231/2002 Sb.
LAW
of 16 December 2002. May 2002,
amending Act No. 129/2000 Coll., on regions (regional establishment), in
as amended
Parliament has passed the following Act of the United States:
Article. (I)
Act No. 129/2000 Coll., on regions (regional establishment), as amended by Act No.
273/2001 Coll., Act No. 320/2001 Coll. and Act No. 450/2001, is amended
as follows:
1. paragraph 1 reads:
"§ 1
(1) region is a territorial community of citizens, which has the right to self-government.
(2) the County is a public corporation that has a custom property and the custom
income as defined by law and operate under the conditions provided for by law
According to its own budget. The County in legal relations with its
the name and the responsibility arising from these relations.
(3) the County is separately administered by the Government of the region (hereinafter referred to as
the "authority"); other authorities of the region are the County Council (hereinafter referred to as
"the Council"), the Governor of the region (hereinafter referred to as "Governor") and the regional office. Authority
the region is also a specific body region (hereinafter referred to as the "special authority"), established by
According to the law.
(4) the County takes care of the all-round development of their territories and the needs of their
citizens. ".
2. section 2, including footnote # 1):
"§ 2
(1) the Region manages its affairs independently (hereinafter referred to as "single
the scope of "). State authorities may interfere to separate the scope of
only if required by the protection of the law, and only in a manner that lays down the law.
A separate range of competence may also be restricted by law.
(2) State administration, whose performance has been entrusted by law to the authorities of the region,
institutions of the region as its devolved responsibilities (sections 29 and 30).
The County is in the exercise of State administration administrative circuit. The County is required to
to secure the performance of the delegated powers.
(3) in the exercise of individual and by protecting
the public interest.
(4) the Region ensures performance financial control according to the budgetary rules
local budgets and under special legislation. ^ 1)
1) Act No. 320/2001 Coll., on financial control in the public administration and the
amendments to certain acts (the Act on financial control) ".
3. paragraph 3 is deleted.
4. in paragraph 4, the words "a separate or" shall be deleted.
5. section 5 is added:
"§ 5
(1) a County may have the emblem and flag.
(2) the President of the Chamber of Deputies may region that does not have the character or
battalion, in its proposal for a character or a battalion of grant.
(3) the President of the Chamber of Deputies may, at the request of the County to change the character or
the banner County. ".
6. in paragraph 7, the words "in the exercise of State administration entrusted matters" shall be replaced by
the words "by" and after the word "it" with the following Word
"the County" and the word "empowered" shall be replaced by the word "empowered".
7. section 8 reads as follows:
"section 8
(1) generally binding decrees of the County must be in accordance with the laws and
Regulation of the County must be in accordance with the laws and regulations
issued by the Government and central administrative authorities.
(2) generally binding Decree of the County and the County Regulation (hereinafter referred to as "legal
prescription of the County ") shall become valid on the day of its publication in the journal of the legal
the laws of the region (hereinafter referred to as "the Gazette").
(3) the date of publication of the legal regulation of the region is the date of dispatch of the
amount of the Journal, which must be specified in its header.
(4) legislation of the County shall become effective on the fifteenth day following its publication
in the Journal, if it is not made for a later onset of efficacy.
(5) if required by the press of the general interest, can be exceptionally provide for
an earlier start of the effectiveness of the legislation, however, the first day of the County
publication. An earlier start of effectiveness must be in the law of the region
listed. In these cases, the legal regulation of the region also will publish the
the official Board of the Regional Office (hereinafter referred to as the "official"), the official
boards, municipal authorities of municipalities affected, and in bulk
information resources.
(6) the journal shall be published in sequentially numbered increments marked
serial numbers. The laws of the region in Journal indicate
serial numbers. Law No. region, as well as numeric
a number of individual amounts of Journal, is closing at the end of each always
of the calendar year.
(7) the Journal must be accessible to everyone on the regional office, the municipal
offices in the region and the Ministry of the Interior (hereinafter referred to as "the Ministry").
(8) the County shall publish a copy of the journal and a manner allowing remote
access. ".
8. Article 9 shall be deleted.
9. section 10, including footnote 3) is repealed.
10. At the end of the title of part 3, the words "legal persons and
entrepreneurial natural persons ".
11. section 11 is added:
"section 11
(1) a County may impose a fine of up to 200 000 CZK legal entity and
a natural person who is an entrepreneur (hereinafter referred to as the "person"), violated the
the obligation laid down by the law of the region.
(2) the procedure for the imposition of fines can be initiated within 1 year from the date of the region
a violation of the obligations referred to in paragraph 1 of the learned but not later than 2
years from the date on which the infringement occurred.
(3) in determining the amount of the fine provided for in paragraph 1 shall take into account, in particular, to the region of the
the nature, severity, duration and consequences of the infringement,
as well as to the adequacy of the amount of the fine because of the wealth of the person
that the infringement committed.
(4) a fine referred to in paragraph 1 cannot be saved, if the law provides for the
breach of the obligation under paragraph 1 a higher penalty.
(5) the imposition of a fine pursuant to paragraph 1 shall not relieve the person referred to in paragraph
1 the obligation to delete objectionable status within the time limit set by a region with
taking into account the circumstances of the case.
(6) the Proceeds of the fines is the income of the region. ".
12. in article 11, the designation "TITLE II", including the title of "citizens of the COUNTY"
replaced by "Part 4" and the heading "the citizens of the region".
13. in § 12 para. 2 (a). and), the word "special" is deleted.
14. in § 12 para. 2 (b)):
"(b)), at the meeting to express in accordance with the Council's rules of procedure
their views on things ".
15. § 12 para. 2 (c)):
"(c)) access to the regional budget and final account of the region, to report on the
the outcome of the review of the management of the region for the previous calendar year, to the
resolutions and minutes of the meetings of the Municipal Council, in a resolution of the Council, committees
the Municipal Council (hereinafter called "the committees") and the Commission of the Council (hereinafter referred to as "the Commission"), and
take one's statements, unless other laws ".
16. in § 12 para. 2 (a). (d)) at the end of words "in the case of
the scope of the Council, within 90 days, ".
17. § 12 para. 2 (a). e) is part of the sentence after the semicolon is replaced by the following
the words "authorities of the region is handled without delay, but not later than within 60 days,
with regard to the scope of the Council, within 90 days, ".
18. in § 12 para. 2 (f)):
"(f)) to comment on the draft budget of the region and to the final account of the County for
the previous calendar year, either in writing, within the time limit laid down in the rules
regulations, or orally at a meeting of the Municipal Council, ".
19. in § 12 para. 2 (a). (f)), the comma at the end is replaced by a dot and the
the letter g) shall be deleted.
20. section 14 reads as follows:
"section 14
(1) in a separate scope of the region include matters that are in the
the interest of the region and the citizens of the County, except for the devolved competence of the region.
(2) in a separate scope of the region are, in particular matters referred to in
§ 11, 35, 36 and 59 of the regulation, with the exception of the issue of the region, and further
the issues in a separate scope of law decides.
(3) a County may establish a separate scope of performance and establish
legal persons and branches of the County, unless the law provides
otherwise.
(4) in the exercise of individual County works with local authorities; must not
in doing so, interfere with their individual scope. Against such intervention
the municipality may bring an action under the special law.
(5) the County shall, if possible, in advance, discuss with communities
measures affecting their competence. ".
21. in article 15, paragraph 1 reads:
"(1) the County is entitled to comment on the proposals of the State authorities, which are
affect the scope of the region. State authorities are obliged, if it is
possible, agreed upon with the land measures with regard to the scope of the
region. ".
22. in article 15, paragraph 2. 2 the third sentence, the word "personal" is deleted.
23. in article 15, paragraph 2. 2 the third sentence, after the words "data", the words "and
classified information "and footnote 7) reads as follows:
"7) for example, Act No. 148/1998 Coll., on the protection of classified information
and amending certain laws, as amended, law No.
101/2000 Coll., on the protection of personal data and on amendments to certain laws, as
as amended, and Act No. 89/1995 Coll., on State statistical
the service, as amended. ".
24. in article 15, the following paragraph 3 is added:
"(3) Counties are in the exercise of their jurisdiction, empowered to use free of charge
the real estate data. ".
25. in paragraph 15 of section 15a shall be inserted:
"§ 15a
(1) the County is obligated to issue the certificates and make reports for the needs of
legal entities and natural persons, if provided for by special legislation.
(2) the County issues a confirmation is needed for the application of law in foreign countries and in
If the legislation does not impose such an obligation, but the required
information is within his knowledge. ".
26. in § 17 paragraph 3 reads:
"(3) the County shall not be liable for the obligations of natural and legal persons, except
a) the obligations arising under the credit agreement, if the funds are
intended for the investment undertaken with financial support from the State
budget, State funds, or the National Fund,
(b)) the obligations arising under the credit agreement, if the funds are
intended for investment in the region or municipality-owned real estate,
(c)) those whose founder is the County, State or municipality,
(d)) those in which the level of participation of the county or other region (region)
communes (municipalities) or State more than 50%. ".
27. in section 18 (1) including footnote No 9a):
"(1) the intent of the County to sell, trade or donate an immovable asset,
rent it or to provide as a region publish for your loan
at least 30 days prior to the decision in the relevant authority of the County by posting on the
the official Board that could lead him to express and submit your
menu. The property is in the intent of the special marks
the law ^ 9a) in force on the date of its publication. If the intent of the County after the
that period shall not disclose, is a legal act invalid.
9A) section 5 of the Act No. 344/1992 Coll., on the land register of the Czech Republic
(Act), as amended. ".
28. in section 18 at the end of paragraph 3, the words "30 days" shall be replaced by ' 90
days "and the following words, including footnotes, no 9b) are added:
"or if it is a lease or loan to the legal entity whose
founded by region, or in the case of rental of road or road
Auxiliary of the land in connection with the specific use of the roads by
Special Act. ^ 9b)
9B) section 25 of Act No. 13/1997 Coll. on road traffic, as amended by
amended. ".
29. in article 18, the following paragraph 4 is added:
"(4) the provisions of paragraphs 1 and 2 shall not apply to the loan or lease
assets entrusted to allowance organizations established by region,
subject to specific regulations or the City Government in the founding Charter of
otherwise. ".
30. § 19 is repealed.
31. in section 20 (2). 1, the words "or the Ministry of finance" shall be deleted.
32. In section 20 (2). 3 the first sentence reads: "If the County has requested the auditor of
review of its financial performance for the previous calendar year to 31. January,
the Ministry of finance in the administrative procedure to impose a fine in the amount of
100 000; in that case, shall ensure the implementation of the review
the management of the County Auditor on the statutory cost region. ".
33. In article 20 (2). 3, the second sentence shall be deleted.
34. section 22 reads:
"§ 22
Drawing up the budget and final account of the region and the management of
resources of this budget is governed by a special law. ".
35. In paragraph 23, the words "this Act" are replaced by the words "compliance with these
the terms ".
36. In paragraph 23 of the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the legal acts that require the approval of the Town Council, or
the Council can be made only after their previous approval, otherwise these
legal acts of the region and void. These legal acts shall be, the Hetman
or a person authorized by, unless this law provides otherwise (article 69, paragraph 2,
(a). b).".
37. In article 24, paragraph 1 reads:
"(1) the region can cooperate with each other and with communities."
38. In article 24, paragraph 1, the following paragraph 2 is added:
"(2) to cooperate with other counties and municipalities cannot be used
the provisions of the Civil Code of interest associations of legal entities
and about the contract of Association, unless this Act provides otherwise. ".
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
39. In § 24 para. 3, after the words "carried out" following the word "particularly".
40. In § 24 para. 4, the first sentence shall be deleted.
41. In § 24 para. 5, after the word "paragraph" numeral "2" is replaced by
the number "3".
42. In article 25, paragraph 1 reads:
"(1) property acquired by the exercise of joint activities with other counties region
or with the municipalities on the basis of the contract pursuant to § 24 para. 3 becomes
coownership of all participants of this agreement. Shares of the property
acquired common activities are the same, unless the Treaty provided
otherwise. ".
43. In article 25, paragraph 3 shall be deleted.
Paragraphs 4 and 5 shall become paragraphs 3 and 4.
44. In § 28 para. 1, the words "to enter into the regional grouping is
foreign partners "are replaced by the words" to be a member of their international
the Association ".
45. In section 28 para. 1, the last sentence shall be deleted.
46. In § 28 para. 2 introductory part reads as follows:
"(2) a County may enter into with other States, by territorial self-governing units
the Treaty on mutual cooperation. The content of the cooperation may be only
activities that belong to the individual counties that contract
concludes. The contract must contain ".
47. In § 28 para. 4, the first sentence is replaced by the following:
"Agreement on cooperation in accordance with paragraphs 2 and 3, on the basis of which has a
rise to a legal person or a membership in the existing legal
a person is subject to the consent of the Ministry, after prior consultation with the
Ministry of Foreign Affairs. "
48. In section 29, paragraph 1 reads:
"(1) the authorities of the region shall carry out in its territory the devolved competence in
matters provided for by law. ".
49. In section 29, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
50. in section 29 para. 2 the words "the performance of the tasks in" shall be replaced by "power" and
the following sentence shall be added:
"The amount of the contribution of the Ministry of Finance shall determine, after consultation with the
Ministry. ".
51. In paragraph 30 of the letter a) is added:
"and the region Regulation) when issuing laws and other legislation,".
52. In section 30 is at the end of subparagraph (b)), the words "; the condition of the
the directives of the central administrative authorities is to publish them in the Gazette
Government authorities, counties and authorities of municipalities ".
53. In § 31 para. 2 the words "in accordance with the statistical lexicon of municipalities"
shall be deleted.
54. In § 31 para. 3, after the words "the Office", the words "not later than 2
days of its determination on the official Board and in the Gazette ".
55. In § 32 para. 1, the first sentence is replaced by the following:
"A member of the Municipal Council is a public function. ^ 13)".
Footnote 13):
"13) § 2 (2). 1, § 124, 206 of the labor code. ".
56. In § 32 para. 2, after the word "Conditions", the words "the emergence of a".
57. In § 33 para. 2, the third sentence shall be deleted.
58. In § 33 para. 3, the first sentence shall be replaced by the phrase "member of the
the Municipal Council consists of a promise before the municipal board pronesením words
"I promise".
59. In article 33, paragraph 4 shall be deleted.
60. In § 34 paragraph 1. the letter a) to (c)):
"and to submit to the Council and to the Council), as well as committees and commissions proposals
at the hearing,
b) float questions, comments and suggestions about the Council and its individual
Members, on the committees, on the statutory bodies of legal persons,
the founder of the region, and on the leading contributory organizations and
organisational units that the County founded or established; a written response
must be received within 30 days,
(c)) to require from employees of the County included in the regional office, as well as
even from employees of legal persons, that the region has set up, the information in the
matters that are related to the exercise of their functions; information must be
granted within 30 days. ".
61. In § 34 paragraph 1. 2, "which for him from the exercise of a function in these
institutions and tasks ' are deleted.
62. In section 34 para. 3 the first sentence, the word "relevant" is deleted.
63. In section 34 para. 3 the first sentence, the following shall be added at the end ", which has
discuss the matter ".
64. In § 34 paragraph 1. 3, the last sentence shall be deleted.
65. In § 35 para. 2 (a). a), the words "in accordance with zákonem14)" including
footnote 14) shall be deleted.
66. In § 35 para. 2, letter e) the following new subparagraph (f)), which read as follows:
"(f)) to approve the concept of development of tourism in the territory of the region,
ensure their implementation and control their fulfillment, ".
Subparagraph (f)) up with) are known as the letters g) to t).
67. In § 35 para. 2 the letter l) is added:
"l) decide on the establishment and cancellation of legal persons, approve their
the memorandum, the social contract, memorandum and
the statutes, decide on participation in the already-established legal entities ".
68. In section 35 para. 2 (a). about) the words "Governor" are replaced by
the words "Deputy (Vice Presidents) Governor," and at the end the words "from the
among its members, and dismiss them from Office. "
69. In § 35 para. 2 p) is added:
"p) specify the number of the freed members of the Council, as well as functions for which
Council members will be released and from what date, ".
70. in § 35 para. 2 the letters r and s) are deleted).
71. In § 35 para. 2, the letter q) the following new letters r)),
are added:
"r) decide on the remuneration of members of the Municipal Council and neuvolněným
Rewards pursuant to § 50 para. 4 and 5,
with) to establish the principles for the provision of travel expenses to members of the
the Municipal Council (§ 53),
t) to decide on the financial transactions associated with the performance of the functions of members
committees, commissions and special institutions to individuals who are not members of
Councillor,
u) awarding prizes of the County ".
Letter t) is referred to as the letter v).
72. In § 35 para. 3, after the word "presented" is inserted after the word "to".
73. In § 36 odst. 1 (b). and) the words "including the issue of real estate pursuant to
special legislation ' shall be deleted.
74. In § 36 odst. 1 (b). (b)), the words "in individual cases,"
shall be replaced by "a single natural or legal person in the calendar
year, ".
75. In § 36 odst. 1 (b). (c)), the words "from their own resources ' shall be deleted,
After the words "social services" with the words "support families", the words
"one organization" are replaced by "a single natural or legal
the person "and at the end the words" unless it is a special-purpose subsidies from
State budget, ".
76. In § 36 odst. 1 letter h) is added:
"h) assignment of the receivable greater than 200 000 CZK,".
77. In § 36 odst. 1 (b). I), the word "loan" is deleted.
78. In § 36 odst. 1 the letter m) is added:
"m) in cash and in-kind contributions to the legal entities.".
79. In article 36, paragraphs 2 to 4 shall be deleted.
80. section 38 shall be repealed.
81. In § 39 para. 2 the words "Governor" are replaced by the words
"Deputy President".
82. In § 41 para. 3 the words "Governor" are replaced by the words
"Deputy President".
83. In § 42 para. 1 the second sentence, the words "and on the official boards of district
and municipal authorities in the region "are replaced by the words", in addition to the information
publish the way in place of the usual ".
84. In § 42 para. 1, the third sentence shall be deleted.
85. In paragraph 43 the first sentence after the word "Governor", the words "or
Deputy Governor ".
86. In paragraph 43 of the second sentence is the numeral "7" is replaced by "10".
87. In paragraph 45 the first sentence, the words "If there are grounds for a new volby6)"
replaced by the words "If the number of members of the Municipal Council of more than
half compared to the number of provided for in § 31 para. 1, and if they are not
substitutes ".
88. In paragraph 45 of the second sentence, after the words "and section 36" period and the remaining
part of the text is deleted.
89. In paragraph 45, at the end of the following sentence: "this fact to the County
the authority shall without delay notify the Ministry. ".
90. in paragraph 45, the current text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) if the authority does not matter much for longer than 6 months,
in order to be a quorum, or if the Governor chooses to 6 months from the
the day when it has been revoked or surrendered to the function, or within 6 months from the date of
constituent meeting, the Ministry is dissolved, and the Minister of the Interior
announce new elections. The decision on the dissolution of the Council may
the County may bring an action to court. Until it is selected a new
the City Government, the Council shall exercise its powers under section 59 paragraph 1. 1 to 3.
If it is not selected, the power shall be exercised by the Governor under section 63. If he is not elected
the Governor exercises this authority, another Member of the Town Council, which by
Entrust Authority. ".
91. In § 48 para. 1, after the words "the kind of functions performed" the words
"and by the number of inhabitants of the region".
92. In article 48 paragraph 2 reads as follows:
"(2) If a member of the Municipal Council does not function because of work
default, quarantine, due to pregnancy or care of a child under 3 years of age
age, he shall provide monthly remuneration pro rata. Member of the Municipal Council
It is obliged to immediately inform the Governor or Deputy Governor of
for these reasons and the estimated time of their duration ".
93. In § 50 para. 1, the words "at the time of" shall be replaced by the words "to date".
94. In § 50 para. 1 the words "general election" shall be replaced by "options
the Municipal Council ".
95. In article 50, paragraphs 2 and 3 shall be added:
"(2) if the former Governor to constituent meeting shall exercise the
the municipal authority pursuant to § 64 para. 1, it has the monthly remuneration in
the current amount.
(3) a member of the Town Council, which exercises jurisdiction pursuant to § 64 para.
2, belong to the monthly remuneration in the same amount, which would be in accordance with the implementing
the law belonged to the Governor. ".
96. In article 50, the following paragraphs 4 and 5 are added:
"(4), a member of the Municipal Council and member of the neuvolněnému
the Councillor, who served as Governor, which belong to the monthly
the reward, and disappeared before the date on which the mandate of the elections to the Municipal Council, may
be this remuneration is granted for a period of 3 months from the date of termination of
mandate.
(5) A member of the Municipal Council and member of the neuvolněnému
the Councillor, who served as Governor, which belong to the monthly
the reward, and it was from this function has been revoked or surrendered may be
the reward is granted for a period of 3 months from the date of resignation or
removal from Office. ".
97. In paragraph 51, at the end of the first sentence, the words "and the labour code".
98. In article 51, the following shall be added at the end of the sentence: "for these purposes is assessed
the remuneration to the members of the Municipal Council as the salary of the employee in employment
to the edge of a region shall be treated as the employer and the members of the Municipal Council
they are regarded as employees. ".
99. section 52 reads as follows:
"§ 52
(1) the remuneration is not a member of the Town Council provides the date when the
He was elected or appointed, for which the reward is due.
(2) the remuneration shall be a member of the Municipal Council of neuvolněnému provides the date,
which provides for the City Government.
(3) in the case of overlapping of several features, performance
and a member of the Municipal Council) belong monthly remuneration in accordance with
the feature provides the highest reward,
(b) a member of the Municipal Council of neuvolněnému) can be used to provide a monthly remuneration to
to the amount of remuneration for each summary function. ".
100. section 54 read as follows:
"§ 54
(1) the Council shall be entitled to leave in accordance with this
the law of 5 weeks per calendar year.
(2) if the term did not last for the entire calendar
the year is entitled to a prorated portion of the leave, which shall, for each i,
even incomplete calendar month duration of the performance of his functions one-twelfth
holiday per calendar year.
(3) monthly remuneration under this Act after the period of leave.
(4) the County shall provide a relaxed member of the Municipal Council of whether or not that portion of the
the holiday, which has not exhausted before releasing to the exercise of public functions.
Not run out a loose member of vacation before the end of
release time for the performance of public functions, it will provide a relaxing
employer. ".
101. section 55:
"§ 55
The relations arising from the performance of the laid-back member of the municipal
subject to the provisions of the labour code, if this law does not
otherwise. ".
102. the footnote No. 20) and section 56 is repealed.
103. In § 57 para. 2 the first sentence, the words "Governor (represented by
Governor) "are replaced by the words" Deputy Governor (Deputy Governor) ".
104. In § 57 para. 2 at the end of the first sentence, is replaced by a comma and dot
addition of the words "who are elected from the members of the Council.".
105. In § 57 para. 3 the words "Governor" are replaced by the words
"Deputy President".
106. In § 58 para. 3 the second sentence, the words "Governor" are replaced by
the words "Deputy Governor, along with the Verifier", in the third sentence, the words
"7 days" are replaced by the words "within 10 days" and at the end of this sentence, the following
the words "the members of the Municipal Council of region".
107. In article 59 paragraph 2. 1 (b). and the words "check) management
him, ' shall be deleted.
108. In section 59 paragraph 1. 1 (b). (b)), after the words "regional authority" be inserted
the words "in the special institutions of the region and to".
109. In article 59 paragraph 2. 1 (b). (c)), after the words "the regional head of trade unions
the authority "the words" in accordance with a special law ".
110. In section 59 paragraph 1. 1 (b). f), the words "on the basis of complaints of citizens and
legal entities ' shall be deleted.
111. In section 59 paragraph 1. 1 the letter j) is added:
"j) jurisdiction in matters of the region as the sole partner business
the company ".
112. In section 59 paragraph 1. 1 the letter l) is added:
"l) decide on the conclusion of rental contracts and loan agreements; This
the scope of the Council may entrust to the competent Department of the regional authority completely
or in part ".
113. In article 59 paragraph 2. 1 the following letter m) is added:
"m) consider and address the suggestions, comments and suggestions submitted by her
members of the Municipal Council or committees of the Council. ".
114. In section 59 paragraph 1. 2 (a). and), after the words "social services"
the words "support families" and the words "one organization" are replaced by the words
"one civic association, a humanitarian organisation or one
natural or legal person ".
115. In section 59 paragraph 1. 2 (a). (b)), the words "less than" shall be replaced by
"not exceeding".
116. In section 59 paragraph 1. 2 (a). (c)), the words "less than" shall be replaced by
"not exceeding".
117. In section 59 paragraph 1. 2 (a). (d)), the words ' less than ' shall be replaced by
"not exceeding".
118. In section 59 paragraph 1. 3, the word "Decides" is replaced by "secures the
decision making ".
119. In section 59 paragraph 4 is added:
"(4) the Council may entrust the Governor, where appropriate, the regional authority decisions
referred to in paragraph 1 (b). l) and paragraph 2 (a). e). It may also entrust
the Governor making a decision referred to in paragraph 3. '.
120. In paragraph 60 of the second sentence, the words "the performance of certain tasks" are replaced by
the words "exercise of authority".
121. In paragraph 60, the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) if the Council has withdrawn as a whole and not at the same time with the selected
the new Board, carries out the existing Council of its powers until the election of a new
Council. ".
122. In § 61 para. 1, the second sentence shall be deleted.
123. In § 61 para. 2 the first sentence, the words "Governor" are replaced by
the words "Deputy Governor (Deputy Governor)".
124. In § 61 para. 2 the second sentence, the words "Governor" are replaced by
the words "Deputy President".
125. In § 61 para. 3 (b). a), the words "together with the representative of the Governor"
replaced by the words "with the Deputy."
126. In § 61 para. 3 (b). (b) in the part of the sentence) before a semi-colon after the word
"the Director", the words "in accordance with a special law".
127. In § 61 para. 3 (b). (c)), the words "and stores his tasks."
128. In § 61 para. 3, the following point (i)), which read as follows:
"i) performs similar tasks as the governing body of the employer by
special legislation to City Council members and the Director released. ".
129. In paragraph 61, the following paragraph 4 is added:
"(4) the Governor shall convene and rule governed by the meetings of the Council and of the Council
signs along with the verifier of the minutes of the meetings and the minutes of the Council
meetings of the Council. ".
130. section 63 shall be deleted.
131. In the first sentence of paragraph 64, the words "Governor" are replaced by the words
"Deputy President".
132. in the second sentence of paragraph 64:
"The City Government can choose more Deputy Governor and to give them some
tasks. ".
133. In paragraph 64, third sentence, the words "Governor" are replaced by the words
"Deputy President" and the words "and it and decides on matters which are
vested in the Governor "are replaced by the words" or at a time when the Governor
does not function (section 48 (2) and § 54) ".
134. in paragraph 64, the following new section 64a of up to 64 c shall be inserted:
"§ 64a
If the Governor from his post revoked or surrendered and function if it is not
at the same time elected a new Governor, shall exercise its powers in accordance with this
the law, which designated the Deputy Governor authority to represent
Governor (section 64). If the City Government have such a Deputy Governor
or if the Deputy Governor was relieved from Office or link
at the same time with the Governor, the Council shall authorise the exercise of the powers of the Governor
one of the members of the Council.
section 64b
(1) the Governor shall be exercised in the period since the elections to the Municipal Council to
the constituent meeting of the newly elected City Council powers under section
paragraph 59. 2 (a). and), c), (d)), e), h), (i)) and (j)), section 59 paragraph 1. 3 and § 61 para.
3.
(2) if the Council chooses at the inaugural meeting of the
the former Governor, carried out by the Governor, is a member of the Municipal Council,
the powers referred to in paragraph 1. If the current Governor of a member of the
the Municipal Council, the Municipal Council shall entrust the exercise of those powers
one of its members.
§ 64 c
(1) the Governor has the right to use during important occasions pendant
badge. Hanging badge has a large coat of arms and the perimeter of the
the badge is the name of the Czech Republic.
(2) the Council may determine in which cases can use this badge
another Member of the Council or the Director of the regional office. ".
135. In paragraph 65, the current text shall become paragraph 1 and the following
paragraphs 2 and 3, including footnote No. 23):
"(2) the head of a special authority may be just the person, unless the
a special law ^ 23) otherwise, demonstrated special competence in
the field by, for whose performance was a special authority
set up. To demonstrate professional competence of a person standing in the
the head of the special authority shall apply mutatis mutandis the provisions of the special legal
the provisions governing such proof to officials of territorial
self-governing units.
(3) the provisions of paragraph 2 shall not apply to cases where the head
special authority is based on the provisions of the Act by the Governor.
23) § 53 para. 4 of Act No. 200/1990 Coll. on offences, as amended by law
No 67/1993 Coll. ".
136. In paragraph 66, the first sentence after the word "Government", the words "and
by the Council ".
137. In paragraph 66, second sentence, the words "or Government ' shall be deleted.
138. In paragraph 66, the third sentence shall be deleted.
139. section 67 including footnotes # 22b and 22 c)) reads:
"§ 67
(1) Regional Office carries out devolved competence, with the exception that
are entrusted and the Council or the Special Department.
Regional Office
and) review the decision issued by the authorities of the municipality in accordance with the Special
laws, ^ 22b) such competence by law conferred on the Special
authority or the law provides otherwise,
(b) imposes penalties according to the law),
(c)) provides technical and methodological assistance to municipalities,
(d) the coordination of the construction and machine) for operation of information system
compatible with the information systems of the public administration,
e) organizes performance checks by the municipalities, evaluates the
their results and, where appropriate, to the competent Ministry shall be presented to the Government,
suggestions for necessary measures,
f) establishes a coordinator for Roma Affairs, ^ 22 c)
g) carries out further the scope of the powers conferred on it by law.
(2) Regional Office checks to the extent required, and the resources that
the law makes available, the operation of the municipality in the exercise of the delegated
the scope of the.
22B) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by
amended. Act No. 337/1992 Coll., on administration of taxes and fees,
in the wording of later regulations.
22 c) § 6 para. 7 of Act No. 273/2001 Coll., on the rights of the members of the
national minorities and amending certain acts. ".
140. In paragraph 68, at the end of paragraph 1 the following sentence:
"In the absence of the Director represented by Deputy Director.".
141. In paragraph 68, paragraph 2 reads as follows:
"(2) the regional office is divided into departments and departments.".
142. In § 69 para. 2, letter a) the following new subparagraph (b)), which
including footnotes. ^ 22):
"(b)) to the Department of proposals to suspend generally binding decrees
municipalities and the regulation of municipalities or their individual provisions ^ 22) according to the
special legislation,
22) § 64 para. 2 (a). e) Act No. 182/1993 Coll., on the Constitutional Court.
Act No. 150/2002 Coll., the administrative court rules. ".
Subparagraph (b))) to (i) shall become point (c)) to (j)).
143. In § 69 para. 2 (a). (c)), after the word "workers" shall be replaced
"region".
144. In § 69 para. 2 (a). (d)), after the word "workers" shall be replaced
"the county entered into".
145. In § 69 para. 2 (a). (e)), after the word "issues" shall be replaced
"in particular".
146. In § 69 para. 2 the letters h) and i) are added:
"h) determines, after consultation with the Governor of its representatives,
I) carries out the tasks imposed on him by the Municipal Board, Council or Governor. ".
147. the following section is inserted after section 69 69, including footnotes.
^ .22e) reads as follows:
"§ 69a
(1) by the regional office in oversees performance
separate and by municipalities under the special law. ^ .22e)
(2) employees of the County inclusion in the regional office, who are involved in
the performance of supervision referred to in paragraph 1, must have higher education in the
the area of law or in a field that applies to the subject of surveillance.
(3) supervision is dedicated exclusively to the subsequent assessment of the compliance with the
the legality and is carried out so as to separate the scope is not restricted
and the powers of the authorities of the municipality.
.22e) Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by
amended. ".
148. the following section is inserted after section 70, 70a, which including the title reads as follows:
"section 70a
Stamp of the region
The County may use their own stamp. The stamp may be used only in the region of the
cases where the law is not made for the compulsory use of the official stamp
with a small national coat ".
149. section 72 to 75 are hereby repealed.
150. In § 78 para. 6 at the end of subparagraph (d)), the words "that the region
establishes ".
151. The heading of title VI is added:
"SUPERVISION".
152. at the beginning of the title VI the following new section 80a, which reads as follows:
"§ 80a
(1) the performance of the individual and by the region is subject to the supervision of the State
(hereinafter referred to as "surveillance"). Supervision is factually relevant ministries and
other venue of the central administrative authorities.
(2) supervision is dedicated exclusively to the subsequent assessment of the compliance with the
the legality and is carried out so as to separate the scope is not restricted
and the powers of the authorities of the region and to prevent the illegal
State interference in their activities. ".
153. section 81 to 86 shall be added:
"§ 81
(1) in supervising the performance of individual regions is determined
compliance of generally binding decrees region with laws and in the case of resolutions and
the decision of the authorities of the region of their compliance with laws and other legal
regulations.
(2) the supervision by the checking of the compliance of the
Regulation of the region with laws and other legal regulations issued by the Government and
the central administrative authorities and in the case of resolutions and decisions of the institutions
the region of their compliance with laws, other legislation, resolutions
the Government and the directives of the ministries and other central administrative authorities.
§ 82
In the performance of the supervision of the ministries and other central administrative authorities
shall be entitled to
and) to require from the competent authority of the region to provide information
necessary for the exercise of supervision within the time limits laid down,
(b)) to require amendment or cancellation at the edge of the illegal actions of its
authorities within the prescribed period,
(c)) to require on the edge of completing a task provided for him by law; to comply with the
region of the task laid down by the law and after warning him factually competent authority
fails to remedy, shall ensure the replacement central competent administrative performance
authority at the expense of the county if the failed task can make someone else;
in justified cases, from the recovery of costs may be waived.
section 83
(1) the Ministry shall suspend the effectiveness of generally binding decrees of the County
If it is in conflict with the law.
(2) the decision of the Ministry to suspend the effectiveness of generally binding
Ordinance of the County shall become effective the date of receipt of the written copy of his
the regional authority. This decision shall immediately be notified in the Gazette.
(3) repealed by the Ordinance such Assembly generally binding region
or if it fails to comply with the law within a period of 3 months from the effectiveness of the
the decision to suspend shall report to the Minister of the Interior, to the Constitutional Court to
its cancellation. Similarly, the Minister of the Interior shall proceed, in the case of inactivity
the Director of the regional office in accordance with § 69 para. 2 (a). (b)).
(4) if the Constitutional Court for annulment of the Minister of Interior design in General
binding decrees region refuses to or reject, or control stops,
decision of the Ministry to suspend the effectiveness of generally binding decrees
the County shall cease to have effect on the date when the decision of the Constitutional Court shall take
legal power.
§ 84
(1) the Ministry shall suspend the performance of the order or decision of the authority of the County
in a separate jurisdiction, if it is in conflict with the law or another legal
provision. The decision to suspend the performance of the order or decision
authority of the County in a separate scope is effective as of the date of receipt
the written copy of the region. A timely filed appeal against
This decision does not have suspensory effect.
(2) if the competent authority fails to remedy the County within 3 months of
the suspension of the enforcement of the order or decision of the authority of the County in a separate
the scope of the Ministry, shall submit a claim to court for its cancellation. If the location
the competent authority of the region prior to the decision of the Court remedy, our Ministry
the decision to suspend enforcement of the order or decision of the authority of the County in
individual cancels within 15 days after service of the order or
the decision of the authority of the County of redress to the Ministry.
(3) if the Court rejects the action or proceeding, the decision stops
Ministry to suspend the enforcement of the order, judgment or other
measure shall expire on the date on which the decision of the Court of the judicial
power.
§ 85
(1) the venue of the Ministry or other substantive central competent
administrative authority shall suspend the effectiveness of the regulation of the region if it is contrary to the
by law.
(2) the decision of the competent Ministry or other substantive
of the central competent administrative authority on the suspension of the effects of regulation
the County shall become effective on the date of delivery of the written copy of the
the regional authority. This decision shall immediately be notified in the Gazette.
(3) if the competent authority Withdraws the County such counties or regulation
If it fails to comply with the law within a period of 3 months from the effectiveness of the
a decision on its suspension, the competent Minister or head of
central public administration authority the Constitutional Court for its annulment pursuant to
a special law.
(4) if the Constitutional Court the proposal of the competent Minister or head of
central public administration authority to repeal Regulation region refuses or
be refused or control stops, decision of the competent Ministry or
central public administration authority to suspend the effectiveness of the regulation of the region
ceases to have effect on the day on which the decision of the Constitutional Court the judicial
power.
§ 86
(1) the venue of the Ministry or other substantive central competent
administrative authority shall suspend the performance of the order, decision or action of the authority
in by, if it is in conflict with the law or other
the legal regulation issued by the Government or central administrative office, or with the
resolutions of the Government, the directives of the ministries and other central administrative
authorities.
(2) if the competent authority Withdraws the region such a resolution, decision or
measures or unless it is in accordance with the law or another legal
Regulation issued by the Government or central administrative office, or with the
by order of the Government, the directive of the Ministry or other central public administration
the Office within the time limit laid down by the competent Ministry or other substantive
by the central competent administrative authority, which may not be less than 30
days, this Ministry or central administrative office is its
cancels the decision.
(3) the decision of the competent Ministry or other substantive
of the central competent administrative authority on the suspension of the exercise of such
the resolution, decision or measure, as well as the decision of its cancellation
shall take effect on the date of delivery of the written copy of the regional
Office. ".
154. In § 87 para. 2 the words "entry into force" shall be replaced by
"publication".
155. In paragraph 87, the following paragraphs 4 and 5 are added:
"(4) the supervision of the performance of separate and by regions
does not apply to the decision of the County issued in administrative proceedings and on
a judgment given in proceedings for the administration of taxes and fees.
(5) the provisions of section 84 shall not apply to infringement
civil, commercial and employment law. ".
156. In paragraph 90, paragraph 4 shall be deleted.
157. In section 91 paragraph 2. 1 (b). and the numeral) "20 000 ' is replaced by
"100 000".
158. In section 91 paragraph 2. 1 (b). (b)), the numeral "100 000 ' is replaced by
"500 000".
159. in paragraph 91, the following new section 91a, which reads as follows:
"§ 91a
When you issue a decision pursuant to § 90 para. 2, does not flow under the
administrative procedure. ".
160. In the heading of title VII, the words "to the EDGE" are replaced by the words "towards
LOCAL MUNICIPALITIES ".
161. In paragraph 92, paragraph 1, the words "region" shall be replaced by the words "territorial
authorities ".
162. In § 92 paragraph 2 reads as follows:
"(2) the relevant ministries in the scope of the sections of the State belongs to the
the management carried out by the authorities, within the laws of power
the State administration by issuing legislation and directives; condition
the validity of the directive is the publication, in the rare case a notice of
the issue in the Government authorities of the counties and authorities of municipalities. "
163. in paragraph 92, the following new section 92a, which including the title reads as follows:
"§ 92a
The relationship of the ministries to the edges
The relevant ministries in the scope of the sections of the State belongs to the
the management carried out by the authorities of the region,
review the decision of the authorities) of the County issued the section transferred
the scope of the administrative procedure; ^ 4) on the review of the decision of the authorities
the region issued in administrative proceedings subject to the provisions of the administrative
the order,
(b) check the performance by) the authorities of the region on a given
section. ".
164. In paragraph 93):
"and the issuing of directives) coordinates of ministries and other Central
administrative offices, concern by the county or
workers by the municipality; This is issued by the Government authorities of the regions for the Journal
and authorities of the municipalities; the condition of the directives of the central administrative offices
their publication in the Gazette of the Government authorities and authorities of municipalities, counties ".
165. In paragraph 93 (b). (b)), the words "county offices" shall be replaced by
"municipalities".
166. In paragraph 93, at the end of subparagraph (c)), the words "regional offices".
167. in paragraph 93, the following new title VIII, which including the title reads as follows:
"TITLE VIII
CHECK THE PERFORMANCE BY THE MUNICIPALITIES
section 93a
In the region by the performance of the checks by the
the municipalities; This control is exercised, the regional authority.
Implementation of control policy
section 93b
(1) an employee of the relevant region, responsible for performing checks on the activities of the
the municipal office or the special authority (hereinafter referred to as "controlling") is
obliged to demonstrate the written authority of the Director of the regional office.
(2) the Controlling controls shall be entitled to perform
and) to require from the competent authority of the municipality, that in due time
submit supporting documents and provide the full information necessary to perform the
checks,
(b)) to ensure that the supporting documents submitted in justified cases; their
the takeover is required to confirm in writing.
§ 93c
In the exercise of supervision is a municipality required to submit documents on request of
inspections of all kinds, even those that implement other control
authorities and which are related to the subject matter of the inspection. On-demand is the municipal
the Office shall transmit a copy of the entire database to evaluate the
they contain information related to the subject of the inspection.
Permissions and how counties in implementing the control over performance of the transferred
the scope of the municipalities
§ 93d
(1) Permission of the county when carrying out control over the performance of the transferred
the scope of the communities (hereinafter referred to as "review") lays down the special law.
(2) Controlling checks the extent of written credentials issued
the Director.
§ 93e
The obligations of the controlled
The competent authority is obliged, in the context of the implementation of the checks
submit a kontrolujícímu at his request within the time required
supporting documentation and provide it with full information necessary to perform the check.
§ 93f
Duties of the examining
(1) the Inspector is obliged to
and to prove during the inspection) a written authority of the Director of the regional
authority under section 93b para. 1,
(b) the Mayor of the village) to notify the initiation and completion of the inspection,
(c) the actual state controlled) to determine activities and compare them with the
the relevant legislation,
(d) to secure proper protection of secured) bases and return them
without delay, no longer exist if the reasons for their collateral,
(e)) of the control results make a written protocol for the review and indicate in the
the conditions laid down in this Act,
(f)) be familiar with the content of the Protocol on the control of the Mayor of the municipality or
authorized representative and also the person responsible for the deficiencies found,
If you are in the Protocol on the control of listed
(g)) to pass a copy of the Protocol on the control of the Mayor of the municipality or
authorized representative to sign,
(h) a copy of the part of the log) to pass the inspection, which is defined by
personal responsibility for shortcomings, the responsible persons and their
supervisor,
the Mayor of the village I) advised or his authorized representative or the responsible
the person of the possibility to appeal against the content of the inspection findings contained in the
the log object.
(2) where the mayor or his authorized representative or the person in
refuses to sign the Protocol on inspection, controlling this fact
be indicated in this Protocol.
§ 93 g
The elements of the Protocol on the control of
In the Protocol on inspection shall bear the
and indication of the competent examining region),
(b) the designation of controlled authority of municipalities),
(c) name and surname of the oily), or controlling,
(d)) the place and time to perform the scan,
e) subject of control,
f) all audit findings, including the list of detected deficiencies and
the persons responsible for them,
g) the labelling of any supporting documents, on which the audit findings is based,
h) design measures to rectify the shortcomings noted with the date of their
delete,
and the oily,) signature checked; in the case that
the control has implemented more controlling, signatures of all controlling,
who took part in the inspection,
j) date log for mayor of the municipality or
authorised representative and responsible person,
to the date of preparation of the log).
§ 93h
Objections
(1) the content of the inspection findings referred to in the Protocol on the control of
can the Mayor of a municipality or authorized representative and responsible persons
a written and reasoned objections within 15 days from the date of acceptance of the Protocol on the
the control of the Director of the regional office.
(2) the Director of the Regional Office of the opposition within 30 days of their
delivery region.
(3) when making a decision under paragraph 2, shall take place in accordance with the administrative
of the order.
§ 93i
The fine
(1) If, when you check the region of the village
fails to comply with the obligation to) pursuant to § 93c, it saves the County a fine decision to
20 000 CZK,
(b)) does not remove the set and then even the newly set time limit established
the shortcomings, she saves a penalty decision in the region of 100 000 €.
(2) the Proceedings of an administrative offence may be brought within 1 year from the date of the
the County learned of the negotiations referred to in paragraph 1, but no later than 2 years
the date on which this action took place. Administrative offence cannot be discussed,
If you have passed from his committing 3 years.
(3) a fine imposed under paragraph 1 shall be the income of the region; when their
collection and enforcement, shall be treated by a special Act. ".
Title VIII is known as title IX.
168. Over the designation of § 94 the following before the heading "common provisions".
169. Over the designation of the section 96 is inserted the title of the "transitional provisions".
170. paragraph 98 Above indicate, the following heading "final provisions".
171. Under the indications section 98 shall be inserted before the heading "Enabling provisions".
172. In article 98, paragraph 2 shall be deleted and paragraph is lifted
1.
Article II
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No. 129/2000 Coll., on regions (regional establishment), as is apparent from the
later laws.
Article. (III)
This Act shall take effect on 1 January 2000. in January 2003, with the exception of the provisions
points 26 and 79, which shall take effect on the date of its publication.
Klaus r.
Havel, v. r.
Zeman in r.
