482/2004 Sb.
LAW
of 29 April 2004. July 2004,
amending Act No. 218/2000 Coll. on budgetary rules and the
changes to some related acts (budgetary rules), as amended by
amended, and certain other laws
Change: 496/2012 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment to the law on budgetary rules
Article. (I)
Act No. 218/2000 Coll. on budgetary rules and amendments
related acts (budgetary rules), as amended by Act No. 493/2000
Coll., Act No. 143/2001 Coll., Act No. 185/2001 Coll., Act No. 320/2001
Coll., Act No. 450/2001 Coll., Act No. 202/2002 Coll., Act No. 320/2002
Coll., Act No. 483/2003 Coll., Act No. 186/2004 Coll. and Act No.
257/2004 is amended as follows:
1. In paragraph 1 (d)), including footnotes # 1) and no. 1a) is inserted:
"(d)) financial management of organisational units of the State, the device state
having a similar status as an organizational part of the State, "^ 1")
Security information service ^ 1a) (hereinafter referred to as "organizational folder
the State ") and contributory organizations established by departments
State (hereinafter referred to as "an organization"),
1) § 3, 7 and 51 of Act No. 219/2000 Coll., on the property of the Czech Republic and
its representation in legal relations, as amended.
1A) § 3 (b). and Act No. 153)/1994 Coll., on news services
The Czech Republic, as amended by Act No. 118/1995 Coll., Act No. 154/1994 Coll.
on the Security information service, as amended. ".
2. In paragraph 3 (b). (b)) after the word "provided", the words ",
unless otherwise provided by special law to the contrary, ".
3. In paragraph 3, at the end of paragraph (e)) is replaced by a semicolon and the following comma
the words "further means, and if you cannot demonstrate how these
the funds have been used. "
4. In paragraph 3 (b). (f)), after the words "cash", the words
"provided from" and the word "budget," in both cases the following
the words "the State Fund".
5. In paragraph 3, at the end of the letter k) dot is replaced by a comma and the following
the letter l), m) and (n)), including footnote # 4 d) shall be added:
"l) State guarantees the payment of the guaranteed amount State
the guarantor of the debtor, the creditor of the debtor State was based on the
an escrow agreement by the State for the benefit of the borrower with the lender
He concluded, any statements or letters of guarantee, which the State
creditors for the benefit of the debtor, or the law of the State
guarantee obligation to stores,
m) spending on government loans payments to exporters based on partial agreements
payment of exported goods and services entered into with them, Czech
Republic, and treaties the United States on government loans with foreign States;
the exporter for the purposes of this provision, means a natural person with permanent
residents or legal person established on the territory of the Czech Republic, which
^ 4 d) is an entrepreneur and export to the States with which the Czech
Republic Treaty on government loans; agreement on a Government loan is for
the purpose of this provision, means a contract of the United States with a foreign State,
According to which the State is obliged to her financial means to
partial payment was issued, repay,
n) expenditure on operational needs in addition to the expenses of the organisational units of the State
expenditure on programmes (section 12 (1)).
4 d) § 2 (2). 2 of the commercial code. ".
6. In section 4, paragraph 1 reads:
' (1) at the same time with the draft of the State budget with the medium-term processes
a view that contains the expected revenue and expenditure of the State budget and
State funds for each of the years in which it is established, and
assumptions and intentions, on the basis of which such receipts and expenditure
expect and plan to, at least in this range:
and the development of basic indicators assumptions) of the national economy,
in particular, the expected growth or decline in the gross domestic product and
consumer prices,
b) assumptions and intentions of the Government concerning income, expenditure and balance
the State budget and State funds, in particular the intended changes in laws and
other legislation
(c)) of the amount of medium-term expenditure frameworks (section 8a (1)) and their
broken down by chapters and State funds,
(d)) the total income and expenditure of the State budget,
(e)) the total income and expenditure of State funds,
f) income and expenses of each chapter of the State budget,
g) each income and expenditure of State funds,
h) expenditure on programmes (para. 12), in which the amount of the participation of the State budget on the
their funding was approved by the Government,
I) expenditure on programmes or projects co-financed by the budget
The European Union according to the individual chapters and State funds,
j) an overview of the obligations of natural and legal persons, for which the guarantee
on behalf of the State of its business folder. ".
7. in section 4, paragraph 2 shall be deleted.
Paragraphs 3 to 6 shall be renumbered 2 to 5.
8. In section 4, paragraph 3 is added:
"(3) the medium-term Outlook is drawn up for a period of 2 years immediately
following the year in which it is presented the State budget; his
included are the indicators referred to in paragraph 1 for the year, which is submitted to the
the State budget. For the programmes referred to in paragraph 1 (b). (h)) and on expenditure
referred to in paragraph 1 (b). I) corresponds to the period of the medium-term perspective, the time
their financing. In the case of loans, on which it was granted the State
the guarantee corresponds to the period of the medium-term perspective set by the time of their
the repayment period. When preparing a medium-term perspective are indicators of expenditure
referred to in paragraph 1 (b). even at the beginning of the funding), set by program
or project co-financed by the European Union budget is bound. ".
9. in section 6 (1). 1 (b). I) part of the sentence after the semicolon, the word
"immovable" shall be deleted and the following is added at the end of the text, the words "[§ 48 para. 2
(a). (c))] and the property of the United States, which is relevant to farm
The Ministry of defence [section 48, paragraph 2 (b), (d))] ".
10. In section 6 (1). 1 (b). r), after the words "laid down" the words
"this Act or".
11. in section 7 (2). 1 at the end of the letter k) a reference to a footnote.
1) replaces the reference to the footnote # 11a), which read as follows:
"11a) section 28 of Act No. 219/2000 Coll., as amended by Act No. 202/2002 Coll. and the
Act No. 88/2003 Coll. ".
Footnote # 11a) including links to her is referred to
as footnote # 11e).
12. In paragraph 7 (2). 1 the letter o) is added:
"expenditure on implementation of) State guarantees."
13. in section 7 at the end of paragraph 1, the period is replaced by a comma and the following
letters u) and v) are added:
"the expenditure on government loans),
in) subsidies for natural and legal persons who do not develop the business
activity in the construction, repair, reconstruction and modernisation of the housing stock
and to build technical infrastructure. ".
14. in paragraph 8, the following shall be added at the end of paragraph 1 the following sentence: "total expenditure
the State budget in this proposal, the Ministry determined on the basis of the amount of
the medium-term expenditure framework (section 8a (1)) contained in the resolution
The House of Commons to amend the draft law on the State budget on the
the current year, that is listed as the amount for the year immediately
following the current year (hereinafter referred to as "another year"). If there is no such
resolution or is this amount included, provides is based on
the amount of the medium-term expenditure framework, which is as the next amount
the year listed in the resolution of the House of Commons to amend the draft law on the
the State budget for the year immediately preceding the current year (hereinafter
"the last year"). The Ministry adjusted this amount (section 8a (3)) and
splits on the expenditure of the State budget and the expenditure of each State
the funds. As follows the specified amount of the expenditure of the State budget shall be indicated in the draft
the law on the State budget as the total expenditure of the budget. If
the medium-term expense framework changed other resolutions of the
the Chamber of Deputies, the Ministry is in the determination of the total expenditure of the State
the budget required to manage only those of them that the Chamber of Deputies
approved until 30 June. June of the current year. ".
15. In § 8 para. 2 of the sixth sentence, the words "the reproduction of the assets (hereinafter referred to as
the "program") "is replaced by" (§ 12 para. 1) ".
16. In section 8 paragraphs 3 to 5, including the footnotes # 11b and 11 c))
shall be added:
"(3) the draft budgets of the chapters of the Chamber of Deputies, the Senate, the Office of the
President of the Republic, the Constitutional Court, the Supreme Audit Office and the Office of the
The Ombudsman shall transmit to the Ministry, the administrators of those chapters
or the Chamber of Deputies and the Senate of the authorities competent in matters
^ budget 11b) after discussion with him. The Ministry is to be classified in the proposal
the law on the State budget, be submitted for approval to the Government.
(4) if the Government does not agree with the draft budgets submitted by the chapters
The Chamber of Deputies, the Senate, the Office of the President of the Republic, the constitutional
Court, Supreme Audit Office or the Office of the public defender of rights,
decide on the figures at its request, to 15. September financial
the Committee of the Chamber of Deputies.
(5) the draft law on the State budget and the draft medium-term expenditure
framework (section 8a (1)) shall submit to the Ministry for approval to the Government. The Government of the
is the Chamber of Deputies shall be presented within the time limit pursuant to a special law. ^ 11 c)
11B) § 46 para. 4 (b). (g)), § 50 para. 1 (b). y) and § 117 paragraph 1. 2
Act No. 90/1995 Coll., on rules of procedure of the Chamber of Deputies. § 36 odst.
3 the second sentence of Act No. 106/1999 Coll., on the rules of procedure of the Senate.
11 c) § 101 paragraph. 1 of law No. 90/1995 Coll. ".
17. in paragraph 8, the following new section 8a and 8b, which including the footnotes
# 11 d) shall be added:
"§ 8a
The medium-term expenditure framework
(1) the medium-term expense framework shall constitute the total expenses of the State budget and
State funds for each of the years, on which is built a medium-term
views, and provides it to the Chamber of deputies of the Government's proposal in the resolution to
amend the draft law on the State budget, and it's always one amount with
excluding expenses for
and the implementation of State guarantees,) If an escrow contract suretyship
statement, the letter of guarantee or the laws of the State guarantee
the obligation to provide effect to 30. April 2004, with the exception of
expenditure to meet an escrow State duties owed to creditors of the State
the organisation Managing the railway infrastructure under the Special
law, ^ 11 d)
b) returnable financial assistance.
(2) the amount of the medium-term expenditure framework for the first year of the medium-term
vision is based on the amount of the medium-term expenditure framework, the same year
referred to in the medium-term expense framework in the resolution of the Chamber of Deputies
to amend the draft law on the State budget for the current year, so that the
It can add or subtract expenses from her
and significantly different) caused by the development of consumer prices before
He expected to establish this amount,
(b) the law on budgetary) specify the taxes, if the result of
increase or decrease the expenditure of the State budget, if you
the determination of this amount with the following implications were envisaged,
(c) the amount of income funds) from the European Union budget for programmes or
projects part-financed from this budget, which, in the determination of
This amount was considered in a different level,
(d)) in the amount of up to two per thousand of this amount, if it is necessary to
in order to take into account the effects of which, in the determination of this amount
It was foreseen,
e) caused by emergencies, with which to establish this
the amounts anticipated.
(3) when drawing up the draft law on the State budget for the next year
the amount of the medium-term expenditure framework referred to in the resolution of the
House of Commons to amend the draft law on the State budget for the current year
adjusted for the purposes of the amount to be reported as the total expenditure
the State budget for the next year, mutatis mutandis, in accordance with paragraph 2, except for
the adjustments referred to in subparagraph (d)), instead of which it is made up of one
per mille, and so added to her expenses referred to in paragraph 1 (b).
a) and (b)).
(4) the Government in the case that the proposed amount of her medium-term expenditure
framework for the first year of the medium-term perspective is not identical with the amount
the medium-term expenditure framework on the same year as provided for by the
Deputies in the resolution to amend the draft law on the State budget on the
the current year as the amount of the medium-term expense framework for second year
the medium-term perspective, the justification for the change. Draw up and
justification the changes of the amount of the medium-term expense framework for another year
laid down in the resolution to amend the draft law on the State budget on the
the current year as the amount of the medium-term expenditure framework for the first year
the medium-term perspective in the proposed amount of the total expenditure of the State
the budget for the next year. Justification these changes shall be presented by the Government
The Chamber of deputies at the same time with the proposal of the law on the State budget on the
the next year.
§ 8b
The time limits of certain work carried out by the Government, the Ministry, administrators
chapters and State funds in the elaboration of the draft State budget,
the medium-term vision and medium-term expenditure frameworks
(1) the Ministry shall submit to the Government a draft proposal for a
and the amount of the medium-term expenditure framework) for another year adjusted in accordance with §
paragraph 8A. 3,
(b) the amount of the medium-term expenditure framework) on the first year of the medium-term
run after any change under section 8a of the paragraph. 2,
(c) the amount of the medium-term expenditure framework) on the second year of the medium-term
vision to the 15. April of the current year. The Government will discuss it to 30. April
in the same year.
(2) on the basis of the amounts referred to in paragraph 1 and any tasks that the
the Ministry in connection with the further use of imposed Government,
the Ministry shall draw up
and Bill) for the State budget for the next year a preliminary draft
revenue and expenditure broken down by chapter,
(b)) for the motion for a resolution of the House to amend the draft law on the
the State budget for the next year a draft medium-term spending amounts
framework,
(c)) for the design of the mid-term perspective estimates of the revenue and expenditure of the
the State budget and State funds, disaggregated by chapters and State
of the funds,
(d)) for the purposes of communications under paragraph 3, the second sentence of the proposal of total expenditure
the various State funds and submit them to the Government by 31 December. may the normal
of the year. The Government will discuss and after any adjustments as a preliminary
the proposal will be approved by up to 20. June of the same year.
(3) the Ministry shall notify the amount approved by the Government in accordance with paragraph 2
Administrators of chapters to 30. June of the current year. Furnish the chapters
amounts for State funds shall communicate without delay to these funds.
(4) on the basis of the amounts notified in accordance with paragraph 3, shall draw up
and draft chapters for) the managers of the State budget for the next year proposals
the budgets of its chapters,
(b)) for the design of medium-term perspective
1. the administrators of the chapters of the draft income and expenditure of their chapters,
2. State funds proposal of its revenue and expenditure
and submit them to the Ministry until 31 December 2006. July of the current year.
(5) the Ministry shall submit a draft of the law on the State budget for the next year
and a proposal to the Government's medium-term perspective, to 31. in August of the current year.
11 d) § 19 para. 2 of the Act No. 77/2002 Coll., on the Czech joint-stock company
railways, State Organization railway transport route and amending
Act No. 266/1994 Coll., on rail, as amended, and
Act No. 77/1997 Coll., on State enterprise, as amended,
as amended by law No. 179/2003 Coll. ".
18. section 14, including footnote No. 15a) reads as follows:
"section 14
(1) The grant or repayable financial assistance is not a legal right, if
a special law provides otherwise.
(2) repayable subsidy or financial assistance from the State budget can
provide a central body of State administration, Office work, the Academy of Sciences of the Czech
Republic, the grant agency of the Czech Republic or organizational component
State, shall be specified by a special law (hereinafter referred to as "provider").
(3) for the provision of subsidies or repayable financial assistance shall be decided by
the provider based on the request of the recipient. If the provider
requests for grants or repayable financial bailout, will issue a
a written decision, which contains the
and) name, surname, date of birth, social security number and the address of the Permanent
stay, if the recipient of the subsidy or returnable financial assistance the physical
person and if the natural person entrepreneur, also identification
number; the name, address and identification number, if the recipient of the subsidy
or returnable financial assistance is a legal person,
(b) the name and address of the provider),
(c) the amount provided)
(d)) the purpose to which is provided by the amount specified,
(e)) the period within which it is to be provided for the purpose achieved,
(f)) for returnable financial assistance provided by the recovery period
of funds and the amount of each payment,
g) any other conditions that the recipient must, in connection with
the use of subsidies or returnable financial assistance to meet,
h) for subsidies and returnable financial assistance, which include
funds pursuant to § 44 para. 2 (a). (b)), d), or (f)), the amount of
These resources (section 44 (6)),
I) date of the decision.
(4) the decision referred to in paragraph 3 shall not apply the General provisions of the
administrative proceedings ^ 15) and its judicial review is excluded. ^ 15a)
(5) the provider may, in a decision on the grant, part of which are not
the funds provided from the State budget covered by the budget
European Union [section 44 (2) (b)), and (d))] or cash
provided from the State budget to pre-finance the expenditure to
be covered from the budget of the European Union funds [§ 44 para. 2 (b), (f))]
(hereinafter referred to as "grants not containing the resources from the European Union"), set aside
of the conditions that it imposes on the recipient referred to in paragraph 3 (b). (g)),
conditions less severe or bring that non-compliance with the conditions imposed
in accordance with paragraph 3 (b). g) are less severe, such as irrelevant
failure to comply with certain time limits.
(6) in the decision to grant, which funds are
provided from the State budget, covered from the budget of the European Union [§ 44
paragraph. 2 (a). (b)), and (d))] or the funds provided from the State
the budget for the pre-financing of expenditure to be covered from resources
budget of the European Union [section 44 (2) (b), (f))] (hereinafter referred to as "grants
that includes funds from the European Union "), the provider may provide
that non-compliance with the conditions referred to in paragraph 3 (b). (g)), or some of them
will be affected by the levy for breach of budgetary discipline, which is less than the
the total amount of the subsidy. It may also provide that such lower
levy will be affected by the less serious failure to fulfil the conditions referred to in paragraph
3 (b). (g)), or some of them. In this case, provides that they are.
The procedure under this paragraph in the decision to grant provider
always down for all the different conditions, failure of which will
affected by lower dispersal, and for all the various less serious
failure to comply with the decision referred to the percentage of the total amount of the subsidy
the levy for breach of budgetary discipline. Under this paragraph,
the provider progresses, if the law of the European communities.
(7) paragraph 6 also applies to the provision of subsidies from the National Fund (§ 37
paragraph. 8).
(8) the recipient of the subsidy or returnable financial assistance is required to it with the
the provider of the deal in the context of financial settlement (section 75).
(9) in the provision of returnable financial assistance the provider is obliged to
keep a register under a special legal regulation ^ 16) relating to claims
arising from its supply and budget and record its repayments.
(10) the provider is obliged to record them in a central repository of subsidies and
returnable financial assistance provided from the State budget,
details about these subsidies and returnable financial assistance and on their
beneficiaries. The content and scope of the information that the service provider is obliged to
recorded in these records and the procedures and time-limits which it shall
perform, the Ministry shall set by Decree.
15A) section 6 of Act No. 150/2002 Coll., the administrative court rules. ".
19. In article 16(1). 2, letter (c)) the following point (d)), which read as follows:
"(d)) met from loans taken by the Czech Republic".
20. In article 20, paragraph 2, the following paragraph 3 is added:
"(3) the report referred to in paragraph 1, after the Chamber of deputies will take it on
Note, the information referred to in paragraph 2 and after it takes note of the
the Budget Committee of the Chamber of Deputies, the Department shall publish a notice in the
electronic form in a manner allowing remote and continuous
access. ".
Paragraphs 3 to 5 shall become paragraphs 4 to 6.
21. in section 20 (2). 4 the first sentence after the word "resources", the words
"provided by".
22. in section 20 (2). 4 the sixth sentence, the words "reproduction" shall be deleted.
23. paragraph 21, including footnote No. 17a):
"section 21
Annual reports
(1) the organizational units of the State contributory organization and State funds
yearly message about themselves and about their activities, in particular on its
management in the period. IMP, the period is the year for
organisational units of the State contributory organizations and State funds,
that arose during the year, the period from the date of their creation to the end of the year, for
those that perished during the year, the period from the beginning of the year to the date of their
extinction and those that arose and disappeared during the year, the period from the date of
their creation to the day of their demise. For the defunct organizational units of the State
draw up annual reports to their successors in title, the founders or
Administrators.
(2) the founders shall submit it to the message Processor if it has; State
the Fund to submit it to the Ministry, to whose jurisdiction include (§ 28 para.
2. processors shall report whether or not) be published in electronic form in a way
allowing remote and 24/7 access to 30. June regular
year for the past year.
(3) the content of the annual report sets out the Ministry decree.
(4) this provision shall not affect the legal provisions laying down
the obligation to conceal certain information and data or the right is
publish. ^ 17a)
17A) for example, Act No. 148/1998 Coll., on the protection of classified information
and amending certain laws, as amended, regulation
Government No. 246/1998 Coll., laying down the lists of classified
the facts, as subsequently amended, Act No. 106/1999 Coll., on the
free access to information, as amended. ".
24. in paragraph 23 (b)) shall be deleted.
Subparagraph (c)) and (d)) shall become point (b)), and (c)).
25. in section 24 paragraph 2 reads as follows:
"(2) the restriction of five and ten per cent referred to in paragraph 1 (b). and) do not apply
for the use of government budgetary reserve budgeted in Chapter General
cash management and Treasury Operations for chapters financial assets and
The State debt. ".
26. in § 25 para. 1, point (c)) shall be deleted.
Subparagraph (d)), and (e)) shall become points (c) and (d)).)
27. in § 25 para. 2, the words "and (d)) shall not apply ' shall be replaced by"
does not apply ".
28. in paragraph 26, point (f)) repealed.
Subparagraph (g))) to (i) shall become points (f) to (h)).)
29. in section 29 para. 1 the words "the preceding financial" shall be replaced by
"the past".
30. In § 30 paragraph 2. 4 the first sentence, the words "the preceding financial"
shall be replaced by the word "last".
31. in section 29, the following paragraph 4 is added:
"(4) the State final account when it shall take note of the Chamber
the Chamber of Deputies, the Ministry shall publish in electronic form in a way
allowing remote and continuous access. ".
32. In section 30 is at the end of paragraph 4, the following sentence "after this discussion
It shall publish, in electronic form in a manner allowing remote and
24/7 access. ".
33. In § 34 paragraph 1. 4, the second sentence shall be deleted.
34. In article 36, paragraph 3 reads:
"(3) the part of a State-owned financial assets is a special retirement account
insurance, on which the Ministry for each year in which the income of the
premiums to the pension insurance including income penalties and fines
accrued pension insurance higher than expenditure on benefits
pension insurance including the costs connected with the choice of
pension insurance and pension insurance benefits payment, transferred from
the State budget an amount equal to the difference of revenue and expenditure.
The funds in this account can be used only on the expenditure on pension benefits
insurance and transfers back to the State budget to cover the negative
the difference of revenue and expenditure. The Ministry shall determine the method of calculating the
the difference of the income and expenditure of the Decree. "
35. In § 38 paragraph 1(a). 2, the words "including periodic penalty payments ' shall be deleted and the end of the paragraph
the sentence "is added to the finance charge memo is liable to the State budget [§ 6
paragraph. 1 (b). n)].".
36. In § 39 para. 2, after the word "regulation" is a reference to a note below the
line # 22).
37. In paragraph 39, the following paragraph 3 is added:
"(3) the chapter Administrator continuously monitors and evaluates the efficiency,
efficiency and effectiveness of expenditure in their chapter. If
the founder of the organizational units of the State or subsidized organizations or
the function of the founder, carries out acts in its proceedings to
expenditure was the most economical, the most effective and
the most practical. The results of the monitoring and evaluation of the economy,
the effectiveness and efficiency of expenditure in its annual report
(§ 21). ".
38. section 44 reads as follows:
"§ 44
(1) violation of the budgetary discipline is
and unauthorized use of funds) of the State budget and other
the funds of the State,
(b)) the unauthorized use or interception of funds provided by the
from the State budget, the State Fund, national fund or State
financial assets the recipient,
(c)) the non-removal allowance organizations pursuant to § 53 para. 6,
(d) the non-removal of the founder) pursuant to § 54 para. 3,
(e)) the non-levy assessed the founder of contributory organization
pursuant to § 54 para. 3,
(f) the provisions of § 45) infringement of paragraph 2(b). 2 organizational State
(g)) the non-levy pursuant to § 45 para. 10 and § 52 para. 4.
(2) for the purposes of penalties for the unauthorized use of funds
the State budget and provided from the State budget and management
charges for the unauthorized use of the funds of the State
the budget and provided from the State budget to be broken down to
and the means of the State budget) covered the resources from the budget of the European
In addition to the resources of the Union-backed National Fund,
b) funds provided from the State budget funds from the covered
budget of the European Union in addition to the resources of the National Fund, covered
(c) the means of the State budget) covered the funds from the National Fund,
d) funds provided from the State budget funds from the covered
The National Fund,
(e) the means of the State budget on) pre-financing of expenditure to
be covered from the budget of the European Union funds,
f) funds provided from the State budget on pre-financing
the expenditure to be covered from the budget of the European Union funds,
g) other resources of the State budget,
h) other funds provided from the State budget.
(3) funds
and, pursuant to paragraph 2 (e)). a), c) and (e)), means monetary resources
the State budget for such organizational component of the marked State, which
It is in your budget expenditure budgets,
(b) pursuant to paragraph 2 (e)). (b)), d) and (f)), means monetary resources
issued by the departments of State, who is behind such marks,
(c) under paragraph 2 (b)). (g)), means monetary funds
the budget other than in accordance with paragraph 2 (a). a), c) and (e)),
(d) under paragraph 2 (b)). h) means the funds provided by the
from the State budget, other than in accordance with paragraph 2 (a). (b)), d) and (f)).
(4) the organisational unit of the State marks for cash
and, pursuant to paragraph 2 (e)). and the funds budgeted) in its
budget expenditure at a level in which your revenue account State
the budget funds from the budget of the European Union in addition to the funds from the
The National Fund, which is the law of the European Community, are intended to
its certain expenses, or the amount of already announced her chapter, Manager
(b) pursuant to paragraph 2 (e)). b) funds under (a)), which
provided,
(c) under paragraph 2 (b)). (c) the funds budgeted) in its
budget expenditure at a level in which your revenue account State
the budget funds of the National Fund, or of her already
Chapter administrator, announced
(d) under paragraph 2 (b)). (d)) the funds referred to in subparagraph (c)), which
provided,
e) referred to in paragraph 2 (a). e) funds in the amount of which is based on
the legal act of the European communities may receive on your receipt account
the State budget funds from the budget of the European Union, which
the law of the European communities are intended as a replacement for its specific
expenses, or the amount of already announced her chapter, Manager
f) pursuant to paragraph 2 (a). (f)) the funds referred to in subparagraph (e)), which
It has provided.
(5) the administrator shall notify the chapter organization state that part of the cash
the funds budgeted in its expenditure budget are money
resources
and, pursuant to paragraph 2 (e)). and), and of this section, if the received
its revenue account of the State budget funds from the budget
The European Union in addition to the funds from the National Fund, which are rightly
Of the European Community or its decision intended to certain expenses
This organizational units of the State,
(b) pursuant to paragraph 2 (e)). (c)), and the amount of that part, if received on the
its revenue account of the State budget funds from the national
the Fund, which is the law of the European Community or its decision
intended for certain expenses of the organizational units of the State,
(c) under paragraph 2 (b)). (e)), and the amount of this section, if it is referred to in
the agreement with the European communities or other legal instruments may receive on the
its revenue account of the State budget funds from the budget
The European Union, which are the law of the European Community or its
the decision arrived at on certain expenses of the organizational units of the State.
(6) the branch of law that provides subsidies or repayable
financial assistance under section 14 to the costs that are to be wholly or partly
financed by the funds referred to in paragraph 2 (a). (b)), d), or (f)),
the decision shall be based on the regulations of the European communities, how many
These funds shall be [section 14, paragraph 3 (b), (h))]. ".
39. in paragraph 44, the following new section 44a, which including the footnotes No.
23), 24) and 24a) is added:
"§ 44a
(1) the branch of the State that violated budgetary discipline, it is
required to carry through the locally competent Tax Office
discharge for violation of budgetary discipline to
and, if the national budget) violated budgetary discipline
1. pursuant to section 44 para. 1 (b). and) by illegally used the money
the resources of the State budget in accordance with § 44 para. 2 (a). (g)),
2. According to § 44 para. 1 (b). and) by illegally used the money
its off-budget funds,
3. According to § 44 para. 1 (b). c) to (g)),
(b)) the State Fund, if violated budgetary discipline under section 44 para.
1 (b). (b)) by improperly used or retained funds
provided from the State Fund, ^ 23)
(c)) Government financial assets, if violated budgetary discipline in accordance with
§ 44 para. 1 (b). and) by illegally used funds
State financial assets, or if the violated budgetary discipline
According to § 44 para. 1 (b). (b)) by improperly used or retained
funds provided from State financial assets,
(d)) the National Fund, if violated budgetary discipline in accordance with § 44
paragraph. 1 (b). (b)) by improperly used or retained cash
the resources under section 44 para. 2 (a). (c)), or (e)),
e) their reserve fund, if violated budgetary discipline under section
44 para. 1 (b). and) by illegally used funds
the State budget pursuant to § 44 para. 2 (a). and).
(2) an organization that violated budgetary discipline in accordance with § 44
paragraph. 1 (b). and) or (c)), is required to carry through a locally
the competent tax authority discharge for violation of budgetary discipline to
the State budget.
(3) a natural person or a legal person, other than a State that violated the
budgetary discipline, it is required to carry through a locally
the competent tax authority discharge for violation of budgetary discipline to
and, if the national budget) violated budgetary discipline in accordance with § 44
paragraph. 1 (b). (b)) by improperly used or retained cash
the resources under section 44 para. 2 (a). (h)),
(b)) the State Fund, if there is no State Fund and has violated the budget
discipline under section 44 para. 1 (b). (b)) by improperly used or
the funds provided have detained from the State Fund,
(c)) Government financial assets, if violated budgetary discipline in accordance with
§ 44 para. 1 (b). (b)) by improperly used or retained cash
funds provided from State financial assets,
(d)) the National Fund, if violated budgetary discipline in accordance with § 44
paragraph. 1 (b). (b)) by improperly used or retained cash
funds provided from the National Fund, or by improperly
used or retained funds in accordance with § 44 para. 2 (a). (d))
or (f)),
e) reserve fund organizational units of the State, which gave her a grant
or repayable financial assistance, if violated budgetary discipline
According to § 44 para. 1 (b). (b)) by improperly used or retained
funds pursuant to § 44 para. 2 (a). (b)).
(4) Removal for violation of budgetary discipline shall be
and in the event of unauthorized use) of funds subsidies, not containing
resources from the European Union, which was the only non-compliance with the conditions
that were in the decision to grant is earmarked as a less serious (§ 14
paragraph. 5), 5% of the total amount of the subsidy; the same applies in the case of
unauthorized use of such subsidies, which was exclusively
failure to comply with the conditions laid down, which was mentioned in the decision on the
the subsidy as well as less serious (§ 14 (5)),
(b)) in the case of unauthorized use of funds grants containing
resources from the European Union, in the decision on which they were listed one or
more amounts per cent (§ 14 para. 6), the percentage of the total amount
subsidies in each case referred to in the decision; When
unauthorized use of the grant funds, which the non-compliance is more
conditions, in respect of each of which is in the decision put the percentage amount
or which is more of a failure to comply with the conditions, each of which is in
the decision shows the percentage amount is a percentage of the amount added up, but
discharge for violation of budgetary discipline cannot be higher than the total amount
of the grant,
(c)) in other cases, the amount which has been violated budgetary discipline.
(5) compliance with the obligation To perform the removal for violation of budgetary discipline,
which is the unauthorized use of the resources of returnable financial assistance,
includes the installment of this bailout made after the date of breach of
budgetary discipline.
(6) an unauthorized use of subsidies or repayable financial
the bailout, which included resources according to § 44 para. 2 (a). (b)),
d) or (f)), or in apprehending such returnable financial assistance is
discharge for violation of budgetary discipline divides the drainage for the State budget
and for the organizational units of the State Reserve Fund, that subsidy or
repayable financial assistance provided, or for the National Fund in the same
proportion as these subsidies or repayable financial assistance was of the
These resources consist of [section 14, paragraph 3 (b), (h)) and § 44 para. 6].
If the infringer received budgetary discipline for the same purpose more subsidies or
returnable financial assistance, calculated the ratio of the total amount,
and that, at the date of any unauthorized use.
(7) for delay with removal for violation of budgetary discipline in accordance with paragraph 4
(a). (b)), and (c)) is an infringer of budgetary discipline required to pay a penalty
the rate of 1 per mille of the amount of the levy per each day of delay, up to a
the amount of this levy. The finance charge shall be calculated from the day following the date on which the
There has been a violation of budgetary discipline, until the day when the funds have been removed
or returnable financial assistance returned. The recipient of the finance charge is
the same outlet as the recipient, except in cases where the recipient of the levy is
The National Fund. In these cases, is the recipient of the periodic penalty payment the State budget [§
6 (1). 1 (b). n)] periodic penalty payments in individual cases shall not exceed
$500, shall.
(8) the administration of dues for violation of budgetary discipline and penalties shall exercise
the territorial financial authorities ^ 24) under special legislation. ^ 24a)
Levy and penalties shall be applied within ten years from the 1. January of the year following
After a year in which there has been a violation of budgetary discipline.
(9) a waiver or partial waiver of liability for breach of
budgetary discipline in accordance with paragraph 4 (b). and may allow locally)
relevant financial directorates. A waiver or partial waiver
liability for violation of budgetary discipline in accordance with paragraph 4 (b).
(c)) or may allow the Ministry of finance charge except for removal of unlawfully
used or withheld funds pursuant to § 44 para. 2 (a).
a) to (f)) and penalties for delay with him and with the exception of removal of unlawfully
used or withheld money provided from the national
the Fund and the penalties for delay with him.
(10) for a waiver or partial waiver of removal for violation of budgetary
discipline or finance charge may apply to any natural person, legal person, or
the branch of the State, which is a violation of budgetary discipline.
The tax Directorate of the Ministry or the application is made
through the territorial financial authority that this levy or
periodic penalty payments imposed.
23 for example, § 2 (2)). 2 of Act No. 104/2000 Coll. on the State Fund
transport infrastructure and on the amendment of Act No. 171/1991 Coll., on the scope of the
the authorities of the Czech Republic in matters relating to transfers of property to the State on the other person, and
the national property Fund of the Czech Republic, as amended
the regulations, as amended by Act No. 480/2004 Coll.
24) Law No 530/1990 Coll. on territorial tax authorities, as amended by
amended.
24A) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended. ".
40. In article 45, paragraph 5 the following paragraph 6 is added:
"(6) the Ministry shall set up the account on which the concentrates, if provided for by
a special law, the money taken for the sale of government bonds
and from which shall be paid by the loss of the Czech consolidation agency. ".
Paragraphs 6 to 11 shall become paragraph 7 to 12.
41. In section 45 at the end of paragraph 4, the following sentence "the balances of these accounts
The Czech National Bank (§ 33 paragraph 3) always converts to 31. December on
the appropriate account in the State-owned financial assets. ".
42. section 47 reads as follows:
"§ 47
The branch of the State can at the end of the year to transfer from the State
the budget to their reserve fund an amount equal to the difference between your
budget expenditure adjusted for the budgetary measures taken in accordance with paragraph 23 of the
(a). and reduced by-bound), the resources of the State budget in accordance with article 23 of the
(a). (c)) and increased by the amount by which the Organization was the State
over-budget spending allowed under section 23 (a). (b)), and its
the real budgetary expenditure effected for the entire year. This does not apply
for the expenditure of cash management and General chapters of the national debt. The provisions of the
§ 46 para. 2 (a). and is not affected by this provision). ".
43. In paragraph 48, paragraphs 2 to 6, including footnote # 25b) are added:
"(2) the source of the reserve fund are
and funds provided from abroad) and monetary gifts,
(b)) used or seized illegally payments of funds
According to § 44 para. 2 (a). a) and b) and penalties for late payment with them,
c) proceeds from the sale of property that the organisational unit of the State became
as a gift or inheritance,
(d) the Ministry of defence) receipts from the sale of property to the State, with which it is
the manage this Ministry,
e) funds transferred pursuant to section 47.
(3) of the State funds in the reserve fund be broken down according to the
of origin, on the
and funds provided from abroad) and monetary donations, and that further
1. the resources made available to it to a certain purpose, and in accordance with the
for these purposes,
2. the resources made available to it without putting the purpose,
(b)) used or seized illegally payments of funds
According to § 44 para. 2 (a). a) and b) and penalties for late payment with them; These
charges and penalties to be broken down according to the original purposes; the original purpose of the
means the purpose for which the Organization has identified the subsidy or
returnable financial assistance, in the use of their recipients
have violated budgetary discipline and for that into its reserve fund these
payments made and the penalties paid,
c) proceeds from the sale of property that were acquired for the Czech Republic
the branch of the State as a gift or inheritance,
(d) revenue from the sale of assets), with which it was competent to manage
The Ministry of defence,
e) funds transferred under section 47; These resources are further subdivided according to the
What has been budgeted, before converting to
1. the appropriations intended for the financing of programmes (section 13 (3)) and at the same time
to the financing of programmes or projects co-financed by the budget
The European Union,
2. the appropriations intended for the financing of programmes (article 13, paragraph 3) with the exception of
the means referred to in point 1,
3. the resources intended for the financing of programmes or projects
financed by the budget of the European Union with the exception of devices referred to in
point 1,
4. social benefits,
5. the appropriations intended for payment of the damages caused by accidents,
6. other.
(4) the resources of the Reserve Fund uses the organizational component State
that
and) means referred to in paragraph 3 (b). and) were provided on
particular purpose, used for this purpose and the resources that have been
supplied without putting the purpose, used to spending on a budget
unsecured operating needs and expenditure, which in exceptional cases
enables the Government,
(b)) means referred to in paragraph 3 (b). (b)) used on subsidies and returnable
the original purpose of the bailout,
c) resources under paragraph 3 (b). (c) expenditure on) uses the reproduction
assets,
d) resources referred to in paragraph 3 (b). (d) the Department of Defense uses)
expenditure on property, reproduction
e) resources referred to in paragraph 3 (b). e) points 1 to 5 of the same purposes, and
the same programmes and projects and the resources referred to in paragraph 3 (b). section 6 (e))
the budget expenditure for the operational needs of the unsecured and the expenses that
in exceptional cases, the Government will allow.
(5) paragraph 4 is without prejudice to the specific provisions which expenditure
organisational units of the State limit. ^ 25b)
(6) Reserve Fund of Funds intended for the financing of the programmes and the
financing of programmes or projects co-financed by the budget of the
The European Union, which on these programmes and projects have not been applied in accordance with
paragraph 4 (b). (e)), the branch of the State returns no later than
the time limits of financial settlement with the State budget for the year in which it was
program or project is completed.
25B), for example, Government Regulation No. 447/2000 Coll., on how to regulate
the amount of money spent on salaries and remuneration for work
emergency room workers, to be paid under the Act on salaries and remuneration for
stand-by duty in budgetary and certain other organizations and
bodies. ".
44. In § 49 paragraph 1. 2 the third sentence, after the words "cards" the words that
including footnotes. 26a) shall be added: "the case of advances provided to
the fulfilment of the obligations imposed by the special legislation ^ 26a).
for example, section 26A) 151 paragraph 1. 3 of the code of criminal procedure § 140 para. 2 and § 338i
paragraph. 5 ZPO and § 71 para. 6 of the commercial code. ".
45. In § 52 para. 1, after the word "bank", the words "or, if
These units abroad, foreign banks ".
46. In § 53 para. 3, the words "pursuant to § 57 para. 2 ' shall be deleted.
47. In § 53 para. 6 is the numeral "3" is replaced by "10".
48. In § 57 para. 2 (c)) shall be deleted.
Subparagraph (d)) to (f)) shall become points (c) to (e)).)
49. In § 57 para. 2 (a). (c)), the numeral "4" is replaced by "2".
50. in paragraph 57, the following paragraph 5, including the footnotes.
28A):
"(5) if the increased or reduced the status of assets having the nature of inventory,
receivables and financial assets ^ 28a) and at least 2 years is particularly
does not change the amount of this, you can increase or decrease to increase or decrease
Fund the current assets in the financial liabilities and about the same amount in liabilities
reduce or increase the reserve fund.
28A) sections 11 to 13 of the Decree No 505/2002 Coll., which implements certain
the provisions of Act No. 563/1991 Coll., on accounting, as amended
regulations for the business units are territorial self-governing units,
příspěvkovými organisations, State funds and departments
State. ".
51. In article 59 paragraph 2. 2, after the word "paid" is inserted after the word "priority".
52. In § 68 para. 4, the word "law" is replaced by "law".
53. In paragraph 3 of section 70, including footnote No. 30a) reads as follows:
"(3) the funds from the indemnity for each insurance
event ^ 30a) can the organizational component of the State, which at the time of their adoption
the damage caused by the insured event has not yet failed, use [section 25
paragraph. 1 (b). (b))] only on their remuneration. If at the time of their adoption
these damages have not yet disbursed only in part, it is to cover the remaining part of the
the damage and the rest of the expenses due to the payment of part of the harm could
to take place. If at the time of their adoption, the damage has already paying in full,
It is on the expenditure for payment of the damages could not, in the
the full amount. It's for these funds is true even after they had been referred to in
§ 47 transferred to the Reserve Fund [section 48, paragraph 4 (b), (e))].
30A) § 788 of the civil code.
section 2 (a). with) of Act No. 363/1999 Coll., on insurance and amending
some related laws (Act on insurance). ".
54. section 71:
"§ 71
Conferences and other professional events
(1) of the State or an organization may cover
expenses associated with the participation of their staff at professional conferences and
other industry events (hereinafter referred to as "the Conference"), if their program
relates to the activities of the organizational units of the State or the contributory
the organization. This cover does not apply to section 66.
(2) organizational component of the State or an organization may be
the organizer of the Conference, whose budget is balanced with the contributions of the participants.
(3) with the approval of its governing body or of the person who carries out the function of
(hereinafter referred to as "the founder"), may be the State or organizational unit
an organization by the organiser or co-organiser of an international
Conference or a conference with foreign participation organized on the basis of
the articles of association or any other binding document international organization of which it is
Czech Republic is a member, or the credentials of international organisations (hereinafter referred to as
"the International Conference"). Budget International Conference may not be
compensated by the contributions of the participants.
(4) the expenses of the organisational units of the State at the International Conference, which
are greater than 500 000 CZK, organisational unit of the State must include in
design your budget as a binding indicator. The founder, if these
spending at this rate in the draft budget be approved, their classification as
the binding preserves the pointer. It is equally as binding indicator
preserves the Government, if it is in the draft State budget presented
The Chamber of deputies will not reduce the amount of 500 EUR or less. Expenditure
organisational units of the State of each chapter on the International Conference
that each of them is 500 USD or less, in the draft budget
of this chapter are summed, and if this sum is more than 500 000 CZK
Chapter administrator, it shall be included in the draft budget of the chapter as a binding
pointer. If the Government presented in the draft State budget
The Chamber of deputies will not reduce that amount to $500 000 or less, the
the inclusion in the proposal as to the mandatory indicators. If a
the need for the payment of the share of participation of organizational units of the State or the contributory
the Organization, which could not be budgeted, approves budget
measures that protect the funds available to the Government. ".
55. section 73 read as follows:
"§ 73
The provision of State guarantees
(1) the Czech Republic provides a State guarantee, only if so provided by
a special law.
(2) the Ministry shall set up a Fund of State guarantees. When drafting
the law on the State budget census of all payments, representing
realization of State guarantees, which would be in the next year could be required to,
and for each of the estimates the probability that it will have to actually perform.
The draft law on the State budget to the budget of expenditure for each
the amount of this payment in the amount of so many percent of this payment,
This probability is kolikaprocentní. Converts from next year
the State budget to fund State guarantees the amount that is the total of
all of these amounts.
(3) expenditure on implementation of State guarantees is performed by the Ministry so that the
the amount you have to pay to the creditor, it converts from a pool of State guarantees to the
the revenue of the State budget, it exceeds the budget for expenditure and spending
the State budget by paying it. ".
Article II
Transitional provisions
1. Legal relationships arising in accordance with the budgetary rules, effective until the date of
entry into force of this Act from the unauthorized use or retention of
money provided before the date of entry into force of this
the law shall be judged according to the existing legislation.
2. cash resources that are in organizational units of the reserve
State until the date of entry into force of this law, even after the date of acquisition
the effectiveness of this law shall be applied in accordance with the existing legislation.
Article. (III)
Authorization to release the full text of the Act
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
budgetary rules, as is apparent from later laws.
PART TWO
Amendment of the Act No. 389/1991 Coll., on the State Environmental Fund of the Czech
of the Republic of
Article IV
Law No 388/1991 Coll., on the State Environmental Fund of the Czech
Republic, as amended by Act No. 337/1992 Coll. and Act No. 254/2001 Coll.,
under section 2 of the following new paragraph 2a, including footnote No. 7a) is inserted:
"§ 2a
The Budget Of The Fund
The Fund builds on each financial year its budget proposal in at least
the range of total revenue and total expenditure and shall submit it to the Government always
until 31 December 2006. of August. The Government shall submit the draft budget to the Fund after any
the changes that it will carry out, together with a draft of the State budget on the
that same year, the Chamber of Deputies for approval. The Fund in its draft
determine your total expenditure as the amount which he announced
the chapter by a special Act Manager. ^ 7a) in the framework of this
It also sets out the amount, the amount that will participate in the financing of the
programmes or projects co-financed by the European Union budget.
§ 8b paragraph 7A). 3 of law No. 218/2000 Coll. on budgetary rules and the
changes to some related acts (budgetary rules), as amended by
Act No. 480/2004 Coll. ".
PART THREE
Amendment of the Act No. 211/2000 Coll., on the State housing development fund
Article. In
In section 5 of the Act No. 211/2000 Coll., on the State Housing Development Fund and amending
Act No. 171/1991 Coll., on the scope of the authorities of the United Kingdom in matters
transfers of property to the State on the other person and the national property Fund of Czech
Republic, as amended, paragraph 1 including the notes below
line no. 2a) reads as follows:
"(1) the Fund shall draw up, for each calendar year a draft budget,
by Government Minister by 31. of August. The Government shall submit the proposal
the budget of the Fund, after any changes that it performs, along with
the draft of the State budget in the same year for the approval of the
the Chamber of Deputies. The Fund in its draft budget establishes your total expenditure as a
the amount that he announced the chapter as administrator of the Special
^ 2a) Act.
§ 8b paragraph 2A). 3 of law No. 218/2000 Coll. on budgetary rules and the
changes to some related acts (budgetary rules), as amended by
Act No. 480/2004 Coll. ".
PART FOUR
Amendment of the Act No. 104/2000 Coll. on the State Fund of transport infrastructure
Čl.VI
Act No. 104/2000 Coll. on the State Fund of transport infrastructure and the
Amendment of the Act No. 171/1991 Coll., on the scope of the authorities of the Czech Republic in
matters of transfers of assets to other persons and the national property Fund
The Czech Republic, as amended, is hereby amended as follows:
1. in article 2, the current text shall become paragraph 1 and the following
paragraph 2, which including the footnotes # 3a) up to 3 c) is added:
"(2) the funds for the purposes referred to in paragraph 1 the Fund transfers
organizational folders State, State contribution organisations or
governmental organizations that manages state assets having the nature of
transport infrastructure, ^ 3a) regions, ^ 3b) the persons to whom the State has transferred
the performance of some of his rights as the owner of this asset by
a special legal regulation, ^ 3 c) and other persons carrying out
construction, modernization, repair and maintenance in accordance with paragraph 1.
3A) to section 20 of Act No. 77/2002 Coll., on the Czech railways, joint-stock company
the State Organization railway transport route and on the amendment of Act No.
266/1994 Coll., on rail, as amended, and Act No.
77/1997 Coll., on State enterprise, as amended. § 9 para.
1 the first sentence of the law No. 13/1997 Coll. on road traffic, as amended by
Act No. 132/2000 Sb.
3B) § 9 para. the second sentence of the law No. 13/1997 Coll., as amended by Act No.
132/2000 Sb.
3 c) § 18a 18f to Act No. 13/1997 Coll., as amended by law no 256/2002
Coll. ".
2. in § 5 para. 1, the words "to discuss government and" shall be replaced by "the Government of the
always to 31. of August. The Government shall submit the draft budget to the Fund after any
the changes that it makes ".
3. In article 5, paragraph 1, the following paragraph (2), including notes
footnote No. 5a):
"(2) the Fund in its draft budget establishes your total expenditure as a
the amount that he announced the chapter as administrator of the Special
Bill. ^ 5a) in the framework of this amount it provides also the amount
will participate in the financing of programmes or projects co-financed by the
budget of the European Union.
§ 8b paragraph 5a). 3 of law No. 218/2000 Coll. on budgetary rules and the
changes to some related acts (budgetary rules), as amended by
Act No. 480/2004 Coll. ".
Paragraphs 2 to 6 shall become paragraphs 3 to 7.
PART FIVE
Amendment of the Act No. 257/2000 Coll., on the State agricultural intervention fund
Article. (VII)
Act No. 257/2000 Coll., on the State agricultural intervention fund, and
amendments to certain other laws (the law on the State farm
the intervention fund), as amended by Act No. 128/2003 Coll., Act No. 41/2004
Coll., Act No. 85/2004 Coll. and Act No. 235/2004 Coll., is amended as follows:
1. In section 4, paragraph 4. 1 (b). a), the words "Ministry of finance" shall be replaced by
the word "Government".
2. In section 6a of paragraph 1. 6, the words "common market organisations under a special
^ law 1e) "shall be replaced by the words" the activities pursuant to § 1 (1). 2. "
3. in paragraph 6b shall be added to § 6 c, including footnote No 6 d)
added:
"section 6 c
The Budget Of The Fund
The Fund shall draw up for each financial year and shall submit their draft budgets
it through the Ministry of the Government by 31 December 2005. of August. The Government of the
a proposal for the budget of the Fund after any changes in it
performs, together with a draft of the State budget in the same year for approval
The Chamber of Deputies. The Fund in its draft budget establishes your overall
expenses such as the amount that he announced the chapter as administrator
Special Act. ^ 6 d)
§ 8b paragraph 6 d). 3 of law No. 218/2000 Coll. on budgetary rules and the
changes to some related acts (budgetary rules), as amended by
Act No. 480/2004 Coll. ".
4. In section 9a (a). (c)), the words "after the approval of the State budget on the
the year in the budget of the Fund "shall be replaced by" to submit it to the Government in
the time limit under § 6 c ".
5. in the § 11a paragraph 9 and 10, including footnote No 9b) are added:
"(9) reimbursement and penalty saves the Fund decision is enforced, and shall be
other measures representing their administration.
(10) The procedure laid down in paragraphs 1 to 9 shall not apply to the budgetary
^ Rule 9a) in the event of unauthorized use of funds from the
subsidies that are fully or partially covers the resources received from the
The National Fund, and the detention of those devices intended to return when
the Bill shall apply budgetary rules and the law on the administration of taxes and
fees. Administration of the levy for breach of the budgetary discipline that is required to
make the recipient of the subsidy wholly or partly covered the funds received
from the national pool that this subsidy or its part wrongly used,
and penalties for delay with him shall be governed by the law on the administration of taxes and fees and
It is exercised by the territorial financial authorities. The obligation to carry out this evacuation, and
to pay this penalty and its performance shall be governed by the budgetary rules ^ 9a) and
Similarly, governed by their provisions applying to improperly used
the funds covered completely or partially from the resources of the national
the Fund, which provides State budget. ^ 9b) income referred to in paragraphs 1 and 2
the Fund, which, however, entails a proportion of returned subsidies equivalent
part of covered funds received from the National Fund carries no
undue delay to this Fund. It proceeds by analogy with the
the provisions of the financial rules applicable to the illegally used
the funds covered completely or partially from the resources of the national
the Fund, which provides State budget. ^ 9b)
9B) § 44 of Act No. 218/2000 SB., as amended by Act No. 480/2004 Coll. ".
PART SIX
Amendment of the Act No. 77/1969 Coll. on the State Fund for the fertilization of the soil
Article. (VIII)
section 3 of the Act No. 77/1969 Coll. on the State Fund for the fertilization of the soil, including
footnote # 1):
"§ 3
Each year, the Fund Manager shall draw up the budget and the accounts of the Fund, which
shall submit to the Ministry of Finance within the time limits laid down for the production
the State budget and State accounts for consideration. The budget and
accounts of the Fund attaches to the Ministry of finance and State budget proposal
the State of the final account of the present Government. The Government shall submit the proposal
the budget of the Fund, after any changes that it makes to the approval of the
The Chamber of Deputies. The Fund Manager shall establish the draft budget of the Fund of its
the total expenditure amount, which was announced by the competent administrator
Chapter by a special Act. "^ 1") at the same time, the closure shall submit to the
evaluation of the Fund Manager's investment fund.
1) § 8b paragraph. 3 of law No. 218/2000 Coll. on budgetary rules and the
changes to some related acts (budgetary rules), as amended by
Act No. 480/2004 Coll. ".
PART SEVEN
cancelled
Article. (IX)
cancelled
PART EIGHT
Amendment of the Act No. 241/1992 Coll. on the State Fund of culture of the Czech Republic
Article. X
Act No. 241/1992 Coll. on the State Fund of culture of the Czech Republic, is amended
as follows:
1. In paragraph 6 of paragraph 2, including footnote No. 1a) is inserted:
"(2) the Fund shall submit the draft budget of the Ministry of finance to the Government always to
August 31, the following modification that modifies,
be submitted together with the draft State budget for the approval of the
the Chamber of Deputies. The Fund Manager shall establish the draft budget, its overall Fund
as the amount of the expenditure under the special law. "^ 1a)
§ 8b paragraph 1A). 3 of law No. 218/2000 Coll. on budgetary rules and the
changes to some related acts (budgetary rules), as amended by
Act No. 480/2004 Coll. ".
2. In paragraph 6 to the beginning of paragraph 3 the following sentence "the accounts of the Fund
annexed to the State of the final account. ".
PART NINE
Amendment of the Act No. 239/2001 Coll., on the Czech consolidation agency
Article. XI
Act No. 241/2001 Coll., on the Czech Consolidation Agency and amending
to certain acts (the Act on the Czech Consolidation Agency), as amended by law
No 15/2002 Coll., Act No. 126/2002 Coll. and Act No. 256/2004 Coll.,
be amended as follows:
1. In paragraph 3, the following paragraphs 4, 5 and 6 are added:
"(4) for consideration to acquire new assets, the Agency may until 31 December 2006. December 10, 2005. With
the exception of the assets resulting from the acquisition consideration is already taken
legal acts before the date of entry into force of Act No. 480/2004 Coll., and with
excluding the acquisition of assets in the context of risk management and liquidity and the
obtaining resources on the financial market, the Agency may only do so on the
the basis of the decision of the Government or on the basis of the consent of the Chamber of Deputies
in accordance with paragraph 5.
(5) in the event that the consideration for the acquisition of the assets of the Agency in the
previous úplatami made according to the decision of the Government according to the
paragraph 4 in one calendar year exceeded 1 billion. CZK,
to perform such a commercial operation consent Chamber of Deputies.
(6) the acquisition of assets by the Agency in accordance with paragraphs 4 and 5, § 7 (2). 3
(a). a) and b) and § 12 para. 2 (a). (b) the part of the sentence after the semicolon)
not apply. ".
2. In article 12 paragraph 2. 2 at the end of the dot is replaced by a comma and the following
subparagraph (c)), which read as follows:
"(c)) for approval to the Agency acquiring the assets pursuant to § 3 (2). 4. ".
3. under section 12, the following paragraph 12a is inserted:
"§ 12a
Relationship to the Chamber of Deputies
The Government shall submit to the Chamber of Deputies for approval for acquisition of assets
According to § 3 (2). 5. ".
4. In paragraph 20, the number of "2011" is replaced by "2007".
5. in section 29 is the numeral "2011" is replaced by "2007".
PART TEN
Amendment of the Act No. 90/1995 Coll., on rules of procedure of the Chamber of Deputies
Article. (XII)
In § 50 para. 1 of law No. 90/1995 Coll., on rules of procedure of the
the Chamber of Deputies, as amended by law No 47/2000 Coll., Act No. 39/2001 Coll., Act
No 78/2002 Coll., Act No. 190/2002 Coll., Act No. 283/2004 Coll. and act
No 359/2004 Coll., the following letter zb), which read as follows:
"zb, on a proposal of the Government) approving the consideration for the acquisition of the assets of the Czech
consolidation agency in the event that the consideration for the transfer of such assets
in one calendar year exceeds 1 billion. CZK. ".
PART ELEVEN
Amendment of the Act No. 320/2001 Coll., on financial control in the public administration and the
amendments to certain acts (the Act on financial control)
Article. XIII
In § 7 para. 1 Act No. 320/2001 Coll., on financial control in the public
manage and on amendments to certain acts (the Act on financial control), as amended by
Act No. 309/2002 Coll., Act No. 320/2002 Coll., Act No. 123/2003 Coll.
and Act No. 426/2003 Coll., reads as follows:
"(1) the Ministry of finance as the central administrative authority for financial
control
and) methodically directs and coordinates the performance of financial control in the public
manage,
(b)) performs the function of a central harmonisation unit focusing on
harmonisation and methodological management of the performance of financial control in the public
manage,
c) established for the performance of the Central harmonisation units Department
the child directly to the Minister, which ensures its operational independence and
organizational separation from the management of executive structures. ".
PART TWELVE
The EFFECTIVENESS of the
Article. XIV
This Act shall take effect on the date of its publication.
Fort Worth Star Telegram in r.
Klaus r.
Gross v. r.
