The Amendment Of The Act On Association In Political Sides

Original Language Title: Novela zákona o sdružování v polit. stranách

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117/1994 Coll.



LAW



of 29 April 2004. April 1994,



amending and supplementing Act No. 424/1991 Coll. on Association in

political parties and political movements as amended

legislation, Act No. 99/1963 Coll., the code of civil procedure, as amended by

amended, supplementing Act No. 166/1993 Coll., on the highest

the inspection authority, as amended by law no 331/1993 Coll., and Act No. 328/1991

Coll., on bankruptcy and settlement, as amended by Act No. 122/1993 Coll., and amended

Act No. 563/1991 Coll., on accounting



Change: 247/1995 Sb.



Change: 296/2007 Sb.



Parliament has passed the following Act of the Czech Republic:



Article. (I)



Act No. 424/1991 Coll. on Association in political parties and in

political movements as amended by Act No. 468/1991 Coll., Act No. 68/1993

Coll. and Act No. 189/1993 Coll., shall be amended and supplemented as follows:



1. In article 1 (1). 1, after the word "bodies", the words "higher territorial

authorities and institutions "and at the end of the sentence, which connects

including a footnote No. 1a) is inserted: "special laws lays down, in

which cases the exercise of this right is restricted. "^ 1a)



1A) for example. Act No. 76/1959 Coll., on certain service conditions of soldiers

as amended (full text of the No 361/1992 Coll.), the law of the CZECH NATIONAL COUNCIL

No. 186/1992 Coll., on the police of the Czech prison service members

Republic, the CZECH NATIONAL COUNCIL as amended by law No. 26/1993 Coll. of the CZECH NATIONAL COUNCIL Act No. 555/1992

Coll., on the prison service and judicial guard of the Czech Republic. ".



2. section 2 (2). 1:



"(1) parties and movements are subject to registration under this Act.".



3. § 2 (2). 2 is added:



"(2) a member of the party and the movement can be only physical persons.".



4. section 2 (2). 3:



"(3) a member of the party and the movement can be a citizen older than 18 years of age, however, may be

a member of only one party or movement. ".



5. Uvozovací sentence of section 4 reads: "Arise and develop the activities of parties and cannot

the movement ".



6. In section 5, paragraph 3 is deleted.



7. In section 5, paragraph 4 becomes paragraph 3. His second sentence including

footnote 2) reads: "to establish and organize the activities of the parties and the

movement at the workplace or in the cases provided for by special laws ^ 2)

It is not allowed.



2) Eg. Section 2b of the Act No. 76/1959 Coll., on certain service conditions

soldiers, as amended (the full text of the No 361/1992 Sb.). ".



8. In section 6 (1). 2, after the word "shall", the words "at least

the three-man ".



9. section 6 (1). 2 (a). (b)) points 4, 5, 6 and 7 are added:



"4. the rights and obligations of members,



5. the provisions of the organizational units, if they are established, in particular,

the definition of the extent to which they can acquire assets for the benefit of the parties,

manage and dispose of or acquire other property rights, and

the extent to which they can act on behalf of and bind the parties,



6. the authorities, including the statutory revision, arbitration and, way

their setting and defining their permissions,



7. the way in which the statutory authorities of acting and signing; whether, and in what

the range can do legal acts on behalf of the party and the movement, and other members of the

or personnel ".



10. section 6 (1). 5 is added:



"(5) if the articles of association do not specify something else, acting on behalf of parties and movements to

the establishment of the institutions referred to in paragraph 2 (a). (b)), section 6 of the preparatory

the Committee. The authorities of the parties and movements must be established no later than 6 months

Since the rise of parties and movements. Not if the authorities established within this period,

The Ministry of the Interior (hereinafter referred to as "the Ministry") in a proposal on

the suspension of the activities of political parties and movements (§ 14). ".



11. In section 7 (2). 1 the words "Ministry of the Interior (hereinafter referred to as

"the Ministry") ' shall be replaced by the word "Ministry".



12. In section 7 (2). 5 the second sentence is deleted.



13. In section 8 (2). 1, after the words "§ 1 to 5", the words "and section 6 (1). 3

and 4 ".



14. In section 8 (2). 5 the first sentence including footnote 2a) reads as follows:

"The Preparatory Committee may, within 30 days from the date of notification of the decision of refusal

registration to the competent court of appeal. ^ 2a)



§ 2A), 250 m of the cciv.p. ".



15. section 9:



"section 9



The emergence of political parties and movements, their name, abbreviation and registered office shall notify the Ministry of

within 7 days from the date of registration of the Czech Statistical Office. The registration of parties

and the movement leads a Ministry. "



16. Instead of the repealed section 10 includes a new section 10, which reads as follows:



"§ 10



The party and the movement are required to notify, in writing, to the Ministry of information regarding

name, surname and residence of the persons, who are a statutory

authority of the parties and the movement or its members, within 15 days from the date of establishment or

changes to the statutory authority. The notification shall be substantiated by a resolution of the authority

the party plated movement, which is in accordance with the articles of Association shall be entitled to decide in this matter;

Similarly, evidence of, and other submissions related to the data kept in the

the register of the Ministry (article 11 and 12). ".



17. section 11 (1). 2 is added:



"(2) the provisions of sections 7 and 8 shall apply mutatis mutandis to the amendment of the statutes."



18. In section 13 (3). 6 at the end of the first sentence, the words "or connect

If, after expiry of the period laid down in the decision of the Court to suspend the

the activity of a party or movement insist the fact for which their

activity suspended. ".



19. section 14 paragraph. 1:



"(1) the activities of parties and movements may be suspended by a decision of the Court,

If their activity is in violation of sections 1 to 5, § 6 (1). 5 and § 17 to

19 or with the articles. ".



20. section 14 paragraph. 2 is added:



"(2) the suspension of the activities of the party and the movement can do only acts

aimed at the Elimination of the State, which was the reason for the decision of the Court of

the suspension of their activities, and for a maximum period of one year.

Insist to continue to fact, for which the activity of the party

suspended, shall give the authorities referred to in § 15 of this Act, a proposal to

the dissolution of the party. ".



21. In article 14 the following paragraph 3 is added:



"(3) if within the time limit laid down for the removal of the State that was the reason

for the suspension of the activities of the party and the movement, shall decide on the restoration of the

their activities on the basis of the draft parties and movements, with the exception of the Court of

restoration activities suspended for the reasons referred to in section 6 (1). 5 and §

18 paragraph. 1 and 4, where the activity of the parties and the movement to be considered properly

renewed on the day, which was recognised as an obligation to be fulfilled

by the competent authority. "



22. section 15 reads as follows:



"§ 15



(1) on the dissolution of political parties and movements [section 13, paragraph 1 (b))], the suspension

the activities of political parties and movements (art. 14 (1)) and the restoration of their

activities (section 14 (3)) shall be decided by the Supreme Court. The Government shall submit the proposal;

If you fail to do so within 30 days from receipt of the complaint, may submit a proposal

the President of the Republic.



(2) to suspend the activities of parties and movements or is unable at the time to dissolve the

from the date of its publication in the national elections to the Chamber of Deputies, the Senate,

the Councils of municipalities and higher territorial councils

authorities before the 10th day after the last day of the election. It

does not apply if the activity of political parties and movements in violation of § 4. ".



23. under section 16 shall be inserted a new section 16a is inserted:



"§ 16a



Judicial protection



(1) if the decision of the authority of the party and the movement of the facts

date in the register of the Ministry (section 10 to 12), may be a member of this

Parties and movements within 6 months from the adoption of such a decision, request the

District Court for its review, if it is illegal or

contrary to the Statute.



(2) unless the abolition of political parties and movements, the proposal for review by the

paragraph 1 apply, only if the arbitration authority of parties and movements fail

request a member of the remedy or it decided within 30 days from the date of

its submission.



(3) in a proceeding, the Court shall proceed in accordance with section 246a, § 246b paragraph. 2 and § 24bc and

According to the head of the second part of the fifth code of civil procedure.



(a copy of the final 4} Court decision referred to in paragraph 1 shall send to the Court

Ministry. ".



24. § 17 paragraph. 2, 3 and 4 including footnotes, no. 3):



"(2) the party and movement may not on their own behalf to operate the business

activities and shall not establish a legal person that the business

the activity operates, or to participate as partners or members of such

legal persons.



(3) the income of the parties and movements can be



and) post from the State budget of the Czech Republic to cover the election

costs,



(b)) contribution from the State budget of the Czech Republic (hereinafter referred to as

"contribution"),



(c)) contribution from the budgets of higher territorial self-governing units and municipalities,

lays down the law,



d) posts of their own members,



e) gifts,



(f)) rental income of movable and immovable property,



(g)), interest on deposits,



h) revenue from the sale of movable and immovable property,



I) revenue from the organisation of lotteries, raffles, cultural, social,

sports, recreational, educational and political actions,



j) loans and credits.



(4) parties and movements lead accounting under the special law. ^ 3) Accounting

records relating to the management of the contribution from the State budget of the Czech

Republic (hereinafter referred to as "the national post") leads the party and movement.



3) Act No. 563/1991 Coll., on accounting. ".



25. section 18, including footnotes, no. 4):



"section 18



(1) parties and movements are required to submit each year to the 1. April

The Chamber of Deputies and the Supreme Audit Office the annual financial

the message, which includes the



and the annual financial statements in accordance with) special regulations, ^ 4)



(b) the auditor's report on verification of) the annual accounts,
(c) an overview of the total revenue), broken down according to § 17 paragraph. 3,



(d)) of the donations and gifts; If the value of the gift or the sum of values

one of the gifts of the donor for one year exceeds 100 000 Czk, for

natural persons name, surname, place of residence and social security number of the donor, for

legal person, its name, address and identification number.



(2) if it is established that the Supreme Audit Office, within the time limit was not

the annual financial report is presented, or that was incomplete or

It contained false information, it shall notify without delay to the Chamber of Deputies.

This communication is submitted to the annual financial report to the public.



(3) the party and the movement, which in due time the annual financial report

have not submitted or if the submitted annual financial report

incomplete or contains false information, the Supreme Audit Office

at the same time, the communication referred to in paragraph 2 prompts you to remove the shortcomings;

the party and the movement are obliged to do so within 10 days of receipt of this

challenges, where appropriate, within the extended, with the agreement of the Supreme

the inspection authority.



(4) the obligation provided for in paragraphs 1 and 3 shall be deemed to have been fulfilled,

If it considers that the Supreme Audit Office. The one about the Elimination of deficiencies shall

shall immediately report to the Chamber of Deputies, the President of the Republic and the Government.

If the deficiencies are not remedied within the time limit prescribed by law or in the

period with the consent of the Supreme Audit Office is extended,

Supreme Audit Office shall be obliged to communicate to it without further delay

The Chamber of Deputies, the President of the Republic and the Government; This communication is

the proposal referred to in section 15.



(5) the Chamber of deputies or the authority which the Chamber

the Chamber of Deputies, the Supreme Audit Office may give rise to the

a review of whether the annual financial report of the party and the movement, which were

paid to State posts, is in compliance with sections 17 to 19 of the Act, and even

then, if the doubts about it.



4) Eg. Act No. 563/1991 Coll. ".



26. section 20 reads as follows:



"section 20



(1) the party and movement are entitled to a State contribution for the conditions

laid down by law.



(2) the contribution of the activity involves the permanent post and post on

the mandate.



(3) entitlement to the permanent post or a post on the mandate arises side

and movement, which submitted within the time limit (section 18 (1)) annual

financial report.



(4) entitlement to a permanent post and side movement arises, which have gained in

elections to the Chamber of Deputies, at least 3% of the votes.



(5) the entitlement to the allowance arises on the mandate, if he was elected, at least

one Deputy or Senator Alumni parties and movements or

He was elected for the party and movement on the list of the coalition in the election

in the Chamber of Deputies and the Senate.



(6) the standing post per 3 0000 0000 Czk for a party and a movement that

in the last elections to the Chamber of Deputies 3% of the votes. For

each additional 0.1% of the votes commenced and will receive a party and a movement per year

100 000 Czk. A party and a movement of more than 5% of the votes, the post

plateaus.



(7) the mandate contribution per 500 000 CZK for one mandate.



(8) the contribution to the mandate pertain throughout the election period, only the side and

movement on the ballot was elected member of Parliament or Senator.

If a member or Senator elected on a list

the Coalition is a contribution to the mandate throughout the election period, only the side and

the movement, which has been on the list of the coalition.



(9) for the determination of entitlement to a permanent post and the determination of the amount of the

Parties and movements, which are members of the Coalition, is a crucial agreement on

Coalition on the outcome of the election. If no such agreement

closed, or if it is not received within the specified period the Ministry of

Finance, the election result is divided equally. The provisions of paragraph 3

remains intact. The party and the movement, the Ministry of Finance shall deliver to the agreement on the

the proportion of members of the Coalition to the last day of the period for the registration of

the list of documents.



(10) if it has been submitted to the annual financial report is incomplete or

false, the payment of contribution on the activities shall be suspended until the

removal of defects (section 18 (4)). Payment of the allowance shall also be

pauses, was filed with the Supreme Court a proposal under section 15; the payment of the

Resets the back, takes a legal power. the decision, which was rejected

a proposal for the dissolution or suspension of the activities of the party or movement.

Payment of the allowance will be restored retroactively for the period when the

suspended, if the party and eliminate the lack of movement of

in the incompleteness or incorrectness annual financial reports (section 18 (4)).



(11) in the election to the Chamber of Deputies and the Senate

calculations of annual contribution for each term separately.

Hand, and the movement belongs to a monthly one-twelfth of the annual propočteného

contribution to the activities. In the month of the election, the party will receive and the movement

the contribution calculated from the results of the elections of the election period, the amount of

It will be for the party and the movement better. ".



27. under section 20, the following new section 20a is inserted



"section 20a



(1) Contribution to the activities of the Ministry of Finance shall be paid at the request of the parties

and movement throughout the election period, each year in two semi-annual instalments

behind. Payment for the first half shall be paid each year by 30. June and

for the second half of each year to the 1. December. The application shall be served on each

instalment.



(2) if the agreement referred to in section 20 (2). 9 received the Ministry of finance

differ from each other, and if a party and a movement entitled 11a standing post

The Ministry of finance, the payment of the contribution of all members of the coalition of the Standing

shall be suspended. Payment of the allowance will be restored retroactively after

delete violation of, or after the final decision of the Court (section 20 (2).

10).



(3) the Ministry of Finance shall adjust the amount of the additional payments of the contribution to the

activity, if the State has changed during the year decisive for the calculation of the

the amount of the contribution. "



28. section 21b is deleted.



Article II



Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967

Coll., Act No. 158/1969 Coll., Act No. 49/1973 Coll., Act No. 20/1975

Coll., Act No. 133/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991

Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act of the Czech

the National Council No. 24/1993 Coll. and Act No. 171/1993 Coll., amending and

supplemented as follows:



1. section 9, the following paragraph 5 is inserted



"(5) the Supreme Court shall act as a Court of first instance, if so

special regulation. ".



2. In § 120 paragraph. 2 the words "the commercial register and" shall be replaced by the words

"the commercial register, in proceedings for annulment of a political party or

the political movement of the suspension and restoration of their actions and ".



3. the following section is inserted after section 200 h 200i, including title:



"§ 200i



The procedure for the abolition of political parties or political movements, suspension and

the restoration of their activities



The Court shall decide without a hearing by the resolution. Remedies against the

the decision is not permitted. ".



Article. (III)



Act No. 166/1993 Coll. on the Supreme Audit Office, as amended by Act No.

331/1993 Coll., shall be added as follows:



In section 3, the attached new paragraph 4, including the footnote.

1A) is inserted:



"(4) the management of a political party and political movement with contributions from

the State budget of the Czech Republic for the purposes of this Act,

Managing State property. In doing so, the authority shall proceed according to the

Special Act. "^ 1a)



1A) Act No. 424/1991 Coll. on Association in political parties and in

political movements, as amended. ".



Article IV



cancelled



Article. In



Act No. 563/1991 Coll., on accounting, is hereby amended as follows:



In the second paragraph in section 9. 1 (a). d) deleted "political

the parties and political movements. "



Article VI



(1) parties and movements registered by the Ministry, whose statutes

do not comply with the provisions of this law, to bring their statutes in accordance with the

This law within 9 months from the date of its effectiveness and submit them in this

the time limit to the Ministry. If you fail to do so, a Ministry initiative to design

on the suspension of their activities.



(2) Organizational units of parties and movements under the existing law,

consider the organizational unit referred to in this Act and their property

and other rights and obligations devolves on the date of effectiveness of the law on

the appropriate side.



(3) parties and movements that participate in as a member or partner in the

legal person who operates the business in accordance with

existing regulations, terminates this participation to 30. June 1995. Share on

profit from the business of such legal persons according to the existing legislation

can the party and movement used only to fulfill their programming objectives

referred to in the articles of Association, and it must not divide between your current

or former members.



(4) From the effectiveness of this law until the last day of elections to the Chamber of Deputies

the Chamber of Deputies following the effectiveness of this law belongs to the parties and

movements each year standing contribution and a contribution to the mandate of the

the House in accordance with the annex to this Act.



(5) in 1994 and in addition to the movement side belongs to the State contributions

According to the existing legislation, paid one half of the amount referred to in
of paragraph 4. The contribution shall be paid by the Finance Ministry at the request of the parties, and

movement of to 30. September 1994.



(6) the contribution to the mandate in the Senate side and belongs to the movement since the last

elections to the Senate following the effectiveness of this Act.



Article. (VII)



The President of the Chamber of Deputies is to, in the collection of laws of the Czech

Republic declared the full text of Act No. 424/1991 Coll. on Association in

political parties and political movements, as is apparent from the later

regulations.



Article. (VIII)



cancelled



Article. (IX)



This law shall enter into force on 1 January 2005. July 1994.



Uhde in r.



Havel in r.



Klaus r.



Annex.



THE AMOUNT OF THE ANNUAL CONTRIBUTION AND THE CONTRIBUTION TO THE LONG-STANDING MANDATE OF

THE HOUSE FOR PARTIES AND MOVEMENTS ACCORDING TO THE ARTICLE. (VI) OF PARAGRAPH 1. 4. CZK

------------------------------------------------------------------

The name of the parties and movements annual annual annual

permanent post post

contribution to the activities of the mandate

in PS total

------------------------------------------------------------------

Czech Social Democratic Party 9,000 5,000 14,000

------------------------------------------------------------------

Bohemian-Moravian Centre Party 5,000 4,500 9,500

------------------------------------------------------------------

The Communist Party of Bohemia and Moravia 1.470 5,000 6.470

------------------------------------------------------------------

Christian and democratic Union-

Czechoslovak people's Party 5,000 7,500 12,500

------------------------------------------------------------------

Christian Democratic Party of 667 5,000 5.667

------------------------------------------------------------------

Left block 3.380 14.880 11,500

------------------------------------------------------------------

Liberal-social Union 500 1,750 1,250

------------------------------------------------------------------

The Liberal national social party 1.250 2,500 3.750

------------------------------------------------------------------

Civic Democratic Alliance 5,000 7,500 12,500

------------------------------------------------------------------

Civic Democratic Party 4.333 32,500 36.833

------------------------------------------------------------------

The Union for the Republic-

The Republican Party of Czechoslovakia 5,000 4,000 9,000

------------------------------------------------------------------

The party of the democratic left 150 500 650

------------------------------------------------------------------

Green Party of 1,500 1,250 2,750

------------------------------------------------------------------

The agricultural party of 1,250 2,500 3.750

------------------------------------------------------------------

The free Democrats-civic movement 3.336 3.336

------------------------------------------------------------------

Movement of retirees for life security 2.557 2.557

------------------------------------------------------------------

The party of entrepreneurs, sole proprietors

and the peasants of the Czech Republic 2035 2035

------------------------------------------------------------------

Kan 1.178 1.178

---------------------------------------------------------------

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