaus r.



Havel, v. r.



in the financial times in the r..



1) for example, the code of civil procedure, the code of criminal procedure, Act No. 216/1994 Coll.

on arbitration and the enforcement of arbitral awards, the administrative code.



2) § 14 para. 4 of Act No. 219/2000 Coll., on the property of the Czech Republic and

its representation in legal relations.



3) § 9 and 11 of Act No. 219/2000 Coll., as amended by Act No. 202/2002 Sb.



4) Act No. 151/1997 Coll., on the valuation of assets and amending certain

laws (law on the valuation of assets), as amended by Act No. 121/2000 Coll.



5) for example, Act No. 82/1998 Coll., on liability for damage caused by

in the exercise of public authority by a decision or incorrect official procedure and

amending Act No. 357/1992 Coll., on the notarial profession and their activities (notarial

order).



6) section 19 and 20 of the code of civil procedure.



7) § 19 para. 1 of Act No. 219/2000 Sb.



8) § 93 of the judicial code, as amended by Act No. 30/2000 Coll.



8) § 93 of the judicial code, as amended by Act No. 30/2000 Coll.



9) § 55 para. 1 of Act No. 219/2000 Coll., as amended by Act No. 492/2000 Sb.



11) for example, § 42 of Act No. 283/1993 Coll., on the public prosecutor's Office, in

amended by Act No. 266/1994 Coll.



12) for example, Act No. 219/2000 Coll., as amended,

Act No. 553/1991 Coll. on State control, as amended,

Act No. 166/1993 Coll. on the Supreme Audit Office, as amended by

amended, Act No. 320/2001 Coll., on financial control in the

public administration and on amendments to certain acts (the Act on financial control).



13) Act No. 201/1997 Coll., on salary and some other elements of the

prosecutors and amending and supplementing Act No. 143/1992 Coll., on salary

and remuneration for work stand-by in budgetary and certain other

organisations and bodies, as subsequently amended.



14) Act No. 143/1992 Coll., on salary and remuneration for stand-by duty in

the budget and certain other organisations and bodies, as amended by

amended.



Government Decree No. 253/1992 Coll., on salaries of employees of the institutions

the State Government, some of the other institutions and municipalities, as amended

regulations.



15) Act No. 36/1967 Coll. on experts and interpreters.



16) for example, Act No. 219/2000 Coll., as amended,

Act No. 218/2000 Coll. on budgetary rules and amendments

related acts (budgetary rules), as amended

regulations.



17) § 251 c of Act No. 65/1965 Coll., the labour code, as amended by Act No.

220/2000 Sb.



18) § 23a of Act No. 403/1990 Coll. on the mitigation of certain property

grievances, as amended by Act No 137/1991.



section 34 of Act No. 87/1991 Coll. on extra-judicial rehabilitation.