What is Act No. 165 / 1982 Coll.?

Act No. 165 / 1982 Coll., amending and supplementing the Economic Code — Law amending and supplementing the Economic Code.

When it became Act No. 165 / 1982 Coll. effectiveness?

Act No. 165 / 1982 Coll. became effective 01.01.1983.

Is Act No. 165 / 1982 Coll. still valid?

Yes, Act No. 165 / 1982 Coll. is still valid and effective.

Act No. 165 / 1982 Coll. - Law amending and supplementing the Econo...

165

THE LAW

of 15 December 1982

amending and supplementing the Economic Code

The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:

Čl. I

Economic Code No. 109 / 1964 Coll., as amended, is amended as follows:

1. Paragraph 2 deletes paragraph 2 and the designation of paragraph 1.

2. The heading above Section 3 is deleted.

3. Article 7 is renumbered and classified as Article 5.

4. The following Section 6 and Section 7 are inserted after Section 5:

„§ 6

(1) Control of the economic activity of socialist organisations and economic management bodies as part of economic management provides the competent authorities with objective information on the assurance and performance of tasks, on the underlying causes of the derogations and on the use and effectiveness of established direct and indirect management instruments. It identifies shortcomings in economic activity and their underlying causes, promotes their permanent removal and actively acts to ensure that the economic governance authorities and socialist organisations carry out the economic policy of the State on a targeted basis. It works to increase the level and efficiency of economic governance and to prevent deficiencies.

(2) The audit also focuses on educational activities for workers to deepen their social responsibility, strengthen labour discipline and state discipline, and develop their efforts to protect social interests.

§ 7

The planning, financing, control and organisation of economic activities shall be governed by this law and other legislation; specific provisions shall be laid down in other instruments of the single management system, in particular the wage system, price formation and a single system of socio-economic information. ';

5. In Article 17, the current text is renumbered as paragraph 1.

"(2) In the cases and under the conditions laid down in this Act or in any other legislation, economic relations shall be represented on their behalf and shall bear the property responsibility arising from such relations also from the organisational units of state organisations, territorial and sectoral bodies of cooperative organisations, bodies and bodies of social organisations (hereinafter referred to as" the organisational units of socialist organisations'); for their eligibility to acquire rights and undertake, for their legal acts and obligations, the provisions of this law and other legislation relating to socialist organisations shall apply mutatis mutandis. Paragraph 18a, 119 and 119a shall apply mutatis mutandis to their economic activity. '

6. In Article 23 (2), the following words shall be added at the end of the sentence: "or under the conditions and in the manner laid down in the implementing regulation, means of calculation and, where appropriate, other techniques for processing or transmission of data '.

7. Article 24 (2) reads as follows:

"(2) If the economic arbitrage at the hearing finds that a legal act is invalid because its content is contrary to or circumventing the law, an organisation which, at the time of the legal act of nullity, knew or had to know, may impose a levy on the relevant State budget up to the amount of what it has been or should have complied with if it has already begun to do so on the basis of such a legal act. Instead of non-cash performance, its monetary value shall be paid. ';

8. In Article 30 (2), the words "security and 'and the words" analysis' shall be inserted after the words "normal control '. The following sentence is added at the end:" The other economic management authorities are also following the same procedure. "

9.

„§ 32

(1) As a general rule, economic activity in the various sectors or sectors of the national economy is concentrated in production units or other similarly organised economic units (hereinafter referred to as the "production unit") which are equipped with means to ensure a coherent economic process and to develop concentrated production or other economic activities.

(2) The creation of production units shall be based on the economic effectiveness, in particular the linkage and continuity of economic activities, the technological continuity of production, the concentration of research with production, the planned fundamental changes to the structure of production and the commercial and territorial aspects. ';

10.

„§ 33

The production unit is directly managed by the Ministry. It may be organised as one state economic organisation or as a group of several state economic organisations, comprising an organisational, economic and, where appropriate, a legal entity. The implementing regulation shall specify the forms in which the production units are to be formed. ';

11. Paragraph 37 is deleted.

12.

„§ 38

State economic organisations managed by national committees shall be organised and managed in such a way as to satisfy, in the relevant sectors and disciplines, the public's needs, in particular services, production, transport, municipal and urban construction, the maintenance of housing, health, education and cultural facilities, and to contribute to the development of the national economy, in particular in a timely and cost-efficient manner.

§ 39

The competent ministries shall exercise the powers laid down by law in the area of economy managed by the national committees. ';

13.

„§ 42

(1) The State Economic Organisation shall establish a competent Minister or Head of the Central Authority of the State Administration (hereinafter referred to as "the Minister ') after consultation with the relevant Regional National Committee or, where appropriate, the National Committee of the City of Prague or the National Committee of the Slovak Socialist Republic of Bratislava (hereinafter referred to as the Regional National Committee) and the relevant trade union. The Minister, after consulting the central planning body of the Republic, shall do so with regard to the State Economic Organisation managed by the Federal Ministry. The provisions of the Specific Regulations remain unaffected.

(2) On the sections managed by the national committees, state economic organisations shall set up a competent national committee. The arrangements for the establishment, management and internal organisation of these national economic organisations shall be laid down in specific provisions. ';

14.

„§ 46

(1) Relations within the production units of the production units of the organisations or organisational units acting on their behalf in economic relations shall be governed by their statutes in accordance with the legislation. The principles of the Statute shall be laid down and their issuing and approval shall be laid down in implementing provisions.

(2) The internal organisation of individual national economic organisations and, where applicable, their organisational units shall be governed by their rules of organisation, which they shall lay down in accordance with the principles laid down in the statutes and, where appropriate, in the implementing or specific rules of the management organisation. "

15. In Paragraph 47, the current text becomes paragraph 1 and the following paragraph 2 is added:

"(2) An organisational unit of a State Economic Organisation acting on its behalf in economic relations shall not be responsible for the obligations of the State Economic Organisation of which it is part. However, the State Economic Organisation shall be responsible for the liabilities of its organisational unit, which are not sufficient to cover the funds it manages. '

16. Paragraph 60 (2) reads as follows:

"(2) The budgetary organisations shall be state organisations which, by their revenue and expenditure, are involved in the national budget of the Federation or of the Republic or of the National Committee (hereinafter referred to as the" relevant budget ') and shall manage separately according to the approved budgets.';

17.

„§ 62

In particular, other national organisations shall:

(a) the contribution organisations involved in the relevant budget in financial relations (contribution or contribution); Article 61 (1) applies mutatis mutandis to them,

(b) the Federal and State Funds of the Republics. ';

18.

„§ 64

(1) The national property is all state-owned socialist property (tangible national property) and all claims and other State property rights, including the State's right to use the results of research, development, project and other similar activities to the extent and in the manner laid down in the legislation.

(2) The various parts of national assets are under the administration of state organisations. Organisational units of a state organisation acting on their behalf in economic relations shall exercise, on their behalf, in their capacity to acquire rights and to undertake, also the management of national assets which are under the administration of the state organisation and with which they are managed; it shall also act on its behalf in respect of such national property. Unless otherwise provided for in the implementing regulation or under the conditions set out in the Statute, they shall have the same authorisations and obligations as the organisation managing national property. ';

19. In Paragraph 65 (3), the following words are added at the end of the first sentence: "unless the legislation provides that this property is in the interim administration of another State body or organisation. '

20. § 67 reads:

„§ 67

The provisions of this Act and the implementing provisions on the relevant types of economic obligations shall apply to transfers of national property management between state organisations which take place in the course of the performance of the obligation to supply products, to carry out work or to other transactions within or in connection with the defined object of the activity (normal management). ';

21. In Article 68, the current text becomes paragraph 1.

"(2) The implementing act may specify in which cases the surplus or unfit property is transferred in the normal course of business. ';

22. Paragraph 69 (1) reads as follows:

"(1) The provisions of this Act and the implementing provisions on the relevant types of economic liabilities shall apply to transfers of national assets to the property owned by organisations other than state organisations which occur in normal management. '

23. The title above Paragraph 72 reads:

"Claims and other property rights of the State '.

24. In the introductory sentence of Paragraph 72 (1), the following words are deleted: "and other rights of the State (hereinafter referred to as claims) '.

25. the following Section 73a is inserted after Section 73:

„§ 73a

(1) Paragraph 72 applies mutatis mutandis to the jurisdiction to manage other property rights of the State.

(2) Organisations are required to manage, use and ensure the continued efficient use of other State property rights, including the results of research, development, project and other similar activities, in the manner laid down by law. "

Article 26 (76) (2) reads as follows:

"(2) The cooperative organisations are in particular folk cooperatives, their higher organisations (cooperative associations, the Central Council of Cooperatives) and cooperative enterprises. '

27. in § 77 (2), the words "Mellioration Cooperatives" shall be deleted;

28.

„§ 78

(1) People's cooperatives can create higher organisations, in particular cooperative associations, to ensure their development, to enhance mutual assistance and cooperation and to ensure uniform management.

(2) Cooperative associations plan, manage and control the activities of cooperatives in their field of activity, their cooperative undertakings and, where appropriate, other cooperative organisations.

(3) Cooperative associations may, in their competence, establish territorial or sectoral bodies (hereinafter referred to as "territorial authorities") in order to improve the planned management of cooperative organisations. The formation, in particular the method of choice and the basic scope of the territorial authorities, shall be governed by the statutes of the cooperative association. Territorial authorities may act on their behalf in economic relations only if and to the extent provided for by the statutes of the relevant Union. ';

29. In Paragraph 83, the following paragraph 2 is inserted after paragraph 1:

"(2) The Statutes of the Central Council of Cooperatives or of the Association of Cooperatives may determine that an authority may be set up in such organisations, which, in the period between the meetings of their highest authorities, exercises the powers of such bodies to the extent defined by the Statutes."

Paragraph 2 shall become paragraph 3.

30.

„§ 84

(1) The executive bodies of the cooperatives and their senior organisations are the boards which are entitled to act on their behalf on all matters. The way in which the boards act externally shall be regulated by the statutes; However, if a written form is prescribed for the legal act of the Board of Directors, the signatures of at least two members of the Board shall be required.

(2) The activities of the Board of Directors shall be organised and managed by the President elected in accordance with the Statutes. The powers of the Board and the Chairman shall be governed by the Statutes and, where appropriate, by the Rules of Procedure. ';

Article 31 (87) (1) reads as follows:

"(1) Cooperative associations and the Central Board of Cooperatives shall, in accordance with the laws and requirements of the national economy in their field of competence, issue binding directives, in particular on organisational, planning, property management, financing, lending and destruction of cooperative organisations; However, the planning, financing and lending of cooperative residential buildings shall be governed by implementing and, where appropriate, by specific rules. ';

32. in Article 87 (2), the following shall be inserted after the provision indicated under (a):

"(b) abolish a resolution whose enforcement has been suspended if it is contrary to legislation, statutes or mandatory directives of higher cooperative organisations and if the cooperative organisation which issued them itself fails to remedy it within a reasonable time limit set by the higher cooperative organisation, with the warning that otherwise the resolution will be revoked,";

The existing provisions marked with (b), (c) shall be marked with (c), (d).

33. In Paragraph 93, the following paragraphs 2 and 3 are inserted after paragraph 1:

"(2) The head of the cooperative undertaking shall be the only manager (director) who manages and is entitled to act on his behalf in all matters; appoint and withdraw it, after the statement of the relevant trade union, the cooperative organisation which set up the cooperative undertaking.

(3) Where a cooperative undertaking is a member of a cooperative undertaking, the cooperative organisation which set it up may determine which plants shall be entered in the company register as split plants of the cooperative undertaking; the manager of the fissile plant is entitled to do all legal acts concerning the plant on behalf of the cooperative undertaking. ';

Paragraphs 2, 3, 4 to date shall become paragraphs 4, 5, 6.

Article 34 (95) reads:

„§ 95

(1) Cooperative assets are owned by individual cooperative organisations, except those entrusted to management.

(2) Cooperative associations and the Central Council of Cooperatives assign their cooperative assets to the management of the cooperative undertakings which they establish and, where appropriate, other cooperative organisations which they establish on the basis of special rules and cooperative associations to the territorial authorities which act on their behalf in economic relations. "

35. in Article 113, the words "between economic management bodies and, where appropriate, between economic management bodies and socialist organisations" shall be inserted after the words "between socialist organisations."

36. the following Section 114a is inserted after Section 114:

„§ 114a

(1) Organisations are required to carry out a continuous survey of needs and cooperation to create the conditions for the proper conclusion of economic contracts for the extent, structure and timing of deliveries which best satisfy the needs of the company in line with the planned tasks of the plan. Therefore, in the period of preparation and preparation of medium-term plans and in the course of ensuring the tasks of such plans, they are, in particular, obliged to:

(a) discuss mutual supplier-customer relations according to the urgency of the needs and the state of their security;

(b) inform long-term customers and suppliers in advance of and, in more serious cases, discuss projects in the development of production and / or sales programmes, in the innovation of the product range, in the range envisaged, in the range or in the timing of deliveries and withdrawals.

(2) In cases where the law specifically provides for an obligation to discuss supply-customer relations, or where the competent economic management authorities impose such an obligation, the organisation or, where appropriate, the economic management bodies shall be obliged, on the basis of the supporting documents provided for in the draft State plan, to conclude negotiations by means of a protocol to discuss supply-customer relations or, where appropriate, by concluding a contract to prepare supplies.

(3) The economic management authorities shall organise the discussion of supply-customer relations and, where such discussion is provided for as an obligation under paragraph 2, resolve the discrepancies in accordance with the procedure and within the time limits laid down by the legislation or measure of the competent government.

(4) Following the approval of the State Plan, both the organisations and the economic management authorities are obliged to make the necessary adjustments to the supply and customer relations if they result from the need to ensure the tasks of the State Plan.

(5) The implementing act shall lay down more detailed procedures for the organisations or authorities referred to in paragraphs 1 to 4, as appropriate; it may also specify whether and in which cases they have the obligations laid down in paragraphs 1, 2 and 4 of the organisational units or branches of the socialist organisations. ';

37.

„§ 115

Planning acts

(1) The planning act on the basis of which the obligation to conclude an economic contract or the right to issue a delivery order arises is a planning decision issued by a competent authority in accordance with a legal act which, as appropriate, defines the future supply of products, works or services between organisations and, where appropriate, other cooperation between organisations (hereinafter referred to as the "planning act"). The planning act must provide for at least a basic determination of the subject matter and the period of performance of a particular organisation vis-à-vis another organisation; it shall normally be issued for annual or multiannual periods. The implementing act may provide for further details of the planning act.

(2) Planning acts, provided that they comply with the requirements laid down in paragraph 1, are the tasks of the State Plan and its breakdown, government measures setting out tasks to ensure urgent social needs and other types of planning decisions, as laid down in the implementing regulation. "

38.

„§ 116

Economic contracts

(1) Socialist organisations are required to use economic contracts as instruments for organising cooperation between them in the planning process. In particular, economic contracts shall specify and ensure the planned tasks; are also one of the basis for preparing and making plans.

(2) Organisations shall be required to include in the contracts adequate planning decisions and agreements concluded when negotiating supplier-customer relations in the planning process; the commitments under these contracts constitute a binding basis for organisations to process their economic plan, in particular the production plan.

(3) The economic management authorities and the bodies or bodies responsible for the material balance and distribution are required to base their tasks on contracts concluded under the planning decisions when drawing up draft plans, on the balance sheet and on the schedule of the tasks of the plan.

(4) Organisations conclude economic contracts to prepare future transactions (preparatory contracts) or to supply products, works, performance or other transactions (supply contracts).

(5) If this is appropriate to ensure mutual cooperation, economic contracts and economic management bodies shall be concluded. In such cases, provisions on socialist organisations shall apply mutatis mutandis to economic management bodies. ';

39.

„§ 117

Commitments from planning acts and unilateral acts

(1) The implementing rules may provide that economic obligations arise directly from planning acts where further specification is not necessary in the economic contract.

(2) Under the conditions laid down in this Act or in the implementing act, economic obligations to supply and take-off may arise between organisations on the basis of the legal act of one of the organisations.

(3) The provisions on obligations under paragraphs 1 and 2 shall apply to economic commitments. ';

40. In the second sentence of Paragraph 119 (1), the words "and 'shall be deleted after the word" most appropriate' and, at the end, the following words shall be added: "and closely monitor compliance with the commitments given by the other organisations'.

Article 119 (2) and (3) reads as follows:

"(2) If the organisation does not inform the other organisation in due time of major changes in the expected scope, range or timing of deliveries or withdrawals (§ 114a), the supplier is obliged to undertake to make such deliveries only in the case of long-term supplier-customer relations when concluding economic contracts, following the development of the scope, structure and range of deliveries, and the customer is entitled to promote such supplies only.

(3) Organisations supplying industrial products shall ensure, to the extent necessary, the service and supply of spare parts where the nature of such products so requires. This obligation shall continue to apply after production has ceased for the period during which it is customary and effective to correct products. A foreign trade undertaking has a similar obligation on import. '

42. § 119a reads:

„§ 119a

(1) Organisations may not, contrary to the requirements of customers, restrict the production or release from the production programme of products, work or performance, unless authorised by the superior central authority, or for organisations managed by national committees by the Regional National Committee; consent after consultation with the relevant customer central authorities. If products are intended for defence and state security purposes, restrictions on the production or launch of products from the production programme may not be made if the superior authority does not reach an agreement with the Federal Ministry of Defence or the Federal Ministry of Interior, and if products are intended for complex residential construction, agreements with the Ministries of Construction and Technology of the Republics. The Government of the Czechoslovak Socialist Republic may provide for further cases where, in order to restrict production or to remove products from the production programme, consent may be given only in agreement with the customer central authorities, or where appropriate, to determine which other central authorities the restriction or cancellation of production must be discussed. Paragraph 51 applies mutatis mutandis.

(2) Organisations shall not abuse their economic status to obtain unjustified or disproportionate benefits at the expense of other organisations or consumers, or otherwise act against the interests of society. In particular, they shall not:

(a) enforce disproportionate conditions when concluding economic contracts or other agreements (declare an excessive number of unilaterally advantageous provisions as necessary for the creation of a contract, make the conclusion of an economic contract conditional upon the acceptance of an obligation to perform which is not related to the required performance or whose security falls within their economic activity, etc.);

(b) to stop or restrict the sale of products, to hide or to accumulate products or to otherwise cause their shortages in order to obtain unjustified economic benefits;

(c) to disadvantage organisations for exercising property liability, in particular to enforce property sanctions.

(3) Organisations may not, on their own or in agreement with other organisations in their economic activities, engage in acts which, contrary to the interests of the national economy, restrict or otherwise adversely affect the activities of other organisations or are harmful to consumers.

(4) An organisation having a legal interest may, in the case of economic arbitrage, request that an organisation acting in breach of the provisions of paragraphs 1 to 3 refrain from such conduct or, where appropriate, from the removal of the unlawful situation. An organisation which has caused damage to another organisation by such conduct shall be obliged to compensate it for such damage, including loss of profits. ';

43. Paragraph 125 (2) reads as follows:

"(2) The organisation shall undertake to amend or withdraw its obligations under the economic contract if the other organisation so requests within one month of the expiry of the deadline for the submission of the draft contract for the relevant delivery period,

(a) where the basis is a planning act or a later commitment, or any other conclusion adopted in the negotiations on international economic relations by the authorities entitled to do so;

(b) if the other organisation proves that, as a result of the content of the undertaking, it could not ensure that the tasks imposed on it by a later planning act were carried out; However, it shall not be obliged to accept any modification or cancellation of the organisation's obligations if the required modification would prevent it from carrying out the task imposed by the planning decision of at least the same force. ';

44. Paragraph 125 is added to paragraphs 3 to 8:

"(3) The organisation shall, on the basis of consistent measures taken by the superior bodies under the legislation, undertake to amend or withdraw the obligation under the economic contract after the expiry of the period referred to in paragraph 2.

(4) Organisations shall also be obliged to undertake an amendment or cancellation of commitments where:

(a) no measure has been granted which is provided by law as a precondition for the performance of the undertaking;

(b) the performance of an undertaking by at least one of the organisations would be contrary to the action taken by the competent authority under the legislation;

(c) there have been new developments following the conclusion of the preparatory contract for which the fulfilment of the relevant obligations cannot be reasonably required; However, amendments to or cancellation of an obligation under a contract for the preparation of supplies which the organisation has been obliged to conclude may only be requested in accordance with paragraphs 2 and 3.

(5) The organisation shall also be obliged to accept a change in the undertaking where the fulfilment of the undertaking is dependent on its co-operation and the timely performance of the undertaking is prevented by failing to fulfil its obligations properly within the agreed period.

(6) In the cases referred to in paragraphs 4 and 5, the organisation on whose part the reason for the change or cancellation of the undertaking has arisen shall be obliged to reimburse the other organisation for the necessary costs incurred in the preparation for the performance of the undertaking, the modification of the undertaking or its cancellation.

(7) An organisation shall not be obliged to accept an amendment or cancellation of an undertaking pursuant to paragraphs 2 to 5 unless the other organisation has requested it without undue delay after it has identified or could have ascertained the fact that it decides to amend or withdraw the undertaking. Furthermore, the foreign trade undertaking shall not be obliged to accept an amendment or cancellation of the undertaking unless the foreign exchange coverage is provided for in order to cover costs which cannot be adequately modified or decommitted in relation to foreign countries without the expense of which it cannot be reasonably demonstrated.

(8) Further cases where organisations are obliged to accept an amendment or cancellation of an undertaking and cases not covered by an amendment or cancellation of an undertaking may provide for implementing provisions. ';

45. in Article 130 (2), the following shall be inserted after the provision marked with (a):

"(b) three years for insurance claims,"

The existing provisions marked with (b) shall be marked with (c).

46. in Paragraph 131 (1) (b), the word "second" shall be inserted after the word "to the end."

47. Paragraph 131 (3) of the second sentence reads:

"However, the right to compensation may be exercised until the end of the fifth year at the latest and if it is for supplies for export until the end of the tenth year following the expiry of the time limits for complaint of defects, if it is for damage caused by defective performance; in other cases by the end of the tenth year following the occurrence of the damage. ';

48. v § 131

Citation	Act No. 165 / 1982 Coll., amending and supplementing the Economic Code
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	16.12.1982
Effective from	01.01.1983
Effective until	-
Status	Valid

Act No. 165 / 1982 Coll.

Law amending and supplementing the Economic Code

Contents