Act No. 139 / 1970 Coll.
Law amending and supplementing certain provisions of the Economic Arbitration Act
Valid
Effective from 01.01.1971
139
THE LAW
of 21 December 1970
amending and supplementing certain provisions of the Economic Arbitration Act
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 121 / 1962 Coll., on Economic Arbitration, as amended, is amended as follows:
1.
The authorities of economic arbitrage form a unified system managed within the scope of this law by the main arbitrator of the Czechoslovak Socialist Republic. "
2.
(1) The economic arbitrage authorities are:
a) State Arbitration of the Czechoslovak Socialist Republic in Prague; the military component is part of it,
b) State Arbitration of the Czech Socialist Republic in Prague and State Arbitration of the Slovak Socialist Republic in Bratislava,
(c) regional State arbitration.
(2) The Government of the Czech Socialist Republic and the Government of the Slovak Socialist Republic establish and abolish regional state arbitration, determine their respective areas of competence and determine their locations.
(3) The Government of the Czechoslovak Socialist Republic may establish special economic arbitrage and determine their status and scope for the duration of the need. "
Section 6 is deleted.
3. Article 7 (1) reads as follows:
"(1) The main arbitration of the Czechoslovak Socialist Republic is the Czechoslovak Socialist Republic. The head of the State Arbitration of the Czech Socialist Republic is the main arbiter of the Czech Socialist Republic and the head of the State Arbitration of the Slovak Socialist Republic is the main arbiter of the Slovak Socialist Republic. The head of regional state arbitration is its leader."
4. Paragraph 7 (2) shall be deleted. Paragraph 7 (3) becomes paragraph 2.
5.
(1) The State Arbitration of the Czechoslovak Socialist Republic has the status of the Central Authority of the Czechoslovak Socialist Republic. State Arbitration of the Czechoslovak Socialist Republic
(a) monitor the decisions of the State Arbitration of the Republics and supervise the legality of the decisions of all Arbitration Authorities;
b) prepare and submit in cooperation with the State Arbitration of the Czech Socialist Republic, the State Arbitration of the Slovak Socialist Republic and other participating central bodies to the Government of the Czechoslovak Socialist Republic analyses and proposals for measures;
(c) carry out a survey of how the legal order operates in the field of economic relations of socialist organisations, prepares draft legislation or cooperates in their preparation;
d) Observes, as a rule through the State Arbitration of the Czech Socialist Republic and the State Arbitration of the Slovak Socialist Republic, to ensure proper and timely contractual provision of the particularly important tasks provided for by the Government of the Czechoslovak Socialist Republic, namely central and other bodies, and to assist its synergies in ensuring their fulfilment;
(e) issue, where it is empowered by law, generally binding legislation within its limits;
(f) in order to ensure a consistent interpretation of legislation in the field of economic relations of socialist organisations and decision-making uniformity, it adopts opinions on serious legal issues and, to this end, also calls regular meetings of the arbitration authorities, issues guidelines and guidelines for the activities of all economic arbitrage bodies and carries out a survey of their work;
(g) develop international cooperation within its competence.
(2) The State Arbitration of the Czechoslovak Socialist Republic cooperates with the ministries and other federal authorities in the performance of its tasks and makes use of the practical experience and knowledge acquired by those authorities in managing the entrusted sections of the national economy. "
6. the following paragraph is inserted after Section 8:
The State Arbitration of the Czech Socialist Republic and the State Arbitration of the Slovak Socialist Republic have the status of a central body of the state administration of the respective Republic. These arbitrages
(a) maintain regional state arbitrage and oversee the legality of decisions and their other activities;
(b) prepare and submit analyses and proposals for action to the governments of the Republic;
(c) ensure proper and timely contractual provision of the particularly important tasks set out by the Government of the Czechoslovak Socialist Republic, as well as of the tasks set out by the Governments of the Republics, namely the central and other bodies of these Republics and the national committees, and assist in their activities to ensure their fulfilment;
(d) after discussion, the State Arbitration of the Czechoslovak Socialist Republic shall issue instructions for the operation of the State Arbitration and shall convene regular meetings of the Arbitration Authorities and the assets of economic lawyers;
(e) cooperate in the performance of their tasks with the ministries and other central authorities and national committees of the relevant Republics and make use of the experience and knowledge acquired by those authorities in the management of the entrusted sections of the national economy. ';
7.
(1) The Chief Arbiter of the Czechoslovak Socialist Republic and his first deputy is appointed and recalled by the Government of the Czechoslovak Socialist Republic. If the main arbitrator of the Czechoslovak Socialist Republic is a citizen of the Czech Socialist Republic, his first deputy is a citizen of the Slovak Socialist Republic or vice versa. The main arbitrator of the Czechoslovak Socialist Republic is responsible to the Government of the Czechoslovak Socialist Republic for the proper operation of the economic arbitrage authorities. Appoints and removes the State Arbitration Arbitration of the Czechoslovak Socialist Republic appropriately from the citizens of both Republics; If it is the personnel of the military component of the Czechoslovak Socialist Republic's State Arbitration, it does so in agreement with the Minister of National Defence. Chief of the Military Service is Deputy Chief Arbiter of the Czechoslovak Socialist Republic; represent him in matters relating to the protection and security of the State.
(2) The main arbiter of the Czech Socialist Republic and the main arbiter of the Slovak Socialist Republic is appointed and recalled by the government of the relevant Republic on the proposal of the main arbiter of the Czechoslovak Socialist Republic. The main arbiter of the Czech Socialist Republic and the main arbiter of the Slovak Socialist Republic are responsible for the proper operation of the State Arbitration of the Czech Socialist Republic and the State Arbitration of the Slovak Socialist Republic and the regional State Arbitration of the Government of the relevant Republic and the main Arbiter of the Czechoslovak Socialist Republic. The main arbiters of the Czech Socialist Republic and the Slovak Socialist Republic name the State Arbiters of the Czech Socialist Republic and the State Arbitration of the Slovak Socialist Republic.
(3) The Head of the Regional State Arbitration and State Arbiters of these Arbitrations is appointed and recalled by the Central Arbiter of the Czech Socialist Republic in the territory of the Czech Socialist Republic and the Slovak Socialist Republic in the territory of the Slovak Socialist Republic. The Head of the Regional State Arbitration directs the work of these Arbitration Arbitration and is responsible for the main Arbiter of the Czech Socialist Republic or the Slovak Socialist Republic for their activities.
8.
(1) Members of the Presidium of the State Arbitration of the Czechoslovak Socialist Republic are the main arbiter of the Czechoslovak Socialist Republic, the first deputy chief arbiter of the Czechoslovak Socialist Republic, the main arbiter of the Czech Socialist Republic and the main arbiter of the Slovak Socialist Republic. When matters relating to the protection and security of the State are under discussion, the Presidium chief of the military component shall also be involved.
(2) Presidium of the State Arbitration of the Czechoslovak Socialist Republic in particular
(a) decide on the annulment of the decision of the economic arbitrage authority and on the order for the dispute to be renegotiated in the cases referred to in Paragraph 42. The presidium may be valid for a resolution in the presence of a majority of its members. In the event of a tie, the proposal shall not be adopted,
(b) discuss draft legislation on economic relations of socialist organisations prepared by the State Arbitration of the Czechoslovak Socialist Republic;
(c) discuss analyses and proposals for measures submitted to the Government of the Czechoslovak Socialist Republic or the Government of one of the two Republics;
(d) discuss the most serious opinions of the State Arbitration of the Czechoslovak Socialist Republic to ensure a uniform interpretation of the legislation on the economic sector.
(3) The Presidium approves the Rules of Procedure of the State Arbitration of the Czechoslovak Socialist Republic. '
9. Sections 11 and 12 shall be deleted.
10.
State Arbitration of the Czechoslovak Socialist Republic
The state arbitration of the Czechoslovak Socialist Republic is discussing and deciding
(a) pre-contractual and property disputes in which at least one of the parties is the Federal Ministry of Defence or another Federal Central Authority or in which at least one of the parties is subordinate to the Federal Ministry of Defence;
(b) pre-contractual and property disputes concerning supplies and subcontracting necessary to ensure the defence and security of the State or supplies in the field of material State reserves;
(c) disputes over the basic conditions of supply;
(d) disputes referred to in Article 2a between authorities and organisations managed by the Federal Ministry (Central Authority). "
11. The following paragraph shall be inserted after Paragraph 13, including the title:
State Arbitration of the Czech Socialist Republic and State Arbitration of the Slovak Socialist Republic
(1) The State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic, unless the State Arbitration of the Czechoslovak Socialist Republic is competent, is discussed and decided
(a) pre-contractual and property disputes in which at least one of the parties is the Ministry or other central body of the Czech Socialist Republic or Slovak Socialist Republic;
(b) the disputes referred to in Article 2a.
(2) The local jurisdiction of the State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic shall be governed by the seat of the institution (organisation) against which the arbitration application is directed or against which an own-initiative procedure is initiated and, if there is more than one, the seat of any of them. '
12. Paragraph 14, including the title, reads:
Regional State Arbitration
(1) Regional State arbitration is discussing and deciding economic disputes for which there is no other competent economic arbitrage authority.
(2) The local jurisdiction of the regional State arbitrage shall be governed by the headquarters of the organisation against which the arbitration application is directed or against which an own-initiative procedure is initiated and, if more than one, the seat of any of them.
(3) In the case of investment construction imposed by the Government, local jurisdiction in disputes between the supplier and the investor shall be governed by the place where the investment is carried out. In order to discuss and settle disputes concerning supplies for export or import or supply of export investment units, if at least one of the parties is an organisation in charge of foreign trade, the relevant State arbitration exercising the jurisdiction of the regional State Arbitration for the territory of the capital of Prague or for the territory of the capital of the Slovak Socialist Republic of Bratislava shall be the relevant; local jurisdiction shall be governed by the headquarters of the organisation in charge of foreign trade and, where disputes between such organisations are concerned, by the provisions of paragraph 2. ';
13. Paragraphs 15 and 16 and 17 (2) shall be deleted.
14.
(1) The main arbiter of the Czech Socialist Republic or the main arbiter of the Slovak Socialist Republic determines which economic arbitrage body will discuss and decide the economic dispute if doubts arise as to the jurisdiction between regional state arbitrage in the same Republic or between the State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic and the regional State Arbitration conducted by it; in other cases the jurisdiction of the main arbitration of the Czechoslovak Socialist Republic is determined.
(2) The main arbitration of the Czechoslovak Socialist Republic may determine jurisdiction for certain types of disputes or disputes of certain socialist organisations or for individual disputes other than those provided for in Sections 13, 13a and 14. '
15. the following paragraph shall be added to Paragraph 29:
"(3) The fines referred to in paragraphs 1 and 2 may be reimposed. ';
16.
(1) The economic disputes referred to in Section 2a of the State Arbitration of the Czechoslovak Socialist Republic, or the State Arbitration of the Czech Socialist Republic, or the State Arbitration of the Slovak Socialist Republic, are discussed and decided by the Arbitration Commission of the State Arbitrator of the relevant economic arbitrage and the managers of the relevant central government bodies. These members shall be appointed by the relevant principal arbitrator in agreement with the head of the relevant central authority.
(2) If the main arbiter of the Czech Socialist Republic or the main arbiter of the Slovak Socialist Republic is responsible for deciding the dispute between the national committee and its managed organisation, he shall appoint in a similar manner the members of the committee to discuss and decide the dispute. "
17. Paragraph 40 (2) reads as follows:
"(2) The decision imposing a non-cash performance on the organisation may impose an economic arbitrage fine of up to 100 000 CZK. This fine may be reimposed. '
18.
(1) If, by decision of the Regional State Arbitration, the laws or principles of economic policy of the Czechoslovak Socialist Republic have been infringed, the State Arbitration of the Czech Socialist Republic, or the State Arbitration of the Slovak Socialist Republic, on a proposal or on its own initiative, may, within two months of the legal authority of the decision to amend or revoke the decision and order the dispute to be renegotiated or may take other measures. If there are particularly urgent reasons, it may exceptionally do so after that period.
(2) Under the same conditions, the State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic can take the same action in disputes discussed and determined.
(3) An application for review pursuant to paragraph 1 or paragraph 2 may be made by the organisation or body which is a party to the dispute within 15 days of receipt of the decision. It's served by the economic arbitrage that's decided. The proposal shall be signed by the statutory body of the organisation and a copy thereof shall be sent simultaneously to the other organisation. The application for review shall be accompanied by the necessary documents and proof of payment of the arbitration fee for the review of the decision.
(4) In cases where the relevant main arbiter so provides, the decision shall be reviewed by three arbiters, of which the arbiter designated by the main arbiter shall be chaired; If the nature of the present case so requires, this shall be a review with the participation of organisations. Otherwise, the provisions of Part Three shall apply mutatis mutandis to review negotiations. ';
19.
(1) The Presidium of the State Arbitration of the Czechoslovak Socialist Republic may, for the reasons set out in Paragraph 41 (1), cancel and order the decision of the economic arbitrage body to be renegotiated. If the decision of the Regional State Arbitration or the State Arbitration of the Czech Socialist Republic or the State Arbitration of the Slovak Socialist Republic is taken, the proposal for such a measure may be made only if the decision has been reviewed in accordance with § 41 (1) or § 41 (2).
(2) The proposal for a measure referred to in paragraph 1 shall be submitted to the Presidium of the State Arbitration of the Czechoslovak Socialist Republic by the competent Minister (Head of the Central Authority) or, where appropriate, by the relevant Council of the Regional National Committee or by one of the members of the Presidium. Where the dispute referred to in Paragraph 13 is concerned, the body or body which is a party to the dispute may also submit the proposal; Paragraph 41 (3) shall apply mutatis mutandis. ';
20. Paragraph 43 reads:
In renegotiation of the dispute, the economic arbitrage authority shall be bound by the legal opinion expressed in the decision given pursuant to § 41 or § 42. '
21.
Arbitration fees
Fees shall be paid for proceedings before economic arbitrage authorities under specific rules. ';
Until the Government of the Czech Socialist Republic or the Government of the Slovak Socialist Republic has taken action pursuant to Paragraph 6 (2), the regional State arbitration, including the State arbitration, for the capital of Prague and the State arbitration for the city of Bratislava, shall carry out its activities to the current extent and in the existing areas of competence.
Paragraph 6 of Act No. 170 / 1968 Coll., on certain measures relating to the Federal Order of the State, is hereby repealed.
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text of the Economic Arbitration Act, as is apparent from the amendments and additions made by later laws.
This Act shall take effect on 1 January 1971.
Freedom v. r.
Dr. Hanes v. r.
Dr Strougal v. r.
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Regulation Information
| Citation | Act No. 139 / 1970 Coll., amending and supplementing certain provisions of the Economic Arbitration Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1970 |
|---|---|
| Effective from | 01.01.1971 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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