The Terms Of The Bankruptcy Proceedings And Bankruptcy Committees

Original Language Title: o náležitostech konkursního řízení a konkursních komisích

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=59677&nr=54~2F2005~20Sb.&ft=txt

54/2005 Sb.



DECREE



of 26 March. January 2005



the terms of the bankruptcy proceedings and bankruptcy committees



The Ministry of education, youth and sports is determined according to § 166 paragraph.

3 of Act No. 561/2004 Coll. on pre-school, primary, secondary, higher

vocational and other education (the Education Act):



The establishment and composition of the bankruptcy Commission



§ 1



(1) the Chairman and other members of the bankruptcy Commission (hereinafter referred to as "the Commission") for the

the assessment of the candidates for appointment as Director of the education law

the person or the Director of the subsidized organizations practising school

or school facility (hereinafter referred to as "legal entity performing activities

school ") shall be appointed by no later than 30 days before the date of bankruptcy proceedings (

"the audition") founded by the legal persons carrying out

activities of a school (hereinafter referred to as "the founder"), for which the audition takes place.



(2) the function of the Secretary of the Commission, which organizationally and administratively

meeting of the Commission shall exercise provides an employee of the founder. The Secretary of the

It is not a member of the Commission.



(3) if the Member of the Commission no longer to carry out his duties, the founder of the it

Revokes and appoints new Member of the Commission.



§ 2



(1) the members of the Commission are in bankruptcy proceedings, the Director of the legal

persons performing activities of a school set up by the Ministry of education,

Youth and sports ^ 1) appointed:



and one member designated by the founder),



(b) one member designated by the municipalities) of the legal person

performing activities of schools,



c) two members who are experts in the field of public administration,

Organization and management in education according to the kind and the type of the relevant school or

the educational establishment,



(d)), one member of which is a pedagogical worker ^ 2), the competent legal

persons performing activities of a school,



(e)), one member of which is a school inspector of the Czech school inspection, and



(f)), which is a member of the School Board, ^ 3) is established.



(2) the members of the Commission are in bankruptcy proceedings, the Director of the legal

persons performing activities of a school established by the region of ^ 4) appointed:



and two members of the determination of the founder),



(b) one member designated by the Director) of the regional office,



(c)) one member of the, which is an expert in the field of public administration, organization, and

management in education according to the kind and the type of the relevant school or school

the device,



(d)), one member of which is a pedagogical worker ^ 2), the competent legal

persons performing activities of a school,



(e)), one member of which is a school inspector of the Czech school inspection, and



(f)), which is a member of the School Board, ^ 3) is established.



(3) the members of the Commission are in bankruptcy proceedings, the Director of the legal

persons performing activities of a school established by municipalities or the voluntary

Union of municipalities ^ 4) appointed:



and two members of the determination of the founder),



(b) one member designated by the Director) of the regional office,



(c)) one member of the, which is an expert in the field of public administration, organization, and

management in the field of education according to the kind and the type of the relevant school or

the educational establishment,



(d)), one member of which is a pedagogical worker ^ 2), the competent legal

persons performing activities of a school,



(e)), one member of which is a school inspector of the Czech school inspection, and



(f)), which is a member of the School Board, ^ 3) is established.



(4) in the case of a legal person exercising only the activities of the educational

a device in which teaching staff, ^ 2) founder shall designate

a member of the Commission, another employee of the legal person.



(5) the founder, where appropriate, the Commission, with the consent of the founder may invite

to the conduct of the Commission, if necessary, other experts with advisory,

who are not members of the Commission.



(6) to appoint the Commission without pedagogical worker ^ 2), the competent legal

persons performing activities of a school or another employee referred to in paragraph

4 you can:



and) in a legal entity that carries on only the activities of elementary school,

that does not have all of the editions of the ^ 5), and in which all educational

personnel ^ 2) into bankruptcy, reports the



b) for legal persons, which only carries out the activities of the nursery or

the school facility, in which all educational personnel ^ 2)

reports to the bankruptcy,



(c)) to the newly established legal entities performing activities of a school, or



(d)) in the merger or consolidation of legal entities performing activities

the school.



Requirements of the insolvency proceeding and the Commission's activities



§ 3



The founder on the official Board or otherwise in place of the usual shall notify:



and the name of the function) and legal persons carrying out activities of a school, where the

be exercised,



(b) the conditions for the performance) the functions assigned to a special legal

Regulation, ^ 6)



(c) the name and address of the founder), which is delivered to the application,



d) content requirements for applications and date of its submission.



§ 4



(1) the Commission will launch its activities immediately after his appointment

the founder.



(2) the negotiations the Commission is non-public.



(3) the Commission is quorate if at least five members are present

the Commission, including the Chairman.



(4) the Commission shall examine whether the application complies with the requirements referred to in § 3

(a). (b)), and (d)), and agreed that the candidates will be subjected to the test

showing "a true knowledge of the issues in the region in which they carry out

their function (hereinafter referred to as the "knowledge test"), and further suggests the founder

disposal of candidates who did not meet the conditions laid down in paragraph 3 (b). (b))

or (d)). An application to be lodged after the deadline set out under section 3 (b). (d))

Returns the head of the Commission back candidates without further consultation with the indication of the

reason for the return.



(5) the Commission sent by recorded delivery with acknowledgement of receipt to the address indicated

the applicant not later than 14 days before the date of the bankruptcy, the invitation to the

bankruptcy, in which the place, date and hour of the venue to the bankruptcy.



§ 5



(1) the Commission shall examine the suitability of the applicant for the performance of functions on the basis of

the application and directed the interview lasting at least 15 minutes and not more than 60

minutes. After their talks, the Commission requires controlled from the experts

invited pursuant to § 2 (2). 5 professional representation. Candidates may be further

evaluated on the basis of the knowledge test lasting no more than 60 minutes.

Questions of the knowledge test, the criteria and conditions for the evaluation of this test

the Commission shall determine. These criteria and conditions the Commission candidates get acquainted

before the start of the test.



(2) on the basis of the application of controlled conversation, where appropriate, existing

the results of the candidates, in particular in its functions in the field of education, youth and

sports, the knowledge test, and the observations of the experts referred to in paragraph 1

the Commission shall act by a vote of the suitability of the applicant. An eligible candidate is

such a candidate, who won by an absolute number of votes

present members of the Commission. In case of equality of votes

President of the Commission.



(3) in the event that the Commission decided on the basis of paragraph 2, for the performance of

the features are good two or more applicants, each Member shall draw up

Commission a custom order of those candidates, ranging from the most appropriate after

the least suitable applicants. The order of candidates shall transmit to all members of the

Commission to the President of the Commission.



(4) the President of the Commission, after receipt of the order of the applicants referred to in paragraph 3 for the

the participation of all present members of the Commission shall give the overall evaluation

bankruptcy in the manner specified in paragraph 5 and shall determine the resulting sequence

the tenderers.



(5) the first in the sequence becomes the bidder with the lowest sum of the position according to the

the order of the members of the Commission, one of the best and one

the worst reviews of each of the candidates is not counted. In the case of

equality of the lowest sum of placing multiple candidates becomes the first in the

the order of the candidate who won the most first places. If it is as follows

more candidates is a critical location of the tenderer in order

President of the Commission. Similarly when you determine the resulting sequence

other candidates.



(6) following evaluation of the bankruptcy Commission President in the presence of members of the Commission

be published without undue delay, the resulting sequence of relevant candidates.

Candidates will be notified of the result by the Chairman of the Commission order also

in writing, within 7 days from publication of the final ranking of candidates.

The resulting order of candidates for the governing body recommending character.



§ 6



(1) the Secretary of the Commission during the bankruptcy takes a record, which includes:



and the full text of the Declaration of bankruptcy),



b) date and method of the insolvency proceeding,



(c) a list of the members of the Commission present) during the bankruptcy,



(d) a list of candidates)



(e)) the Commission decision to the suitability of the applicant, stating that:



1. for the execution of a function is not suitable any tenderer,



2. for the execution of a function is one of the suitable candidates or



3. for the performance of functions are good two or more applicants,



(f)) for each of the members of the order of the candidates, the Commission, pursuant to section 5 (3). 3 and

proof of the resulting order of the applicants pursuant to § 5 para. 4, in which the Commission

qualified majority on the basis of § 5 para. 2, that are suitable for the performance of functions,



(g) knowledge test) questions and its evaluation in the case that was

used.



(2) the President shall transmit to the Commission without undue delay, the founder of writing

signed by all members of the Commission who were present at the proceeding. In the case of

denial of registration of a member of the Commission, the signature in the minutes shall state the reason

the rejection.



Transitional and final provisions



§ 7




Auditions announced before the entry into force of this Decree shall be completed

According to the existing legislation.



§ 8



Repeals the Decree No. 72/2003 Coll., on the compilation of the bankruptcy Commission and

the rules of their activities when the bankruptcy proceedings on the selected function in the

the field of education.



§ 9



This Decree shall take effect on the date of its publication.



Minister:



JUDr. Buzek in r.



§ 8 paragraph 1). 2 Act No. 561/2004 Coll. on pre-school, primary,

secondary, higher vocational and other education (the Education Act).



2) section 2 of the Act No. 563/2004 Coll. on pedagogic workers and amending

Some laws.



3) § 167 and 168 Education Act.



4) § 8 para. 1 of the Education Act.



5) § 46 para. 2 Education Act.



6) Act No. 563/2004 Sb.