Amendment To The Law On Conflict Of Interests

Original Language Title: změna zákona o střetu zájmů

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14/2017 Sb.



LAW



of 29 April 2004. November 2016,



amending Act No. 159/2006 Coll. on conflicts of interest, as

amended, and other related laws



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment to the law on conflict of interests



Article. (I)



Act No. 159/2006 Coll. on conflicts of interest, as amended by law No 216/2008, Coll.,

Law No 158/2009 Coll., Act No. 281/2009 Coll., Act No. 350/2009 Coll.,

Act No. 167/2012 Coll., Act No. 503/2012 Coll., Act No. 131/2015 Sb.

Act No. 190/2016 Coll., Act No. 298/2016 Coll. and Act No. 302/2016

Coll., is amended as follows:



1. In paragraph 1 (b). (b)), the word "financial" is deleted.



2. In article 2 (2). 1 (b). (c)), the words "Government authority" shall be replaced by

the words "administrative authority".



3. In article 2 (2). 1, point (c)) the following new subparagraph (d)), and (e)), which

shall be added:



"(d)) Deputy member of the Government or the Deputy Interior Minister for State

the service,



e) head of Office of the Chamber of Deputies, the Senate or the head of Office

the head of the Office of the President of the Republic ".



Subparagraph (d)) up to) are known as the letters f) to q).



4. In article 2 (2). 1 (b). f), the words "the President and" are deleted.



5. In article 2 (2). the letter o) to q) are added:



"o) member of the county or the Municipal Council of the city of

Prague, which is for the performance of the long-released or who

his election to the Office of Member of the Municipal Council has not been in employment,

but the function executes in the same range as a member of the Town Council, which

It is for the performance of functions in the long term,



p) Councillor of the municipality, town or borough section of the territorial

chartered cities or urban part of the city of Prague,

that is for the long term performance of the disposed or that, before its

by choosing a member of the Council has not been in employment, but

function executes in the same range as a member of the Municipal Council, which is

for the performance of functions in the long term, or



q) Mayor of the village, city district or borough chartered

of the city or borough of the city of Prague,

Deputy Mayor of the village, city district or borough of territorial

Chartered city, Deputy Mayor of the capital

the city of Prague or the members of the Council of the municipality or city district, Borough

Chartered city, City District of the capital city

Prague, the county or the city of Prague, who are not for the performance of functions

a long-term relaxation. ".



6. In article 2 (2). 2 letter d) is added:



"(d) the head of the organizational units of the State), the head of the employee 2. up to 4.

the degree of control by a special legal regulation ^ 3 c) in the organizational

the State, with the exception of intelligence services ^ 3b), or introduced

under the law on civil service, unless the head of the Department or the

a national intelligence service ^ 3b) ".



7. In article 2 (2). 2 (a). e), the words "to the municipal office in City Hall

of the city or into territorially chartered

the city, "shall be deleted.



8. In paragraph 2, at the end of paragraph 2, the period is replaced by a comma and the following

points (f) to (i))), including footnote No 11:



"(f)) judge,



(g)) the Prosecutor



h) soldier in the military rank of Lieutenant Colonel and higher military

rank ^ 11), with the exception of members of the intelligence services ^ 3b), or



I) Director of public research institutions under the law on public

research institutions.



11) § 7 para. 1 (b). e) and (f)) of Act No. 221/1999 Coll., on soldiers from the

profession, as amended. ".



9. in section 2 (2). 3 of the introductory part, the words ' the provisions of § 12 para. 2 "

replaced by the words "§ 12 para. 4 "and the words" (§ 14 para. 1) "shall be deleted.



10. In section 2 (2). 3 (b). and the word "disposes of)" shall be replaced by "is

entitled to dispose of. "



11. In paragraph 2, the following paragraph 4, which including notes 12 and 13 is:



"(4) the obligations under this Act shall not apply to the person referred to in

paragraph 2 (a). and) or (h)), if its affiliation to the safety

ward or his designated Department under the law on classified information

the protection of classified information and the security of the eligibility ^ 12) or

If it is subject specific procedures to ensure the confidentiality and

safety ^ 13).



12) of law No 412/2005 Coll., on the protection of classified information and on the

security, as amended.



Annex No. 8 to the regulation of the Government No. 522/2005 Coll., laying down a list of

of classified information.



13) section 13a of the Act No 456/2007 Coll. on the Financial Administration of the United States, in the

as amended. ".



12. In paragraph 3, the following new paragraph 1, which reads as follows:



"(1) a public official is obligated to refrain from any action, in the

his personal interests which may affect the performance of its functions. Personal

interest for the purposes of this Act shall mean such interest which brings

public officials, public officials, in the person of a legal

a public official or a person controlled by a person close to the public

officials increase the asset, property or other benefit,

the prevention of the possible reduction of property or other benefits

or other benefit; This does not apply, if it is otherwise for the benefit of or interest in

in General, the obvious in relation to unlimited circle of addressees. ".



Paragraphs 1 and 2 shall be renumbered as paragraph 2 and 3.



13. in section 3, paragraph 3. 2, the words "public interest" be replaced by "the proper

performance of functions in the public interest "and the second sentence shall be deleted.



14. in section 4, paragraph 4. 1 the introductory part, the words ' the provisions of point (b). (c) to (i))) "

replaced by the words "(a). (c)) and m) ".



15. in section 4, paragraph 4. 1 (b). (b)), the term "statutory body or" shall be deleted;

and the words "doing business legal entities" shall be replaced by the words "legal

the person who runs a business (the "business legal person"), ".



16. in section 4, paragraph 4. 3, § 9 para. 1 introductory part of the provisions, and in section 11 para. 1

the initial part of the provision, the words "in writing" shall be deleted.



17. in paragraph 4, the following new paragraph 4a through 4 c, which include footnotes

# 14 and 15:



"§ 4a



(1) a public official referred to in § 2 (2). 1 the operator shall not be

radio or television broadcasts or the Publisher of the periodical

print or a partner, Member or controlling person of the legal person,

that is the operator of radio or television broadcast or

the Publisher of the periodical press.



(2) public official referred to in paragraph 1 shall be obliged to terminate the

operation of a radio or television broadcast or issue

periodicals or end its participation or membership in the legal

the person who is the operator of radio or television broadcast

or the Publisher of periodicals, without undue delay after the

He began to perform its function, but no later than 60 days from the date of the initiation of the

the performance function. If not for reasons independent of the will of the public

officers can meet the deadline specified in the previous sentence, the public

officially about this fact in a given period of time shall inform the registration authority and the

at the same time performs all the necessary measures to comply with the

the obligations referred to in the first sentence. The provisions of the special legal

without prejudice to the rules ^ 4).



(3) a public official who did not close its participation or membership in the

the legal entity that is the operator of radio or television

the posting or the Publisher of periodicals, in accordance with paragraph 2, shall not in

the business corporation to exercise voting rights. If the public

officially the sole member of the company must not, in the performance

the scope of the supreme body of this company do other

the decision, than that required by law or pertinent to the cancellation

the business of the company, or to elect authorities or trading company

their members, unless they ceased to function.



§ 4b



A company in which the public official referred to in § 2 (2). 1

(a). (c)) or by the controlled its own share, representing at least 25

% participation of the partner in the business of the company, shall not participate in

procurement procedures according to the law governing public procurement

as a participant or sub-supplier, through which the supplier

demonstrated qualifications. The contracting authority is obliged to make such trading company

excluded from the procurement procedure. The contracting authority must not be of a commercial company

referred to in the first sentence award a public contract of a minor nature, such

the meeting is invalid.



§ 4 c



It is prohibited to provide subsidy in accordance with the legal rules relating to the

the budgetary rules ^ 14) or the investment incentive under the law

governing the investment incentives ^ 15) a company in which

public official referred to in § 2 (2). 1 (b). (c)) or by the controlled

the person's own share, representing at least 25% of the participation of a partner in the

the business of the company.



14) Act No. 218/2000 Coll. on budgetary rules and amending

certain related acts (budgetary rules), as amended by

amended.



15) Act No. 72/2000 Coll., on investment incentives and amending certain

laws (law on investment incentives), as amended

regulations. ".



18. in paragraph 5 of the text at the end of paragraph 1, the words ", the share of the

profits or other benefits, with the exception of the performance of that public official


receive in the form of payment of insurance premiums on the insurance of liability for the performance of

function or which it receives in connection with its participation in the meetings of these

authorities in accordance with the usual practice, to a maximum of $10,000 per year ".



19. In § 5 paragraph 2 reads as follows:



"(2) the public officials referred to in § 2 (2). 1 (b). o) and (p)), which

is a region, the capital city of Prague, municipalities, district or city

Circuit City chartered or municipal parts

the city of Prague designated to perform the function of Member of the management,

supervisory or controlling body of a legal person, if doing business in

her County, the capital city of Prague, village, city or district

Chartered city or borough of the capital

Prague or controlled legal person shares or voting rights,

the reward for this activity does not belong, the share of the profits or other benefits, with

the exception of the performance of that public official receives in the form of payment

insurance premiums on the insurance of liability for the performance of functions or that receives

in connection with its participation in the meetings of these bodies in accordance with

the usual practice in the amount of $10,000 a year. ".



20. in § 5 para. 3 of the introductory part, the words ' the provisions of which are incompatible

functions performed by the employment relationship or in the prison service "

replaced by the words "is inconsistent performance in work or

prison service ".



21. In paragraph 6 of the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the restriction of public officials referred to in paragraph 1 shall apply mutatis mutandis

for legal entities, that are operating entity or

the employer referred to in paragraph 1 established or controlled. ".



22. in section 6 (1). 1, the words "in article 2 (2). 1 (b). (c)) to (n)) (a). 2

(a). b) to (e)) "shall be replaced by the words" in section 2 (2). 1 (b). (c)) to (p)) (a). 2

(a). (b) to (g))) ".



23. In headings of titles IV and V is the word "GIFTS" is deleted.



24. In paragraph 7 (b). (c)), the words "property law" shall be replaced by "property,

who owns the day preceding the day of commencement of performance of the duties, and

assets acquired ".



25. In paragraph 7 (b). (d)), the word "gifts" is deleted.



26. in section 8 shall at the end of the text of paragraph 1, the words "in relation to

Unlimited circuit ".



27. in § 9 para. 1 (b). (b)), the words "of a legal person, the operating

business activity (hereinafter referred to as "entrepreneurial legal entity ') '

replaced by the words "operating a legal person".



28. in § 9 para. 1 (b). (b)), and (c)), after the words "the name of" words ",

identification number of the person ".



29. in § 9 para. 1 (b). (c)), the term "statutory body or" shall be deleted.



30. In paragraph 9, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter e), which reads as follows:



"e) is the operator of radio or television broadcast or

the Publisher of the periodical press, or a partner, Member or

controlling person of the legal person, which is the operator of radio

or tv or the Publisher of the periodical press. ".



31. in section 9, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph

1.



32. section 10 including the title reads as follows:



"§ 10



Notice of property



(1) a public official is required to accurately, completely and truthfully announce



and who owns the property) on the day preceding the day of commencement of enforcement

function, and



(b)) the assets, which took over the performance of his duties.



(2) in the notice of the assets of public official shall state the



a) immovable,



(b)) securities, uncertificated securities or the rights attaching thereto,



(c)) share in the business corporation nepředstavovaný securities or

book-entry securities, and



(d)) other movable property determined by type,



1. the price of which is at the usual time and place, exceeds in

particular case, the amount of Czk 500 000, in the case of notification of asset

referred to in paragraph 1 (b). a), or



2. If it is acquired in the course of a calendar year and their value in its

the summary, which is not, the price of which is less than 50

EUR, the amount exceeded 500 000 CZK in the case of notification of asset according to the

paragraph 1 (b). (b)).



(3) in the notice of the assets of public official on the mode of acquisition and

the price of the assets referred to in paragraph 2 (a). a) and (d)), with the exception of the prices of

Affairs of the immovable referred to in paragraph 2 (a). and), if it is a notice under

paragraph 1 (b). and). for other movables under paragraph 2 (a). (d))

in the notice referred to in paragraph 1 (b). and price) listed in this

the usual time and place. In the notice referred to in paragraph 1 (b). (b))

the price at which public official thing or another immovable thing movable

acquired. ".



Footnote 6 is deleted.



33. In the heading of paragraph 11, the word "gifts" is deleted.



34. In article 11 the following paragraph 1, which reads as follows:



"(1) a public official is required to accurately, completely and truthfully announce

outstanding commitments, which has, on the date preceding the date of the initiation of the performance

function. The announcement shall specify the outstanding liabilities exceeding in

particular case, the amount of $100 000. ".



Paragraphs 1 and 2 shall be renumbered as paragraph 2 and 3.



35. In section 11 (1) 2 (a). a), the words ' ^ 7) Regulations ", the words"

and income of the spouse or partner of public officials ".



36. In paragraph 11 (1) 2 (a). (b)), the word "financial" is deleted.



37. In article 11, paragraph 3 is added:



"(3) the public official is obliged to in the notice, indicating the size, type and source

each income referred to in paragraph 2 (a). and) and the amount and type of undertaking pursuant to

paragraph 1 and paragraph 2 (a). (b)), including to whom such a commitment

It has; individual marks on behalf of the names of the first and last name,

legal person designates the trade name or name identification

the number and location of the person. ".



38. section 12 including the title reads as follows:



"section 12



The time limit and method of reporting



(1) notification pursuant to section 9, section 10, paragraph 1. 1 (b). and) and § 11 (1) 1 served

on the day preceding the day of commencement of duties is a public official

required to do so within 30 days from the date it to the registry a notice of

activities, announcements on property and notice of income and liabilities (

Register notice ") wrote the legal person or authority or

organizational unit referred to in § 14a para. 2.



(2) the notification referred to in section 9, section 10, paragraph 1. 1 (b). (b)) and section 11 (1) 2 is a public

officially obliged to do by 30. June of the following

calendar year performance features all the time.



(3) in the case that there has been a termination of duties of public officers,

is a person who was a public official, shall make the notification

According to § 9, § 10 para. 1 (b). (b)) and section 11 (1) 2 no later than 30 days

from the date of notification of this fact in the register writes legal

person or his authority or the organizational unit referred to in § 14a para. 2,

According to the State at the date of termination of duties. In the notice in accordance with § 10

paragraph. 1 (b). (b)) shall be a person who was a public official, property

According to § 10 para. 2 (a). (d)) only if its value is in its summary

has exceeded the date of termination of duties the amount of 500 000 CZK. In the notice

under section 11 (1) 2 indicate the person who was the public official,

cash receipts or other material benefits or liabilities

only if on the date of their performance of the aggregate amount of cash

income or other benefits or aggregate amount outstanding

liabilities exceeded the amount of 100 000 €.



(4) a public official or a person who was a public official, is

the notification shall be in the periods laid down in paragraphs 1 to 3 and

If not for the facts that are listed in section 9-

11.



(5) the notification referred to in § 9 to 11, and in accordance with paragraph 4 serves the public

official or a person who was a public official, evidenčnímu

authority in electronic form via the Register notice, with

the exception of judges, who serves a notice under section 9 to 11 and under

paragraph 4, in writing, to the Supreme Court. User name and access

password into the registry notification at the request of public officials

or the person who was the public official shall issue a legal person, or

its authority or organizational component responsible for registration under section 14a para.

2. notifications to the registry notification may every public official or the person

that was a public official, the lodge also through the portal

public administration data message authenticated with public

officers or the person who was the public official in question, in a way,

You can log on to the mailbox. After submission of the notification to the

the registry sends the registry administrator shall promptly to public officials or

the person who was the public official, to his data mailbox

information about and registered a notice. After submission of the notification

judge of the Supreme Court promptly sends him on his address information

made and registered a notice.



(6) notification shall be made in the structure and format that provides

By a decree of the Ministry of Justice. Judges served notice on the

the form, which sets out the structure and format of Ministry of Justice

by Decree. "



39. section 13 including title and footnote # 16:



"section 13



The registry notification



(1) a register is hereby established as an information system of public notification


Administration ^ 16), whose maintainer is the Ministry of Justice, unless the

This law provides otherwise.



(2) a notice in the registry are stored electronic documents served

public officials pursuant to § 12 para. 5, with the exception of notifications

administered by the judges, which are stored in written form in the Supreme

the Court; in the notification of the public official shall give its name or names,

name, date and place of birth, legal entity or its Department or

organizational folder in which it operates, with an indication of the function, which in this

a legal entity or its authority, or organizational folder, and

the information required under section 9 to 11 and § 12 para. 4.



(3) everyone has the right to be consulted free of charge through public data

network within the scope of this Act to the registry notification. Notification

public officials referred to in § 2 (2). 1 are available without

the previous request. In notice of public officials referred to in § 2

paragraph. 2 it is possible to be consulted upon request.



(4) the application shall contain, in the case of a natural person, the name, or

name, last name, date of birth, permanent residence and address for service

of the applicant and, in the case of a legal person, the name or business name

the identification number of the person and address, and the details of the natural person who is

on behalf of the legal person and its authority to act on behalf of the

of the legal entity. The request must also contain the name or names and

last name public officials or public officials function and

a legal entity or its Department or organizational unit in which the

public official acts. Application can be filed



a) through a postal service,



b) electronically via the e-mail address of the registry administrator

the registry notification, or



c) electronically via data boxes.



(5) after verification of the request to allow access to the registry a notice grants a

notification to the applicant, the registry administrator's user name and access

the password without undue delay, but not later than 30 days from the date of

receipt of the request shall be forwarded through a postal

services into their own hands the applicant via electronic mail

or through a data box of the applicant. The user name and

access password into the registry notification are valid for 6 months from the

the date of their first use. To disclose to a third party the user name and

the access password to access to the registry notification is disabled.



(6) everyone has the right to communicate the evidenčnímu authority of the fact that

suggest untruthfulness or incompleteness of the data referred to in the notices

registered in the register of notifications. The registration authority shall, within 30 days from the date of

receipt of the notification, notify the person who submitted the communication, as it was with his

communication, loaded.



(7) Registration Authority compares the data referred to in the registry a notice with details

listed in other information systems to the extent provided in § 14 c.

If the registration authority is aware that there has been conduct that has characters

the administrative offense under this Act, it shall notify such fact

without delay to the authority competent to hear administrative offences

under this Act.



(8) any data held in the Register notice concerning public

officials referred to in § 2 (2). 2 can be used and further

processed only for the purpose of detecting any breach of the obligations

in the performance of public officials provided for by this law.



16) section 3 of the Act No. 367/2000 Coll., on public administration information systems

and amending certain other acts, as amended. ".



Footnote No. 8a, 8b and 9 are deleted.



40. the heading of section 14 reads: "keeping a register of notification".



41. In section 14 paragraph 1 reads:



"(1) a registration authority is the Ministry of Justice; in the case of public

officers referred to in § 2 (2). 2 (a). (f)), is a registration authority

The Supreme Court ".



42. In § 14 para. 2 of the introductory part of the provisions for the word "registry"

inserted the word "notice".



43. In § 14 para. 2 (a). a) and (d)), the words "paragraph. 2 "shall be replaced by

"paragraph. 4. "



44. In § 14 para. 2 (b)), and (c)):



"(b)) the storage of the applications submitted to the authority under section evidenčnímu of the investigation. 3 and

4 for a period of 5 years from the date of submission of the application,



(c)) the retention of evidenčnímu notifications submitted to the authority under section 9 to 11 and section

12 paragraph 1. 4 for a period of 5 years from the date of completion of performance of the public

officers, ".



45. In § 14 para. 2 (f)):



"f) collating data and the provision of documents pursuant to § 13 para. 7

the administrative authority competent to act on administrative offences provided for in this

the law ".



46. In § 14 para. 2 (a). g), the words "user name" is inserted

the word "and" and the words "in electronic form to the central address

through the public data network "shall be replaced by the word" notice ".



47. In paragraph 14, the dot at the end of paragraph 2 is replaced by the word "and" and the following

(h)), which read as follows:



"h) the performance of other activities related to the activities referred to in subparagraphs a) to

g).".



48. In article 14, paragraph 3 reads:



"(3) the Supreme Court leads a special register of written notification of the judges as

the set of documents to be administered by public officials referred to in § 2 (2). 2

(a). (f)) and provides activities in relation to them in accordance with paragraph 2 (a).

and), c), (d)), e) and (h)). Into this special registry cannot be seen.

The information contained in the special registry of written notification of the judges

do not provide under the law governing the free access to information. ".



49. In section 2, the following paragraphs 4 and 5 are added:



"(4) the administrator of the registry notification is required to maintain a register of notifications

in order to be able to search by name, where applicable, the names and surnames

public officials, according to legal persons or their organs or

organizational units, in which public officials act, according to the

the feature you are within the legal person or the authority or its

organizational folder public official holds, and according to the period for which

the notice was filed. The registry Notification Manager maintains a registry of notifications

so that for each public officials, it was clear that the notification of the

According to § 9 to 11 and § 12 para. 4 within the time limits set in section 12

paragraph. 1 to 3.



(5) the Registry Administrator shall ensure the protection of published personal notifications

data against the possibility of an automated Internet-based storage

search engines (indexing). ".



50. in paragraph 14, the following new section 14a-14 c, which including the following titles:



"§ 14a



Writing to the registry a notice



(1) without delay, but not later than within 15 days from the date of the commencement or

the end of the performance, registry writes to the notification name or

name and last name of the public office holders, the date and place of his birth,

a legal entity or its Department or organizational unit in which the

public official acts, its function, that of a legal person

or its authority, or organizational folder holds, and the start and

the end of the performance of his functions, with the exception of classified information according to

the law on the protection of classified information and security

the eligibility of the ^ 12).



(2) the information referred to in paragraph 1, the notification shall be entered into the registry, these legal

the person or their agencies or departments:



and) Office of Parliament of the United Kingdom, in the case of

public officials referred to in § 2 (2). 1 (b). and), Registrar

The House of Commons and public office holders referred to in § 2 (2). 2 (a).

(d)), if they are employed, it



(b)) the Office of the Senate of the Parliament of the Czech Republic, in the case of public

officers referred to in § 2 (2). 1 (b). (b)), Registrar of the Senate

and public officials referred to in § 2 (2). 2 (a). (d)), if it

employed,



(c)), the Office of the President if the head of the Office of the

President of the Republic and public officials referred to in § 2 (2). 2 (a).

(d)), if they are employed, it



d) Ministry or other central administrative office, which is not a member of the

the Government, in the case of public officials referred to in § 2 (2). 1 (b). c), (d)),

f) to (i)) and n) and section 2 (2). 2 (a). b) to (d)), g) and (h)), where such public

officials acting in the scope of the Ministry or

Another central public administration authority, with the exception of a statutory authority

subsidized organizations territorial self and the head of the

the employee 2. up to 4. the degree of control of urban sewage

Government body,



(e)), Czech National Bank, in the case of public officials referred to in § 2

paragraph. 1 (b). (j)), and § 2, paragraph 1. 2 (a). (c)), where its staff,



(f)), the Supreme Audit Office, in the case of public officials referred to in § 2

paragraph. 1 (b). k) and § 2 (2). 2 (a). (d)), if they are employed with him,



g) Office of the public defender of rights, in the case of public officials

referred to in § 2 (2). 1 (b). m) and section 2 (2). 2 (a). (d)), if it

employed,



h) security corps, in the case of public officials referred to in § 2 (2).

2 (a). a) and (d)), if its members or employed by him,



I) Regional Office, in the case of public officials referred to in § 2 (2). 1

(a). o) and (q)) and section 2 (2). 2 (a). b), c) and (e)), in the case of members of the

the Municipal Council of his region, the members of the statutory body of the contributory


Organization of its region, the head of the employee 2. up to 4. the degree of control

contributory organization of its region or senior officials included in the

This regional office,



(j)) of the Prague City Hall, in the case of public officials referred to

in section 2 (2). 1 (b). o) and (q)) and section 2 (2). 2 (a). b), c) and (e)), if the

the members of the Municipal Council of the city of Prague, the members of the statutory

authority of the subsidized organizations the city of Prague, the head of the staff

2. to 4. the degree of control of the city of Prague sewage or

senior officials included in the municipality of the capital city of Prague,



k) Municipal Office, the Office of the municipal authority of the borough boundaries or territorial

chartered cities and the urban part of the city of Prague,

in the case of public officials referred to in § 2 (2). 1 (b). p) and (q)) and § 2

paragraph. 2 (a). b), c) and (e)), in the case of members of the Municipal Council of its

the municipality, district or districts of the city and the city

parts of the capital city of Prague, the members of the statutory body of the contributory

his organization, the urban perimeter of the municipality or city district of the statutory

City or borough of the city of Prague, head of the employee 2.

up to 4. the degree of control the subsidized organizations, Borough

part of the city or city or city district of the capital city

Prague or senior officials included in this Office,



l) public research institution, in the case of public officials referred to

in section 2 (2). 2 (a). I), which is a statutory body,



m) the Ministry of Justice, in the case of public officials referred to in §

2 (2). 2 (a). (f)); registration is required to notify without delay to the Supreme

the Court.



(3) a legal person or his authority or the organizational unit referred to in

paragraph 1 immediately after the notification to the registry data shall be entered in accordance with

paragraph 1, they shall inform the competent public officials that have been

to the registry a notice written information referred to in paragraph 1, and of the date by which it is

public official shall be obliged to submit a notification in accordance with § 9 to 11 and § 12 para.

4.



(4) the authorities referred to in paragraph 1 (b). I) to perform the activity described in)

paragraph 1 by.



section 14b



The scope of the inspection notification registry



(1) each may on the first day after the deadline referred to in § 12 para. 1, 2, or 3

to inspect the registry notification for public officials referred to in



and § 2, paragraph 1). 1 range of all of the facts notified pursuant to § 9 to 11 and

§ 12 para. 4, with the exception of the dates and places of birth of public officials and

the identification of immovable property, or



(b)) § 2 (2). 2 only in the scope of the facts notified pursuant to § 9, § 10

paragraph. 2 (a). a) and (c)), section 11 (1) 2 (a). and section 12 paragraph 1). 4, with the exception of

date and place of birth of public officials and the identification of immovable

things.



(2) the Permission under paragraph 1 to inspect the registry notification and obtain

data from it does not apply to information about public funkcionářích, who

are judges, prosecutors or members of the police of the Czech Republic

or General Inspectorate of security forces. The information contained in the

the registry a notice of such public funkcionářích are not provided by the

the law governing a free access to information.



(3) a notification from the registry are to the extent necessary for the performance of their

scope of be empowered to obtain information



and the authorities competent to discuss) administrative offences under this Act,



(b)), the courts and authorities active in criminal proceedings, or



(c)), the intelligence service of the Czech Republic.



§ 14 c



Permission registration authority to inspect other registers and

information systems in public administration



(1) Registration shall be authorized to perform their activities in accordance with § 13

paragraph. 7 use of the basic population register these details



and the name or names), surname, maiden name, including previous

names and surnames,



(b)), the date and place of birth,



(c) the address of the place of stay)



(d)) country of citizenship or more of State citizenship,



(e) the establishment of a data record) of the Clipboard and the identifier of the data boxes,

If the data box is made available.



(2) the Registration shall be authorized to perform their activities in accordance with § 13

paragraph. 7 use of the information system of population register these details



and the name or names), surname, maiden name, including previous

names and surnames,



(b)), the date and place of birth,



(c) the address of the place of residence), including previous address space

permanent residence,



(d)) country of citizenship.



(3) Registration Authority is authorised to carry out its work in accordance with § 13

paragraph. 7 take advantage of foreigners, these data information system



and the name or names), surname, maiden name, including previous

names and surnames,



(b)), the date and place of birth,



(c)) the type and address of the place of residence on the territory of the Czech Republic,



(d) the beginning of the stay, if applicable) date of the termination of the stay,



e) nationality.



(4) the Registration Authority is authorised to carry out its work in accordance with § 13

paragraph. 7 to take advantage of the real estate data on



and land in the form of plots),



b) buildings that are assigned a house number or the registration number,



c) buildings, which house number or registration number does not grant and

which are the main building on the property, unless it is about small structures,



d) units as defined under the civil code,



e) units as defined under the law on ownership of apartments,



(f)) law construction



g) other immovable things that registered in the land registry,



h) rights and other facts entered to immovable things referred to

in (a)) to (g)).



(5) the data referred to in paragraphs 1 to 4 may be applied in a particular case always

only such data which are necessary for the performance of the task. Data,

that are kept as reference data in the base the population register,

to make use of the information system of the population register or an information

of foreigners only if they are in the shape of the preceding the current

status. The information referred to in paragraphs 1 to 4 uses the registration authority in the

electronic form in a manner allowing remote access.



(6) the Registration Authority may, to the extent necessary for the performance of a particular

the task in the exercise of its competence to request copies of the documents on the basis of the

was written in the land register and further from the record Manager

or its operator to request the provision of data



and) from a central registry of road vehicles,



(b)) from the registry of legal persons engaged in physical

people and public authorities,



(c)), from the commercial register,



(d)) of the trades register. ".



51. The heading of title VII is inserted: "ADMINISTRATIVE OFFENCES".



52. section 23 to 25, including the following titles:



"article 23 of the



Misdemeanors



(1) a public official with the exception of public officials referred to in § 2

paragraph. 2 (a). f) or (g) is guilty of an offence) by



and) contrary to section 4 (4). 1 or § 5 para. 3 performs the function or

activity that is incompatible with the performance of public officials,



b) contrary to section 4A(1). 1 is the operator of radio or

tv or a publisher of periodicals or

a partner, Member or controlling person of the legal person, which is

the operator of radio or television broadcasts or the Publisher

periodicals,



(c)) is in receipt of remuneration in violation of § 5 para. 1 or 2,



(d) fails to give notice of personal) interest under section 8 (2). 1,



(e)) in the notice in accordance with § 9-11 or § 12 para. 4 shall indicate clearly inaccurate,

incomplete or false information, or



(f)) does not make a notification within the time limit under § 12 para. 1, 2, or 3.



(2) a natural person has committed the offence by



and the prohibition of the performance of activities breaches) after a specified period of time from the end of the performance

public officials under section 6,



(b)) after the end of the performance of public officials does not make a notification within the

the time limit under § 12 para. 3 or stating clearly inaccurate, incomplete, or

false information,



(c)) in violation of § 13 para. 5 shall notify the third party user name and

the access password to access to the registry a notice, or



(d)) in violation of § 13 para. 8 uses or further processes the data held in

the registry notification for any purpose other than to identify the possible violation of

obligations in the performance of public officials provided for in this

by law.



(3) a fine may be imposed for the offense



a) from $1,000 to $50,000, if the offence referred to in paragraph 1 (b).

d) to (f)) or para. 2 (a). b) to (d)),



(b)), from the 5 000 to 250 000 CZK in the case of an offense referred to in paragraph 1 (b).

a) to (c)),



(c)) from 25 000 to 500 000 CZK in the case of the offence referred to in paragraph 2

(a). and).



(4) For violations referred to in paragraph 1 (b). a) to (e)) and paragraph 2 (a). and)

and (b)) could not be saved. Since the imposition of sanctions in accordance with paragraph 3,

in the case of offences referred to in paragraph 1 (b). a) to (e)) and paragraph 2 (a).

a) and b), in the decision of the offence cannot be dispensed with.



(5) the Offences referred to in paragraphs 1 and 2 may not be discussed in block or

proceedings.



section 24



Administrative offences of legal entities and natural persons-entrepreneurs



(1) a legal entity or individual entrepreneur is committed by the administrative

tort by



and) in violation of § 13 para. 5 shall notify the third party user name and

the access password to access to the registry a notice, or




(b)) in violation of § 13 para. 8 uses or further processes the data held in

the registry notification for any purpose other than to identify the possible violation of

obligations in the performance of public officials provided for in this

by law.



(2) for the administrative offence referred to in paragraph 1 shall be fined from $1,000 to

$50,000.



§ 25



Provisions common to administrative offences



(1) a legal person 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) responsibility for an administrative offense shall cease, if the administrative authority about him

has commenced proceedings within 1 year from the date on which it learned, no later than

However, within 3 years from the date on which it was committed.



(3) The liability for the acts, which took place in the business

person or in direct connection with him, subject to the provisions of the law on

liability and sanctions legal persons.



(4) 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.



(5) administrative offences pursuant to § 23 para. 1 hearing in the transferred

the scope of municipal office municipality with extended powers, in which the territorial

the circuit has a public official. Administrative offences pursuant to § 23 para. 2

(a). a) and b) under discussion in by the Municipal Office of the village with

extended jurisdiction, territorial jurisdiction is a natural person who

was a public official, permanent residence. Administrative offenses under section 23

paragraph. 2 (a). (c)), and (d)) and pursuant to § 24 para. 1 hearing protection Office

of personal data.



(6) the fine imposed for the administrative offences selects and enforced by the authority, which is

saved by. Revenue from fines for administrative offences pursuant to § 23 para. 1 (a). 2

(a). a) and b) is a tv budget of the municipality, the authority of the fine imposed.

Income from fines imposed for administrative offences pursuant to § 23 para. 2 (a). (c))

and (d)) and pursuant to § 24 para. 1 is the State budget revenue.



(7) the penalty is due within 30 days from the date when the decision on its imposition

determined by the authority. ".



Article II



Transitional provisions



1. The prohibition laid down in article 4 c shall apply to the procedure for granting subsidies or

investment incentives initiated after the entry into force of this Act. Control

initiated before the date of entry into force of this law shall be completed in accordance with

the existing legislation.



2. legal persons or their agencies or branches referred to

in section 14a of Act No. 159/2006 Coll., in the version in force from the date of acquisition

the effectiveness of this law, shall be entered in the register of the notification name or

first and last names of all public functionaries who are public

officials at the date of entry into force of this Act and shall perform the function in the

scope the scope of the legal person or the authority or its

business folder, the date and place of birth, legal entity

or her body or the organizational unit in which a public official

they operate, their function and that of a legal person or the authority of the

or organizational folder, and the date from which the function

exercise, within 30 days from the date of entry into force of this Act.

The authorities referred to in § 14a para. 2 (a). I) to) Act No. 159/2006 Coll.

in the version in force from the date of entry into force of this Act shall exercise their

by the activity.



3. Every public official, with the exception of public officials referred to

in section 2 (2). 1 (b). a) and (b)), it shall, within the period from 1 January 2005. October 2017 into

November 30, 2017 to make a notification pursuant to section 9, section 10, paragraph 1. 2 and § 11 (1)

2 (a). (b)) of the Act No. 159/2006 Coll., in the version in force from the date of acquisition

the effectiveness of this law, according to the State at the date of entry into force of

This law and the value of the asset at the date of the notification.



4. Public official who made the announcement in accordance with § 9, § 10 para. 2 and

§ 11 (1) 2 (a). (b)) of the Act No. 159/2006 Coll., in the version in force from the date of

entry into force of this law, within the time limit referred to in paragraph 3, shall in

the time limit to 30. June 2018 only notification according to § 11 para. 2 (a). and)

Act No. 159/2006 Coll., in the version in force from the date of entry into force of

of this Act.



5. If the public official shall initiate the exercise of public functions in the period from

the effective date of this Act to 30. September 2017, is obliged to in the

the period referred to in point 3 to make the notification. This provision shall not apply

public officials referred to in § 2 (2). 1 (b). a) and (b)).



6. Prohibitions and restrictions under Section 4a of the Act No. 159/2006 Coll., in the version in force

from the date of entry into force of this Act, shall not apply to public

officials, who launched the exercise of public functions prior to the date of acquisition

the effectiveness of this provision.



7. the notification under section 9 to 11 of Act No. 159/2006 Coll., in the version in force

from the date of entry into force of this Act, a public official is referred to in

§ 2 (2). 1 (b). a) and b) must do so within the period of 30 days from the date of

composed by the promise of a Deputy or Senator under a special legal regulation.



8. the Registration authorities pursuant to section 14 of Act No. 159/2006 Coll., in the version in force

before the date of entry into force of this Act, shall keep the notification referred to in §

9 to 11 and § 12 para. 2 Act No. 159/2006 Coll., in the version in force prior to the

the effective date of this Act, and requests under § 13 para. 4

Act No. 159/2006 Coll., in the version in force until the date of entry into force of this

the Bill, filed in paper form, for a period of 5 years from the date of acquisition

the effectiveness of this Act.



9. Proceedings for the offence instituted by Act No. 159/2006 Coll. before the date

entry into force of this law, which was not finally completed until the day of

entry into force of this law shall be completed pursuant to law no 159/2006

Coll., in the version in force prior to the effective date of this Act.



PART TWO



Amendment of the Act on the establishment of ministries and other central bodies of the State

administration of the Czech Republic



Article. (III)



In section 11 of Act No. 2/1969 Coll., on establishment of ministries and other Central

Government of the Czech Republic, as amended by Act No. 576/1990 Coll.,

Act No. 555/1992 Coll., Act No. 21/1993 Coll., Act No. 283/1993 Coll.,

Act No. 135/1996 Coll., Act No. 272/1996 Coll., Act No. 257/2000 Coll.

and Act No. 517/2002 Coll., after paragraph 4, insert a new paragraph 5,

which reads as follows:



"(5) the Ministry of Justice is the central body of State administration for

a conflict of interest. ".



The present paragraph 5 shall become paragraph 6.



PART THREE



Amendment of the Act on radio and television broadcasting



Article IV



Act No. 231/2001 Coll., on radio and television

broadcast and amending other laws, as amended by Act No. 309/2002 Coll.

Act No. 274/2003 Coll., Act No. 344/2004 Coll., Act No. 501/2004 Coll.

Act No. 626/2004 Coll., Act No. 82/2005 Coll., Act No. 127/2005 Coll.

Act No. 348/2005 Coll., Act No. 235/2006 Coll., Act No. 160/2007 Coll.

Act No. 296/2007 Coll., Act No. 304/2007 Coll., Act No. 124/2008 Coll.,

Act No. 384/2008 Coll., Act No. 41/2009 Coll., Act No. 196/2009 Coll.,

Act No. 227/2009 Coll., Act No. 132/2010 Coll., Act No. 153/2010 Coll.,

Act No. 302/2010 Coll., Act No 420/2007 Coll., Act No. 458/2007 Coll.

Act No. 142/2012 Coll., Act No. 275/2012 Coll., Act No. 406/2009 Coll.,

Law No. 496/2012 Coll., Act No. 181/2014 Coll., Act No. 250/2014 Sb.

Act No. 79/2015 Coll., Act No. 139/2016 Coll. and Act No. 180/2016 Coll.

is amended as follows:



1. In paragraph 13, the dot at the end of paragraph 3 is replaced by a comma and the following

the letter g) is added:



"(g)) is not a public official, which is according to the law on conflicts of interest

forbidden to operate a radio or television broadcast, or legal

a person of which he is a partner, a member of the public official or

controlling person. ".



2. in paragraph 21 of the text at the end of paragraphs 6 and 7, the words "; It

does not apply, if the companion public official, which is referred to in

the law on conflict of interest prohibited to operate a radio or television

broadcasting ".



3. In paragraph 63, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter d), which read as follows:



"(d)) has become a public official, which is according to the law on conflicts of interest

operation of a radio or television broadcast is disabled, or

such a public official to become his companion, a member of or controlling

person. ".



PART FOUR



Amendment of the Act on courts, judges, lay judges and the State administration of the courts



Article. In



Act No. 6/2002 Coll., on courts, judges, lay judges and State administration

courts and amending some other acts (the Act on courts and judges),

as amended by Act No. 151/2002 Coll., Act No. 229/2002 Coll., the award

The Constitutional Court declared under no. 349/2002 Coll., Act No. 192/2003

Coll., Act No. 441/2003 Coll., Act No. 626/2004 Coll., Act No. 349/2005

Coll., Act No. 413/2005 Coll., Act No. 79/2006 Coll., Act No. 221/2006

Coll., Act No. 233/2006 Coll., Act No. 262/2006 Coll., Act No. 262/2006

Coll., Act No. 342/2006 Coll., Act No. 397/2006 Coll., Act No. 184/2008

Coll., Act No. 314/2008 Coll., Act No. 7/2009 Coll., Act No. 41/2009

Coll., Act No. 217/2009 Coll., Act No. 227/2009 Coll., Act No. 294/2010

Coll., Act No. 215/2011 Coll., Act No. 142/2009 Coll., Act No. 303/2013


Coll., Act No. 185/2014 Coll., Act No. 15/2015 Coll. and Act No. 250/2016

Coll., is amended as follows:



1. in article 14, the following new section 14a is inserted:



"§ 14a



The Supreme Court accepts the notice of judges on the activities, assets, income, and

commitments, their registry and carries out related activities and

acts by a special Act. ".



2. In section 80 is at the end of paragraph 1, the following sentence "the judge is obliged to

to submit a notification of personal interest, on the activities, assets, income, and

commitments under special legislation. ".



PART FIVE



Amendment of the Act on the financial administration of the United States



Čl.VI



In section 18 of Act No 456/2007 Coll. on the Financial Administration of the United States, in the

the text of Act No. 458/2007 Coll. and Act No. 243/2016 Coll., on the end of the

paragraph 1, the period is replaced by a comma and the following letter q) is added:



"q) from the registry a notice of activities, announcements of assets and notification of

income and liabilities; It does not apply to data held by judges in the registry

even the Supreme Court. ".



PART SIX



REGULATION (EEC)



Article. (VII)



Shall be deleted:



1. Government Regulation No. 154/2007 Coll., amending, for the purposes of the law on conflicts of

interest matters, which provides for decide members of the police of the Czech

the Republic and the members of the customs administration of the Czech Republic in the administrative

control.



2. Decree No. 578/2006 Coll., laying down the structure and format of the

form for the submission of a notification pursuant to the law on conflict of interests.



PART SEVEN



The EFFECTIVENESS of the



Article. (VIII)



This Act shall take effect on 1 January 2000. September 2017, with the exception of article. I point

17, art. (II) point 6 and article. (IV) which shall take effect on the fifteenth day after the

its publication.



Hamáček in r.



Sobotka in r.

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