313/2002 Coll.
LAW
Dated 13 June 2002
Amending Act no. 128/2000 Coll., On Municipalities (Municipal Establishment), as amended
Parliament has passed this Act of the Czech Republic:
Article I
Act no. 128/2000 Coll., On Municipalities (Municipal Establishment), as amended by Act no.
No. 273/2001 Coll., Act no. 320/2001 Coll. and Act no. 450/2001 Coll., is amended as follows
:
First In § 2 para. 2 the words "expressed in laws and other legal regulations
" are deleted.
Second In § 3 para. 2, second sentence, the words "Splits If the city on two or more municipalities
" is replaced by "separating it part of the city and creating 2 or more
municipalities."
Third In § 4 para. 1 the words "city with special status (hereinafter
" statutory city ")" is replaced by "statutory city"; the word "and" is
replaced by a comma at the end of the period is replaced by a comma and the words
"Teplice, Karvina and Mlada Boleslav.".
Fourth In § 4 para. 2 second sentence deleted.
Fifth § 5 reads:
"
§ 5 (1) A municipality is independently administered by the municipal council, other bodies
municipalities are the municipal council, mayor, municipal office and special municipal bodies.
City is independently managed by the city council ; other authorities
cities are city council, mayor, city office and special city authorities.
(2) Statutory city is governed independently by the city council;
other statutory bodies cities are city council, mayor,
special municipality and city authorities. the district of a territorially divided statutory
center is managed by the district assembly;
other authorities are city district council district, mayor, municipal office
circuit and special district authorities. city part
territorially divided statutory city is administered by the city council
parts; other authorities are city district council district mayor
office district, and special district authorities.
(3) authority of municipalities, statutory city, city district or city district
is also a commission if she was entrusted with the exercise of delegated
scope (§ 122 paragraph. 2). ".
6th § 6, including footnote no. 1) is hereby repealed.
7th § 7 reads:
"
§ 7 (1) The municipality administers its affairs independently (hereinafter" independent competence
"). State bodies and regional authorities may
a separate application to intervene only when required protection of the law, and only
manner prescribed by law. the scope of independent competence may be limited by law
.
(2) State administration, whose performance was entrusted to the municipal authority, carries || | the authority as its delegated powers (§ 61 et seq.). ".
8th § 8 reads:
"§ 8
If a special law regulates the competence of municipalities and unless it is a
delegated powers of the municipality, the focus is always on separate
scope.".
9th § 9 including footnote no. 2) is deleted.
10th In § 10 letter a) shall be deleted.
Existing letters b), c) and d) is renumbered a), b) and c).
11th In § 10 point. a) the words "public places" are replaced
words "public places".
12th In § 10, at the end of subparagraph c) is replaced by a comma and
letter d), which reads:
"D) if a special law.".
13th § 11, including footnote no. 3) reads:
"
§ 11 (1) A municipality may issue delegated powers under the law and within its limits
regulation of the municipality, if authorized to do so by law.
(2 ) the municipality of performing extended powers ^ 3) (§ 66)
could under the conditions set out in paragraph 1 shall issue regulations for the administrative district of the village
determined by special legislation.
3a) Act no. 314/2002 Coll., on determining municipalities with authorized municipal office
and municipalities with extended powers. ".
14th In § 12 para. 1 first sentence, the word "announced" the words
"which is a condition for the validity of the legislation of the village" and the second sentence, the words
"which is a condition of its validity" are deleted.
15th In § 12 paragraph 2 reads:
"(2) Unless otherwise determined by the effectiveness of the later, become law
village effect on the fifteenth day following its publication. If required urgent
general interest may exceptionally fix earlier effective date, but no earlier than the day
declaration.".
16th In § 12 after paragraph 2 the following paragraphs 3 and 4 are added:
"(3) Regulation village performing a wide scope to be published also on the notice board
municipal authorities involved in the administrative district of municipalities with extended powers
.
(4) The municipality maintains records laws, issued. Evidence
legislation contains a number and the name of the legislation, the date of his
approval, the date of its entry into force, the date of its entry into force,
or the date of its expiry. legislation village
They indicate the serial numbers. Sequence closes always
end of each calendar year. ".
Existing paragraph 3 shall be renumbered paragraph 5.
17th In § 12 paragraph 5 reads:
"(5) The laws of municipalities and their evidence should be accessible to everyone
at the municipal office in the municipality that issued it. Regulations issued by municipalities
performing extended powers must also be accessible to everyone at the municipal offices
working in the administrative district. the legislation sends
village municipal office immediately after its publication
appropriate regional office and to the Ministry of Interior, if it asks
this ministry. ".
18th § 13, including footnote no. 4) reads:
"
§ 13 (1) State bodies and regional authorities are obliged, if possible,
discuss in advance with the municipality proposals for measures affecting the scope
village.
| || (2) State bodies and regions provide the community free of charge upon request
data and information for the exercise of its jurisdiction. This obligation applies to municipalities
to the state authorities and regional bodies. Privacy and classified according to the facts
special regulations; 4) remains unaffected.
(3) Municipalities, in exercising its jurisdiction entitled to free use of cadastre data
.
4) For example Act no. 148/1998 ., on the protection of classified information and
amendments to certain laws, as amended, Act no.
101/2000 Coll., on protection of personal data and amending certain laws,
amended, and law no. 89/1995 Coll., on the State statistical service
, as amended. ".
19th In § 14 paragraph 2 reads:
"(2) The municipality issuing the certificate necessary for the application of the law abroad
even if the law does not impose such an obligation, but
required data are known to it.".
20th § 15, including footnote no. 5) is deleted.
21st In § 16 par. 2 letter c) reads:
"C) speak at a meeting of the municipal council in accordance with the Rules of Procedure
their views on the matters discussed,".
22nd In § 16 par. 2 point. f) at the end the words "if it is a
scope of municipal council within 90 days."
23rd In § 16 par. 2 point. g) in the part after the semicolon
word "submission" is deleted; the word "community" with the word "is";
word for "longest" is inserted after the word "but" at the end the words "in the case
scope of the municipal council within 90 days."
24th In § 19 paragraph 2 reads:
"(2) The municipality will bear the name after the merger, on which the merging municipalities agree.
If the municipalities agree on a name, decided by the Ministry of Interior
.".
25th In § 19 para. 2, the third sentence is replaced by the following sentence: "The other name
merged municipality gives permission of the Interior Ministry.".
26th In § 19 par. 3, the word "adjacent" is replaced by a comma and full stop
words "and after consultation with the district office" shall be deleted.
27th In § 19 at the end of paragraph 4 following sentences are added: "The municipalities
notify the regional office decisions of their councils on the basis
should be an agreement on the merger of municipalities or the connection of the village.
If Held local referendum on the merger of municipalities or municipalities connection,
notify the municipalities concerned and the decision adopted in a local referendum. ".
28th In § 19 para. 5 point. c) the words "in the village or parts thereof"
replaced by "the whole community".
29th In § 19, paragraph 6 reads:
"(6) The legal successor of the merged or connected urban village is formed by merging them or
community, which, when connected extinguished village. This village
becomes the recipient of tax revenue under a special law that would otherwise
by special legislation fell extinct village. In this village
passes also assets, including funds extinct municipalities
other rights and obligations of these communities, including their right
founder and founder of legal persons and organizational units these communities, and
To the date on which the merged municipality or village joins.
Newly formed village or municipality that ceased to exist when you connect, send a copy of the agreement
Ministry of Interior, Ministry of Finance, responsible
land registry office and the tax office. ".
30th after § 20 the following new § 20a is inserted:
"§ 20a
The new municipality may arise department of the municipality, or changing or canceling
military újezdu.9). "
31st in § 21 para. 1, the first sentence is replaced by the following sentence:" Part of the village,
which wants to separate, must have a separate cadastral adjacent
least two municipalities or one municipality and a foreign state and forming
coherent territorial entity; after separation must have at least 1,000 citizens. ".
32nd in § 22 paragraph. 1, first sentence, the words" regional authority "the words
" under delegated powers. "
|| | 33rd in § 22 paragraph. 1, second sentence, the words "citizens of the municipality" shall be replaced
"adopted at the local referendu8)."
34th in § 22 paragraph. 2, letter b) shall be deleted.
existing letters c), d) and e) shall become letters b), c) and d).
35th in § 22 paragraph. 2 at the end is replaced by a comma and
letter e), added:
"e) the distribution of tax revenue in proportion to the population of the original and newly
incurred by the municipality until the specified percentage, laying on revenues
taxes involved in the newly formed municipality. ".
36th in § 22 paragraph. 4, after the words" Ministry of Interior "
words" Ministry of Finance ".
37th in § 22 Subsections 5 and 6 are added:
"(5) management of the department of the municipality terminated by a final decision
You can not restore a final decision on the separation of the village can not be
review in administrative proceedings.
(6) Following the publication of the results of a local referendum municipality ask the Ministry of the Interior for approval
called emerging community. ".
38th in § 24 second sentence reads:" The separation of the village can only be
the beginning of the calendar year following the date of elections to local councils in municipalities
.. "
39th § 26 reads:
" § 26
Changes border villages, where there are no amalgamation of municipalities, connecting the village
department or municipality shall be effected by agreement of the participating municipalities
after consultation with the relevant Land Registry. Concluding agreements
notify the municipality and the Ministry of Finance tax office. ".
40th In Part one, Title I, Title 4 of part reads:" The names of municipalities, their parts,
streets and public spaces, numbering of buildings , emblem and flag municipalities. "
41st in § 31 paragraph 5 reads:
" (5) The municipal authority decides on how descriptive, landmark or
registration number will be building reported. Each
descriptive or registration number of the building must be within the area unique. On deciding
labeling building numbers, the administrative procedure. ".
42nd in § 32 par. 1, first sentence, the word" communities "is replaced by" municipal authority
. "
43rd in § 32 par. 1, second sentence, the word "community" is replaced by "municipal
office."
44th after § 34 the following § 34a is added: || |
"§ 34a
(1) Municipalities may emblem and flag of the municipality.
(2) The Chairman of the Chamber of Deputies of the village, which has no sign or banner
village, at its request, sign or banner municipalities grant. Chairman of the Chamber of Deputies
may request the municipality to change the sign or banner village.
(3) The municipalities and their established or founded by organizational units and legal
persons may use the emblem and flag of the municipality. Other operators may use the emblem
village only with her consent. The use of a battalion of the village is not required
her consent.
(4) If an urban district or city part of its emblem and flag, pays for their use
paragraph 3. ".
45th in § 35 Paragraph 1 reads:
| || "(1) the municipal jurisdiction includes matters that are of interest
municipality and its citizens as are entrusted to the regions or
unless the delegated powers of municipal bodies or the scope of which is
special powers entrusted to administrative authorities as state administration,
and matters under municipal jurisdiction entrusts the law. ".
46th after § 35 the following § 35a, which, including footnotes .
13a) reads:
"§ 35a
(1) A municipality may, for the performance of independent competence to establish and
establish legal persons and organizational units of the municipality, unless the law provides otherwise.
(2) Municipalities may establish municipal police. The establishment and operation of municipal police
governed by a special law. 13a ^)
13a) Act no. 553/1991 Coll., On Municipal Police, as amended
regulations. ".
47th In § 36, at the end of paragraph 1 the word" municipality ".
48th in § 36 paragraph 2 reads:
"(2) A municipality may award prizes to the village.".
49th in § 38 paragraph 3 reads: || |
"(3) a municipality shall not be liable for obligations of natural and legal persons except
A) the obligations arising from the loan contract if
funds intended for investment undertaken with financial support from the state
budget, state funds and the National Fund
B) obligations arising from the loan contract if
funds intended for investment in municipal owned real estate
C) those whose founder is the municipality, county or state
D) those in which the participation rate themselves or together with another municipality or
community, region or county or state exceeds 50%
E) housing cooperatives. ".
50th in § 39 paragraph 1, including footnote no. 15a) reads:
" (1) The intention of the municipality to sell, exchange or donate Real Estate,
rent it or give it as a loan for the municipality publish
least 15 days before a decision at the appropriate municipal authority
posting on the official board of the municipal authority to make him interested parties could submit comments and
their offerings. Intent municipality may also publish manner at the point
usual. If a municipality's intention to publish, the legal act from the beginning
invalid. Real Estate, the project marks the data by a special Act
^ 15a) on the day of publication of the intention.
15a) § 5 of the Act no. 344/1992 Coll., On the Land Registry of the Czech Republic
(Cadastral Act), as amended. ".
51st In § 39 at the end paragraph 3, the following words: "or if it is a
renting or borrowing a legal person incorporated municipalities."
52nd § 40 is deleted.
53rd in § 41 of the current text becomes paragraph 1 and the following
paragraph 2, which reads:
"(2) the legal acts which require the approval of the municipal council or village council
are without the approval null and void .. "
54th § 42 reads:
" § 42
(1) The village, which has at least 5,000 inhabitants, can be reviewed by an auditor
farming village for the past calendar year.
(2) A municipality that has less than 5,000 inhabitants, can examine
farming village for the past calendar year, the regional office or auditor.
Management municipality examines regional authority delegated powers.
(3) A municipality that gave examine the management of the municipality auditor, notify
report this fact to the tax office.
(4) is decisive for determining the number of residents in the village, for the purpose of reviewing
farming village, the population of the municipality on January 1 of the year after
who performed the examination of the village.
(5) The territorially divided statutory cities reviewed by management
arrondissement, or district magistrate of this town. Magistrate
reviewing management arrondissement, or district
delegated powers.
(6) The cost of the examination of the auditor of the municipality reimburse the municipality of
its appropriations. ".
55th in § 45 Paragraph 1 reads:
" (1) Where community requests a review of its operations in accordance with § 42
31 January, the financial authority had fined up to CZK 100 000
in administrative proceedings and shall make the examination farming village
auditor at the expense of mandatory community. " .
56th in § 45 paragraph 2 and 3 added:
"(2) When deciding on the amount of the fine takes into account the tax office to the nature, severity and consequences
negotiations referred to in paragraph 1 Additional income and expenditure
municipal budget.
(3) Proceedings on the imposition of fines pursuant to paragraph 1 may be initiated within 2
years from the date on which the village was obliged to ask for a review of its operations
.. "
Former paragraph 3 renumbered fourth
57th in § 46 para. 1, the word "their" is deleted.
58th in § 46 para. 2, after the word "making" the word " especially. "
59th In § 47 at the end of paragraph 2 the following words:" unless otherwise
this Act (§ 51 par. 3). "
60 . In § 49 para. 1, the word "their" is replaced by "their".
61st in § 50 para. 1 point. c) the words "utilities" are replaced
words "technical networks equipment. "
62nd in § 51, paragraphs 4 and 5 shall be deleted.
63rd in § 52 of the opening sentence reads:" Citizens of municipalities associated in the association of municipalities,
Who have reached the age of 18 are entitled to. "
64th In § 52 at the end is replaced by a comma and a point c)
added:
" c) comment on the draft budget of the association of municipalities and the Final account
association of municipalities for the past calendar year, either in writing or orally at the meeting
authority association of municipalities. ".
65th in § 53 paragraph. 1, the words "appropriate district office or" are deleted.
66th heading of § 54 reads: "Cooperation with legal and natural persons".
67th In § 55 after paragraph 1 the following paragraph 2 is added:
"(2) municipalities may conclude with municipalities in other countries
agreement on mutual cooperation.".
paragraphs 2 to 5 shall be renumbered 3 to 6
68th in § 55 paragraph. 4, introductory part reads: "Agreement pursuant to paragraphs 2 and 3
must be in writing and must be approved in advance by the municipal council, otherwise they are invalid
. The contract must contain. "
69th in § 55 paragraph 5 reads:
" (5) A legal person may, on the basis of the cooperation agreement by
paragraphs 2 and 3 arise, but allows if this Parliament approved a
announced international treaty by which the Czech Republic is bound. ".
70th in § 55 paragraph 6 reads:
" (6) contract for cooperation by paragraphs 2 and 3, based on which
incur legal entity or a membership in an existing legal
person subject to the approval of the Ministry of Interior, after discussion with
Ministry of foreign Affairs. Without this consent agreement can not take effect
. Consent may be withheld only in conflict with the law or
Parliament and approved by an international agreement
which the Czech Republic is bound. ".
71st In Part one, Title II, Title Section 5 reads: "Administrative Offences".
72nd § 56 and 57 are deleted.
73rd § 58 reads:
"§ 58
(1) A municipality may impose a fine of up to CZK 10 000
legal entity and the natural person who is an entrepreneur and
A) refuses to tolerate gratuitous attaching a table indicating
street or other public space on their property or in the vicinity
table bearing placed another inscription
B) intentionally damaged, removed or covered with a table indicating
street or other public space, or
C) above does not building those set in the municipal office.
(2) A municipality may impose a fine of up to CZK 100 000
person referred to in paragraph 1 which does not maintain cleanliness and order on land that used
or custom, so that disrupt the appearance of the village.
(3) A municipality may impose a fine of up to CZK 200 000
person referred to in paragraph 1, which pollute the public space, disrupt
living in the village or postpone the matter outside the space below.
(4) A municipality may impose a fine of up to CZK 200 000
person referred to in paragraph 1, which violated statutory obligation of the municipality.
(5) In determining the fine under paragraphs 1-4 of the village takes into account
particular, the nature, severity, duration and consequences of unlawful conduct
.. "
74th § 59 reads:
"§ 59
(1) Proceedings on the imposition of a fine may be commenced within one year from the day when the body
village learned of the infringement, but not later than 2 years from the date
where the breach occurred.
(2) A fine under § 58 can not be saved if the law provides for breach
obligations specified in § 58 higher penalty.
(3) Imposing fines according to § 58 shall not relieve the person who was saved
fine, the obligation to remove objectionable condition within the period specified
municipalities with regard to the circumstances of the case.
(4) The running of the period referred to in paragraph 1 shall not include the period during which the
same act resulted in criminal or misdemeanor proceedings
by a special law. ".
75th § 61, including footnote no. 18a) reads:
"§ 61
(1) Delegated Powers in matters determined by special laws, is
A) in the basic scope of the municipalities exercised by the municipal authorities designated
this or any other Act or under this Act; In this case
the municipality administrative district,
B) to the extent authorized municipal office (§ 64) performed by the Office
C) the extent of the municipality with extended powers (§ 66)
exercised this authority.
(2) In the exercise of delegated powers is governed by the municipal authorities
A) when issuing regulations village laws and other legislation
B) in other cases also
First government resolutions and directives from central administrative authorities;
this resolution and those directives can not impose obligations on the municipal authorities if
are also provided for by law;
condition for the validity of directives of central government authorities of their publication in the Government Bulletin for
the regional and municipal authorities;
Second proposals for action or decision of the regional authority's decisions made by
special Act 18a) under the control of delegated
scope.
(3) methodological and expert assistance in matters referred to in paragraph 2
exercise the municipal authorities Regional Office.
18a) § 93 g point. h) and § 93H of the Act no. 129/2000 Coll., on regions (regional establishment
), as amended. ".
76th § 63 reads:
" § 63
(1) Municipalities whose bodies exercising delegated powers at the same
administrative district of municipalities with extended powers, may conclude
public contract, according to which the authorities will carry out one municipality
delegated powers or part of delegated powers for
authorities other municipalities (other municipalities) that is (are)
participant in a public contract. The subject of a public contract can not be transferred
scope, which is based on the law empowered the authorities just some
municipalities. The conclusion of a public contract requires the consent of the regional
office.
(2) The public contract must contain
A) identification of the participants contract
B) the duration of the contract,
C) determine the extent of delegated powers by the municipal authorities
will perform for the authorities of another municipality (other municipalities) and
D) how costs associated with the exercise of delegated powers by
letter c). ".
77th § 64, including footnote no. 18b) states:
" § 64
(1) As the designated local authority for the purpose of exercising delegated powers
referred to in laws and other regulations or acts
management and acts according to § 61 paragraph. 2 point. b) local authority, which, in addition
delegated powers pursuant to § 61 paragraph. 1 point. a) carries out the extent
entrusted to him by special laws delegated powers in the administrative district
designated by the implementing legislation.
(2), charged with municipal authority determined by a special law. ^ 18b)
18b) Annex no. 1 to the Act no. 314/2002 Coll.
78th § 65 reads:
"§ 65
(1) If the authority fails to fulfill the obligation municipality under § 7 para. 2, decides
regional office that will be for her delegated powers or part of the delegated competence to perform authorized
local authority in whose administrative district
belongs. Regional Office also decides on transfer
contribution to the execution of delegated powers. the decision issued by the regional authority delegated
competence, while his extradition is not followed by administrative order.
(2) the decision of the regional authority pursuant to paragraph 1 shall be published at least
for 15 days on the official board of the municipal authority, the authority did not perform
obligation under § 7 para. 2. '.
79th § 66, including footnote no. 18c) reads:
"§ 66
(1) As a municipality with extended powers for the purpose of exercising
delegated powers referred to in laws and other legislation, or acts
proceedings and proceedings under § 61 Sec. 2 point. b)
municipal office, which, in addition to the delegated powers under § 61 paragraph. 1 point.) and
next delegated powers under § 64, carries the extent he is responsible
special laws devolved competencies in the administrative district specified
implementing regulation.
(2) Municipalities with extended powers determined by a special law. ^ 18c)
18c) Annex no. 2 to the Act. No. 314 / 2002 Coll. ".
80th Under § 66 the following § 66a is added:
"§ 66a
(1) Municipalities with extended powers, the authorities execute
delegated powers in the administrative district of one regional office may
conclude a public contract, under which the municipal authority of one
municipalities with extended powers to exercise the delegated competence or part
delegated powers to the municipal office of another municipality (other municipalities)
with extended powers, which is a participant in a public contract.
the conclusion of a public contract requires the consent of the Ministry Interior
which it issued after consultation with the competent ministry or other
materially relevant central administrative authority.
(2) the public contract must contain
A) identification of the participants contract
B) the duration of the contract,
C) determine the extent of delegated powers, which the municipality with extended powers
carry on for another municipality with extended powers,
D) how costs associated with the exercise of delegated powers by
letter c). ".
81st Under § 66a is inserted § 66b, 66c, 66d and 66e, which including || | title of § 66c and footnotes. 18d) added:
"§ 66b
(1) fails to comply if the municipal authority with extended powers obligation under
§ 7, paragraph. 2, decides the Ministry of Interior, after consultation with the competent ministry
materially or otherwise materially relevant central administrative authority
that for him to be transferred responsibilities or part
delegated competence to perform another municipality with extended powers.
Decision of the Ministry of Interior issued within 60 days of having learned
of infringement under the first sentence. The Ministry of Interior also
decides to transfer the contribution to the exercise of delegated powers.
When issuing this decision is not followed by administrative order.
(2) The decision of the Ministry of the Interior pursuant to paragraph 1 shall be published on the official notice board
municipal office with extended powers, which did not perform
obligation under § 7 para. 2, and on the boards of municipal authorities in his
administrative district for at least 15 days.
Decision of the Ministry of the Interior pursuant to paragraph 1 shall be published in the Bulletin of the legislation
region.
(3) The Ministry of the Interior to the proposal, charged with municipal authority as
recommendations of the Regional Authority and after consultation with the relevant municipalities with extended powers
may decide to delegate certain extent
of state administration of the municipality with extended powers to the municipality with authorized municipal office
. The request submitted to the municipality no later than January 15 of the calendar year
. The decision of the Ministry of Interior can come into force only on 1 January
calendar year. Interior Ministry also decides on transfer
contributions to the exercise of delegated powers. When that decision
is not followed by administrative order.
(4) The Ministry of the Interior pursuant to paragraph 3 shall be published on the official board
authorized municipal authority and official boards
municipal authorities in the jurisdiction of at least 15 days. Furthermore, the decision to publish in the Journal
laws Region.
Common provisions for public contracts
(§ 63 and 66a)
§ 66c
(1) Public service contracts shall be in writing and shall be in accordance with
laws and other legislation.
(2) Public contract is concluded on the day when the decision of the competent
public authority to consent to its conclusion
comes into force.
(3) At the conclusion of public contracts with the relevant provisions of the Civil Code
except for the provision of invalidity and unenforceability of legal acts
provisions on withdrawal and
provisions on the change in the person of the debtor or creditor, unless the legal
succession, and the provisions of the netting.
§ 66d
(1) Public service contract can be changed only by written agreement of the municipalities that are parties
. The conclusion of such an agreement requires the consent
public administration body, which is responsible for granting approval for the conclusion
public contract; to § 66c paragraph. 2 shall apply mutatis mutandis.
(2) Public service contract which was concluded in violation of legal regulations
or come into conflict with the law, the authority canceled
Public Administration, which is competent to consent to its conclusion
; public contract in accordance with § 63 may also cancel
Ministry of Interior.
(3) Disputes of public contracts decided by public authority, which
competent to consent to its conclusion.
(4) against the decision issued pursuant to paragraphs 2 and 3 can not be appealed.
§ 66e
(1) The decision of the competent public authorities under § 66c paragraph. 2 and
§ 66d are issued in the administrative proceedings pursuant to the Administrative Procedure Code. If a
release their respective regional authority carries out this activity
delegated powers.
(2) The final decision referred to in paragraph 1
municipality may institute legal proceedings. ^ 18d)
(3) A municipality that is a party to a public contract, it
immediately after it was signed, published on the official notice board at least
15 days. At the same time entered into a public contract published in the Journal
laws Region. A similar procedure when changing
enclosed public contracts and at its dissolution.
(4) Closed public contract must be accessible to everyone
municipal authority of a municipality that is a party to it.
18d) Act no. 150/2002 Coll., The Administrative Procedure Code. ".
82nd in § 68 para. 1 first sentence, the words" council members "
inserted the word" village . "
83rd in § 68 para. 1, second sentence, the number '9' is replaced by '15'.
84th in § 68 para. 3," according to the statistical lexicon of municipalities "
deleted.
85th in § 68 paragraph 4 reads:
" (4) Unless the council otherwise elects a number of members of the council
according to the number of members of the municipal council ending the election period. ".
86th in § 69 par. 2, third sentence deleted.
87th in § 69 paragraph 3 reads:
" (3 ) A member of the municipal council oath before the municipal council
by saying the word "promise". A member of the municipal council confirms the composition
promise his signature. ".
88th § 70 reads:
" § 70
The member of the municipal council is a public function.
Member of the municipal council shall be for the performance of its functions reduced to a
rights arising from his employment or other similar relationship. ".
89th in § 71 para. 1 first sentence, the word" members "
words" municipal council ".
90th in § 71 para. 4 second sentence after the word" wages "the words"
including social security premiums and contributions to state | || employment policy and premiums for public health insurance. "
91st in § 73 paragraph 2, including footnotes Nos. 23a) and 23b) reads:
" (2) Monthly reward the released members of the municipal council in municipalities with
extended powers, municipalities with authorized municipal office, in municipalities with the registry office
^ 23a) and in the municipalities of the building authority-23b) is increased by an amount determined by the implementing
regulation.
23a) § 2 para. 1 point. a) Act no. 301/2000 Coll., on registers, names and surnames
and amending certain related acts.
23b) § 117 paragraph. 1 and 2 of Law no. 50/1976 Coll., On territorial planning and
Building Code (Building Act), as amended. ".
92nd In § 73 paragraph 3 reads:
"(3) If he does not feature a member of the municipal council of the work
leave, quarantine, pregnancy or caring for a child under 3 years of age, his monthly remuneration
It does not belong. Council member is obliged to immediately inform
mayor or deputy mayor of these reasons and
estimated time of their duration. ".
93rd in § 75 para. 1 the words" at the time of the "replaced" on the day. "
94th in § 75 para. 1 the words" three months of holding elections "are inserted
words" municipal council ".
95th in § 75 paragraph 2 reads:
"(2) If the former mayor performs in the inaugural session
municipal jurisdiction under § 107 par. 1, he is entitled to a monthly remuneration
the current level.".
96th In § 75 after paragraph 2 the following paragraph 3 is added:
"(3) a member of the municipal council, which exercises jurisdiction under § 107
paragraph. 2, includes a monthly fee in the same amount, which would
implementing regulation belonged to the mayor. ".
Existing paragraph 3 shall be renumbered 4.
97th in § 75 paragraph 4 reads:
"(4) vacated member of the municipal council and non-released
member of the municipal council, who served as mayor, for which it belongs
monthly allowance, and whose mandate expired before the date of the elections to | || municipal council may be the reward is there for 3
months after the termination of the mandate. ".
98th in § 75 the following paragraph 5 is added:
"(5) vacated member of the municipal council and non-released
member of the municipal council, who served as mayor, for which it belongs
monthly fee, and they were out of this feature removed or have renounced
may be the reward is for a period of three months from the date of waiver
functions or removal from office. ".
99th § 76 reads:
" § 76
Maturity and payment of remuneration of the members of the municipal council, as well as deductions from
bonuses are governed by the laws governing the emoluments
employees of municipalities and the Labour Code. For these purposes, the remuneration of members of the municipal council
assessed as the salary of employees working in the village
Ratio; The village is considered as an employer and councilors
village are treated as employees. ".
100th § 77 reads:
" § 77
(1) Remuneration is a relaxed member of the municipal council gives the date on which
was elected or appointed to the position for which the fee is due.
(2) The fee is non-released members of the municipal
granted from a date set by the municipal council.
(3) In the case of concurrence of several functions
A) belong to a loose member of the municipal council monthly remuneration according
function at which provides the highest reward
B) be non-released members of the municipal
provide monthly fee up to a maximum aggregate remuneration for each function.. "
One hundred and first § 79 reads:
" § 79 || |
(1) Loose member of the municipal council is entitled to leave under this Act
period of 5 weeks per year.
(2) If his term lasted throughout the calendar year
is entitled to a proportion of leave, which makes for every
commenced calendar month of his duties twelfth
leave year.
(3) The monthly fee under this Act includes a period of leave.
(4) Village provides a relaxed member of the municipal council also that part
leave you exhausted before releasing a public capacity.
Not exhausted when released member of the municipal council
leave before the expiry of the release of the performance of public functions, give it to him
releasing the employer.
(5) If a released member of the municipal council could not leave or part thereof
exhausted during the calendar year, converted his
this entitlement to the following calendar year. In this case
may be released member council also ask the municipality for pay monthly
pay for unused vacation. ".
102nd § 80, including footnote no. 27) is deleted.
103rd § 81 is repealed.
104th § 82 reads:
"§ 82
Member of the municipal council in the exercise of their functions right
A) submit to the municipal, community councils, committees and commissions to discuss proposals
,
B) raise questions, comments and suggestions on the advice of the village and its individual
members on committee chairmen, to the statutory bodies of legal entities
whose founder is the municipality and senior governmental organizations and organizational
ingredients that municipality established or set up;
written response must be received within 30 days,
C) to require municipal employees assigned to the municipal office, as well as
from employees of the municipality established or set up,
information on matters related to the performance of their duties;
information must be provided within 30 days. ".
105th in § 84 para. 1 sentence after the semicolon shall be deleted.
106th in § 84 par. 2 point . a) the words "territorial area" are deleted.
107th in § 84 par. 2 letter f), including footnote no. 29) reads:
'f) decide on the establishment or legal entities,
approve their deeds of association, articles of association and
statutes and decide about participation in established legal entities, ^ 29)
29) For example, § 110 and 163 of the Commercial Code, § 4 of the Act no. 248/1995
Coll., On generally beneficial companies and amending and supplementing certain acts
, § 3 of Law no. 227/1997 ., on foundations and endowment funds and
amending and supplementing some related laws (Act on foundations and endowment funds
). ".
108th in § 84 par. 2 letter l), m ) n) and o) shall be added:
"l) to determine the number of members of the municipal council
M) to elect from among the members of the municipal mayor, deputy mayor and other council members
village (councilors) and recall them from office,
N) identify the functions to be members of the municipal council
released,
O) establish and abolish committees to elect their chairmen and other members
recall them from office. "
Existing letters l) to t) are renumbered p) to y).
109th in § 84 para. 2 newly lettered s) ay) are deleted.
existing letters t) to x) are denoted as s) to v).
| || 110th in § 84 para. 2 at the end is replaced by a comma and letters
x), y), added:
'x) to establish the principles for providing travel allowances to members
municipal council
Y) to decide on monetary consideration provided to individuals,
Which are not members of the municipal council, for the performance of the committee's members. ".
111th in § 84 para. 4 the word" jurisdiction "is replaced by" jurisdiction ".
112th in § 84 par. 5, the word "submitted"
replaced by the word "submitted".
113th in § 85 letter b) reads:
"b) provision of material gifts worth over 20 000 CZK and financial gifts
in the amount of CZK 20 000 natural or legal person in one calendar
year. "
114th in § 85 letter c) reads:
| || "c) the provision of subsidies exceeding CZK 50,000 in individual cases
civic associations, humanitarian organizations and other natural or legal persons
active in the field of youth and sports, social
services, family support, fire protection, culture, education and science,
drug activities, crime prevention and protection
environment. "
115th In § 85 after the letter c) a new point d) added:
"d) an agreement on association and contribution of assets by
contract of association, of which the municipality is a party".
Existing letters d) to k) are designated as letters e) to l).
116th In § 85 point. e) the words "association of municipalities" shall be replaced
"legal persons".
117th In § 85 letter i) reads:
"I) the assignment of claims exceeding CZK 20 000".
118th In § 85 point. k) the words "and the establishment of an easement on these matters
" are deleted.
119th In § 85 Paragraphs 2-5 are deleted and whilst repealing the designation in paragraph 1
120th § 86 is repealed.
121st § 88 is repealed.
122nd In § 89 para. 1, first sentence, the word "him" is replaced by the word "is" and
link to footnote no. 30), including this footnote
deleted.
123rd In § 89 paragraph 2 reads:
"(2) If the municipal council or any municipal authority to proceed
accordance with the decision adopted in a local referendum held in
matters under municipal jurisdiction, invite the director of the regional office of the municipal council
to do 2 months rectify the situation. If he
municipal council fails to notify the regional office immediately
this fact, the Interior Ministry dissolved the municipal council.
against this decision of the municipality may bring an action in court. ".
124th In § 89 paragraph 3 reads:
"(3) Until the new elected municipal council or village administrator
determined in accordance with § 98, the municipal council performs its powers under §
102 para. 2 and 3. If the municipal council elected, the mayor performs
jurisdiction under § 107 paragraph. 1. If elected mayor, exercises that power
another member of the municipal council, which the municipal
delegates. ".
125th § 90 reads:
"§ 90
drops if the number of members of the municipal council by more than half, or less than 5
a municipal council can not be completed on the alternates,
notify the municipal office this fact immediately to the regional office .
In this case, the municipal council can not decide on matters
according to § 84 and 85. ".
126th In § 91 para. 2, "the head of the district office" shall be
words "director of the regional office."
127th In § 92 paragraph. 1, the first sentence reads: "The municipal
meets as needed, at least once every three months.".
128th In § 92 paragraph. 1, third sentence, the words "council meeting"
inserted after the word "municipality".
129th In § 92 paragraph. 1 sentence of the fourth, the words "head of the district office"
deleted.
130th In § 93 paragraph. 3, "the head of the relevant district office,
his appointed representative" shall be deleted.
131st The 95 par. 2, the number "7" is replaced by the number "10".
132nd In § 98 paragraph 1 reads:
"(1) The Director of the Regional Office shall be appointed administrator of the village from the staff
counties included in the regional office
a) the absence of a village in the announced elections for lack of candidates for council members
village or because they were not set up
district election commission, 32)
b) if the dissolution of the municipal council in accordance with § 89
c) terminates the mandate of all members of council community and vacated
mandates does not start alternates
d) if elected mayor within 6 months after the inaugural session,
or the date when the mayor was dismissed or resigned function,
e) if the beginning of the calendar year to merge municipalities or
department of the municipality. ".
133rd In § 98 paragraph 2 reads:
"(2) The administrator of the municipality ensures the performance of delegated powers, in the case of
Village where no secretary of the municipal office, and tasks
independent jurisdiction pursuant to § 84 par. 2 point. c) and § 102 para. 2 and 3
Manager village is at the forefront of the municipal office. If it is a village where it was established
position of secretary of the municipal office (§ 110), the Secretary of subordinate managers
village. ".
134th in § 98 paragraph. 3 first sentence, the words "district Office"
replace the word "region".
135th in § 98 paragraph. 3, second sentence, the words "district office" is replaced by
"country."
136. In § 98 paragraph 4 reads:
"(4) the director of the regional office supervises the activities of the administrator of the municipality.".
137th in § 98 paragraph. 5 at the end of the first sentence the words "
day or election of the mayor."
138th in § 99 para. 1 the words "for her performance" is replaced by "from his
activity."
139th In § 99 paragraph 2 reads:
"(2) In the village where the municipal council begrudgingly, exercised its authority to the mayor
unless stipulated otherwise by this Act (§ 102 para. 4).".
140th in § 99 par. 3 at the end of the first sentence the words "
elected from among the members of the municipal council."
141st in § 99 para. 4, the words " resigned "
be replaced by the words" this function resigned. "
142nd in § 100 Subsection 1 reads:
"(1) If it falls during the tenure of members of the municipal council under 5
and at the next meeting of the municipal council will not be completed for at least 5
exercised from that moment its municipal powers that || | may decide on matters according to § 102 para. 2 and 3
entrust wholly or partly mayor. ".
143rd In § 100 paragraph. 2, the first sentence following sentence is added: "The council
municipality shall be exercised in this case the municipal council may be entrusted
execution of certain tasks of the municipal council to the mayor.".
144th In § 101 paragraph. 3 at the end the words "members of the council
village".
145th In § 102 para. 2 point. a) at the end of the text, the words
"implement budgetary measures in the scope defined by
village".
146th In § 102 para. 2 point. b) the word "establishment" is replaced
'organizational bodies "and the words" municipal council "shall be added
words" with the exception of municipal police. "
147th In § 102 para. 2, letter c) reads:
"C) to decide in matters of the village as the sole shareholder of the business
society".
148th In § 102 para. 2 letter g) including footnote no. 32a) reads:
"G) on the proposal of the secretary of the municipal authority to appoint and dismiss chief
departments of the municipal office in accordance with the special law-32a)
32a) Act no. 312/2002 Coll., On Officials of Territorial
governments and amending certain laws. ".
149th In § 102 para. 2 point. k) the words "§ 56 to 58" is replaced by "§
58".
150th In § 102 para. 2 point. k) in part after the semicolon
words "municipal council" are replaced by "municipal council".
151st In § 102 para. 2 letter m) reads:
"M) decide on the conclusion of lease agreements and loan agreements; this scope can
municipal council entrusted to the department of the municipal office or contributory organization
municipality wholly or in part.".
152nd In § 102 paragraph 3 reads:
"(3) The municipal council decides in other matters falling
under municipal jurisdiction, unless they are reserved
village council or if the municipal council did not place.
The municipal council can not entrust the mayor or municipal authority decisions
matters in accordance with paragraph 2, except for the matters referred to in paragraph 2. k)
m). ".
153 above. In § 102, paragraph 4 reads:
"(4) In municipalities where the mayor of the village council exercises jurisdiction (§ 99 para. 2)
town council is also reserved decision in the matters referred to in paragraph 2
point. C), d) f), j) and l). '.
154th In § 102 paragraph 5 reads:
"(5) If a municipal council revoked as a whole, if not at the same time
elected new municipal council carries out the existing council of its authority
until the election of a new municipal council.".
155th In § 103 paragraph. 1, the second sentence deleted.
156th In § 103 paragraph 3 reads:
"(3) The mayor appoints and dismisses the consent of the Director of the Regional Bureau
secretary of the municipal office in accordance with a special zákonem32a) and provides
his salary under special regulations, 33) without the consent of the Director of the Regional Office is
appointment and dismissal of the secretary of the municipal office invalid. ".
157th In § 103 paragraph. 4, introductory sentence reads: "The Mayor".
158th In § 103 paragraph. 4 point. c) the words "district office" shall be
words "director of the regional office."
159 aircraft. In § 103 paragraph. 4, after letter f) a new point g), which reads
:
"G) decide on matters of municipal jurisdiction conferred on him by the community
".
The current letter g) becomes letter h).
160th In § 103 paragraph. 4 at the end is replaced by a comma and
letter i), which reads:
"I) perform the same tasks as a statutory body by an employer
special legislation against the released members of council and
secretary of the municipal office.".
161st In § 103, the following paragraph 6 is added:
"(6) If the mayor removed from office or resigned and function
if not simultaneously elect a new mayor, exercising his powers until the election of the mayor
deputy, appointed by the municipal council to || | representation mayor (§ 104 par. 1). If not specified a municipal
deputy mayor to represent the mayor or if it was the deputy mayor of
function revoked or surrendered to function simultaneously with the mayor, the municipal council delegates
performance the powers of the mayor of one of the members of the municipal council
. ".
162nd § 104 reads:
"§ 104
(1) represented by deputy mayor. The municipality may choose
several deputy mayors and entrust them with certain tasks. The deputy mayor, who
determine the municipal council, representing the mayor in his absence
or when the mayor does not perform the function (§ 73 para. 3 and § 79 para. 1
).
(2) the mayor, along with deputy mayor signs legal regulations of the municipality. ".
163rd In § 105 para. 1 at the end of the second sentence, the words "(§ 84 para.
5)."
164th In § 105, paragraph 2 reads:
"(2) The mayor of the regional office sends resolutions, decisions and other measures
municipal bodies if requested by the Director of the Regional Office requests.
If he so requests the Ministry of Interior, it is forwarded also to the Ministry of Interior
. ".
165th In § 106, the current text becomes paragraph 1 and the end of the
following sentence is added: "In the cases provided for by special laws carries
special municipal authority with extended state administration for administrative
Municipality with extended powers. ".
166th In § 106, new paragraphs 2 and 3 are added:
"(2) The head of a special municipal body may be just the person who,
unless a special law, demonstrated special professional competence in the field
delegated powers for the exercise of the special body
established. for special professional competence
person standing at the head of a special body of the municipality shall apply mutatis mutandis
special laws regulating the demonstration for officials of local governments
.
(3) the provisions of paragraph 2 does not apply to cases where the head of a special body
village stands under the provisions of a special law
mayor. ".
167th § 107 including footnote no. 34a) reads:
"
§ 107 (1) The current mayor in the period from the date of the elections to the municipal council to
day of the constituent session of the newly elected municipal council
a) ensures the execution of delegated powers in municipalities where no
secretary of the municipal office,
b) exercise the powers under § 102 para. 2 point. a), b), e), h), i), l)
§ 102 para. 3 and § 103 paragraph. 4 except
implementation of budgetary measures
c) accept the marriage. ^ 34a)
(2) If the municipal council is elected at its inaugural meeting
mayor, former mayor performs, if a member of the council,
jurisdiction pursuant to paragraph 1. If the current mayor
member of the municipal council, municipal council authorize the exercise of this power of one of
its members.
(3) If the newly elected municipal council is elected mayor
within 6 months from the date of the inaugural session, proceed according to § 98
34a) § 4 of the Act no. 94 / 1963 Coll., on family, as amended
regulations. ".
168th In § 109 para. 3 letter b) reads:
"B) exercise delegated powers pursuant to § 61 paragraph. 1 point. A)
with the exception of matters that fall within the remit of another municipal authority.";
169. In § 110 paragraph. 1, the first sentence reads: "In municipalities with authorized municipal
Office and in municipalities with extended powers up the position of secretary of the municipal office
who is an employee of the municipality.".
170th In § 110, paragraph 4 reads:
"(4) The Secretary of the municipal office
a) ensure the exercise of delegated powers except for those things that are
Entrusted to the municipal council or the special municipal authority,
B) perform the tasks assigned to it by the municipal council, village council or mayor
,
C) determined in accordance with special legal regulations33)
salaries of all employees of the municipality assigned to the municipal office
D) perform the tasks of a statutory employer under special legislation
towards employees assigned to the village municipal office
E) issue documentation rules, appraisal regulations and conditions of employment of the municipal office and other internal directive
municipal authority does not issue if the municipal council. ".
171st in § 111 paragraph. 1 the words "and on" replaced by the word "in."
172nd in § 111 paragraph. 2, "and on the delegated powers of the municipality"
replaced by "the delegated powers of municipal bodies." | ||
173rd in § 111, paragraph 5, which including footnote no.
34b) states:
"(5) municipalities may use the stamp of the village, where special | || Act stipulates compulsory use of the official seal of the small national emblem
. ^ 34b)
34b) Act no. 352/2001 Coll., On the use of state symbols of the Czech Republic
and amending certain laws. ".
174th in § 112 first sentence, the words" publicly accessible "
words "usually after 24 hours."
175th § 113, including footnote no. 35) is deleted.
176th § 114 to 116 are deleted. | ||
177th in § 117 at the end of paragraph 4 is replaced by a semicolon and
supplemented with the words: "this does not apply if the chairman of the Committee osadního
(§ 120).". || |
178th in § 119 para. 4 second sentence after the word "committee member" shall
words ", which performed the check."
179th in § 122 paragraph. 2, the word "municipality" shall be deleted at the end of paragraph 2 the following text
"point. c) ".
180th in § 122, after paragraph 2 the following paragraph 3 is added:
" (3) The chairman of the committee referred to in paragraph 2 may only be a person who, | || unless a special law, showed
special professional competence in the conferral of delegated powers. At the demonstration
special professional competence chairman of the commission shall apply mutatis mutandis
provisions of special legislation for this demonstration
local government officials. ".
Former paragraphs 3 and 4 become paragraphs 4 and 5
181st in § 122 paragraph. 5, "is subordinated to the district office" shall be
words "corresponds to the mayor."
182nd In the first part of Title VI of the the end of the title of part 1
adding the word "municipality".
183rd § 123 including footnote no. 36b) states:
"§ 123
(1) supervision of the independent competence of municipalities carries
Regional Office-36b) delegated powers and the Interior Ministry.
Supervision is carried out sequentially and finds in him the generally valid regulations
municipalities with laws and compliance of resolutions, decisions and other measures taken by
municipalities with laws and other regulations.
(2) Supervision's regional office entitled
A) require the municipality to provide the information necessary for supervision
within the stipulated period
B) propose the village change or cancel illegal
generally binding ordinance of the municipality, decisions or other actions of its organs
C) require the municipality to fulfill the task set it by law;
fails to community objectives stipulated by the law and after notice
regional authority fails to remedy ensures substitute performance on a proposal from the regional office of the Interior Ministry
at the expense of the municipality, if unfulfilled task can be done
someone else; In justified cases, the recovery of costs waived.
36b) § 69a of the Act no. 129/2000 Coll., On regions (Regional Establishment), as amended
.. "
184th § 124 reads:
|| | "§ 124
(1) Should a generally binding regulation of the municipality law, invite regional office
community to remedy the situation. If a municipality fails-correction within 30 days of receipt of the invitation
propose a regional office of the Interior Ministry suspension
effectiveness of this generally binding ordinance. This proposal
inform the regional office of the mayor.
(2) The Ministry of Interior will review the draft regional office, and if it ascertains that
generally binding municipal ordinance is in conflict with the law, decides
suspend its effectiveness. Interior Ministry suspends efficiency
generally binding municipal ordinance in case of violation of the law and without
draft Regional Authority unless such filed within 30 days of
Efficiency generally binding municipal ordinance.
Decision of the Ministry of Interior to suspend the generally binding decree comes into force on the day
service of the written municipal authority.
(3) The Minister of Interior shall, within 15 days from the suspension of
generally binding municipal ordinance proposal for the abolition of the Constitutional Court.
If the Constitutional Court rejects that proposal, reject or terminate the proceedings,
decision of the Ministry of Interior to suspend the
generally binding municipal ordinance shall expire upon the decision of the Constitutional Court
comes into force.
(4) procures if the competent authority of the village redress before the decision of the Constitutional Court
on the proposal pursuant to paragraph 3, the Interior Ministry's decision on the suspension of
generally binding municipal ordinance canceled within 15 days of receipt of order
the competent authority of the municipality of redress
Interior Ministry. ".
185th Under § 124, the following § 124a, which reads:
" § 124a
(1) If a resolution, decision or measure municipal authority in a separate
competence in conflict with the law or other regulation and unless
a generally binding ordinance of the municipality, the regional office will invite community to put things | || axles. If a municipality fails-correction within 30 days of receipt of the invitation, suggests
regional office of the Interior Ministry of the suspension
such a resolution, decision or measure municipal authority in the autonomous powers.
This proposal inform the regional office the mayor.
(2) The Ministry of Interior will review the draft regional office, and if it ascertains that
resolution, decision or measure municipal authority in a separate
competence is in conflict with the law or other regulation, decide on
suspension of its operation. Interior Ministry suspends enforcement
resolution, decision or measure municipal authority in the autonomous powers
to conflict with the law or other regulation and motion
regional office, unless such application is submitted within 30 days of its
approval by the competent authority of the municipality.
(3) If the decision of the Ministry of Interior filed pursuant to paragraph 2
decomposition, Interior Minister shall within 15 days after the deadline for submission
decomposition competent court for the annulment of resolution, decision or other
measures municipal authority. If the decision of the Ministry of the Interior pursuant to paragraph 2
filing of the appeal, Interior Minister submits such a proposal
court within 15 days of the decision on the appeal. If the court rejects the proposal, the Ministry of Interior
decision to suspend the resolution,
decision or any other measure shall expire on the date when the decision
court comes into force.
(4) procures if the competent authority of the village redress before a court decision on
proposal pursuant to paragraph 3, the Interior Ministry's decision on the suspension of
resolution, decision or measure municipal authority
canceled within 15 days receipt of a resolution by the municipal authority for remedial
remedy the Interior Ministry.
(5) The provisions of paragraphs 1, 2 and 3 shall not apply in cases of violation of laws
civil, commercial and employment law. ".
186th § 125 reads:
"§ 125
(1) suspends the effectiveness of the Ministry of Interior generally binding decree
village or performance of resolutions, decisions or other actions in the village
separate powers, the municipality put up the decision of the Ministry of Interior
immediately on the official board of the municipal office for 15 days.
(2) finding, which the Constitutional Court has annulled generally binding municipal ordinance, or
decision the court cancels resolutions, decisions or other measures
municipal authority in the autonomous powers, hanging village immediately on the official board
municipal office for 15 days. In the same way, the municipality put up
decision of the Ministry of the Interior to cancel the decision to suspend
efficiency generally binding municipal ordinance or enforcement of resolutions, decisions or other measures
municipal authority, the decision of the Constitutional Court, on the basis
expires decision to suspend the
generally binding municipal ordinance and a court decision on the basis of cease
validity of the decision to suspend the resolution, decision or any other measure
village in the autonomous powers. ".
187th § 126 reads:
"§ 126
(1) Supervision of the delegated powers of municipalities
executed by the Ministry of Interior and the regional authority delegated powers. Supervision is carried out subsequently
and finds in him conformity of municipalities with laws and compliance resolution,
Decisions and other measures taken by the municipality, not the regulations of the municipality,
the law, other legislation or within their limits also with
government resolutions or directives of central administrative offices.
(2) Supervision's regional office entitled
A) require the municipality to provide the information necessary for supervision
within the stipulated period
B) propose the village amendment or repeal illegal orders, decisions or actions
its organs within the prescribed period. ".
188th in § 127 Subsection 1 reads:
'( 1) Should the municipality of Regulation Act, § 124 shall apply mutatis mutandis. ".
189th in § 127 after paragraph 1, the following paragraph 2 is added:
" (2) disclosure decisions concerning the suspension of
or repeal of the municipality shall apply mutatis mutandis § 125.. "
paragraphs 2 and 3 shall become paragraphs 3 and 4
190th V § 127 paragraph. 3, the words "district office" is replaced by "
regional Authority" and the words "district office" is replaced by "regional authority".
191st in § 127, paragraph 4 reads: | ||
"(4) measures regional authority pursuant to paragraph 3 community
posted without delay the official board of the municipal authority under 15 days.".
192nd § 128 reads:
|| | "§ 128
Facts mentioned in § 124 paragraph. 2, 3 and 4, § 124a paragraph. 2, 3 and 4 and
§ 127 paragraph. 1 and 3, the municipality may also publish in the usual way. ". | ||
193rd § 129 reads:
"§ 129
Provisions of Parts 1 and 2 shall not apply to decisions issued by the municipal authorities
Administrative Code and the Act on Administration of Taxes and Fees. ".
194th in § 130 of the introductory part of the sentence reads:" Territorially divided statutory cities
adjusts its internal affairs in matters of administration of the city statute, which is
published in a form of community. In particular, the Statute provides
. "
195th in § 130 point. B) the words" to the extent entrusted to them by law "
deleted.
196th in § 130 point. c) the words "unless special legislation
otherwise" are deleted.
197th in § 130 point. f) the word "publication" is replaced by
"disclosure".
198th in § 130 at the end is replaced by a comma and a letter
j) is added:
"j) other matters, if so provided by this or a special law .. "
199th in § 131 of the letters b), e) and f) shall be deleted.
existing letters c), d), g) and h) shall become letters b) c), d) and e
).
200th in § 131 point. d), the words "up to 56" are deleted.
two hundred and first § 132 including footnotes . 39a) reads:
"§ 132
(1) out of the thing owned by the statutory city can
city district or borough withdraw for the purpose for which the property may be expropriated
under a special legal regulation 39a) or with the approval of the municipal district or city
parts.
(2) out of the thing owned by the statutory city can
city district or borough also withdraw the case if
urban district or borough in the handling of this matter violates the law and does not correct these deficiencies
within the period prescribed statutory city, which
not be shorter than 60 days.
(3) The withdrawal of the things entrusted to the municipal district or city part of
property of the town council decides
statutory cities [§ 130 point. h)].
39a) § 108 par. 2 Act no. 50/1976 Coll., On territorial planning and
Building Code (Building Act), as amended. ".
202nd in § 133 paragraph. 1 in the introductory part of the sentence after the word "Statute"
words "under the conditions specified therein."
203rd in § 133 paragraph. 1 point. f) the words "companies "
replaced by" legal persons ".
204th in § 133 paragraph. 1 point. g) the words" with the exception of legal entities
founded or established urban districts or quarters "|| | deleted.
205th in § 133 paragraph. 1 at the end is replaced by a comma and
letters j) and k), as follows:
"j) provision of factual and monetary donations to individuals and legal persons
K) provision of grants to civic associations, humanitarian organizations and
other legal entities or individuals active in youth
sport and physical education, social services, fire protection, culture, education and science
healthcare drug activities, crime prevention
and environmental protection. ".
206th in § 133 paragraphs 2 and 3 are deleted as well as the denomination of paragraph 1.
207th § 134 reads:
"
§ 134 (1) Urban districts and wards act as a statutory city in
matters entrusted to them by law and within the law statute.
(2) Urban districts and district can issue generally binding
ordinance or regulation. ".
-208. In § 136, paragraph 1 is deleted.
Paragraphs 2 and 3 shall be renumbered 1 and 2
209th § 137 reads:
"§ 137
The power to dissolve the district assembly or district
according to § 89 carries by city council.".
210th § 138 is deleted.
211th § 139 reads:
"
§ 139 (1) Authorities of statutory cities execute delegated powers, which is legally entrusted
municipal offices and municipal offices with extended powers
.
( 2) the authorities of urban districts and boroughs exercise delegated powers
under special laws of municipal bodies.
the city can determine the statute of urban districts and wards,
whose bodies will carry out wholly or partly delegated powers | || entrusted by special laws authorized local authorities or any
delegated powers entrusted by special laws municipal offices with extended powers
.
(3) If appropriate, a statutory city statute with the consent
city district or city part of the reserve under delegated powers
municipal bodies, some activities of the city or to determine that some
scope of these authorities will carry out other urban districts or boroughs
.
(4) urban districts and boroughs are in the exercise of delegated powers
administrative districts; exercise delegated powers are obliged to.
The exercise of delegated powers receives urban districts and wards
contribution to the budget of the statutory city.
(5) The decision of the authorities of urban districts and boroughs
issued in administrative proceedings reviewing the municipality, unless the scope
entrusted to a special body of the city or a special law provides otherwise. ".
212th In § 140 the following paragraph 1, which reads:
"(1) the statutory city acts as deputy mayor (deputy mayors)
deputy (deputy) mayors.". Former paragraphs
1 and 2 shall be renumbered 2 and 3
213th in § 140 paragraph. 2, second sentence, the words "in the cities of Brno, Ostrava and Plzeň
" are deleted.
214 . In § 140 paragraph 3 reads:
"(3) In the boroughs and urban districts, whose authority is wholly or partly entrusted
delegated powers, under special legislation
perform authorized municipal offices
or any delegated powers, which under special legislation
municipal authority with extended powers, establishing the Office of the Secretary of urban
circuit or district office secretary. Secretary Office
urban district or district office secretary appointed and dismissed by the mayor with the consent of the Secretary
Municipality; without the consent of the Secretary of the municipality's
appointment and dismissal of the Secretary Office of city district or city part
invalid. ".
215th in § 141 para. 1 the words" relating to "replace the word" at " .
216th in § 141 para. 2 first sentence, the words "relating to"
replaced by the word "in."
217th in § 141, the following paragraph 4 is added :
"(4) Statutory city, urban district or municipal area of
statutory city may use their own stamp when
special law is not provided compulsory use of the official seal with small
state znakem.34b) stamp has midst sign
statutory town or city district or city part and on the periphery stamp shown
complete name, city district or city part. ".
218th § 142 reads:
"§ 142
(1) Urban districts and municipal area of a statutory city
may have its emblem and flag.
(2) The Chairman of the Chamber of Deputies of the city district or city
parts that do not emblem and flag, at their request, after hearing
statutory city, award emblem and flag city district or city
part. Chairman of the Chamber of Deputies may, at the request
city district or borough to change its emblem and flag. ".
219th § 143 reads:
" § 143
Magistrate suspends enforcement of the resolutions, decisions or other measures
Body of a municipal district or districts in the autonomous powers,
if it is in violation of the law or other regulation.
Decision on the suspension of the resolution, decision or measure body
city district or districts in the autonomous powers
becomes effective on receipt of a written copy
city district or city district. Fails if the competent authority arrondissement, or district
correction within 3 months from the suspension of the resolution,
decision or measure, the city council is canceled. ".
220th § 144 reads: | ||
"§ 144
Magistrate suspends enforcement of the resolution, decision or measure body
city district or city part of the delegated powers, if
in conflict with the law or other regulation or resolution of the government
or directives of central administrative offices . Fails if the competent authority
city district or city part of the situation within the period set
magistrate, which may not be less than 30 days, the municipality
such a resolution, decision or withdraw the measure.
Decision to suspend the exercise of such a resolution, decision or measure as well as the decision to annul
becomes effective on receipt of a written copy
office arrondissement, or district office. ".
221 . § 145 reads:
"§ 145
(1) In proceedings under § 137, 143 and 144 of the Rules of Administrative Procedure
apply.
(2) The provisions of § 143 and 144 shall not apply to decisions of the organs
city district or city part of the Administrative Code and the procedure for the administration of taxes and poplatků.39
). "
222 . In § 147 paragraph. 1 point.), the words "§ 56 to 58" is replaced by "§
58 and 59".
223rd in § 147 paragraph. 3, at the end of the period is replaced
semicolon and the words "proceeds of fines imposed on municipalities income of the municipality, if
special law provides otherwise.".
224th in § 152 is inserted after paragraph 1 a new paragraph 2, added:
"(2) municipalities whose registration laws of the municipality is not liable
provisions of this Act, shall register the legislation
municipalities in accordance with this Act by the end of 2003". || |
paragraphs 2 to 5 shall be renumbered 3 to 6
225th in § 153 paragraph. 2, the words "§ 33, 64 and 116" are replaced by "§ 33". || |
Article II Prime Minister is authorized to make in the Collection of laws the full wording
Act no. 128/2000 Coll., on municipalities (Municipal establishment), as follows from
amended.
Article III
Efficiency
This Act shall take effect on 1 January 2003, except the provisions
points 3, 49 and 76 to 119, which come into force on the date of publication.
Klaus vr
Havel vr
Pp. Own hand
