120/2004 Sb.



LAW



of 20 December. February 2004,



amending Act No. 201/2002 Coll., on the Office of the Government representation in

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

amended, and Act No. 182/1993 Coll., on the Constitutional Court, in

as amended



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on the Office of the Government representation in property Affairs



Article. (I)



Act No. 201/2002 Coll., on the Office of the Government representation in matters of

property, is amended as follows:



1. In article 6 (1). 2, the words "by agreement" shall be replaced by the words "in the case of

the procedure ".



2. In part one for title VI the following new title VII, including

Title:



"TITLE VII



THE REPRESENTATION OF THE MUNICIPALITIES OF



§ 13a



(1) the authority shall, in the cases and under the conditions laid down by this Act may

to provide legal assistance to municipalities representing communities in control

before the Court.



(2) legal assistance referred to in paragraph 1, the Office may provide only in the proceedings,

that is against the village claim to determine the ownership of the

real estate or its accessories which the municipality has acquired from the State, or

eligible for clearing this property.



(3) legal assistance referred to in paragraph 1, the authority shall provide the village free of charge.



§ 13b



Agreement on legal assistance in accordance with section 13a must be in writing and must

be marked with the assets of the municipality to which it is applied in the proceedings before the Court

claim.



§ 13 c



Legal aid may not be granted under section 13a,



and if the applicant is a State), a State organization or Land Fund,



(b)) if the authority in proceedings under section 3, 4, 6, 7, 9, 11 or section 13d,



(c) if the Office) performs in the procedure for the State as relevant organizational folder

(section 18, 19).



section 13d



(1) the authority may act in the procedure for determining the ownership of the asset

municipalities (section 13a (2)) in the State as the intervener ^ 8) next to the village,

where a State has a legal interest in the outcome of such proceedings. § 9 para. 2

for this case by analogy.



(2) the procedure referred to in paragraph 1 cannot be used



and) If a party to the proceedings, State organization or State Land Fund,

or



(b)) if the authority in proceedings under section 3, 4, 6, 7, 9 or section 11. ".



3. in § 14 para. 1 the first sentence of paragraph 15, para. 1 the first sentence and in § 16 para. 2

the words "and 13" shall be replaced by "13, 13a, 13b, and 13d".



4. in § 14 para. 3 and § 19 para. 4, the word "Director" shall be replaced by

"the Director General".



5. in article 16 paragraph 1. 4, after the words "practices and" following the word "to".



6. in section 17(2). 1 (b). a) after the word "exempt" is inserted after the word

"the General" and after the words "the authority and" shall be inserted the word "General".



7. In article 20 paragraph 2 reads as follows:



"(2) where this Act provides otherwise, means the matters relating to the

property, ownership of the State, the obligation of the State of a liability of the State

organization or assets of the village as well as cases where someone claims or disputes

This is a property, the ownership of the State, the State's commitment, the commitment of the

State organization or assets of the municipality. ".



8. in section 22 para. 2, the words "or are directly involved in the proceedings (section 11)"

replaced by the words "or are directly involved in the management or represents the municipality

under section 13a and 13b.



9. In article 24, paragraph 1 reads:



"(1) the performance of the activities of the Office of the hearing pursuant to § 3, 4, 6, 7,

13A, 13b or section 13d provides always the territorial departments (section 14), the

whose territorial jurisdiction is the seat of the competent organizational unit or municipality. ".



10. In § 24 para. 5, the words "Ministry of finance" shall be replaced by

"The Director General".



11. under section 25 shall be added to § 25a is inserted:



"§ 25a



(1) the municipality is required to provide a timely and fully Office information

information, documentation and assistance, necessary for the proceedings in which the Office

represents the municipality pursuant to the provisions of § 13a and 13b.



(2) the authority in a timely manner and fully inform the municipality about the course of the proceedings in the case, in

which the Office provides representation of the village according to the provisions of § 13a and 13b. ".



12. At the end of the text of section 27 shall be added the words ", and even remote access

the land registry data ".



PART TWO



To change the code of civil procedure



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. 50/1973 Coll., Act No. 20/1975

Coll., Act No. 135/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991

Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993

Coll., Act No. 171/1993 Coll., Act No. 114/1994 Coll., Act No. 152/1994

Coll., Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995

Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995

Coll., Constitutional Court published under no. 31/1996 Coll., Act No.

142/1996 Coll., Constitutional Court published under no. 269/1996 Coll.,

Act No. 202/1997 Coll., Act No. 227/1997 Coll., Act No. 15/1998 Coll.,

Act No. 91/1998 Coll., Act No. 167/1998 Coll., Act No. 326/1999 Coll.

Act No. 360/1999 Coll., Constitutional Court published under no.

2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No.

46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000 Coll., Act No.

155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No.

227/2000 Coll., Act No. 367/2000 Coll., Act No. 366/2000 Coll., Act No.

120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No.

273/2001 Coll., Constitutional Court published under no. 276/2001 Coll.

Act No. 311/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.

Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No. 202/2002 Coll.

Act No. 229/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll.

Constitutional Court published under no. 476/2002 Coll. and Act No.

88/2003, is amended as follows:



1. § 21a is inserted:



"§ 21a



(1) for the State before the Court acts



and) Office of the Government representation in property Affairs in cases

set out under a special legal regulation, ^ 55a)



(b) state the relevant organizational unit) under a special legal

Regulation in other cases.



(2) if the Acts before the Court for the State Office of the Government representation in

matters of property, this is before the Court on behalf of State employee classified

in the Office of the Government representation in property Affairs, responsible for its

by the Director General.



(3) if the Acts before the Court for the State of the State of the relevant

under special legislation, this is before the Court on behalf of the State

the head of the organizational units of the State or the employee's authorized operating

for this or other organizational units of the State.



(4) the provisions of § 21 para. 4 and 5 shall apply mutatis mutandis. ";"



2. section 21 c is deleted.



3. in section 24 para. 1, after the words "in accordance with § 26" the words "or under section

26A ".



4. under section 26 the following new section 26a, which reads as follows:



"§ 26a



(1) in the cases and under the conditions specified in the specific legal

the code ^ 55a) can be represented in the proceedings by the State, the municipality, for which prior

the Court acts, the Office of the Government representation in property Affairs.



(2) the representation referred to in paragraph 1 may be granted only to a State of procedural

power of attorney.



(3) if the State takes over the representation referred to in paragraph 1, acting on behalf of the State for

represented by the municipality employee classified in the Office of the Government representation in

property Affairs, responsible for the Managing Director. ".



5. § 48a para. 2, the words "paragraph. 2 "shall be replaced by" paragraph. 3. "



6. § 48e 48f is referred to as the section and the word "(§ 21 c)" shall be replaced by

"[section 21a, para. 1 (b). a)]".



7. section 241 is added:



"§ 241



(1) unless otherwise stipulated, shall be represented by the dovolatel

a lawyer or notary public. A notary may represent dovolatele only to the extent

their privileges provided for by specific legislation. ^ 57)



(2) paragraph 1 shall not apply,



and dovolatelem) where the natural person who has a legal education,



(b)) if the dovolatelem legal person, State, municipality or higher territorial

Government Unit, if it is for them the person referred to in section 21, 21a, or in the section

21B, which has a legal education.



(3) paragraph 1 shall not apply where, if the dovolatelem village, which

He represents the State under section 26a of the case on behalf of the State, as represented by the municipality

the person referred to in section 26a para. 3, which has a legal education.



(4) an appeal shall be drawn up, with the exception of the case referred to in paragraph

2 (a). and), lawyer, notary public or a person referred to in section 21, 21a, 21b,

or in section 26a para. 3, which has a legal education. ".



Article. (III)



Transitional provision



Code of civil procedure, as amended by this Act, shall apply to the management of

initiated prior to the effective date of this Act; the legal effects of the acts, which

in proceedings occurred before the date of entry into force of this Act, shall remain

preserved.



PART THREE



Amendment of the Act on the Constitutional Court



Article IV



In section 30 of Act No. 182/1993 Coll., on the Constitutional Court, as amended by Act No.

202/2002 Coll., on the end of the text of paragraph 2, the words "shall be added; This is true

even in the case where, under the conditions set out in the specific legal

the code ^ 2a) is a municipality in the control represented by the State, which before the constitutional

the Court acts, the Office of the Government representation in property Affairs ".



PART FOUR



The EFFECTIVENESS of the



Article. In



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



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