On The Penalties For Non-Compliance With The Laws Of Transformation. Cooperatives

Original Language Title: o pokutách za nedodržování zákonů o transformaci zem. družstev

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=40704&nr=39~2F1993~20Sb.&ft=txt

39/1993.



LAW



The Czech National Council of 20 October. December 1992 on the penalties and kaucích for

failure to comply with laws governing the transformation of agricultural cooperatives and

correction of property-related injustices in the ownership of land and other

agricultural property



Change: 320/2002 Coll.



Change: 503/2012 Sb.



The Czech National Council decided on the following Act:



§ 1



This Act regulates the fines and bail for violation of the provisions of law No.

229/1991 regulating ownership of land and other agricultural

assets, as amended by Act No. 93/1992 Sb.; Act No. 244/1992 Coll.,

to regulate certain issues relating to Act No. 229/1991

Coll., on the adjustment of the ownership of land and other agricultural property,

as amended by Act No. 93/1992 Coll., as amended by Act No. 441/1992 Coll., and

Act No. 42/1992 Coll., on the adjustment of property relations and the settlement of

property claims in cooperatives, as amended.



§ 2



(1) violation of the provisions of the laws referred to in section 1 of the obliged entities ^ 1)

or legal entities established by a special Act ^ 2)

match under this Act, a natural person, that the person liable for

Act, or should be, and in the case of the negotiations on the command, of a natural person,

that gave the command to act. The liability of fault shall be sufficient

negligence.



(2) the provisions of the laws referred to in paragraph 1, in particular the one who violates



and real estate or another) assets subject to the

the legislation on the adjustment of the ownership of land and other agricultural

asset, its components or accessories illegally converts into

ownership, ^ 3)



(b)) or without legal reason preventing delaying release of legitimate real estate

the person, that were transferred to the State or another legal person on the basis of

the decision of the Court or the administrative authority or other legal

the Act or legal reason as a result of property-related injustices that have occurred against

the owners of agricultural and forest assets in the years 1948-1989, ^ 3)



c) prevents provide compensation for land, residential buildings, economic

buildings and other constructions, or the grant of such refunds without a legal reason

pozdržuje,



d) prevents the grant of a refund for the living and the dead inventory and supplies

that the original owner had brought into agricultural cooperative or

withdrawn in the period from 25. February 1948 to 1. January 1990, ^ 3) or the provision of

such refunds without a legal reason, pozdržuje,



(e) the beneficiary damage) will result in the release of real estate and providing

refunds ^ 3) and settlement of interests of the members of the agricultural

cooperatives and other eligible persons on the assets of the agricultural cooperative, ^ 4)



(f)) to secure the formalities laid down by the specific transformation project

^ 4 the code.)



(3) a natural person referred to in paragraph 1, the local authority of the stores with

extended powers fine up to 25 000 Czech Crowns. When you

imposition of a fine of the same physical person saves the municipal office municipality with extended

operating within a fine of from 5000 to 50,000 Czech Crowns.



(4) a fine may be imposed within a period of one year from the date of the municipal office

municipalities with expanded authority became aware of the violation of the provisions of the laws of the

referred to in paragraph 1, but no later than three years from the date on which this

violation has occurred.



§ 3



(1) on a proposal from the person whose legitimate claims under the Special

the regulations were not required by the person or entity arising under

such a law have been dealt with the effective date of this Act, may

Save the local authority of with extended powers required the person or

legal person, arising under a special law, the obligation to lodge

a security deposit equal to the sum of all eligible claims under the Special

the rules, which required the person or legal entity formed under the

a special Act yet associated with an entitled person nevypořádala.



(2) at the request of an authorized person, that has not been issued without legal reason

interest in the time limit, may save the local authority of a

extended powers to the cooperative or legal person arising under

a special law the obligation to lodge a security deposit, equal to the amount of securities

the proportion of eligible persons nevypořádaného in due time.



(3) the deposit referred to in paragraph 1 or 2 shall lodge a mandatory person, cooperative and

a legal entity formed by a special Act on behalf of the State

the land of the authority within 30 days from the date of the decision of the local authority

municipalities with extended powers, and it's in the money.



(4) the State Land Office returns the required person or team and legal

the person incurred by a special Act of bail pursuant to paragraph 1 or 2

or its appropriate section within 30 days of the date when it becomes aware of the fact that

justified claims were settled under the specific legislation or that

interest was issued.



section 3a



For the municipal authority municipality with extended competence according to

This law are by the performance.



§ 4



(1) in proceedings for the imposition of fines or the obligation to deposit the proceeds

According to the General rules of administrative procedure.



(2) an appeal against a decision imposing a fine or the obligation to lodge a

the bail does not have suspensory effect. ^ 5)



(3) the proceeds of the fines is the income of the municipality.



§ 5



cancelled



§ 6



Act No. 229/1991 regulating ownership of land and other

agricultural property as amended by Act No. 93/1992 Coll., amended and

supplemented as follows:



1. In section 13(2). 1 the first sentence reads: "the right to the issue of real estate pursuant to §

6 the person entitled to apply until 31 December 2006. January 1993. "



2. In § 13 para. 1, the first sentence is inserted after the next sentence, which reads:

"The compensations for the dead and livestock under section 20 the person entitled

apply until 31 December 2006. March 1993. "



§ 7



This Act shall take effect on the date of publication.



Uhde v.r.



Klaus v.r.



1) section 5 of the Act No. 229/1991 regulating ownership of land and

other agricultural property as amended by later regulations. § 4 of the law

No. 243/1992 to regulate certain issues relating to

the Act No. 229/1991 regulating ownership of land and other

agricultural property as amended by Act No. 93/1992 Coll., as amended by

amended.



2) Act No. 42/1992 Coll., on the adjustment of property relations and the settlement of

property claims in cooperatives, as amended.



3) Act No. 229/1991 Coll.



4) Act No. 42/1992 Sb.



5) § 55 para. 1 of Act No. 71/1967 Coll., on administrative proceedings (administrative code).