On Damages Caused By The Selected Protected Animals

Original Language Title: On Damages Caused By Selected Protected Animals

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=49264&nr=115~2F2000~20Sb.&ft=txt

115/2000 Sb.



LAW



of 5 December. April 2000



on the compensation of damage caused by protected especially selected

animals



Change: 476/2001 Sb.



Change: 320/2002 Coll.



Change: 130/2006 Sb.



Change: 227/2009 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



INTRODUCTORY PROVISIONS



§ 1



The subject of the edit



(1) this Act regulates the provision of compensation for damage caused by the selected

especially protected animals ^ 1) (hereinafter referred to as "the selected animal").



(2) compensation for damage provides State under the conditions, to the extent and in the manner

which are laid down in this law.



§ 2



Definition of terms



For the purposes of this Act, means the



and domesticated animals) set out the bovine, porcine, ovine, caprine,

water fowl and poultry, horses, donkeys and their hybrids, rabbits and

fur animals,



(b)) damage the injury caused by the selected animal referred to in § 3 on life

or physical health of a person or the property of persons referred to in section 4 (b). (b))

to (i)),



(c)) attempt to animal wild animal held in captivity, human

that its holder has escaped,



d) fish fish kept for economic purposes in ponds, cages, ^ 2)

fish hatcheries and odchovnách, cage litter or pstružích

the farms; and also fish in the fisheries,



e) dog dog breed pastoralist heavy used for Babysitting

designated domesticated animals from the attacks of predators, including hybrids

these breeds (e.g. Slovak čuvač, German Shepherd, Caucasian Shepherd,

kuvazs, Pyrenean shepherd dog)



(f)) closed construction or device object, which prevent the defined

domesticated animals in free movement outside the object (eg.

the building, pen, yard, fenced plot of land).



§ 3



The selected animals



The selected animals are



and) European Beaver (Castor fiber l.),



(b)), Otter (Lutra Lutra L.)



c) great Cormorant (Phalocrocorax carbo L.)



d) Moose (4.camels l.),



(e)), brown bear (Ursus arctos l.),



(f)), Eurasian Lynx (Lynx Lynx l.),



(g)), the Wolf (Canis lupus l.).



§ 4



The subject of damages



Replaced by the damage caused by the selected animal on the



life or health) of the natural person, ^ 3)



(b)) defined domestic animals,



(c)) dogs used to guarding selected domesticated animals,



(d)),



e) colonies, and beekeeping equipment



(f)) nesklizených field crops,



(g)) of the permanent stands,



h) closed premises, or



I) movable things in closed premises.

provided that the conditions laid down in this law.



PART THE SECOND



THE CONDITIONS FOR ENTITLEMENT TO DAMAGES, THE EXTENT OF THE DAMAGES AND THE APPLICATION OF THE

THE CLAIM FOR DAMAGES



The conditions for entitlement to compensation



§ 5



(1) is replaced by the only damage proven caused on the territory of the Czech

the Republic of the selected animal, are subject to the conditions laid down in this

by law and only in cases where the selected animal, at the time when the damage

There, according to a special protected animal particularly legal

^ 1 of the code.)



(2) pursuant to this Act is not paid the damage



and) caused by the selected animal bred in captivity of humans or

attempt from this captivity,



(b)) caused by the selected animal physical person in the framework of its

labor relations as an accident at work, ^ 4)



(c)) resulting from the hunters while hunting for the selected animal, which damage within the meaning of

This law has caused.



§ 6



(1) the compensation for the damage to the domestic animals can be defined

provide only if the following additional conditions:



and cattle, horse,) and their crossbreeds, sheep, goat or pig were

introduced at the time of the damage in a closed object or electric

isolation barriers or their location at the time of the damage outside the closed

object, or an electric fence were under the direct supervision of a natural person

or Shepherd Dog



(b) poultry and water fowl) poultry has been placed at the time of the damage in the

a closed object



c) rabbits and fur animals were placed at the time of the damage in the

a closed object.



(2) compensation for damage to fish, may be granted only if the following

other conditions:



and) damage was caused by kormoránem great, or



(b)) the damage was caused by Vydra River, where at the time and place of

damage shown to be traced; If the damage was caused by a fish

cage, fish hatcheries and odchovnách, cage litter or

pstružích farms, will provide the compensation only if these have been

at the time of the damage, and on any fenced inflow and outflow water

bear grills preventing the intrusion of otters.



(3) damages on field crops shall not be granted if not

harvested in agrotechnických the time limits of normal for a given territory; If

field crops have not been harvested in agrotechnical period due to good

Special considerations (e.g. for the protection of nature), the compensation shall be

provide.



(4) compensation for the damage to the sealed objects can provide, even if

that the damage was not caused directly by the selected especially protected animal,

but it caused as defined by domesticated animals as a result of the infestation

in particular, a protected animal.



section 7 of the



The extent of damages



(1) when the damage to the life of a natural person caused by the selected animal,

shall provide the



and the one-time compensation for surviving persons), provided that the deceased

to them had the obligation, ^ 5) and that the survivors of a minor to the person in

the amount of 50 000 Czk and the other survivors to the person in the amount of Czk 25 000, and



(b) reimbursement of reasonable costs) associated with funeral expenses and compensation and

demonstrably incurred costs associated with the treatment of the deceased in

the context of the emergence of the damage, which will be replaced by pursuant to this Act

a natural person, that the costs incurred; replacement costs

funeral expenses shall be reduced by death grants provided under the special legal

^ 6) of the code.



(2) When the damage to the health of the natural person, the injured party shall provide

compensation for the pain and make it difficult for the social application of specified

under special legislation, ^ 3) as well as the compensation and

demonstrably incurred costs associated with the treatment of the injured party in the

the context of the emergence of the damage, which will be replaced by pursuant to this Act.



(3) the method of calculating the amount of the damages within the meaning of this law in defined

domesticated animals, dogs used for their babysitter, fish,

colonies, and beekeeping equipment, field crops, nesklizených

Permanent stands, closed buildings or movable things in

closed objects provides for the Ministry of the environment

by Decree.



(4) to establish the amount of the damages within the meaning of this law can be used also

expert opinions or expert opinions. ^ 7) the amount of the damage to the fish

caused by the river Vydra or kormoránem large proof always

expert opinion or expert opinion.



A claim for damages



§ 8



(1) the injured party shall report all damages under this Act within 48 hours from the

its findings to the competent authority for nature protection locally, ^ 8)

According to the place where the damage occurred.



(2) for the provision of compensation under this Act, the injured party shall request

the regional authority of the competent according to the place where the damage occurred, or Municipality

the capital city of Prague, was to the detriment of the territory of the city of Prague,

(hereinafter referred to as "the authority").



(3) an application for the granting of compensation to the injured party shall submit to the competent

authority, in the case of damage to the



and health, not later than) 2 years from the occurrence of the damage,



(b)) defined domestic animals, dogs used for Babysitting

selected domestic animals, or colonies, and beekeeping equipment

within 10 days from the date when the injured party to the detriment of the learned, but not

within 6 months from the date when the damage occurred,



c) fish caused by the river Vydra or kormoránem great, within 10 days from the date of

the date when the injured party to the detriment of the learned, but not later than 6 months from the

the day with the highest probability of injury,



(d)) nesklizených field crops, permanent stands, closed

objects or movable things in closed premises, within 15 days from the date of

the date when the injured party to the detriment of the learned, but not later than 6 months from the

the date when the damage occurred.



(4) the date on which the application is considered as submitted, is the day when

the competent authority shall request the injured party received.



(5) unless the application for the granting of compensation to the injured party submitted

to the competent authority within the time limits referred to in paragraph 3, be entitled to compensation

damages under this act ceases to exist.



§ 9



(1) the injured party calls for the provision of compensation to the competent authority a written

applications, accompanied by the documents and the supporting documents necessary for the assessment of entitlement to

compensation for damages. The content requirements for an application, as well as documents and

the handouts, which corrupted the application connects to, are listed in the annex to

This law.



(2) if the application does not contain the prescribed particulars, or if there are

the application connected to the prescribed documents and supporting documents, the competent authority shall invite the

the injured party, to complete the missing information or documents supporting documents

at the latest within 30 days from the date of receipt of the invitation. In this period of time may

the sufferer also clarify the scope and amount of compensation for the damage of the
asked. The competent authority may, for reasons worthy of special attention this

the time limit on the basis of the request of the injured party should be extended.



(3) the competent authority may, to prove the fact that the damage occurs, the

as well as to prove the amount of damages in case of doubt call upon the injured party

to supplement the submitted documents and materials about the expertise, where appropriate,

expert opinion, within a reasonable period specified by the competent authority.



(4) If the request of the injured party does not contain the prescribed information, not to her

accompanied by the required documents and the supporting documents or, on the basis of the challenges

the competent authority were not the prescribed particulars of the request, as well as

prescribed or requested documents and supporting documents, accompanied by the victims

damages to the injured party. This does not affect the right of

the injured party to claim the award of damages in court.



§ 10



(1) the locally competent authority for nature protection ^ 8) after the announcement of the damage

immediately executes the local investigation, draws up a Protocol and ensure appropriate

the way the evidence. These documents shall transmit without delay to the competent authority.



(2) the facts necessary for the assessment of the claim for damages shall examine the

the competent authority shall, without delay after receipt of a complete application. When assessing the

based on the submitted documents and handouts, which corrupted the shows

their property rights, or other relations to the subject of compensation,

on professional or expert opinions, medical reports in the case

damage to life or health, of the confirmation of a veterinarian in the case

death of animals and also of the opinions and data on monitoring

the selected animals provided by the Ministry of the environment,

where appropriate, established by legal persons.



(3) If the competent authority finds that the damage caused is selected

animal, are subject to the conditions laid down in this law and they are not

doubts about the damage to the injured party and the amount of the refund requested by

the damage, the competent authority shall pay compensation to the victim, not later than

4 months from the date on which the competent authority of the request of the injured party to provide

compensation received, and in a way that damaged in its request

suggested. If there is damage or the amount established by the competent authority to pay

to pay for the damage.



(4) if the competent authority does not pay the compensation within the time limit and under the

the conditions referred to in paragraph 3, it may return a damaged claim

damages under this Act in a court, and no later than 1 year

the date on which the competent authority of the request of the injured party a refund

the damage received.



(5) in proceedings before the Court in matters of compensation under this Act,

acting on behalf of the State of the regional offices, and in the case of damage suffered in the territory of

the capital city of Prague, Prague City Hall.



(6) if the compensation is granted by the Court, the competent authority shall pay to the injured party

granted, the amount of compensation within the time specified by a final decision

of the Court.



(7) the scope of the established regional authority or municipality of the capital city

Prague under this Act are carried over the scope of performance.



section 10a



(1) the Ministry of the Interior or the police of the Czech Republic provides to the authorities of

referred to in section 10



and data from Basic) reference population register,



(b)) the data from the agendového information system of the population register,



(c)) the data from the information system of the agendového foreigners

.



(2) Information Provided pursuant to paragraph 1 (b). and) are



and, where applicable, names) the name, surname,



(b)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, the place and the State where he was born,



(c)) date and place of death; in the case of the death of the data subject outside the territory of the Czech

Republic, the date of death, place and the State on whose territory the death occurred;

If the decision of the Court on the declarations for the dead, the day which is in

decision given as the day of death or the day that the data subject

declared dead survived, and the date of the entry into force of this

the decision,



(d) the address of the place of stay)



e) citizenship, or more of State citizenship.



(3) Provided the information referred to in paragraph 1 (b). (b))



and, where applicable, names) the name, surname, maiden name,



(b)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, the place and the State where he was born,



(c) the social security number),



(d) the address of the place of residence),



e) citizenship, or more of State citizenship.



(4) the information Provided under paragraph 1 (b). (c))



and, where applicable, names) the name, surname, maiden name,



(b)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, the place and the State where he was born,



(c)), or more citizenship nationality,



(d)) kind of place of residence and address,



(e)) the beginning of the stay, where appropriate, the date of their stay.



(5) data that are kept as reference in the principal registry

the population recovered from the agendového information system registration

of the population or agendového information system for foreigners only if they are

in the shape of the previous status quo.



(6) the data provided can be used in a particular case only

such information, which are necessary to fulfil that task.



PART THE THIRD



COMMON AND FINAL PROVISIONS



§ 11



(1) unless otherwise provided, shall be governed by the legal relations prepared in this

law of the civil code.



(2) The procedure of the competent authorities under this Act does not apply

the administrative order. ^ 10)



(3) if the compensation granted under this law, cannot be

to provide compensation for the damage under the legislation on hunting ^ 11) and

on the contrary.



(4) the financial resources of the damages and the activities of the competent authorities

under this Act, shall provide the competent authorities of the State

the budget.



§ 12



(1) in accordance with this Act, provides compensation for damage arising after the date of

the acquisition of its effectiveness.



(2) the first application for compensation can be applied at the earliest 48 hours after

the entry into force of this law.



section 13



The effectiveness of the



This Act shall take effect on the date of publication.



Klaus r.



Havel in r.



Zeman in r.



Annex



Requirements for the provision of compensation for damage, the documents and the supporting documents,

request connect



1. The request for compensation shall include the following information:



and) name, surname, identity number and residence of the applicant (damaged),

If it is a natural person,



(b) the name and registered office) the identification number of the person of the applicant (damaged),

If it is a legal person,



(c) a description of the causes of the damage) and putting the scale of the damage,



(d) the indication of the selected animal) that damage in accordance with the applicant's knowledge,

(damaged),



(e) a description of the measures the applicant) (the injured party), which has made to prevent

the damage,



(f) the provision of compensation) the way (e.g. by converting the financial

resources on behalf of the injured party at the financial institution, payment of cash

the amount of cash in the cash register of the competent authority, by sending cash

amount of the money order to the address of the damaged).



2. The request for compensation, the applicant (damaged) attached:



and the medical report from the doctor), which carried out the treatment, or cured

natural person, in the case of any damage to life or health,



(b) extract from the Registrar) (from the book of death) of the cause of death, physical

the person and the medical report from the doctor who performed the treatment of that person

After the attack of the selected animal on it, if the person is medically

treated and, in the case of the death of a natural person,



(c)), document or other evidence of ownership of the animals referred to in §

4,



(d) proof of the user) the right to the pond, the nursery, the fish hatchery, fish

odchovně, car odchovně, trout farm, in the case of damage to the fish

Vydra River or kormoránem caused by large, and expert judgement or

an expert ^ 7) about the damage to the fish and the amount of,



e) certificate issued by a veterinarian about the cause of death of the animal in the

property damaged; This certificate is not necessary, in the case of damage to the

fish,



(f)) evidence of proprietary or other right to the movable or immovable,

on which the damage occurred, if the damage to the nesklizených field

crops, permanent stands, closed buildings or movable

matters in closed premises,



(g)), if applicable, an expert or an expert ^ 7) for damage and

of the amount, in addition to the damage to the fish when it comes to mandatory submission of this

the report [letter d)].



3. the competent authority the application connects the Protocol and other evidence

(e.g., video, photos) from a local investigation carried out by

or authority for nature conservation, or invited expert.



1) section 48 of the Act No 114/1992 Coll., on nature and landscape protection.



2) Law No 102/1963 Coll., on fisheries, as amended.



3 of the Civil Code).



4 of the labour code).



5) Act No. 94/1963 Coll., on the family, in the wording of later regulations.



6) Law No 117/1995 Coll., on State social assistance, as amended by

amended.



7) Act No. 36/1967 Coll., experts and interpreters.



8) Act No 114/1992 Coll., as amended.



10) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by

Act No. 29/2000 Sb.



11) for example, Act No. 23/1962 SB., about hunting, as amended
regulations.