Act No. 183 / 2009 Coll.
Act amending Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and amending other laws, as amended, and Act No. 121 / 2008 Coll., on Senior Judicial Officials and Senior Officials of the Prosecutor's Office and on the Amendment of Related Acts, as amended by Act No. 7 / 2009 Coll.
Valid
Law
Effective from 26.06.2009
Text versions:
26.06.2009
183
THE LAW
of 28 May 2009
amending Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and amending other laws, as amended, and Act No. 121 / 2008 Coll., on Senior Judicial Officials and Senior Officials of the Public Prosecutor and on the Amendment of Related Acts, as amended by Act No. 7 / 2009 Coll.
Parliament has decided on this law of the Czech Republic:
Amendment of the Enforcement Order
Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (Enforcement Order) and on the amendment of other laws, as amended by Act No. 6 / 2002 Coll., Act No. 279 / 2003 Coll., Act No. 360 / 2003 Coll., Act No. 53 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 284 / 2004 Coll., Act No. 499 / 2004 Coll., Act No. 133 / 2006 Coll., Act No. 253 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 347 / 2007 Coll., Act No. 79 / 2006 Coll., Act No. 133 / 2006 Coll.
1. in Article 7, the following paragraph 6 is added:
"(6) State supervision of the execution activity and of the activity referred to in Paragraph 74 (1) (c) shall also be exercised by the President of the District Court to whose district the executor is appointed; If national supervision is involved in a particular case, also the President of the District Court, who has appointed the executor to carry out the execution. Paragraphs 2 to 4 shall apply mutatis mutandis to the exercise of State supervision by the President of the District Court. The President of the District Court may delegate state supervision to the Vice-President of the Court. The President of the District Court may delegate individual acts in the exercise of State supervision to a senior judicial officer. '.
2. In Article 7a, the words "or Chamber 'are replaced by the words" Chamber or President of the District Court'.
3. in Article 8 (a), the words "on a proposal from the Chamber" shall be deleted;
4. In Article 8 (d), the words "and the reprimands' are deleted.
5. in Article 8 (e), the words "under the conditions laid down in Article 10 (2)" shall be deleted;
6. The following Sections 8b to 8d are inserted after Section 8a:
The Chamber shall immediately send the Ministry a copy of the Act of the Chamber and the related documents.
(1) If the resolution, decision or other measure of the Chamber is contrary to a law or other law and is not subject to a state regulation, the Ministry may repeal such act of the Chamber. Decomposition has no suspensive effect.
(2) Paragraph 1 shall not apply to infringements of civil, commercial, family or labour law. Furthermore, the provisions of paragraph 1 shall not apply to decisions and other acts of the Chamber taken under the administrative rules or under the Law on the Administration of Taxes and Duties.
(1) If the Chamber repeatedly seriously violates the obligation laid down by law, the Minister may decide on the compulsory administration of the Chamber. No degradation may be brought against the compulsory management decision. The first act in the insolvency proceedings may be the adoption of a decision on compulsory administration by the Chamber. The Minister may amend the decision on the compulsory administration of the Chamber.
(2) The date on which the decision on the compulsory administration of the Chamber becomes final shall, to the extent provided for in that decision, be suspended from the office of the Chamber's authorities, except for bringing an action before the courts against that decision. Decision-making of cases falling within the competence of the Comoros authorities shall, at this time, proceed to the Ministry in so far as the performance of their duties has been suspended. The Ministry shall act on behalf of the Chamber on these matters to the extent specified in the decision on compulsory administration of the Chamber.
(3) If the function of the Chamber's authorities has not been suspended or to the extent that it has not been suspended, those authorities may decide on matters within their competence only with the consent of the Ministry, otherwise such a decision shall be void. In cases in which the Ministry does not act on behalf of the Chamber on the outside, the Chamber may act only with the agreement of the Ministry, otherwise such acts shall be void. The first and second sentences shall not apply to the bringing of an action before a court against a decision to impose forced administration of the Chamber.
(4) The costs of the compulsory administration are borne by the Ministry.
(5) The compulsory administration ends with the delivery of the Minister's decision on its termination, no later than 3 years after its introduction. At the next meeting, the Ministry shall report on the enforcement of the compulsory administration and on the state of the Chamber's management and assets. '
7. In Article 9 (2) and (3), "Chamber 'is replaced by" Ministry'.
8. In Article 9 (2), the words "after the Ministry's observations' are deleted.
9.
(1) The Executive Director shall be appointed by the Minister to the Executive Board on the basis of a selection procedure within 1 month of the end of the procedure, to the seat in the district of the District Court.
(2) The Ministry shall hold a selection procedure no later than 1 month after the release of the Executive Office or, if there is an increase in the number of Executive Offices, within 1 month of the decision to increase the number of Executive Offices.
(3) Any person who fulfils the conditions laid down in Section 9 may apply for the selection procedure within a time limit specified by the Ministry. "
10. In Article 15, at the end of paragraph 1, the dot is replaced by a comma and the following point (f) is added:
"(f) the date of the legal authority of the decision imposing a disciplinary measure on the appeal from the Executive Office.";
11. in Paragraph 15 (2):
"(2) The minister of the executor shall appeal
(a) at his request,
(b) where the executor has been convicted of an intentional offence or of an offence committed in connection with an execution operation;
(c) if the executor does not provide the Chamber with a copy or a certified copy of the contract of insurance of his liability for damage within 30 days of his appointment by the executor or if his insurance of liability for damage ceases and the executor does not renew it within 30 days;
(d) if the executor does not open his office at the office of the Executive Office to which he was appointed and is not prepared to carry out the execution activity within 3 months of the lodging of the promise without serious reasons;
(e) if the court, acting on a proposal from the Ministry, has ruled that the executor cannot properly perform the execution activity for at least 1 year due to his state of health. "
12.Paragraph 15 (3) reads as follows:
"(3) The execution of the Executive Director's office shall be suspended on the date of service of the decision on his appeal, if not at his request. ';
13. in Paragraph 15 (4):
"(4) The Minister shall initiate proceedings for the appeal of the executor within 1 month of the date of receipt of the request for appeal by the executor or of any other grounds for appeal. If the Chamber is informed of the grounds for appeal referred to in points (b) to (e) of paragraph 2, it shall notify the Ministry without delay. ';
14. in Article 18 (1) (b), the words "or, if the disciplinary committee has removed his right to represent the executor" shall be deleted;
15. Paragraph 31 (5) reads:
"(5) The obligation of confidentiality shall not be bound by the executor to the extent necessary for the proceedings. Furthermore, the obligation of confidentiality shall not be bound, to the extent necessary for proceedings before another authority, where the dispute between it and the creditor or the debtor or their successors in title is the subject of proceedings and for the exercise of State supervision. ';
16. in Article 31 (6), the words'; the details shall be laid down in the disciplinary order 'shall be deleted;
17. in Paragraph 109 (4), point (e) is deleted;
Point (f) shall be renumbered as point (e).
18. in Paragraph 110 (7) (c), the word "disciplinary" shall be deleted;
19. in Paragraph 110 (7), point (j) shall be deleted;
Points (k) and (l) shall become points (j) and (k).
20. in Paragraph 110 (8):
"(8) Prior approval of the Ministry is required for the validity of the test schedule and the office order."
21. in Article 111 (5), the words "or disciplinary" shall be deleted;
22. in Paragraph 111 (6), points (g) and (i) are deleted;
Points (h) to (r) shall be renumbered as points (g) to (o).
23. in § 111 (6) (i) and (j):
"(i) draw up and submit to the Assembly a draft of the Rules of Procedure, the Rules of Procedure, the Rules of Procedure and the Rules of Procedure;
(j) submit to the Ministry for approval the Examination and Office Regulations, ';
24. In Article 113 (5), the words "and with membership of the disciplinary committee 'are deleted.
Article 25 (114) shall be deleted;
Article 26 (116) and (117) read:
(1) The executor, candidate and associate are responsible for disciplinary action.
(2) The serious or repeated culpability of the executor, candidate or associate
(a) a breach of his obligations under the law, regulation or resolution of the Chamber; or
(b) a breach of the dignity of the executive profession by its conduct.
(3) One of the following measures may be imposed on the executor for disciplinary action:
(a) an admonition;
(b) a written warning,
(c) a fine up to 100 times the base referred to in paragraph 6;
(d) appeals from the Executive Office.
(4) One of the following measures may be imposed on the candidate for disciplinary action:
(a) an admonition;
(b) a written warning,
(c) a fine up to 10 times the base referred to in paragraph 6;
(d) removal from representation.
(5) Some of the following disciplinary measures may be imposed on the conciliator for disciplinary action:
(a) an admonition;
(b) a written warning,
(c) a fine up to twice the basic amount referred to in paragraph 6.
(6) The basis for the determination of the fine referred to in paragraphs 3 to 5 shall be the general assessment basis established under the Pension Insurance Act for a calendar year preceding the calendar year in which the executor, candidate or associate committed disciplinary action for two years.
(7) Where a disciplinary measure has been imposed on an appeal from an executive office, the appeal executor shall not be appointed as executor for a period of 5 years from the legal authority of the appeal decision. Where a disciplinary measure has been imposed on an appeal from a representative, the appeal candidate may not be appointed as a representative for a period of five years from the legal authority of the decision to appeal or be appointed as executor.
(8) The income from fines is the income of the state budget.
(1) A disciplinary action is initiated on a proposal called a disciplinary action.
(2) A disciplinary action may be brought by:
(a) the Minister against any executor, candidate or associate;
(b) the Chairman of the Review Committee and the Chairman of the Audit Committee on matters within the competence of those commissions against any executive, candidate or associate;
(c) the President of the Regional Court against the executor who has his seat in the district of that court, candidate or associate of that executor or representative of the executor;
(d) the President of the District Court against the executor who has his seat in the district of that court, candidate or associate of that executor;
(e) the President of the District Court against the executor who has been appointed by that court to execute the execution, against the candidate or associate of that executor or representative of the executor;
("the plaintiff ').
(3) A disciplinary action must be brought within 6 months of the date on which the plaintiff became aware of the criminal offence, but no later than 3 years from the date on which the criminal offence occurred. Within a six-month period, the period during which preparatory actions shall be carried out shall not be counted as to whether a disciplinary offence has occurred but not more than two months.
(4) The disciplinary action shall include the name and surname of the executor, candidate or associate against whom the action is directed, his seat, the seat of the executor with whom the candidate or associate is employed, a description of the action for which the action is proposed to initiate the disciplinary proceedings and an indication of the evidence on which the application is based. The action shall be accompanied by the evidence available to the plaintiff. ';
27. Sections 118 to 120 are deleted.
28.
(1) Save as otherwise provided for in this Act, the provisions of the Law on Procedure in the cases of judges and prosecutors (21) apply mutatis mutandis to disciplinary proceedings.
(2) In the case of disciplinary proceedings, the Chambers which, under the Law on Procedure in the cases of judges and prosecutors, (21) act and act in proceedings in the cases of judges.
(3) The measures necessary for the enforcement of the imposed disciplinary action will be implemented by the Ministry.
21) Act No 7 / 2002 Coll., on proceedings in the cases of judges and prosecutors, as amended. '
29. In Section 123, the words "1 year 'are replaced by the words" 5 years' and, where appropriate, the words "candidate 'are replaced by the words" candidate or associate'.
30. in Part One, the following Title XII is inserted after Title XI:
ADMINISTRATIVE DEPARTMENTS
(1) The Chamber commits an administrative offence by:
(a) it does not supervise the activity of the executor or the management of the activity of the executor's office or the compliance with the obligations laid down by the executor by law on certain measures against the legalisation of the proceeds of crime and terrorist financing, or it carries out supervision in breach of Article 7 (5);
(b) not to submit the State Regulations to the Ministry in accordance with § 8a (1);
(c) does not maintain or maintain a list of associates contrary to § 20 (1) or (2);
(d) does not remove an executive associate from the list of associates referred to in Article 22 (1) or withdraw from the list of associates pursuant to Article 22 (2);
(e) it does not keep or hold a list of candidates contrary to § 24 (1) or (3);
(f) shall not issue to the executor the card of the executor, stamp or seal,
(g) shall not appoint a representative or a new representative to the executor pursuant to Article 16 (1) and (2) or Article 18;
(h) the Chamber of Commerce shall carry out an exemption in breach of Paragraph 31 (2);
(i) the Presidium of the Chamber shall organise the executive tests in breach of § 115 (4) or shall not ensure that the executive tests are carried out in accordance with the test schedule issued in accordance with § 115 (5);
(j) does not maintain or maintain a central record of execution in breach of § 125;
(k) infringes a decision on forced administration of the Chamber; or
(l) infringes Article 8d (3).
(2) For the administrative offence referred to in paragraph 1, the fine shall be imposed on:
(a) 10 000 000 CZK, if it is an administrative offence referred to in (a), (i), (j), (k) or (l);
(b) 5 000 000 CZK for administrative offences referred to in (c), (d), (e), (g) or (h);
(c) 1 000 000 CZK if it is an administrative offence as referred to in (b) or (f).
(1) The Chamber is not responsible for an administrative offence if it proves that it has made every effort to prevent an infringement of the legal obligation.
(2) In determining the scale of the fine, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and its consequences and circumstances in which it was committed.
(3) The Chamber's liability for an administrative offence shall cease if the administrative authority does not initiate proceedings concerning it within 2 years of the date on which it became aware of it, but no later than 5 years from the date on which it was committed.
(4) The administrative offences referred to in Article 124a are dealt with by the Ministry at first instance. "
Titles XII and XIII shall become Titles XIII and XIV.
Transitional provisions
1. If the presidium's decision to issue a tender was published before the date of entry into force of this Act, the existing legislation shall apply to that tender.
2. If the Chamber proposes to the Minister that the executor be appealed before the date of entry into force of this Act, the current legislation shall apply to its appeal.
3. Save as otherwise provided, Act No. 120 / 2001 Coll., as effective from the date of entry into force of this Act, shall apply to disciplinary proceedings initiated before the date of entry into force of this Act. The disciplinary action shall be assessed and the disciplinary action imposed in accordance with existing legislation.
4. If, before the date of the entry into force of this Act, the disciplinary committee decides pursuant to Article 120 of Act No. 120 / 2001 Coll., in the version effective until the date of entry into force of this Act, and if, before the date of entry into force of this Act, it does not produce a written decision or send it to the accused court or candidate, the Supreme Administrative Court shall decide again on the proposal. Similarly, if the presidium decides to appeal before the date of the entry into force of this Act pursuant to Article 121 (4) of Act No. 120 / 2001 Coll., as effective until the date of entry into force of this Act, and if it does not draw up a written decision before the date of entry into force of this Act or send it to the defendant.
5. If, before the date of entry into force of this Act, the period for lodging an appeal against the decision of the disciplinary commission has not expired or if that period has begun to run after the date of entry into force of this Act, the appeal shall be lodged with the Supreme Administrative Court if, before the date of entry into force of that law, the appeal has not been brought to the disciplinary commission. The existing legislation shall apply to the length of the period of appeal.
6. An appeal procedure which was not decided before the date of entry into force of this Act, as well as an appeal pursuant to the second sentence of point 4, shall apply mutatis mutandis to the provisions of the law on proceedings in the cases of judges and prosecutors. 21). The Boards of Appeal shall decide on the appeal, which shall act and act in proceedings in the case of Judges. If the Supreme Administrative Court does not reject the appeal, it shall, in whole or in part, revoke the contested decision and decide on the case itself.
7. The Chamber shall forward to the Supreme Administrative Court the documents and files relating to the proceedings referred to in points 3 to 6 within 1 month of the date of entry into force of this Law.
Amendment to Act No. 121 / 2008 Coll., on Senior Judicial Officials and Senior Officials of the Prosecutor's Office and on Amendment to Related Acts, as amended by Act No. 7 / 2009 Coll.
In Article 4 (2) of Act No. 121 / 2008 Coll., on senior judicial officers and senior officials of the Prosecutor's Office and on the amendment of related laws, the words "and types of proceedings' are replaced by the words" the types of proceedings and the activities of the Court '.
EFFECTIVE
This Act shall take effect on the day of its publication.
Wolf
Klaus v. r.
Fischer v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 183 / 2009 Coll., amending Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and on Amendment to Other Laws, as amended, and Act No. 121 / 2008 Coll., on Senior Judicial Officials and Senior Officials of the Public Prosecutor and on Amendment to Related Laws, as amended by Act No. 7 / 2009 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.06.2009 |
|---|---|
| Effective from | 26.06.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0