Act of the Czech National Council No. 147 / 1984 Coll.
Act of the Czech National Council on Judicial Charges
Valid
Effective from 01.01.1985
147
THE LAW
Czech National Council
of 18 December 1984
on judicial fees
The Czech National Council decided on this law:
Subject matter of court fees
The judicial fees (hereinafter referred to as "charges') shall be levied for each operation or procedure (hereinafter referred to as" charge ') referred to in the implementing act, where they are carried out on a proposal from:
a) District and District Courts and Municipal Court in Brno, Regional Courts and Municipal Court in Prague, Supreme Court of the Czech Socialist Republic and Supreme Court of the Czechoslovak Socialist Republic in civil proceedings,
(b) the administration of courts;
(c) the authorities of the prosecution.
Rates of fees
Fees shall be collected by a percentage of the base (percentage fee) or by a fixed amount (fixed fee); the rates of charges are shown in the schedule of the court fees (hereinafter referred to as the "schedule ') annexed to the implementing regulation.
Percentage fee base
(1) Where the rate of charge is determined by a percentage of the base, the basis of the charge shall be the price of the subject matter of the charge, customary at the place and time of the application for the charge; where the price of the property is the basis of the charge, that price shall be the price determined in accordance with the price regulations, without any increase, where permitted by those rules. The payment for the establishment of a right of use of land or payment resulting from the settlement of that right shall also be included in the basis of the fee, (1) if that right is subject to a charge.
(2) If the fee is subject to a repayable act, the charge shall be the sum of the prices of all repayable transactions.
(3) The basis of the fee in the dispute settlement proceedings for the joint ownership of spouses is the price of all items belonging to the joint ownership of spouses and other values which are settled.
(4) The basis of the cancellation and joint ownership fee shall be the price of the case or part thereof requested by the appellant.
(5) The basis of the charge in the appeal proceedings shall be the price of the right to appeal.
(6) The charge above 500 CZK shall be rounded up to the whole hundred koruna and the fee applied to the whole koruna up.
Taxpayers
(1) The fees are:
(a) the appellant (s) of the charge, unless otherwise specified,
(b) participants in the conciliation procedure, 2)
(c) both participants in the dispute settlement proceedings for the joint ownership of spouses;
(d) a citizen or organisation in proceedings initiated on a proposal from the Prosecutor or the National Committee in which their right has been exercised.
(2) If the appellant is exempted from the charge in the proceedings and the court has complied with his application, the fee or the corresponding part of the defendant shall, according to the outcome of the proceedings, be paid, unless it is also exempted from the charge. However, this obligation shall not be imposed on the defendant in proceedings for divorce or invalidity of the marriage or in determining whether or not the marriage is there, in proceedings for denial of paternity initiated at the request of the mother of the child and in conciliation at the time of the agreement.
(3) If more than one taxpayer is required to pay the fee jointly, the fee shall be paid jointly and severally.
The creation of a fee obligation
The fee obligation shall be:
(a) an application for an action to be carried out by the appellant (Article 4 (1) (a)),
(b) approval of the conciliation procedure;
(c) by drawing up an application to initiate proceedings or appeal against a decision to the Protocol;
(d) in other cases, by imposing an obligation to pay a fee in connection with the decision on the substance of the case.
Validity of the fee
The fee for the submission of the application shall be payable by the occurrence of a fee obligation. The fee for drawing up an application to initiate proceedings or appeal against a decision to the Protocol shall be payable by its drawing up. Other charges shall be payable within three days of the legal authority of the decision which has imposed the charge or approved the conciliation.
Method of payment of the fee
(1) If the fee does not exceed the amount of 1000 CZK and if it is not enforced, it is paid with stamp marks. The fee in other cases shall be paid on behalf of the court for whose charge the fee is levied; the appeal procedure shall be paid on behalf of the court against whose decision the appeal is directed. A fee of not more than 1000 CZK may, if it considers it appropriate, be authorised by stamp.
(2) The arbitration fee paid shall be included in the fee if the arbitration application has been referred to the court's economic arbitrage authority.
Consequences of non-payment of the fee
(1) If the fee due by the application for the initiation of proceedings is not paid in full, nor is it subsequently paid within the time limit specified by the court in the notice:
(a) if the application for appeal is made,
(b) if there is a labour dispute preceding the arbitration procedure;
(c) where the proposal is extended or submitted to one another on the same subject; or
(d) if there is a danger of delay and the taxpayer certifies that he could not pay the fee without his guilt.
(2) In other cases, the court shall terminate the proceedings if it has not already acted on the substance of the case.
(3) The procedure will not stop if the fee has not been paid to draw up a motion to initiate proceedings in the protocol.
(4) If the fee is paid before the end of the period for appeal against the order suspending the proceedings for non-payment of the fee, the Court of First Instance shall repeal the order.
(5) If a resolution on the termination of proceedings for non-payment of a charge of legal authority arises, the charge shall cease.
(6) Where an application for a charge is made by the administration of a court or an application for a charge other than that referred to in paragraph 1, the charge shall not be made until the fee has been paid.
Repayment of the fee
(1) The fee shall be refunded if paid, who was not obliged to.
(2) If a charge has been paid more than should have been paid, the overcharge shall be refunded.
(3) The fee shall also be refunded to the person who paid it on the basis of the incorrect decision of the court to which this obligation has been imposed on him. The repayment of the fee shall be decided by the court which issued the wrong decision, on its own motion.
(4) The fee payable by application to initiate proceedings or appeal shall be refunded if the procedure has been terminated or the application or appeal has been withdrawn before the first hearing or the application or appeal has been rejected for delay or inadmissibility. Similarly, the fee shall also be refunded in respect of an application for a payment order, if it has been withdrawn at the latest on the last day of the period for lodging the opposition; the fee shall be refunded after the opposition has been lodged if the application has been withdrawn before the first hearing.
(5) If the proceedings for divorce of a marriage have been terminated or if the application for the initiation of proceedings has been withdrawn at the latest before the decision has been given by the Court of First Instance, the full fee shall be refunded. If the application to open proceedings for divorce of a marriage was withdrawn after the decision of the court which had not obtained legal authority without appeal, half the fee shall be refunded. If, in the appeal proceedings, the divorce proceedings were terminated or the appeal against a decision rejecting the application for divorce was withdrawn, half of the fees paid in both stages of the proceedings shall be refunded.
(6) The fee (excess fee) will not be refunded if it does not exceed 30 CZK.
Exemption from the fee
(1) The charge shall be exempt from legal proceedings in respect of:
(a) guardians;
(b) care for minors, adoption and authorisation to marry;
(c) legal capacity;
(d) death declaration,
(e) mutual maintenance obligations for parents and children,
(f) the determination of the rights of the unmarried mother to cover nutrition and the costs of pregnancy and sleep;
(g) denial of paternity and the failure to comply with an invalid legal act initiated at the request of the prosecutor, 3)
(h) sickness insurance, social security and healthcare;
(ch) appeal against a decision of the State notaries,
(i) review of decisions of non-judicial bodies;
(j) the first entry of economic organisations, including the entry in the company register of members of the first board of directors of the cooperative.
(2) The fee shall be exempt:
(a) the Czechoslovak State, the Budget Organisation and the Czechoslovak State Bank;
(b) workers (domestic workers) or members of cooperatives, if they are the subject of proceedings for a claim from their work or equivalent Member State or from a similar employment relationship, with the exception of claims against them for damages caused intentionally or in intoxication or criminal offence, by offence or, where appropriate, by offence; This also applies to pupils of secondary vocational schools and pupils of special vocational schools,
(c) the applicant in proceedings for the determination of maintenance, not for the mutual maintenance of parents and children;
(d) the applicant in the proceedings for compensation, including damage to cases brought in connection with an injury;
(e) the appellant, in proceedings concerning his rights under copyright, performance artists' rights or his claims under the right of invention, discovery, improvement proposal and industrial design and for solving thematic tasks,
(f) the appellant in the procedure for determining paternity, with the exception of the proceedings for denying paternity,
(g) soldiers in the basic (replacement) service;
(h) the prosecutor or national committee in the proceedings initiated on their proposal and in the proceedings to which they have entered;
(ch) the social organisation in the proceedings to which it has entered, 5)
(i) a citizen, as well as organisations whose law applies to proceedings initiated on a proposal from the Prosecutor or the National Committee;
(j) the appellant in proceedings for damages brought by an unlawful decision or by maladministration;
(k) the applicant in proceedings for damages brought by a judgment on detention or punishment;
(l) diplomatic representatives in the Czechoslovak Socialist Republic, professional consuls and other persons enjoying privileges and immunities under international law, provided that they are not Czechoslovak nationals and that reciprocity is guaranteed. 6) This exemption does not apply to fees levied for notional acts relating to real estate and suggestions to initiate proceedings (appeals) where the property is the subject of a dispute.
(3) The exemption provided for in paragraphs 1 and 2 also applies to enforcement proceedings.
(4) The exemptions provided for in paragraph 1, paragraph 2 (b) to (f) and (i) to (k) and paragraph 3 shall not apply to charges for individual acts.
Management
In the case of charges, the authority responsible for carrying out the charge shall decide. In the case of fees for proceedings before the Court of Appeal, the court against whose decision the appeal is directed shall decide if the charge has not been decided by the Court of Appeal.
(1) The fee (supplement) cannot be charged or recovered after three years from the end of the calendar year in which it became payable.
(2) A new three-year period shall apply from the end of the calendar year in which the taxpayer has been informed in writing of the action taken by the court to measure or recover the fee (the fee supplement) or in which he has negotiated a repayment agreement.
(3) The action to recover the fee (fee supplement) is also a written reminder of the payment of the fee (fee supplement) delivered to the taxpayer.
(4) The fee (fee supplement) cannot be charged or recovered as soon as 10 years have elapsed since the end of the calendar year in which the charge has been completed.
The Civil Code and the Rules on Tax and Fees Procedure shall apply mutatis mutandis to proceedings relating to fees, unless otherwise provided for in this Law. 7)
The Court of First Instance shall instruct the taxpayer in the matter of charges, in particular the consequences of non-payment of fees, exemption from charges, or relief from charges, so that the taxpayer does not suffer harm.
Control and surveillance
The Ministry of Finance of the Czech Socialist Republic, the Financial Administration and the Ministry of Justice of the Czech Socialist Republic check with the courts whether the fees are levied in the correct amount, properly and in time.
Common, transitional and final provisions
If the law refers to the court and its bodies, this is understood to mean the fees levied by the prosecution for its punishable acts by the prosecution and its authorities.
Charges shall be levied in accordance with existing provisions, even if they become payable for the effectiveness of this Act, on the charges proposed or for proceedings initiated before the application of this Act.
(1) In an agreement with the Ministry of Justice of the Czech Socialist Republic, the Ministry of Finance of the Czech Socialist Republic will issue regulations for the implementation of this Act, specifying the actions and procedures for which fees are levied, adjusting the details of the basis of fees, fees, fees, rights and obligations of taxpayers, courts, control and supervision bodies, as well as details of the existence of a fee obligation and the method of payment of fees.
(2) In agreement with the Ministry of Justice of the Czech Socialist Republic, the Ministry of Finance of the Czech Socialist Republic may:
(a) to refrain from collecting a fee or waiving a fee for each type of charge and group of persons;
(b) take measures to prevent irregularities and hardships which could arise from the implementation of the law;
(c) to waive any inconsistencies and stubbornness of fees to individual persons and to entrust the administration of courts and determine their authorisation to authorise relief.
They are hereby repealed for the territory of the Czech Socialist Republic:
1. Act No. 116 / 1966 Coll., on Judicial Charges,
2. the measure of the Ministry of Finance to implement the Law on Legal Charges No 153 / 46 260 / 1967 of 2 January 1968, registered in the amount of 9 / 1968 Coll.,
3rd Decree of the Ministry of Finance of the Czech Socialist Republic on the exemption of cooperatives for the construction of family houses from court fees No. 153 / 11 026 / 1983 of 9 June 1983, registered in the amount of 26 / 1983 Coll.
This Act shall take effect on 1 January 1985.
Kemp v. r.
Korcák v. r.
1) Paragraph 218 (2) of the Civil Code.
2) Paragraph 67 et seq. of the Civil Code.
3) Article 62 of the Family Act. Article 457 (2) of the Civil Code.
4) Sections 32 and 35 of the Civil Code.
5) Paragraph 33 of the Civil Code.
6) Decree of the Minister of Foreign Affairs No. 157 / 1964 Coll., on the Vienna Convention on Diplomatic Relations. Decree of the Minister for Foreign Affairs No. 32 / 1969 Coll., on the Vienna Convention on Consular Relations.
7) Decree of the Ministry of Finance No. 16 / 1962 Coll., on Tax and Charges Proceedings.
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Regulation Information
| Citation | Act of the Czech National Council No. 147 / 1984 Coll., on Judicial Charges |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.12.1984 |
|---|---|
| Effective from | 01.01.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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