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withdrawn in the period from 25.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).
