Act No. 117 / 1994 Coll.
Act amending and supplementing Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, supplements Act No. 166 / 1993 Coll., on the Supreme Audit Office, as amended, Act No. 331 / 1993 Coll., and Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended, Act No. 122 / 1993 Coll., and amends Act No. 563 / 1991 Coll., on accounting
Valid
Law
Effective from 01.07.1994
117
THE LAW
of 29 April 1994
amending and supplementing Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, supplements Act No. 166 / 1993 Coll., on the Supreme Audit Office, as amended, Act No. 331 / 1993 Coll., and Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended, Act No. 122 / 1993 Coll., and amending Act No. 563 / 1991 Coll., on accounting
Parliament has decided on this law of the Czech Republic:
Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended by Act No. 468 / 1991 Coll., Act No. 68 / 1993 Coll. and Act No. 189 / 1993 Coll., is amended as follows:
1. In Article 1 (1), the words "higher territorial units and authorities' shall be inserted after the word" institutions' and the sentence, including footnote (1a), shall be added to the end: "Specific laws shall specify in which cases the exercise of this right is restricted. (1a)
1a) For example Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended (full version No. 361 / 1992 Coll.), Act No. 186 / 1992 Coll., on the service relationship of members of the Police of the Czech Republic, as amended by Act No. 26 / 1993 Coll., Act No. 555 / 1992 Coll., on the Prison Service and the Judicial Guard of the Czech Republic. "
Article 2 (1) reads as follows:
"(1) Parties and movements are subject to registration under this Act."
Article 3 (2) reads as follows:
"(2) Only natural persons may be a member of the Party and the Movement."
Article 4 (2) (3) reads as follows:
"(3) A member of a party and a movement may be a citizen over 18 but may be a member of only one party or movement. '
5. The introductory phrase of Section 4 is: "Parties and movements cannot establish and operate."
6. Paragraph 5 (3) is deleted.
7. Paragraph 5 (4) becomes paragraph 3. The second sentence, including footnote 2, reads: "The establishment and organisation of the activities of parties and movements at workplaces or in cases provided for by special legislation2) is inadmissible.
2) E.g. § 2b of Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended (full version No. 361 / 1992 Coll.). '
8. In Article 6 (2), the words "at least three members' shall be inserted after the words" to serve '.
9. Article 6 (2) (b) (4), (5), (6) and (7) read:
"4. the rights and obligations of members,
5. Provisions on organisational units, where they are established, in particular the definition of the extent to which the property may be acquired, managed and treated for the benefit of the Party, or other property rights, and the extent to which it may act and undertake on behalf of the Party,
6. authorities, including statutory, arbitration and review bodies, the way in which they are established and the definition of their authorisations;
7. The manner in which statutory bodies act and sign whether and to what extent they can do legal acts on behalf of the Party and the Movement and other members or workers; ';
10.
"(5) Unless otherwise determined by the Statutes, it shall act on behalf of the Party and the Movement until the bodies referred to in paragraph 2 are established. (b) point 6 of the Preparatory Committee. The authorities of the Party and the Movement shall be established no later than 6 months after the formation of the Party and the Movement. If the authorities are not established within that period, the Ministry of the Interior (hereinafter referred to as" the Ministry ') shall initiate the proposal to suspend the activities of the Party and the Movement (Section 14).'.
11. in Paragraph 7 (1), the words "Ministry of the Interior (" the Ministry ")" shall be replaced by the words "Ministry."
12. In Paragraph 7 (5), the second sentence is deleted.
13. in § 8 (1), the words "and § 6 (3) and (4)" shall be inserted after the words "§ 1 to 5."
14. The first sentence of Paragraph 8 (5), including footnote 2a, reads: "The Preparatory Committee may appeal to the competent court within 30 days of receipt of the decision to refuse registration. (2a)
2a) § 250m of the Civil Code. '
15.
The formation of the party and movement, their name, abbreviation and seat shall be notified by the Ministry within 7 days of the date of registration to the Czech Statistical Office. The Ministry is in charge of party and movement records. '
16. Instead of Article 10 cancelled, a new Section 10 shall be added, which reads:
The Party and the Movement shall notify the Ministry in writing of the data relating to the name, surname and permanent residence of persons who are the statutory body of the Party and the Movement or its members within 15 days of the date of establishment or amendment of the Statutory Body. The notification shall be supported by a resolution of the Party authority and of the movement which is entitled under the Statutes to take decisions in this matter; The other submissions relating to the data kept in the Ministry's register (Sections 11 and 12) shall also be substantiated accordingly. ';
17. Article 11 (2) reads as follows:
"(2) Paragraphs 7 and 8 shall apply mutatis mutandis to the amendment of the statutes."
18. In Paragraph 13 (6), the following words are added at the end of the first sentence: "or if, even after the expiry of the period laid down in the court decision suspending the party or movement, the facts for which their activities have been suspended persist."
19. Paragraph 14 (1) reads as follows:
"(1) The activities of the Party and of the Movement may be suspended by decision of the Court if their activities are contrary to Sections 1 to 5, 6 (5) and 17 to 19 or to the Statutes."
20. Paragraph 14 (2) reads as follows:
"(2) In the event of suspension of activity, the Party and the Movement may only take action aimed at eliminating the situation which has given rise to a decision by the court to suspend their activities for a maximum period of one year. If the facts for which the Party's activities have been suspended remain, the authorities referred to in Section 15 of this Act shall submit a proposal to dissolve the Party. '
21. In Paragraph 14, the following paragraph 3 is added:
"(3) If, within the time limit laid down, it is decided to remove the situation justifying the suspension of the Party and the Movement, the court shall, on the basis of a proposal from the Party and the Movement, decide, with the exception of the renewal of the activity suspended for the reasons set out in Sections 6 (5) and 18 (1) and (4), when the Party and the Movement are deemed to have been properly renewed on the date on which the obligation laid down has been recognised as having been fulfilled by the competent authority. ';
22.
(1) The suspension of the party and the movement (§ 13 (1) (b)), the suspension of the party and the movement (§ 14 (1)) and the resumption of their activities (§ 14 (3)) are decided by the Supreme Court. The application shall be submitted by the Government; If they do not do so within 30 days of receipt of the complaint, the President of the Republic may make a proposal.
(2) It is not possible to suspend or dissolve the activities of the Party and the Movement within the period from the date of the announcement of the national elections to the Chamber of Deputies, the Senate, the town and municipal councils and the authorities of the higher territorial authorities until the tenth day following the last day of the elections. This does not apply if the party's and the movement's activities are contrary to § 4. '
23. The following Section 16a is inserted after Section 16:
Judicial protection
(1) If the decision of the party's authority and the movement is concerned by the facts in the Ministry's register (§ 10 to 12), a member of that party and the movement may, within 6 months of the adoption of such a decision, request the District Court to examine it if it considers it illegal or contrary to the statutes.
(2) If the party and the movement are not cancelled, the application for review referred to in paragraph 1 may be made only if the arbitration body of the Party and the movement has not complied with or decided on a member's request for redress within 30 days of its submission.
(3) The Court of First Instance shall proceed in the proceedings in accordance with Articles 246a, 246b (2) and 246c and Title II of Part Five of the Code of Civil Procedure.
(4) A copy of the final judgment of the court referred to in paragraph 1 shall be sent by the court to the Ministry. "
24. Article 17 (2), (3) and (4), including footnote 3, read:
"(2) The Party and the Movement may not, on their own behalf, engage in business activities and may not set up a legal person who carries on business activities or participate as members of such a legal person.
(3) The acceptance of parties and movements may be
(a) contribution from the state budget of the Czech Republic for the reimbursement of electoral costs;
(b) contribution from the state budget of the Czech Republic to the activity (hereinafter referred to as "activity contribution"),
(c) contributions from the budgets of higher local authorities and municipalities, if the law so provides;
(d) the contributions of its own members;
(e) gifts,
(f) income from the rental of movable and immovable property;
(g) interest on deposits;
(h) income from the sale of movable and immovable property;
(i) revenue from the organisation of lotteries, raffle, cultural, social, sports, recreational, educational and political events;
(j) loans and loans.
(4) The Party and the Movement keep accounts under a special law. 3) Accounting records of the management of the contribution from the state budget of the Czech Republic (hereinafter referred to as the "State contribution") are kept separately by the party and the movement.
3) Act No. 563 / 1991 Coll., on Accounting. '.
25. Paragraph 18, including footnote 4, reads as follows:
(1) The Party and the Movement are required to submit an annual financial report to the Chamber of Deputies and the Supreme Audit Office by 1 April each year, which includes:
(a) annual accounts according to special rules, 4)
(b) the audit report on the annual accounts;
(c) an overview of the total revenue broken down by Article 17 (3);
(d) an overview of the amount of gifts and gifts; if the value of the gift or the sum of the value of the gift of one donor per year exceeds CZK 100,000, the name, surname, residence and birth number of the donor shall be indicated for the natural person, the name of the donor, address of the registered office and identification number.
(2) If the Supreme Audit Office finds that the annual financial report has not been submitted within the time limit laid down, or that it was incomplete or contains false information, it shall inform the Chamber of Deputies without delay. Following this communication, the annual financial report submitted shall be public.
(3) A party and movement which did not submit an annual financial report within the time limit laid down, or where the annual financial report was submitted incomplete or contains false data, the Supreme Audit Office shall, at the same time as the communication referred to in paragraph 2, call for the correction of deficiencies. the party and the movement are obliged to do so within 10 days of the receipt of this call, possibly within a period extended with the agreement of the Supreme Audit Office.
(4) The obligation laid down in paragraphs 1 and 3 shall be deemed to be fulfilled if the Supreme Audit Office so recognises. He shall report promptly on the removal of deficiencies to the Chamber of Deputies, the President of the Republic and the Government. If the deficiencies have not been remedied within the time limit laid down by law or with the approval of the Supreme Audit Office extended, the Supreme Audit Office shall inform the Chamber of Deputies, the President of the Republic and the Government without delay; This communication is an incentive for a proposal under Paragraph 15.
(5) The Chamber of Deputies or its body, which empowers the Chamber of Deputies to do so, may give the Supreme Audit Office an incentive to examine whether the annual financial report of the Party and of the movement to which the State contributions have been paid is in line with paragraphs 17 to 19 of the Act, even if there is additional doubt.
4) For example Act No. 563 / 1991 Coll. '.
26.
(1) The Party and the Movement are entitled to a State contribution under the conditions laid down by law.
(2) The action contribution shall include a permanent contribution and a mandate contribution.
(3) Entitlement to a permanent contribution or to a contribution to a mandate arises from a party and a movement which has submitted an annual financial report within a specified period (Paragraph 18 (1)).
(4) The right to a permanent contribution arises from a party and a movement which has received at least 3% of the votes in the elections to the Chamber of Deputies.
(5) Entitlement to the mandate allowance is granted if at least one Member or Senator has been elected on the Party and Movement Candidate List or has been elected as Party and Movement on the Coalition Candidate List in elections to the Chamber of Deputies and the Senate.
(6) The permanent contribution amounts to CZK 3 000 000 per year for the party and the movement which received 3% of the votes in the last elections to the Chamber of Deputies. The party and the movement will receive CZK 100,000 per year for every additional 0.1% of the votes started. If the party and the movement receive more than 5% of the vote, the contribution shall not be increased further.
(7) The mandate allowance is CZK 500,000 per year per mandate.
(8) The mandate allowance shall be for the party and the movement on whose candidate list the Member or Senator has been elected throughout the entire term. Where a Member or Senator has been elected on the Coalition's candidate list, the mandate allowance shall be to the party and the movement for which he was listed on the Coalition's candidate list throughout the term of office.
(9) In order to establish the right to a permanent contribution and determine its amount for the party and the movement that are members of the coalition, an agreement on the share of members of the coalition in the election result shall be decisive. If such an agreement is not concluded, or if it is not delivered to the Ministry of Finance within the prescribed time limit, the election result shall be divided equally. Paragraph 3 shall remain unaffected. The Party and the Movement shall deliver to the Ministry of Finance an agreement on the share of the members of the coalition by the last day of the deadline for the registration of candidates.
(10) If the annual financial report submitted was incomplete or false, the payment of the activity allowance shall be suspended until the defect has been remedied (Paragraph 18 (4)). The payment of the contribution to the activity shall also be suspended if an application has been submitted to the Supreme Court pursuant to Paragraph 15; the payment shall also be renewed retrospectively if the decision rejecting the application for dissolution or suspension of the party or movement becomes final. The payment of the contribution to the activity shall also be renewed retroactively for the period during which it was suspended if the party and the movement have eliminated the lack of completeness or unfairness of the annual financial report (Section 18 (4)).
(11) In the year of the elections to the Chamber of Deputies and the Senate, the annual contribution to each parliamentary term is calculated separately. The party and the movement belong to one twelve per month of the annual activity allowance calculated. In the month of the election, the party and the movement will receive a contribution calculated from the results of the election of that term, the amount of which will be better for the party and the movement. "
27. the following Section 20a is inserted after Section 20:
(1) The contribution to the activity is paid by the Ministry of Finance, at the request of the party and the movement throughout the electoral term, in two half-yearly instalments each year. Repayments for the first half shall be paid by 30 June each year and for the second half by 1 December each year. The application shall be made separately for each instalment.
(2) If the agreements referred to in Article 20 (9) received by the Ministry of Finance differ and the party and the movement are entitled to a permanent contribution, the Ministry of Finance shall suspend the payment of the permanent contribution to all members of the coalition. The payment of the contribution to the activity shall also be renewed retroactively after the settlement of the conflict or after the final decision of the court (§ 20 (10)).
(3) The Ministry of Finance shall adjust the amount of the additional instalment of the contribution to the activity if the situation relevant for the calculation of the amount of the contribution has changed during the year. "
28. Article 21b is deleted.
Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 180 / 1990 Coll., Act No. 328 / 1991 Coll., Act No. 519 / 1991 Coll., Act No. 263 / 1992 Coll., Act No. 24 / 1993 Coll., and Act No. 171 / 1993 Coll., is amended as follows:
1. the following paragraph 5 is added to Article 9:
"(5) The Supreme Court shall act as a Court of First Instance, if a special rule so provides. '
2. In Article 120 (2), the words "a business register and 'are replaced by the words" a business register, in proceedings for the cancellation of a political party or political movement, suspension and renewal of their activities, and';
3. The following Section 200i is inserted after Section 200h:
Procedure for the cancellation of a political party or movement, suspension and renewal of their activities
The Tribunal shall act without a hearing by order. Appeals against decisions shall not be admissible. ';
Act No. 166 / 1993 Coll., on the Supreme Audit Office, as amended by Act No. 331 / 1993 Coll., is added as follows:
In Article 3, the following paragraph 4 is added:
"(4) The management of a political party and political movement with contributions from the state budget of the Czech Republic is for the purposes of this Act the management of state property. The Office shall act in accordance with a special law. (1a)
(1a) Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended. '
Act No. 563 / 1991 Coll., on Accounting, is amended as follows:
In Part Two, Paragraph 9 (1) (d), the words "political parties and political movements' are deleted.
(1) Parties and movements registered by the Ministry whose statutes do not comply with the provisions of this Act shall bring their statutes into conformity with this Act within 9 months of the date of its effectiveness and shall submit them to the Ministry within that period. If they do not do so, the Ministry will initiate a proposal to suspend their activities.
(2) Organisational units of the Party and of the Movement under the present Act are considered to be organizational units under this Act and their property and other rights and obligations pass the date of application of the Act to the relevant Party.
(3) A Party and a movement which participates as a member or partner in a legal person engaged in a business activity under the current rules shall terminate that participation by 30 June 1995. The share of profits from the business of such legal entities under the current rules may be used by the Party and the Movement only to meet their programme objectives set out in the Statutes, and may not be distributed among its current or former members.
(4) From the effectiveness of this law to the last day of the elections to the Chamber of Deputies following the effectiveness of this Act, the parties and the movement each year shall have a permanent contribution and a contribution to the mandate in the Chamber of Deputies as annexed to this Act.
(5) In 1994, the party and the movement, in addition to the State contributions paid under the existing rules, belong to one half of the amount referred to in paragraph 4. The contribution shall be paid by the Ministry of Finance at the request of the Party and the Movement by 30 September 1994.
(6) The mandate allowance in the Senate belongs to the party and the movement since the last day of the Senate elections following the effectiveness of this law.
The President of the Chamber of Deputies is hereby authorised to declare in the Collection of Laws of the Czech Republic the full text of Act No. 424 / 1991 Coll., on association in political parties and political movements, as is apparent from later regulations.
Paragraph 54a of the Act of the Czech National Council No. 54 / 1990 Coll., on Elections to the Czech National Council, as amended by the Act of the Czech National Council No. 94 / 1992 Coll.
This Act shall take effect on 1 July 1994.
Uhde v. r.
Havel v. r.
Klaus v. r.
Annex
AMOUNT OF THE ANNUAL STATE CONTRIBUTION AND MANDATOR CONTRIBUTION IN THE MEANING FOR PARTIES AND CROSS PURSUANT TO ARTICLE VI (4) IN THE TUS
| Název strany a hnutí | roční stálý příspěvek | roční příspěvek na mandát v PS | roční příspěvek na činnost celkem |
|---|---|---|---|
| Česká strana sociálně demokratická | 5.000 | 9.000 | 14.000 |
| Českomoravská strana středu | 5.000 | 4.500 | 9.500 |
| Komunistická strana Čech a Moravy | 1.470 | 5.000 | 6.470 |
| Křesťanská a demokratická unie - Československá strana lidová | 5.000 | 7.500 | 12.500 |
| Křesťansko demokratická strana | 667 | 5.000 | 5.667 |
| Levý blok | 3.380 | 11.500 | 14.880 |
| Liberálně sociální unie | 1.250 | 500 | 1.750 |
| Liberální strana národně sociální | 1.250 | 2.500 | 3.750 |
| Občanská demokratická aliance | 5.000 | 7.500 | 12.500 |
| Občanská demokratická strana | 4.333 | 32.500 | 36.833 |
| Sdružení pro republiku - Republikánská strana Československa | 5.000 | 4.000 | 9.000 |
| Strana demokratické levice | 150 | 500 | 650 |
| Strana zelených | 1.250 | 1.500 | 2.750 |
| Zemědělská strana | 1.250 | 2.500 | 3.750 |
| Svobodní demokraté - Občanské hnutí | 3.336 | 3.336 | |
| Hnutí důchodců za životní jistoty | 2.557 | 2.557 | |
| Strana podnikatelů, živnostníků a rolníků České republiky | 2.035 | 2.035 | |
| Klub angažovaných nestraníků | 1.178 | 1.178 |
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Regulation Information
| Citation | Act No. 117 / 1994 Coll., amending and supplementing Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended, Act No. 99 / 1963 Coll., Civil Code, as amended, supplements Act No. 166 / 1993 Coll., on the Supreme Audit Office, as amended by Act No. 331 / 1993 Coll., and Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended, Act No. 122 / 1993 Coll., and amends Act No. 563 / 1991 Coll., on accounting |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.06.1994 |
|---|---|
| Effective from | 01.07.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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