Act No. 129 / 2000 Coll.

Regional Act (Regional Act)

Valid Law Effective from 12.11.2000
129
THE LAW
of 12 April 2000
on regions (regional establishment)
Parliament has decided on this law of the Czech Republic:

HLAVA I

GENERAL PROVISIONS

Díl 1

Status of regions and their organs
§ 1
(1) The Region is a territorial community of citizens who have the right to self-government.
(2) The Region is a public-law corporation which has its own assets and own income defined by law and manages under the conditions laid down by law under its own budget. The Region shall act on its behalf in legal relations and shall be responsible for those relations.
(3) The Region is independently managed by the Regional Council (hereinafter referred to as the "Council"); the other regional authorities are the Regional Council ("the Council '), the Regional Chief (" the Government') and the Regional Office. The regional body shall also be the special authority of the region (hereinafter referred to as the "special authority ') established under the law.
(4) The Region ensures the universal development of its territory and the needs of its citizens.
§ 2
(1) The Region manages its affairs separately (hereinafter referred to as "separate competence"). State authorities may intervene in their own competence only if the protection of the law so requires and only in the manner provided for by the law. The scope of the separate scope may also be limited by law.
(2) The State administration, the exercise of which by law has been entrusted to the authorities of the Region, exercises its powers as delegated bodies (Sections 29 and 30). The county is the administrative district in the state administration. The Region is obliged to ensure the performance of the delegation.
(3) The Region protects the public interest in the exercise of its separate competence and delegation.
(4) The Region ensures that financial control is carried out in accordance with the budgetary rules of the territorial budgets and the specific legislation.1)
§ 4
Where a specific law regulates the scope of the regions and does not provide that they are delegated, they are always activities falling within the separate competence of the regions.
§ 5
(1) The border may have a character and a flag.
(2) The President of the Chamber of Deputies may, on his proposal, grant a sign or flag to a country which does not have a sign or flag.
(3) The President of the Chamber of Deputies may, at the request of the Region, change the emblem or flag of the Region.
(4) Counties and bodies established or established by them and legal persons may use the emblem and flag of the county. Other entities can only use the regional character with its consent. There is no need for his consent to use the flag of the county.

Díl 2

General binding county regulations and county regulations
§ 6
A generally binding decree of the county, issued by the council, may be imposed on natural and legal persons within the limits of its own competence only if the law so provides.
§ 7
On the basis and within the limits of the law, the Council shall issue delegated legislation where the region is legally empowered to do so; This legislation is called the county regulation.
§ 8
(1) The generally binding county regulations must comply with the laws and regulations of the county must comply with the laws and regulations issued by the government and the central administration.
(2) The procedure for the publication of general binding decrees and regulations of the county (hereinafter referred to as the "county law") and the conditions for the entry into force and effectiveness of the county law are laid down in the Law on the Collection of Legislation of Territorial Authorities and Certain Administrative Offices (37).

Díl 4

Citizens of the Region
§ 12
(1) The citizen of the region is a natural person who is a national citizen of the Czech Republic and is registered for a permanent stay (5) in a municipality or in the territory of a military retreat in the district.
(2) A citizen of the county who has reached the age of 18 has the right to:
a) vote and be elected to the council under the conditions laid down by the law, 6)
(b) express its views on the matters at the meeting of the Council in accordance with the Rules of Procedure;
(c) consult the county budget and the final account of the county, the report on the outcome of the examination of the country's management for the previous calendar year, the resolutions and minutes of the council's deliberations, the resolutions of the Council, the committees of the council (hereinafter referred to as "the committees") and the board committee (hereinafter referred to as "the commission") and make extracts thereof, unless other laws prevent this;
(d) require a matter to be discussed in the field of separate competence by the Council or the representative; If the request is signed by at least 1 000 citizens of the region, it must be discussed at their meeting no later than 60 days, if the responsibilities of the representative are not more than 90 days,
(e) submit proposals, comments and initiatives to the authorities of the region; the authorities of the county shall deal with them without delay, but not more than 60 days, if the responsibilities of the council are limited to a maximum of 90 days,
(f) to comment on the draft county budget and the final account of the county for the previous calendar year, either in writing, within the time limit laid down in the Rules of Procedure or orally at the meeting of the representative,
(g) vote in the regional referendum under the conditions laid down by the special law.
(3) The authorisations referred to in points (b) to (f) of paragraph 2 are also granted to a natural person who has reached the age of 18 and owns a real estate in the territory of the county.
§ 13
The authorisation referred to in Article 12 (2) shall also be granted to a natural person who has reached the age of 18 who is a foreign national and who is registered for permanent residence in a municipality or a military retreat in the territorial district of the region, provided that the international treaty, which the Czech Republic is bound by, is so established.
§ 13a
The region can appreciate the important life events of its citizens.

HLAVA III

SCOPE

Díl 1

Separate scope of the region
§ 14
(1) The separate competence of the region shall include matters which are in the interest of the region and of the citizens of the region, as far as they are not delegated.
(2) In particular, matters referred to in Sections 11, 35, 36 and 59, with the exception of the issuing of county regulations, are covered by the separate competence of the Region, as well as matters entrust by law to it.
(3) The Region may set up and establish legal persons and organisational elements of the Region for the exercise of its separate competence, unless otherwise provided by the Law.
(4) In exercising its separate competence, the region shall cooperate with municipalities; they must not interfere with their separate competences. The municipality may bring an action under a special law against such intervention.
(5) The counties are obliged, where possible, to discuss in advance with the municipalities measures affecting their competence.
§ 15
(1) The Region is entitled to comment on the proposals of the State authorities concerning the competence of the Region. The State authorities are obliged, where possible, to discuss in advance with the region measures affecting the region's competence.
(2) The national authorities and the authorities of the municipalities provide the authorities of the county, on request, with free data and information for the exercise of their powers. The county also has this obligation with regard to the state and municipal authorities. The protection of data and classified information under special legislation7) remains unaffected.
(3) In the exercise of their powers, the counties are entitled to use the cadastral data free of charge.
§ 15a
(1) The Region is required to issue certificates and to draw up reports for the purposes of legal and natural persons, where specific legislation so provides.
(2) The Region issues the certificates required for the exercise of the right abroad even if the legislation does not impose such an obligation but the required data are known to it.
§ 16
In the exercise of its separate competence, the region shall:
(a) when issuing generally binding decrees by law;
(b) on other matters, also other legislation adopted by law.
Regional management
§ 17
(1) The property of the region must be used efficiently and economically in accordance with its interests and tasks arising from the legal scope. The Region is obliged to take care of the preservation and development of its property. The infringement of the obligations laid down in the first and second sentences shall not constitute such treatment of the property of the region, which follows the other important interest of the region, which is duly justified. The Region keeps accounts according to the Accounting Act.
(2) Property must be protected against destruction, damage, theft or abuse. The country shall dispose of the unused property in the manner and under the conditions laid down in the specific provisions, 9) unless otherwise provided for in this law.
(3) The Region must not be liable for the debts of persons except:
(a) debts arising from a credit agreement where the funds are intended for an investment carried out with financial support from the State budget, the State funds or the national fund;
(b) debts arising from a credit agreement where the funds are intended for investment in a region or municipality owned by immovable property;
(c) the liability arising from the cooperation agreement under the Housing Promotion Act, provided that this debt does not exceed four times the maximum permissible rent for the grant of the subsidy under the Housing Promotion Act on the date of conclusion of the Cooperation Agreement;
(d) those whose establishment is the county, state or municipality;
(e) those in which the participation rate of the county or, together with other county (s), municipality (s) or State exceeds 50%.
(4) Legal acts made contrary to the provisions of paragraph 3 shall be void.
(5) The State is not liable for the economy and the debts of the county if the State does not take over these debts contractually.
(6) The Region is obliged to protect its property from unauthorised interference and to exercise in due time the right to compensation and the right to issue unjustified enrichment.
(7) The Region is required to monitor on a permanent basis whether the debtors fulfil their obligations in a timely and proper manner and to ensure that there is no limitation or termination of the rights arising from those obligations.
§ 18
(1) The intention of the county to sell, exchange, donate, rent, smuggle or borrow a tangible real estate or the right of construction, or to leave it as a quilt and the intention of the county to contractually establish the right of construction to land owned by the region shall be published by the Region for at least 30 days before the decision in the competent authority of the county by hanging on the official desc2) of the Regional Office (hereinafter referred to as the "official record") in order that interested parties may submit their tenders. The real matter shall be identified in the project by the particulars in accordance with the Special Law 9a) in force on the date of publication of the project. If the region does not publish the project during that period, the legal proceedings shall be void.
(2) In the event of a transfer of assets, the price shall, as a general rule, be agreed at an amount which is customary at the place and time, if not a price regulated by the State. The difference from the normal price must be justified if it is lower than the normal price. If the derogation from the price is not normally justified, the legal action shall be void.
(3) The provisions of paragraph 1 shall not apply where the lease of apartments is concerned, whether it is a lease, a lease or a lease of land for a period of less than 90 days, or if it is a lease, pacht, credit or loan to a legal person whose founder or founder is a region or which is controlled by the county (30), or if it is a lease of road or road auxiliary land in connection with the special use of roads under the special legislation9b).
(4) The provisions of paragraphs 1 and 2 shall not apply to the borrowing, drawing-out, payment or leasing of assets entrusted to contributory organisations established by the Region, unless the special rule or representative of the establishment list provides otherwise.
(5) Paragraphs 1 and 2 shall not apply in the case of the procedure provided for in Sections 18a to 18c and in the case of the retransfer of assets of the State pursuant to Section 21b (3) (e) of the Act on Assets of the Czech Republic and its presentation in legal relations.
§ 18a
Transfers of ownership to State
(1) The Region shall inform the organizational bodies of the State, the State Organisation to which the Law on the Property of the Czech Republic and its Act on Legal Relations (hereinafter referred to as the "State Organisation") applies, and the Road and Motorway Directorate (hereinafter referred to as the "Road and Motorway Directorate") (hereinafter referred to as the "Road and Motorway Directorate (hereinafter referred to as the" Road and Motorway Directorate ") (hereinafter referred to as the" Road and Motorway Directorate) (hereinafter referred to as "), via the website of the Office for the Representation of the State on Property of the intention to dispose of a tangible property referred to in Article 18b (1) or Article 18c (1). This shall not apply if it is a tangible immovable item intended for exchange.
(2) The transfer of a tangible immovable property referred to in Article 18b (1) or Article 18c (1) to another person may be carried over only after the legitimate organisational body of the State, State organisation or Road and Motorway Directorate (s) has informed the State or the State or the State or the Road and Motorways Directorate (s) concerned that it is interested in the transfer within 2 months of the publication of the information referred to in paragraph 1. The restriction shall not apply if the authorised organisational body of the State, State Organisation or Road and Motorway Directorate (s) (s) (s) (s) (s) (s) of the county (s) has indicated that it is not interested in the transfer.
(3) The communication referred to in paragraph 2 shall be made via the website of the State Representation Office in property matters.
(4) If they express an interest in the transfer of more than one authorised organisational body of a State or of a State organisation pursuant to Article 18b (1) or Article 18c (1) and do not notify within 1 month of the expiry of the transfer period of the transfer interest period that they have agreed to agree who will negotiate with the region, the region shall negotiate with that organisational body of the State or state organisation which has expressed an interest in the transfer first. This shall not apply in the case of the procedure under Paragraph 18c (1) (e).
(5) The Region shall make a proposal for the conclusion of a contract against the legitimate organisational component of the State, State organisation or Road and Motorway Directorate (s), which have shown an interest in the transfer. The application for conclusion of the contract may be withdrawn.
(6) If the organisation of a State or a State organisation or the Road and Motorway Directorate (s) does not disclose an interest in the transfer referred to in paragraph 2 in the cases referred to in Article 18b (1) or Article 18c (1) within the prescribed time limit or within the same time limit, it shall state that it is not interested in the transfer, or if we do not accept an application for the conclusion of a contract within 4 months of the date on which it has reached it, the right to transfer ownership pursuant to Article 18b or 18c shall cease and the county shall dispose of the material property under this law.
§ 18b
Free transfers to the State
(1) Where the authorised organisational body of a State or a State organisation referred to in points (d) to (g) or the Road and Motorway Directorate (s) (a) to (c) shows an interest in the transfer pursuant to Paragraph 18a (2) and provided that this does not preclude the rights of third parties, the Region will send them a proposal for a free transfer agreement
(a) the road plot on which the first-class motorway or road is situated, to the ownership of the State and the right to manage the Road and Motorway Directorate (s),
(b) a built-up building land39), on which a public utility building owned by the State was implemented, the State owned and the right to manage the Road and Motorway Directorate (s), which has the right to manage the public utility construction,
(c) land designated by the land planning documentation for the implementation of the public utility building into the ownership of the State and the right to manage the Road and Motorway Directorate, which is the builder of the public utility building,
(d) a built-up building land39), on which a public utility building owned by the State was implemented, the State owned and the jurisdiction to manage that organisational body of the State or the state organisation responsible for the public utility building to manage;
(e) the land designated by the land planning documentation for the implementation of the public utility building into the ownership of the State and the jurisdiction to manage the organisation of the State or the state organisation which is the builder of the public utility building;
(f) land designated by the land planning documents for the implementation of public utility measures or already used for that purpose in the ownership of the State and the jurisdiction to manage that State or State organisation which has an interest in the transfer;
(g) civil protection structures, structures affected by the requirements of civil protection, State security buildings or land to which those structures are part, or tangible real estate items designated by the planning documentation or public contract to carry out or prepare for the tasks of the Security Corps, and to manage the Ministry of Interior (hereinafter referred to as "the Ministry") or the organisational elements of the State which is the Security Board or its parts, provided that, in the case of a public contract, the Ministry has previously communicated to the county that the material property is intended to perform or prepare for the tasks of the Security Corps; This does not apply if the region is a party to a public contract.
(2) In the event that a part of the land registered in the land register is built on the infrastructure, only that part determined by the geometrical plan shall be transferred and the costs of drawing up the geometrical plan for the distribution of the land shall be borne by the Road and Motorways Directorate, p.
(3) The contract for the free transfer of land to the State referred to in paragraph 1 (b) to (g) must contain the following arrangements in relation to the grant of public aid:
(a) a prohibition on disposal established for the benefit of the county as a right in rem;
(b) a prohibition on the burden imposed for the benefit of the county as a substantive right, except where the service of the civil engineering network, the service of the route or the service of the journey is to be contracted to the extent necessary to ensure the necessary access of a third party to the tangible immovable property held by it; and
(c) restrictions on the use of the land transferred in such a way as not to infringe public aid legislation.
(4) The restrictions referred to in paragraph 3 shall be agreed for a period of 10 years from the date of the transfer of ownership of the land concerned to the property register for the benefit of the State.
(5) Paragraph 12 (2) of the Act on the assets of the Czech Republic and its presentation in legal relations does not apply to transfers under paragraph 1.
§ 18c
Reimbursement of transfers to the State
(1) Where the authorised organisational body of a State or a State organisation referred to in points (a) to (f) shows an interest in the transfer referred to in Article 18a (2) and provided that third parties' rights are not prevented from doing so, the Region shall send it a draft transfer contract
(a) the land on which the building is registered in the real estate register and which is the tangible property of the State, the ownership of the State and the jurisdiction of the State to manage the organisational body of the State or State organisation responsible for the construction,
(b) the buildings which are registered in the property register and which have been carried out on the property owned by the State, the ownership of the State and the jurisdiction of the management of that branch of the State or the State organisation responsible for the land,
(c) land which is determined by a final decision authorising the project to be carried out by the State or by a state organisation, to be owned by the State and the jurisdiction of the State or the state organisation which is the builder,
(d) land which constitutes the sole access to a tangible real estate property owned by the State, to the ownership of the State and to the jurisdiction of the management of that branch of the State or of a State organisation responsible for the management of the tangible real estate;
(e) a joint ownership interest in a tangible real estate case in which the State is a co-owner, the ownership of the State and the jurisdiction to manage that branch of the State or the State organisation responsible for managing the joint ownership of that real estate;
(f) an object of importance for the defence of the State designated by the Government under the Defence Security Act, which is included in the register of objects of importance for the State's defence, to the property of the State and to the jurisdiction to manage the Ministry of Defence, provided that the Ministry of Defence has previously informed the Region that such an object is kept in the register of objects of importance for the State's defence.
(2) The Region shall determine the purchase price for the transfers referred to in paragraph 1 on the basis of an expert opinion. The purchase price shall be determined at the level of the price usual under the law governing the valuation of assets. If the normal price cannot be determined, the purchase price shall be determined in accordance with the law governing the valuation of assets. The purchase price shall be added to the cost of drawing up the expert opinion, the geometrical plan and the energy performance certificate.
(3) Paragraph 12 (4) and (5) of the Act on the assets of the Czech Republic and its representation in legal relations do not apply to transfers under paragraph 1.
§ 19
Information concerning the acquisition of a land by auction, in a tender for the most appropriate tender or for the acquisition thereof by other similar means, and information relating to the creation of a land use or other right of the region in a tender for the most appropriate bid or other similar manner, shall not be made available under this law or provided that the county could be at a disadvantage against other bidders when it is acquired or when it is acquired.
§ 20
(1) The Ministry of Finance will review the management of the region over the previous calendar year. The Ministry of Finance may entrust the General Financial Directorate or the Financial Office to examine the management of the region.
(2) The final account, together with a report on the results of the regional management review for the previous calendar year, shall be discussed by the representative by 30 June of the following year and shall take measures to correct the deficiencies.
(3) The examination of the economy is governed by specific legislation. (c)
§ 21
The management of the county with subsidies from the state budget of the Republic and from the state funds of the Republic shall be controlled by the Ministry of Finance or by the tax office entrusted to it during the financial year. In the event that the law has been infringed, the Ministry of Finance shall impose measures to address the deficiencies identified.
§ 22
The establishment of the budget and the final account of the county and the management of the funds of the budget shall be governed by a special law.
§ 23
(1) If that law makes the legal action of the county subject to prior publication, approval or approval, the instrument of that legal action shall be accompanied by a clause confirming that these conditions are met. Where the instrument is provided with this clause, it shall be considered that the obligation of prior publication, approval or consent has been fulfilled.
(2) Legal acts which require the approval of the council or council may be made only after their prior approval, otherwise these legal acts shall be void.
(3) The annulment of the legal proceedings for the reasons set out in paragraphs 2, 17 (4) and 18 (1) and (2) shall be taken into account by the court of its own motion.
Regional cooperation
§ 24
(1) The counties may cooperate with other counties and municipalities.
(2) The provisions of the Civil Code on Association11 and the Company Agreement 29 cannot be applied to the cooperation of regions with other countriesand municipalities.
§ 26
The region cannot be a member of a union of municipalities. 12)
Cooperation with other bodies
§ 27
Cooperation between the county and legal and natural persons in civil relations may be governed by the Civil Code on Association11) and the Company Treaty 29).
§ 28
Cooperation with territorial authorities of other States
The Region may cooperate with the territorial authorities of other States and be a member of their international associations.

Díl 2

Transferred scope
§ 29
(1) The authorities of the region shall exercise in their territory a delegated competence in matters governed by law.
(2) The Region will receive a contribution from the State budget to the implementation of the delegation. The amount of the contribution shall be determined by the Ministry of Finance after consulting the Ministry.
§ 30
In exercising the delegation, the authorities of the county shall:
(a) when issuing regional regulations, laws and other legislation;
(b) in other cases,
1. Resolutions of the Government and directives of the central administrative authorities; the resolutions of the Government and the guidelines of the central administrative authorities cannot impose obligations on the authorities of the region unless they are provided for by law; the validity of the guidelines of central administrative offices is subject to publication in the Government Bulletin for regional and municipal authorities;
2. Measures taken by the competent public authorities to check the exercise of delegated powers under this Act.

HLAVA IV

ORDERS OF THE LEVEL

Díl 1

Department
§ 31
(1) The representative shall be composed of members of the council. The number of members of the council is in the county with population
a)do 600 000 obyvatel45 členů,
b)nad 600 000 do 900 000 obyvatel55 členů,
c)nad 900 000 obyvatel65 členů.
(2) The population of the county on 1 January of the year in which elections are held is crucial for determining the number of members of the council.
(3) The number of members of the council to be elected will be published by the Regional Authority no later than 2 days after its establishment at the official desc2) and in the Collection of Legislation of Local Authorities and certain administrative offices.
§ 32
(1) The function of a member of the council is a public function. 13) A member of the council may not be reduced to rights arising from his employment or any other similar legal relationship for the performance of his duties.
(2) The conditions for the creation and termination of the mandate of a member of the council are governed by a separate legislature.6)
§ 33
(1) The mandate of a member of the regional council shall be subject to election; the election shall be closed.
(2) A member of the council shall, at the beginning of the first meeting of the council to which he shall attend, make a promise to the following text: "I pledge allegiance to the Czech Republic. I promise in my honour and conscience that I will perform my duties conscientiously, in the interests of the region and its citizens and follow the Constitution and the laws of the Czech Republic."
(3) A member of the council takes a vow before the council by saying "I promise." The composition of the pledge shall be confirmed by the member of the council by his signature.
§ 34
(1) A member of the council shall have the right to:
(a) submit proposals for discussion to the Council and Council, as well as to committees and commissions;
(b) to raise questions, comments and suggestions to the Board and its individual members, to the chairpersons of the committees, to the statutory bodies of the legal entities of which the region is the founder and to the heads of the contribution organisations and organisational bodies established or established by the Region; the written reply must reach within 30 days,
(c) to request information from regional staff, as well as from employees of legal persons established by the county, on matters relating to the performance of their duties; the information must be provided within 30 days.
(2) A member of the council is obliged to attend meetings of the council or, where appropriate, meetings of other regional bodies, if their member is a member, to perform the tasks assigned to him by those authorities, to defend the interests of the citizens of the region and to act and act in such a way as not to jeopardise the seriousness of his duties.
(3) A member of the council, who has facts suggesting that his or her share in the deliberations and decisions of a particular matter in the authorities of the region could confer an advantage or harm on him or a person close to him, a natural or legal person to whom he or she represents under the law or the power of attorney (conflict of interest), is obliged to disclose that fact before the commission of the regional authority to discuss the matter.
Jurisdiction of the council
§ 35
(1) The Plenipotentiaries shall decide on matters falling within their competence. In matters of delegation, the Council shall decide only if the law so provides.
(2) The representative is reserved
(a) submit draft laws to the Chamber of Deputies,
(b) submit proposals to the Constitutional Court for annulment, 15) if they consider that they are in breach of the law;
(c) issue generally binding county regulations;
(d) coordinate the development of the territorial district, approve the regional territorial district development strategies under specific laws, ensure their implementation and control their implementation;

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Regulation Information

CitationAct No. 129 / 2000 Coll., on Counties (Regional Establishment)
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation15.05.2000
Effective from12.11.2000
Effective until-
Status Valid
The regulation text is for informational purposes only.
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