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
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The name of the parties and movements annual annual annual
permanent post post
contribution to the activities of the mandate
in PS total
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Czech Social Democratic Party 9,000 5,000 14,000
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Bohemian-Moravian Centre Party 5,000 4,500 9,500
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The Communist Party of Bohemia and Moravia 1.470 5,000 6.470
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Christian and democratic Union-
Czechoslovak people's Party 5,000 7,500 12,500
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Christian Democratic Party of 667 5,000 5.667
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Left block 3.380 14.880 11,500
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Liberal-social Union 500 1,750 1,250
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The Liberal national social party 1.250 2,500 3.750
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Civic Democratic Alliance 5,000 7,500 12,500
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Civic Democratic Party 4.333 32,500 36.833
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The Union for the Republic-
The Republican Party of Czechoslovakia 5,000 4,000 9,000
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The party of the democratic left 150 500 650
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Green Party of 1,500 1,250 2,750
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The agricultural party of 1,250 2,500 3.750
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The free Democrats-civic movement 3.336 3.336
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Movement of retirees for life security 2.557 2.557
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The party of entrepreneurs, sole proprietors
and the peasants of the Czech Republic 2035 2035
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Kan 1.178 1.178
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