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Payment By The State Of The Law

Original Language Title: Valtion maksuperustelaki

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State payment law

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In accordance with the decision of the Parliament:

CHAPTER 1

General provisions

ARTICLE 1
Scope of law

The general criteria for the size of the fees and charges levied by the State authorities, as well as other criteria for payments, are laid down in this Act.

This law concerns the President of the Republic with regard to decision-making at the State Council. (16/04/1993)

This law also applies to the Office of the President of the Republic, the Office of the Parliament and the Office of the Parliamentary Ombudsman, as well as to the State Audit Office in the context of the representation of international relations and the European Union. Research facility. (25.5.2007)

This Act shall not apply to State institutions or to State funds unless otherwise provided for by the Funds. In addition, this law shall not apply to agencies and bodies whose payment activity is governed by the commercial principles laid down by law before the entry into force of this Act. (16/04/1993)

ARTICLE 2
The relationship of law with other provisions

If by any other law or by virtue of a legal mandate the provisions of this law are adopted, they shall be followed instead of this law.

A regulation adopted pursuant to this law may derogate from the provisions of the Law on the non-enforcement of certain minor claims (266/50) Provides.

ARTICLE 3
Definitions

For the purposes of this law:

(1) acts carried out by the State authority, goods and services produced by the State and other activities; and

(2) by means of public law, a State authority whose demand is based on a law or regulation and whose production authority has a de facto monopoly.

CHAPTER 2

General criteria for the level of payment and payment of the performance

§ 4
Payment services

The following performance shall be paid, unless there are reasonable grounds for the free payment of the service:

(1) goods produced by the State authority;

(2) services produced from a subscription or other assignment;

(3) decisions taken on application;

(4) temporary assignment of rights of use and other rights; and

(5) other activities, when the production of the performance is the result of the recipient's measure.

(14.1998/961)

In particular, it must be paid in the form of a payment, in particular where it is produced by a non-State authority, or a comparable performance, or when the production of the service is linked to the economic activity of the recipient.

§ 5
Non-payment transactions

The following performance shall be free of charge, unless there is a particular reason for the payment of the service:

(1) deliverables which cannot be considered to be directly attributable to a single person, to an undertaking or to a strictly limited group;

(2) deliverables with a view to providing security benefit; and

(3) advice, instructions, guidance and information provided by the Authority, provided that these entail only marginal costs.

ARTICLE 6
Fees for the provision of public services

The amount of the fee to be charged to the State for the public service must correspond to the total cost to the State of the production of the service ( Own cost value ).

A similar charge may be imposed on the same quality of performance by one or more authorities, even where the cost of producing the service is different. The amount of such a fixed fee shall be determined on the basis of the average overall cost of the performance.

Payment may be made to be levied in general lower than the own cost value of the performance, or not to be collected in full, provided that health and medical care, other social purposes, administration of justice, environmental protection, training activities or For reasons of general cultural activity or for such comparable reasons. For a specific reason, the fee may be imposed on a specific group to be recovered at lower cost or not to be recovered. For a specific reason, a charge which would otherwise be equivalent to the cost value of the service would be made higher than that.

Where a charge is imposed on the charge, a corresponding charge shall also be charged to the State authority, unless there is a specific reason for the other procedure.

It is for the performing authority to ensure that the cost of the performance is not incurred more than the appropriate quality of the performance.

§ 7
Prices of other services

The prices of services other than those referred to in Article 6 shall be determined on a commercial basis. A budget may be allocated to the State budget in order to reduce the price of business-based services.

Where the authority has a de facto monopoly on the production of the performance referred to in paragraph 1, the price to be charged for the performance shall also be determined in such a way that it corresponds to the cost of the service. (14.1998/961)

Where the Authority produces a dominant position in a dominant position, the pricing of the services must take into account the (480/1992) The provisions on abuse of a dominant position. (14.1998/961)

L restrictions on competition 480/1992 Has been repealed by L 948/2011 , see Competition L Articles 7 and 12 of 948/2011 .

CHAPTER 3

When deciding on the fees

§ 8 (16/04/1993)
The matters provided by the Regulation and the powers of the Ministry

The payment of decisions by the President of the Republic and the General Council of the Government, as well as the decision on the decision to make the payment on the basis of their own cost value and on the basis of commercial considerations, shall be governed by the Regulation. The Regulation also provides for the fixed charges referred to in Article 6 (2) and for which decision, on the basis of the words referred to in Article 6 (3) or (4), and how the amount of the fee may be determined by way of derogation from the cost of the decision. In other cases concerning these payments, the competent Ministry is competent. In this law, the Ministry also refers to the Office of the Government.

The Ministry of Foreign Affairs shall decide which of the departments or the performance categories of the Ministry and of the other authorities in the administrative sector are paid, and on which performance or performance, the fee is determined on the basis of the cost value and the deliverables Pricing on a commercial basis.

In the cases referred to in paragraph 2, the Ministry shall also decide on the fixed charges referred to in Article 6 (2) and for which performance or group of performance, in accordance with Article 6 (3) or (4), and how the amount of the fee may be: By way of derogation from the cost value of the service.

By way of derogation from Article 1 (1), the payment and the amount of the fee to be charged shall be determined by way of derogation from paragraph 1, by way of derogation from paragraph 1. Decision.

§ 9
Powers of the Authority

In cases other than those referred to in Article 8, the competent authority shall have jurisdiction in matters relating to charges and the pricing of services.

ARTICLE 10 (25.5.2007)
Special agencies and agencies

Office of the Parliamentary Assembly, the President and the Parliamentary Ombudsman of the Parliament, the National Audit Office and the Institute for International Relations and the European Union Research Institute, as well as the Office of the Attorney-General, and The Bank of Finland and the Social Insurance Institution shall determine their own contributions.

CHAPTER 4

Outstanding provisions

ARTICLE 11
Recovery of charges

Payment of the public service obligation referred to in Article 6 may be charged in the order in which the fees and charges are levied by the law on the recovery of taxes and charges (2006) Provides.

The other services referred to in Article 7 shall be subject to compliance with the provisions of private law.

L-enforcement of taxes and charges 367/1961 Has been repealed by L for the implementation of taxes and charges 706/2007 . See. State payment-based 211/1992 § 2-5 See also the recovery of L claims 13/1999 .

Article 11a (14.1998/961)
Payment prescribing

The supporting documents or other documents shall indicate the provisions on which the fee is based. Where the imposition of a charge is based on a specific calculation for a public law, the calculation shall be included.

The error found in the determination of the payment may be corrected in accordance with the administrative law (998/1982) Provides for the correction of an error and a clerical error.

In the event of a payment of a public service charge, the authority of destination shall issue instructions for the exercise of the remedy referred to in Article 11b.

Administrative procedure L 598/1982 Has been repealed by L 434/2003 , see Management L 434/2003 8 .

Article 11b (7.8.2011)
Appeals against payment

The decision on the imposition of the charge referred to in Article 6 may require an adjustment within six months of the imposition of the charge, as in the administrative law (2003) Provides.

The decision to amend the requirement of amendment may be appealed against by the administrative court, as in the case of administrative law (18/06/1996) Provides. The decision of the Administrative Court shall not be subject to appeal.

Payment disputes relating to other services referred to in Article 7 of the Act shall be treated as a dispute in the District Court.

L to 0951/2015 Article 11b enters into force on 1 January 2016. The previous wording reads:

Article 11b (14.1998/961)
Appeals against payment

A person liable for payment, which considers that there has been an error in the imposition of a charge imposed by Article 6, may require an adjustment to be made to the authority of destination within six months of the imposition of the charge. The decision on the adjustment requirement may be lodged by the appeal against the right of appeal to which the authority designated by the tachograph is situated. The period of appeal shall be 30 days from the date on which the appellant has been informed of the decision on the appeal. The decision of the Court of Justice shall not be challenged.

Payment disputes relating to other services referred to in Article 7 of the Act shall be treated as a dispute in the District Court.

ARTICLE 12
More detailed provisions

More detailed provisions on cost-value costs, interest in late payment due to late payment, interest in late payment, time of payment and payment deadlines, advances, guarantees, recovery of the amount receivable And other matters concerning recovery and other enforcement of the law, taking into account the provisions of Article 10, shall be adopted by the Regulation.

Article 12a (14.1998/961)
General government mandate

For the purposes of the uniform application of the State aid-based law, the Ministry of Finance may issue guidelines on the general principles applicable to the payment of the charges and the general principles applicable to charges, as well as other public Management procedures.

CHAPTER 5

Entry into force and transitional provisions

ARTICLE 13
Entry into force

This Act shall enter into force on 1 March 1992.

This law will repeal:

1) State payment law of 29 December 1973 (180/73) ; and

(2) Law of 17 October 1942 on the basis of fees and charges for the supply of certain authorities (12,16) With its subsequent modifications.

Before the entry into force of this Act, measures may be taken to implement the law.

ARTICLE 14
Transitional provisions

Regulations adopted pursuant to the repealed laws shall remain in force until 31 December 1993, unless they are separately repealed.

If other laws refer to the laws that are repealed by that law, the reference shall be construed as referring to this law.

HE 176/91, VaVM 1/92

Entry into force and application of amending acts:

16.5.1994/348:

This Act shall enter into force on 1 June 1994.

THEY 28/94 , VaVM 11/94

25.10.1996/749:

This Act shall enter into force on 1 January 1997.

THEY 97/96 , HaVM 12/96, EV 115/96

14.12.1998/99:

This Act shall enter into force on 1 March 1999.

The provisions of Article 11b concerning appeals shall apply to payments imposed on or after the date of entry into force of the law.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 203/1998 , VaVM 41/1998, EV 151/1998

4.8.2000/721:

This Act shall enter into force on 1 January 2001.

THEY 68/2000 , 10/2000, EV 98/2000

29.6.2006/546:

This Act shall enter into force on 1 January 2007.

Before the law enters into force, measures may be taken to implement it.

LA 28/2006, UaVM 5/2006, EC 15/2006

25.5.2007/607:

This Act shall enter into force on 1 July 2007.

THEY 71/2006 , PNE 2/2006, PLN 10/2006, EV 202/2006, LJL 2/2007, EK 9/2007

7.8.20151:

This Act shall enter into force on 1 January 2016.

In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 230/2014 , LaVM 26/2014, EV 319/2014