Concerning Specific Types Of Aid, Culture And On Amendments To Certain Laws

Original Language Title: o některých druzích podpory kultury a o změně některých zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=62581&nr=203~2F2006~20Sb.&ft=txt

203/2006 Sb.



LAW



of 12 October. April 2006



concerning specific types of aid, culture and amending some related

the laws of the



Change: 227/2009 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



SOME TYPES OF AID CULTURE



§ 1



The subject of the edit



This Act regulates some types of aid provided by the State, whose

on behalf of this Ministry of culture (hereinafter referred to as "the Ministry"), in the area of

culture, rights and obligations of providers and recipients of this aid,

as well as some other relationships related to the provision.



§ 2



Public cultural service



Public cultural services are services consisting in making available

artistic creation and cultural heritage to the public and in the acquisition,

the processing, protection, preservation and disclosure of information that is used

to satisfy cultural, cultural and educational or cultural

educational needs of the public.



The State contributory organization in the field of culture



§ 3



(1) the Ministry of culture for support needs, and to ensure the

provision of public cultural services, set up a contributory

the organization. Under similar conditions, the Ministry may decide whether or not to

split, merge, or merging the existing State

organizations, or their cancellation. The Ministry of

Decides also about the changes in the data referred to in the founding Charter.



(2) the Incorporation deed must include in particular



the founder) the State contributory organization



(b)) the name, registered office and number of the person (hereinafter referred to as "identification

the number of ") a State contributory organisation; the name must exclude the possibility

confusion with the names of other government organizations,



(c)) the day, month and year the State contributory organization



(d)) to determine the period for which the State allowance organisation is established,

where applicable, that is established for an unlimited period,



e) definition of the purpose for which the State allowance organisation is established,

and the corresponding subject of main activities



f) definition of the asset that confers on the Ministry of State contributory

the Organization during its establishment,



g) indication of the statutory authority and definition of the basic organizational

the structure of the State contributory organization



h) release date of incorporation of the Charter;



If there are changes in the above information, the Ministry will issue an addendum to the

founding Charter.



(3) to the formation of the State contributory organization, for its distribution, or to

merger or consolidation of State contributory organizations occurs on the date of

laid down in the founding Charter or its appendix.



(4) if the cancelled State allowance organisation, Ministry of

and its founding Charter. State contribution Organization ceases to exist

on the date of its incorporation Charter was cancelled.



§ 4



(1) in the case of a split, merge, merger or abolition of the State

subsidized organizations at the same time, the Ministry will decide to what extent and

they established or controlled the State allowance organisation takes over

obligations of the zrušované or distributed or merged State contributory

the organization or the State contributory organization that merges with another,

including the rights and obligations of employment relations, the holder of

was, or decides that those obligations or the rights and obligations

will take over the Ministry. The Ministry shall decide, which it set up

or controlled by the State contributory organization will manage

the property, with which it was appropriate to manage divided or merged

State contribution organization or State-funded organization that

merges with another, or zrušovaná State allowance organisation; where appropriate, the

Decides that the jurisdiction of the management of these assets is transferred to the

by the Ministry.



(2) the creation, Division, merger, amalgamation or the cancellation of the State

contributory organization announces the Ministry within 30 days from the date on which the

those facts occurred, in the official journal of the Czech Republic.

The notification shall contain the designation of the founder of the State contributory organization

her name, address, identification number and the day, month and year of creation,

split, merge, merging, or extinction.



Property insurance for rented State contributory organization

exhibition activity



§ 5



(1) a State contributory organisation whose principal activity is the

exhibitions (hereinafter referred to as the "borrower") can insure the artwork and

other cultural goods "^ 1") (hereinafter referred to as "borrowed the subject"), which are not

owned by the United States or are in the possession of the United

Republic, but operate with them other government-funded organization, or

the branch of the State, if it is necessary for the realization of the Permanent

exposure or exhibition (hereinafter referred to as the "exhibition") organized by the

vypůjčitelem. In the case where an exhibition organized by the State on behalf of which it is

the branch of the State can underwrite borrowed under this item

Act on behalf of the State of the State.



(2) the Borrower may insure borrowed subject only after prior

written agreement with the owner of the borrowed object (hereinafter referred to as the "lender"),

in which it is agreed value, which should be the subject of the insured, the borrowed

the time from the receipt of the borrowed item vypůjčitelem to a time when it is

borrowed vypůjčitelem to place the subject passed agreed with půjčitelem

(hereinafter referred to as "the period of the exhibition"), and security, transportation and other conditions of

protection of the borrowed object. Borrower shall insure the borrowed

subject to a greater extent than is apparent from the abovementioned Agreement. If

půjčitelem territorial self-governing unit, lender shall be deemed

an organization that manages the borrowed object.



(3) if the subject-matter insured is borrowed for the exhibition and půjčitelem,

can the borrower with půjčitelem agree that it replaces part

the premium that corresponds to the time of the exhibition. In the agreement on replacement parts

the insurance must also agree the borrower and lender how and where

the takeover of the borrowed item vypůjčitelem, way and place to which the

be borrowed the subject passed vypůjčitelem after the end of the exhibition, as well as

safety, transportation and other conditions of protection of the borrowed object.



(4) unless otherwise provided by this Act, the manner and conditions of insurance

special legislation ^ 2).



The replacement for the borrowed item



§ 6



(1) a Borrower may, půjčitelem agree that, instead of insurance

He replaces the borrowed item damage arising in connection with the

the exhibition organized on the subject of the rented to the extent and under the conditions

provided for under this Act. Borrower is entitled to such an agreement

closed only if it has an agreement with the State, in which the State undertakes to

the conditions laid down in this Act shall provide the amount

corresponding to the detriment of that on a borrowed item is created for

the exhibition of its damage, destruction, loss or theft, and even

cases where damage occurs as a result of facts occurring independently of

on the will of the records are lent, including strikes, terrorism, vandalism, natural disasters

disasters, unpredictable ecological or industrial accident events

(hereinafter referred to as "a substitute for borrowed item"). The agreement between the State and

vypůjčitelem to provide compensation for the borrowed object requires

the approval of the Ministry of finance. If the půjčitelem local government

a whole shall be regarded as lender-funded organization that borrowed

the subject is being administered.



(2) the agreement between the State and vypůjčitelem to provide compensation for the borrowed

the subject may be concluded only for borrowed item which is not in the

the ownership of the Czech Republic, whose value is agreed between the půjčitelem and

vypůjčitelem exceeds 100 000, and that is not in the range specified in the

paragraph 1 of the insured. The replacement for the borrowed object must not be granted

in cases where the damage was caused by armed conflict or

vypůjčitelem, or when there is a change of subject as a result of the borrowed

his aging.



§ 7



(1) the Borrower shall submit to the Ministry a request concerning the conclusion of the agreement on the

provide compensation for borrowed item no later than 10 months before the

opening of the exhibition, in which the subject has to be borrowed. The request of the

borrower shall submit on a form, a specimen of which is given in the annex to

This Act. The application shall be accompanied by the written consent of borrower with lender

damages arising out of the rental of the subject instead of insurance and

the highest amount that the lender as compensation for damage

require the borrower.



(2) if the request does not contain all the required information or it is not

accompanied by the required attachment, the Ministry will invite the records are lent to

Elimination of deficiencies and set a reasonable deadline for this.



(3) the Ministry shall consider the request and, if the records are lent her plans to meet,

the borrower shall submit within a period of 2 months from the date of its delivery

the Ministry of the draft agreement to provide compensation for the borrowed object.

If the Ministry does not intend to comply with the request, it shall inform the records are lent

at the same time. The Ministry may deal to provide compensation for the


borrowed subject with vypůjčitelem close, if the requests submitted by the

vypůjčitelem shows that the subjects will be borrowed for the exhibition

sufficiently protected against damage, destruction, loss or theft.



§ 8



(1) the agreement between the Ministry and to provide compensation for the vypůjčitelem

the borrowed object might contain arrangements regarding the půjčitelů and more

more borrowed items, must be in writing and must contain the

in particular, the



and) name, registered office and number of the Ministry,



b) name, address, identification number and bank details the records are lent,



(c) the designation of the founder) the records are lent,



(d) the name of the exhibition),



e) place and date of the exhibition,



f) range of compensation for borrowed item according to § 6 paragraph 1. 1 and time

the exhibition, to which the agreement applies,



(g)) the total amount of compensation for borrowed objects, to which the agreement

apply, including an indication of the number of borrowed objects



h) agreements on the obligation to inform the Ministry about the conclusion of the borrowed books

individual agreements between him and půjčitelem according to § 6 paragraph 1. 1.



(2) an integral part of the agreement for the provision of compensation for the borrowed item

is a list of borrowed items, which are listed with their

identifying information and the amounts required as compensation for the půjčitelé

damage for each borrowed objects, names, or name and surname

the individual půjčitelů and the registered office or place of residence or

residence.



(3) on the date of receipt of the borrowed item vypůjčitelem are the borrower and

lender required to draw up and sign a Protocol on its status. At the date of

transfer to the place of the borrowed the subject agreed on with the půjčitelem are

required to write and sign a log to record about his condition.



§ 9



(1) a Lender who agreed with vypůjčitelem that the borrower instead of him

the borrowed item insurance will replace the damage caused to the rented

the subject (§ 6 (1)), you must notify the borrower damages on

the rental of the subject area covered by the agreement on the provision of compensation for

borrowed item, in writing without undue delay after the emergence of the

damage learned but not later than 30 days from the date of expiry of the

the exhibition, otherwise the right to compensation under this act ceases to exist.

For notification of damage borrower shall promptly inform the Ministry.



(2) the amount of compensation for the borrowed item is determined as follows:



and) if lost, stolen or destroyed and the borrowed item

This fact was recognized by the Ministry, vypůjčitelem and corresponds to the

a replacement for the amount provided for in item borrowed in the agreement on

provide compensation for the borrowed object;



(b)) if there is damage to the rented item, corresponds to compensation for

the borrowed item



1. the price of the restoration of the borrowed item, whose scope and cost

agreed between the borrower, the lender and the Ministry, and



2. the difference between the value of the borrowed item referred to in the agreement on

provide compensation for the borrowed object and the value you borrowed

the subject has as a result of damage and restoration, if the borrower,

lender and the Ministry shall agree, in order to reduce the value.



(3) the Ministry is against the person of any damage to the rented item

caused its damage, destruction, loss or theft of, the right to

to pay the amount corresponding to the amount you provided as compensation for

borrowed the subject matter; This does not prejudice the right of the victim to the lender as

compensation in excess the amount that his compensation under

paragraph 2, the borrower paid.



A post on creative or study purposes



§ 10



(1) the Ministry may provide a natural person who is not a student

high school or Conservatory or a student of higher professional or

high schools (hereinafter referred to as "the applicant"), a contribution from the State budget on ^ 3)

creative or study purposes (hereinafter referred to as "Scholarship").



(2) Creative purposes referred to in paragraph 1 include the creativity or creative

stay in length from 6 months to 2 years, with the possibility of renewal for a maximum of 1

year, the effect of which is to create a work of art. Study purposes

referred to in paragraph 1 shall include the study of at least 1 month in the

significant artistic, scientific, or other specialized

workplace, which results in gaining experience and supporting documents for further

artistic, scientific or other technical activities, where appropriate, the production of

or create works of art.



(3) the applicant may be the same Scholarship to provide not more than twice. On

the provision of scholarships is not a legal right.



(4) a scholarship to study purposes may only be granted to the applicant, that in the

the year of the granting of the scholarship shall not exceed the age of 35 years.



§ 11



(1) the Scholarships can be provided from the State budget

only on the basis of the programme carried out under a special legal

the rules relating to the budgetary rules ^ 4).



(2) the Ministry shall publish at least once a year for the following

the financial year through the press and in a manner allowing remote

access the selection procedure for the granting of scholarships, including its rules

and the time limits for applying for a scholarship and for the announcement of the results

the selection procedure.



§ 12



(1) a scholarship may be awarded on the basis of written application from the

the Ministry, which contains



and) name, surname and place of domicile or residence of the applicant,



(b) the name of the project) and its contents, including the preamble and

the expected result,



(c)) # schedule and project implementation,



(d)) the project budget,



(e)) the required amount of scholarships.



(2) the request under paragraph 1 the applicant shall provide



and the applicant's statements that it) does not have the date of submission of the application the arrears after

the due date in relation to the State budget, the National Fund,

the budget of the local government unit or to a health insurance company,



(b) a declaration by the applicant that) in the case of the provision of scholarships to attend

There is no obstacle to the project,



(c) an overview of art) or professional activity,



d) in the case of applications for the granting of scholarships for study purposes and offer

the conditions of the workplace for which the period of study.



(3) if the period of study vyhlašovaný by the Ministry, the request

does not contain the particulars referred to in paragraph 1 (b). c) to (e)) and the attachment as

paragraph 2 (a). (d)).



(4) if the request does not contain any of the requirements referred to in paragraph 1

or any of the annexes referred to in paragraph 2, it shall invite the applicant to the Ministry

remedy the deficiencies within a reasonable time.



(5) if the application does not contain any of the requirements referred to in paragraph 1,

one of the annexes referred to in paragraph 2, or if the applicant

deficiencies within the time limit referred to in paragraph 4, the Ministry of it and refuses to

the applicant shall inform.



(6) following the submission of the application the applicant is obliged to inform the

Ministry of any change in the particulars contained in the application, which may

affect its assessment, within 5 calendar days from the day on which the

of such a change. If the Ministry finds that the applicant has the

the obligation violated, shall invite him to remedy the deficiencies within a reasonable time,

and if it does not remove the deficiencies within that period, the Department rejects the request

and inform the applicant.



section 13 of the



(1) the application for a scholarship is assessed by an advisory body appointed by the

the Ministry, which always evaluates the quality of the project and its social

the need for, the benefit for the given scope and results of the activities

the applicant, or any other criteria established by the Ministry in

invitations to tender in accordance with § 11 para. 2. the advisory body shall submit

the Ministry of the resulting order proposal applicants recommended to provide

scholarships.



(2) the composition of advisory bodies and their mode of action it modifies the rules

orders issued by the Ministry.



§ 14



(1) a scholarship is granted on the basis of the Treaty on the provision of scholarships

concluded between the Ministry and the applicant, which must be in writing

and must include, in particular,



and) name, registered office and number of the Ministry,



(b)) name, surname and place of domicile or residence of the applicant,



(c) the name and description of the project),



(d)) the purpose for which the scholarship is provided, including the project objectives,

the expected outcome and the way it



e) total cost of implementation of the budget of the project,



(f)) schedule and place of realization of the project,



(g) the amount of the provided resources) for their maturity,



(h) the form of the provision of funds)



I) bank account details of the applicant,



(j) the applicant's process and) the obligation to submit to the Ministry a report on the

implementation of the project and its results, including the extent and term of

the submission,



the method of billing, scholarships)



l) way of checking on the part of ministries, including control of the use of

provided by the funds,



the way the publication m) on the project and its results,



n) way of resolving disputes,



about) the sanctions for breach of contract,



p) date of acquisition and termination and the effectiveness of the Treaty,



q) the signatures of the parties.



(2) unless otherwise provided by this Act, the contract

scholarships to the provisions of the civil code.



§ 15



Terms of use scholarships, its billing, control and application of the

the penalties shall be governed by the General provisions for the management of the resources of the State

budget ^ 5).



PART TWO




Amendment of the Act on income taxes



section 16 of the



Act No. 586/1992 Coll., on income taxes, as amended by Act No. 35/1993

Coll., Act No. 96/1993 Coll., Act No. 156/1993 Coll., Act No. 196/1993

Coll., Act No. 323/1993 Coll., Act No. 42/1994 Coll., Act No. 85/1994

Coll., Act No. 114/1994 Coll., Act No. 266/1994 Coll., Act No. 32/1995

Coll., Act No. 87/1995 Coll., Act No. 118/1995 Coll., Act No. 149/1995

Coll., Act No. 247/1995 Coll., Act No. 314/1996 Coll., Act No. 18/1997

Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 209/1997

Coll., Act No. 227/1997 Coll., Act No. 111/1998 Coll., Act No. 148/1998

Coll., Act No. 167/1998 Coll., Act No. 333/1998 Coll., Act No. 63/1999

Coll., Act No. 129/1999 Coll., Act No. 144/1999 Coll., Act No. 169/1999

Coll., Act No. 222/1999 Coll., the Constitutional Court declared under no.

3/2000 Coll., Act No. 17/2000 Coll., Act No. 27/2000 Coll., Act No.

72/2000 Coll., Act No. 100/2000 Coll., Act No. 101/2000 Coll., Act No.

121/2000 Coll., Act No. 132/2000 Coll., Act No. 242/2000 Coll., Act No.

340/2000 Coll., Act No. 492/2000 Coll., Act No. 115/2001 Coll., Act No.

120/2001 Coll., Act No. 239/2001 Coll., Act No. 452/2001 Coll., Act No.

483/2001 Coll., Act No. 50/2002 Coll., Act No. 128/2002 Coll., Act No.

198/2002 Coll., Act No. 210/2002 Coll., Act No. 260/2002 Coll., Act No.

309/2002 Coll., Act No. 575/2002 Coll., Act No. 161/2003 Coll., Act No.

362/2003 Coll., Act No. 441/2003 Coll., Act No. 19/2004 Coll., Act No.

47/2004 Coll., Act No. 49/2004 Coll., Act No. 256/2004 Coll., Act No.

280/2004 Coll., Act No. 359/2004 Coll., Act No. 360/2004 Coll., Act No.

436/2004 Coll., Act No. 561/2004 Coll., Act No. 628/2004 Coll., Act No.

669/2004 Coll., Act No. 676/2004 Coll., Act No. 179/2005 Coll., Act No.

217/2005 Coll., Act No. 340/2005 Coll., Act No. 361/2005 Coll., Act No.

441/2005 Coll., Act No. 530/2005 Coll., Act No. 545/2005 Coll., Act No.

552/2005 Coll., Act No. 56/2006 Coll. and Act No. 57/2006, is amended

as follows:



1. In section 4, paragraph 4. 1 (b). (f)) the first sentence, the word "and" is replaced by a comma and the

the end of the text of the sentence, the words ", and awards in the field of culture

under special legislation ^ 12a) ".



Footnote No. 12a is inserted:



"12a), for example, Government Regulation No. 5/2003 Coll. on the awards in the field of

culture, awarded by the Ministry of culture, as amended by Decree-Law No.

98/2006 Coll., Act No. 131/2002 Coll., on research and development support from the

public funds and amending certain related laws (the law on the

research and development support), as amended. ".



2. In section 4, paragraph 4. 1 at the end of the text of the letter) words "zg and gifts

provided to individuals for the provision of public cultural

services ".



3. In section 19 is at the end of paragraph 1, the period is replaced by a comma and the following

Letter AA) is added:



"zp) award in the area of culture under special laws

regulations ^ 12a). ".



PART THREE



Amendment of the Act on the protection of the collections of the Museum of the nature and amending certain

other laws



§ 17



In Act No. 122/2000 Coll., on the protection of the collections of the Museum of the nature and amending

certain other laws, as amended by Act No. 186/2004 Coll. and Act No.

483/2004 Coll., section 15a is deleted.



PART FOUR



Amendment of the Act on State protection



section 18



Law No. 20/1987 Coll. on State heritage preservation, as amended by Act No.

242/1992 Coll., Act No. 363/1999 Coll., Act No. 121/2000 Coll., Act No.

132/2000 Coll., Act No. 143/2001 Coll., Act No. 320/2002 Coll., Act No.

18/2004 Coll., Act No. 186/2004 Coll., Act No. 1/2005 Coll., Act No.

3/2005 Coll., Constitutional Court declared under no 240/2005 Coll. and

Act No. 186/2006, is amended as follows:



1. In article 1 (1). 1 the second sentence after the word "conservation" is inserted after the word ",

making available ".



2. In article 1 (1). 2 the first sentence after the word "protection" is inserted after the word ",

making available ".



3. in section 26 para. 2 (f)) repealed.



Subparagraph (g)) to) shall become letters (f)) to (j)).



4. in section 26 para. 2 (a). g), the words "and for the valuation of their work,

in the case of extraordinary work results, awarded the prize for the conservation

care "shall be deleted.



PART FIVE



The EFFECTIVENESS of the



§ 19



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



Fort Worth Star Telegram in r.



Klaus r.



Paroubek in r.



XIII.



Application for the conclusion of the agreement for the provision of compensation for the borrowed item

pursuant to § 7 para. 1 of law no 204/2006 Sb.



1) for example, law No. 20/1987 Coll. on State heritage preservation, as amended by

amended, law No 121/2000 Coll., on the protection of Museum Collections

nature and amending certain other acts, as amended

legislation, Act No. 71/1994 Coll., on the sale and export of objects of cultural

values, as amended, law No. 101/2001 Coll., on the

the return of illicitly exported cultural goods, as amended by Act No.

180/2003 Coll., Act No. 218/2002 Coll., on the export of certain cultural

goods from the customs territory of the European communities.



2) Act No. 37/2004 Coll., on insurance contracts and amending related

laws (law on insurance contracts), as amended.



3) § 7 para. 1 (b). r) Act No. 218/2000 Coll., on the budget

rules and amending certain related laws (budget

the rules), as amended.



4) § 12 and 13 of Act No. 218/2000 Sb.



5) Act No. 218/2000 Coll., as amended.



Act No. 320/2001 Coll., on financial control in the public sector and amending

Some laws (law on financial control), as amended

regulations.