Decret No. 121 / 1945 Coll.
Decret of the President of the Republic on the territorial organisation of the administration, by the national committees
Valid
Effective from 27.11.1945
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121.
Decret of the President of the Republic
of 27 October 1945
on the territorial organisation of the administration carried out by the national committees.
On the proposal of the Government,
RESOLUTION AND NEW ADJUSTMENT OF TERRITORIAL ORGANISATION OF COUNTRIES, ADMINISTRATIVE SECRETS AND CIRCUMSTANCES
Land renewal.
(1) The administrative districts (countries) of the country shall be renewed as from 29 September 1938.
(2) The seat of the Regional National Committee for the Czech Republic is in Prague, the seat of the Regional National Committee for the Moravian-Silesian Country is in Brno.
Restore administrative districts.
(1) The districts of the administrative districts shall be restored according to the condition as of 29 September 1938, unless otherwise specified in this Decree.
(2) The seat of the District National Committees, following the case of the Regional Administrative Commission (Administrative Councils), is in the cities where the seat of the relevant District Office was located on 29 September 1938, unless otherwise specified in that Decree.
(3) Where this decree refers to existing administrative counties, the administrative counties are defined as at 29 September 1938.
New regulation of statutory cities.
Statutory cities and their legal status.
(1) Cities with special status (statutory cities) are:
1. in the Czech Republic Prague, Liberec and Plzeň;
2. in the country of Moravian-Silesian Brno, Olomouc, Opava and Moravian Ostrava.
(2) Local National Committees (Local Administrative Commission) of Statutory Cities - in Prague, the Central National Committee - also exercise the competence of the District National Committee.
(3) Local National Committees (Local Administrative Commission) of Statutory Cities are subordinate to the Regional National Committee (§ 2, paragraph 7 of the Decree of 5 May 1945, No 4 Coll., on the Choice and Jurisdiction of National Committees, as amended by the Decree of 7 August 1945, No 44 Coll.). The subordination of the central national committee of the capital of Prague is governed by the provisions of § 2a, paragraph 4 of the W.v. No. 4 / 1945 Coll. as amended by Decree No. 44 / 1945 Coll.
Extension of the territorial district of the statutory cities.
(1) The following municipalities are attached to the statutory city of Liberec, which are also excluded from the current administrative district of Liberec: Genova Důl, Františkov, Lower Hanychov, Old Harcov, Nové Pavlovice, Old Pavlovice, Rochlice u Liberec, Ruprechtice, Rosodol I and Horní Rosododol.
(2) The following municipalities are attached to the statutory city of Pilsen, which are also excluded from the current administrative district of Pilsen: Bolevec, Božkov, Bukovec, Černice, Hradiště, Koterov and Újezce.
(3) The municipality of Líšt is attached to the statutory city of Brno, which is also excluded from the administrative district of Brno-rural areas.
(4) The municipalities of Jaktař, Kateřinka and Kylešovice join the statutory city of Opava, which are also excluded from the current administrative district of Opava.
(5) The statutory city of Moravian Ostrava is joined by:
(a) the following municipalities which are also excluded from the current administrative district of Moravian Ostrava: Nová Belá, Stará Belá, Hrabová and Vyškovice;
(b) the following municipalities, which are also excluded from the current administrative district of Frýdek: Hřmanice, Hřušov, Kunčice nad Ostravicí, Kunčičky, Michálkovice, Muglinov, Silesská Ostrava and Radvanice.
(6) The Czech official names of the connected municipalities and their settlements of 29 September 1938 remain the official names of the local parts of the relevant statutory cities.
New regulation of administrative districts.
New rural administrative districts located in statutory cities.
(1) The administrative district of Praha- rural-south is established with the seat of the district national committee in Prague. Its district consists of the municipalities of the judicial district of the Arislam, which are also excluded from the current administrative district of Prague-rural areas.
(2) The administrative district of Praha- rural areas, reduced by the municipalities of the judicial district of the rozlaslavský (paragraph 1), is called the Praha- rural-north. The seat of his district national committee is in Prague.
(3) The administrative district of Liberec, reduced by the municipalities attached to the Statutory City of Liberec (§ 4 (1)), is called Liberec-rural. The seat of his District National Committee (Regional Administrative Commission) is in Liberec.
(4) The administrative district of Plzeň, reduced by the statutory town of Plzeň (§ 4 (2)), is called Pilsen-rural. The seat of his district national committee is in Pilsen.
(5) The administrative district of Opava, reduced by municipalities connected to the statutory town of Opava (§ 4, paragraph 4), is called Opava-rural. The seat of his district national committee is in Opava.
Establishment of another administrative district.
The administrative district of Jaroměřská with its seat in Jaroměř is hereby established. Its district consists of the municipalities of the Jaroměřský county, which are also excluded from the current administrative district of the royal court.
Merging and abolishing administrative districts.
(1) The existing administrative district of Frýdek, reduced by the municipalities connected to the statutory town of Moravian Ostrava (§ 4, paragraph 5, point (b), is merged with the administrative district of Lístecký in the single administrative district of Lístecký. The seat of his district national committee is in Místek.
(2) The current administrative district of Moravian Ostrava is hereby repealed. Its municipalities, which do not join the statutory city of Moravian Ostrava [§ 4, paragraph 5, point (a)], namely Krmelín, Proskovice and Stará Ves nad Ondřínice, join the administrative district of the town (paragraph 1).
Change of headquarters of administrative districts.
(1) The seat of the District National Committee is transferred to Dobruška from New Town nad Metují.
(2) The seat of the Regional National Committee to Ústí nad Orlicí is transferred from Lanskrón.
(3) The seat of the District National Committee (Regional Administrative Commission) is transferred to Vejprt from the Association.
Restoration and retreatment of administrative expostures.
Establishment of the Earth Exposition.
(1) An exposition of the Moravian-Silesian National Committee is established in Moravian Ostrava. Its scope shall apply:
(a) the administrative districts of Bílovík, Bruntál, Fryštát, Frývaldov, Šlučín, Nové Jičín, Krnov, Místek, Opava-rural and Český Těšín; and
b) to the statutory cities of Moravian Ostrava and Opava.
(2) Specific provisions are laid down in the scope of the substantive application of the terrestrial exposition.
Restoration and establishment of county expostures.
(1) In the places where on 29 September 1938 the district supervisor was responsible on his behalf, the exposed official - with the exception of Očen - shall resume these administrative expostures as expostures of the relevant regional national committees with their original circuits.
(2) The following new interpretations of the relevant regional national committees are hereby established:
2. in the administrative district of Ústí nad Orlicí expositura in Lanškroun for the municipalities of the judicial district of Lanškroun;
3. in the administrative district of Dobroště expositura in Nové Město nad Metují for the municipalities of the judicial district of the New Town;
4. in the administrative district of the written exposition in Vodňany for the municipalities of the judicial district of Vodňanský.
(3) Similarly, the Decree of the Minister of Interior of 31 December 1936, No. 5 Coll. of 1937, on the establishment of a political exposition in New Strašecí applies to the extent of the substantive scope of the new regional expostures. The scope of all regional expostures is extended by maintenance and supply items.
Legal status of administrative expostures.
(1) In the area for which an administrative exposition has been established, the national parent committee shall exercise its competence to the extent specified by that exposition. The members of the exposition shall be members of the parent national committee. Similarly, this applies to the expositures of the District Administrative Commission.
(2) Regional exposition is referred to as "Moravian-Silesian National Committee - Exposition in Moravian Ostrava." The county expostures are referred to as: "Regional National Committee (Regional Administrative Commission)....... - Exposition in....... '.
(3) The administrative exposition shall be allocated to the necessary number of officials, founders and auxiliary staff.
Restoration and reorganisation of territorial organisation of municipalities.
Territorial districts of municipalities.
As regards the territorial districts of the municipalities, the situation shall be renewed on 29 September 1938 in the following directions:
1. The division of the municipalities is not valid.
2. The territorial adjustment of the municipalities, carried out as a result of the management of the occupation line, is not valid.
3. The territorial adjustment of the municipalities, carried out during the period of lack of freedom of occupation to expand or reestablish military shooters and training camps, is not valid.
4. The abolition of the municipalities of Lidice and Terezín, carried out by measures of the occupying power, is not valid.
5. The municipalities which died of a merger during the period of infreedom shall be restored with their original Czech official names of 29 September 1938, unless the decree provides otherwise (§ 4).
6. Such changes to the municipal borders from the period of infreedom, by which the entire settlements were separated from some of the municipalities and connected to others.
The orchards.
(1) The items are not renewed as legal entities and as departments of the local authority.
(2) The applicability of the Decree of 12 June 1941, No 265 Coll., which abolishes settlements within the meaning of the municipal establishment, is extended to a territory occupied by a foreign authority in 1938 (in the next: border territory).
IMPLEMENTATION TO THE NETHERLANDS.
Territorial changes in countries.
The districts of the countries and the seat of the national committees may be changed only by law.
Territorial changes in administrative districts.
(1) The Government may, by regulation, merge and divide administrative districts and change their respective districts and offices. The participating regional and regional national committees (Regional Administrative Commission) shall be given the opportunity to make their views known in advance. In these measures, either the principle that each municipality may always belong to one administrative district and each administrative district to one country. A change in the administrative districts is considered to be only such a change in which the whole municipality moves from one administrative district to another.
(2) By merging or saying good-bye to the administrative districts, their county national committees (district administrative commissions) will cease to exist. The Ministry of the Interior shall, after hearing the Regional National Committee, take measures for the interim management of such administrative districts and for the speedy establishment of proper authorities. A similar measure will also be taken by the Ministry of the Interior when changing the districts of the administrative districts, if this change can have a significant impact on the composition of the District National Committee.
(3) In the event of a change of perimeter and the separation of administrative districts, the participating district national committees (district administrative commission) shall, if necessary, agree on the settlement of assets and on the division of staff. The agreement is approved and, if it is not reached, the Ministry of the Interior shall decide in agreement with the Ministry of Finance after hearing the Regional National Committee.
(4) Property settlement is without prejudice to third-party claims. By division in accordance with paragraph 3, staff members may not be reduced in the rights and entitlements they have lawfully acquired for themselves and for their members in their current service, provided that those rights do not exceed the rate laid down in Paragraph 212 of the Law of 24 June 1926, No 103 Coll.
(5) Transfers of assets made pursuant to paragraph 1, as well as other legal acts to be required in the light of the territorial changes concerned, shall be exempt from fees and other public benefits.
(6) When changing the administrative district districts, the current rates of premiums, levies and charges shall remain in force in the territories concerned until the end of the financial year in which the territorial changes were made; The Ministry of Interior may, at the request of the District National Committee (Regional Administrative Commission), extend this period for a year after the hearing of the Regional National Committee. The Ministry of the Interior may, on request or from an official authority after hearing the Regional National Committee, also authorise, for a fixed transitional period, the compensation of the internal burden within the administrative district if, as a result of territorial changes, it substantially increases or decreases the burden on the parts of the administrative district concerned by the county levies or surcharges.
Establishment and change of administrative expostures.
(1) The circumference and seat of the Landesexposition may be amended by a government decree.
(2) District expostures may be set up or cancelled, their circuits and their registered offices determined and the extent of their substantive competence determined by the measure of the Minister of the Interior, issued after hearing the Regional National Committee and published in the Collection of Laws and Regulations.
Special Statutes and Territorial Changes to Statutory Cities.
(1) The Government may, by regulation, declare a city for which a general municipal establishment applies as a city with a special status (§ 3 (2) and (3)). In doing so, it will also adjust its status. In the same way, the statutory city may be withdrawn from its special status and the city subject to a general municipal establishment.
(2) Government regulations are needed to connect the neighbouring municipality to the statutory city. The same measure is needed if part of it is to be separated from the statutory city and formed from it a separate municipality. Similarly, the general provisions on the territorial changes of municipalities apply to other territorial changes, but with the derogation that it is the capital of Prague, the jurisdiction of the Ministry of Interior shall take place in place of the jurisdiction of the Regional National Committee, which shall also be heard in advance by the Regional National Committee.
(3) Before issuing a government regulation pursuant to paragraph 1 or 2, the participating regional, regional and local national committees (administrations) shall be given the opportunity to comment on the matter.
(4 Similarly, the district national committee (district administrative commission) of the administrative district, the city to which the special statute has been withdrawn, is hereby closed. In both cases, the Ministry of the Interior shall, after hearing the Regional National Committee, take the necessary measures to further manage the administrative district concerned and to rapidly establish proper bodies.
(5) If another municipality has been attached to the Statutory City, its local national committee (Local Administrative Commission) will cease to exist. If a part of it has been separated from the statutory city and formed a separate municipality, its superior district national committee (district administrative commission) shall take measures for the provisional management of the administration in that municipality and for the prompt establishment of proper bodies. In both cases, as well as in the case of other territorial changes, the Regional National Committee shall also take similar measures in the case of the Statutory City if that change can have a significant impact on the composition of its Local National Committee. If the capital of Prague is concerned, this measure will be taken by the Ministry of the Interior after hearing the Regional National Committee.
(6) Where a municipality has been declared a city with a special status, the provisions of § 15, paragraphs 3 to 5 apply mutatis mutandis to its settlement with the District National Committee (District Administrative Commission) of the administrative district of which the city still belonged. In so doing, this statutory city shall be treated as an administrative district. Similarly, these rules shall apply if a special statute has been withdrawn from the statutory city. If another municipality has been attached to a statutory city, or if part of it has been separated from the statutory city and formed from it by a separate municipality, after other territorial changes, the provisions of § 15 (3) to (5) apply mutatis mutandis to its settlement with the district national committee (district administrative commission) of the administrative district concerned. The following derogations shall apply mutatis mutandis to its settlement with the municipalities concerned:
(a) The settlement agreement and the division of staff shall not require approval.
(b) If no agreement is reached, the matter shall be decided by the Regional National Committee, if it is the capital of Prague, the Ministry of the Interior after hearing the Regional National Committee.
(7) In the case of territorial changes to statutory cities, the provisions of Paragraph 15 (6) shall apply mutatis mutandis, with the derogation that the deadline for the collection of the current allowances, levies and charges is extended and the compensation of the internal burden is authorised by the Land National Committee, after the hearing of the Regional National Committee, if it is the capital of Prague.
Territorial changes to the municipalities.
(1) Two or more municipalities may merge into a single community or change their borders by agreeing resolutions of local national committees (local administrative commissions), made in the presence of at least two thirds of all members and at least two thirds of the votes of the members present. The resolution must be declared in the municipalities. Their validity requires the approval granted by the Regional National Committee after the hearing of the District National Committee (Regional Administrative Commission), the Financial Office of the Second stools and the Court of Choirs of the Second stools.
(2) The Ministry of the Interior may, if the public interest so requires, part of the municipalities after hearing the District National Committee (Regional Administrative Commission) and the Regional National Committee. The Regional National Committee may, if the public interest so requires, combine municipalities and change the boundaries of municipalities after hearing the relevant Regional National Committees (Regional Administrative Commission). In all these territorial changes, the Financial Office of the Second Stool and the Court of Choirs of the Second Stool and the participating local national committees (local administrative commissions) should also be heard either to give an opportunity to comment on the matter in advance.
(3) The Regional National Committee (Regional Administrative Commission), after hearing the cadastral metering authority and the Library Court, sets the boundaries of the municipalities, if not designated, and decides on the boundaries of the municipalities in disputes. In the same way, it shall also decide in case of doubt arising from the implementation of Paragraph 12. Where the statutory city is concerned, that competence shall be the responsibility of the Regional National Committee; However, if it comes to the capital of Prague, it is for the Ministry of the Interior to hear the national committee in advance.
(4) The merging and parting of the municipalities referred to in paragraphs 1 and 2 shall be published in the Official Journal of the Republic of Czechoslovakia.
(5) The merger may be effected in the manner referred to in paragraphs 1 and 2 only if all the municipalities concerned belong to the district of the same administrative district; otherwise a government regulation is required for such a measure.
(6) The territorial changes of municipalities shall be carried out in such a way as to ensure that municipalities are able to perform their legal tasks properly.
(7) By merging or saying goodbye to the municipalities, their local national committees (local administrative commissions) shall cease to exist. The Regional National Committee (Regional Administrative Commission) shall take measures to keep the administration in such municipalities on an interim basis and to establish the proper authorities quickly. A similar measure will also be taken by the District National Committee (Regional Administrative Commission) in the event of a change in municipal boundaries, if such change can have a significant impact on the composition of the Local National Committee.
(8) Paragraph 15 (3) to (6) shall apply mutatis mutandis to territorial changes in municipalities with the following derogations:
(a) The settlement agreement and the division of staff shall not require approval.
(b) If no agreement is reached, the operative part shall be included in the operative part of the decision on the substance. Where the rights or obligations which were to be taken into account in the asset settlement and the municipalities concerned do not agree on them, the authority which approved or made the territorial change shall decide on the matter.
(c) The deadline for the collection of the current allowances, levies and charges is extended and the compensation of the internal burden is authorised by the Regional National Committee.
Unification of legislation in municipalities.
(1) In the case of changes to the municipal borders, the legislation still in force in the municipality is extended to that part of the territory of the municipality that is increasing.
(2) In the case of the connection of the neighbouring village to the statutory city, the legislation in force in the statutory city also extends to the territory of the connected municipality.
(3) In the case of the merger of municipalities, the entire territory of the newly created municipality extends the effectiveness of the legislation in force in that of the merged municipalities, which is the most significant according to objective characteristics (population, number of houses, premium base, area of territory and j.). The contested cases shall be decided by the authority which approved or declared the merger of the municipalities.
(4) The provisions of paragraphs 1 to 3 shall also apply mutatis mutandis to territorial changes which take place in the implementation of Paragraph 12. The cases at issue shall be decided by the superior national committee (Administrative Commission).
Changes in local jurisdiction.
(1) When a change in local jurisdiction occurs as a result of a change in the territorial organisation of the administration, carried out by the national committees, the decisions and measures approved by the proposals (which were adopted) before the date of the entry into force of those amendments, but which were received (announced) at a later date, shall be taken into account as if they had been issued before that date.
(2) In the event of a change in local jurisdiction resulting from a change in the territorial organisation of the administration, carried out by the national committees, the national committee (Administrative Commission), the Ministry of the Interior, in the highest seat, may, in agreement with the participating ministries, provide for local jurisdiction by way of derogation in a case-by-case manner, where this requires a transition to new legal regimes.
FINAL PROVISIONS
Derogation provisions and the liquidation of measures from the period of infreedom.
Czechoslovak regulations.
(1) The provisions of the Czechoslovak legal order shall be deleted from those which contradict this decree or modify the same objects. In particular:
Paragraph 2 to 4 of the municipal provisions of the Czech, Moravian and Silesian;
Paragraph 11 of the Act of 16 April 1919, No. 213 Coll., on the merger of neighbouring municipalities with Brno;
Paragraph 11 of the Act of 16 April 1919, No 214 Coll., on the merger of neighbouring municipalities with Olomouc;
Paragraph 16 of the Act of 6 February 1920, No. 114 Coll., which combines neighbouring municipalities and settlements with Prague;
the provisions of Sections 2 and 3, paragraph 2 of the Act of 29 February 1920, No 126 Coll., as amended by the Act of 14 July 1927, No 125 Coll., on the organisation of political administration;
Paragraph 6 of the Decree of 6 March 1936, No. 51 Coll., on the organisation of police administration and services and on certain other measures in the field of internal administration.
(2) Paragraph 1, paragraph 4 of Act No. 125 / 1927 Coll. and Paragraph 18, paragraph 1 of the Law No. 51 / 1936 Coll.
The rules of the occupation power.
(1) In the field of territorial organisation of the administration, now carried out by the national committees, the provisions of the occupying power, which contravene their content to the wording or democratic principles of the Czechoslovak Constitution (Article 2 (1) of the Constitutional Decree of the President of the Republic of 3 August 1944, No 30 of 1945 Coll. on the restoration of legal order), are invalid. In particular, they shall not be valid:
(a) the division of the countries and administrative districts of the occupation line;
(b) the addition of parts of the border territory to the administrative departments of the neighbouring State;
(c) the establishment of new services and political and municipal authorities in the border area;
(d) territorial changes between political services in the border territory;
e) the establishment of German bodies for the tasks of political and municipal administration in the internal area of the Czech and Moravian-Silesian countries.
(2) The provisions of § 12 of the Law on the modification of the territorial districts of municipalities, carried out by occupying powers in the border territory, apply.
Other regulations from the time of infreedom.
(1) The applicability of other provisions in the field of the territorial organisation of the administration, now carried out by the national committees, is hereby abolished and is contrary to this decree. It is in particular the following provisions (subject to the measures taken pursuant to them, which expressly leaves this decree in force):
Government Decree of 22 February 1940, No. 108 Coll., on certain measures to simplify administration in the internal administration, as amended by the Government Decree of 17 November 1941, No. 394 Coll.
Government Decree of 26 September 1940, No. 388 Coll., on certain changes to the districts of the Earth authorities in Prague and Brno;
Government Decree of 26 September 1940, No. 389 Coll., adjusting the districts and offices of certain district offices;
Government Decree of 29 May 1941, No. 245 Coll., adjusting the districts of certain district offices;
Government Decree of 26 June 1941, No. 270 Coll., amending the districts of the district offices in Beroun and Rakovnice;
Ordinance of the Minister for the Interior of 7 September 1941, No 343 Coll., on the abolition of political expositures in Paloc and Očín;
Government Decree of 18 September 1941, No. 371 Coll., adjusting the circuits of certain district offices;
Ordinance of the Minister for the Interior of 26 May 1942, No 185 Coll., on the reorganisation of districts and offices of district offices;
Ordinance of the Minister for the Interior of 14 July 1943, No. 199 Coll., on the transfer of the seat of the District Office in Sedlčany;
Order of the Minister of Interior of 25 November 1942, No 230 Coll. of 1943, on the re-modification of the districts of Benesov and Praha- rural-south district authorities;
Order of the Minister of Interior of 30 December 1943, No. 9 Coll. of 1944, on the remodification of the districts of the district offices in Brandýs nad Labem and Mělnik.
(2) In the version resulting from this Decree, the following provisions shall apply, except for the following provisions:
Government Decree of 29 May 1941, No. 236 Coll., declaring Moravia Ostrava a city with special status;
Government Decree No. 265 / 1941 Coll.,
Government Decree of 30 March 1942, No. 142 Coll., declaring Pilsen a city with special status.
Disposal.
(1) The services and authorities referred to in Paragraph 22 (1) will be disposed of as follows:
1. The destruction of services and bodies whose jurisdiction was in excess of one country, in the border area of the government president's office, shall be carried out by the Ministry of Interior in agreement with the relevant ministries; it may, however, delegate its implementation to the Regional National Committees.
(2) The destruction of departments and bodies having jurisdiction over the administrative district shall be carried out in the border territory of the rural or urban district by the competent national committee; However, it may be entrusted by the Regional National Committees (Regional Administrative Commission).
3. The destruction of the departments and bodies of the others shall be carried out by the competent district national committee (district administrative commission).
(2) In agreement with the participating ministries, the Ministry of the Interior may issue more detailed provisions on the implementation of such liquidation.
Transitional and implementing provisions.
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Regulation Information
| Citation | Decree No. 121 / 1945 Coll., on Territorial Organisation of Administration, by National Committees |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.11.1945 |
|---|---|
| Effective from | 27.11.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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