Decree No. 120 / 2014 Coll.
Decree amending Decree No. 177 / 1996 Coll., on the remuneration of lawyers and compensation of lawyers for the provision of legal services, as amended
Valid
Effective from 01.07.2014
120
DECLARATION
of 26 June 2014
amending Decree No. 177 / 1996 of the Ministry of Justice Coll., on the remuneration of lawyers and the compensation of lawyers for the provision of legal services (legal tariff), as amended
The Ministry of Justice provides, pursuant to § 22 (3) of Act No. 85 / 1996 Coll., on the Advocate General, as amended by Act No. 79 / 2006 Coll., and under § 374a (c) of Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 30 / 2000 Coll.:
Decree No. 177 / 1996 Coll., on the remuneration of lawyers and the compensation of lawyers for the provision of legal services (Legal Tariff), as amended by Decree No. 235 / 1997 Coll., Decree No. 484 / 2000 Coll., Decree No. 68 / 2003 Coll., Decree No. 618 / 2004 Coll., Decree No. 276 / 2006 Coll., Decree No. 399 / 2010 Coll., Decree No. 486 / 2012 Coll., Constitutional Court found, published under No. 116 / 2013 Coll., and Decree No. 390 / 2013 Coll., is amended as follows:
1. In Paragraph 1 (2), the words "unless otherwise provided for in this Decree 'shall be inserted after the words" on non-contractual remuneration'.
2. Paragraph 1 (3) reads as follows:
"(3) The amount of the remuneration of the lawyer appointed by the court shall be determined in accordance with the provisions on non-contractual remuneration; Paragraph 12 (2) shall not be used. ';
3. Paragraph 12 (3) reads as follows:
"(3) When two or more items are combined for which a connection to a joint discussion is not provided for by another law, the sum of the tariff values of the connected cases shall be regarded as a tariff value. ';
4. the following Part Five is inserted after Part Four:
SPECIFIC PROVISIONS ON THE REFUND TO THE COSTS OF THE PROCEDURE
(1) In civil proceedings,
(a) which was initiated by an application lodged on a stable model applied repeatedly by the same applicant in factual and legal cases,
b) in which the subject matter of the proceedings is cash performance and the tariff value does not exceed CZK 50,000; and
(c) in which the applicant has been granted reimbursement of the costs;
for the purposes of determining the reimbursement of costs, the rate for each act of legal service until the application for the initiation of proceedings, including from a tariff value
| 1. | do 10 000 Kč | 200 Kč, |
| 2. | přes 10 000 Kč do 30 000 Kč | 300 Kč, |
| 3. | přes 30 000 Kč do 50 000 Kč | 500 Kč. |
(2) For the purposes of determining the costs of the proceedings, the rate of remuneration for the first meeting with the client, including the taking over and preparation of the representation and the drawing up of the application for the opening of proceedings, shall be CZK 100 for each of these operations, in respect of the enforcement of the decision.
(3) The rate of remuneration for further acts of legal service for the purposes of determining the reimbursement of costs in the proceedings referred to in paragraphs 1 and 2 shall be fixed in accordance with Article 7.
(4) The total amount of remuneration for the purpose of determining the reimbursement of costs in the proceedings referred to in paragraph 1 is limited to the amount of the tariff value.
(5) The flat-rate amount for reimbursement of expenditure on national postal, local and transport charges for the purposes of determining the reimbursement of costs shall be:
(a) 100 CZK for each of the legal service activities covered by paragraphs 1 and 2,
b) 300 CZK for each of the legal service activities covered by paragraph 3.
(6) Paragraphs 6 and 8 to 12 shall apply mutatis mutandis. "
The fifth part shall be renumbered as the sixth part.
Transitional provision
In proceedings initiated before the date of entry into force of this Order, the costs shall be paid in accordance with the existing legislation.
Efficacy
This Decree shall take effect on 1 July 2014.
Minister:
Prof. JUDr. Vláková, CSc., v. r.
Contents
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Regulation Information
| Citation | Decree No. 120 / 2014 Coll., amending Decree of the Ministry of Justice No. 177 / 1996 Coll., on the remuneration of lawyers and the compensation of lawyers for the provision of legal services (legal tariff), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2014 |
|---|---|
| Effective from | 01.07.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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