183/2009 Sb.



LAW



of 28 June. in May 2009,



amending Act No 120/2001 Coll., on bailiffs and enforcement

activities (procedure) and amending other laws, as amended

regulations, and Act No. 121/2008 Coll., on higher court officials and

senior officials of the public prosecutor and amending related

laws, as amended by law No 7/2009 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Change the enforcement code



Article. (I)



Act No 120/2001 Coll., on judicial executors and enforcement activities

(enforcement procedure) and amending other laws, as amended by Act No. 6/2002 Coll.

Act No. 279/2003 Coll., Act No. 360/2003 Coll., Act No. 53/2004 Coll.

Act No. 256/2004 Coll., Act No. 283/2004 Coll., Act No. 499/2004 Coll.

Act No. 501/2004 Coll., Act No. 377/2005 Coll., Act No. 57/2006 Coll.

Act No. 70/2006 Coll., Act No. 79/2006 Coll., Act No. 135/2006 Coll.

Act No. 253/2006 Coll., Act No. 296/2007 Coll., Act No. 347/2007 Coll.

Act No. 247/2008 Coll., Act No. 254/2008 Coll., Act No. 259/2008, Coll.,

Act No 301/2008 Coll., Act No. 7/2009 Coll. and Act No. 41/2009, Coll.,

is amended as follows:



1. in paragraph 7, the following paragraph 6 is added:



"(6) State supervision over the activities of the enforcement activities and pursuant to § 74

paragraph. 1 (b). (c)) shall also President of the District Court within whose

the circuit is the executor appointed; in the case of the State supervision in the individual case,

whether or not the President of the district court bailiff unmemorable

execution. For the exercise of State supervision by the President of the District Court is

apply by analogy paragraphs 2 to 4. The President of the District Court may entrust the

the exercise of State supervision the Vice-President of the Court. The individual tasks

the exercise of State supervision, the President may appoint a District Court of higher

court clerk. ".



2. In Section 7a, the word "or" is replaced by "Chamber, Chamber of Commerce or

the President of the District Court. "



3. In paragraph 8 (b). and), the words "on a proposal from the Chambers" shall be deleted.



4. In paragraph 8 (b). (d)), the words "and punitive" are deleted.



5. In paragraph 8 (b). e), the words "under the conditions laid down in section 10, paragraph 1. 2 "

shall be deleted.



6. in section 8a, the following new section 8b-8 d are inserted:



"§ 8b



The Chamber, on request, shall send forthwith a copy of the Act to the Department of the Chamber,

as well as related documents.



§ 8 c



(1) is contrary to resolution, decision or other action of the Chamber Act

or other legal regulation and unless the estates may

such an act of the Chamber Department to cancel. The decomposition does not have suspensory effect.



(2) the provisions of paragraph 1 shall not apply in the case of infringement of the

regulations of civil, business, family or employment law. Further

the provisions of paragraph 1 shall not apply to decisions and other acts of the Chamber

made under the code of administrative procedure, or by the law on tax administration and

fees.



§ 8 d



(1) if the Chamber repeatedly violates a serious obligation

her act, the Minister may decide on the administration of the Chamber. Against the

the decision of Administration may be made. The first act in the proceedings

the Administration may be making the decision about the Administration

Chamber. The Minister's decision may change the administration of the Chamber.



(2) the date on which the decision of the administration of the Chamber has power

to the extent set out in this decision, the duties of the authorities

The Chamber, with the exception of actions to the Court against that decision.

Deciding on matters belonging to the scope of the Chamber's bodies in this

at the moment the extent to which the performance of their functions

suspended, to the Ministry. In these cases, the Ministry is acting on behalf of the

The Chamber on the outside to the extent provided for in the decision of the Administration

Chamber.



(3) if the performance of the Chamber's bodies is suspended, or to the extent

which has not been suspended, these authorities in matters belonging to the

their competence to make decisions only with the consent of the Ministry, otherwise it is

such a decision is invalid. In cases in which the Ministry of not

on behalf of the Chamber, the Chamber may take legal actions only with the consent

the Ministry, otherwise such legal acts invalid. The first sentence and

the second does not apply to bringing an action in court against the decision of the

administration of the Chamber.



(4) the costs associated with the performance of the administration shall be borne by the Ministry.



(5) the receivership ends with the delivery of the Minister's decision on its termination,

not later than the expiration of 3 years after its introduction. At the next meeting

the Convention shall submit to the Ministry a report on the performance of the Administration and the status of

management and assets. ".



7. § 9 para. 2 and 3, the word "Chamber" shall be replaced by the word "Ministry".



8. in § 9 para. 2, the words "after consultation of the Ministry ' shall be deleted.



9. section 10 reads as follows:



"§ 10



(1) the Bailiff shall be appointed to the Office of the Minister on the basis of the bailiff

the selection process within 1 month from the end of the proceedings, to the headquarters of

within the perimeter of the District Court.



(2) the Ministry carried out a tender no later than one month from the

the release of the bailiff of the authority or, in the case of increasing the number of

bailiffs ' offices, within 1 month from the decision to increase the number of

bailiffs ' offices.



(3) The selection process can log in within the time specified

the Ministry of anyone who meets the conditions of § 9. ".



10. In section 15, at the end of paragraph 1, the period is replaced by a comma and the following

subparagraph (f)), which read as follows:



"(f)) on the date of the decision, which was imposed disciplinary measures

the appeal of the bailiff of the authority. ".



11. in article 15, paragraph 2 reads as follows:



"(2) the Minister shall withdraw the bailiff



and, at his request,)



(b)) if the bailiff has been convicted for an intentional criminal offence

or for an offense committed in connection with the execution of the activities,



(c)) if the executor they can demonstrate the original or a certified copy of the Chamber

contracts of insurance its liability within 30 days after its

the appointment of a bailiff or ceases to exist if its liability insurance

the damage and the executor does not renew it within 30 days,



d) if within three months the executor's after the oath without serious reasons

doesn't open at the headquarters of the bailiff of the Office to which he was appointed, the Office

and will not be ready to carry out enforcement activities,



e) if the Court, upon a proposal of the Ministry held that the executor due to

their health condition cannot properly for at least 1 year of exercise

enforcement activity. ".



12. in article 15, paragraph 3 is added:



"(3) the performance of the Office of bailiff shall be suspended on the date of delivery of the decision on the

its appeal, unless an appeal by a bailiff, at his request. ".



13. in article 15, paragraph 4 reads:



"(4) the Minister shall initiate appeal proceedings the bailiff's fee within 1 month from the date of

When it was delivered to the request of the executor on the appeal, or when he learned of the

Another reason for the recall. If the Chamber finds out about the reason for revocation

in accordance with paragraph 2 (a). b) to (e)), it is obliged to immediately to the Ministry

notify. ".



14. in section 18 para. 1 (b). (b)), the words "or if the disciplinary Commission him

to withdraw the right to represent the executor "are deleted.



15. in section 31 paragraph 5 is added:



"(5) the executor is not bound by the obligation of confidentiality to the extent necessary

for the proceedings before the Court. Furthermore, it is not bound by the obligation of confidentiality in

extent necessary for proceedings before another authority, if the subject of the proceedings

the dispute between him and the authorised or obliged or their successors in title,

and for the exercise of State supervision.



16. in § 31 para. 6, the words "; details provided by the disciplinary regulations "shall be deleted.



17. in § 109 paragraph. 4, point e) repealed.



Subparagraph (f)) is renumbered as paragraph (e)).



18. In article 110 paragraph 2. 7 (b). (c)), the word "punitive" is deleted.



19. In article 110 paragraph 2. 7 the letter j) repealed.



Letters k) and (l)) are known as the letters j and k)).



20. In article 110 paragraph 2. 8 reads as follows:



"(8) to the validity of the examination regulations and Office of law is needed

the prior consent of the Ministry. ".



21. in § 111 paragraph. 5, the words "or disciplinary ' shall be deleted.



22. in § 111 paragraph. 6 points (g)) and i) are deleted.



Subparagraph (h)) to r) shall become letters (g)) up to).



23. in § 111 paragraph. 6 letters) and j) are added:



"i draw up draft regulations), of the electoral code, the test

regulations and Office of law, and submit them to the Assembly for approval,



j) submit to the Ministry for approval to the examination regulations and Office

order ".



24. in section 113 para. 5, the words "and with membership of the disciplinary Commission," shall be deleted.



25. section 114 shall be deleted.



26. section 116 and 117:



"§ 116



(1) the bailiff, candidate and associate are able in the printer responsible for the disciplinary

wrongdoing.



(2) the Disciplinary offense bailiff, a candidate or Attorney is a serious

or re-



and the breach of his obligations) legal or professional

Regulation or by order of the Chamber, or



(b)) of violating the dignity of the bailiff profession of his behavior.



(3) a bailiff can be for disciplinary transgressions to save some of these disciplinary

measures:



a) admonition,



(b) written reprehension,)



(c)), a fine up to 100 times the basis referred to in paragraph 6,



(d) the Office of bailiff) appeal.



(4) a candidate may be considered disciplinary transgressions to save some of these disciplinary

measures:



a) admonition,



(b) written reprehension,)



c) fine up to ten times the basis referred to in paragraph 6,



(d) revocation of representation).




(5) Koncipientovi can be used for disciplinary transgressions to save some of these

disciplinary matters:



a) admonition,



(b) written reprehension,)



(c)), a fine up to twice the basis referred to in paragraph 6.



(6) the basis for the determination of the fines referred to in paragraphs 3 to 5 of the General

assessment basis determined in accordance with the Act on pension insurance for

the calendar year that the two years preceding the calendar year in which the

executor, a candidate or an associate committed a disciplinary offence.



(7) if the disciplinary measure was imposed the appeal of the bailiff

the authority shall not be revoked the bailiff for a period of 5 years from the legal force

decision on the appeal appointed bailiff. If you saved the disciplinary

the revocation of the measures represent may not be revoked, the candidate for

five years after the decision on revocation of the appointed representative, or

to be named executor.



(8) income from fines is the State budget revenue.



§ 117



(1) disciplinary proceedings shall be initiated on the proposal, which is called exercise disciplinary action.



(2) exercise disciplinary action is entitled to file an



and) the Minister against any executor, candidate or

koncipientovi,



(b) the Chairman of the Audit Commission and) the Chairman of the Audit Commission in matters

the scope of these by the Commission against any of the bailiff, the candidate

or koncipientovi,



(c)) the President of the regional court against executor, having its registered office in the circuit

This Court, candidate or koncipientovi of the bailiff or

representatives of the executor,



(d)), the President of the District Court against executor, having its registered office in the circuit

This Court, the candidate or the bailiff, koncipientovi



(e)) the President of the District Court against executor, which was by that Court

in charge of execution, against the candidate or koncipientovi of this

the executor or the representatives of the executor



(hereinafter referred to as "Disciplinary Prosecutor").



(3) the Disciplinary action must be filed within 6 months from the date of the disciplinary

the Prosecutor initiating disciplinary misdemeanour of a learned, but not later than within 3 years from the date

When the wrongdoing occurred karnej. The six-month period is not counted

the period during which the preparatory acts are carried out to examine whether the

kárnému misconduct has occurred, but not more than two months.



(4) the Disciplinary action shall contain the name and surname of the executor, the candidate

or as an associate, against which the action is brought, its seat, registered office

the executor, in which the candidate or a clerk employed, a description of the deed,

for which it is proposed to begin the disciplinary proceedings, and marking evidence on

which the application is based. To disciplinary action shall be attached to the evidence the disciplinary

applicant available. ".



27. section 118 to 120 shall be deleted.



28. section 121, including footnote # 21:



"§ 121



(1) unless otherwise provided by this Act, the disciplinary proceedings shall apply mutatis mutandis

the provisions of the Act on proceedings in cases of judges and prosecutors ^ 21).



(2) disciplinary proceedings act and the boards, which shall decide according to the law on

in proceedings concerning judges and prosecutors ^ 21) Act and make decisions

in proceedings concerning judges.



(3) the measures necessary for the performance of a disciplinary measure imposed performs

by the Ministry.



21) Law No 7/2002 Coll., on proceedings in cases of judges and prosecutors,

as amended. ".



29. in paragraph 123, the words "1 year" shall be replaced by "5 years" and the words ", where appropriate,

a candidate shall be replaced by the candidate or as an associate ".



30. In the first XI at his head following new title XII, including

Title:



"TITLE XII



ADMINISTRATIVE OFFENCES



section 124a



(1) the Chamber of committing an administrative offense, by



and) does not supervise or control over the activity of the bailiff

the Office of the bailiff or the compliance with the obligations laid down

subject to the Act on certain measures against the legalization of proceeds from

crime and the financing of terrorism and/or the supervision carried out in violation of the

with section 7 (2). 5,



(b) does not submit to the Department of professional regulations) pursuant to section 8a of the paragraph. 1,



(c)) does not list legal trainees, or it runs contrary to section 20 (2). 1

or 2, the



(d)) as an associate from the list of the bailiff nevyškrtne Associates pursuant to §

22 paragraph 1. 1 or removed from the list of executives to notify under section 22

paragraph. 2,



e) list of candidates or does not lead to results contrary to § 24 para. 1 or

3,



(f) shall not issue a licence to an executor the executor), stamp or sealer,



g) does not appoint a representative or executor of the new representative in accordance with section 16 of the

paragraph. 1 and 2 or § 18,



h) authority of the Chamber waived the confidentiality agreement does in violation of § 31 para.

2,



the Presidium of the Chamber I) organise the enforcement service has tests in violation of § 115

paragraph. 4 or does not ensure the implementation of the enforcement of the test in accordance with the

the examination regulations issued pursuant to § 115 paragraph. 5,



j) does not result in the central register of execution or leads in violation of § 125,



the decision violates) administration of the Chamber, or



l) contravenes section 8 d of paragraph 1. 3.



(2) for the administrative offence referred to in paragraph 1 shall be imposed to



and $ 10 000 000), in the case of an administrative offence under (a)), i), (j)))

or l),



(b) 5 000 000 Czk), in the case of an administrative offence referred to in subparagraph (c)), d), (e)), g)

or (h)),



(c) $ 1 000 000), in the case of an administrative offence referred to in subparagraph (b)), or (f)).



section 124b



(1) the Chamber for an administrative offence is not liable if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation is prevented.



(2) in determining the amount of the fine to take account of the seriousness of the administrative

offense, in particular, the way a criminal offence and its consequences, and

circumstances in which it was committed.



(3) the liability of the Chamber for an administrative offense shall cease, if the administrative authority

about it will not institute proceedings within 2 years from the date on which it learned,

not later than 5 years from the day when it was committed.



(4) administrative offenses under section 124a hears in first instance

Ministry. ".



The former title XII and XIII are referred to as title XIII and XIV.



Article. (II)



Transitional provisions



1. Where a decision of the Presidium of the invitations to tender published in the official

before the date of entry into force of this law shall apply to this selection

the management of the existing legislation.



2. If the Chamber has proposed to the Minister before the date of the acquisition of the executor of the revocation

the effectiveness of this law shall apply to the revocation existing legal

regulations.



3. unless otherwise further, it is for the disciplinary proceedings

initiated before the date of entry into force of this Act, Act No 120/2001

Coll., in the version in force from the date of entry into force of this Act. Disciplinary

offense shall be considered and disciplinary measures are saved according to the existing

legislation.



4. If the disciplinary Commission, before the date of entry into force of this Act

pursuant to section 120 of the Act No 120/2001 Coll., in the version in force before the date of application

of this Act, and if not produced before the date of entry into force of

of this Act, a written decision or does not send the accused person is able in the printer

the bailiff or candidate decides on the proposal, again the Supreme Administrative

the Court. Similarly, the Presidium shall decide on the appeal before the date

the effective date of this Act pursuant to § 121 paragraph 2. 4 of Act No 120/2001

Coll., in the version in force until the date of entry into force of this Act, and

If not produced before the date of entry into force of this Act, a written

the decision or does not send the accused person is able in the printer.



5. If the Expired before the date of entry into force of this Act, the time limit for

lodging an appeal against the decision of the disciplinary Commission or if this period has started

to run after the effective date of this Act, an appeal shall be submitted to the

The Supreme Administrative Court, it was not before the date of entry into force of

This Act submitted to the disciplinary Commission. For the length of the period of appeal is

apply the existing legislation.



6. On appeal, the issue was not decided before the date of the acquisition of

the effectiveness of this law, as well as the appeal in accordance with section 4, second sentence, the

apply mutatis mutandis the provisions of law in cases concerning judges and

prosecutors ^ 21). Decisions of the appeal boards, which act and

make decisions in proceedings concerning judges. If it does not reject the Supreme Administrative Court

appeal, the contested decision cancels the whole or in part and in the matter of

shall decide.



7. The Chamber shall surrender the Supreme Administrative Court documents and writings to the management

in accordance with points 3 to 6 within 1 month from the date of entry into force of this Act.



PART TWO



Amendment of the Act No. 121/2008 Coll., on higher court officials and higher

officials of the public prosecutor and amending related laws, in

amended by Act No. 7/2009 Sb.



Article. (III)



In section 4, paragraph 4. 2 of the law No. 121/2008 Coll., on higher court officials and

senior officials of the public prosecutor and amending related

law, the words "and the type of proceedings" shall be replaced by "type of proceedings and

When the activity of the Court ".



PART THREE



The EFFECTIVENESS of the



Article. (IV)



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



Vaidya in the r.



Klaus r.



Fischer v. r.